Изображения страниц
PDF
EPUB

be reported and examined into by public officers, and amusingly conclude by endorsing the theory that, besides the ochilesis induced by agglomeration of lunatics, the walls of hospitals become impregnated, with an animal, and, therefore, destructive poison. This valuable document is followed by an appendix, which, if not flowing from the pen of an English Commissioner, must emanate from a spectator who sees the boons and blessings conferred by the Board of Lunacy through a magnifying, as well as a multiplying, medium.

In 1846 the cloistered lunatics were supposed to reach 3377 in number; in 1860 Dunglison calculates that the gross insane population, including those in seclusion and those at liberty, reached to about 31,000, or 1 lunatic or idiot in 1400 of the inhabitants; but these statistics are, from the fallacies ad uncertainty attending the taking of the census, nearly as conjectural as the statement of Dr. Pliny Earle, who in 1867, represents, on the authority of the census of 1860, the Insane as having been ascertained to be 24,000, but assumes that the actual total should be 40,000. To accommodate the exigent cases of these classes there are now 76 establishments, exclusive of almshouses, but their capacity cannot even be guessed at, as a table published in 1862 contained only such hospitals as were then finished, and was, confessedly, imperfect, inasmuch as those supplying the wants of States that had been separated from the Union by civil dissension were excluded. The editor of the Journal of Insanity' has promised a new and exhaustive edition of this important document.

The unfortunate victims to alienation for whose accommodation this vast machinery is intended, are deprived of liberty and their civil rights, not summarily, but by a process of law. This process, unfortunately, differs so widely and irreconcilably in different states as greatly to impede the smooth and successful working of the general machinery, and as greatly to perplex a critic accustomed to the simple and uniform character of the law in his own community. It would appear that in primitive times it was imagined that the insane would be better sheltered and cared for among their friends than among hired strangers or at a distance from home, and accordingly no public provision was made for their reception or treatment, and no legal interference was demanded, or would have been tolerated in what was strictly a domestic arrangement. But, as colonisation proceeded, and as bodies of citizens grouped themselves into distinct communities with independent constitution and. jurisdiction, and as scandals and rumours of negligence and oppression circulated abroad, usages grew up almost spontaneously, and enactments were framed in accordance with the spirit and

115-LVIII.

6

requirements of the people and the period, and hence were created the discrepancies and confusion which still obtain. Repeated efforts have been made to press upon the Government the expediency of a general law, but, until very lately, it is doubtful whether even those engaged in the execution of the law affecting lunatics in one State had a clear knowledge of what obtained in other members of the Union, and until 1871 no vidimus or collation was accessible of the agreement or disagreement among such provisions. In that year Dr. Ray produced his Synopsis of the Laws affecting the Confinement of Lunatics in certain States of the Union,' a most valuable contribution, but which does not serve to extricate altogether from the difficulties of the subject. We had attempted to tabulate the terms of admission, detention, guardianship, and discharge of patients throughout the States, but the result was too voluminous for our pages, and we are compelled to confine our abstracts to the most marked and momentous differences and peculiarities in thirty-five states, as compared with that of Maine, where the forms, though complicated, are more complete than elsewhere.

In Maine.-Insane minors sent to hospital by parents or guardians. In all other cases commitment by municipal authorities. There is an appeal to justices of peace. Insane prisoners committed by court to asylum, before trial, for observation. Discharged, if cured or inoffensive, by Judge of Probate, &c., on application and recognisances. Ordinary patients discharged after six months by municipal authorities. Guardians appointed by Judge of Probate.

In New Hampshire. -One medical certificate required. Dangerous patients committed by Judge of Probate, with intimations to Selectmen, &c. Paupers committed by overseers of the poor, or Court of Common Pleas. Discharges by trustees of asylum, or by justice of superior court, as they conceive expedient.

In Vermont.-Private patients confined on one medical certificate, by friends. Dangerous, convict, or criminal lunatics to be confined by court in common jail, hospital, or elsewhere, till cured.

In Massachusetts.-Two medical certificates required, with history of case and notice to mayor. Jury may be summoned by judge or alleged insane prisoners to be examined and certified by physician of jail and four medical superintendents. Lunatics supposed to be unjustly confined to be examined personally by three citizens.

In Rhode Island.-Patients confined on one medical certi

ficate by legal advisers, friends, &c.; if paupers, by municipal authorities.

In Connecticut.-One medical certificate necessary, but three assessors, one a lawyer, may be appointed. Commissions of inquiry may be granted, after six months, on application of respectable citizen or of officials of the asylum. Hospital autho

rities may discharge.

In New York.-Two medical certificates required, but furious persons confined by two justices until expiry of ten days. Jury may be summoned in alleged lunacy. Discharge and destination of criminal lunatics to be regulated by certificate of superintendent. Supreme Court has care of person and property of lunatic, but appoints Committees of person and property.

In New Jersey.-Medical certificate required in every case. In Delaware.-Trustee of poor required by Chancellor, &c., to place lunatics in confinement. Discharge by Court of Levy. In Maryland.-Pauper and dangerous lunatics confined by process before jury. Court may send criminal lunatics to almshouse or hospital.

In Columbia.-Secretary of Interior, on two medical certificates, may confine lunatic.

In Ohio.-Patients confined by complaints on oath, with medical certificate. Criminals sentenced to death may be pardoned by Governor.

In Indiana.-Lunacy tried by jury of six. On appeal to Common Pleas by jury of twelve. If sane, expenses fall on complainant.

In Illinois.-Lunatic confined by process before jury on two medical certificates.

In Michigan.-Probate Judge orders confinement of indigent lunatics on two medical certificates and other evidence. If grand jury reject indictment, lunatic may be either committed or discharged.

In Wisconsin.--Medical certifiers must belong to the same county and their respectability attested. All lunatics entitled to habeas corpus.

In Minnesota.-Private patients confined by relations on opinion of asylum superintendent, without medical certificate.

In Iowa.-Seclusion and all matters connected with insane determined by commission, one member being a physician.

In Kansas.-Temporary confinement by relatives, guardians, Probate Judge, who must comply with the deliverance of two consecutive juries.

In Nevada.-Lunatic tried before district judge and two

physicians. If curable, &c., handed over to the Secretary of State, who confirms.

In California.-Proceedings as in Nevada.

In Virginia.-Patients confined by unanimous vote of managers of asylum, or by trial before justice.

In West Virginia.-Patients confined by opinion of asylum superintendent and one director, or by Justice, who may, however, deliver accused to friends.

In Kentucky.-Jurisdiction over insane vested in Chancery and Circuit Court of respective counties, or any judicial functionaries.

In Tennessee.-Indigent lunatic committed by certificate of Justice and Physician. Asylum superintendent discharges if patient sane or otherwise unfit.

In North Carolina.—Same proceedings as in Virginia, but one medical witness necessary.

In South Carolina.-Incurable and harmless exempted from confinement by justices.

In Georgia.-Seclusion and appointment of committee by justices of inferior courts; same proceedings after relapse.

In Alabama.-Judge of Probate commits on medical testimony; jury optional.

In Mississippi.-Lunatics may be transferred from penitentiary to asylum on advice of physicians. Orphan's Court on application may summon jury and appoint guardian if insanity proved.

In Missouri.-Temporary confinement by friends until County Court declare insanity.

In Arkansas. Vide Kansas. Jury not obligatory.

In Louisiana.-Interdiction granted by judge of parish on personal inquisition and medical certificate. Curators to report to judge every three months.

In Texas.-Chief justice of county tries lunatic before jury of twelve men. Confinement on application by relation or guardian dated within two months.

In certain States no legal provision seems to exist.

No legal forms of certificate, &c., are prescribed, but are provided in several states, and express the opinion of the Physician, not the facts on which that opinion is founded.

In order to harmonise or amalgamate these divergent elements in the codes for the protection of the unsound, Dr. Ray has incorporated with his exposition the programme of a general law, now in force in Pennsylvania, for the consideration of the less favoured communities, and which embodies the following principles:

1st. That no insane person can be confined, whoever the

applicant may be, without the attested certificate of two medical men granted within one week.

2nd. Interception of letters by patients to counsel by medical superintendent punishable by fine of 100 dollars.

3rd. Habeas corpus granted by judge on application of respectable citizen.

4th. Criminal lunatic acquitted by jury, to be placed in asylum.

5th. Discharge of such lunatic to depend on evidence before judge if criminal act was the first committed; if second, and that homicidal, &c., to be detained until cure be proved.

6th. A commission, one member being a physician, may on evidence report to judge, who may confine.

7th. Judge may or may not order discharge on representation of loss of bodily or mental health of criminal lunatic.

8th. Discharge effected by responsible parties.

9th. Insufficiently supported insane patients may be placed in asylum by judge, he making responsible parties liable.

10th. Superintendents exempted from all responsibility if legal provisions be complied with.

On application of party interested, commission may be appointed and summon a jury of six or twelve to try a question of lunacy, and if approved to appoint guardians.

It would be unseemly and ungrateful to conclude this epitome of certain aspects of psychology on the other side of the Atlantic without tendering homage and acknowledgment to such honoured alienists as Jarvis, Ray, Kirkbride, Pliny Earle, Curwen, Gray, for the store of knowledge communicated in their works, for their life-long devotion to the progress of science, and for the noble example offered to the members of their speciality in all parts of the world, in their sympathy and exertions in alleviating the sufferings and sorrows of their fellow-men.

VI.-Weather and Mortality.1

As dwellers in the British islands, so proverbial for their very frequent and uncomfortable variations in meteorological conditions, we are by nature, or, speaking more scientifically, by evolutionary characteristics, most observant of and keenly

11. Journal of the Scottish Meteorological Society, July, 1874-October, 1875. a. The Influence of Weather on Mortality from different Diseases and at different Ages. (First paper.) By ALEXANDER BUCHAN, Meteorological Secretary, and Dr. ARTHUR MITCHELL, Chairman of the Medico-Climatological Committee. b. Report on the Mortality of the large Towns of the British Islands in relation to Weather. By A. BUCHAN.

« ПредыдущаяПродолжить »