The Express.
London, England, 1862-03-25 00:00:00

THE EXPRESS, TUESDAY EVENING, MARCH 25, 1862.

IMPERIAL PARLIAMENT. )is made to a contniashm of lunacy, the issue anthoriepl V
the act t., he directed mid the verdict thereon, operating se
an in inisition, shell be deemed to be intended by ems
prehended in the reference.
The remaining clauses were agreed
to, and the hoses
nosed.
The bill was reported with amendments, awl ordered
be read a third time on Thuniday.
Their lordships adioarned at 20 minutes to 9 o'clock.

IIOI'SE OF LORDILMONDAT, Moen 24.
The I,ra Chaacellar, ibis Doke el Argyll. sad aka Earl of St.
Cerouoc attended so ocwasaisiosars. sadagaided
asarnt to the ossolidated nod (18,000,0000 Bill and the
r
Exat,-quer Bills Bill
The Lona CIUNCILLIOII Wok his Nti on the woolsack at
b o'ekck.

PRIVATE BUSINESS.
The Caterham Waterworks Ball sad the Great Britaie
Mutual Life AssursoceCompaay's Bill were reeds third time

and paned.
PETITIONS.
A great number of petitions against the revised code al
sualitied were preeentoil by the Marquis of Exeter, Earl De
Grey. lord Wiper, Lord Egerton of Tattoo, Lord Rolm-
gale (for Lord Barenesrorthl, the FArl of :Shrewsbury, Lord
Bt. Leonard.., I,onl Chelmsford, and the Bishop of Here-
ford. Lonl Egerton also presented • petition against the
tuiconditioaal surrender of church rates.

POLAND.
At the request el LORI
Tn, tArl of CARNARVON postponed Ms .question on
the subjst t of Pobiad till to-morrow (this) evening.

INDIA STOCKS TILetNINLII BILL.
This bill eras read • t time sad pissed.

THE LUNACY BILL
Their lordships went into esmenittee on this bill.

Clauses I and 2 were agreed to.
tin clause 1, which provided that no evidence as to the
conduct of an alleged lunatic should extend beyond two
yeas before the issuing of a commission, and that the mere
opinion of a medical man should mit be received as evidence
of insanity.
Lord CHELMSFORD objected to the provisions, con•
tending that the present law enabled the Lord Chancellor
to limit the period of an inquiry, while if it was made iin-
porotivo it might often work hardship and injustice. He
moved the omission of the clause.
The WED CHANCELLOR believed that the clause he

proposed was absolutely requisite to bring beck the course
of procedure in these cases to the rule and standard of
rearm and common sense. He admitted that in addition to
the necessity of bringing the bill before parliament for the
other purposes for which it was proposed to provide, his
lineation had been most thoroughly arrested by the proceed-
lags is • recent triaL He bad, however, been exceedingly
cautious not to harry legislation under the pressure of a
particular instance, and had been careful to examine
ether *lanes of that kind, far the pumas of
eliciting what were the defects of which such
just complaint was made. He detected two evils and two
aeomalies, one of which was that there was so limit to the en-
quiries in a question of inanity, so that when the plat was
whether the unfortouate subject of the inquiry wee inane
at some particular tisk the evidence might go beck to what
he said mad did many yews before, sad so men could pos.
'Ably be prepared to meet testimony Ono with Maid to
something in Ms conduit twisty years Were that woe ex-
traordinary or eccentric. (Hear, hear.) He bed examined
the farts in the trial to which he lad already riderred. and
he found that the first WOMB examiaed, a esatisman of eon.
siilerable *reamer* is his profeenkm. was examined aa to
when he became acquainted with the alleged Mastic, to which
he replied, - I knew him when be was four years of age."
The witness was next staked what be observed at that time,
and he said, " My opinion was that he waa of infirm mental
orguaisatiou —congenital," aid he cad the following ex-
premien. "He had always 'widest* of congenital mischief,
such se 1 should have expected to ripe' tato ',Macy in after
ega." They were told what was the mead condition of
the bey el low years ill sad they bed tie speculative
oemitedsa of the &ear (Hear, bear.) The shape
of the hay's had d fleesysan of age we actually gravely
Whoa as a legitimate le item of what his mated sate
woe whoa haw 611 paw of age, and • surgical judgment
was wind M been the bet that the forehead to infancy
was wit to dee peepewlien to the hack part of the had.
This She Wham we aced, "Have you had much expert.
INNS WWII MUM= OW rims whams minds are sot sound
with peon to their Mesh*? Have you bemoan laughing
so ae to Town a jedgessetr The answer was, " I Wow •
laugh that is the of ma Mihail, from the laugh
of those who an sot so." He (the Lord
ettatioslibel thee& be had detected great ergs be the pre-
sent "Y•Tow, ens with regard to the =lest of the
evidence, aid it wee that be natured to lay
down rules that shush yews these inquiries aid bring
them mom welds the limits el mad wan He did not
west to exclude sesecel teAlmespe MA to wales all the
testae:toy received widens* et fade and net speeristioss.
He did not went to ached* the oddments of what the me-
dical man saw, bat to seclude all the evidence which cos-
seted in mere enculatioe. is fancies, and in WI. theories
Inn instance, was it as aplaicsa ar was it a feet that the boy
referred to in the evidence he bed quoted bad got • bead
which, accenting to the umasaremeat as gives by medical
sato, was 24 labels round, while the standard of sa-
nity would require only V Meier wound' They wanted
in every inquiry of this kind a moral conclusion—they
did not oat to ascertain whither the dames) waa Maine
monomania, dementia, &mettle, or any other of the hundred
and one designations in the vocabulary of hasaity. The
law made the judges in these eases a jury of mesa of ordi-
nary understanding, end it was their duty te take the taste
and draw their own cooclusirms, and their good sore was
manifested in the Wiodhans are is quedieas peel to two
physicians. One gaieties pot WY cot this seders : " Yea
concur witteme that is ratters of this deariptioa it is a
matter of evidence and a gaieties of degree." The answer
being in the affirmative, the (motion was followed up with
the other. - Then are sot expesiimeed laymen as competent
to firm as conclusive sad satiefactary an opinion upon this
subject as any medical godliness I" The answer was. " I
think that a came like this speaks for itself. I think any
man of the world would be quite as competent as
myself to come to a right conclusion, having all
the fact, of the ma before him." (Hear, hear.)
If the idly si,:ian took this and that fast and founded his own
couclusiou upon them. it was • work of supererogation,
because it WWI the business of the jury to draw the con-
elusion for themselves. (Hear, hear.) He quite admitted
that medical witnesses might be more accurate and acute
observer" Hutu others, but be wanted to prevent them
telling the court, without the evidence upon which their
conclusion was founded, that their opinion was that the
man had a diseased brain, and that a diseased brain ac-
counted for this fact, and that therefore the man was mad.
In that case the conclusion that the brain was diseased was
arrived et by the medial man from particular grounds
known on,y to himself, upon which the jury could not
judge, and for which there was no satisfactory standard
• laid down by the expert. themselves sou to secure unani-
mity of opMion. They had got in the law terms to which
certain ideas and certain conclusions were attached, but from
porticaLir terms in the:medical vocabulary different setae&
were entertained and different coaclusioos derived. In one
case recorded, half the medial witnesses bleated that there
was no limacy, because m their minds they always attached
to homey the existence of delusions, and in that case they
found teem Half a-doyen other professional gentlemen, how-
ever, iegsrdcl lunacy as incapacity of the persons to manage
themselves or their affairs, and they pee as their opinion
that it was • clear case of lunacy. An illustrating another
part of his measure, the noble and learned lord mentioned
that in en inquiry which bated five days, and of which the
expense was :1,452f., the result was that the commissioner
and the jury went to 009 the alleged lunatic at the end of
the in cry, were with him au hour, and came out at woe
with the concluxims that it was a clear case of insanity. In
another sae, half • doses medical witnesses went to see the
subject of the inquiry, ad the evidence given by one was
that the decoy of mental power might be set down se part
due to nianis and part to paralysis ; and that if the paralysis
had °rearrest without roasia,themobability was that he should
have fouiet her mind in • state of decay without delusions.
The doctor adduced as proof of the patient's insanity that
she could not tell him how much 1001. • year was • week.
But no erns-examination the counsel asked him, in his turn,
if be cord.' tell, and the learned doctor was observed to
hesitate Oast the counsel, " Don't be nervous, how much
is it :" ta(l the doctor, " I decline to state." Said the
mussel. " le it that you will not, or that you cannot tall r
Sad the data " I decline to answer." (Laughter.)
Nevertheless this medical gentleman covered his retreat
with &cloud of " miequipedatia verbs," and said, " I should
all the case • mixture of chromic mania and dementia, or,
speaking in popular laccuage. • mixture of fatuity and
mania ILI a mind which had previously been soma'
b(laughter.) This was the way in which these inquiries had
ebven abuod, until the very idea of amad doctor's examination
had become a by-wool.
The Earl of SHAFTESBURY agreed that it wee both
cruel and neje*t to ramble over • ma's past life when the
sole piestiou wee whether or not he was mail at the pre.
ant tin.... In fact, if that course were adopted, he scarcely
knew • person to whom such • collection of strange and
violet se,.le nal acts might not be attributed as would
justify his detention in an asylum. He watered he
had been very much astonished to hear the ob-
arnitions of the noble and learned lord (Lord eranworth),
for the law already required in the certificate a recital of
acts which had to he observed by the medical men them-
selves. Formerly a ;enteral expression of belief in the per.
son's insanity was suflicieut, met he hail knee. • lady con-
areal to an asylum on a certificate which actually ran as
follows : "She has certain impressioas with respect to our.
Min person, which are not accurate or true." Since them
an act- amid a most 'imagery act it wan —bad been pampa
termini' the elation of facts observed by the two ewe.
twilit doctors themselves before a person could be d►
rived of his liberty ; and he thought that the Man Mb
ought to be Masted upon before they allowed him to be
deprived of the management of his affairs.. (Hear, hear.)
Leal CHAN WORTH agreed that the legislature had
very proporluhroxsited the certifying medical men to
detail facts br themselves, in a oettificato oci which
alooe, *about soy public inquiry. it was proomed to con.
fins a person is se asylum ; but he believed that this was
the krit instance who evarmos which, ex hypothesi,
was material to enable the jury to coins to correct con-
clusion., wu aught to be ezeiadeilley law
The committee then divided :
For the clause
.tgaiost it 25-12
The i.boss was accordingly flilliaa
I Ulan. Sad 6 WON WWI Nis sail We sear aims
were inserted—sae 411sestias legoldiss Was wiry as be
made ler mane el as ism Ss OW of the as& et
common law, sad the other direct rag thst say sal
igEYel parliament. wider, rule of rout, or tie allkidlia

HOUSE 07 00111110203.-.—MONDAT, MARCH 24.
The &saw took the chair at 4 o'clock.
ROYAL COMMIPEJON.
The Speaker was rununoiied to the House of Lords to
ham the royal assent given by commission to several bills
(see Lords' report).
PRIVATE BUSINESS.
The following bills were recta third time :—Bollington
p l re.......LAtbnry) lin t and Lighting, Bridport Rced
District), Fariegdon Railway, Folkestone to Bar-
Craliowns Road, London and Blackwell Railway, Norwich
Corporation, Rom 'Tuneptke Trust, and Wycombe Railway.
THE LONGFORD ELECTION.
The Emma' announced that a petition had been pre-
sented against the return of Major O'Reilly for the (*linty
of Longford.
THE RMISED CODE OF EDUCATION.
Mr. E BAINES gave notice that when the house went
into committee on the resolutions to be moved by the right
hoe. gentleman the member for Cambridge (Mr.
Walpole), on the subject of education, he would
move the following resolution : " That, in order
to prevent unuecessary acid undue expenditure of
the public money, it is expedient that the managers of
schools, before receiving capitation money from the Com-
mittee of the Privy Council on Education, shall declare
their belief that the circumstances of the parents whom
children attend the schools are such as to require public
easistance for the education of their children ; and that the
district in which the school is situated is such that it could
not be maintained without *mistimes from the public puree ;
and that it was unnecessary and inexpedient to grant public
money for the support of evening sabots. inasmuch as the
youth attending them were generally in the receipt of
wages, and were able to pay the expenses consequent upon
such instruction."
THE INTERNATIONAL EXHIBITION.
Lord B. MONTAGU asked the Possetary to the
Treseery whether the Possolies migmatite, had nails-
taken to act se moats la the laterastisaal Itabdisitlea for
sertain railway oassaandos for the issue ol liskele, for-
warding weds sad advising applicant. as to the mates
to be takes, sad whether this hod bus dome aadsr the
suction of the Treasury.
Yr. PEEL said that it was in ocaleseplatioa to have an
dice la the UMW= with raisname to the mesas of
trash between this sawstry and ...nigh abroad. bat that
thst ties was net ia oweaostisa with the l'oatoillos There
bad act hem say eaniegamisaes ea the subject with the
rinsing, ear was it eastaapinted by them to direct the
_mention of say sub Mao.
THE BANKRUPTCY LAW.
. . ..

Mr. VANCE whit the MbeatepOwletbalite ve.
the !Mention der peeiremint to teheiese=emmie
to alter or amend the likinkreptey Bill ef bet
The ATTORNEY-GENERAL said it tree let the istore.
tined her Majesty's government to ieteednie eey
mama as that refined to by the hon. gentlemem. Tale
NMI digefillise whisk had bees amicenteseilla dm
4 the bill of lost woke MON hem the isersehr =
use of three al the lye London • mem
weld be shortly hid wpm the table by which
it would appear that me of Nose eantlemea attended
may 13 WOO mime the 11th cif Ostober, sad that
the two inhere allesmihd 661 y twist • week,
rod that fir very sheet pagoda Them bad lam
aim same imicevaiense sweerienrel her the went
of a enfilcieet TWOR at regleimen. Diesetins had how-
ever been gives der the eameellen ef these erns, and ales
with rawest to the etterilanee el the cremmireionem. It
we hoped that thane beirsetione would have the Niel
=et if they did not, imioubtedly • bill woeld
in the preen& session oe the subject. He mil
imedien that the meeker ad petite= in bankruptcy WO
Nee the 11th of OMNI, one fleet threbat eto four titier ne
gems es far the eereespeeiNag ported of year.
MOIR FOB TUB sicrwrioN OF BILIGB.ANTIL
Mr. aid the Deem flemetary Ice the
Cobden whether be bed eray ebleelin to died the
aremniarserma impart epee the scream, el
depot@ is the pert,l Leeme. Idesepeztat
eisewhme, lose themeepthe of embpasis ewelitileg
Mr. FORTE CUB mid last If theft.,qre woad
to
ethers • lager the OcheiNellinit Mee Weir
mhos be required. the Web dise ell el that dr
=awould direst the flea eamminieneen
iit, aid it could the be Lid ape the table el the
beemte.
CAPTURE OF THE LAMUAN.
Mr. GREGORY asked the UnderNmetary of State lee
Foreign Affairs whether the attention of the government
lad been called to the eapeNed cepture in the Mexican
waters of the British memilfeirma, laden with cotton,
by sendoff id the Unilltske.
N• te gosh; Mood, I beg to
Nat dm a government has
been 1116141 118 se weed oared the Labe=
in Ye MI II likiltag" The abeenetarieee ol the saw
lees bee berwelbleweibm re meths of Lord Lyons, who
mak • segemeNeillen leaalleward me the subject. I am
mak at present le dale Nene which will be taken in
the matter, but Imy WA the government tor
alined it right to order • Nod el war to premed to the
ClMatamoros for the meet of defeedieg British la-
thers. (Hear, hear.)
THE POOR RELIEF (IRELAND) (No. 2) BILL.
On the motion that the house do go into committee on
this bill, petitions were presented by Mr. Maguire,
Colonel Grindle, Mr. Make, Mr. Heady, Mr. 'Ahoy, Mr.
Leader, Mr. Maini, Mr. Cakisti, and the O'Cooor Don,
praying for attentions in the Poor-law of Ireland.
Mr. GREGORY said he wished to take that opportunity
of bringing under the consideration of the right hon.
baronet the Secretary for Ireland • matter of °ponderable
importance as regarded the administration of the Irish
Poor-law. Amosq the large attendance of Irish members
wally had been chairmen and members of boards of guardians,
and it would no doubt appear to them that the mointeinnos
of it central authority was of the utmost importance to the
proper carrying out of the law. If that was so it would be
their duty to remove everything which might bring the
board into mgt t with the people out of the way.
He was sorry to tmeiMt there was one muse of dissatiditc-
lion existing, and that wee the constant dismissal of Boman
catholic chspides from workhouses. Perhaps in some
eases the sennaissimers were right and the chaplains
wrong, but on the other hand there was one case last minion
is which the 110111,1110 was true. His object was to remove
this menu cif dheatidaction, and then the working of the
per law weal be Isere smooth and harmonious, and thee
ahem. add be made without any sacrifice of principle.
Wirt he wadi peepote was, that upon all occasions
where it might be build teresssery to remonstrate or dis-
miss • Immo Win& &aphis there should is the first
instates' be • mumnsicatiosi with the spiritual authority
by whom the impish: had been appointed. For every.
body hew that se chaplain could hold the office without
the genetics d hie spiritual superior, and the bishop had
always to be applied to to appoint • proper person. There-
fore. all he wise was NA lir party who appointed
should is the first indorse be relined to, and previously
to the dismissal of the chaplain. If this proposition
should be adopted, they would remove one source of
disagreement in the proper working of the poor-law in
Irelacel. (Hear, hear.)
Mr. OSBORNE complained of the constitution of the
Poor-law Connuiesion. The grmt proportion of the persons
requiring poordaw relief in Ireland were Roman catholics,
whereas the members of the board were all protestants.
Sir R. PEEL, in replying to objectors, said he had never
found say of that great dissatisfaction which Mr. Gre-
gory supposed to exist on the score of the removal of
Roman catholic chaplains without the authority of their
bishop. If the commissioners acted (as they did) towards
Roman catholic chaplains in the lame manner as towards
protestant chaplains, he did not understand the force of
Mr. Gregory's objection, and could not accede to his pro-
posal. With regard to the constitution of the poor-law
board, it wee true that them was oo Roman catholic emu-
minimer urea it, but the members of the board were
selected for their quidifi.utions and fitness, without refer-
ence to their creed, and he thought it would be most
injudicious to import sectarian differences into the adminis-
tration of the law. He was sure that the commissioner',
whether Roman catholic or protestant, would exercise
their functions with the strictest impartiality.
This preliminary diaeusaion continued for some time,
chiefly with reference to these two matters. Upon its ter-
mination, the house went into committee upon the bill, and
the chasm up to the flub were agreed to, alter much debate
and milli. amendment..
The Cliairtuan woe then ordered to !sport Preirts•
The College of Physicians (Irelaad) Bill was read a wand
time.
The Pier and Harbour Act Amendment Bill aid the In-
dustrial Schools Acts Amendment Bill pined through the
committee.

THE MUTINY BILL.
The house went into committee OD this bill.
Clau.es to 21 were agreed to.
On clause t 2.
Mr. WHITE said that flossing in the army bad lately,
be we happy to nay, very greatly deoreased. Is the year
1960, in 40 infantry regiments there were 96 men Roped ;
in the cavalry in 28 regiments 29 men flogged ; is the Royal
Artillery 41 men flogged, and in the Royal Engineers am
man only was flogged; in the military train 12 .an, told
for 1860, 179. In 1848, there was no
in 65 regiment. ; in 1859, no Bogging Iw
regiments ; rn 1860. no flogging in 19 regimes&
Believing Litt dogging wadi detrimental to the preilies el
the army and degrading to the national character, he
morel the omission of the 22n. d clams' which anther/Usti
the infliction of that species of punishment.
Sir G. C. LEWlSsaid that in 1860 the number a act
Op was 912, and in 1861 only 179. That 01/111P sus
swing to the general order Owned in November, LI" es
diet of which was that persons entering thearmy Wee
swot from Bogging until they lad be te
e Ind laaa Tbat ileum, be thought, should mesive a fair
kill, and be thereon, supported the caws,