The Sun.
London, England, 1849-08-25 00:00:00

Obienintt "4
AIM

LONDON, SATURDAY, AUGUST 25, 1849.

Victory, which has hitherto followed the banners
of the Hungarians, has, it seems, for the moment,
deserted them. GEORGEY, whose proclamation of
victory, sublime in its simple brevity, has resounded
throughout Europe, has, for the moment, been com-
pelled -to lay down his arms. Such is the fortune
of war. It is needless to say that we are grieved,
inexpressibly grieved by this intelligence, for we
have rejoiced in believing that the good fortune of
the Hungarians was equal to the goodness of their
cause. Nevertheless, confident in the righteousness
of that cause, defeat renders us in no wise despairing
or desponding :
" Freedom's battle once begun,
Entailed from bleeding sire to snn,
Though baffled oft is ever won."

And the Hungarians will win ultimately. Such a
cause is never rendered desperate, save by the short-
comings of its defenders. The Hungarian chiefs have
hitherto proved themselves worthy of their cause and
their position. Let them only remain firm. The
prayers and the heart's best wishes of England are
with them ; and more than that, Lord PALMERSTON
has publicly espouied their cause. To him Hungary
now looks with hope, and England with confidence.
The English people have identified themselves with
the cause of Hungarian independence. How, then, can
the success of that cause be a matter of doubt ? The
sympathy of the English people for the Hungarians, as
daily testified by crowded and unanimous meetings in
all parts of the kingdom, has entirely fulfilled our anti-
cipations. Independently of its individual value—
apart from the effective influence which such signi-
ficant demonstrations cannot but exercise on European
affairs—there i 4 in this enthusiastic expression of
public opinion something highly characteristic of the
times we live in. Imagine the possibility of such
doings some centuries back ! Imagine the people of
even this country assembling to declare their sym-
pathy with the " rebellious" struggles of another
people ! In former times that effective watchword of
cunning tyranny, " Diviser pour regner," was prac-
tically if not intentionally adopted universally. The
people of the various European nations never came in
contact then, save only
" As ardent warriors meet with hateful eyes."

In those favoured times there was no " dependence
on foreigners." Now, however, "noun avons change
tout cela," civilization and commerce aivancing hand-
in-hand, have proclaimed the common brotherhood of
the human race. A wrong committed in Hungary
now thrills through the heart of England. The
names of BEM and GEORG EY are familiar
with us as household words, their victories
over their oppressors are to the people of this
country a source of more than personal satisfaction.
Is it, then, a visionary belief that the hours of
tyranny are numbered when the hearts of nations are
thus unanimous and resolved ? Public opinion is now
a recognised power. Dr. VAUGHAN, in the eloquent
speech which he delivered the other day at Manches-
ter, and to which we have already alluded, spoke
thus truthfully of the might of public opi-
nion —" It is a power of its own order—it
is without armies—it is without constables—it is
without authorities of any artificial kind, and
yet its very breath is law—its very look is penalty—
the weakest apparently of all powers, it is by GOD'S
Providence the mightiest of all." This mighty influ-
ence of public opinion, which is one of the chief
glories of modern times, is mainly indebted to the
invention of GUTTEMBURG for its efficacy, if not for
its very existence. 'Without the Press, how could
public opinion make itself known? Without a free
Press, its efficiency would be weakness and its power
l'thchime P
chimera. If the hearts of nations beat in sympathy,
to
is the voice which proclaims their senti-
mentsoth the W world.
as such E are the mouthpiece of the Peo-
ple ;we ourselves have again End again indig-
nantly denounced Austrian and Russian usurpation, and
outrage; as such we have again
and
of the English nation foragainproclaimedLet
the heroic
Hungarians. Have we spoken truly? the
aulaml,slseot
readily contributed to the Hungarlan Lt
Test
the public meetings of daily occurrence, answer.mn But
is it, can it be a matter of wonder that Englishmen
should sympathise with a people struggling for their
rights and their very existence ? Is it in any way
surprising that the people of this country, who have
themselves bought their own independence by days of
deathful battle and years of unceasing exertions—is
it strange that the people of free England should feel
their breasts burn exultingly at the tale of similar
struggles f r similar rights by a noble and outraged
people ? No; English sympathy for independence in
Hungary, and everywhere else, is as natural as it is
heartfelt, as real as it is enthusiastic. That sympathy

so cordially granted to suffering and struggling Hun-
gary will, we confidently believe, ere long be proudly
claimed by, and joyfully yielded to, Hungary trium-
phEnt and inderendent !

The inquiry into the state of mind of Mr. EDWARD
VICARS, under the commission of lunacy recently
issued by the Lord Chancellor, has been brought to a
conclusion. After a patient investigaoon, continued
during two successive days, and after hearing all the
evidence that could be raked up in support of the
commission, a highly respectable and intelligent jury
returned a verdict of the perfect sanity of the alleged
lunatic. This verdict was given without the slightest
hesitation, and even without calling upon the able
counsel for the party to enter upon his defence. But
they had heard the close and searching examination
to which Mr. VICARS was subjected; they listened
to his clear and satisfactory answers and explanations,
they witnessed his calm deportment, and no further
doubt could remain upon their minds. The person
who had been so long and so unjustly incarcerated is
restored to the rights and privileges of a British subject,
to the perfect control and management of his person
and property. This is, indeed, an important decision
—a decision that must exercise a material influence
on the public mind, and lead to a speedy reform of
the law of lunacy. A stronger illustra•ion could not
possibly have been afforded of the iniquity of the
existing law—a law that has been so frequently and
so fearfully abused—that renders the boasted liberty
of the subject an empty sound—that enables any
two medical practitioners to sign a lettre de cachet,
and to consign any of their fellow-citizens to the
gloomy cells of a lunatic asylum without any oppor-
tunity being afforded of defending himself, or of
calling upon his friends and neighbours to offer their
testimony as to his perfect capacity for business and
competency to manage his own affairs.
Mr. VICARS had, it appears, while carrying on his
business as a wine and spirit merchant, in partnership
with his brother, been in the habit of drinking
rather too freely. He had been extremely an-
noyed at the conduct of his wife, which
perhaps led to the over-indulgence that terminated in
an attack of delirium tremens. He had also formed
some extraordinary notions on the subject of food and
electricity. This was quite sufficient for the parties
interested; two "skilful persons" were easily found
to certify as to his delusions ; he was dragged from
his home in the month of February, 1847, and car-
ried to Walton House Asylum, where he remained
for twenty months, notwithstanding his repeated pro-
tests and reiterated applications for his liberation, and
where, in all human probability, he would have lin-
gered out the remainder of his days, as thousands of
sane men have done in similar establishments, had he
not been providentially enabled to effect his escape in
the month of October, 1848. In the interval his fur-
niture and property were sold by the direction of his
brother and partner, and an account of the proceeds
of the-sUle was positively refused, the party applied to
stating that he was indemnified.from the consequences
of such refusal by Mr. Al. VICARS. A friend who
had manifested a kind interest in procuring the libe•
ration, of the aggrieved party, was compelled to pay
up a sum of 5001., which he owed to the firm, in
consequence of his interference; or, to use Mr. M.
VICARS' own words, " the part which Mr. BIRCHE'
NOFF had taken, in endeavouring to release his
brother from the lunatic asylum, had hastened on the
demand for the repayment of that sum." While these
who assisted the alleged lunatic were thus persecuted,
his brother absolutely refused to advance him any
money, even from his own property, to oppose the
commission, although, as it appeared from his
own evidence, supplying the petitioner with funds
for the purpose of establishing the insanity. Had
it nut been for the disinterested exertions of
the Alleged Lunatics' Friend Society, and of
their able solicitor, who obtained an order from
the Lord Chancellor, that 2001. should be advanced
to prepare the defence, the unfortunate gentleman
would have been left without professional assistance
to contend single-handed against the phalanx of
counsel arrayed against him.

It was true that Mr. VICARS had been examined
during his confinement. Dr. Fonsinv, who "had
been a visitor with magistrates to lunatic asylums for
thirteen years," had examined the case on each of his
quarterly visits, and twice at the rtquest of Dr
LICHFIELD, and "satisfied himself that Mr. VICARS
was not in a state of mind to manage his own affairs ;
that he laboured under great delusions, and was not
fit to be at large, and signed a certificate, with Mr.
CHURTON, to that effect." But, unfortunately for the
value of the testimony of the learned "visitor for
thirteen years," he acknowledged that " the maximum
time they (i.e., the magistrates and himself) took upon
each visit to examine the case was five minutes ;" that
" he did not test Mr. VICARS on the ordinary affairs
of life, or on money matters ;" that " he thought
him competent after conversing with him upon all
subjects but food ;" and, on being further pressed, he
admitted that Mr. VICARS "might be fit to be at
large, but not to manage his affairs." Here, then, a
direct proof is afforded of what we have so fre-
quently asserted, the utter inefficacy of the flying
visits paid to asylums as a protection to those un-
justly incarcerated. Even when the attention is spe-
cially directed to a particular case, five minutes is the
maximum time allowed for the examination, there is
no testing on the ordinary affairs of life, or on money
matters. The report of the proprietor is taken, and
if the slightest eccentricity can be detected, a certi-
ficate is signed that the party " labours under great
delusions, and is not fit to be at large," although
subsequently it appears that he " may be fit to be at
large," although not to be entrusted with the ma-
nagement of his affairs.
The evidence of Dr. SOUTHEY was, perhaps, the
most important of all. He had examined Mr. Vicaas
twice, and on the first occasion " saw nothing to lead
him to suppose his mind was unsound. On the second
interview he touched upon the paints on which Mr.
VICARS was said to have delusions, and he appeared
to have curious notions of the power of electricity,
He also said that lunatic asylums were fitted up with
batteries, and that he had himself felt the effect of
them. This (the witness considered) was a delusion;
but upon all other points he remained rational and
' well." In reference to the extraordinary opinions
respecting electricity, which were so strongly relied on
in support of the commission, and which Mr.
M. VICARS, in his evidence, stated to be " that
people could be made mad by electricity ; that they
could converse by it at any distance, and that by
it he had heard voices from heaven," (Quere, the
electric telegraph and thunder), Dr. SOUTHEY
declared "that there was much yet to be discovered
with respect to electricity; and it was not surprising
that a partially educated man should have exaggerated
notions of it." The Learned Doctor also added
" that upon all ordinary cases he believed Mr. E.
VICARS was sane, and it was his impression that it
would be cruel to confine him. He thought it would
be hard to deprive him of his civil rights. He also
thought that he was fit to be a free agent in the dis
posed of his property and his person, and the manage-
ment of his affairs, and that he would not think himself
jz.stified in giving a certificate that would confine
Mr. VICARS in a lunatic asylum." Upon this
evidence the verdict was immediately given that
restored Mr. VICARS to perfect freedom, but which
could not recompense him for the unnecessary suffer-
ings he had undergone during his protracted im-
prisonment, nor fur the sale of his furniture and
effects. We trust that Dr. SOUTHEY will not forget
the important and constitutional principle he enun-
ciated in the present case in others that chance to be
within the jurisdiction of the Court of Chancery. We
would venture to remind him that in Mr. DYCE
SOMBRE'S case he certified that " he was bound to
admit that he could not elicit any positive delusions
under which Mr. DYCE SOMBRE laboured, though,
at the same time, he regretted to add, that he could
feel no confidence that he was entirely free from
such delusions," and that, "so far as respected the
management of property, he entertained no doubt of
his competency to take care of it." Did Dr. SOUTIIEY
think it, therefore, hard to deprive Mr. D YCE SOMBRE
of hit civil rights," or " believe that he was fit to be
a free agent in the disposal of his property and his
person, and
su
eh the w a
s managementnot
the of
cahsis,.
Dr.
affairs ?"s 0 Unfor-
tunatelynTHzy,s
report, although opposed by the affidavits of six
professional gentlemen eminently distinguished for
their skill and experience in the treatment of cerebral
diseases, prevented the emancipation of
SOMBRE, although, from the result of the M
presentcase,r. DYCE.
there can be no doubt that if the opinion
n of a jury

were taken on his case also, it would be delivered
without hesitation in favour of his sanity. Why
should that inquiry be any longer refused? Mr.
SOMBRE courts it. There can be little doubt as to
the result, and yet he is kept an exile from
England, unable to reside in the home of his adop-
tion without being liable at any moment to be
seized and placed in strict confinement; and, although
a handsome allowance is made for his support, he is
not permitted to manage his person or property as he
deems most expedient; and, above all, he is still ex-
posed to the degradation of being considered a lunatic,
of unsound mind, incompetent to take care of himself.
This is not right or proper, just or equitable, and we
trust an adequate remedy may speedily be afforded.