New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-12-27
....,,o.n Legislation on Insaaity md 'ho
Insane, And a Preiec' 'cr n General
Law for Determining che Legal &sla-
,;op. Of the ansape-~IscPrinied fran ;he
American Journal Of Insanity.

n
sIR: The pamphlet which bears the above
M. the report Of committee appointed b. the
.ation Of Medical SuperntonGeuts Of American Instr
.-ton. for the Insane az is session in New York in
n,y. 1863 The report is signed by DR.. Isaac Rar, the
Superintendent OF the Batter Asylum at Providence.
2 L. who is no doubt It's author.
Ihavs DO design to go into general examination o.
,as pamphlet Coming from the it does, no one
,,a doubt that ii contains valuable matter And any
smsrks made upon It below must not be regarded as
upyng any want OF respect for Dr. Ray whose merits.
olth as writer insanity and the head Of as uu,
are u the highest order.
Iaagslsting on the subject Of l1nGcy, n number Of
different subjects demand attention. I propose TO
,Ier but one o. them. the commitment of alleged In
as.ies to insane hospitals by their friends.
While agree with DR.. Ray that IT is desirable TO
avoid al unnecessary publicity in sending the insane
ihsss places, cannot assent 20 his opinion that the
ecsts of any ply sciau should 10 sufficient
cor coosg niBg person 90 public private hospital
snce is the highest duty OF every State protect
che liberty Of its citizens would seem. where there
CIV danger Of unlawful Imprisonment ;hat government
s1cI to egislate 10 prevent IT, So that the only ques
boz to the necessity Of legislation in regard TO CON-
p,uent to insane establishments is Whether there is
=, Danger in the absence o: legislation. Of persons
r,hg improperly confined in them.
d. Raw thinks tie danger so slight that in the first
s,uOn of his proposed law be provides that Insane
..rsoas may be placed in hospital for the insane BY
tsrlegal guardians by their relatives friends in
.s,e they have guardians" lot the certificate
,i.physician being required preliminary. The
rt calls for the certificate of physician. while the
i,sf OF a statute omts II. He thinks II natural
,ht Of relatives and friends 10 deal thus with their
t,bands wives. children. parents and others and not
,1 on theoretical grounds asserts that there is little
reliability Of abuse o! tAis right but SAYS IN regard to
h tast the testimony Of our experience warrants us
q declaring In the most unqualified terms that the
s,tlcate Of physiciap land the application OF
a.. whose character and position furnish prcsu1ptve
s,o Of the correctness OF the TRANSACTION" suf
f,sot to prevent abuses He that Earl Skates
srry said in Parliament that he had never met with
.us o. the imprisonment Of sane man on the charge
| n insanity. he adds; and if We inquire o! those
sho have charge Of hospitals in this country whether.
.Ong the thousands Of patients that have passed
hair observation ley have met with such a case.
.ab 10. their testimony would be precisely similar"
T.s opinion OF Dr. Kay struck me with no little ss
tculshnuf and satisfied me Of thing at east-tEat
y. :apssinb.ndents OF inSane hospitals are us class
rssni1snty -Qualhed 70 eElsiate for the protection
/ Il persons alleged TO be insane.
To look at the matter the re'icay. Every one knows
IA. tbs most violent hatIe between persons tae
r closely connected and between whom tho warmest
Affection would b. usually expected. Do we not some
sae read of husbands numbering wives ard wives
sasbsDds parents children, and children parents
Again we know that the desire OF obtaining propert!
soueues leads 10 tie most arocious crimes. and that
gen robbery, forgery and even murder have been
sonsnes committed by eyrectant heirs 70 secure tho
,-v2erty Of their relatives Can doubt then. taai
ysH the feelings Interests OF men lead them to de-
gre the imprisonment OF others as insane. they VIII
saetnes adopt nnustihabe means to elect this otcti
an not going to repeat here the numerous and ap'
srsnty well suthenti, ated cases OF which have read
cd heard OF persons uuusy incarceTs'ed In private
ar5 public madhouses in Greet Britain France, and
q. country. Admit that in mary instances the com
ihining parties are rally Insane. Yet tier numbers
rd The general crcdencc g.yca them are Sufficient 70
aOE tat some legislation should lie ad,p;edh for NO
sher reason sti,y tae Pablo that personal liberty
1s proPsry protected
tank it better however. TO combat the opinion OF
Dr. Bay by the testimony Of Dr. Connolly. man of
great humanity who his for many years devoted him
s to the study Of 1slsity and TIE treatment Of the
highest. If rot the very highest. living authority on
f.ese subjects He 20 be sure. lives II England Tut
human nature is the sane there. And no crime
Il Known In England which is unpIactieed in these
United States
AM one reading Dr. Conoly's work on g The Irdica
sons Of Insanity" vii perceive that be is fnr from
believing that there danger 0: my ore's boias in
properly confined in Iaadaoase. tha. lie eaGeayoss to
/ lq .Oilc
tade 10 lis advice 10 physicians when called to give
certificate Of insanity. This viii appear clearly
Con few extracts:
4 "Noehing shows more s;rrngly the irDerious re-
oesIty u looking upon this SUBJECT iGan fact tASt
respectable men preCt chg IL tis department o. tie
[ Profession OF kneru Character and ieeunE, nave
become habit dated 10 prescribing OF aGthoTLr force
aad confinement IN cases ~ WIch Trey nave never con
ssssd with the patients, or nav even never seen ten
hOE many tineS sucl thugs have been cove DO not
egse1d 70 say Bat tie q of TIER f''s1t"y u qplie
It0.eld1de IL suspeUno Gang T over thr LCaO oI
1Tfy icl and is-.au Which TIE WicEcGess
relatives and tie s.!A,incss, Or indo!eace ~ tim
Niiy, Of any man who !s llrs u rac'iti"A-r may
" M tpOn hin, and Il ~ WhcA suie4y every ia ou-n'
" % secured" OPT. 80. .o3l
l. "Ilisuecessaly 10 hcT al the evidence when the
ase ia eoscare, with wise Suspicion HGt u TIE p!ac
egoler is caliei ugO1 4, sometimes happens d! me
rryIiei0rs o! uuaiic bcu.cs b. mus D. mrril o. tne
AMY circumstances watch Day have CCuCDrIod 10 de-
sge others and BIS which lie mast not sleF himself 70
The ratient should by all means hovc fair play
Are fhoud he no ttick. 10 delsol, DO Gr;fa excite
rtn or proyocatiou reception Of 81! kind pt upon
III. Pains are fen t.Acl ~ ttose Who Cre anxious
bt removal OF TIE Dtiyi ual o. MnuruC" TIE mode
e Introduction Of the practitioner aud TIC way 10
sach he speaks OF his parent auG tbeIr IS 10 occasion
aVhch he is called upon by ils dgty to exercise
snsuitOrlty. With what iwprCier motives medical
1sE are sometimes consulted ! Lave myself had some
opportunities Of knowing" Up. 365)
he then gives an account Of a case where he was
called rpon by woman visit lei husband in order 10
g., eeruhcate 70 send the poor man to lrnac asy
Tn lie had been several tines before confined 10y his