New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1864-12-27

Wbile as already remarked, agree with pr. Ray
TIA, oil unnecessary publicity in regard to the commit
men, Of he insane IS 10 be avoided cannot bat think
r different safeguards for portOna freedom should be
required than now exist
The certificate Of no physican however respectable
selected by person WHO may have q strong desire 70
imprison another ought TO be sufficient warrant
for combining him The decision which Is to deprive a
man OF his liberty for years for fe ought never to
be made except by one who entirely ndependen. and
disntere5tod Tie legislation which think desirable
is therefore very different from that proposed by Dr.
Roy.
woad have everywhere commissioners OF insanity:
and TO orc should except Of sudden emergency
be consigned to any lanatic establishment. except by
the separate certificates Of two commisslouers Of
whom only should be a physician. Tie examination
would usually be private al the p.tient5 residence.
The certificates should state the Kind and degree of
insanity, what the commissioners which showed H.
sanity and what they heard from others end also state
that II rendered the patients confinement necessary.
either to prevent danger to the person or property Of
himself or others. or to promote cure.
TIE fees of tic commissioners shoud be regulated BY
statate be very moderate and be paid by tie public
treasury in case Of poverty. The fee should be the
/; Of Sudden aud violent attacks patient might
be sent to hospital merely on the certificate OF ii
physician. But then he should be examined by the
commissioners within forty-eight hours of his commit
nen and Eop; in custody discharged according to
their opinion.
The great majority OF patients sent to una,io es.ab
lishmcnts are doubt obviously insane. Yet As the
questions whether mans mind be really disorlercd.
and 80 vlCthpr kis In eup Ia
constantly erisnr, it is MI important that these ones
tons should DO submitted 10 the decision OF competent
independent and impartial tribunal
i would not allow any one connected with nathouse
to be commissioner. Such persons prohibited from
giving certificates in England. The vhy they
should not act 40 commissioners are manifest These
people accustomed to seeing patients confined IN
hospitals that they do not regard Imprisonment with
much horror others do. Besides which they
liable TO apply such delicate tess Of insanity that the
suits 10 satisfy the minds OF those who not
pcIts require the certificate 70 allie re not merely IT,
sanity bat the necessity Of confinement and other de-
tolls. The particulars required VIII render careless or
unfair certificates less frequent.
The subject ofipsony in al its legal relations is
very wide one rot vet mastered either by judges OF
physicians have confined myself to single yet very
important branch Of it.
To show how the opinio ns Of very human man, for
we believe DR.. Ray to DO such. may be warped by Lis
position, I quote Postage from his pamphlet
Now, TIE OILY question as to which the public he's
an norslifed right TO be satisfied is whet er or not
such tersors are really insane when pronounced by
potent authority TO re insane the disposal OF the
pGteu, becomes question Of exvedieucy f. oe decided
hy on intelligent appreciation OF The interests Of al PAR
ties. For instance woman who might be endured IN
family composed ofOny two or ;Areo diacrect hieG
p.3c adults, would be iH:oirraOie II Surrounded %!
children whose temper and conduct might he se1lUrs'
dam aged bv familiar intercourse with hcr by those
to whom the example OF mental disorder becomes ~
force OF sympathy source Of danger. Besides, le; II
he consdcTed tdat when such persons have no leEaI
claims tie care anf attention OF ffloIds the
public have no rirni to complain II different KIND OF
and protect on is provided And also De- con
sd,rc that the fact tat the friends send ewAy the pc
tent shows that tlcy are unable Or IN" lung 10 retain
him; and in tiat case. II can handy be Questioned
whether the kind ard skui service u the hospital y
no; preferable the whole. 10 that wch Is ooidy AM
&C reessy rendered at home.
again. there arr patients in whom the manifesto.
tons are not very deInonsTaiye or are such as may
pass FOR cccentrcity or strong PECULIARLY. placed In
hospital there Nill always lie mans 70 cry Oui agunh
II a. unnecessary and sehriiess measure Heie ~ ls
I'd there for doubt ~ 20 the o,isteuce OF
rsnnitv ald OF TO the pToprleY OF isoetoh
II might SEEM certainly justice 20 AL parties re-
u1fpd that tie doubt should be solved By some cop-
fant constituted authority Still, the only question
winch the public he's right 20 II, whether the per
,ou is or l. not lsaIe and tie least fOTms ny necessary
purpose 10 all taGt fLOt Can ih' A'N+H
Special Legislation foT this particular class ol cas-
ogt Of the cueiO0. because II would hNe 70 be htsi
authortaivey settled that the patient Is really ore o.
this class -pq. t-o
Has socety then 4 right 20 inrrison q man 60 DIR.
Rev reteratcs merely bccaUe he is insanci Are there
not questions 10 be determined before society can have
.uch night namely whether the protection Of the
per.or or prpcry Of others or Of himself or the pFoba
bilv # its benentIg his health, demands the conihe'
mept? Suppose tie woman whom DR.. Ray speaks oi
g an arnoyapce 20 her friends IL she necessarily 70 be
ncarcersted II the incarceration Is no; required for
either Of the reasons have mentioned has society any
right 70 imprson herr lie thore 10 other place bu'
prison 10 send her to, for disguise it may every
LunGic AsylGm Is n prison. sead the lndI from hef
homr if necessary but anywhere rather than to prison.
when imprisonment ia not absolutely necessary. Sup
pose she Las properly and il IN these cases WHOM ~
fortunate old and women have property that some
Of the most cruel mprisonments occur cannot ottend
ants be hired TO wait upon her without imprsonnen'
l. is question Of tie womans poryoual liberty which
she las a right to have projected. There are many
thousand harmless persons III the United States moro
or less dsorlered in mind at large in the fnl ell
ioyment Of liberty many Of them usefal citizens whom
no one thinks Of sending 10 M asylum yet who would
lie liable 10 be gent. according TO Dr. Ray.
do not Ike the expressions useu u! Di' nay 'N0
only question which the public has night 10 ask 49,
whether the person is or Is not insane" II IL not
question simply what the public has right to ask hut
what the man himself has right to aak lie surely has
hight to demand protection of lis liberty I'LL it Is
proycd he has forfeited IT, Nothing be moro danger
Gus than suffering men be imprisoned whose insaniiy
is doubtful
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CITY ITEMS.