The evening telegraph. [volume] (Philadelphia [Pa.]) 1864-1918, 1869-12-24
LEGAL xMTnLLIGnNcn.
THE DRAPER LENACY CASE.
The PetsgIoner Remnndrh 70 ,ho A.rlnm.

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Drapers case. This writ was issued under and by
lsea -l'9'"'''' VI 1O'" " NpiA' ~ -
Admonished by the character of the class of cases
to which this one belongs OF the delicate nature OF
the duty about 10 be performed, have determined,
on behalf OF George W. Draper the real party in in-
terest, to lay aside che strict rules Of law which
guide us in determining most causes Of a criminal
anu even clvi natvre, and TO deal judcially with
tnls unfortunate man as one would treat suffering
brother child, or friend; or as in the Orphans
Court, we would protect and guard the best interests
are wards OF the Court.
Proceeding to the investigation Of the case two or
three thoughts naturally strike tire mind upon read
ing the act OF Assembly under which these proceed
ngs have been instituted And this is 50, not indeed
because the distinct provisions OF the law are when
considered separately, new, but because the act
groups together principles OF action OF vital i'm
pnrance and thus presents the subject for con.
sideration.
We see in this law the vast difference between a
civilized free people and savage nation Here pro-
vision is made for the insane, They may be placed
legally IN hospital; that is not In prison, but
''in building in which provision is made for the
sick the wounded, lunat 8, Or other unfortunate
persons
The insane, no longer cast out upon the cold cha
riiy OF the worlda charity often harder than ada
mant ana colder than ice-are TO be treated as
human beings, aud the maady with which they are
afflicted is TO be conquered by the advice, care and
sk'l Of scientific men, whose lives TO he devoted
to special object IL may be that permanent cure
can be effected; but If this be impossible, human
sympathy and tender care vet follow the unfortu-
mates, and sympathetic benevolence at least tends
TO alleviate dreadful maady, or exercises a wise
and benetcent restraint until death closes the suf
fcrings with the existence Of the patient
The second thought suggested by reading this law
is that all power over the person is liable to abuse
and, therefore, no man or woman shall be sent to
even hospital for the insane, unless upon certif-
Gates OF personal examination by two physicians,
signed and acknowledged before "a magistrate or
judicial officer who shall certify to the genuineness
Of the signature and the Responsibility of the sign
ers;" or upon the order OF q court or law Judge
after due examination, as specified in the act
The right OF personal liberty is thus jealously
QuarUpU and the tendency "a ap ia oh Lad a nd
rePtrained by the certainty Of detection.
The third thought embodied in the law is that any
law Judge may exercise quasi visitorial power for
any respectable person may swear 10 statement
that an individual is not insane and thereupon the
writ Of habeas corpus must issue.
No board OF directors no physician or assistant
however scientific or eXpeiienced-not even the
walls OF the building itsefcaH withstand the power
OF the great writ. Through its agency the law
knocks at the door OF the asylum, and asks WHY q
human being is restrained of his or her liberty? An
answer must be made, ana an examination viii take
place-not in the dark but before judicial officer
and at public hearing.
The elements of advanced civilization among free
people are clustered together in this law; for here
we have hospital home for the sick recognized
hv law the pertonal liberty OF its inmates guarded,
and power existing which may at any time be eX-
ercised TO prevent and arrest abuse and enforce
clearly defined rights.
Imls DreI analysis OF the act OF Assembly must
satisfy any one that this remedial statute If properly
eXpounded is a most benehcent one. If, however,
its provisions are used for the purpose Of unwise
experiment and ut the dictaton OF Irresponsible
PERSONS il VIII be fatal in its operations, not only
10 the institutions named, but also and especiaIy
to the unfortunate beings who NAV from time to
time iDhabit them. Next 10 the dreadful malady
no greater calamity can berall insane mao and
his family than 10 exhibit III detail his weakness TO
the gaze Of the public by an examination in court
We have spoken Of hospital for the insane as a
home for the sick and not prison. and in giving an
int"rnr"t"ton to the law this thought must not be
overlooked
lnIs lusutution is like, in many respects other
public charities; but, inasmuch its patients are
afflicted with a subtle and peculiar disease, its
powers in practice exceed those OF other asylums in
that while it treats disease, 1t must Of necessity
ercise restraint.
There are three reasons why this should be
so:1Flrst, because the anxiety and distress OF
because the community is thereby protected:
and thirdly, the patient is guarded and cared
for, and, it may be-, cured. When it appears
by any evidence that person has been sent
to the asylum from corrupt motive, or is un-
necessarily restrained Of his her liberty
then indeed the potent agency of the great
writ cannot he too speedily invoked but when in
any case it appears that motive exists except the
kndest and most benevolent for the separation of
one member of the family from all the rest, or OF
individual from society, the Court ought act with
the greatest delicacy and care before, by dscharg
ing The patient II inicts what in many cases proves
TO be an irreparable injury.
My own individual experience upon this bench
iustities this remark; for while premature dis
charge has, in one Instance at least caused the most
disastrous results, in many cases the advice of the
eminent superintendent of the Pennsylvania Hospi-
tai has proved to have been OF the wisest and most
benefcent character, and disregard of it has been
attended with nothing but unmiNed injury.
While all this is TO be said, it must also be re-
marked that in the past physicians have not always
examined patients with that deliberation and eau
tion which desirable, and they cannot be too
careful when called upon to sign the certificates
which consgn men TO the asylum; while the Super
intendent and his assistants at the hospital must
remember that while many individuals may in
one sense be OF unsound mind, it does not always
follow that they are lit subjects for the hospital
And in the management OF the institution, these
officers should, by repeated personal examinations
satisfy themselves OF the fact that even ravng ma
MACS are not abused and subjected to unnecessary
restraint by any person or PERSONS and especially by
All will agree that an insane and dangerous man
ought to be restrained The difficulty arises in that
class OF cases In which it appears that while COM
paratVely harmless, the patient is not able to take
care OF HIMSELF is mbecile and yet in some respects
resembles a sane man with feeble intellect or a
mere child. How far Is 1t justidable to keep such
persons within the walls OF hospital? The natural
impulse of a sensitive nature rs at once to grant
this case when the poor Invalid has spent years in
the asylum. Will we, by following either course, do
the patient benefit or an injury?
The answer to this last inquiry involves respOn-
sblity little dreamed OF by those who are not COM
PEELED to assume 1t.
II there existed in this country as am told there
exists in Europe) q class OF persons who earn their
living by boarding imbeciles in secluded villages,
and who thus voluntarily associate with, and care
would be solved; but what are we to do here,
where a discharge from an asylum means
often association with the members of a family
under the most distressing and injurious circum-
stances, or residence at clearinghouse with
ready to be either amused at the expense OF the
unfortunate imbecile or to shun and avoid his
society.
l do not quite agree with the accomplished and
learned counsel for the Hospital, Mr. Bidde, that it
il in all respects desirable residence for anybody.
because the inmates there are necessarily subjected
to supervision and restraint; but l do agree
with him in the view which he takes OF its
admirable adaptation to the wants OF the
demented, as well as OF raving maniacs. Consider
ing the fact that system OF classification exists In
the hospital and that patients OF all classes not
spacious buildings, well warmed in winter and well