Morning journal and courier., 1881-12-19
REsPoNsIBILITY OF THE INSANE.

The Symposium" in the January number
 of the No7'th American ReuieU has for it's
 subject ''Ihe Moral Responsibility of the
 Insane,' and is very timely. Fivephysicians
 take part in the discussion, namely, Dr. J. J.
 Elwell, Dr. G. M. Beard, Dr. E. c. Seguin,
 Dr. J. S. Jewell and Dr. c. F. Folsom. These
 are all men of rank in their profession.
 Dr. Elwel declares that there can be no
 dispute as to the entire Responsibility of
 that class of insane criminals coming within
 the famous rule of the English judges-these
 not knowing the difference between right
 and wrong. But he says: eff society cannot
 be securely protected against the sane assas-
 sin without destroying him, which seems to
 be the settled conviction of mankind, it IS
 equally necessary to destroy the emotional
 and moral insane, for society is as much, if not more, in danger from this unstable and
 uncertain class as from the sane murderer,
 who might live to see the error of his evil way, and abandon it; while the insane, be- cause of less intelligence and more obtuse sensibilities, is not so easily influenced. Care fully bearing in mind the object of criminal law in capital cases,- es,-protection, not punish ment, not reformation,-is not this view per fectly logical?''
 Dr. Beard thinks that if Guiteau had shot a bootblack instead of a President the facts of his life that are now before us would probably compel many, if not the majority of experts. to declare him insane. He also thinks that the punishment of irresponsible Iunatics by hanging would not only not deter other lunatics from crime, but would invite and urge them to commit crime. He con- cIudes as follows: "Confnement for life in an asylum, under the protection of special laws, if need be, that shall make it impossi- ble ever to escape, even should there be ap- parent recovery, is all the punishment that civilization will allow itself systematically to inlict on it's irresponsible lunaties."
 Dr. Seguin is not believer in capital pun ishment, either for the sane or for the in- sane But he does believe that society should protect itself as fully against insane as against sane criminals and that the means adopted to realize such protection should be rigid yet adjusted to the pathological state of the criminal patient and in accord with the more humane ethics of our civilization.
 Dr. Jewell says there can be no real ques- tion that insanity often involves practically complete moral responsibility. But he con- siders it the shame rather than the misfor- tune of the criminal jurisprudence of insan- ity that the truly insane should be made to suffer so often the penalties of the law, and that the criminal in whose behalf the plea of insanity is falsely made is so often successful in escaping merited punishment.
 Dr. Folsom declares that the whole differ ence in the treatment of the insane now and fifty years ago consists in a recognition, at the present time, of the fact that. within nar- rover limits of self guidance and self-con- trol. they are precisely like other people. He says that man distinctly insane by the med ical criterion is irresponsible for crime when the conditions defining his legal responsibil ity are, at the time of the act: First, Suf- icient mental capacity for ordinary reason, and judgment. Secondly, the of right and wrong as applied to the particular act. Thirdly, the power of within reasonable limits. Fourth Iy, the absence of insane de1usion overpower- ing reason-the character and strength of the false belief to be judged in each particular case and not by any general definition of in- sane delusion, that being impossible.
 To this collection of opinions may well be added that given by Dr. Fordyce Barker in his testimony in Judge Cox's court. Dr. Barker does not believe in moral insanity, but regards it as.only another name for deprav- ity. He also draws 8 distinct line between of character and mental aberra- tion. As the man who plies himself swith liquor is subject to uncomfortable impulses, l SO Dr. Barker holds that such impulses may sxist in sane person. And the observation of every man capable of forming a correct judgment coincides with this holding.