not the mode in which the delusive impulse is carried into effect. This test, then, appears to be open to the same objections which lie against the legal tests: it seems reasonable, but it is not practical. The entire argument, then, is an argumentum ad ignorantiam. It is because we know not what may be, that we do not pretend to say what is; we have a horror of murder and the murderer; we should recoil, therefore, from the very thought of a judicial murder; we think that broad lines of distinction are to be preferred to subtle refinements; that it is better that punishment should be certain than severe; and we therefore conclude, that the law of France, Il n'y a ni crime ni délit lorsque le prévenu était en état de démence au temps de l'action,' ought to be the law of England." Dr Guy thinks that if, under such a law, some criminals should escape capital punishment who otherwise would suffer it, on the other hand none would be executed who ought to escape; and confinement for life, to which the former would be sentenced, is itself a punishment of abundant severity. * In discussing the case of M'Naughten last year, we suggested the appointment of a public officer, whose duty it should be, on receiving information, to take legal cognisance of lunatics found at large, and to enforce their removal to an asylum. A similar proposal, we are glad to observe, is made by Dr Guy. "There are doubtless," says he, "many persons living at large in society, or under the insufficient control of parents or relations, and known to harbour delusions naturally tending to acts of violence; and there are others whose delusions tend less directly to criminal acts, but who are subject to sudden and dangerous bursts of passion disproportioned to their cause. Might not the natural guardians of such persons, or those who have assumed the control over them, be required to submit their cases to a competent tribunal, which should decide on the necessity and extent of restraint? And further, in case of an injury being committed by such persons, might not the sufferer, or those legally dependent upon him for their support, be allowed to recover damages in an action at law against their natural guardians, on proof that they were fully cognisant of the state of the accused, and had neglected to resort to this tribunal, or had not obeyed its orders? Such an enactment might, it is conceived, be even extended to the overseers and guardians of the poor: but very many cases, among all classes of society, must still remain beyond the reach of any precautionary measure. If such a tribunal were established, its investigations should be conducted at the pub * See No. LXXV., April 1843. Vol. xvi. p. 190. lic expense, or at the least possible cost to the parties resorting to it; its proceedings should be unfettered by technicalities, and it should be presided over by men practically conversant with the insane, who might discharge the additional duty of ascertaining the state of mind of those accused of crime-a duty for which a common jury is totally unfit." The murder recently committed by a madman at Burntisland strongly enforces the necessity of such a tribunal. As to that form of homicidal madness of which no indications have appeared previously to the commission of the act, the author is of opinion, that, to prevent sane criminals from taking shelter under the plea of sudden uncontrollable impulse, "it is most important that all the circumstances of the case should be duly weighed, and that careful search should be made after those motives which most frequently actuate the criminal. It is in such difficult cases, too, that a caution is especially necessary against basing a decision upon one or two alleged characteristics. All the circumstances of the act ought to be duly weighed, in the spirit of the words of Lord Hale: lest, on the one side, there be a kind of inhumanity towards the defects of human nature; or, on the other side, too great an indulgence given to great crimes."" Dr Guy doubts whether the mere act itself ought to be admitted in a court of law as evidence of insanity; but thinks that the circumstances of the case might justify the court in recommending the prisoner to mercy. The only practicable means of preventing murders by such persons consists "in rendering the idea of violent death as little familiar as possible, and in discouraging to the utmost those revolting details which fill the columns of our papers, and often prove suggestive of crime. This precaution must be left to public opinion, which will grow stronger and stronger as the dangers and inconveniences of indiscriminate publicity shall make themselves felt, and the truth become more securely established, that what we wish men not to do we should not talk about." II. Phrenologische Analyse des Characters des Hern Dr Justinus Kerner. Von MICHAEL CASTLE, M.D., Mitglied des Medicinischen Collegiums, zu Neu York, &c. &c. Phrenological Analysis of the Character of Dr Justinus Kerner. By MICHAEL CASTLE, M.D., Member of the College of Physicians at New York, &c. &c. Heidelberg: Karl Groos. 1844. 8vo. This is a pamphlet containing xxvi and 74 pages. The first xx pages, in the form of a preface, are from the pen of Dr Gustaf Scheve, whom our readers will remember as one of the regular contributors to the German Phrenological Journal. The greater portion of the matter contained in this preface refers to facts connected with the history of Phrenology. There is only one point requiring notice here, namely, Dr Scheve's refutation of an opinion of Dr Castle's, that, "in a regenerated state of society, all natural faculties of man, even those which, in consequence of their strength or their kind, may assume an undue influence over the others, will be allowed to come into full play." According to the notions of phrenologists generally, the animal propensities, when they bear too great a proportion to the moral sentiments and the intellectual faculties, ought to be restrained and subdued. Dr Castle calls this "to destroy (kill) a part of the mind." He seems to be an enthusiastic follower of communist or socialist doctrines, with the discussion of which we have here nothing to do. But it must be evident to every sensible phrenologist, that, whatever the state of society may be in which men live, the intellectual faculties and the moral sentiments must remain the ruling powers of the mind. It seems to us useless to argue on the subject; a mere glance at society in different ages, and among differently constituted nations, shews us at once, that the degree of civilization is, and has always been, in exact proportion with the natural prevalence or development of the two classes of organs above mentioned. This preface of Dr Scheve's is followed by some preliminary remarks by the author, on the difference between the outward and inward character of man, the former of which, according to Dr Castle, is," that which is produced and modified by the influences of external circumstances upon the natural faculties of man ;" and the latter, "that which comes more from a primitive source, is made up of sensations (empfindungen), which, though not so clearly perceptible to man as to be understood in detail, are known to him through their results." Next, he gives some "Introductory Remarks on the leading Principles of Phrenology," all of which prefatory matter is, of course, intended for the Germans only, as beginners in, or wholly unacquainted with, Phrenology. At last we come to "the description of the organs of Dr Kerner." Our readers, perhaps, are aware, that this gentleman, a physician at Heilbronn, in the kingdom of Würtemberg, has led the van of a new school of ghost-seers and spirit-layers, which seems to be at present pretty numerous in Suabia. The work which brought Dr Kerner first prominently before the public was The Female Seer of Prevorst, containing an account of the disease and treat ment of a highly somnambulic person of the name of Mrs Hauff. Those of our readers who wish to see an ample account of the wonderful phenomena and strange apparitions of ghosts and spirits, whose owners had died 300 years ago, we beg to refer to articles on this subject, published a few years ago in the Edinburgh and Foreign Quarterly Reviews. Dr Kerner has also published a volume of poems full of mystic allusions. From all that we know of him, we had expected to find in him a very large development of Wonder, Ideality, Veneration, and Individuality; but the only organ which is very large, is the last named, the other three being stated to be only large. In this respect the heads of Jung Stilling and Oberlin, predecessors of Kerner in visionary doctrines, are more conspicuous, To account for this apparent peculiarity, Dr Castle lays a great stress upon the influence of Individuality, in combination with Wonder, Ideality, and Imitation. We subjoin here his reasoning on this point in full : 66 Every faculty and sentiment possesses its own consciousness, its own concentration, its own natural language. But, besides this, there are certain entire faculties, which correspond with the three preceding qualities of the faculties, viz., Concentrativeness, corresponding with the concentration or attention which is to be found in the other faculties; Imitation, corresponding with the natural language; and Individuality, corresponding with the consciousness, or the power, connected with it, of personifying (individualizing) every faculty. Here (in Dr K.'s case) are not only the three above named faculties powerfully developed, but also those of Ideality and Wonder, of which the former, in its own peculiar way, supports the activity of the other faculties, and the latter gives a natural willingness to believe in images conceived by the mind. "The influence of the organs of Ideality and Wonder is preceded by a powerfully excited feeling (or feelings), recognised as an entity by means of Individuality, concentrated by means of Concentrativeness, and endowed with the capability of acting by means of Imitation. Consequently, the faculties must be combined, if they are to produce the most perfect imagination; and what is called a Vision, is but the highest degree of Imagination. All great poets have visions during the moments of inspiration (highly excited sensation.) This must be quite clear to those who can feel and appreciate the supernatural descriptions found in Virgil, Dante, and Byron. In this sense, I consider also Dr Kerner to be a visionary. But in a far higher degree this must have been the case with Swedenborg. Phrenologists, generally, ascribe visions more to the activity of the organ of Form, than to that of any other faculty.* I am however convinced, that whilst several faculties and powers must combine, to produce such a state of mind as that in which visions take place, it is principally dependent upon Imitation and Individuality. Gall, who had not yet recognised *The organs of the perceptive faculties generally, and not merely or principally that of Form, are held to be implicated. See articles on apparitions in this Journal, ii. 290, and viii. 538.-Ed. ↑ "I add the following extract from an article written by me on Individuality, which, perhaps, will be able to enlighten the reader sufficiently on the great influence of this faculty in visions: 66 6 Individuality may be defined as the power of recognising and conceiving individual existences or entities (Wesenheiten). The organ of Form observes only the parts or shape of a body, and has its sphere of activity only with regard to objects of sense; whilst Individuality does not notice forms, shapes, or constituent parts, but recognises them when embodied in individualities, or as entities. "In order to be as clear as possible, I will express myself in addition thus:-If the idea or image of an absent friend is suddenly brought before our mind, we conceive him or feel him as an individual whole (Totality), and our mind does not rest upon his hair, his eyes, his mouth, &c. We say, Friend Henry will be here to-morrow; and with the word 'Friend,' we connect the notion of a man, of a complete individual, of an individual being. But if we continue our reflections, and analyse our friend, saying, for instance, Henry is a wit, and has, at the same time, something in the expression of his mouth, his nose, and his eyes, which is peculiar to wit,' we think of this expression, and see it before our mental eye. This would be the immediate result of the organ of Form, which recognises individual parts. It may be objected, that the mouth or nose, when perceived alone, is more an individual object or entity, than the whole compound body; but nevertheless the organ of Form is necessary to judge of their shape; Individuality judges of them only as of existing objects. Individuality has also a higher sphere of activity in the intellect than the organ of Form. It individualises ideas, and renders one distinct from the other; e. g., when you speak to some persons of love, hatred, conscience, charity, &c., they, indeed, may feel and understand the meaning of the words used, but they are conscious of an association of ideas before they arrive at your meaning; whilst others, who are capable of feeling such sentiments, and in whom Individuality predominates, take up directly the idea inherent in these, and feel and conceive it as a thing-as something which has existence. It is extremely difficult to represent the power of Individuality by words, at least in this respect. One requires to have it, in order to be able to appreciate its influence properly. It is, however, by no means to be supposed, that this peculiarity occurs in all who have Individuality powerfully developed; it depends entirely upon the association of this organ with other organs. A man may, however, be gifted with great Individuality, and yet not feel and conceive God as an individual Being, unless he be endowed with powerful religious sentiments. He will, from his education, conceive a God-conceive him however in the shape of a man, and give him a form which he has already perceived; have him, it is true, in his mind as an individuality, but only as an individu |