individual; for it is not uncommon for the person who has taken the life of his wife or his children, to commit suicide. The study of disorders of the mind, together with the pathology of the brain, plainly shows that the atrocious and unnatural crimes, which have of late horrified the public, cannot be traced to mere wickedness and depravity; but that they result, in common with suicide, and other morbid propensities, from abnormal or diseased conditions of the cerebral structures. Great opposition is raised to the plea of insanity (in cases where there is a criminal charge) when the accused has accomplished his object by means of stratagem and

contrivance.

Those, however, who are familiar with the conduct and habits of lunatics, well know how artfully they lay their plans, and how steadily and watchfully they carry them out, in order to secure the end they have in view. And nothing more familiar, and truly nothing more melancholy, than the steadiness and perseverance which those who are bent upon self-destruction, exhibit for months and for years, in watching for an opportunity to accomplish their fatal purpose. Great objection is also taken to the plea of insanity, when absence of motive is adduced as an indication of mental aberration. Can it be supposed however, that the parent who, without provocation, proceeds in a calm and deliberate manner, to take away the life of his child, or the husband who destroys the wife to whom he is tenderly attached, is a responsible agent? Does not the annihilation of the natural feelings and innate tendencies of human nature, prove the existence of a condition, the very opposite of a healthy mind in a healthy body,―mens sana in sano corpore? This entire perversion of the natural feelings, this abolition of our common humanity, and the absence of motive itself, when the healthy instincts are all in the other direction, are surely indications of an unsound mind, and as surely render the individual no longer responsible for his actions.

It may here be remarked, that a larger proportion of insane persons, present a disordered state of the moral feelings than of

the intellectual powers, or understanding, and this remark is confirmed by an observation of Esquirol's," this moral alienation is so constant," says Esquirol, "that it appears to me to be the proper characteristic of mental derangement. There are madmen in whom it is difficult to discover any trace of hallucination, but there are none in whom the passions and moral affections are not disordered, perverted, or destroyed. I have in this particular

met with no exceptions."

It will be seen, therefore, that only a small proportion of lunatics, (those who people our lunatic asylums,) are bereft of all their mental powers, but that whilst the objects of care on account of some form or degree of mental aberration, they possess in common with sane persons, many of the faculties of the mind, as the power of reasoning and comparing, and much of the general appearance and manner of healthy persons.

The views which are here expressed, have been entertained by those who have had extensive opportunities of observation, and whose opinions, founded on experience, are entitled to deliberate consideration. Amongst these may be named Pinel, Esquirol, and Marc, in France; Pritchard, Pagan and others in this country; and Ray in America. In speaking of homicidal lunatics, Esquirol, the author of "Des Maladies Mentales," says " Plusieurs coordonnent leurs idées, tiennent des discours sensés, défendent leurs opinions avec finesse, et même avec une logique sévère, donnent des explications très raisonnables, et justifient leurs actions par des motifs très plausibles. Veulent ils atteindre un but ? ils combinent leurs moyens, saisissent les occasions, écartent les obstacles, ont recours à la menace, à la force, à la ruse, à la dissimulation, aux prières, aux promesses, aux larmes, et trompent les plus expérimentés; leur persévérance est invincible," and again, "La monomanie homicide est donc un délire partiel, caracterisé par une impulsion plus on moins violente au meurtre, tout comme la monomanie suicide est un délire partiel caracterisé par un entraînement plus ou moins volontaire à la destruction de soi

même. Cette monomanie présente deux formes bien distinctes. Dans quelque cas le meurtre est provoqué par une conviction intime, mais délirante, par l'exaltation de l'imagination égarée, par un raisonnement faux, ou par les passions en délire. Le monomaniaque est mu par un motif avoué et déraisonable, tonjours il offre des signes suffisans du délire partiel de l'intelligence ou des affections. Quelquefois sa conscience l'avertit de l'horreur de l'acte qu'il va commettre, la volonté lésée est vaincue par la violence de l'entraînement, l'homme est privé de la liberté morale, il est en proie à un délire partiel, il est monomaniaque, il est fou.

Dans d'autres cas, le monomaniaque homicide ne présente aucune altération appreciable de l'intelligence ou des affections. Il est entraîné par un instinct aveugle, par quelque chose d'indéfinissable qui le pousse à tuer. Tous les auteurs rapportent des exemples de meurtres commis par des monomaniaques; poussés par une impulsion réfléchie et motivée, ces malades sont soigneux quelquefois de prendre des précautions pour assurer leurs coups, et même pour en dérober les preuves; tandisque souvent ils se réjouissent du meurtre qu'ils viennent de commetre, ils s'en accusent aux magistrats, ou restent impassibles auprès de la victime."*

"Many of them possess the power of arranging their ideas, of conversing correctly, and of artfully defending their opinions, even in the most logical manner; they will give the most rational explanation of their actions, and justify them on the most plausible grounds. If they wish to attain an object, they will combine their means, seize the opportunity, overcome obstacles, use threats, force, cunning, dissimulation, entreaty, promises, or tears, and deceive the most experienced; their perseverance is indomitable."-Esquirol, vol. ii. pp. 790, 791.

"Homicidal monomania, therefore, is a partial delirium, characterised by an impulse more or less violent, to destroy life, just as suicidal monomania is a partial delirium characterised by a tendency, more or less under control, to self-destruction. This species of monomania presents two distinct forms: in one form, the homicidal act is prompted by a thorough, although insane, conviction of its propriety, by an exaltation of the diseased imagination, by false reasoning, or by the delirium of passion. The monomaniac is governed by an avowed and insane motive; in all cases he presents sufficient indications of

These extracts, together with the preceding observations, lead to the conclusion that there truly exists a homicidal mania,—that this propensity to shed blood,-to take away life, is the result of disordered function, or other morbid condition of the brain. It may exist in connexion with very different states of the nervous system, and reveals its presence under very different circumstances; sometimes it is associated with delirium, or maniacal fury, as when a man rushes into the street with a sharp instrument and attempts to stab the first person he meets ;-sometimes with perversion of the affections, or extinction of the natural feelings, combined with delusion,—and sometimes with that powerlessness of will which deprives the individual of his free agency,―tantôt avec impuissance de la volonté qui prive l'homme de sa liberté morale, (Esquirol)— in which condition he is impelled by an uncontrollable impulse, by a propensity he cannot resist, to the commission of some horrible crime.

If

It is an axiom in English jurisprudence, that where there is any doubt as to the facts which are stated in evidence, against a prisoner, he is entitled to the benefit of that doubt; and from this cause many acquittals take place every year in this country. then, in determining the more delicate and difficult question of moral responsibility, there should be any doubt, it is consistent with this humane principle of British legislation, to give the alleged lunatic the benefit of the doubt, and acquit him of the

partial derangement of the understanding, or the affections. Sometimes his conscience conceals from him the horrible nature of the act he is going to commit, the diseased will is overcome by the violence of the tendency; the man is deprived of moral liberty, he is a prey to partial delirium, he is a monomaniac, he is insane. In the other form, the homicidal monomaniac scarcely betrays an appreciable change in the understanding or the affections. He is impelled by a blind instinct, by an indefinable something which urges him to kill. Cases of homicide perpetrated by monomaniacs, are reported by every author :-acting upon an impulse attended by both reflection and motive, these patients are sometimes careful to take measures for insuring their success, and for destroying the proofs of it; whilst on the other hand, they frequently exult in the murder they have committed, and either denounce themselves to the authorities, or remain passive by the side of their victim.”—Idem, pp. 792, 793.

B

"crime" with which he is charged. For it should always be borne in mind that with an acquittal on the ground of insanity, society is protected from a repetition of such acts of violence by confinement" during her Majesty's pleasure;" which is, in practice, being placed in a lunatic asylum and confined for life. And looking to the true principles of criminal law, in which all punishments are supposed to be reformatory and not vindictive, this incarceration for life is truly a very severe punishment; and where the mind is in any degree susceptible of the emotion of fear or dread, would on most persons, have a more deterring influence, than even death itself.

It may not be irrelevant, in conclusion, to remark that this is not the first instance in which science and humanity have been in advance of the laws. Two hundred years have not elapsed since a general belief in witchcraft was entertained in this country; "and between three and four thousand persons are said to have been executed for witchcraft during the 17th century."* Even Sir Matthew Hale, in the course of the trial of two women at the assizes at Bury St. Edmunds in the year 1665, avowed himself a believer in witchcraft :-the jury found the prisoners guilty, notwithstanding many impartial bystanders declared that they disbelieved the charge. It is on record that executions took place as late in the 17th century as 1682, and the statute of 1st James I. c. 12, so minute in its enactments against witches, was not repealed till the 9th

George II. c. 5. I quote one other paragraph from Esquirol, that with which he concludes his valuable chapter on Homicidal Mania, and which at least shows that our Continental neighbours were in advance of this country on the subject of witchcraft, viz: "Au reste, ce n'est pas la première fois que les médecins, plus exercés que les autres hommes à observer les infirmités humaines, out éclairé la justice sur les altérations de l'esprit et

* Pictorial History of England, vol. iii. p. 639.