Mr. Robert Gordonrose, in pursuance of the instructions of the Committee, to move for leave to bring in a Bill to Amend the Law for the Regulation of Lunatic Asylums. At the latter end of the last session, he had obtained a committee to inquire into the state of the Lunatic Asylums in the neighbourhood of the metropolis. That committee had been attended very diligently by the members, and the result of the evidence was such as fully justified him in every assertion he had made in moving for it. He would venture to repeat what he had before said on this subject; namely, that in the present state of the law, an individual possessing a great income might, with much more ease than the House could suppose, be imprisoned on the false pretence of insanity, at the instance of some person acting from malicious or interested motives. Whoever had read the report of the committee would see it perfectly established in evidence, that there was a great deal too much facility in granting certificates to the keepers of Lunatic Asylums. The only provision of the law against the false imprisonment of any individual, under the plea of insanity, was, that the keeper of a lunatic hospital could not receive any person as a lunatic into his establishment, without an accompanying certificate, signed by a physician, surgeon, or apothecary; and he begged the House to observe, that the term apothecary was, in this act, interpreted to mean merely a seller of drugs; so that any dealer in drugs had the right of signing a certificate, consigning any person to imprisonment whom he deemed to be insane. Nay, the very apprentice of this man, as soon as his indentures had expired, might, by his signature to a certificate, consign any person, under the pretence of insanity, to all the miseries of the mad-house. This certificate was granted previously to the person being received into this shocking receptacle of deranged humanity; so that it might sometimes happen, that this ignorant practitioner would see a person labouring under the delirium of a fever, or the hallucination occasioned by opium, and grant a certificate under which the unfortunate sufferer might, for months afterwards, remain immured amidst the horrors of a mad-house. There could be no doubt that it was the business of the legislature to prevent, as far as possible, 576 any risk of persons being improperly confined, and all the witnesses had agreed, that some new enactment was necessary to regulate the mode of granting certificates.
He next begged to call the attention of the House to the manner in which those who were the proper objects of this system of coercion were treated in Lunatic Asylums, with the view to their recovery. He would state a case. He would suppose that of any individual belonging to some parish about twenty miles from the metropolis; so that the distance would necessarily render very rare the visits of the clergyman and of his own friends or relatives. He would place him at the White House in Bethnal-Green. He took that house, because it was kept by Mr. Warburton, who had under his care half the lunatic paupers within the bills of mortality, including those of the parishes of St. Mary-la-bonne and St. George, Hanover-square, of which latter he (Mr. Gordon) was a vestryman. He would place this supposed lunatic, then, in Mr. Warburton's establishment at Bethnal-Green. What probability, he would ask, was there that his malady would be removed by the curative process followed in that place? He would appeal to the returns to the inquiries made by lord Robert Seymour, from the clergymen of the different parishes in the county of Middlesex. He would appeal to the evidence of the committee, to prove that no attempt was made of any curative process for the mental malady. He would then ask, what chance there was of improving the bodily health of the patient? From the defective skill of the medical attendants, it was evident that no care was taken, of his bodily health. The House would be surprised to learn, that in a hospital comprising four hundred patients, they only received the attendance of one medical person. This was a Mr. Dunstan, who, however, attended but every other day, for an hour or two at a time. He was also the surgeon of St. Luke's hospital, and he attended all Mr. Warburton's other establishments, besides having a fair share of private practice. This was the scale of medical attendance on the wretched sufferers; one surgeon for an hour or two every other day, to take charge of the health of four hundred patients. As a proof how little attention was paid to their medical treatment, he held in his hand one of those slips of 577 paper which every member of the committee would so readily recollect. It appeared; from this paper, that out of these four; hundred persons, in May last, eight only were under the treatment of medicine. It was clearly established by the evidence of those who were most acquainted with the subject, that they considered insanity as a disorder which might be removed by medical treatment, or moral care.
But, if this was the case of the unfortunate patient as to his mind and body, what was his condition as to general accommodation? In this house of Mr. Warburton, there was no attempt at classification. Suppose the patient whose case he had imagined was one of that class who were passed into the crib-room, what was his situation? He was placed in a box six feet long, covered with straw, and Chained down both by the arms and the legs. In this state he was left the whole night through, without attendance or assistance, or the possibility of either. One of the witnesses had been very indignant, because it had been stated, in one of the reports, that sixteen of these unfortunate persons had been confined all night in one of these wretched rooms. What really was the fact? It turned out that the number was not sixteen, but fifteen; and these fifteen were confined in a room twenty-six feet long. In these cribs they lay insensible to the calls of nature, and were left to wallow all night in their own filth !—In Bethlem and St. Luke's Hospitals the lunatics in good health were kept in separate cells. But if these unhappy patients of Mr. Warburton suffered thus during the week, what was their condition on Sunday? "E'en Sunday shone no Sabbath day to them !" They were confined in this horrible place from Saturday night until Monday morning: fifteen human beings lay wallowing in their filth ! throughout the whole of Sunday ! It was attempted by Mr. Warburton and his witnesses to contradict this statement, which was originally made by a patient who had recovered, and gave evidence before the committee. Mr. Warburton complained of the introduction of evidence of this kind, and begged that he might himself be examined, and his assistants also. They were all examined as he desired; but what was the result? Every word of the charge was fully confirmed from the mouths of his own witnesses. At the end of the inquiry into this part of the subject, 578 no doubt existed on the mind of the committee, that it had been the custom of Mr. Warburton's house to confine these lunatics throughout every Sunday. There was evidence also given, descriptive of the mode in which they were treated on the Monday morning. In a state of nudity, covered with sores and ordure, they were carried into the yard, and plunged suddenly into cold water, even when ice was swimming on the pails. In this situation, with little attention bestowed on him, and no benefit from medicine, the individual, whose case he had supposed, was on the point of falling under the evils-that pressed upon him. At last his health failed. He was then removed to the infirmary.—It was impossible with the strongest language to describe the horrors of this place. Could the right hon. the Secretary of State for the Home Department believe, that this infirmary in Mr. Warburton's house was a room not known to exist by the medical attendants sent into it by several families who had patients there? When it was found out—what was the condition in which it was discovered to be? He would read the description in the language of the witnesses. The hon. gentleman then read a passage stating, "that the air of the infirmary was so highly oppressive that the witnesses could not breathe." It also represented as disgusting in the highest degree, the horrible exhalations of excrementitious matter arising from the patients. Mr. Warburton had attempted to deny these facts also; but they were incontestably established. He felt it his duty to state, that it appeared by the minutes of the evidence of the physicians and others before the committee, that however bad Warburton's house might be, it was good, as compared with others of the same kind, if not much better than many of them. It might at least be taken as a fair sample of what these houses were. Mr. Warburton had been permitted to read all the evidence against him, and to bring forward his own witnesses to rebut it. The report had made no statement respecting him which was not confirmed by his own witnesses. Mr. Dunstan, his medical attendant, visited the patients every other day. Mr. Warburton himself came only twice a week, for about an hour, or an hour and a half each time. He had so many establishments, that though he stated in his evidence, that he thought he knew the mode of curing madness better. 579 than any other individual, he acknowledged that his time was so occupied, that it would not permit him to investigate the cases of the persons placed under his care. As a sample of Mr. Warburton's witnesses, he would take Mr. Cordell, who used to act as the occasional assistant of Mr. Dunstan. This person was asked by a member of the committee, whether he only went occasionally? He stated, that he did not attend regularly. He was next asked, whether any register was kept of the state of the patients? He replied, "Yes, we have the most perfect register you can conceive; it is an account of the treatment and condition of every patient, moral and medical; it is for accuracy and neatness, a perfect pattern. We can trace the illness of every patient for six or seven years, and we can find a statement of every prescription written for him, and every circumstance attending the progress of his malady." Would the House believe, that there was not a word of truth in this statement? Could they believe that it was wholly false? Yet so it was. The next day the committee sent for Mr. Dunstan, and requested him to bring this book. He replied, there was no such thing in existence. Mr. Dunstan was required to attend in person. Cordell's evidence was read over to him. He said there was no such register as Cordell had described; that the whole statement was perfectly inaccurate. The committee then sent for Cordell, and read over to him what had taken place. He was afterwards asked, whether the committee were to understand that his statement was altogether incorrect? His reply was, "It is very probable." He was then pressed to say, whether the committee should believe the evidence he had given that day, or on the Saturday before? Cordell coolly replied, "All I told you the other day was inaccurate: it was false from beginning to end." He added, that the story of the great book was all his own invention. The committee, finding themselves placed in rather an awkward situation by this conduct, intended at first to have submitted the case to the House, and called upon it to interfere and visit its wrath on the offending party. But as there remained only a few days of the session, they borrowed a little of the Speaker's authority, and, after keeping Cordell in duress for two or three days, they severely reprimanded and discharged him. The 580 circumstances did not appear on the minutes of the committee; and he had mentioned it, as he was otherwise afraid that Cordell's character would not be known as it deserved to be. They had not harassed Mr. Dunstan or his assistant, Cordell, much with questions, as it was evidently useless.—He could not refrain from quoting one other sample of the conduct of Mr. Warburton's establishment. In September last, an inquest was held on the body of a patient who had died there. Through my hon. friend, Mr. Spring Rice, then Under Secretary of State, he obtained a copy of the coroner's report. In the inquiry before the committee, it appeared beyond all doubt, there were no sick stores in the infirmary, and no medical attendance except that of Dunstan every other day; and when he could not attend, that of a young man, about twenty years of age, the celebrated Mr. Cordell. In his evidence, Mr. Warburton asserted roundly, that every possible attention was shown to the patients, to whom he said sago, arrow-root, wine, and light puddings, were administered as they needed them. The committee asked the superintendant of this establishment, if he had any bills for the sago and other articles provided for the sick? He stated in reply, that he had no bill, as he had always paid ready money for every thing he bought, and that the course was to enter all he laid out in one sum as sundries. His (Mr. Gordon's) impression of this evidence was, that it was false, the whole of it. At least it could not be true to the extent stated by the witness. It was impossible to believe that Mr. Warburton would allow any manager, in so large an establishment, to lay out what he pleased, and keep no books.
The hon. gentleman then adverted to some considerations with which he had opened his speech. He had pointed out the great difficulty and danger of the existing law; first, as to the certificate of insanity; secondly, as to the treatment of the lunatic in confinement, supposing him to be properly confined; and thirdly, if, through the interposition of Divine Providence, he should regain his senses, the much greater difficulty he would experience in regaining his freedom, and returning again into society. He knew of no process that could be effectual for this purpose, if it was the interest of the keeper, or any body else acting with him, to continue the im- 581 prisonment. He, perhaps, should be told, that the party aggrieved might apply for a writ of habeas corpus. Laying aside the cost of this proceeding, how could the individual in confinement make his complaint in the first instance, if he was treated as a lunatic? The law at present directed, that five physicians should visit these houses and keep a register of their proceedings. He would narrate one instance, to show how this duty of supervision was performed, which had reached him through his hon. friend, the member for Portsmouth (Mr. F. Baring). A married lady, named Pettingall was, in May, 1825, confined as a lunatic, but she did not appear to the Committee of Magistrates to be then labouring under insanity; and it also appeared, that she had not exhibited any marks of insanity for twelve months. Under these circumstances, they directed a communication to be made to her husband. About the same time in 1827, she was still reported to be conducting herself with propriety, but the husband had taken no notice of the application for her release. When the committee met, they learned, on inquiry, from the medical attendant, Dr. Bright, that the husband had refused to liberate her, because he said she was a troublesome woman, and not fit to be at large—" There," he added, "she shall remain." When he (Mr. Gordon) came to town at the end of November, he sent for Dr. Bright, to ascertain whether Mrs. Pettingall was still in confinement. He found that the doctor had remonstrated in vain with her husband. As he considered the lady perfectly sane, he gave notice, that if she was not immediately liberated, he would move for a writ of Habeas Corpus at his own expense; and it was not till five days before the meeting of parliament, that she was finally released.
He then reverted to the state of the existing law. By the 14th of George 3rd, c. 49, a license to keep a house for the reception of lunatics could only be granted by five commissioners, to be appointed for that purpose by the College of Physicians. These commissioners were bound to visit each of these houses once a year, and if they found any thing improper, they were directed to place a card in the censors' room, stating what they had discovered to be incorrect. Unfortunately, this provision had never been attended to in practice; at least since 1800. The excuse for this negligence was, that the complaint 582 to the censors did no good, and was therefore as well abandoned. The only regulation of the law, for the protection of these unfortunate beings, was thus violated. When he first entered on this subject, he had naturally asked, as the commissioners had omitted the duty prescribed by law, what else they had substituted? If they had not acted according to the letter of the law, he hoped they had done nothing against its spirit. But he found, on further inquiry, that they had done nothing—literally and strictly nothing. Sure he was that, if any thing was communicated to the right hon. gentleman opposite, representing that great abuses existed in some department of the state, and that the law was not sufficient to suppress them— if any such communication was made to him or to any other member of parliament, they would feel it their duty to take some steps to amend this defect in the law, and especially if they had found abuses of the gross and disgusting nature he had laid open that evening.
The hon. gentleman then referred to the minutes of the physicians, as to some of these houses. Holt's house was represented as very disorderly and dirty. In another, twenty patients were together in one small room, the air of which was close and offensive. In another, two patients were found lying in an outhouse, and three others chained down by the arms, wrists, and legs. Their wrists were blistered, and their persons covered only by rags. One female was the only servant they had to attend to them. Was this a system to be tolerated? He was not speaking of the practice in a distant part of the country, but actually within five miles of London. Had he not, then, made out a sufficient case to justify him in asking for an alteration of the law? He begged the House to consent to it for the sake of the wretched beings, whose serious afflictions had fallen on them by the visitation of Providence, and who were suffering daily and hourly torments which no tongue could describe. If there were any who considered this a pseudo-philanthropy, he would reply, that it was a pursuit as worthy and as much called-for as the exertions that had been made for many-years to improve the state of the gaols. No class of sufferers could have stronger claims on our sympathy and kindness than, that which he had brought under the attention, of the House. He would not feel 583 desirous that the bill should be brought in, if it had not been carefully and duly considered. It had been shewn, within the last six months, to two Secretaries of State, and four Under Secretaries, previous to the return of the right hon. gentleman to office; and they had all viewed it with approbation. Within the last two days, he had placed it in the hands of the highest law authority in the kingdom, who had promised to give his assistance in removing all obstacles to its success. He earnestly trusted that parliament would not relax its efforts on a subject, so interesting to humanity. He knew, that to endeavour to correct abuses or redress grievances, was no very agreeable or easy task; as those who undertook it found so many private interests and personal feelings arranged against them. Many of the abuses which he had described as belonging to Mr. Warburton's house, were three months before the committee had been appointed; and he believed that many of them had since been remedied. The public attention had been excited, and the public asylums for the reception of pauper lunatics had been much ameliorated. He could not sit down without alluding to the splendid liberality of a gentleman, Mr. F. J. Browne, who for a quarter of a century had represented the county of Dorset in that House; that gentleman had given a manor-house to the county for the reception of lunatics, and had sunk a sum of money in the funds for the purpose of providing it an annual income for its support. He thanked the House, in behalf of himself and of those whose cause he was advocating, for the attention it had paid to him; and he trusted that the time was fast approaching, when England would emulate the example of the continent on this subject. In Holland, in France, in Italy, and even in Spain (meanly as we thought of that country), there were establishments existing for the reception of lunatics, which, to those of this country who had visited them, had been the subject of their envy and admiration. The hon. member concluded by moving for leave to bring in a bill "to consolidate and amend the several acts, respecting County Lunatic Asylums, to facilitate the erection of County Lunatic Asylums, and to improve the treatment of Pauper and Criminal Lunatics."
Lord Ashleyseconded the motion; but his lordship spoke in so low a tone, that he was nearly inaudible in the gallery. 584 He alluded to the evidence given before the committee, to prove that it was highly necessary that something should be done relative to the treatment of Pauper Lunatics; and he cited several cases that had come within his own knowledge, which clearly proved that the present system was greatly defective.
Mr. Secretary Peelsaid, that he did not think that the hon. gentleman had done justice to the feelings of the House, when he had supposed that his motion would be treated with the slightest inattention; for he was sure that it must not only be impressed with the importance of the question, but also feel grateful to the hon. gentleman for having taken it up; especially as he must have devoted his time to it from a feeling of pure philanthropy; and he thought that a more important subject could not have been chosen, though it was not one calculated for display. During the summer, he had paid some attention to the report that had been made by the committee; and though he had not himself taken any part in the present bill, he trusted that the hon. gentleman would introduce it on such a principle that it would execute itself; for, unless that should be the case, there would be danger that, in the course of fifteen or twenty years, when the public attention was no longer excited, the same abuses as those now complained of would creep in. There could not be a question, that unless the asylums for pauper lunatics were well conducted, they would be a curse rather than a blessing; and that it would be infinitely better to have none at all, than such as would only offer temptations to send unfortunate creatures to them. There were cases in which the patient was merely somewhat troublesome, and it was much better that such as these should be abroad; it being preferable to leave them in the custody of their relations, than to lock them up in mad-houses. That mildness of treatment might produce the best effects was to be seen from the manner in which the house in St. George's fields was conducted. Patients had been removed thither, after being chained to the wall for nine years at the other place, and brought to quiet and tranquillity by the pursuing of a milder course. Unless, therefore, these asylums were well regulated, they were the greatest curses that could exist. But he wished to suggest to the hon. gentleman, that there might be danger in the 585 establishment of a permanent Board of Commissioners. It was human nature, that daily and weekly visits to such scenes should harden men's hearts; and he thefore thought that it would be infinitely better, instead of a permanent board being established, that every six months new physicians and new visitors should be appointed.
Mr. Peelwas afraid that the old members would be sure to be re-appointed, unless it was positively enacted that new physicians and visitors should be appointed twice a year.
§ Mr. W. Smithsaid, that when he was younger he had paid much attention to this subject, and had visited all the madhouses round London, by which he had been eye-witness of the great abuses practised. He was therefore rejoiced at the prospect of alteration. He trusted that no house, however respectable, would be exempted from the operation of the bill; and that those which stood highest in reputation, would forego any privilege, in order that the act might be completely carried into effect.
Mr. R. Gordonsaid, it was the object of his bill to place the matter entirely under the direction of the Secretary of State for the Home Department.
§ Leave was given to bring in the bill.