Lords Sitting of 24 June 1819

MAD HOUSES REGULATION BILL.
The Marquis of Lansdownesaid, that nothing could more forcibly appeal to the humanity of their lordships than the state of those unfortunate persons who were unhappily afflicted with insanity, and the legislative means of preventing them from being subjected, in their treatment and confinement, to abuses of the most flagrant and revolting nature. That abuses of that description unfortunately existed, was too clearly proved. He was aware, at the same time, that great caution was necessary in legislating upon this subject; it was undoubtedly essential that care should be taken not to prevent respectable individuals from keeping establishments for the care of persons afflicted with insanity, and it was of the utmost

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importance that visitation and inspection should take place without resorting to means that might retard the cure of persons so afflicted. The present bill, in his opinion, provided the necessary means of visitation and inspection, without being liable to the objections he had mentioned. The abuses with regard to pauper lunatics, called particularly for legislative regulation; it being too frequently the practice with parish officers to confine them, under circumstances of great cruelty, in poor-houses, to the great annoyance of the unfortunate inmates of those houses, merely because they could be supported there at a less expense than by sending them to a receptacle for lunatics. Many gross abuses, and instances of great cruelty, had been pointed out, which rendered it absolutely incumbent on the legislature to interfere. Under all these circumstances, he felt it his duty to move the second reading of this bill; and he was satisfied that all respectable persons, who had the management of receptacles for those unhappy individuals would be ready to court the inquiry which it was the object of this bill to enact.
The Lord Chancellorsaid, it was impossible for him to give his support to the present bill, because he conscientiously believed that its regulations would tend to aggravate the malady with which the unfortunate persons were afflicted, or to retard their cure. It was of the utmost importance, with a view to the proper care of these unhappy individuals, and with a view to their recovery, that they should be under the superintendance of men, who had made this branch of medical science their peculiar study, and that the superintendance of physicians should not be interfered with. The bill gave a number of penalties, half of which were to go to the informer, and it was evident that the informer would be found amongst the attendants and servants in receptacles for lunatics, who would thus be made the judges of the conduct of the physicians, and it would be impossible for the latter, under such circumstances, to resort to many of those means which their experience taught them were most effectual for the cure of their unhappy patients; for there could not be a more false humanity than an over humanity with regard to persons afflicted with insanity. He admitted that there were great abuses, but the better way to remedy them, would be to take a cool and dispassionate view of the
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subject in a committee in the next session of parliament, by which means a measure might be framed free from the objections to which the present bill was liable. With regard to pauper lunatics, he admitted that there were great abuses, and was ready to agree to a short bill, embodying the clauses relating to them which were in the measure now before the House; but the bill as it stood, he must decidedly oppose.
The House divided: Contents, 14; Not contents, 35 Majority against the bill, 21.