The Lord Chancellorsaid, he proposed to move for a Return of considerable importance, viz. the number of Lunatics now under the care of the Lord Chancellor, with the date of the inquisition, the sums ordered for their maintenance, and an Estimate of the total value of their estates; and seeing a noble and learned Lord, who had given the matter a great deal of attention, having long presided with great advantage in the Court of Chancery, in his place, he felt anxious to state, in a few words, the reasons which induced him to move for the return. It was, doubtless, within the knowledge of their Lordships, that the number of persons labouring under mental disease, who were subjects of the care of the individual holding the Great Seal for the time being, was always very considerable: he might state the average number of lunatics under the protection of the Court of Chancery at 400. The returns which had been made out showed it. Those individuals had all more or less property, which was taken possession of by the Court, for the benefit of the lunatics, (should they recover), or their heirs, and managed by individuals, generally near relatives, called committees, under the control of the Court of Chancery. Out of the estates, according to the known practice of the Court, allowances were made for the support and care of the lunatics, who generally amounted, as he had before stated, to an average number of 400: the allowances also averaged a large amount, 136,000l. a-year. Now, generally speaking, the Court of Chancery took care that those unfortunate persons thus submitted to its guardianship, should have the I benefit of all the kind and gentle treatment 1341 which it was possible to afford to individuals so circumstanced. He said, in the generality of cases the Court prescribed with great care, and, as far as it could, exercised a vigilant superintendence: but their Lordships would at once perceive the difficulty of the situation in which the Court was placed with respect to the delicate question of the possible recovery of the lunatic, who, it might be assumed, was frequently, but unavoidably, placed in the hands of persons who would, perhaps, be induced to regard their own interests more than those of their patient. The Court must delegate the care and custody of the lunatic to somebody; and the duty and emoluments of this individual ceasing with the recovery of the patient, it might be apprehended that in general he would not be very anxious for the occurrence of that event. The estate of the lunatic was, generally speaking, well watched; for first the party appointed by the committee usually had an interest in guarding it himself; and next, the Court could exercise a proper degree of control over him, and call him to account whenever it thought proper. But it was somewhat otherwise with respect to the care of the person of the lunatic, and in reference to his recovery. Here lay the difficulty. Previously to that stage there was none. For the utmost care, as their Lordships well knew, was taken, that no man should be found a lunatic without the amplest and most strict inquiry. There was, first, the protection afforded, by the individual holding the Great Seal not consenting even to the issue of a commission de lunatico inquirendo, till it was proved to be absolutely necessary. Then there was the inquisition itself, conducted with all the care and minute examination of a public trial; so that there was all manner of fence round the party, that he should not be rashly, or without absolute necessity, declared in competent to manage his affairs. But it was sometimes otherwise, when the person of the lunatic came to be placed under the care of others,—at least, it was not unreasonable to suppose that a difficulty might arise in this stage, and it would be well to guard against its occurrence. It was necessary that the lunatic should receive the kindest possible treatment, and that care should be taken to afford every chance to the patient at the moment when returning health and reason might manifest themselves. It had occurred to some of 1342 the noble Lords who had preceded him in the office which he then held, that a course might be adopted with the greatest benefit to the parties in question, and that without a day's or an hour's delay being interposed. The proportion of recoveries in cases of insanity had been matter of inquiry with his noble and learned predecessor, who received reports from all, or nearly all, the lunatic asylums in the country, in reply to circulars issued by him on the subject. The circulars were forwarded to a vast number of lunatic asylums, containing not less than 25,000 patients, and reports had been received in answer, so that there was a large number of persons afflicted with mental disease from which to obtain a pretty good average of the numbers cured. It was gratifying- to find that of those persons, from one in two and one-sixth, to one in two and a half were generally cured. But it was very different, of course, in cases such as he had been all along alluding to; and to apply that average in the case of Chancery lunatics would be assuming by much too great a proportion of recoveries. In the common cases from which the average had been deduced, were included all the cases of individuals sent into lunatic asylums on the first breaking out of mental disease, and never having sustained any previous attack of insanity; whereas the 400 Chancery lunatics (that was the average number) were generally persons who had been for Months and months ill before a Statute of Lunacy was thought of, and in such cases the disorder being- confirmed, there was less chance of recovery. If we were to say one in twenty for the recoveries of lunatics under the care of the Lord Chancellor, we should probably come nearer the mark than by assuming a higher average of cures. But that was no reason why the one-twentieth of the Chancery lunatics, or 20 out of the 400, should not have the best chance of recovery afforded them,—no reason why all should not be well treated—no reason why there should be, not only a certainty of their being thoroughly well cared for,—but a certainty of the recovered patient's being discharged at. the earliest possible hour after a cure was effected. It had been thought, that the establishment of a Board of medical men, consisting—say of two able physicians, accustomed to the treatment of mental disease, but not what was called "mad doctors" (he did not wish to be 1343 understood as casting any reflection upon those useful individuals who undertook the care of lunatic asylums).—It had been thought, that the selection of two eminent general practitioners, most qualified, nevertheless, with respect to the cases in question, that their appointment, with an allowance for moderate expenses, and power to institute, from time to time, inquiries into the cases of Chancery lunatics, would be extremely advantageous. The Board would investigate the treatment of the patients, and act as a check upon the medical men under whose control they were placed: first, see that the lunatics were well cared for; but, above all, watch the least glimmering of returning sanity, and see that the parties were not detained one day longer than was required. This was a subject which had engaged his noble and learned predecessor and himself, and he thought it must be admitted that it was one that deserved—he might say required —the attention of their Lordships. The only question, as it appeared to him, was, in what way the matter could be best arranged. He certainly should be prepared, as soon as the return for which he was about to move was before the House, to state a plan calculated to effect the object in view with the greatest possible economy to the estates of the lunatics, at the same time that it aimed at as much efficiency as practicable. The lowest charge on an estate might be about 10s., and in no case would it exceed 2l. percent. The object of this charge would be, to superintend and watch most vigilantly, with reference to the treatment and recovery of the patient, and likewise to lay down rules which would prevent any abuse upon the part of those medical officers who might be appointed, if the plan which he proposed should receive the sanction of the House. He knew that it might be said to him, that it was the province of the Great Seal, of itself to make arrangements which it might deem sufficient for the entire, wholesome, and safe management, of persons in this unhappy condition; but he deemed it to be more expedient, wherever any doubt might exist as to the jurisdiction of the Court, in applying the revenues of one lunatic to the general purposes where all lunatics were concerned, to make the arrangement a legislative measure. He would take the opportunity of the noble and learned Lord (Eldon) being in his 1344 place, to entreat his Lordship, and the rest of their Lordships, not to disdain to turn their attention to the subject before the end of the Session. He should now move for a return of the number of lunatics under the care of the Lord Chancellor, with the dates of the longest and shortest time of confinement, with the sums allowed for their maintenance, and the actual amount of their estates.
§ The Earl of Eldonwas understood to say, that the noble Lord on the Woolsack had altogether proceeded on the mistake of supposing, that the Court of Chancery had the management and jurisdiction over lunatics. The subject was managed by a Special Commission from the Crown, generally issued, indeed, to the person holding the Great Seal; and, it happened, on account of the facilities which the Court of Chancery possessed for the management of property, that this jurisdiction could not be placed in better hands than in those of the Lord Chancellor. The jurisdiction over the persons of lunatics did not he with the Lord Chancellor by virtue of his office. He should not, however, offer any opposition, or make any objection to the further inquiry into the state of such unhappy persons. He was sorry, very sorry to say, that their numbers had greatly increased since he had taken the Seals, and he would take upon himself to say, that if his conduct were to be examined into with respect to his discharge of this part of his duty, it would be found to have been influenced solely by an anxious desire to benefit the parties labouring under such a state of affliction. He could assure the noble Lord upon the Woolsack, that he would give all the assistance he possibly could to the improvement of the situation of persons under the unhappy circumstances of lunacy, and no man would be more ready to promote the views of the noble and learned Lord than himself. The noble Lord on the Woolsack might command his time and attention to further his object; and he would say, that he was as ready to give his time for such a purpose as any man upon earth. It would, however, be necessary to proceed with the utmost caution in treating the subject, and it behoved the noble Lord upon the Woolsack to consider the point, whether it would not be better to select physicians who confined themselves to the treatment of one subject, as the most likely persons 1345 to be the best judges of the disease in question.
The Lord Chancellorsaid, that there was a tendency to suppose, whether right or wrong, that all medical men who devoted themselves exclusively to cases of insanity, and who kept asylums, had a prejudice in favour of making people insane. What he meant was, that they were apt to imagine and see insanity where other people saw none. The proper course to take would be, to constitute the commission of three persons, one to be of one sort, and two of the other, or vice versâ.