On the State of Lunacy and the Legal Provision for the Insane / With Observations on the Construction and Organization of Asylums

by J. T. Arlidge

According to Lord Shaftesbury’s evidence,—and his Lordship is favourable to the authority of the Justices being perpetuated,—the system of licensing provincial houses is sometimes loosely conducted; the house is only known to the licensing magistrates by the plan presented, and its internal arrangements must be virtually unknown, inasmuch as no inspection is made of the premises. This furnishes an argument for handing over the licensing power to the Commissioners in Lunacy, who exercise this portion of their duties with the greatest care and after the most minute examination. But, besides this, the position of a magistrate does not afford in itself any guarantee of capacity for estimating what the requirements of the insane ought to be, or of judging of the fitness of a house for their reception. The act of licensing should certainly be conducted upon one uniform system and set of regulations; and the revocation of licences should likewise be in the hands of one body. No division of opinion should arise between a public Board and a Committee of Justices respecting the circumstances which should regulate the granting or the refusing, the continuation or the revocation of a licence. A divided, and therefore jarring jurisdiction, cannot be beneficial; and the arguments for the introduction of the magisterial element depend on the popular plea for the liberty of local government,—a liberty, which too often tends to the annihilation of all effectual administration.

If our views are correct, and if the jurisdiction of the Commissioners in Lunacy ought to be increased, then, as a result, the number of Commissioners must also be augmented. In the need of this increase, very many, indeed the large majority of persons acquainted with the legal provisions made for the care and treatment of lunatics, concur; and reasons for it will still further appear upon a review of the other functions assigned to the Commissioners, and of those with which we would charge them.

By existing arrangements there are two State authorities concerned with lunatics, one particularly charged with their persons, whether rich or poor,—the Lunacy Commission;—the other with their estates, and therefore, with those only who have more or less property,—the office of the Masters in Lunacy. Here, then, is another instance of divided jurisdiction, although it is one wherein there are no cross-purposes, the distinction of powers and duties being accurately defined in most respects. Perhaps the separation of the two authorities is too distinct and too wide, and a united jurisdiction might work better; but on this point we forbear to speak, not having the knowledge of the laws of property and of their administration necessary to guide us to a correct conclusion. Yet we may thus far express an opinion, that the visitation of lunatics, whether found so by inquisition or not, should devolve on the members of the Lunacy Commission. We can perceive no reason for having distinct medical visitors to Chancery lunatics; as it is, a large number of such lunatics is found in asylums and licensed houses, and comes therefore under the inspection of the Commissioners. Thus, according to the returns moved for by Mr. Tite (1859), it appears there are 602 lunatics, in respect of whom a Commission of Lunacy is in force, and of these, 300 are inmates of asylums; therefore one-half of the entire number of such lunatics is regularly inspected by the Lunacy Commissioners, and the visits of the “Medical Visitors of Lunatics” are nothing else than formal; we would therefore suggest that two Assistant Commissioners should be added to the Lunacy Board, who should receive the salaries now payable to the Chancery lunatics’ medical visitors, be disallowed practice, and be entirely engaged as medical inspectors under the direction of the Board; or that, in other words, the moneys derived from the Lunacy Masters’ office should be paid over to the Commission for its general purposes, upon its undertaking to provide for the efficient protection and visitation of all lunatics, so found on inquisition.

The plan of bringing all lunatics and all so-called ‘nervous’ patients, whether placed out singly or detained in asylums of any sort under the cognizance and care of the Commission, as enlarged upon in previous pages, would materially augment the labours of the central office; and, in our humble opinion, a greater division of labour than has hitherto marked the proceedings of the Commission would greatly facilitate the work to be done. At present, the members of the Commission perform a threefold function; viz. of inspectors, reporters, and judges. The task of inspecting asylums and their insane inmates, of ascertaining the treatment pursued and examining the hygienic measures provided, is peculiarly one falling within the province of medical men, and should be chiefly performed by medical Commissioners. On the other hand, the business of the Board, in its corporate capacity, is only indirectly and partially medical. Lord Shaftesbury, indeed, goes so far as to say (query 14, Evid. Com.) “that the business transacted at the Board is entirely civil in ninety-nine cases out of one hundred. A purely medical case does not come before us once in twenty Boards.” These considerations certainly appear to indicate a natural and necessary division of the Board into a deliberative central body, sitting en permanence, once, twice, or oftener in the week, if necessary, and a corps of visitors and reporters to examine the state of asylums and the insane throughout the country. This division of the Commission would obviate the chief objection to an increase of the number of members; viz. that a larger number of Commissioners than at present would render the Board unwieldy, and rather impede than facilitate its business as a deliberative assembly. We entertain, moreover, the opinion that it would be more satisfactory to those who sought instructions, or whose affairs or conduct were in any way the subject of investigation, to have to deal with such a permanent deliberative or judicial body as proposed, than with one combining, like the members of the present Board, the various functions of inspectors, reporters, and judges; a condition, whereby any question agitated must, to a certain extent, be prejudged by the official reports of the very same persons called upon to examine it.

Again, if this proposed division of the Lunacy Board took place, it would furnish a better justification for increasing certain of its powers, as these would be wielded by a permanent deliberative body, instead of, as at present, by a Commission exercising mingled functions. The value of the Board would be increased as a court of reference in all matters, such as the construction and the size of asylums, where the authority of the State, by duly ordered channels, is called for to overrule the decisions of local administrative bodies. Lastly, this arrangement would facilitate the amalgamation, proposed by some persons, of the office of the Masters with the Commission in Lunacy; or it would, at least, render the co-operation and combined action of the two offices more simple and easy.

There are other reasons for an increase of the staff of the Lunacy Commission, following from the amount of work which, by any revision of existing statutes, must fall within the compass of its operations. For instance, we regard the suggestion that we have made, that no uncured lunatic or ‘nervous’ patient should be removed from an asylum or other establishment, without the sanction of the Commissioners and their approval of the place and conditions to which the removal is intended,—as very important for the protection of the insane. To carry out this duty will involve a certain amount of labour, particularly as it would often require some member of the Commission to examine the patient and the locality in which it is proposed to place him, and to report on the expediency of his removal. Often, perhaps, this business might be entrusted to the district medical officer, particularly in the country. On the other hand, in the metropolitan district, the work of district medical officers might be advantageously performed,—at least in all that concerns the insane,—by a couple of the Assistant Commissioners hereafter spoken of, in addition to their other duties elsewhere.

Another piece of evidence, to our apprehension, that the present Commission is inadequate to the multifarious duties imposed upon it, is, that the Commissioners have never hitherto effectually inspected gaols, nor succeeded in getting imbecile and lunatic criminals reported to them with the least approach to accuracy. The inspection of workhouses proved that it did not suffice to receive the reports of workhouse officials respecting the existence and number of insane inmates, but that, to ascertain these facts, personal examination by the Commissioners was necessary; and there is no satisfactory reason for supposing the discrimination of insane prisoners to be much better effected than that of workhouse lunatics, in the many prisons distributed over the country. It comes out, in the course of the evidence before the Select Committee, 1859, that the Commissioners know little about the insane inmates of gaols, and that reports of the presence of such inmates are but rarely supplied them. The law requires the Commissioners to visit gaols where any lunatics are reported to them to exist; but the duty of reporting is made the business of no particular individual, and therefore, as a natural consequence, no one attends to it. In the evidence referred to, the case of ten alleged lunatics, committed to York Castle and imprisoned there for a series of years, as criminals acquitted on the ground of insanity, elicited much attention, and Lord Shaftesbury alluded to the interference of the Lunacy Commission on behalf of several lunatics in different prisons. The fact we have brought to light from one Government report, as stated at p. 6 of this treatise, is of much moment in discussing the present subject; viz. that there were as many as 216 persons of unsound mind in the ten convict prisons under the immediate control of the Government, in the course of one year, and that of these the Dartmoor Prison wards contained as many as 106 such inmates. There is no allusion, in the Commissioners’ reports or in the printed evidence of the Select Committee, to show that these insane prisoners were visited by, or known to, any members of the Lunacy Board. But, besides these insane inmates thus distinctly made known to us to exist in so few prisons, there must be many more detained in the numerous houses of detention throughout the kingdom. These facts render it an obvious duty on the part of the Commission of Lunacy to ascertaining the number and condition of this unhappy class of lunatics, and to order suitable provision to be made for them. There is a disposition on the part of some visitors of gaols to erect, or set apart, special wards for lunatic prisoners; a system to be much more deprecated than even the establishment of lunatic wards in connexion with workhouses, and one which will require the active interposition of the Lunacy Board to discourage and arrest.

It were easy to take up the duties of the Commissioners in Lunacy in detail, and to show that they cannot be efficiently performed by the existing staff; but the fact will be patent to any attentive reader of this chapter and of the foregoing dissertations on the provisions necessary for the care and supervision of lunatics in general. The scheme which we have, with all due deference to established authorities, sketched in outline, to increase the jurisdiction and usefulness of the Lunacy Commission, provides for a division of its staff; in the first place, by altering to a greater or less extent the character and position of the present Board, so as to constitute it a fixed central Commission or Council, chiefly charged with adjudging and determining questions put before it; with superintending the public arrangements for the interests of the insane generally, and with providing for the good and regular management, organization, and construction of lunatic asylums; and in the next place, by instituting, in connexion with this head deliberative body (which need not, by the way, consist of so many members as the present Commission), a corps of Assistant Commissioners, specially charged with the duties of visitation, inspection, and reporting, and with the carrying out of the resolutions determined on by the deliberative council. At the same time, the power of visiting and reporting might still be left with some Commissioners under certain circumstances, as well as in making special investigations, and in examining matters of dispute raised upon the reports of the Assistants.

Though differing from so high an authority as the noble chairman of the Lunacy Board, we must say that we cannot conceive of it as at all a necessary consequence, that, if the work of visitation to asylums and lunatics is performed by a class of inspectors or Assistant Commissioners, and not by the present members of the Commission, it must be indifferently done, and prove a source of dissatisfaction:—that is, we have no such apprehensions, provided always that proper men are appointed, and that their official status is made what it ought to be, both in remuneration and in independence of position. Nor can we agree to the giving up of the proposed plan on the score of its expense. If the whole of the lunatic and ‘nervous’ people suffering confinement in this country are to be brought within the knowledge and under the supervision of the Lunacy Commissioners, if the enlarged provisions of the law necessary for their proper care and treatment,—and even those only among them proposed by the Commissioners themselves are to be carried into effect,—the Commission must be increased. And, instead of adding new Commissioners on the same footing and salary as the existing ones, we believe the public would be better served by the appointment of Assistant Commissioners with the duties we have proposed,—two of whom could be remunerated at the same outlay as one full Commissioner. Moreover, we have proposed that the sum payable out of the Masters’ office to medical visitors be devoted to the purposes of the Commission; and, if our notion of a central deliberative body were accepted, one legal and one medical member of the present Commission could well be spared to undertake more especially the duties of visiting Commissioners.

Lastly, if the jurisdiction and powers of the Commission were extended to all lunatics living singly and to so-called ‘nervous patients,’ a considerable addition to the treasury would be obtained, even by a small tax, or per-centage on income. Probably six Assistant Commissioners, constantly employed in the work of inspection, with the aid of two visiting chief Commissioners from the present Board, would suffice for the discharge of the duties to be entrusted to them. If so, the cost of six such additional officers would be very trifling, covered as it would be by increased funds passing into the hands of the central office in the administration of the improved legislation.