When medical persons depose that the mind of an individual is unsound, (which character of intellect, if accredited by the jury, would induce them to find the commission,) they ought, at the same time, to define precisely what they mean by such term:—and the jury, when they "proceed to infer" this unsoundness, ought to be in possession of sufficient and well-defined premises, to warrant such inference. But where are these materials to be found? There is a strong presumption that this unsoundness remains an unsolved problem to the present hour, and it is exemplified in the difference of sentiment that prevailed on a late occasion,[B] between the most eminent of the medical profession; where the same opinions and conduct impressed certain physicians, that this nobleman was
of sound mind, and others that his mind was thoroughly unsound: so that the jury were to proceed to make their inference from the opposite testimony, deposed by the medical evidence, or to proceed to hold such evidence in little esteem from its contrariety on a subject which these physicians professed to illustrate. The term unsoundness, applied to designate a certain state of the human mind, hitherto undescribed, has not originated with medical persons; to them, therefore, we cannot refer for the solution of its import, and there can be no analogy between the definite unsoundness of animal and vegetable substances, and any condition of the intellect. Timber is said to be unsound, and although we may be little acquainted with the cause by which it is produced, yet its actual state of rottenness is evident:—a horse is unsound, in consequence of some morbid affection that can be pointed out by the veterinarian:—a dentist can detect an unsound tooth:—a physician, from certain well marked symptoms, concludes that the lungs or liver of an individual are unsound:—particular doctrines are held to be unsound, because they deflect from such as are orthodox, and it is presumed there may be an unsound exposition of the law. The human mind, how
ever, is not the subject of similar investigation; we are able to discover no virus by which it is contaminated—no spreading rottenness—no morbid leaven that ferments, or canker that corrodes it.
Although we may apply the word unsoundness, in a figurative or metaphorical sense, to the human mind, yet we cannot detect in it any of the marks or indications that characterize the unsoundness of substances acknowledged to be in that state: it is, therefore, under this conviction, and with the view of increasing our knowledge of the human intellect, that, on the behalf of the members of the medical profession, I venture to solicit your Lordship, on the first opportunity that may occur, to elucidate the nature of this UNSOUNDNESS OF MIND, so that physicians may be enabled thoroughly to ascertain its existence, and conscientiously depose to that effect, and also that it may be recognized by the jury, when they "proceed to make their inference," in order that, by their return, your Lordship may appoint the proper committees of the person and property.
Respecting the human intellect, two very opposite opinions prevail among physiologists and
metaphysicians. One party strenuously contends that the phenomena of mind result from the peculiar organization of the brain, although they confess themselves to be as "entirely ignorant how the parts of the brain accomplish these purposes, as how the liver secretes bile, how the muscles contract, or how any other living purpose is effected."—The other maintains that we become intelligent beings through the medium of a purer emanation, which they denominate SPIRIT, diffused over, or united with, this corporeal structure. The former of these suppositions is held by many grave and pious persons to be incompatible with the doctrines of the Christian Religion; and if I am not mistaken, your Lordship, on a late occasion, after having perused a work attempting to establish such principles, did incline, by "rational doubts," to suspect that these opinions were "directed against the truth of Scripture."
It is particularly fortunate that the arguments concerning the nature of unsoundness of mind and imbecility do not involve either of these presumptions:—if the most decided victory over their opponents were to be conceded to the fautors of organization, no advantage could be derived from
their philosophy by lawyer or physician, whose object is to ascertain the existing state of an individual's mind, and not to detect the morbid alterations of the cerebral structure by the scrutiny of dissection: nor is it necessary, for the elucidation of the present subject, to contend for the pre-eminence of the spiritual doctrine, as it would be extremely difficult, and perhaps irreverent, to suppose, that this immaterial property, this divine essence, that confers perception, reverts into memory, and elaborates thought, can be susceptible of unsoundness. These high attributes, proudly distinguished from perishable matter;—this sanctuary, which "neither moth nor rust doth corrupt," cannot undergo such subordinate changes, without an obvious degradation.
To the furtherance of that pure and substantial justice, which it has been the tenor of your Lordship's ministry to award, these metaphysical disquisitions will in no manner contribute; nor will they assist the medical practitioner in the attainment of his object, which is to ascertain the competence of an individual's MIND, to conduct himself in society, and to manage his affairs. By the abstract term MIND, is to be understood the aggregate
of the intellectual phenomena, which are manifested or displayed to the observer by conversation and conduct; and these are the only tests by which we can judge of an individual's mind. The boasted deciphering of the human capacities or moral propensities, by the appearances of the physiognomy, or by craniological surveys—the mysterious pastimes of anatomical prophets, will never be accredited in a court of justice while your Lordship guides the helm.