LECTURE VII.

THE NATURE OF INSANITY.

The subject of the present lecture, gentlemen, is "Insanity."

I. This subject belongs to a course of Medical Jurisprudence, because a physician who treats patients for insanity is liable, from time to time, to be cited before a court of law either as a witness or as an expert. His conduct in such cases is to be guided by the principles of natural and legal justice.

Various important cases at law turn upon the question of a person's soundness of mind; and frequently the medical expert has it in his power to furnish the court with more reliable information in this matter than any one else. At one time, the validity of a last will may be contested, and the possession of a fortune by one party or another may hinge on the question whether the testator at the time of making his will was in sufficient possession of his mental powers to perform an act of so much consequence.

At another time, interested parties may plead for or against the validity of a sale or other bargain made by a person of doubtful competency of mind; or a life-insurance company may be interested in ascertaining the mental condition of an applicant for membership; or it may be questioned whether the payment of an insurance policy is due to the family of a suicide, the doubt depending for solution on the sound or unsound condition of his mind at the moment of the fatal act. Again, there may be a real or pretended doubt whether a certain property-owner is so far demented as to be unfit to manage his estate; or whether he needs a guardian to take care of his person; or it may even seem necessary to confine him in a lunatic asylum. There may be objections raised to the mental soundness of a witness in a civil or a criminal suit; or, finally, a criminal prosecution will depend mainly on the sanity or insanity of the culprit at the moment when the crime was committed; as was the case with a Prendergast and a Guiteau.

You see, then, gentlemen, that important interests are dependent on the thorough and correct understanding of this matter; and therefore much responsibility rests upon the experts consulted in such cases: property, honor, liberty, nay, even life itself may be at stake.

That cases involving an insane condition of mind must be of frequent occurrence, both in the medical and in the legal professions, is apparent from the large and rapidly increasing amount of lunacy in our modern civilization. Wharton and Stille's "Medical Jurisprudence" states (sec. 770, note) that in 1850 there was in Great Britain one lunatic to about one thousand persons; only thirty years later the Lunacy Commission of Great Britain reported one lunatic to 357 persons in England and Wales, that is, nearly three times as many. In New York there is one to 384 persons. It appears certain that its increase of late is out of all proportion to the increase of population; and even though I see reasons to distrust somewhat the figures quoted for England, enough is known to create serious alarm regarding the fruits of modern manners and customs on the minds of thousands. This fact makes the matter of insanity very important for the medical and the legal student.

II. Still it must be noted that the responsibility of deciding cases of lunacy does not rest chiefly with the medical expert. In cases of doubtful insanity the decision is to be given not by the Doctor but by the court of justice. Except on very special occasions, as when a physician is appointed on a committee or commission of inquiry, he appears before a court either as an ordinary witness, stating what facts have fallen under his personal observation; or as an expert, explaining the received opinion of medical men with regard to cases of a certain class. Even though he feels convinced that the culprit or the patient is as mad as a March hare, the physician cannot expect that his statement to that effect will be received as decisive. It is for the judge to instruct the jury what kind or degree of insanity will excuse a culprit from legal punishment, or will disqualify a person from testifying as a witness, or from being a party to a civil contract in certain cases; and it is for the jury to decide whether, in the case in hand, the fact of such insanity exists or not. In criminal cases, the jury pronounces on the double question, whether the accused did the act charged to him, and whether he has been juridically proved to have been accountable for the act under the laws as expounded by the judge.

1. To come to a decision on this double question, the jury might need to hear the facts stated which the physician has personally observed, and of which he is summoned to be a sworn witness. In such a situation all that is required of the Doctor is that he shall give a most faithful and intelligent account of the facts.

It would disgrace his standing in society if any fault could be found with his testimony; and, as a sworn witness, he is bound in conscience, like any other witness, to state the truth, the whole truth, and nothing but the truth. This is always the case when the purpose of the inquiry is the discovery of the sane or insane condition of a person's mind. But if the inquiry concerns the performance of the guilty act, the commission of the crime, many States of the Union, as explained before, consider the Doctor's professional secrets as privileged, just like those of the lawyer and the clergyman; i.e., the Doctor must not use against his patient any knowledge he has become possessed of while acting as his medical adviser.

2. When the physician appears before a court or commission as an expert, he is expected to give the views of the medical profession upon hypothetical cases resembling the one under examination, and the scientific reasons and authorities on which those views are advanced.

3. But here a considerable difficulty presents itself; it is so serious that, owing to it, the weight of the medical expert's testimony with judge and jury is often much less than could reasonably be desired. The difficulty is to ascertain what really are the views of the medical profession on any given subject. Of course no individual Doctors can put themselves up as representing the convictions of the medical profession, nor can they always appeal to the unanimous agreement of their leading men. Leading physicians, unfortunately, are far from entertaining concordant views on many most vital questions. It is this want of agreement that has made the testimony of experts so powerless to sway the minds of judge and jury.

The medical profession has no organization through which it can pronounce judgment. In fact, many of its most conspicuous members have adopted principles at variance with the deepest convictions of mankind generally; such, for instance, are the followers of Darwin, Huxley, Maudsley, and similar agnostic and materialistic leaders of modern thought.

4. What still further diminishes the credit of medical experts is the fact that, both in civil and criminal trials, they are summoned either by the defence or by the prosecution, and are thus naturally selected, not on account of their thorough knowledge, but on account of their peculiar views known beforehand to the parties citing them. Thus their testimony is likely to be partial to either side, and is distrusted; at least it fails to command perfect confidence. The only way in which the prejudices thus created against the physician can be overcome is by his acquiring thorough knowledge of his specialty, and showing himself on all occasions to be as honorable and faithful as he is evidently experienced and intelligent.

5. The medical profession could be brought to be much more useful to society for the discovery of insanity if we could have here something like what exists in some parts of Germany. "The practice obtains there of requiring the medical faculty of each judicial district to appoint a special committee, to which questions of this kind are referred. This committee is examined directly by the court, and gives testimony somewhat in the same way, and with the same effect, as would a common-law court when reporting its judgment in a feigned issue from chancery, or as would assessors called upon under the canon law to state, in proceedings under the law, what is the secular law of the land on the pending question" (Wharton and Stille, sec. 274).

The matter of introducing some such practice into this country has been agitated of late, and may by and by lead to beneficial results. Dr. Shrady has taken steps to promote this object by striving to have a law enacted by the New York legislature providing for the regulation of expert medical testimony in jury trials. According to his plan, once such a commission has been established, the court is to send the medical issue to these experts, just as it sends other issues to special juries to be decided. The regular petit jury will then decide only upon the facts constituting the crime.

This would do away with special pleas of insanity before a jury that knows little or nothing about the nature of the disease, and whose sympathies may readily be worked upon by shrewd lawyers to render a verdict of acquittal.

As things are now, the medical expert, summoned to testify in a case of contested sanity or insanity of mind, ought to rise above minor considerations, and promote the cause of justice, by giving all the valuable information that his profession enables him to acquire on the very difficult subject of mental unsoundness.

6. For this purpose, he must be skilled in three departments of science.

(a) In law—sufficiently to understand what are considered by the courts as characteristic marks of an insane mind, and what amount of sanity the courts require to hold a culprit responsible for his crime or a contract valid in its effects.

(b) In psychology—to such an extent that the expert witness can speak analytically and correctly as to the properties and actions of the human mind.

(c) In medicine—so far as concerns the treatment of the insane, and the understanding of their peculiarities, so as to reason from them by induction to the real condition of the client's or patient's mind.

But the main requisite for an expert witness is to understand clearly in what insanity properly consists, and how far it ought to excuse an insane man from bearing the consequences of his acts.

III. This two-fold knowledge is obtained by the psychological study of insanity, on which study we are now to enter, and it is the principal point in this whole matter.

Insanity means a want of soundness; he is insane whose mind is not sound, but is deranged, and therefore, like a machine out of order, it cannot properly perform its specific task, namely, to know the truth of things. An insane man cannot judge rightly.

1. Insanity takes various forms, which may be reduced to two kinds, with the doubtful addition of a third kind, namely, moral insanity, of which we shall speak in our next lecture.

The first kind consists in the total want or gross torpor of mental activity. When there is a total, or nearly total, eclipse of the intellect, the disease is called idiocy, the state of an idiot. When there is an abnormally low grade of the reasoning power, it is styled imbecility. The failure or decay of reason in old age is called dotage.

The second kind of insanity is called illusional or delusional. In it the intellect is not impotent; on the contrary, it is often unusually active; but its action is abnormal, its conclusions are false. Not that it reasons illogically or draws conclusions which are not contained in the premises. Very keen logicians may be demented. Their unsoundness arises from the fact that they reason from false premises; and they get their false premises from their diseased imaginations, whose vagaries they take for realities.

2. Here a difficulty presents itself, which we must explain at once, namely, how can there be unsoundness of mind at all? Is not the intellect of man a simple power, and his soul a simple being? How can a simple being become deranged? Can that which has no parts become disarranged, disorganized? I answer, the soul is a simple being, its intellect is a spiritual faculty; and therefore we never say that the soul is insane, nor should we say that the intellect is insane or diseased; but we say that the mind is deranged or insane; the mind comprises more than the intellect; it designates the intellect together with those lower powers that supply the materials for our thought, the chief of which is the imagination. Now the imagination is an organic faculty: it works in and by a bodily organism, which is the brain. Therefore, when the brain is not in a normal condition, the action of the imagination may be disordered. And the intellect or understanding of the spiritual soul is so closely united in its action and its very being with the organic body that the two ever act conjointly, like the two wheels of a vehicle. If one wheel breaks down, the other is thrown out of gear. Thus it is readily understood that mental unsoundness is an affection of the brain, a bodily disease, which may often be relieved and even cured by bodily remedies, by the use of drugs or wholesome food, healthy exercise, fresh air, and all that benefits the nervous system.

Pathologically considered, the nerves may be too excited or too sluggish and torpid; and we have as the result two subdivisions of mental insanity—mania and melancholia. The differences between these two are very striking; as they proceed from opposite causes they produce opposite effects, and, therefore, they betray themselves by very different manifestations; but in one point the two agree, and with this point precisely we are concerned, because in it lies the essence of mental insanity, namely, that both produce a disordered action of the imagination.

3. The manner in which the imagination co-operates in mental action is this. It presents to the intellect the materials from which that power forms its ideas. When we see, feel, hear, taste, or smell anything by our bodily senses, our imagination takes note of the object perceived by forming a brain-picture of it which is called a phantasm. I do not mean to say that it forms a photographic picture of the object; for there can be no photographing taste or smell or feeling; but it forms an image of some kind which it presents to the intellect. This power at once proceeds to form, not a brain-picture, but an intellectual or abstract image of the object presented. For instance, you see this book, and at once you, in some mysterious way which has never yet been explained, impress some image of it on your brain. That you do so is clear from the fact that the image remains when the book is withdrawn. That material image or brain-picture is the phantasm. It is not an idea, though it is often improperly so called. But your intellect forms to itself an idea of a book; that is, you know what is meant by a book. You distinguish between the mere form of a book and the book itself. Your idea of a book is a universal idea, which stands for any book, no matter of what shape or size. Every phantasm, or brain-picture, is a representation which presents its object as having a definite shape or size, while your idea of a book ignores any shape or size. And yet, when your intellect conceives a book, your imagination will picture some particular form of book. If your brain became so affected by disease as to be unfit for the formation and retention of the proper phantasms, then your intellect either would not work at all or it would work abnormally; your mind would then be insane.

4. Now, in an infant the brain is still too soft and imperfect to form the proper phantasms from which the intellect is to elaborate its ideas. A false school of psychology would say that the infant's brain cannot yet ideate; but that is incorrect language. No brain can ideate or form ideas; an idea is an intellectual or mind image, not a brain image; it is an abstract and universal image, and matter cannot represent but what is concrete and individual. Only a simple and spiritual being, the rational soul, can form ideas. Nevertheless our soul, in its present state of substantial union with our body, is extrinsically dependent on the body; to form ideas it needs to have the sensible object presented to it by a phantasm or brain-picture. Now, a child born blind and deaf, and thus having its mind, as it were, cut off from communication with the outer world, could scarcely form the necessary phantasms, because the clogged senses could not supply proper materials for them; such a child would, therefore, be apt to remain idiotic. And even in children whose outer senses are sound the brain or the nervous system may be too imperfect to allow of its forming proper phantasms. In this torpor of the mind then consists the first kind of mental unsoundness, that of idiocy, or its milder form imbecility. In old age, and in peculiar diseases, the worn-out system may return to a second childhood, then called dementia or dotage. The existence of such species of insanity is not difficult to discover.

5. The second and more common form of insanity, and that which it is often difficult to discover and pronounce upon with certainty, is that which I have called delusional or illusional. Its characteristic trait, its very essence, lies in this, that the insane man mistakes what he imagines for what is real; and he cannot be made to distinguish between imagination and reality, though the difference is obvious to an intellect in its normal state.

In this connection, it is well to point out a distinction, not always observed, but useful to explain the workings of an insane mind, between illusions, hallucinations, and delusions.

(a) An illusion is properly a deception arising from a mistake in sense-perception; as when a half-drunken man sees two posts where there is only one. He has a picture of the post in each eye, and his brain is too much disturbed to refer the two pictures to the same object. In this case the cause of the mistake is subjective. A mirage offers another instance of a sense-illusion; but in it the cause is objective.

(b) A hallucination is a creation of the fancy mistaken for a reality. The deception may be but momentary, as when Macbeth is stealing on tiptoe to the chamber of his guest to murder him. His mind is disturbed by the imagination of the horrid deed he is about to perpetrate. He thinks he sees a dagger in the air, and he says: "Is this a dagger that I see before me, its handle towards my hand? Come, let me clutch thee. I hold thee not, and yet I see thee still; and on thy dudgeon gouts of blood, which was not so before." But Macbeth, upon a moment's reflection, sees it is all imagination. "There's no such thing," he exclaims. He is not insane, though deceived for a while.

(c) A delusion, on the contrary, is a permanent deception, whether it results from an illusion or a hallucination, it matters not; as a fact, it almost always originates in hallucinations. The deluded man clings to his imaginings; you cannot talk them out of his head. Such is the case of an inebriate who suffers from mania a potu, or "the horrors;" he sees snakes and demons, he thinks, and persists in his error. Such also is a fixed idea not arrived at by faulty reasoning, but come unbidden and proof against all reasoning and evidence. Thus an insane man may be convinced, solely by his imagination, that he is poisoned or pursued or conspired against.

6. This delusion constitutes the essence of mental insanity, which therefore is often called delusional insanity. It may be chronic, i.e., of long continuance, or it may be temporary, acute. For the time being, the effects are the same. Perhaps any man may, at times, be for a moment thrown off his guard, and mistake a fancy for a reality; this does not constitute lunacy. But when the error is so firmly held in the mind's grasp that nothing can dislodge it thence, then the mind is deranged in its special sphere of action, which consists in knowing the real from the unreal; the mind is then insane.

You notice, gentlemen, that I speak of the mind as grasping the error, and I suppose it to do so independently of the free will's command. But when the error is voluntary; when a man clings to it simply because he loves it; when he hugs a delusion to his heart, this shows not mental but moral obliquity; it is not insanity but self-deception, and it is by no means of rare occurrence. In a well-reasoned article on "The Metaphysics of Insanity," written by Mr. James M. Wilcox and printed in the "American Catholic Quarterly Review" for January, 1878, some very severe and no less true strictures are made upon the readiness of a vast multitude of people to practise this wilful self-deception. "Self," he writes (p. 54), "is the prolific origin of such errors; and so indulgent are we to its faults that we try secretly to hide them even from our own eyes, mostly with success; and where success is not perfect, we make a second effort to hide the imperfection. Repeated efforts of this kind, from which we but half turn away, are crowned in the end, and we soon forget what successful hypocrites we have been. Our numerous passions, the complexities of our desires, the tenacity of their grasp, and the pleasant gentleness of its touch explain an infinity of temptations followed by wilful successes in blindness, all of which are nothing less than guilty acts of self-deception."

7. It oftens happens in real insanity that mental derangement manifests itself upon one error or one group of errors only, while for all the rest the patient appears to be quite rational. Such a man is called a monomaniac. But he is truly an insane man; for the essence of insanity is in him. It is usually found that a monomaniac will, sooner or later, exhibit signs of mental unsoundness on other matters as well; and even while he has given no such signs, it still remains true that a mind cannot be trusted, but has something radically unsound about it, if it is really unhinged at any point at all.

But then you must be very careful not to confound monomania with eccentricity. The distinction is as important as it is real. Eccentricity is a conscious aberration from the common course of life; it consists in peculiarities in reasoning, words, and actions, which are wilfully indulged, in defiance of popular sentiment. The eccentric man knows that he is eccentric; he is willing to be so, and to take the consequences; but he is not insane.

As this matter is of frequent occurrence before the courts of justice, and the validity of last wills in particular often depends on the view that judges and expert witnesses take of it, I think it well to refer the earnest student for further information to Wharton's and Stille's "Medical Jurisprudence," in the volume on "Mental Unsoundness and Psychological Law;" in particular to secs. 29, 38, 39, 40.

8. We must now return to the consideration of the manner in which the disturbance of the brain may affect the mind. The brain is a storehouse of records of things formerly noted there by the imagination, either as the results of sense perception or of arbitrary combinations of phantasms; it is a library of facts and fancies. And these are not single, but grouped together, so that when one is stirred it will arouse others as well. When the brain is affected, whether by an acute or a chronic derangement, its images may become so disordered that records of mere imaginations get mixed up with records of real perceptions in inextricable confusion. You may have had occasion to notice the process in the case of a man who is becoming intoxicated and then passes on to mania or delirium tremens: he gradually proceeds to mix up brain-pictures with realities, and after a while he speaks and acts like a very crazy man. He is in a kind of dream; his imaginations are wild and disconnected, his language is incoherent.

The delirium arising from violent fevers, for instance from typhoid fever, is very similar to that arising from the excessive use of intoxicants and narcotics; similar in these respects; that the mania is only temporary, and that the exciting cause is not altogether unknown.

The bacilli of the infection, like the alcohol, the opium, the morphine, or other drugs, are accountable for the disordered action of the brain. But I do not pretend to know, nor do medical writers generally pretend to understand, how the poison, or whatever causes the disease, gets to affect the brain. Does it do so directly, or by means of the alteration it causes in the whole nervous system or in the blood? We do not know; nor does it matter for the purposes of Medical Jurisprudence.

IV. The questions with which the courts of justice, the lawyers, and the expert witnesses are concerned are these: Is the man really insane? Or was he insane at a given time when he performed a certain civil or criminal act? Is he now, or was he then, so far controlled by his mental unsoundness as to be incapable of acting like a rational being accountable for his actions? Even if he is now, or was then, a monomaniac, can the deed in question be traceable to his monomania as to its real cause?

1. When we know that a man is suffering from a fever, or has been drinking to excess, or has been addicted to the use of morphine, opium, cocaine or to similar deplorable practices, it is then easy enough to conclude from this that he is not in his right senses; knowing the cause, we can fairly estimate the effect. But in many cases of delusional insanity the cause is hidden; neither pulse nor other medical test betrays it. Whether the mind is sane or not is then to be found out from the man's words and actions; and these may be affected for a purpose: he may play the fool to escape punishment.

2. Phrenologists have pretended that the peculiarities of a person's mind could be known by the conformation of his brain, and even by the elevations and depressions of the skull. But brain and skull do not always correspond with sufficient closeness; and besides, Sir William Hamilton has shown conclusively, I believe, that phrenology is quackery; its principles are not scientific and its observations not reliable. He points out, among other errors, that while women as a class are more religiously inclined than men, what phrenologists call the bump of reverence, an important element in religious sentiment, is generally more developed in men than in women, and is often most conspicuous in reckless criminals.

Nor is it at all certain that a lunatic's brain, if it could be examined with a microscope while he is alive, would exhibit the marks of any disorder to the eye of the observer. It is stated by Dr. Storer that the results show that "insanity may exist without structural changes of the brain, and that structural changes in the brain may exist without insanity." Dr. Bell, of the Somerville Asylum, says that "the autopsies of the insane generally present no lesion of the brain." Dr. Bucknil maintains that "the brains of the insane appear to be certainly not more liable than those of others to various incidental affections." Nor has the microscope discovered in the demented any exudation or addition to the stroma of the brain, or any change in size, shape, or proportional number of its cells. Dr. Storer concludes: "It is thus seen not merely that there is no direct correspondence between the exterior of the skull and mental integrity, any more than between the exterior of the skull and the shape and consistence of its contents" (Wharton and Stille, "Mental Unsoundness," sec. 323). In the cases of insanity among women, the causes are largely to be found in derangement of their productive organs, and are to be met by special local treatment (ib.).

It does happen, however, at times, that the brain itself is diseased, idiopathically diseased, as it is technically called; but at other times it is merely affected by sympathy with some other organ that is physically deranged. A physical cause there is for all mental insanity, and that physical cause determines its kind of mania or melancholia, its duration, its chances of a perfect cure. But what that cause is in a given case is often very hard if not impossible to determine. Besides natural and inherited predispositions—some taint of derangement in the family, often betrayed by fits of epilepsy, hysterics, etc.—exciting causes are usually traceable. Every form of disease may bring on sympathetic affection of the brain when the circumstances for such affection are favorable.

But while affirming that the disease usually arises in the body, and even frequently in parts far removed from the brain, we must not deny nor ignore the fact that intellectual and protracted worry, or sudden and violent grief, can also be the direct cause of disturbance in the brain. For the brain is the organ not of the imagination alone, which is put to an unhealthy strain by excessive mental labor, but probably also of the passions, whose emotions when excessive may cause even permanent lesion. Hence mental insanity may and does often arise from ill-subdued passions.

The knowledge of all this may enable the physician to remove the exciting cause or to mitigate its influence; it may also aid expert witnesses, judges, lawyers, and jurymen to ascertain the main fact with which the courts are concerned, namely, the presence or absence of mental insanity at the time of a given civil or criminal action.

V. Supposing then that, in the case before the court, the fact of insanity is established, the next question of Jurisprudence to determine is this: How far and why ought such unsoundness of mind to exclude responsibility for deliberate acts?

It is a clear principle of reason that no man can justly be blamed or punished for doing what he cannot help doing; now an insane man cannot help judging wrong at times; he cannot then justly be blamed for acting on his mistaken judgments. If he invincibly judges an act to be morally good whereas it is morally bad, no matter how criminal the act may be—say the killing of his own father or child—if he commits the deed with the full conviction that he is doing right, he cannot be blamed or punished for committing that awful crime.

The principle then is clear that an insane man is not to be held responsible to God or man for his insane acts. For the root and reason of our responsibility for an act lies in the fact that we do the deed of our own free choice; knowing its moral nature, being masters of our own free will, so that, if we do one act in preference to another, we wilfully take upon ourselves the consequences of this preference as far as we can know or suspect them.

If we do what we are firmly convinced is right, just, worthy of a man, we deserve praise; if we do what we are convinced or suspect is wrong, unjust, unworthy of a man, we deserve blame and punishment. But an insane man may do the most unjust act, and yet feel invincibly convinced that it is just; he cannot then be held responsible for doing it, because the root of responsibility is then wanting.

I do not, however, maintain that one who is insane on any one point is thereby made irresponsible for all his actions. If he does what he thinks to be wrong, he acts against the dictates of his conscience, he deserves punishment from God; and if he violates a just law of the land, and it can be proved that his deed proceeded from a bad will, he may be punished by the civil courts as well, even though he is insane on other points. For instance, if a young man were to have a crazy notion that his father disliked him, that he is often in various ways unjust to him, and if, in consequence of this insane conviction, he were to attempt his father's life, he should be punished for the criminal act; because, even according to the way he views the matter, he could not be justified in killing his father for such a reason. It were different if he insanely imagined that his father was in the act of killing him, and that he could not escape death but by killing his father first; for then he could plead the right of self-defence against an unjust aggressor, as he foolishly imagines his father to be.

The conclusion then from all this explanation is that an insane man should not be held responsible for a deed which he insanely thinks to be right; but he is responsible for all his other acts.

In our next lecture we shall consider more fully the treatment of the insane by the civil and criminal tribunals.



LECTURE VIII.

THE LEGAL ASPECTS OF INSANITY.

In our last lecture, gentlemen, we considered the nature and causes of delusional insanity. We saw that its essence lies in mistaking imaginations for realities with a firmness of conviction which no argument to the contrary can shake. The reasoning of the insane man may be logically faultless, we said, but he reasons from false premises supplied to him by the phantasms of a diseased imagination. The cause of the disease I showed to lie in an abnormal action of the brain, which is the storehouse of the phantasms or brain-pictures. And this abnormal action may itself proceed either from a local lesion of the brain, or from a sympathetic affection due to indisposition in other parts of the human body. I finished by examining the responsibility of an insane man for his actions, and arrived at this practical conclusion, that a victim of delusional insanity should not be held responsible for any acts which he insanely thinks right, but should be held responsible for all his other human acts.

I. This teaching of psychological and ethical science is to-day the received rule of action followed by the courts of justice in England and the United States. Sound philosophy and positive law are in perfect agreement on this subject. But it was not so a hundred years ago. It is wonderful to us now how strange and erroneous were the views of insanity formerly entertained by English jurists. For instance, when, in 1723, Arnold was tried for shooting at Lord Onslow, the instruction given to the court was that, for one to be exempt from punishment in such a case, "it must be a man that is totally deprived of his understanding and does not know what he is doing, no more than an infant, than a brute or a wild beast." On such a theory, very few lunatics indeed would be acquitted; few ever are so totally demented.

The first jurist that pointed out the true test of insanity was Lord Erskine, who, in 1800, when Hudfield was tried for shooting at the king, delivered a celebrated speech, in which he maintained that the real test of insanity was in delusion: if delusion existed the man was insane; else, he was not insane. The deluded man, he said, might reason with admirable logic from his false principles; he was nevertheless demented if he mistook his imaginations for realities, and did so irresistibly and persistently.

Erskine's test has been, from that time on, followed in the courts of England. But you will notice, on careful consideration, gentlemen, that while the principle is correct so far as it goes, it does not go far enough to cover all cases of disputed responsibility. It will apply, indeed, to all cases of total insanity, that is, when the delusion existing in a lunatic's mind affects a variety of subjects; then his premises are never reliable, and therefore he cannot be held accountable for any of his acts.

But what if his insanity is partial only, if he is a monomaniac, deranged on one point and sound in mind on all other matters? This was not clearly understood till about the middle of the present century. In order to secure uniform views and action on this important matter, the British Parliament, in 1843, proposed various questions to the judges, with a request that they would agree upon and report answers. This investigation, and in fact the whole history of English legislation on insanity, is briefly and yet clearly explained in an article of Rev. Walter Hill, S.J., which appeared in the "American Catholic Quarterly Review" for January, 1880. The first question was: What was the law respecting the crime of one who is partially deluded but not insane in other respects, when he commits what he knows to be a crime in order to redress some wrong or obtain some public benefit? The answer was that such a one, even though insane, is to be punished for the crime which he knew he was committing.

To another of those questions the judges answered, that a person partially insane was to be treated as if the facts were just what he imagined them to be, as if his delusions were realities. His conduct was to be judged by his own premises. This was accepted as law by England, and is the law now both there and here, and, I suppose, throughout the civilized world. Now, these are exactly the conclusions about an insane man's responsibility which we had arrived at before, reasoning from psychological and ethical first principles.

It is therefore for the consequences of an insane delusion only that a man is not responsible before the inward court of conscience and the outward courts of justice.

But the case is altogether different when the error is not the result of insane delusion. When a man, sane or partially insane, has reasoned himself into a false opinion or conviction, not the result of his insanity, that the crime he is going to commit is justifiable, such conviction being his own free act does not exempt him from punishment. This was the precise point on which turned the celebrated case of Guiteau, the murderer of President Garfield. His trial before the Supreme Court, District of Columbia, December, 1882, was one of the most interesting that have ever occurred in this country or elsewhere in connection with the plea of insanity. In his very able and exhaustive instructions to the jury on that occasion, Judge Cox states the rule that is to guide the jury in these words: "It has been argued with great force on the part of the defendant that there are a great many things in his conduct which could never be expected of a sane man, and which are only explainable on the theory of insanity. The very extravagance of his expectations in connection with this deed—that he would be protected by the men he was to benefit, would be applauded by the whole country when his motives were made known—has been dwelt upon as the strongest evidence of unsoundness. Whether this and other strange things in his career are really indicative of partial insanity, or can be accounted for by ignorance of men, exaggerated egotism, or perverted moral sense, might be a question of difficulty. And difficulties of this kind you might find very perplexing if you were compelled to determine the question of insanity generally, without any rule for your guidance.

"But the only safe rule for you is to direct your reflections to the one question which is the test of criminal responsibility, and which has been so often repeated to you, viz., whether, whatever may have been the prisoner's singularities and eccentricities, he possessed the mental capacity, at the time the act was committed, to know that it was wrong, or was deprived of that capacity by mental disease."

What furnished the clearest proof, gentlemen, that Guiteau's opinion concerning the expediency of killing the President resulted not from an insane delusion but from his own reasoning is contained in a paper which he had himself drawn up to justify the murder.

It is an address to the American people, published on June 16, in which he says: "I conceived the idea of removing the President four weeks ago; not a soul knew my purpose. I conceived the idea myself and kept it to myself. I read the newspapers carefully, for and against the Administration, and gradually the conviction dawned on me that the President's removal was a political necessity, because he proved a traitor to the men that made him, and thereby imperilled the life of the Republic." Again he says: "Ingratitude is the basest of crimes. That the President under the manipulation of the Secretary of State has been guilty of the basest ingratitude to the Stalwarts, admits of no denial. The express purpose of the President has been to crush Senator Grant and Senator Conkling, and thereby open the way for his renomination in 1884. In the President's madness he has wrecked the once grand old Republican Party, and for this he dies.—This is not murder. It is a political necessity. It will make my friend, Arthur, President, and save the Republic," etc.

When instructing the jury, Judge Cox told them clearly that, if they found, from all the testimony presented, that the culprit had been led to commit the murder by an insane delusion, they were to acquit him; but that reasoning one's self into an opinion or conviction was not acting upon an insane delusion. "When men reason," he said, "the law requires them to reason correctly, as far as their practical duties are concerned. When they have the capacity to distinguish between right and wrong, they are bound to do it. Opinions, properly so called, that is, beliefs resulting from reasoning, reflection, or examination of evidence, afford no protection against the penal consequences of crime." On this precise point of the question then the verdict was to depend.

But to understand this matter thoroughly there remains one more important point to notice in the instructions of Judge Cox. It relates to the question on whom rests the burden of proof regarding the existence of insanity in the culprit. Is the prosecution bound to prove that insanity did not influence the crime? Or is the defence to prove that it did? And, in case neither party can prove its point to a certainty, so that the jury remains in doubt as to the existence or the influence of insanity in the crime, is the doubt to weigh in favor of the culprit or against him? The judge, after a careful exposition of the conflicting views on this subject by different courts, and after weighing their respective claims, favors the opinion which holds that "the sanity of the accused is just as much a part of the case of the prosecution as the homicide itself, and just as much an element in the crime of murder, the only difference being that, as the law presumes every one to be sane, it is not necessary for the government to produce affirmative proof of the sanity; but that, if the jury have a reasonable doubt of the sanity, they are just as much bound to acquit as if they entertain a reasonable doubt of the commission of the homicide by the accused."

But the jury, enlightened by the lucid instructions of the court, were convinced that Guiteau had not been led to commit the murder by an insane delusion, but by his own reasoning and his own free will, and that, therefore, he was to bear the consequences of his own deliberate choice. Their verdict was "guilty," and the political crank was hanged.

II. We have now done with the study of mental or delusional insanity; it remains for us to speak of moral insanity. Of late years, the legal and medical professions have been much divided upon the question whether there exists a disease which may properly be called moral, emotional, or affective insanity, and which can justly be pleaded as an excuse from legal responsibility.

Dr. Pritchard, and later on, Dr. Maudsley, with very many followers, have maintained the existence of such a disease, and have claimed that, even when it is not accompanied by any delusion, it ought, nevertheless, to free a man from all punishment for crimes committed under its influence. Moral insanity consists, they say, in a perversion of the will, which by this disease is deprived of its liberty, so that the morally insane man does what he knows to be wrong, but cannot help doing it. And they claim that therefore he cannot be blamed nor punished for the crime he thus commits, although he commits it knowingly and willingly.

But I absolutely deny that such a state of insanity is possible. It is against those clear principles of psychology and ethics which are not only speculatively evident, but practically necessary to maintain the fabric of human society. I do not deny that there exists an emotional insanity of another kind, which I will explain further on, but not an insanity of the will, as they understand it, which would excuse a man from the consequences of his wilful acts. Upon this subject Dr. Chipley justly remarks: "If one is born with all the emotional endowments of our nature, but destitute of understanding, his irresponsibility is unquestionable. The same is true when the faculties of the understanding are perverted, impaired, or destroyed by disease.

"In every aspect in which man's accountability is viewed, we arrive at the same point that its sole basis is the existence and soundness of the intellectual powers. Those wonderful endowments which so eminently distinguish man from other animals, which enable him to discriminate between good and evil, right and wrong, and to choose the one and avoid the other; or in the language of Judge Robertson, he is accountable because he has the light of reason 'to guide him in the pathway of duty, and a free and rational presiding will to enable him to keep that way in defiance of all passion and temptation.'

"If then accountability is a structure erected solely on the intellectual power, must it not remain unshaken so long as its foundation is sound and unbroken? Is it not illogical to set out with the fundamental proposition, that man is made responsible for his acts only because he is gifted with an understanding and then arrive at the conclusion that he may become irresponsible without the impairment or disease of any of its powers?" (Wharton and Stille, "Mental Unsoundness," p. 170.)

Gentlemen, let me give you a specimen of the false reasoning used in support of their theory by those who believe in the insanity of the will. "It would be as rational," says one of their leading writers in this country, "to punish a schoolboy whose antics and grimaces, the result of chorea [St. Vitus' dance], are a source of laughter and distraction to his schoolmates, as to inflict punishment upon the insane criminal who, knowing the difference between right and wrong, has it not in his power to execute that which his judgment dictates. One is under the dominant influence of insanity of the muscles, the other is under the influence of insanity of the will. To punish one would be as cruel as to punish the other." This is indeed a very illogical argument. The reason why we do not blame the boy is because his will is not in it; he moves against his will. The reason why we blame the other is because his will is in it; he does what he wills to do.

The will being a spiritual power can no more be diseased than can the intellect. But as the imagination, an organic power, can be disorganized by an affection of the brain, and by delusion deceive the intellect, thus producing mental insanity, similarly I fully admit that a man's passions, which are also organic powers, common to us and to brute animals, can become disordered by bodily disease; and the passions, when excited, will strive to drag along the consent of the will, as we all experience. A man whose passions are abnormally influenced by bodily disease, so that he is constantly inclined to act very unreasonably, may well be called morally insane. Such a state of insanity is not a rare occurrence, and there is no objection to denominate it emotional, affective, or moral insanity.

But in such a disease the will remains free; if a man does what he knows to be wrong and criminal, he then sees reasons for not doing it; and in this lies the root of his liberty. For seeing himself drawn in one direction by one motive and in another by another motive, he is not determined in his choice but by the act of his free will. A merely organic faculty must be determined by the stronger attraction, as is the case with brutes; but a spiritual faculty, as our will is, acts freely in choosing between two opposing motives of action. This is the philosophical or psychological explanation: and I am well pleased to find that here again, as in the matter of mental insanity, the courts of England and the leading courts of the United States follow the sound teachings of philosophy.

The nearest advance I know of, that has been made towards the recognition of this moral insanity as a total bar to responsibility, was made in 1864 by the court of appeals in Kentucky, and again in 1869 under the same presiding Judge Robertson. But Chief Justice Williams rebukes this strange ruling in most emphatic language. He says: "In all the vague, uncertain, intangible, and undefined theories of the most impractical metaphysician in psychology or moral insanity, no court of last resort in England or America, so far as has been brought to our knowledge, ever before announced such a startling, irresponsible, and dangerous proposition of law, as that laid down in the inferior court. For, if this be law, then no longer is there any responsibility for homicide, unless it be perpetrated in calm, cool, considerate condition of mind.

"What is this proposition if compressed into a single sentence? that, if his intellect was unimpaired and he knew it was forbidden both by human and moral laws; yet if at the instant of the act his will was subordinated by any uncontrollable passion or emotion causing him to do the act, it was moral insanity, and they ought to find for the plaintiff?... If so, then the more violent the passion and desperate the deed, the more secure from punishment will be the perpetrator of homicide or other crimes.... The doctrine of moral insanity, ever dangerous as it is to the citizen's life, and pregnant as it is with evils to society, has but little or no application to this case. Too uncertain and intangible for the practical consideration of juries, and unsafe in the hands of even the most learned and astute jurist, it should never be resorted to for exemption from responsibility save on the most irrefragable evidence, developing unquestionable testimony of that morbid or diseased condition of the affections or passions, so as to control and overpower or subordinate the will before the act complained of" (ib., p. 172).

You will notice, gentlemen, that Chief Justice Williams does not deny the existence of every kind of moral insanity. As I explained before, not the will but the passions may really be diseased or insane, and they may prompt the lunatic to commit very unreasonable and even criminal acts. When the impulse of a passion is violent, so that a man is carried along by it before he has had time to reflect on the criminal nature of his act, or at least before he could do so calmly and deliberately, the courts readily recognize such passion as a partial excuse: murder thus committed in a moment of strong provocation becomes manslaughter, not murder in the proper sense of the word. It is not justifiable; but yet it is far less criminal and less severely punished than when committed in cold blood, or, as the law terms it, with malice prepense or aforethought. This practice of our courts is right and highly reasonable, because on such occasions the will of the culprit is partly overpowered, or deprived of freedom.

It is a matter of much discussion among jurists whether a passion can ever be so violent as to overpower the will absolutely, so as to deprive it of all freedom at the moment. If it can, then the culprit should be totally acquitted for doing what he could not help doing. In several States of the Union, such an invincible impulse has been recognized by the courts of justice, and men have been acquitted for acting on what was supposed to be an invincible impulse to commit crime; the courts considered this as an extreme form of moral insanity.

I have shown above that on sound principles of philosophy the will can never be compelled to do wrong; at most it could be said that, in the cases just referred to, the will was not in the act. Now this, I suppose, is the case in hydrophobia or rabies, in which terrible disease the biting of the sufferer appears to be spasmodic, not voluntary. It is very doubtful whether such excuse can be substantiated in what is called moral insanity.

The courts of England and the leading authorities in the United States have never departed from this correct rule, that a man is accountable, to some extent at least, for whatever he does willingly and without the influence of delusion.

Moral insanity thus understood, as a derangement of the passions lessening a man's full mastery of himself, but not destroying it altogether, assumes various forms. There are kleptomania, or an abnormal impulse to steal; pyromania, an impulse to set things on fire; dipsomania, or an abnormal fondness for intoxicants; nymphomania, or the tyranny of lustful passions; homicidal mania, or a craving to commit murder; etc. In all these the nature of the disease is the same, it would appear. The imagination seizes the pleasure vividly, yet, it is claimed, without delusion: and the passion, owing to organic disorder, is abnormally excitable. The organic derangement is supposed to be in the brain. For the human brain, a masterpiece of the Creator's wisdom, is now generally believed to consist of various portions which are the organs of the passions, of motive power and the phantasms, erroneously called ideation. Hence it is easy to understand how it may happen that one portion is diseased while the other parts are in a normal condition. And on the other hand it thus appears very probable also that a brain partially diseased is liable to be soon affected in the other parts as well. Hence we may suspect that moral insanity is likely to bring on delusional insanity, and vice versa. In fact, I find that a medical expert of note, who had for many years taught that moral insanity was quite a distinct disease and separate from mental insanity, has in his old age changed his mind to some extent on this subject. "Of late years," says Dr. Bauduy, of St. Louis, in his learned work on "Diseases of the Nervous System," "I have believed, notwithstanding the doctrine of Pritchard, that a careful study of moral insanity will enable us to detect some evidence, although, it must be confessed, often very feeble, of mental weakening. Even the classic cases of Pritchard," he adds, "who first defined the so-called moral insanity, when carefully examined, will confirm this statement" (p. 227). Usually, as the same Dr. Bauduy explains, those who are morally insane are at least on the high road to mental insanity (p. 228). Moral insanity is known to exist when there is a sudden change of character which can have no other source than bodily disease; as when a most honest man becomes of a sudden an habitual thief, a decent man openly profane, a miser becomes extravagantly liberal, an affectionate father a very tyrant to his children, without any traceable causes for such transformation. The disease is made more manifest if such a sudden change is preceded by certain physical conditions, such as epilepsy, hereditary taint, suicidal attempts, "the insane temperament," as it is called, and other influences which are to be taken into consideration.

If ever you be summoned, gentlemen, to testify or pronounce on a person's insane condition, let me give you one piece of advice which may spare you much unpleasantness: be unusually cautious of what you say. If you appear as an expert or a witness, and you make a mistake unfavorable to the patient, he will be your enemy for life; even he may at times recover damages for libel. If he is really crazy, he may be all the more dangerous. Do your duty, of course, as an honest man must always do; but do it very prudently.

Dr. Bauduy is very emphatic on the assertion that moral insanity is not moral depravity. He is perfectly right; yet we must not forget that moral depravity is often screened before the courts by the plea of insanity. When a man of bad antecedents commits a crime, and is known to have been sane just before and after the deed, he ought not to be excused on the plea that he may have been insane at the moment when he committed the act; there is no reason for such a plea. And with the victims of kleptomania, dipsomania, and other moral manias, it is well known that a sound whipping will often stop the nuisance. The rod for the juvenile offender, and the whipping-post for adults, would cure many a moral leper and be a strong protection for society at large, especially if applied before bad habits freely indulged have demoralized the person beyond the usual limits. All of us have our passions; they are an essential part of our nature and even an indispensable part. But they should be controlled by reason and will, whereas they are often indulged with guilty weakness. They are much strengthened by indulgence, especially in those predisposed to certain vices by hereditary transmission. No doubt some children have worse passions to contend against than others. It is still worse if, at the same time, their surroundings are unfavorable to virtue; and this is a constant source of increase to the criminal classes.

Wise statesmen will study the ways in which temptations to vice may be diminished; but it is mistaken mercy and dangerous to the community to spare the guilty when once they have committed criminal acts. If ever the principle were admitted in our courts of justice that the possible existence of mental insanity ought to protect a culprit from punishment, crime would soon increase tenfold both in the sane and in the insane. Both classes must be kept impressed with the conviction that the law rules supreme and will not tolerate the destruction of public safety. Your profession, gentlemen, in this matter as in many others, by its sound views on Jurisprudence and Ethics, is one of the strongest bulwarks of the common good.



LECTURE IX.

HYPNOTISM AND THE BORDER-LAND OF SCIENCE.

In this last lecture of our course I propose to make a brief excursion with you into the border-land of science, a region chiefly occupied by imposture and superstition. To show there is such a territory, we have only to name a few of its inhabitants, such as mesmerism, animal magnetism, odylism, hypnotism, mind-reading, faith-cures, clairvoyance, spiritism, including table-rapping, spirit-rapping, most of which have been used in connection with medicine. I do not maintain that all of these are mere vagaries, empty shadows, without the least reality, mere ghosts and hobgoblins, mere phantoms of the heat-oppressed brain, or cunning devices of impostors to deceive a gullible crowd of the ignorant public. Yet most of these are such beyond a doubt, and as such are totally unworthy of our attention.

Medicine is a science; it deals with undoubted facts and certain principles, and with theories in so far as they are supported by well-ascertained realities. The border-land of which I speak presents to our investigation few certain facts. It is chiefly the domain of imposture. Charlatans and showmen and medical quacks call things facts that are not facts. Among all the inhabitants of the shadowy region that I have enumerated, there is only one considered to-day by the science of medicine as worthy of its attention. It is hypnotism. As its first origin is connected with the history of mesmerism, and the latter, though itself a phantom, has been used as the chief patron of all other phantoms, I will premise a few words about mesmerism itself.

I. Mesmer was born about 1733, studied in Vienna and there became a doctor of medicine in 1766. Soon after, he began to speculate upon the curative powers of the magnet, and claimed to have discovered the existence of a force in man similar to magnetism and the source of strong influence on the human body.

In 1775 he published an account of the medical powers of this animal magnetism, which from his name was afterward called mesmerism. Paris was then the centre of attraction for scientific discoverers and pretenders. Thither Mesmer betook himself and there he soon created a lively sensation by the exhibition of mesmeric trances, some of which were accompanied by clairvoyance—that is, the power of seeing objects concealed from the eyes. He was also supposed to work some inexplicable cures.

The secret of his art he could not be induced to reveal even for the sum of 340,000 livres, which was offered him in compensation. People began to doubt whether he had a real secret, or whether he was a rank impostor. A royal commission was appointed to examine into the matter. Our Benjamin Franklin, then in Paris, was one of the commissioners. Their report was unfavorable. They found no proof of the existence of a fluid such as animal magnetism, and thought that all that was not imposture could be accounted for by the power of imagination. In a secret report they pointed out very strongly the dangers likely to arise from this unhealthy stimulus to the imagination. Their verdict does honor to their learning and their common-sense. Mesmer left Paris, and he died in obscurity in 1815.

But his pretended discovery did not die with him. It was a mine of resources to charlatans and impostors generally. There were strange effects produced, and at the sight of the inexplicable men lose their wits. The gullible public wondered, restless minds experimented, and many pondered thoughtfully on facts, most of which were not facts at all. But after eliminating all the elements of imposture and exaggeration there seemed to remain a residue of phenomena that were strange and unaccountable.

II. THEORY OF HYPNOTISM.

About 1840 the vaunted claims of the many clairvoyants were exposed before the French Academy of Medicine, which passed a resolution rejecting mesmerism altogether as unworthy of notice on the part of scientific men. The theory of a mesmeric fluid, until then the only one advanced, had evidently to be abandoned. Science with all its tests could find no such cause of the results produced. But in 1842 an English physician, Dr. James Braid, hit upon a more plausible theory. He conjectured that the actions of the mesmeric subject could be explained without a fluid by the suggestion of phantasms to him on the part of the mesmerizer. Dr. Carpenter, then a great authority, defended his theory; but the medical branch of the British Association disdained to consider the matter. Dr. Braid thought the mesmeric trance was only a state of somnambulism artificially brought about, and he coined the word hypnotism to indicate the artificial sleep. Other attempts to promote the cause of hypnotism were made in the United States and other lands, but no very definite or scientific results were reached until 1878, when the celebrated Prof. Charcot and others made its nature and possibilities the subject of a thorough study and abundant experimentation at the Paris hospital of La Salpetriere and in other places. At present it is admitted by distinguished medical scientists that hypnotism is a reality, capable of being utilized for important purposes. Many effects have been demonstrated to be produced by it as real as any ordinary phenomena of nature. But on the explanation of their causes there hangs still a cloud of obscurity.

The Paris School of Doctors attribute the effects to physical causes, chief among which are diseases of the nerves. Those of Nancy trace the phenomena to a psychical source, namely, to suggestion—that is, action on the subject through his imagination excited by words, signs, or in any other manner. This appears to be, in the main, the theory of Dr. Braid vindicated by modern science. Probably enough, both schools are right in their way, the suggestions not taking effect except where nervous affections have prepared the way. The beneficial results claimed for hypnotism by the scientific men who have made its study a specialty are chiefly as follows:

III. BENEFITS OF HYPNOTISM.

1. It acts as a temporary sedative, quieting the excited nerves of the patient. It was thus employed, for instance, on an old woman who was near her death, and who had not been able to make necessary preparations for that important event, being beside herself with nervous agitation. She obtained by this means a calm condition for some seven or eight hours. Hypnotism was for her like the visit of a good angel from heaven.

2. It is used as an anaesthetic in place of chloroform, which in many cases cannot be applied without great danger to health, or even life. Thus perfect insensibility may be procured and long continued, allowing sometimes of the performance of protracted surgical operations that would otherwise be almost impossible.

3. At other times it is employed as a mere pain-killer without depriving the patient of consciousness, so that the hurt is felt indeed, but not attended with keen suffering.

4. It is claimed that the skilful application of hypnotism can at times not only alleviate the pain of an injury, but even cure nervous affections more or less permanently, removing, for instance, the defect of stammering.

5. There are not wanting cases in which even moral improvements are claimed to be produced, at least in the removing of bad habits, such as drunkenness. If hypnotism can cure intoxication permanently, or even for a season, it deserves to be encouraged. Yet even then it must be used with great caution, for there may be very evil consequences resulting from its use. To realize fully the dangers and the evils attendant upon hypnotism you must understand the three stages through which the patient is made to pass—those of lethargy, catalepsy, and somnambulism.

IV. DANGEROUS TREATMENT.

Each of these is a disease in itself, and thus it is seen at once that a treatment which employs diseases as its means of cure must be of a dangerous kind. After the patient has been hypnotized by any of the various processes—the chief are mesmeric passes of the hypnotizer's hands, his eyes fixed into the eyes of his subject, or the latter's on an object so held as to strain his eyes—the first stage of hypnotism is obtained, that of lethargy. In the lethargic state, the subject appears to be sunk in a deep sleep; his body is perfectly helpless; the limbs hang down slackly, and when raised fall heavily into the same position. In this condition all the striated or voluntary muscles react on mechanical excitement. Without an accurate knowledge of anatomy, much harm may be done by the experiment.

The second stage is that of catalepsy, certainly not a healthy condition to be in. Its grand feature is a plastic immobility by which the subject maintains all the attitudes given to his body and limbs, but with this peculiarity, that the limbs and features act in unison. Join the hands of the patient as if in devout prayer, and his countenance assumes a devout expression; clench his fist, and anger is depicted in his features.

The third stage is that of somnambulism. The skin is now insensible to pain, but excessive keenness is manifested in the sight, hearing, smell, and muscular sense. Here the impostor can play off his pretended clairvoyance or second sight; for the subject will discover objects hidden from sight by the sense of smell and other senses affected with abnormal power. The somnambulist will now exhibit the utmost sensibility to suggestions made to him by the hypnotizer, so that he seems to be almost entirely controlled by the influence of the latter's will. This is what chiefly favored the early theory that a mesmeric fluid emanated from the mesmerizer by means of which he could act in his subject as he pleased. The experiment by suggestions seems to succeed best with hysterical patients, which fact confirms the morbid character of the hypnotic trance.

V. FIELD FOR A SCIENTIST.

If any distinguished scientist or Doctor who can afford it wishes to make a special study of hypnotism, which is still so imperfectly understood, he may render a valuable service to humanity, and in particular to the science of medicine. But if any ordinary physician asked my advice about devoting attention to this pursuit. I would emphatically tell him, "Leave it alone: you are not likely to derive real benefit from it, and you are very likely to inspire your clients with distrust of you when they see you deal with matters which have deserved a bad name on account of the charlatanism and the superstitious abuses usually connected with them." This is not my opinion alone, but also that of distinguished writers on the subject.

VI. OBJECTIONS TO HYPNOTISM.

When there is question of hypnotic seances or exhibitions such as are designed to feed the morbid cravings of the public for what is mysterious and sensational, I would call special attention to the following objections against such practices.

1. Medical authorities maintain that it requires at least as much knowledge of therapeutics to use hypnotism safely as it does for the general practice of medicine, and requires of a physician who engages in it a more thorough mastery of his profession than many other branches of the healing art, and therefore that it is as objectionable to allow non-professionals to deal with hypnotism as it would be to allow medical practice promiscuously to all persons without a Doctor's diploma. In fact, in Russia, Prussia, and Denmark none but licensed physicians can lawfully practise hypnotism. Aside from a variety of accidents which may result to the subject hypnotized from the ignorance of physiology in the hypnotizer, there is this general injury sustained, that even strong subjects frequently experimented upon contract a disposition to be readily thrown into any of the three morbid states of the mesmeric trance. All these states are real diseases and are allied to hysteria, epilepsy, and a whole family of nervous troubles, any one of which is sufficient to make a patient very miserable for life, and even to lead him to an early grave.

2. The moralist has still stronger objections against the use of hypnotism, except when it is used as a means to most important results. He maintains that one of the greatest evils that can befall a man is the weakening of his will-power; this leaves him a victim to the cravings of his lower appetites. Now the frequent surrender of one's will to the control of another is said (very reasonably, it would seem) to bring on a weakening of the will or self-control. We see this exemplified in the habitual drunkard. He loses will-power to such an extent that he can scarcely keep his most solemn promises or withstand the slightest temptations. There is a very serious question asked by the moralist upon another resemblance of an hypnotic subject to a drunkard. He asks whether any man has a right for the amusement perhaps of the curious lookers-on to forfeit for awhile his manhood, or the highest privilege of his manhood—his powers of intellect and free-will. He admits that we do so daily in our sleep. But then he argues that sleep is a necessity of our nature directly intended by the Creator, a normal part of human life. Besides it is a necessary means for the renewal of our strength, and on the plea of necessity the moralist may admit the use of hypnotism when it is needed for the cure of bodily diseases. But for the mere amusement of spectators he maintains that it is wrong for a man thus to resign his human dignity, as it would be wrong for him to get drunk for the amusement of lookers-on. Still, in this latter case the evil would be greater, for in drunkenness there is contained a lower degradation, inasmuch as the baser passions are then left without all control, and are apt to become exceedingly vile in their licentious condition. The hypnotic subject has at least the mind and will of the hypnotizer to direct him. Here, however, appears the need of another caution, namely, that the hypnotizer should be known to be a virtuous man; else the evil that he can do to his subject, as is readily seen, may be even worse than that resulting from a fit of drunkenness. And as men who occupy even respectable positions may yet be vile at heart, it is very desirable for prudence' sake to have no one hypnotized in private without the presence of a parent, close relative, or some other party, who will see to it that nothing improper be suggested during the trance. For the scenes gone through during the hypnotic state, though not remembered by the subject upon his return to consciousness, are apt to recur to him afterwards like a dream, showing that they have left traces behind them.

3. Legal writers and lawyers have serious charges against hypnotism. This practice, they maintain, if publicly exhibited to old and young, begets dangerous cravings for sensational experiments. Turning away men's attention from the sober realities and duties of social life, it prompts them to pursue the unnatural and abnormal. It was this craving that in less enlightened ages led men to the superstitious practice of astrology and witchcraft. At present it leads to such vagaries and unchristian and often immoral practices as are connected with spiritism, faith-cures, mind-reading, and similar foolish or criminal or at least dangerous experimentations which dive into the dark recesses found in the border-land of the preternatural. The atmosphere of that region is morally unhealthy and should be barred off by the guardians of public morals.

The most common objection of legal writers is directed against the various crimes to which hypnotism is apt to lead men of criminal propensities. They point to the statements of Dr. Luys, a respectable authority on hypnotism, who says: "A patient under the influence of hypnotism can be made to swallow poison, to inhale noxious gases. He can be led to make a manual gift of property, even to sign a promissory note or bill, or any kind of contract." Indeed, how can notaries or witnesses suspect any fraud when even the Doctor needs all his experience and all his skill to avoid falling into error? In criminal matters a man under suggestion can bring false accusations and earnestly maintain that he has taken part in some horrible crime.

VII. FURTHER EXPLANATION OF HYPNOTISM.

After considering the objections to the use, or rather abuse, of hypnotism, I may add some further explanation of hypnotism itself—of its nature so far as it is known to science. Science has ascertained the reality of the phenomena and facts—not single facts only, scattered here and there, but groups of facts uniformly obedient to certain laws of nature. It has not yet discovered the exact cause or causes of all these phenomena, but it gives plausible explanations of them, both in the physical theory of the Paris School and in the psychical theory of the Nancy School of Physicians. Science has discarded the original theory of a mesmeric fluid as the cause of these phenomena, just as it has discarded the formerly supposed fluids of electricity and magnetism. Of electricity the "Century Dictionary" says: "A name denoting the cause of an important class of phenomena of attraction and repulsion, chemical decomposition, and so on, or, collectively, these phenomena themselves." The true nature of electricity is as yet not all understood, but it is not, as it was formerly supposed to be, of the nature of a fluid. Similarly we may define hypnotism as the collection of peculiar phenomena of a trance or sleep artificially induced, or the induced trance or sleep itself.

The true cause of these phenomena is not yet understood, but there is no apparent reason for attributing them to a special fluid; they seem to be peculiar ways of acting, belonging to man's physical powers when his nerves are in an abnormal condition. By laying down these definite statements we gain the advantage that we isolate hypnotism from the frauds and empty shades, from the ghosts and hobgoblins with which it used to be associated in the border-region which we have undertaken to explore. Science deals with well-ascertained facts. Now of mesmerism, animal magnetism, and its kindred, odylism, we have seen that we have no reliable facts. We have done with those unsubstantial shades. But of hypnotism we have well-known facts, and we have shown it to be placed on a scientific basis.

VIII. SCIENCE DREADS ERROR.

Of clairvoyance, mind-reading, palmistry, spiritual science cures we have no certain facts, but we have many impostures connected with them. If ever we get real and undoubted facts proved to be connected with them, we ought to examine them with care. Science is not afraid of any portion of nature; all it dreads is ignorance, and what is worse, error. Error with regard to facts may be committed in two ways—by admitting as facts what are not facts, and by denying facts. Now, there are facts certain and well ascertained, numerous and widely known, connected with some other portions of the border-land of science that we have not yet looked into, though I have mentioned their names. He who would assert that spiritism, table-turning, spirit-rapping, and so on are mere idle talk, sheer impostures, is not well read in the literature of the present day. By denying all reality to these phenomena he strays as far from the truth as if he allowed himself to believe mere fabrications. They are not impositions, but they are worse; they are superstitions. By superstitions I mean here the practice of producing results which cannot possibly proceed from the powers of nature, and which could not without absurdity be attributed to the interference of the Creator or His good angels.

Some persons strenuously object to introducing any reference to God into scientific works. Science consists in tracing known effects to their true causes. If there were no God, He could not be a true cause and it would be unscientific to introduce His agency. But if there is a God and He acts in the world which He has made, we must take His actions into account when we study His works. Some say, "I do not believe in a God." That may be, but that does not prove that there is no God. Belief is a man's wilful and fine acceptance of what is proposed to him on the authority of some one else. Students have most of their knowledge on the authority of their professors and other men of learning. If a medical student would say, "I do not believe in microbes nor in contagion by disease germs," that would not kill the germs nor protect him against contagion. Nor would it show his superior wisdom, but rather his extravagant conceit and ignorance. So with those who believe not in God.

There are others who believe not in the existence of devils or fallen angels. That is not so bad; but yet they must remember that their refusal to believe in devils does not prove that there are none. The greatest enemies of science are those who blindly maintain false statements and false principles of knowledge. Let us look for the truth in every investigation. Even Huxley, in the midst of his attacks on dogmatic religion, protests also against dogmatic infidelity. Science, he says, is as little atheistic as it is materialistic. All this must be remembered chiefly when we undertake to explore, as we are now doing, the unknown region which we have called the border-land of science. There we find many strange phenomena, and we are trying to discover their true nature and true causes. If we can explain some of them by natural causes, as by the powers of the imagination when it is in an abnormal or hypnotic state, very well, let us explain them. But let us not rashly conclude that all other phenomena can be thus explained. Do not reason this way, as some writers have done: "Some effects," they say, "were formerly attributed to witchcraft or deviltry and can now be explained by hypnotism. Therefore all other mysterious effects can also be thus explained. Therefore there is not and never was such a thing as witchcraft or deviltry. So, too, some events often reputed miraculous can be explained by natural causes, therefore no miracle has ever happened." That is the reasoning of rash and ignorant men, and not of scientific minds. It does not follow from the fact that God usually works by natural causes, that He cannot on special occasions and for very important reasons show His hand, as it were, and act so manifestly against the course of nature as to show us that it is He who is at work and He wants us to mind Him. History furnishes many instances of this kind.

IX. CREDENTIALS OF CHRIST.

Least of all have Christians a right to deny this, and we must remember that the civilized world is Christian, almost entirely. Christians believe in the reliability of the Bible, and in it we are constantly informed of countless miracles in various ages. If all these accounts are false, then Christianity is a vast imposture. Christ appealed to them as to His credentials in His mission to the world. "If you do not believe Me," He said, "believe My works, for they give testimony of Me. The blind see; the lame walk; the dead are raised to life." If He spoke falsely, He was a deceiver; if He worked those marvels by hypnotism, or any other natural cause, He was an impostor. There is no middle way. Either by working true miracles He proved Himself to be what He claimed to be, the Son of God, or He was the most bold and detestable impostor that has ever appeared on earth. This no Christian can suppose, this no historian would admit; therefore, we must grant that He worked miracles, and miracles are realities to be taken into account by the writers of history, and scientific workers must not sneer at them.

X. DEVILTRY.

Scientific men in their investigations need not expect to come into contact with miracles; but they may and do find in the border-land of science facts which reveal the agency of intellectual beings distinct from men, and too vulgar in their manifestation to be confounded with God or His blessed angels. Such agents in the book of the Scriptures are called devils, and intercourse with them is styled superstition, seeking their assistance is magic or witchcraft, and consulting them is divination or fortune-telling. All these practices are directly and strictly forbidden in the Scriptures, and yet they are commonly enough in use in our own day to procure effects that gratify the curiosity of such, especially, as have no settled belief in supernatural religion.

Some of these effects are connected with bodily cures and thus are of interest to physicians. For instance, spiritualistic mediums, whether connecting their practices with magnetism or not, though entirely ignorant of medicine, are at times able to state the exact bodily indisposition of sick persons living at a great distance, put into communication with them by holding some object belonging to them. They will indicate the seat of the disorder, its nature and progress, its complications. They propose simple and efficacious remedies, using not infrequently technical terms which are certainly unknown to them before. They manifest the thoughts of others, reveal family secrets, answer questions put in languages of which they know nothing. To deny facts attested by thousands of witnesses of various nations belonging to various religious denominations or professing no religion whatever, is not the spirit of science. It it estimated that 100,000 spiritist books and pamphlets are sold yearly in the United States alone. It is certain that much, very much imposture is mixed up with many undeniable facts, but that does not dispose of the real facts mixed up with the impostures. Tyndall once caught an ill-starred spiritualistic impostor at his juggling. He concluded that all other spiritists were impostors. The world now laughs at him for his foolish reasoning.