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met for the purpose of framing another Bill, which they afterwards gave notice of, and under which they proposed to raise another sum of money to be laid out on the Liverpool side of the river before the Birkenhead works had been carried out towards completion. He contended, that if good faith was to be thus broken through, in the way he considered it was in this case, it was useless to enter into any arrangement with parties who came before Committees. It was now said that £300,000 was necessary for the completion of works on the Liverpool side. He asked whether such sum was necessary for the completion of old works or for the formation of new

upon works on the Liverpool side of the river.

Question put, "That the word 'now,' stand part of the Question."

The House divided: Ayes 181; Noes 102: Majority 79.

Main Question put and agreed to.
Bill read 2o, and committed.

MILITARY EXECUTIONS IN INDIA.
QUESTION.

MR. RICHARDSON said, he would beg to ask the Secretary of State for India

whether orders have been sent to discontinue in the British service the practice of blowing human beings from guns?

has arrived when military executions will LORD STANLEY: I hope that the time has arrived when military executions will been sent out to India with regard to the cease. At the same time, no orders have manner in which capital sentences are to

be carried out.

RESTING-PLACES FOR PORTERS, AND

works? Although this was, he thought, a breach of faith, yet if Parliament was disposed to sanction it, the parties ought, at all events, to declare that they would not come to Parliament for more money than this, and that they would give their best energies for the prosecution of the Birkenhead works. [Mr. HORSFALL: No, no!] If the parties said "No" to such an arrangement, he thought that this legislation should not be allowed to proceed any further, for if faith were to be broken in this manner it would be useless to enter into arrangements with parties before Committees and all private Bill legislation would be useless and ridiculous. On these grounds he should oppose the second read-on the lines of great thoroughfares from ing.

MR. TURNER said, it was the misfortune of the city which he represented, and of the Manufacturers around, to be mixed up in an unpleasant contest with the Corporation of Liverpool upon this question of the management of the estuary of the Mersey. But all former greivances having been removed, it was with peculiar satisfaction he rose to co-operate with those who support ed the second reading of this Bill. The only object of those with whom he acted in relation to this question was to prevent Liverpool levying an improper tax called sound dues, and to place the management of the estuary of the Mersey in the hands of an independent Board. It never was their wish that one side of the river should be fostered to the detriment of the other. They were most anxious that those works at Birkenhead should be carried out; and he believed that they would be carried out, but the trade of the Mersey was increasing so rapidly, and consequently there was so much pressure for increased accommodation, he thought it was highly necessary that a certain sum should be expended

DRINKING FOUNTAINS.

QUESTION.

MR. SLANEY said, he wished to ask the Secretary of State for the Home Department if he has inquired as to the formation of resting places for porters and others carrying great burdens near to or

the principal markets of London to the suburbs, in addition to or in place of those destroyed recently; and also, if free drinking fountains might be placed near each for the benefit of the working classes?

MR. WALPOLE: I have made inquiries on the subject, and I find this to be the case-that it case that it is part neither of the Secre tary of State for the Home Department, nor of the police, to see that provision is made for resting-places. If the hon. Gentleman wishes that provision should be made for resting-places for porters carrying burdens, and for the establishment of drinking fountains, which in Liverpool had been found extremely advantageous, the proper course is to make application to the local authorities.

ASSIZES IN YORKSHIRE.
QUESTION.

MR. CHARLESWORTH said, he rose to ask the Secretary of State for the Home Department if it is the intention of the Government to advise Her Majesty, in accordance with the petitions to Her Majesty in Council, from numerous municipal boroughs

and other places in the West Riding, for the better accommodation thereof, to remove the assizes for that Riding from York to Wakefield?

THE APPOINTMENT OF A MASTER IN LUNACY.-QUESTION.

MR. G. CLIVE said, that with reference to the question he had put yesterday to the right hon. Gentleman on this subject, he had to state that he was not aware that it was customary to give private notice of a question on occasions of this kind. It was only at half-past four of the previous afternoon that he had resolved to take the course of asking the question. He endeavoured to speak to the Home Secre

MR. WALPOLE: The question of the hon. Gentleman relates to a subject which excites immense interest in the West Riding; but before any decision can be come to on the claims of the different towns which desire the transference of the assizes to them, they must be all considered together at the same time. I am not prepared, however, to say that the Govern-tary early in the evening on the matter, ment has come to any decision on the subject.

DECORATIONS OF THE BATH.
QUESTION.

LORD HOTHAM said, he wished to ask the Secretary of State for War a question referring to the existing practice of requir ing the Return of the Decorations of the Order of the Bath on the death of each member of the Order. It would be recollected that last Session he had called the attention of his right hon. Friend to the fact that the decorations of Knights of the Bath, worn during the lives of those who received them, were not allowed to be retained by their families after their death. He had also called to his notice another fact, that the decorations of the Grand Cross of the Bath was made of such inferior materials it was impossible to wear it.

He wished to ask whether the Secretary for War had taken the matter into consideration, and was prepared to give any information on the matter?

GENERAL PEEL: I am happy to inform my noble Friend that Her Majesty has been pleased to dispense with that statute of the Order of the Bath which rendered it necessary that the insignia of Knights Grand Cross and Knights Commanders should be returned after their death. This dispensation will apply, not only to future cases, but to the present members of the Order. It will be necessary to return the collars and badges only of the Knights Grand Cross, and in the case of promotion from a lower to a higher grade of the Order, the insignia of the lower Order would be returned. I have also to state that the stars and crosses of the Knights Commanders, instead of being of tinsel, will be made of silver for the future. I am sure every person interested in this matter must be grateful to my noble Friend for the suggestion which he made.

and did, indeed, find him in the lobby, but the right hon. Gentleman seemed too busy to attend to him. The question he now desired to repeat was, whether the right hon. Gentleman was aware whether Mr. William Francis Higgins had been ap pointed to the office of Master in Lunacy?

THE CHANCELLOR OF THE EXCHEQUER: Sir, since the question was addressed to me yesterday with respect to transactions of which I had then no knowledge, I have had a communication from the Lord Chancellor, in which he has informed me that he should not have appointed Mr. Francis Higgins to the office in question unless he had been thoroughly convinced of his competency to fulfil the duties of that office. But, at the same time, the Lord Chancellor adds that it is unnecessary to enter into any controversy as to the merits of that gentleman, since, without, I believe, any consultation, certainly unconditionally and spontaneously — the moment Mr. Higgins was apprised of what had taken place yesterday in the House of Commons, he resigned the office which had been offered to him. He took that step, I am bound to say for him, not from any belief that he was unable to fulfil the duties of the office, but because, after what had occurred, he did not find it consistent with his feelings any longer to hold the appointment. I am bound to say that, in my opinion, in taking that course Mr. Higgins has acted with a due sense of self-respect; and from what I have heard of that gentleman from many hon. Members of this House, some of whom have had official relations with him during a number of years, I am bound to say that, in taking that course, he acted consistently with the tenor of an honourable life.

SUBSIDIES TO TELEGRAPH COMPANIES.

QUESTION.

LORD C. PAGET said, he wished to ask what were the intentions of the Go

vernment with regard to granting aid in the form of subsidies to telegraph companies having communication with America or any of the British Colonies ?

THE CHANCELLOR OF THE EXCHEQUER said, that the principle the Government had adopted with regard to such undertakings as those alluded to by the hon. and gallant Member was this, that they would not grant an unconditional gua

rantee.

RATING OF GOVERNMENT PROPERTY.

QUESTION.

MR. WILSON said, he rose to inquire what course the Government intended to take in relation to making public property chargeable to poor rates?

THE CHANCELLOR OF THE EXCHEQUER said, it was the opinion of the Government that they must proceed on this important subject by legislation, and the President of the Poor Law Board would take an early opportunity of introducing a

Bill in reference to it.

LUNATICS.

a few leading facts, and the House would be spared the longer statement he should otherwise have considered it his duty to trouble them with. It appeared, then, that the last Committee that sat on this important subject was in the year 1828; since that time there had been Commissions to inquire into the Scotch laws, and another into the Irish laws, within the last two or three years, but none whatever in England. There were, however, many Returns, and the annual Reports for the Commissions in Lunacy now amounted to twelve. From these documents it appeared that there were at the least 23,000 registered lunatics in England alone, of all classes. There were the pauper lunatics, the number of whom was stated in the last year's Report of the Commissioners at 17,572, having in one year increased to that number from 16,637; and there were about 5,000 lunatics of other kinds. They were subject to three jurisdictions-firstly, the Commissioners of Lunacy had the charge of the pauper lunatics and of private asylums; secondly, the Chancery lunatics were under the charge of a board of visitors, with a distinct jurisdiction; and the third class was, that of the criminal lunatics. The laws relating to this subject were conflicting. In 1828 the first law of an extensive scope was passed; it was amended in 1832. again in 1835, and in 1838, 1841, 1842, and, lastly, in 1845 it was entirely remodelled. In 1853 the Act regulating the Chancery lunatics, or those found so by inquisition, was passed-an Act drawn up by Lord St. Leonards. Last Session he (Mr. Tite) drew attention to the operation of that Act, which he believed to be inconvenient and oppressive. The number of lunatics under the care of the Court of Chancery was 600, and the total amount of their property under the control of the Court was upwards of £200,000. The Act of Parliament drawn up by Lord St. Leonards did not repeal previous Acts, but unfortunately referred to them, and the provisions relating to lunatics under the care of the Court of Chancery were to be found in five or six separate Acts. With regard to criminal lunatics also, it appeared that some provision was necessary.

COMMITTEE MOVED FOR. MR. TITE stated, that the reasons for the notice he had given for the appointment of a Select Committee "to inquire into the operation of the laws relating to the care and treatment of lunatics, especially of those found to be lunatics by inquisition, were to be found in the fact, that late in the last Session of Parliament he had moved for a Committee to inquire into the state of the law regarding Chancery Lunatics. That Motion was received into considerable favour by the House and the Government, and he was told by the Solicitor General, who replied to him, that if he would enlarge the scope of his Motion and renew it this Session, it was most probable the Government would support him in it. The Government, however, though they admitted the necessity of a change in the law by bringing in two Bills to amend it, so far as the lunatics in public and private asylums were concerned, had apparently not concurred in his Motion, for up to last evening he presumed that it was to be opposed; but last night the Secretary of State postponed his Bills, and informed There were now 600 or 700 him he had resolved to support the appoint- of them. He thought, as a criminal lunament of a Committee, and to refer the Bills tic was not regarded as morally responsible he had prepared to that Committee, if the for the act he had committed, when he was House should grant it. In this state of restored to health he should be restored to things, therefore, it would not be neces- society. At present there was no power sary to do more than state very shortly to do this, except by the judgment of the

say, to the great affliction of many people who are concerned in them. I also think that great improvement may be made with reference to the inspection, superintendence, and treatment of these lunatics; and that by providing for that superintendence and treatment in a more careful and constant manner than at present a great benefit may be conferred upon them. I then go to the other two classes of lunatics, those who are confined in county and borough asylums, and those in private houses.

Home Secretary, and this was very seldom | time, at great expense, and indeed, I may exercised in the matter. Another large class of lunatics consisted of those who were just above the condition of paupers. In Scotland, in every large town, there was an asylum for them; in London there were two great foundations-St. Luke's, which only took them for one year, and Bethlehem, which took them only under particular circumstances. He hoped the Committee would consider whether it was not possible to do something for that large class, who suffered extremely, as well as their families, whenever that distressing disorder overtook them. What was wanted was a more complete supervision; and the measure now required was one for the consolidation of the law, defining the functions of the several boards, which had now a distinct and divided action. The hon. Member concluded by moving

Motion made, and Question proposed,"That a Select Committee be appointed to inquire into the operation of the Laws relating to the care and treatment of Lunatics, especially those so found by Inquisition."

Since the notice of Motion was given in the course of the summer I have felt it my duty to make some inquiries into this subject, and I own I am startled at some of the results which are the fruits of those inquiries. From the returns of the Commissioners it appears that, in the year 1852, the number of lunatics, exclusive of those in the union workhouses, was 17,412, of whom there were in private asylums 4,430-namely, males 2,331, and females 2,099; and in county and borough asylums 12,982. In the year 1857 the total numMR. WALPOLE: Sir, when the hon. ber had increased from 17,412 to 22,310. Gentleman brought this subject before the Of these there were in private asylums House last year, my hon. and learned 4,738 - namely, males 2,508, females Friend the Solicitor General on behalf of 2,230. I pause here for a moment to the Government, said he thought it rea- notice the great increase in the course sonable that some inquiry into it should of these five years-an increase little short take place. The hon. Gentleman, there- of 5,000 and I want the House to fore, in renewing his Motion, had certainly observe this striking feature, that whereobtained a kind of pledge from the Govern- as the increase in the number of those ment that they will not on their part oppose confined in county and borough asylums such an inquiry, provided it is conducted was from 12,982 to 17,572, the increase in a manner so as to lead to some practical in the number confined in private asylums and beneficial result. Perhaps I may be was hardly perceptible; it was only from pardoned if I make one or two remarks on 4,430 to 4,738. Such was the increase a question of so much importance to a in those years, and I believe it has been vast portion of the community, with a view owing partly to the operation of legislation of showing what may be done and how upon this subject by which so much better an inquiry may usefully take place. The provision has been made for the poorer House is aware that there are four classes class of lunatics in county and borough of lunatics in this kingdom-namely, first, asylums, for greater care has been taken criminal lunatics; secondly, lunatics found of them, and consequently their lives have to be such by an inquisition under the been prolonged. Then I come to the quesCourt of Chancery; thirdly, lunatics in tion which is, after all, one of the most private asylums; and, lastly, lunatics con- important in this matter-" Of these unfined in county and borough asylums. fortunate persons thus put under restraint, With regard to criminal lunatics, I do not or into necessary confinement, how many think we need interfere with the existing of them are in the class of curables, and arrangements. With regard to those found how many incurable!" Now, I find from to be lunatics by inquisition, I do think the report of the Commissioners in 1857that some Amendment may be made in the and there is no report for a subsequentyear law, chiefly in two respects; one with re-that out of 21,311 lunatics in that year ference to the manner in which inquisi- only 3.327 were curable, and 17,984 were tions are held and inquiries conducted, incurable. Analysing these curable patients, constantly extending over long periods of I find that in metropolitan and provincial

licensed houses there were 917, in borough | adoption, it is one which, I think, ought and county asylums 2,070, and in hospitals not to be conceded, because, if you once 360; so that one quarter of those in private attempt to have public asylums for all asylums were curable, while only one-tenth of those in county and borough asylums came under that denomination. That being the state of the case-and most painful it is to any one who considers that at the present moment one in 830 of the population are unsound in their minds, and that the number is increasing at a great rate-you have a double duty to perform, partly to see how those who are incurable can be best taken care of, and partly to see how those who are curable can have the benefit of a restoration to sanity conferred upon them. Before the hon. Gentleman opposite gave notice of his Motion-on the same evening at all events-I announced my intention to introduce two Bills upon this subject. These Bills I propose, if the House will give me leave, to read a first time to-night. One relates to improvements in county and borough asylums; the other to improvements in private houses. The improvements in county and borough asylums are chiefly of a practical nature, and relate to matters which have been reported to me in the Home Office during the past year. I have noted down the matters which have been complained of from time to time, and have endeavoured to find a remedy for them. I do not think I need at the present moment detain the House with those remedies, particularly considering the course which I propose to take with regard to this Motion. That course is, so far as the Government is concerned, to accede, with the alteration of a few words in the terms of the Motion, to the inquiry which is asked for, and to refer my two Bills to the Committee which is to be appointed, in order that it may have something tangible and practicable to deal with. I am particular anxious for this, because, during the autumn and in previous years there has been a good deal of controversy upon this most painful subject, and some persons have advocated the adoption of a course which would be a retrogressive and not a progressive step in legislation. It has been contended that you ought to have public asylums for all classes of patients, that you ought to register them, and that you ought to confine no one without a public inquiry. Now I wish the House and the public to consider what would be the consequence of such a course as that. If an inquiry is asked for, for the purpose of leading to its

classes of patients, this would inevitably
follow, that those who thought that this
painful malady had better not always be
brought before the public eye would seek
some private reception house, where patients
could be placed, and once there, they would
not have the advantage of the superin-
tendence, the supervision, the care, and the
control which they now enjoy in private
houses. But, above all, I must say that I
think you could not inflict a greater evil
upon these unfortunate people themselves
than by granting, in all instances, a public
inquiry into these cases. The House must
bear in mind that this distressing malady
is often the result of most accidental cir-
cumstances. It very frequently is not
hereditary in its character, and does not
recur when once it has been cured. Now,
by one illustration I will show the House
what would be the consequence of having
a public inquiry in all cases. I will sup-
pose that this malady comes upon a person
in business from over exertion of the mind,
from great anxiety, or it may even be from
bodily or physical ailment. That person
might, under existing circumstances, be
cured within a few months, and it might
be known to no one in the world that he
had been afflicted with this malady; but if
you once establish a public inquiry all will
be known; the excitement of the patient
will be very bad for him, and retard, if not
prevent his recovery; and when he returns
to his business he will go back with a sus-
picion of insanity upon him, and as a con-
sequence, I am afraid, subject to the mis-
trust even of his neighbours and relations.
I will not trespass any further on this
point, because I believe that that illus-
tration will show what would be the
evil of such an inquiry an evil which
would be increased tenfold when you ap-
plied such a proceeding to another class
of cases, especially to those of the other
sex. That being so I have devoted a good
deal of attention to the measures which
ought to be adopted for the better super-
vision and care of these persons, and I
think the House has four things for which
to provide. It has to provide that there
shall be a proper guarantee for the confine-
ment of any person in the first instance;
that the houses of reception for these un-
fortunate persons shall be suitable for the
purpose; that they shall not be confined,
I was going to say, a day or an hour, but

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