being able to choose between motives. PINEL speaks of an idiot who had the most determinate inclination to imitate the voice and gesture of all persons around her. It is observed, says FoDERE, “That by an inexplicable particularity several cretins, endowed with so little intelligence, are born with a particular talent for drawing, musical composition, rhyming, &c. I have seen,' continues he, "several of them, who learned, by themselves, to play pretty well on the organ or harpsichord; others, without having had any master, knew how to mend watches and to make various mechanical instruments. This phenomenon probably results from the more perfect organization of the organ on which such or such an art depends, and not at all from the understanding. For, these individuals do not know how to read books which treat of the principles of the respective arts; they are even disturbed at being desired to learn the principles." (Traité du Goître et du Cretinisme. Paris, 1800, p. 133.)

I have mentioned many cases in my work on Insanity (p. 120-133.); and in that on Phrenology, where I speak of destructiveness and acquisitiveness. Idiots, although mischievous, are not objects of punishment, yet it is rash to say, that all means of correction are useless. They ought,

at all events, to be prevented from doing harm to others; and as they cannot be left to themselves, there ought to be houses of security for such unfortunate individuals.

There are cases, in which it is extremely difficult to decide whether there is or is not will. "Persons," says Dr. RUSH, (Diseases of the Mind, p. 268.) "who are inordinately devoted to the use of ardent spirits, are irreclaimable by all the considerations which domestic obligations, friendship, reputation, property, and sometimes even by those which religion and the love of life can suggest to them. An habitual drunkard, when strongly urged by one of his friends to leave off drinking, said, Were a keg of rum in one corner of a room, and were a cannon constantly discharging balls between me and it, I would not refrain from passing before that cannon, in order to get at the rum.

"There are many instances," continues Dr. RUSH, "of persons of sound understanding, and some of uncommon talents, who are affected with the lying disease. Persons thus diseased, can neither speak the truth upon any subject, nor tell the same story twice in the same way, nor describe any thing as it has appeared to other

people. Their falsehoods are seldom calculated to injure any body but themselves, being, for the most part, of an hyperbolical or boasting nature, and not injurious to the characters and property of others. That it is a corporeal disease, I infer from its sometimes appearing in mad people, who are remarkable for veracity in the healthy state of their minds, several instances of which I have known in the Pennsylvanian hospital. Persons affected with this disease, are often amiable in their tempers and manners, and sometimes benevolent and charitable in their dispositions. Lying, as a vice, is said to be incurable. The same thing may be said of it as a disease when it appears in adult life."

The time will come when several malefactors will be declared insane, who are now punished. The only difference, however, will perhaps be in the aim of their confinement, viz. they will be shut up, in order to be prevented from doing mischief, instead of being shut up with the view of making atonement to justice. The laws of Nature are severe, but they are just. General order must never be allowed to suffer for the sake of one or several individuals. Even these persons, however, must, as much as possible, be allowed to enjoy their natural rights. In a prison

at Berlin (Stadtvogtey), we found a boy of an unfortunate cerebral organization; the forehead was low and narrow, depressed immediately above the eyebrows, much hollowed sidewards above the eyes, but large and prominent at the temples. His countenance indicated slyness and malice. Dr. GALL said, that such individuals should not be left at liberty, but ought to be kept in an establishment for security. The registers, when referred to, proved that the boy, from infancy, had shown the most obstinate propensity to steal. Such individuals, indeed, become more incurable upon every relapse. In such cases, all means of correction should be tried first, and if these are found fruitless, it should then be declared lawful to detain them for life, but to treat them with humanity. They ought to be considered as persons affected with a disease, pregnant with danger to society. In general, nothing but amendment of conduct should entitle malefactors to return to the society which they have disturbed.

II.-Illegal actions of Madmen.

Madness is every where allowed to take away guilt, but its nature is not sufficiently understood. The most important points to be attended to are,

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that it may be general or partial; that the feelings as well as the intellectual faculties may be deranged, and that general and partial insanity may be continual or intermittent. General and continual madness is easily distinguished, but partial and intermittent insanity is less known than it ought to be.

My ideas on these points are detailed in my work on Insanity, and I refer to it for a fuller developement of the subject. Individuals under the involuntary influence of these faculties through disease, are to be treated as patients and cured, not as criminals to be punished.

ON ILLEGAL ACTIONS WHICH ADMIT OF
EXTENUATING MOTIVES.

It is impossible to weigh exactly the motives which may produce illegal actions. In examining whether an action be just or unjust, we commonly think only whether it is conformable to the law or against it. Yet, as long as legislation intends to punish, the degree of guilt attributable to the individual cannot be entirely overlooked; for otherwise, an idiot who assassinates would be liable to the punishment of a sane person; in