The Pennsylvania Journal of Prison Discipline and Philanthropy (Vol. VIII, No. II, April 1853)Philadelphia Society for Alleviating the Miseries of Public Prisons
Religion
The Pennsylvania Journal of Prison Discipline and Philanthropy (Vol. VIII, No. II, April 1853)
Philadelphia Society for Alleviating the Miseries of Public Prisons
Charities -- Periodicals; Prisons -- Periodicals
Another case is presented to the Board, and they are satisfied that it
is a "manifest" development of insanity, but that with proper medical
treatment, and such out-of-door exercise as is quite compatible with
the discipline of the institution, the party may be restored. This
is clearly not within the proviso, for it is only such cases as make
"_a removal to the State Hospital necessary to their restoration_,"
that are to be transferred. It is evident, therefore, that the medical
Board are not to be restricted to the inquiry, whether there is or is
not a development of insanity, but whether the case presented is one
which the proviso meant to include. The medical Board are presumed to
know the provisions of the act from which they derive their authority,
and they cannot read it without perceiving that they are to decide
not only whether a prisoner is insane, but also whether his insanity
is of such a type or character as to render his continuance in the
prison _improper_, and a removal to the State hospital indispensable
to his recovery. Now, suppose they are satisfied of the insanity,
and also that his removal to the State hospital or elsewhere would
not be likely to restore him. This is the very point for which their
professional knowledge and experience is required--quite as much as
(if not more than) to determine the naked question of insanity. Surely
a wise Legislature could not have meant to ask a _medical Board_ to
determine the question of insanity, and leave it to the _Inspectors_ to
say whether the insanity might be safely and properly treated in the
prison, or whether a removal to the State Hospital would be likely to
issue in restoration!
On the whole therefore it must be obvious, we think, to any candid
mind, that the Legislature designed to give the Inspectors the benefit
of the _official judgment_ of a competent Board, as to the manner in
which they should treat or dispose of insane convicts.
Upon the general question of the removal of any insane convicts to the
State Asylum, we indicated an opinion in our number for July, 1852,
and farther inquiry and reflection confirms the doubt then expressed,
whether a general State Lunatic Hospital should receive convicts of any
class.
Public-domain text, read in full here on John Shaqi.
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