rently with their thoughts. Jane Rider would take part in the conversation, and never mistake the nature of outward objects; while others have been no less accurate and acute in some of their remarks, though unconscious of the presence of other persons. These facts show a strong analogy between somnambulism and dreaming. It is well known that a person, who will hear and reply to questions addressed to him relative to the subject he is dreaming about, may not notice nor be aware of loud sounds made near him. The difference in the sensorial powers of different somnambulists, probably indicates merely a difference in the degree to which this peculiar condition is carried. Where it is but little removed from that of ordinary dreaming, the sense of feeling alone, in a limited measure, is added to the locomotive power; when still farther removed, the senses of sight and hearing come into play, though but partially exercised; and when displayed to its utmost extent, they enjoy a range and nicety of perception, not witnessed in the ordinary state, and hardly explicable in the present state of our knowledge.

§ 409. There is another form of this affection, called ecstasis or cataleptic somnambulism, from its being conjoined with a kind of catalepsy, in which the walking and other active employments are replaced by what appears to be a deep, quiet sleep, while the patient converses with fluency and spirit, and exercises the mental faculties with activity and acuteness. Both in this and the former kind, the person generally loses all recollection of whatever transpires during the paroxysms, though it may be revived in a subsequent paroxysm. In some cases that have been related, the memory during the paroxysms embraced only the thoughts and occurrences of those periods; those of the lucid intervals being as entirely forgotten, as those of the paroxysms were, after they had subsided.

§ 410. It now scarcely admits of a doubt, that somnambulism results from some morbid condition in the system, involving, primarily or secondarily, the cerebral organism. We see that its lighter forms are but a slight modification of dreaming, which is universally admitted to be very much

influenced by the state of the corporeal functions, and which in certain disorders, is produced in a very troublesome degree. The analogy of ecstasis to hysteria and epilepsy with which it is often conjoined, is too strong to escape the most cursory observation, not merely in its phenomena, but in its curability by the use of remedial means. Indeed, these affections are known to pass into each other by frequent and rapid transitions, and to possess a strong common relation to insanity. The attacks of cataleptic somnambulism are invariably preceded by derangements of the general health, — in females, of the uterine functions especially, and their recurrence is prevented by the methods of treatment, which are found most successful in those affections with which it is pathologically related. The more active forms of sleep-walking, seldom, if ever exist, except in connection with those habits or conditions that deteriorate the general health. Intemperate drinking is said to be among the causes that produce it; and an observer of Negretti's case attributed the disorder to his immoderate fondness of wine. A plethoric condition of the vessels of the head is also a strong predisposing cause of it; and in proof of this, Muratori relates that he was assured by a physician, that nothing but having his hair cut off once in a couple of months, saved him from being a somnambulist. Its hereditary character, which, like the same trait in insanity, we may fairly conclude depends on morbid conditions, also indicates its physical origin; and the same inference may be drawn from the influence of age and sex in its production. The cataleptic form of the disorder appears chiefly in females before the last critical period; while the other is as much confined to males, in whom it mostly appears in childhood and the early periods of manhood, seldom in old age.

§ 411. In the somnambulist, either the perceptive organs are inordinately excited, and thus he is led to mistake inward for outward sensations; or the perceptions, if correct, are misapprehended by some obliquity of the reflective powers; in some instances probably, both these events take place. He talks, moves, and acts, unconscious of his real

The

condition, and of nearly all his external relations. ideal images that are brought before the mind are mingled and confounded with the real objects of sense, and the conduct is regulated accordingly. Psychologically considered, then, somnambulism appears to be not very remote from mania, the difference consisting in some circumstances connected with the causes that give rise to the derangement of the faculties. In the latter, the pathological affection of the brain is continuous; in the former, it appears only during sleep, by which its effects are greatly modified. When the maniac finds himself restored to health, he looks on the period of his derangement as on a dream crowded with grotesque images, heterogeneous associations, and ever-changing scenes. So the somnambulist, on awaking, is conscious only of having been in a dream, the events of which have left a more or less vivid impression on his memory.

§ 412. In somnambulism, as well as in mania, intellectual powers are sometimes evinced, that are altogether unknown in the waking state. Jane Rider would sing correctly, though she had never learned to sing, nor been known to sing when awake, and would play at backgammon with considerable skill, though she had never learned the game in the waking state. She also exhibited a power of imitating the manners and language of people, while she had never evinced the slightest trace of this power when awake.

§ 413. Like the maniac, too, the sleep-walker's sentiments and propensities are often included in the same circle of morbid action, in which the operations of the understanding are involved. The case of a Carthusian monk is related, who, while awake, was remarkable for his simplicity, candor, and probity; but unfortunately, almost every night walked in his sleep, and like the fabled Penelope, undid all the good actions for which he was so celebrated by day. On such occasions, he was a thief, a robber, and a plunderer of the dead. A case of a pious clergyman is somewhere described, who in his fits of somnambulism would steal and secrete whatever he could lay his hands upon, and on one occasion, he even plundered his own

church. In a case of somnambulism which occurred a few years since in Maine, there was a strong disposition to commit suicide. The paroxysms appeared every night, and watchers were required, as if the somnambulist had been laboring under an acute disease. He always attempted to escape from his keepers, and having succeeded one night, an outcry was heard from a neighboring pasture, and he was found suspended by a rope from the limb of a high tree. Fortunately, he had attached the rope to his feet instead of his neck, and consequently was but little injured.

CHAPTER XXI.

LEGAL CONSEQUENCES OF SOMNAMBULISM.

§ 414. SOMNAMBULISM may sometimes incapacitate a person from the proper performance of the duties and engagements of his situation, and then unquestionably it may impair the validity of contracts and other civil acts to which he is a party. By rendering him troublesome, mischievous, and even dangerous, it furnishes good ground for annulling contracts of service, whether it existed previously and was concealed, or had made its appearance at a later date. Whether it should be considered a sufficient defence of breach of promise of marriage, or a valid reason for divorce when concealed from one of the parties previous to the marriage, are questions which do not properly admit of a general answer. Since its evils may be in some, of the lightest, in others, of the most serious description, each particular case ought, in justice, to be decided solely on its own merits, reference being had to the amount of injury as compared with the magnitude of the obligation sought to be avoided. If studiously concealed or denied, when its avowal would have undoubtedly prevented the other party from entering into a contract, the latter ought to be enabled to set aside his own obligations on the ground of fraud.

§ 415. As the somnambulist does not enjoy the free and rational exercise of his understanding, and is more or less unconscious of his outward relations, none of his acts during the paroxysms, can rightfully be imputed to him as crimes. Hoffbauer places him on the same footing with one who labors under hallucinations, except that the former is not fully excused, if, knowing his infirmity, he has not