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The question must then arise, in each particular case, whether a person's own safety or that of others requires that he should be restrained for a certain time, and whether restraint is necessary for his restoration, or will be conducive thereto. The restraint can continue as long as the necessity continues. This is the limitation, and the proper limitation. The physician of the asylum can only exercise the same power of restraint which has been laid down as to be exercised by others in like cases.

The present is one of the cases in which insanity must be inquired into by judicial tribunals. In such inquiries we must carefully keep in mind the object of the inquiry. The same rules do not apply to the same extent in this case, which apply in the case of a person who has committed a crime, and is sought to be excused on the ground of insanity. And when it becomes necessary to appoint a guardian under the statute, there, evidence of imbecility, improvidence or wandering of mind, without any dangerous form of insanity, becomes material, although it would not be in a case like the present. Many considerations have weight in one case which would have none in the other. We must not fall into the general notion, that a person is not to be considered insane, merely because he does not always show wildness of conduct in his everyday appearance. Since the subject has been scientifically investigated, we know that a person may show sagacity in his business, but still be decidedly insane on some one subject. There is one class of cases in which, at a particular period of life, a person's character appears to undergo a change, and the existence of a hallucination or delusion is shown, which can not be removed by reasoning, argument, or persuasion. This species of insanity frequently shows itself in outbreaks of passion, on occasions where there appears no cause sufficient to produce them in a person of sound mind.

From a survey of the evidence we have come to the conclusion, that Mr. Oakes is laboring under such a delusion as renders it proper that he should be restrained, at least for a time. He has before been in the same hospital, and his cure after ten day's confinement at that time, indicates the proper course to be pursued now. That was a case of temporary alienation of mind, or excitement. Before his confinement he had made a contract to do a piece of work for Mr. Bowman, which he went on and completed immediately after his release and Mr. Bowman. testifies that the contract was a good bargain for Mr. Oakes. This shows that it was not a necessary consequence of insanity, that he should make an improvident contract. The general tenor of the evidence is, that Mr. Oakes was a careful, prudent, industrious man, attached to his children, arid to his wife, and that the most perfect confidence subsisted between him and his wife. He resided at Cambridgeport for a time, and afterwards at East Cambridge. His business was wharf budding. and pile driving, which he conducted with prudence and success. He was a man of strong feelings and passions, easily subject to excitement, which however, readily subsided. This is usual with persons of much energy of character. He occasionally ill treated his wife, and frequently used harsh language. He had been quite a domestic man, but now began to be frequently absent in the evening, causing anxiety to his family. His wife died in October last. He did not manifest the feeling upon that occasion, which was to be expected from a person in his right mind. On the evening when his wife was in a dying condition, of which he was informed, he left the house, and passed the evening at a house in Boston, in the company of the person to whom he afterwards became engaged. When he came home, he asked if his wife was dead, in a manner which exceedingly shocked the feelings of his daughters. His conduct at the funeral showed a perversion of mind. It may be said, that this was a consequence of his resenting the attempt of the family to put him under guardianship. and confine him in the insane hospital. But he did not manifest such resentment. When speaking upon the subject, he said that they were not to blame, for they supposed he was really insane. To a man acting under ordinary motives and feelings, such resentment, although it might be naturally felt for the time, could not be lasting.

On considering his state of mind, his alternations of depression and excitement, we think he did not act from ordinary motives and feelings. His presisting in his intention to marry the young woman who has been spoken of, and refusing to believe the evidence of her bad character, are indications of this. It is in evidence that he positively declared to his friends, who were much shocked at his declared determination to be married, that he would not marry the girl under six months; and afterwards made repeated attempts to have the ceremony performed within two months of his wife's death. The fact of an old man, a widower, wishing to marry a young wife, is not of itself evidence of insanity. But the circumstances, and the conduct of Mr. Oakes, attending the proposed marriage are evidence that he was laboring under a hallucination of mind. His refusal to believe any evidence of the girl's bad character, his unlimited confidence in his own knowledge, his letter to Governor Morton and to his son, all show the morbid excitement of his mind. The testimony of Dr. Fox, the physician at the asylum, is important. His comparison of the tenor of his conduct and appearance at the time he was before confined in the asylum, serves to show his state of mind. He has always, when in this state, said he could at any time make a large fortune in a short time, -- could become independent again in a few months, if he should lose all he had, -- that it was impossible that he could make a bad bargain, -- and that he must always make money, -- it could not be otherwise. He declared that he would not believe the character of the girl to be bad, although she should be convicted, -- that he knew better than all the courts and the juries.