' . - - , . A MARITAL POWER EXEMPLIFIED . Mrs. Packard's Trial, AND SELF-DEFENCE FROM THE CHARGE OF INSANITY; OB Three Years' Imprisonment for Reunions Belief, BY THE ARBITRARY WILL OF A HUSBAND, WITH Afl APPEAL TO THE GOVERNMENT TO SO CHANGE THE LAWS AS TO AFFORD Legal Protection to Married Women. BY MRS. E. P. W. PACKARD. CHICAGO: OLABKE & CO., PUBLISHERS, 1 8 7'0. Introduction, ....... 3 The Great Trial of Mrs. Elizabeth P. W. Packard, who was confined Three Years in the State Asylum of Illinois, charged by her Husband, Rev. TheophQus Packard, with being Insane. Her discharge from the Asylum, and subsequent Imprisonment at her own House by her Husband. Her release on a Writ of Habeas Corpus, and the question of her Sanity tried by a Jury. Her Sanity fully established, . . . .13 Narrative of events continued, * . . . tt Miscellaneous questions answered, . . . . .61 False Reports corrected, . . . . . 85 Note of thanks to my Patrons and the Press, . . . 107 Testimonials, . . . . . 117 Conclusion, . . . . . . . 126 An Appeal to the Government, * 130 Entered, according to Act of Congress, in the year 1866, by MRS. E. P. W. PACKARD, In the Clerk's Office of the District Court of the District of Connecticut INTRODUCTION. A BRIEF narrative of the events which occasioned the following Trial seems necessary aa an Introduction to it, and are here presented for the kind reader's candid consideration. It was in a Bible-class in Manteno, Kankakee County, Illinois, that I defended some religious opinions which conflicted with the Creed of the Presbyterian Church in that place, which brought upon me the charge of insanity. It was at the invitation of Deacon Dole, the teacher of that Bible-class, that I consented to become his pupil, and it was at his special request that I brought forward my views to the consideration of the class. The class numbered six when I entered it, and forty-six when I left it. I was about four months a member of it I had not the least suspicion of danger or harm arising in any way, either to myself or others, from thus complying with his wishes, and thus uttering some of my honestly cherished opinions. I regarded the principle of re- ligious tolerance as the vital principle on which our government was based, and I in my ignorance supposed this right was protected to all American citizens, even to the wives of clergymen. But, alas ! my own sad experience has taught me the danger of believing a lie on so vital a question. The result was, I was legally kidnapped and imprisoned three years simply for uttering these opinions under these circumstances. I was kidnapped in the following manner. Early on the morning of the 18th of June, 1860, as I arose from my bed, preparing to take my morning bath, I saw my husband approaching my door with our two physicians, both members of his church and of our Bible-class, and a stranger gentleman, sheriff Burgess. Fearing exposure I hastily locked my door, and proceeded with the greatest dispatch to dress myself. But before I had hardly commenced, my husband forced nn entrance into my room through the window with an axe! And I, for shelter and protection against an exposure in a state of almost entire nudity, sprang into bed, just in time to receive my unexpected INTRODUCTION. gue>t. The trio approached my bed, and each doctor felt my pulse, and without asking a single question both pronounced me iusane. So it seems that in the estimation of these two M. D's, Dr. Merrick and Newkirk, insanity is indicated by the action of the pulse instead of the mind ! Of course, my pulse was bounding at the time from excessive fright ; and I a*k, what lady of refinement and fine and tender sensibilities would not have a quickened pulse by such an un- timely, unexpected, unmanly, and even outrageous entrance into her private sleeping room ? I say it would be impossible for any woman, unless she was either insane or insensible to her surroundings, not to be agitated under such circumstances^ This was the only medical examination I had. This was the only trial of any kijid that I was allowed to have^ to prove the charge of insanity brought against me by my. husband. I had no chance of self defence whatever. My husband then informed me that the " forms of law " were all complied with, and he therefore requested me to dress myself for a ride to Jacksonville, to enter the In-sane Asylum as an inmate. I objected, and protested against being imprisoned without any trial. But to no purpose. My husband insisted upon it that I had no protection in the law, but himself, and that he was doing by me just as the laws of the State allowed him to do. I could not then credit this state~ ment, but now know it to be too sadly true ; for the Statute of Illi- nois expressly states that a man may put his wife into an Insane Asylum without evidence of insanity.. This law now stands on the 26th page, section 10, of the Illinois statute book, under the general head of " charities "! The law was passed February 15, 1851. I told my husband I should not go voluntarily into the Asylum, and leave my six children and my precious babe of eighteen months, without some kind of trial ; and that the law of force* brute force, would be the only power that should thus put me there! I then begged of him to handle me gently, if he. was determined to force me, as I was easily hurt, and should make no physical resistance. I was soon in the hands of the sheriff, who forced me from my home by ordering two men to carry me to the wagon which took me to the dt'pot. Esquire Labrie, our nearest neighbor, who witnessed this scene, said he was willing to testify before any court under oath, that " Mrs. Packard was literally kidnapped." I was carried to the cars from the depot in the arms of two strong men, whom my husband ap- pointed for this purpose, amid the silent and almost speechless gae of a larf e crowd of citizens who had collected for the purpose of res- INTRODUCTION it cuing me from the hands of my persecutors. But they were pre- vented from executing their purpose by the lie Deacon Dole was requested by my husband to tell the excited crowd, viz : that "The Sheriff has legal papers to defend this proceeding," and they well knew that for them to resist the Sheriff, the laws would expose them- selves to imprisonment. The Sheriff confessed afterwards to persons who are now willing to testify under oath, that he told them that he did not have a sign of a legal paper with him, simply because the probate court refused to give him any, because, as they affirmed, he had not given them one evidence of insanity in the case. Sheriff Burgess died while I was incarcerated. When once in the Asylum I was beyond the reach of all human aid, except what could come through my husband, since the law allows no one to take them out, except the one who put them in, or by his consent ; and my husband determined never to take me out, until I recanted my new opinions, claiming that I was incurably insane so long as I could not return to my old standpoint of religious belief. Of course, I could not believe at my option, but only as light and evidence was presented to my own mind, and I was too conscientious to act the hypocrite, by professing to believe what I could not believe. I was therefore pronounced "hopelessly insane," and in about six weeks from the date of my imprisonment, my hus- band made his arrangements to have me, henceforth, legally regarded as hopelessly insane. In this defenceless, deplorable condition I lay closely imprisoned three years, being never allowed to step iny foot on the ground after the first four months. At the expiration of three year?, my oldest son, Theophilus, became of age, when he immediately availed himself of his manhood, by a legal compromise with his father and the trustees, wherein he volunteered to hold himself wholly re- sponsible for my support for life, if bis father would only consent to take me out of my prison. This proposition was accepted by Mr. Packard, with this proviso: that if ever I returned to my own home and children he should put me in again for life. The Trustees had previously notified Mr. Packard that I must be removed, as they should keep me no longer. Had not this been the case, my son's proposition would doubtless have been rejected by him. The reasons why the Trustees took this position was, because they became satisfied that I was not a fit subject for that institution, in the following manner: On one of their official visits to the institution, I coaxed Dr. McFarland, superintendent of the Asylum, to let me go 6 INTRODUCTION. before them and '' fire a few guns at Calvinism," as I expressed my- self, that they might know and judge for themselves whether I de- served a life-long imprisonment for indulging such opinions. Dr. Me Farland replied to my request, that the Trustees were Calvinists, and the chairman a member of the Presbyterian Synod of the United States. " Never mind," said I, " I dont care if they are, I am not afraid to defend my opinions even before the Synod itsel I dont want to be locked up here all my lifetime without doing something. But if they are Calvinists," I added, " you may be sure they will call me insane, and then you will have them to back you up in your opinion and po- sition respecting me." This argument secured his consent to let me go before them. He also let me have two sheets of paper to write my opinions upon. "With my document prepared, " or gun loaded," as I called it, and examined by the Doctor to see that all .was right, that is, that it contained no exposures of himself, I entered the Trustees' room, arm in arm with the Doctor, dressed in as attractive and taste- ful a style as my own wardrobe and that of my attendant's would per- mit. Mr. Packard was present, and he said to my friends afterwards that he never saw his wife look so " sweet and attractive " as I then did. After being politely and formally introduced to the Trustees, in- dividually, I was seated by the chairman, to receive his permission to speak, in the following words : " Mrs. Packard, we have heard Mr. Packard's statement, and the Doctor said you would like to speak for. yourself. We will allow you ten minutes for that purpose." I then took out my gold watch, (which was my constant companion in my prison,) and looking at it, said to the Doctor, " please tell me if I overgo my limits, will you ? " And then commenced reading my document in a quiet, calm, clear, tone of voice. It commenced with these words : " Gentlemen, I am accused of teaching my children doctrines ruinous in their tendency, and such as alienate them from their father. I reply, that my teachings and practice both, are ruin- ous to Satan's cause, and do alienate my children from Satanic in- fluences. I teach Christianity, my husband teaches Calvinism. They are antagonistic systems and uphold antagonistic authorities. Chris- tianity upholds God's authority; Calvinism the devil's authority ," &c., &c. Thus I went on, most dauntlessly and fearlessly contrasting the two systems, as I viewed them, until my entire document was read, without being interrupted, although my time had more than expired. iHTRODUCflOS. 7 Confident I had secured their interest as well as attention, I ventured to ask if I might be allowed to read another document I held in my hand, which the Doctor had not seen. The request was voted upon and met not only with an unanimous response in the affirmative, but sev- eral cried out : " Let her go on ! Let us hear the whole ! " This doc- ument bore heavily upon Mr. Packard and the Doctor both. Still I was tolerated. The room was so still I could have heard a clock tick. When I had finished, instead of then dismissing me, they com- menced questioning me, and I only rejoiced to answer their questions, being careful however not to let slip any chance I found to expose the darkest parts of this foul conspiracy, wherein Mr. Packard and their Superintendent were the chief actors. Packard and McFarland both sat silent and speechless, while I fearlessly exposed their wicked plot against my personal liberty and my rights. They did not deny or contradict one statement I made, although so very hard upon them both. Thus nearly one hour was passed, when Mr. Packard was re- quested to leave the room. The Doctor left also, leaving me alone with the Trustees. These intelligent men at once endorsed my state- ment?, and became my friends. They offered me my liberty at once, and said that anything I wanted they stood ready to do for me. Mr. Brown, the Chairman, said he saw it was of no use for me to go to my husband ; but said they would send me to my children if I wished to go, or to my father in Massachusetts, or they would board me up in Jacksonville. I thanked them for their kind and generous offers ; " but," said I, " it is of no use for me to accept of any one of them, for I am still Mr. Packard's wife, and there is no law in America to protect a wife from her husband. I am not safe from him outside these walls, on this continent, unless I flee to Canada ; and there, I don't know as a fugitive wife is safe from her husband. The truth is, he is determined to keep me in an Asylum prison as long as I live, if it can be done ; and since no law prevents his doing so, I see no way for me but to live and die in this prison. I may as well die here as in any other prison." These manly gentlemen apprehended my sad condition and ex- pressed their real sympathy for me, but did not know what to advise me to do. Therefore they left it to me and the Doctor to do as we might think best I suggested to the Doctor that I write a book, and in this manner lay my case before the People the government of the United States and ask for the protection of the laws. The Doctor 8 INTRODUCTION. fell in with this suggestion, and I accordingly wrote my great book of seven hundred pages r entitled " The Great Drama, An Alle- gory," the first installment of which is already in print and six thous- and copies in circulation. This occupied me nine months, which com- pleted my three years of prison life. The Trustees now ordered Mr. Packard to take me away, as no one else could legally remove me. I protested against being put into his hands without some protection, knowing, as I did, that he intended to incarcerate me for life in Northampton Asylum, if he ever re- moved me from this. But, like as I entered the Asylum against my will, and in spite of my protest, so I was put out of it into the abso- lute power of my persecutor again, against my will, and in spite of my protest to the contrary. I was accordingly removed to Granville, Putnam County, Illinois, and placed in the family of Mr. David Field, who married my adopted sister, where my son paid my board for about four months. During this time, Granville community became acquainted with me and the facts in the case, and after holding a meeting of the citizens on the subject the result was, that Sheriff Leaper was appointed to commu- nicate to me their decision, which was, that I go home to my cliildren taking their Toluntary pledge as my protection; that, should Mr. Packard again attempt to imprison me "without a trial, that they would use their influence to get him imprisoned in a penitentiary, where they thought the laws of this Commonwealth would place him. They presented me thirty dollars also to defray the expenses of my journey home to Manteno. I returned to my husband and little ones, only to be, again treated as a lunatic. He cut me off from communication with this community, and my other friends, by intercepting my mail ; made me a close prisoner in my own house ; refused me interviews with friends who called to see me, so that he might meet with no interference in carrying out the plan he had devised to get me incar- cerated again for life. This plan was providentially disclosed to me, by some letters he accidentally left in my room one night, wherein I saw that I was to be entered, hi a few day.*, into Northampton Insane Asylum for life ; as one of these letters from Doctor Prince, Super- intendent of that Asylum, assured me of this fact. Another from his sister, Mrs. Marian Severance, of Massachusetts, revealed the mode in which she advised her brother to transfer me from my home prison to my Asylum prison. She advised him to let me go to New York, under the pretence of getting my book published, and have him fol- INTRODUCTION. low in a train behind, assuring the conductors that I must be treated as an insane person, although I should deny the charge, as all insane persons did, and thus make sure of their aid as accomplices in this conspiracy against my personal liberty. The conductor must be directed to switch me off to Northampton, Mass., instead of taking me to New York, and as my through ticket would indicate to me that all was right, she thought this could be done without arousing my suspicions ; then engage a carriage to transport me to the Asylum under the pre- text of a hotel, and then lock me up for life as a state's pauper ! Then, said she, you will have her out of the way, and can do as you please with her property, her children, and even her wardrobe ; don't, says she, be even responsible this time for her clothing. (Mr. Pack- ard was responsible for my body clothing in Jacksonville prison, but for nothing else. I was supported there three years as a state pauper. This fact, Mr. Packard most adroitly concealed from my rich father and family relatives, so that he could persuade my deluded father to place more of my patrimony in his hands, under the false pretense that he needed it to make his daughter more comfortable in the Asylum. My father sent him money for this purpose, supposing Mr. Packard was paying my board at the Asylum.) Another letter was from Dr. McFarland, -wherein I saw that Mr. Packard had made application for my readmission there, and Dr. Me Farland had consented to receive me again as an insane patient ! But the Trustees put their veto upon it, and would not consent to his plea that I be admitted there again. Here is his own statement, which I copied from his own letter: "Jacksonville, December 18, 1863. Rev. Mr. Packard, Dear Sir: The Secretary of the Trustees has probably before this communicated to you the result of their ac- tion in the case of Mrs. Packard. It is proper enough to state that I favored her readmission " ! Then follows his injunction to Mr. Pack- ard to be sure not to publish any thing respecting the matter. Why is this ? Does an upright course seek or desire concealment ? Nay, verily: It is conscious guilt alone that seeks concealment, and dreads agitation lest his crimes be exposed. Mine is only one of a large class of cases, where he has consented to readmit a sane person, particularly the wives of men, whose influence he was desirous of securing for the support of himself in his present lucrative position. Yes, many intelligent wives and mothers did I leave in that awful prison, whose only hope of liberty lies in the death of their lawful 10 INTRODUCTION. husbands, or in a change of the laws, or in a thorough ventilation of that institution. Such a ventilation is needed, in order that jus- tice be done to that class of miserable inmates who are now unjustly confined there. . When I had read these letters over three or four times, to make it sure I had not mistaken their import, and even took copies of some of them, I determined upon the following expedient as my last and only resort, as a self defensive act. There was a stranger man who passed my window daily to get water from our pump. One day as he passed I beckoned to him to take a note which I had pushed down through where the windows come together, (my windows were firmly nailed down and screwed together, so that I could not open them,) directed to Mrs. A. C. Has- lett, the most efficient friend I knew of in Manteno, wherein I in- formed her of my imminent danger, and begged of her if it was pos- sible in any way to rescue me to do so, forthwith, for in a few days I should be beyond the reach of all human help. She communicated these facts to the citizens, when mob law was suggested as the only available means of rescue which lay in their power to use, as no law existed which defended a wife from a husband's power, and no man dared to take the responsibility of protecting me against my husband. And one hint was communicated to me clandestinely that if I would only break through my window, a company was formed who would defend me when once outside our house. This rather unlady like mode of self defence I did not like to resort to, knowing as I did, if I should not finally succeed in this attempt, my persecutors would gain advantage over me, in that I had once injured property, as a reason why I should be locked up. As yet, none of my persecutors had not the shadow of capital to make out the charge of insanity upon,outside of my opinions j for my conduct and deportment had uniformly been kind, lady-like and Christian ; and even to thin date, January, 1866. I challenge any individual to prove me guilty of one unreasonable or insane act. The lady-like Mrs. Haslett sympathized with me in these views ; therefore she sought council of Judge Starr of Kanka- kee City, to know if any law could reach my case so as to give me the justice of a trial of any kind, before another incarceration. The Judge told her that if I was a prisoner in my own house, and any were willing to take oath upon it, a writ of habeas corpus might reach my case and thus secure me a trial. Witnesses were easily found who could take oath to this fact, as many had called at our house to INTRODUCTION. 11 see that my windows were screwed together on the outside, and our front outside door firmly fastened on the outside, and our back outside door most vigilantly guarded by day and locked by night. In a few days this writ was accordingly executed by the Sheriff of the county, and just two days before Mr. Packard was intending to start with me for Massachusetts to imprison me for life in Northampton Lunatic Asylum* he was required by this writ to bring me before the court and give his reasons to the court why he kept his wife a prisoner. The reason he gave for so doing was, that I was Insane. The Judge replied, " Prove it ! " The Judge then empannelled a jury of twelve men, and the following Trial ensued as the result. This trial continued five days. Thus my being made a prisoner at my own home was the only hinge on which my personal liberty for life hung, independent of mob law, as there is no law in the State that will allow a married woman the right of a trial against the charge of insanity brought against her by her husband ; and God only knows how many innocent wives and mothers my case represents, who have thus lost their liberty for life, by this arbitrary power, unchecked as it is by no law on the Statute book of Illinois. THE GREAT TRIAL OF MRS. ELIZABETH P. W. PACKARD, WHO WAS CONFINED FOR THREE YEARS IN THE STATE ASYLUM, OF ILLINOIS, OHARSEB BY HER HUSBAND, REV. THEOPHILUS PACKARD, WITH BEING INSANE. HER DISCHARGE FROM THE ASYLUM, AND SUBSE- QUENT IMPRISONMENT AT HER OWTC HOUSE BY HER HUSBAND. HER RELEASE ON A WRIT OF Habeas Corpus, AND TUB QUESTION OF HEB SANITY TRIED BY A JURY. HER SANITY FULLY ESTABLISHED. .. A FULL REPORT OP THE TRIAL, INCIDENTS, ETC. BY STEPHEN B. MOORE, ATTORNEY AT LAW. IN preparing a report of this trial, the writer has had but one object in view, namely, to present a faithful history of the case as narrated by the witnesses upon the stand, who gave their testimony under the solemnity of an oath. The exact language employed by the witnesses, has been used, and the written testimony given in full, with the ex- ception of a letter, written by Dr. McFarland, to Rev. Theophilua Packard, which letter was retained by Mr. Packard, and the writer waa unable to obtain a copy. The substance of the letter is found in the body of the report, and has been submitted to the examination of Mr. Packard's counsel, who agree that it is correctly stated. This case was on trial before the Hon. Charles R. Starr, at Kankakee City, Illinois, from Monday, January llth, 1864, to Tuesday the 19th, and came up on an application made by Mrs. Packard, under the Habeas Corpus Act, to be discharged from imprisonment by her husband in their own house. The case has disclosed a state of facts most wonderful and startling. Reverend Theophilus Packard came to Manteno, in Kankakee county, Illinois, seven years since, and has remained in charge of the Preabyte- rian Church of that place until the past two years. In the winter of 1859 and 1860, there were differences of opinion TRIAL OF MRS. PACKARD. 13 between Mr. Packard and Mrs. Packard, upon matters of leligicm, which resulted in prolonged and vigorous debate La the home circle. The heresies maintained by Mrs. Packard were carried by the husband from the fireside to the pulpit, and made a matter of inquiry by the church, aud which soon resulted in open warfare; and her views and propo- sitions were misrepresented and animadverted upon, from the pulpit, and herself made the subject of unjust criticism. In the Bible Class and in the Sabbath School, she maintained her religious tenets, and among her kindred and friends, defended herself from the obloquy of her husband. To make the case fully understood, I will here remark, that Mr. Pack- ard was educated in the Calvinistic faith, and for twenty-nine years hn3 been a preacher of that creed, and would in no wise depart from the religion of his fathers. He is cold, selfish and illiberal in hia views, possessed of but little talent, and a physiognomy innocent of expres- sion. He has large self-will, and his stubbornness is only exceeded by his bigotry. Mrs. Packard is a lady of fine mental endowments, and blest with a liberal education. She is an Original, vigorous, masculine thinker, and were it not for her superior judgment, combined with native mod* esty, she would rank as a "strong-minded woman." As it is, her conduct comports strictly with the sphere usually occupied by woman, She dislikes parade or show of any kind. Her confidence that Right will prevail, leads her to too tamely submit to wrongs. She was educated in the same religious befref with her husband, and during the first twenty years of married life, his labors in the parish and in the pulpit were greatly relieved by the willing hand and able intellect of his wife. Phrenologists would also say of her, that her self-will was large, and lier married life tended in no wise to diminish this phrenological bump. They have been married twenty-five years, and have six children, the issue of their intermarriage, the youngest of whom was eighteen months old when she was kidnapped and transferred to Jackson ville. J The older children have maintained a firm position against the abuse and persecutions of their father toward their mother, but were of too tender age to render her any material assistance. Her views of religion are more in accordance with the liberal views of the age in which we live. She scouts the Calvinistic doctrine of man's cota* depravity, and that God has foreordained some to be saved and others to be damned. She stands fully on the platform of man 8 free agency and accountability to God for his actions. She belie vea 11 MARITAL POWEB EXEMPLIFIED. that man, and nations, are progressive ; and that in his own good time, and in accordance with His great purposes, Right will prevail over Wrong, and the oppressed will be freed from the oppressor. She believes slavery to be a national sin, and the church and the pulpit a proper place to combat tliis sin. These, in brief, are the points in her religious creed which were combatted by Mr. Packard, and were de- nominated by him as "emanations from the devil," or "the vagaries of a crazed brain." For maintaining such ideas as above indicated, Mr. Packard denounced her from the pulpit, denied her the privilege of family prayer in the home circle, expelled her from the Bible Class, and refused to let her be heard in the Sabbath School. He excluded her from her friends, and made her a prisoner in her own house. Her reasonings and her logic appeared to him as the ravings of a mad woman her religion was the religion of the devil. To justify his conduct, he gave out that she was insane, and found a few willing be- lievers, among his family connections, This case was commenced by filing a petition in the words following, to wit: BTATB OP ILLINOIS, I IASKAKBE COUHTY. J To the Honorable CHABLES R. STABB, Judge of the 2Qth Judicial Circuit in the State of Illinois, William Haslet, Daniel Beedy, Zalmon Hanford, and Joseph Younglove, of said county, on behalf of Elizabeth P. W. Packard, wife of Theophilus Packard, of said county, respectfully represent unto your Honor, that said Elizabeth P. W. Packard is unlawfully restrained of her liberty, at Manteno, in the county of Kankakee, by her hus- band, Rev. Theophilus Packard, being forcibly confined and imprisoned in a close room of the dwelling-house of her said husband, for a long time, to wit, for the space of four weeks, her said husband refusing to let her visit her neighbors and refusing her neighbors to visit her ; that they believe her said husband is about to forcibly convey her from out the State ; that they believe there is no just cause or ground for restraining said wife of her liberty ; that they believe that said wife is a mild and amiable woman. And they are advised and believe, that said husband cruelly abuses and misuses said wife, by depriving her of her winter's clothing, this cold and inclement weather, and that there is no necessity for such cruelty on the part of said husband to said TRIAL OP MRS. PACKARD. 15 wife ; and they are advised and believe, that said wife desires to come w> Knnkakee City, to make application to your Honor for a writ of habeas corpus, to liberate herself from said confinement or imprison' ment, and that said husband refused and refuses to allow said wife to come to Kankakee City for eaid purpose ; and that these petitioners make application for a writ of habeas corpus in her behalf, at her request. These petitioners therefore pray that a writ of habeas corpus may forthwith issue, commanding said Theophilus Packard to pro- duce the body of said wife, before your Honor, according to law, and that said wife may be discharged from said imprisonment. (Signed) WILLIAM HASLET. DANIEL BEEDY. J. W. OBE, f ZALMON HANFOBD. H.LOWNG, \ p * aners '' -Aitorney. J. YOUNGLOVE. STEPHEN R. MOOBE, Counsel STATE OF ILLINOIS, I KANKAKEE COUNTY. } William Haslet, Daniel Beedy, Zalmon Hanford, and Joseph Younglove, whose names are subscribed to the above petition, being duly sworn, severally depose and say, that the matters and facts set forth in the above petition are true in substance and fact, to the best of their knowledge and belief. WILLIAM HASLET, DANIEL BEEDY ZALMON HANFOKO. J. YOUNGLOVE. Sworn to and subscribed before me, this ) llth day of January, A. D. 1864. J MASON B. Looms, J. P. Upon the above petition, the Honorable C, R. Starr, Judge as afore- said, issued a writ of habeas corpus, as follows: STATE OF ILLINOIS, I KANKAKEK COUNTY. f The People of the State of Illinois, To THEOPHILDS PAOKABD WE COMMAND YOU, That the body of Elizabeth P. W. Packard, in your custody detained and imprisoned, as it is said, together with the day and cause of caption and detention, by whatsoever name the same may be called, you safely have before Charles R. Starr, Judge 01* the Twentieth Judicial Circuit, State of Illinois, at his chambers, at K.Lnkakoe City in the said county, on the 12th instant, at one o'clock, 16 MARITAL POWER EXHMi'LIFllID. r. M., and to do and receive all and singular those things which the said Judge shall then and there consider of her in this behalf, aud have you then and there this writ. Wihness, Charles R. Starr, Judge aforesaid, this llth day of January, A. D. 1864. CHARLES R. STARR, [SEAL.] [Bmenue Stamp.] Judge of the ZQlh Judicial Circuit of the State of Miitah. Indorsed: "By the Habeas Corpus Act" To said writ, the Rev. Theophilus Packard made the following return : The within named Theophilus Packard does hereby certify, to the within named, the Honorable Charles R. Starr, Judge of the 20th Judicial Circuit of the State of Illinois, that the within named Eliza- beth P. W. Packard is n^w in my custody, before your Honor. That the aid Elizabeth is the wife of the undersigned, and is and has been for more than three years past insane, and for about three years of that time was in the Insane Asylum of the State of Illinois, under treat- ment, as an insane person. That she was discharged from said Asylum, without being cured, and is incurably insane, on or about the 18th day of June, A. D. 1863, and that since the 23rd day of October, the undersigned has kept the said Elizabeth with him in Manteno, in this county, and while he has faithfully and anxiously watched, cared for, and guarded the said Elizabeth, yet he has not unlawfully restrained her of her liberty ; and has not confined and imprisoned her in a close room, in the dwelling-house of the undersigned, or in any other place or way, but, on the contrary, the undersigned has allowed her all the liberty compatible with her welfare and safety. That the undersigned is about to remove his residence from Manteno, in this State, to the town of Deerfield, in the county of Franklin, in the State of Massa- chusetts, and designs and intends to take his said wife Elizabeth with bim. That the undersigned has never misued or abused the said Eliza- beth, by depriving her of her winter's clothing, but, on the contrary, the undersigned has always treated the said Elizabeth with kindness and affection, and has provided her with a sufficient quantity of winter clothing and other clothing ; and that the said Elizabeth has never made any request of the undersigned, for liberty to come to Kankakea City, for the purpose of suing out a writ of habeas corpus. The under- signed hereby presents a letter from Andrew McFarlnnd. Superin- tendent of the Illinois State Hospital, at Jacksonville, in this Suite, TRIAL OF MRS. PACKARD. 17 showing her discharge, and reasons of discharge, from said institution, which is marked " A," and is made a part of this return. And also presents a certificate from the said Andrew McFarland, under the seal of said hospital, marked " C," refusing to re-admit the said Elizabeth again into said hospital, on the ground of her being incurably insane, which is also hereby made a part of this return. THEOPHILUS PACKARD. Dated January 12, 1864. The Court, upon its own motion, ordered an issue to be formed, as to the sanity or insanity of Mrs. E. P. W. Packard, and ordered a venire of twelve men, to aid the court in the investigation of said issue. And thereupon a venire was issued. The counsel for the respondent, Thomas P. Bonfield, Mason B. Loomis, and Hon. C. A. Lake, moved the court to quash the venire, on the ground that the court had no right to call a jury to determine the question, on an application to be discharged on .a writ of habeas corpus. The court overruled the motion ; and thereupon the following jury was selected : John Stiles, Daniel G. Bean, V. H. Young, F. G. Hutchinson, Thomas Muncey, H. Hirshberg, Nelson Jarvais, "William Hyer, Geo. H. Andrews, J. F. Mafet, Lemuel Milk, G. M. Lyons. CHRISTOPHER W. KNOTT was the first witness sworn by the respondent, to maintain the issue on his part, that she was insane ; who being sworn, deposed and said : I am a practicing physician in Kankakee City. Have been in prac- tice fifteen years. Have seen Mrs. Packard ; saw her three or four years ago. Am not much acquainted with her. Had never seen her until I was called to see her at that time. I was called to visit her by Theophilus Packard. I thought her partially deranged on religious matters, and gave a certificate to that effect. I certified that she was insane upon the subject of religion. I have never seen her since. Cross-examination. This visit I made her was three or four years ago. I was there twice one-half hour each time. I visited her on request of Mr. Packard, to determine if she was insane. I learned from him that he designed to convey her to the State Asylum. Do not know whether she was aware of my object, or not. Her mind appeared to be excited on the subject of religion ; on all other subjects she was perfectly rational. It was probably caused by overtaxing the mental faculties. She was what might be called a monomaniac. Monomania 2 18 MARITAL POWER EXEMPLIFIED. IB insanity on one subject. Three-fourths of the religious community are insane in the same manner, in my opinion. Her insanity was such that with a little rest she would readily have recovered from it. The female mind is more excitable than the male. I saw her per- haps one-half hour each time I visited her. I formed my judgment as to her insanity wholly from conversing with her. I could see nothing except an unusual zealousness and warmth upon religious topics. Nothing was said, in my conversation with her, about disagree- ' ing with Mr. Packard on religious topics. Mr. Packard introduced the subject of religion the first time I was there : the second time, I intro- duced the subject. Mr. Packard and Mr. Comstock were present. The subject was pressed on her for the purpose of drawing her out. Mrs. Packard would manifest more zeal than most of people upon any subject that interested her. I take her to be a lady of fine mental abilities, possessing more ability than ordinarily found. She is pos- sessed of a nervous temperament, easily excited, and has a strong will. I would say that she was insane, the same as I would say Henry "Ward Beecher, Spurgeon, Horace Greely, and like persons, are insane. Probably three weeks intervened between the visits I made Mrs. Packard. This was in June, 1860. Re-examined. She is a woman of large, active brain, and nervous temperament. I take her to be a woman of good intellect. There is no subject which excites people so much as religion. Insanity pro- duces, oftentimes, ill-feelings towards the best friends, and particularly the family, or those more nearly related to the insane person but not so with monomania. She told me, in the conversation, that the Calvin- istic doctrines were wrong, and that she had been compelled to with- draw from the church. She said that Mr. Packard was more insane than she was, and that people would find it out. I had no doubt that she was insane. I only considered her insane on that subject, and she was not bad at that. I could not judge whether it was hereditary. I thought if she was withdrawn from conversation and excitement, she could have got well in a short time. Confinement in any shape, or restraint, would have made her worse. I did not think it was a bad case ; it only required rest. J. W. BBOWN, being sworn, said : I am a physician ; live in this city ; have no extensive acquaintance with Mrs. Packard. Saw her three or four weeks ago. ' I examined her as to her sanity or insanity. I was requested to make a visit, and had an extended conference with her : I spent some three hours with her. TRIAL OF MRS. PACKARD. 19 I had no difficulty in arriving at the conclusion, in my mind, that she WHS insane. Cross-examination. I visited her by request of Mr. Packard, at her house. The children were in and out of the room ; no one else was present. I concealed my object in visiting her. She asked me if I was a physician, and I told her no ; that I was an agent, selling sewing machines, and had come there to sell her one. The first subject we conversed about was sewing machines. She showed no signs of insanity on that subject. The next subject discussed, was the social condition of the female sex. She exhibited no special marks of insanity on that subject, although she had many ideas quite at variance with mine, on the subject. The subject of politics was introduced. She spoke of the condition of the North and the South. She illustrated her difficulties with Mr. Packard, by the difficulties between the North and the South. She said the South was wrong, and was waging war for two wicked purposes : first, to overthrow a good government, and second, to establish a despotism on the inhuman principle of human slavery. But that the North, having right on their side, would prevail. So Mr. Packard was opposing her, to overthrow free thought in woman ; that the despotism of man may prevail over the wife ; but that she had right and truth on her side, and that she would prevail. During this conversation I did not fully conclude that she was insane. I brought up the subject of religion. We discussed that subject for a long time, and then I had not the slightest difficulty in concluding that she was hopelessly insane. Question. Dr., what particular idea did she advance on the subject of religion that led you to the conclusion that she was hopelessly insane? Answer. She advanced many of them. I formed my opinion not so much on any one idea advanced, as upon her whole conversation. She then said that she was the " Personification of the Holy Ghost." I did not know what she meant by that. Ques. "Was not this the idea conveyed to you in that conversation : That there are three attributes of the Deity the Father, the Son, and the Holy Ghost ? Now, did she not say, that the attributes of the Father were represented in mankind, in man ; that the attributes oi the Holy Ghost were* represented in woman ; and that the Son waa the fruit of these two attributes of the Deity ? Ans. Well, I am not sure but that was the idea conveyed, though I did not fully get her idea at the time. 20 MARITAL POWER EXEMPLIFIED. tyues. Was not that a new idea to you in theology r Ans. It was. Ques. Are you much of a theologian? Ans. No. Ques. Then because the idea was a novel one to you, you pro nounced her insane. Ans. Well, I pronounced her insane on that and other things thai exhibited themselves in this conversation. Ques. Did she not show more familiarity with the subject of religion and the questions of theology, than you had with these subjects? Ans. I do not pretend much knowledge on these subjects. Ques. What else did she say or do there, that showed marks of insanity ? Ans. She claimed to be better than her husband that she was right and that he was wrong and that all she did was good, and all he did was bad; that she was farther advanced than other people, and more nearly perfection. She found fault .particularly that Mr. Packard would not discuss their points of difference on religion in an open, manly way, instead of going around and denouncing her aa crazy to her friends and to the church. She had a great aversion to being called insane. JJefore I gt through the conversation she exhibited a great dislike to me, and almost treated me in a contemptuous manner. She appeared quite lady-like. She had a great reverence for God, and a regard for religious and pious people. Re-examined. Ques. Dr., you may now state all the reasons you have for pronouncing her insane. Ans. I have written down, in order, the reasons which I had, to found my opinion on, that she was insane. I will read them. 1. That she claimed to be in advance of the age thirty or forty years. 2. That she disliked to be called insane. 3. That she pronounced me a copperhead, and did not prove the fact. 4. . An incoherency of thought. That she failed to illuminate ra and fill me with light. 5. Her aversion to the doctrine of the total depravity of man. 6. Her claim to perfection or nearer perfection in action and conduct 7. Her aversion to being called insane. 8. Her feelings towards her husband. 9. Her belief that to call her insane and abuse her, was blasphemy against the Holy Ghost. TRIAL OTT MRS. PACKARD. 21 10. Her explanation of this idea. 11. Incoherency of thought and ideas. 12. Her extreme aversion to the doctrine of the total depravity of mankind, and in the same conversation, saying her husband was a specimen of man's total depravity. 13. The general history of the case. 14. Her belief that some calamity would befall her, owing to my being there, and her refusal to shake hands with me when I went away. 15. Her viewing the subject of religion from the osteric stand- point of Christian exegetical analysis, and agglutinating the polsyn- thetical ectoblasts of homogeneous asceticism. The witness left the stand amid roars of laughter ; and it required some moments to restore order in the court-room. JOSEPH H. WAY, sworn, and said : I am a practicing physician in Kankakee City, Illinois. I made a medical examination of Mrs. Packard a few weeks since, at her house; was there perhaps two hours. On most subjects she was quite sane. On the subject of religion I thought she had some ideas that are not generally entertained. At that time I thought her to be somewhat deranged or excited on that subject; since that time I have thought perhaps I was not a proper judge, for I am not much posted on disputed points in theology, and I find that other people entertain similar ideas. They are not in accord- ance with my views, but that is no evidence that she is insane. Cross-examined. I made this visit at her house, or his house, per- haps, at Manteno. I conversed on various subjects. She was per- fectly sane on every subject except religion, and I would not swear now that she was insane. She seemed to have been laboring under an undue excitement on that subject. She has a nervous temperament, and is easily excited. She said she liked her children, and that it was hard to be torn from them. That none but a mother could feel the ' anguish she had suffered ; that while she was confined in the Asylum, the children had been educated by their father to call her insane. She ^said she would have them punished if they called their own mother insane, for it was not right. ABIJAH DOLE, sworn, and says : I know Mrs. Packard ; have known her twenty-five or thirty years. I am her brother-in-law. Lived in Manteno seven years. Mrs. : , : 22 MARITAL POWER EXEMPLIFIED. Packard has lived there six years. I have been sent for several times by her and Mr. Packard, and found her in an exoited state of mind. I was there frequently ; we were very familiar. One morning early, I was sent for : she was in the west room ; she was in her night clothes. She took me by the hand and led mo to the bed. Libby was lying in bed, moaning and moving her head. Mrs. Packard now spoke and said, "How pure we are." "I am one of the children of heaven; Libby is one of the branches."-*," The wo- man shall, bruise the serpent's head." She called Mr. Packard & devil. She said, Brother Dole, these are serious matters. If Brother Haslet will help me, we will crush the body. She said, Christ had come into the world to save men, and that she had come to save woman. Her hair was disheveled. Her face looked wild. This was over three years ago. I was there again one morning after this. She came to me. She pitied me for marrying my wife, who is a sister to Mr. Packard ; said I might find an agreeable companion. She said if she had cultivated ama- tiveness, she would have made a more agreeable companion. She took me to another room and talked about going away ; this was in June before taey took her to the State Hospital. She sent for me again ; she was in the east room ; she was very cordial. She wanted me to intercede for Theophilus, who was at Marshall, Michigan ; she wanted him to stay there, and it was thought not advisable for him to stay. "We wished him to come away, but did not tell her the reasons. He was with a Swedenborgian. After this I was called there once in the night. She said she could not live with Mr. Packard, and she thought she had better go away. One time she was in the Bible class. The question came up in regard to Moses smiting the Egyptian ;. she thpught Moses had acted too hasty, but that all things worked for the glory of God. I requested her to keep quiet, and she agreed to do it. I have had no conversation with Mrs. Packard since her return from the Hospital ; she will not talk with me because she thinks I think she is insane. Her brother came to see her ; he said he had not seen her for four or five years. I tried to have Mrs. Packard talk with him, and she would not have anything to do with him because he said she was a crazy woman. She generally was in the kitchen when I was there, overseeing her household affairs. I was superintendent of the Sabbath School. One Sabbath, just at the close of the school, I was behind the desk, and almost like a vision she appeared before me, and requested to deliver or read an address to TRIAL (.F MRS. PACKARD. 23 the school. I was much surprised ; I felt so bad, I did not know what to do. (At this juncture the witness became very much affected, and choked up so that he could not proceed, and cried so loud that he could be heard in any part of the court-room. When he became calm, he went on and said), I was willing to gratify her all I could, for I knew she was crazy, but I did not want to take the responsibility myself, so I put it to a vote of the school, if she should be allowed to read it*i She was allowed to read it. It occupied ten or fifteen minutes in reading. I cannot state any of the particulars of that paper. It bore evidence of her insanity. She went on and condemned the church, all in all, and the individuals composing the church, because they did not agree with her. She looked very wild and very much excited. She seemed to be insane. She came to church one morning just as services com- menced, and wished to have the church act upon her letter withdrawing from the church immediately. Mr. Packard was in the pulpit. She wanted to know if Brother Dole and Brother Merrick were in the church, and wanted them to have it acted upon. This was three years ago, just before she was taken away to the hospital. Cross-examined. I supposed when I first went into the room that her influence over the child had caused the child to become deranged. The child was nine years old. I believed that she had exerted some 1 mesmeric or other influence over the child, that caused it to moan and'toss its head. The child had been sick with brain fever ; I learned that after I got there. I suppose the mother had considerable anxiety over the child; I suppose she had been watching over the child all night, and that would tend to excite her. The child got well. It was sick several days after this ; it was lying on the bed moaning and tossing its head; the mother did not appear to be alarmed. Mr. Packard was not with her ; she was all alone ; she did not say that Mr. Packard did not show proper care for the sick child. I suppose she thought Libby would die. Her ideas on religion did not agree with mine, nor with my view of the Bible. I knew Mr. Packard thought her insane, and did not want her to discuss these questions in the Sabbath School. I knew he had opposed ner more or less. This letter to the church was for the purpose of asking for a letter from the church. Question. "Was it an indication of insanity that she wanted to leave the Presbyterian Church ? 24 MARITAL POWER EXEMPLIFIED. Answer. I think it strange that she should ask for letters from the church. She would not leave the church unless she was insane. lam a member of the church I believe the church is right. 1 believe everything the church does is right. I believe everything in the Bible. . Ques. Do you believe literally that Jonah was swallowed by a whale, and remained in its "belly three days, and was then cast up ? Ans. I do. Ques. Do you believe literally that Elijah went direct up to Heaven in a chariot of fire that the chariot had wheels, and seats, and was drawn by horses ? Ans. I do for with God all things are possible. Ques. Do you believe Mrs. Packard was insane, and is insane ? Ans. I do. I never read any of Swedenborg's works. I do not deem it proper for persons to investigate new doctrines or systems of theology. Re-examined. I became a Presbyterian eight years ago. I waa formerly a Congregatioualist ; Mr. Packard was a Congregationalist. Re-cross-examination. Ques. Was it dangerous for you to examine the doctrines or theology embraced in the Presbyterian Church, when you left the Congregational Church, and joined it? Ans. I will not answer so foolish a question. "Witness discharged. JOSEPHUS B. SMITH, sworn, says : Am aged fifty years ; have known Mrs. Paakard seven years. I cannot tell the first appearance of any abnormal condition of her mind. I first saw it at the Sabbath School. She came in and wished to read a communication. I do not recollect everything of the communication. She did not read the letter, but presented it to Brother Dole. She said something about her small children, and left. She seemed to be excited. There was nothing very unusual in her appearance. Her voice was rather excited; it could be heard nearly over the house. I merely recall the circumstance, but recollect scarce anything else. It was an unusual thing for any person to come in and read an address. I do not recollect anything unusual in her manner. (At this stage of the trial, an incident occurred that for a time rtopped all proceedings, and produced quite an excitement in the jom t-room ; and this report would not be faithful if it were passed ovei unnoticed. Mrs. Dole, the sister of Mr. Packard, came in, leading TRIAL OF MRS. PACKARD. 25 the little daughter ol Mrs. Packard, and in passing by the table occupied by Mrs. Packard and her counsel, the child stopped, went up to her mother, kissed and hugged her, and was clinging to her with all child-like fervor, when it was observed by Mrs. Dole, who snatched the child up and bid it "come away from that woman ; " adding, " She is not fit to take care of you I have you in my -charge ; " and thereupon led her away. The court-room was crowded to ita utmost, and not a mother's heart there but what was touched, and scarce a dry eye was seen. Quite a stir was made, but the sheriff soon restored order.) Cross-examined. I had charge of the Sunday School; am a member of Mr. Packard's church. I knew Mr. Packard had considered her insane ; knew they had had difficulties. I was elected superintendent of the school in place of Brother Dole, for the special purpose of keeping Mrs. Packard straight. SYBIL DOLE, sworn, and says I am Mr. Packard's sister; have known her teds ; they needed cleaning badly. I went there afterward ; her daughter let me in. On Saturday before the trial commenced, I was let into her room by *Mr. Packard ; she had no fire in it ; we sat there m the cold. Mr. Packard had a handful of keys, and unlocked the door and let me in. Mrs. Hanford was with me. Before this, Mrs. Hanford and myself went there to see her ; he would not let us see her ; ne shook his hand at me, and threatened to put me out. Mrs. HASLET, sworn, and said : Know Mrs. Packard very well ; have known her since they lived in Manteno ; knew her in the spring of 1860 ; and since she returned from Jacksonville, we have been on intimate terms. I never saw any signs of insanity with her. I called often before she was kidnapped and car- ried to Jacksonville, and since her return. I recollect the time Miss Rumsey was there; I did not see anything that showed insanity. I called to see her in a few days after she re- "turned from Jacksonville; she was in the yard, cleaning feather beda. I called again in a few days ; she was still cleaning house. The house needed cleaning ; and when I again called, it looked as if the mistress of the house was at home. She had no hired girl. I went again, and was not admitted. I conversed with her through the window ; the window was fastened down. The son refused me admission. The window \Y;>> fastened with nails on the inside, and by two screws, passing iii!-i>ugU the lower part of the upper sash and the upper part of the lower sjisli, from the outside. I did not see Mr. Packard this time. Cross-examination. She talked about getting released from her imprisonment. She asked if filing a bill of complaint would lead to a divu^tj. She said she did not want a divorce ; she only wanted pro- tection from Mr. Packard's cruelty. I advised her to not stand it ouietly, but get a divorce. TKIAL OF MRS. TACKAKD. 37 Dr. DUXCAXSON, sworn, and said : I live here ; am a physician ; have been a clergyman ; have been a practicing physician twenty-one years. Have known Mrs. Packard since ^.is trial commenced. . Have "known her by general report for three years and upwards. I visited her at Mr. Orr's. I was requested to go there and have a conversation with her and determine if she was sane or insane. Talked three hours with her, on political, religious and scientific subjects, and on mental and moral philosophy. I was educated at and received diplomas from the University of Glasgow, and Anderson University of Glasgow. I went there to see her, and prove or disprove her insanity. I think not only that she is sane, but the most intelligent lady I have talked with ha many years. We talked religion very thoroughly. I find her an expert in both departments, Old School and New School theology. There are thousands of persons who believe just as she does. Many of her ideas and doctrines are embraced in Svvedenborgianism, and many are found only in the New School theology. The best and most learned men of both Europe and this country, are advocates of these doctrines, in one shape or the other ; and some bigots and men with minds of small calibre may call thest great minds insane ; but that does not make them insane. An insane mind is a diseased mind. These minds are the perfection of intellectua. powers, healthy, strong, vigorous, and just the reverse of diseased minds, or insane. Her explanation of woman representing the Hojy Ghost, and man representing the male attributes of the Father, ana that the Son is the fruit of the Father and the Holy Ghost, is a very ancient theological dogma, and entertained by many of our most emi- nent men. On every topic I introduced, sir was perfectly familiar, aud discussed them with an intelligence thac at once showed she was possessed of a good education, and a strong and vigorous mind. I did not agree with her hi sentiment on many things, but I do not call people insane because they differ from me, nor from a majority, even, of people. Many persons called Swedenborg insane. That is true ; but he had the largest brain of any person during the age in which he lived ; and no one now dares call him insane. You rrvght with as much propriety call Christ insane, because he taught the people many new and strange things ; or Galileo ; or Newton ; or Lutner . or Robert Fulton; or Morse, who electrified the world; or Watts or a thousand others I might name. Morse's best friends for a jong time thought him mad ; yet there was a magnificent nuau, tuv em- bodiment of health and vigor. So with Mrs. Packard ; there is wanting every indication of insanity 38 MARITAL POWGR EXEMPLIFIED. that is laid down in the books. I pronounce her a sane woman, and wish we had a nation of such women. This witness was cross-examined at some length, which elicited nothing new, when he retired The defense now announced to the court that they had closed all the testimony they wished to introduce, and inasmuch as the case had occupied so much time, they would propose to submit it without argu- ment. The prosecution would not consent to this arrangement. The case was argued ably and at length, by Messrs. Loomis and Bonfield for the prosecution, and by Messrs. Orr and Loring on the part of the defense. It would be impossible to give even a statement of the arguments made, and do the attorneys justice, in the space allotted to this report. On the 18th day of January, 1864, at 10 o'clock, p. M., the jury retired for consultation, under the charge of the sheriff. After an ab- sence of seven minutes, they returned into court, and gave the follow- ing verdict: STATE OF ILLINOIS, ) KANKAKEE COUNTY, j We, the undersigned, Jurors in the case of Mrs. Elizabeth P. W. Packard, alleged to be insane, having heard the evidence in the case, are satisfied that said Elizabeth P. "W. Packard is SANE. JOHN STILES, Foreman. H. HIRSHBERO, DANIEL G. BEAN. NELSON JERVAIS. F. G. HUTCHINSON. WILLIAM HYER. V. H. YOUNG. GEO. H. ANDREWS G. M, LYONS. J. F. MAFIT. THOMAS MUNCEY. LEMUEL MILK. Cheers rose from every part of the house ; the ladies waved thei* handkerchiefs, and pressed around Mrs. Packard, and extended her their congratulations. It was sometime before the oxitburst of applause couM V checked. When order was restored, the counsel for Mrs PacKard n>-dTef opinions, no matter how absurd these opinions may appear to others. REASONS. 1st This Law is needed for the personal safety of Reformers. "We are living in a Progressive Age. Everything is in a state of trans- mutation, and, as our laws now are, the Reformer, the Pioneer, the Originator of any new idea is liable to be treated as a Monomaniac, with imprisonment. 2d. It is a Grime against human progress to allow Reformers to be treated as Monomaniacs ; for, who will dare to be true to the inspira- tions of the divinity within them, if the Pioneers of truth are thus liable to lose their personal liberty for life by so doing ? 3d. It is Treason against the principles of our Government to treat opinions as Insanity, and to imprison for it, as our present laws allow. 4th. There always are those in every age who are opposed to every thing new, and if allowed, will persecute Reformers with the stigma of Insanity. This has been the fate of all Reformers, from the days of Christ the Great Reformer until the present age. 5th. Our Government, of all others, ought especially to guard, by legislation, the vital principle on which it is based, namely : indi- viduality, which guarantees an individual right of opinion to all persons. Therefore, gentlemen, protect your thinkers! by a law, against the charge of Monomania, and posterity shall bless our government, as a model government, and Massachusetts as the Pioneer State, in thus protecting individuality as the vital principle on which the highest de- velopment of humanity rests. BILL No. 2. No person shall be imprisoned, and treated as an insane person, except for irregularities of conduct, such as indicate that the indi- vidual is so lost to reason, as to render him an unaccountable moral agent. REASONS. Multitudes are now imprisoned, without the least evidence that reason is dethroned, as indicated by this test. And I am a repre- 56 MARITAL POWER EXEMPLIFIED. santative of this class of prisoners ; for, when Dr. McFarland was driven to give his reasons for regarding me as insane, on this ba^is, the only reason which he could name, after closely inspecting my conduct for three years, was, that I once "fell down stairs ! " I do insist upon it, gentlemen, that no person should be impris- oned without a just cause ; for personal liberty is the most blessed boon of our existence, and ought therefore to be reasonably guarded as an inalienable right. But it is not reasonably protected under our present legislation, while it allows the simple opinion of two doctors to imprison a person for life, without one proof in the conduct of the accused, that he is an unaccountable moral agent. "We do not hang a person on the simple opinion that he is a murderer, but proof is required from the accused's own actions, that he is guilty'of the charge which forfeits his life. So the charge which forfeits our personal lib- erty ought to be proved from the individual's own conduct, before im- prisonment. So long as insanity is treated as a crime, instead of a misfortune, as o ir present system practically does so treat it, the protection of our individual liberty imperatively demands such an enactment. Many contend that every person is insane on some point. On this ground, ail persons are liable to be legally imprisoned, under our present system ; for intelligent physicians are everywhere to be found, who will not scruple to give a certificate that an individual is a Monoma- niac on that point where he differs from him in opinion! This Mo- nomania in many instances is not Insanity, but individuality, which is the highest natural development of a human being. Gentlemen, I know, and have felt, the horrors the untold soul agonies attendant on such a persecution. Therefore, as Philanthrox pists, I beg of you to guard your own liberties, and those of your countrymen, by recommending the adoption of these two Bills as an imperative necessity. The above Bills were presented to the Committee on the Commit- ment of the Insane, in Boston State House, March 29, 1865, by MRS. E. P. W. PACKARD. The result was, the petition triumphed, by so changing the mode of commitment, that, instead of the husband being allowed to enter his wife at his simple request, added to the certificate of two physi- C cians, he must now get ten of her nearest relatives to join with him in ,^_ this request ; and the person committed, instead of not being allowed NARRATIVE OP EVENTS. 57 to communicate by writing to any one outside of the Institution, ex- cept under the censorship of the Superintendent, can now send a let- ter to each of these ten relatives, and to any other two persons whom the person committed shall designate. This the Superintendent is required to do within two days from the time of commitment. This Law is found in Chapter 268, Section 2, of the General Laws of Massachusetts. I regard my personal liberty in Massachu- setts now as not absolutely in the power of my husband ; as my family friends must now co-operate in order to make my commitment legal. And since my family relatives are now fully satisfied of my sanity, after having seen me for themselves, I feel now comparatively safe, while in Massachusetts. I therefore returned to my father's house in Sunderland, and finding both of my dear parents feeble, and in need of some one to care for them, and finding myself in need of a season of rest and quiet, I accepted their kind invitation to make their house my home for the present. At this point my father indicated his true position in relation to my interests, by his self-moved efforts in my behalf, in writing and sending the following letter to Mr. Packard.* COPT . man government thus to usurp the whole legal power of self-protec- tion and defence, and leave confiding, trusting woman wholly at the meivy of this gigantic power. For perverted men will use this absolute power to abuse the defenceless, rather than protect them; and abuse of power inevitably leads to the contempt of its victim. A man who can trample on all the inalienable rights of his wife, will, by so doing, come to despise her as an inevitable consequence of wrong doing. Woman, too, is a more spiritual being than a man, and is therefore a more sensitive being, and a more patient sufferer than a man ; therefore she, more than any other being, needs pro- tection, and she should find it in that government she has sacrificed so much to uphold and sustain. Again, I do not believe in the divorce principle. I say it is a " Se- cession " principle. It undermines the very vital principle of our Union, and saps the very foundation of our social and civil obliga- tions. For example. Suppose the small, weak and comparatively feeble States in our Union were not protected by the Government in any of their State rights, while the large, strong, and powerful ones. Lad their Slate rights fully guaranteed and secured to them. Would not this state of the Union endanger the rights of the defenceless ones ? and endanger the Union also? Could these defenceless Spates resort to any other means of self-defence from the usurpation of the powerful States than that of secession ? But secession is death to the Union death to the principles of love and harmony which ought to bind the parts in one sacred whole. Now, I claim that the Marriage Union rests on just this principle, as our laws now stand. The woman has no alternative of n^Ort from any kind of abuse from her partner, but divorce, or secession from the Marriage Union. Now the weak States have rights as well as the strong ones, and it is the rights of the weak, which the govern- ment are especially bound to respect and defend, to prevent usurpa- tion and its legitimate issue, secession from the Union. What we want of our government is to prevent this usurpation, by protecting us equally with our partners, so that we shall not need a divorce n. all. By equality of rights, I do not mean that woman's rights and man's rights are one and the same. By no means ; we do not want the man's rights, but simply our own, natural, womanly rights. There are man's rights and woman's rights. Both different, yet both eq ally inalienable. There must be a head in every firm; and the head in the Marriage Firm or Union is the man, as the Bible and nature both MISCELLANEOUS QUESTIONS ANSWERED. 65 plainly teach. We maintain that the senior partner, the man, has rights of the greatest importance, as regards the interests of the mar- riage firm, which should not only be respected and protected by oar government, but ako enforced upon them as an obligation, if the senior is not self-moved to use his rights practically and one of the&e his rights, is a right to protect his own wife and children. The junior partner also has rights of equal moment to the interests of the firm, and one of these is her right to be protected by her senior partner. Not protected in a prison, but in her own home, as mistress of her own house, and as a Gfod appointed guardian of her infant children. The government would then be protecting the marriage union, while it now practically ignores it. To make this matter still plainer, suppose this government was under the control of the female instead of the male influence, and suppose our female government should enact laws which required the men when they entered the marriage union to alienate their right to hold their own property their right to hold their future earnings their right to their own homes their right to their own offspring, if they should have any their right to their personal liberty and all these rights be passed over irito the hands of their wives for safe keeping, and so long as they chose to be married men, all their claims on our womanly government for protection should be abrogated entirely by this marriage contract. Now, I ask, how many men would venture to get married under these laws ? Would they not be tempted to ignore the marriage laws of our woman government altogether ? Now, gentlemen, we are sorry to own it, this is the very condition in which your man government places us. We, women, looking from this very standpoint of sad experience, are tempted to exclaim, where is the manliness of our man government ! Divorce, I say, then, is in itself an evil and is only employed as an evil to avoid a greater one, in many instances. Therefore, in- stead of being forced to choose the least of two evils, I would rather reject both evils, and choose a good thing, that of being protected in my own dear home from unmerited, unreasonable abuse a restitu- tion of my rights, instead of a continuance of this robbery, sanc- tioned by a divorce. In short, we desire to live under such laws, as will oblige our hus- bands to treat us with decent ra-pect, so long as our good conduct merits it, and then will they be made to feel a decent regard for us as their companions and partners, whom the laws protect from their abuse. 9 CG MARITAL POWER EXEMPLIFIED. SECOND QUESTION. " What are your opinions, Mrs. Packard, which have caused all this rupture in your once happy family ? " My first impulse prompts me to answer, pertly, it is no one s bus- iness what I think but my own, since it is to God alone I am ac- countable for my thoughts. Whether my thoughts are right or wrong, true or false, is no one's business but my own. It is my own God given right to superintend my own thoughts, and this right I shall never guarantee to any other human being for God himself has authorized me to "judge ye not of your own selves what is right ? " Yes, I do, and shall judge for myself what is right for me to think, what is right for me to speak, and what is right for me to do and if I do wrong, I stand amenable to the laws of society and my country ; for to human tribunals I submit all my actions, as just and proper matter for criticism and control. But my thoughts, I shall never yield to any human tribunal or oligarchy, as a just and proper matter for arbitration or discipline. It is my opinion that the time has gone by for thoughts to be chained to any creeds or oligarchys ; but on the contrary, these chains and restraints which have sp long bound the human reason to human dictation, must be broken, for the reign of in- dividual, spiritual freedom is about dawning upon our progressive world. Yes, I insist upon it, that it is my own individual right to auperin- tend my own- thoughts ; and I say farther, it is not my right to super- intend the thoughts or conscience of any other developed being. It is none of my business what Mr. Packard, my father, or any other developed man or woman believe or think, for I do not hold myself responsible for their views. I believe they are as honest and sincere as myself in the views they cherish, although so antagonistic to my own ; and I have no wish or desire to harass or disturb them, by urging my views upon their notice. Yea, further, I prefer to have them left entirely free and unshackled to believe just as their own developed reason dictates. And all I ask of them is, that they allow me the same privilege. My own dear father does kindly allow me this right of a developed moral agent, although we differ as essen- tially and materially in our views as Mr. Packard and I do. We, like two accountable moral agents, simply agree to differ, and all is peace and harmony. My individuality has been naturally developed by a life of practi- cal godliness, so that I now know what I do believe, as is not the case with that class in society who dare not individualize themselves. This MISCELLANEOUS QUESTIONS ANSWERED. 67 class are mere echoes or parasites, instead of individuals. They just flow on with the tide of public sentiment, whether right or wrong ; whereas the individualized ones can and do stem or resist this tide, when they think it is wrong, and in this way they meet with perse- cution. It is my misfortune to belong to this unfortunate class. Therefore I am not ashamed or afraid to avow my honest opinions even in the face of a frowning world. Therefore, when duty to my- self or others, or the cause of truth requires it, I willingly avow my own honest convictions. On this ground, I feel not only justified, but authorized, to give the question under consideration, a plain and can- did answer, knowing that this narrative of the case would be incom- plete without it. Another thing is necessary as an introduction, and that is, I do not present my views for others to adopt or endorse as their own. They are simply my individual opinions, and it is a matter of indifference to me, whether they find an echo in any other individual's heart or not. I do not arrogate to myself any popish right or power to enforce my opinions upon the notice of any human being but myself.. "While at the same time^, I claim that I have just as good a right to my opinions as Scott, Clark, Edwards, Barnes, or Beecher, or any other human being has to theirs. ' And furthermore, these theologians have no more right to dictate to me what I must think and believe, than I have to dictate to them what they must think and believe. All have an equal right to their own thoughts. 'And I know of no more compact form in which to give utterance to my opinions, than by inserting the following letter, I wrote from my prison, to a lady friend in Mt. Pleasant, Iowa, and sent out on my " under ground railroad." The only tidings I ever got from this letter, was a sight of it in one of the Chicago papers, following a long and minute report of my jury trial at Kankakee. I never knew how it found its way there ; I only knew it was my own identical letter, since I still retain a true copy of the original among my Asylum papers. The following is a copy of the original letter, as it now stands in my own hand-writing. The friend to whom it was written has requested me to omit those portions of the letter which refer directly to herself. In compliance with her wishes, I leave a blank for such omissions. In other respects it is a true copy. The candid reader can judge for himself, whether the cherishing of such rad- ical opinions is not a crime of sufficient magnitude, to justify all my wrongs and imprisonment! Is not my persecutor guiltless in thismatter? 68 MARITAL POWER EXEMPLIFIED. COPY OF THE LETTER. Jacksonville, HI., Oct. 23d, 1861. MRS. FISHER. MY DEAR OLD FKIEND : My love and sympathy for you is undiminished. Changes do not sever our hearts. I cannot but respect your self-reliant, independent, and therefore progressive efforts to become more and more assimi- lated to Christ's glorious image. I rejoice whenever I find one who dares to rely upon their own organization, in the investigation of truth. In other words, one who dares to be an independent thinker. * * * Yes, you, Mrs. Fisher, in your individuality, are just what God made you to be. And I respect every one who respects himself enough not to try to pervert their organization, by striving to remodel it, and thus defile God's image in them. To be natural, is our highest praise. To let God's image shine through our individuality, should be. our highest aim. Alas, Mrs. Fisher, how few there are, who dare to be true to their God given nature ! That terrible dogma that our natures are depraved, has ruined its advocates, and led astray many a guileless, confiding soul. Why can we not accept of God's well done work as perfect, and instead of de- filing, perverting it, let it stand in all its holy proportions, filling the place God designed it to occupy, and adorn the temple it was fitted for ? I, for one, Mrs. Fisher, am determined to be a woman, true to my nature. I regard my nature as holy, and every deviation from, its instinctive tendency, I regard as a perversion a sin. To live a nat- ural, holy life, as Christ did, I regard as my highest honor, my chief glory. I know this sentiment conflicts with our educated belief our Church creeds and the honestly cherished opinions of our relatives and friends. Still I believe a " thus saith the Lord " supports it. Could Christ take upon himself our nature, and yet know no sin, if our natures are necessarily sinful ? Are not God's simple, common sense teaching*, authority enough for our opinions ? It is, to all hon- est souls. Indeed, Mrs. Fisher I have become so radical, as to call in ques- tion every opinion in my educated belief, which conflicts with the dictates of reason and common sense. I even believe that God has revealed to his creatures no practical truth, which conflicts with the common instincts of our common natures. In other words, I believe that God has adapted our natures to his teachings. Truth and MISCELLANEOUS QUESTIONS ANSWERED. 69 nature harmonize. I believe that all truth has its source in God, and is eternal. But some perceive truth before others, because some are less perverted in their natures than others, by their educational influ- ences, so that the light of the sun of righteousness finds less to obstruct its beams in some than in others. Thus they become lights in the world, for the benefit of others less favored. * * * You preceded me, in bursting the shackles of preconceived opinions and creeds, and have been longer basking in the liberty wherewith Christ makes his people free, and have therefore longer been taught of him in things pertaining to life and godliness. Would that I had had the mental courage sooner to have imitated you, and thus have broken the fetters which bound me to dogmas and creeds. O, Mrs. Fisher, how trammelled and crippled our consciences have been ! O, that we might have an open Bible, and an unshackled conscience ! And these precious boons we shall have, for God, by his providence, is securing them to us. Yes, Mrs. Fisher, the persecutions through which we are now passing is securing to us spiritual freedom, liberty, a right, a determination to call no man master, to know no teacher but the Spirit, to follow no light or guide not sanctioned by the Word of God and our conscience to know no " ism " or creed, but truth- ism, and no pattern but Christ. Henceforth, I am determined to use my own reason and conscience in my investigation of truth, and in the establishment of my own opinions and practice I shall give my own reason and conscience the preference to all others. * * * I know, also, that I am a sincere seeker after the simple truth. I know I am not willful, but conscientious, in my conduct. And, not- withstanding others deny this, I know their testimony is false. The Searcher of hearts knows that I am as honest with myself, as I am with others. And, although like Paul, I may appear foolish to others in so doing, yet my regard for truth, transcends all other con- siderations of minor importance. God's good work of grace in me shall never be denied by me, let others defame it, and stigmatize it as insanity, as they will. They, not I, are responsible for this sacri- legious act. God himself has made me dare to be honest and truth- ful, even in defiance of this heaven daring charge, and God's work will stand in spite of all opposition. " He always wins, who sides with God." Mrs. Fisher, I am not now afraid or ashamed to utter my honest opinions. The worst that my enemies can do to defame my character, they have done, and I fear them no more. I am now 70 MARITAL POWER EXEMPLIFIED. free to be true and honest, for this persecution for opinion and con- science' sake, has so strengthened and confirmed me in the free ex- ercise of these inalienable rights in future, that no opposition can overcome me. For I stand by faith in what is true and right. I feel that I am born into a new element freedom, spiritual freedom. And although the birth throes are agonizing, yet the joyous results compensate for all. How mysterious are God's ways and plans ! My persecutors verily thought they could compel me to yield these rights to human dictation, when they have only fortified them against human dictation. God saw that suffering for my opinions, was necessary to confirm me in them. And the work is done, and well done, as all God's work always is. No fear of any human oligarchy will, henceforth, terrify me, or tempt me to succumb to it. I am not now afraid that I shall be called insane, if I avow my belief that Christ died for all mankind, and that this atonement will be effectual in saving all mankind from endless torment that good will ultimately overcome all evil that God's benevolent purposes concerning his creatures will never be thwarted that no rebellious child of God's great family will ever transcend his ability to disci- pline into entire willing obedience to his will. Can I ever believe that God loves his children less than I do mine ? * * * And has God less power to execute his kind plans than I have ? Yes, I do and will rejoice to utter with a trumpet tongue, the glorious truth, that God is infinitely benevolent as well as infinitely wise and just. Mrs. Fisher, what can have tempted us ever to doubt this glorious truth ? And do we not practically deny it, when we endorse the revolting doctrine of endless punishment ? I cannot but feel that the Bible, literally interpreted, teaches the doctrine of endless punishment ; yet, since the teachings of nature, and God's holy character and govern- ment, seem to contradict this interpretation, I conclude we must have misinterpreted its holy teachings. For example, Jonah uses the word everlasting with a limited meaning, when he says, " thine everlast- ing bars are about me." Although to his view his punishment was everlasting, yet the issue proved that in reality, there was a limit to the time he was to be in the whale's belly. So it may be in the cabaf.h, P. M. MY DEAR CHILDREN AND HUSBAND: Your letter of July eleventh arrived yesterday. It was the third I have received from home, and, indeed, is all I have received from any source since I came to the Asylum. And the one you received from me is all I have sent from here. I thank you for writing so often. I shall be happy to answer all letters from you, if you desire it, as I see you do, by your last. I like anything to relieve the monotony of my. daily routine. * * * Dr. McFarland told me, after I had been here one week, " I do not think you will remain but a few days longer." I suspect he found me an unfit subject, upon a personal acquaintance with me. Still, unfit as I consider myself, to be numbered amongst the insane, I am so numbered at my husband's request. And for his sake, I must, until my death, carry about with me, " This thorn in the flesh this mes- senger of Satan to buffet me," and probably, to keep me humble, and in my proper place. God grant it may be a sanctified affliction to me ! I do try to bear it, uncomplainingly, and submissively. But, ! 'tis hard 'tis very hard. O, may you never know what it is to, be numbered with the insane, within the walls of an insane asylum, not knowing as your friends will ever regard you as a fit companion or associate for them again, outside its walls. O, the bitter, bitter cup, I have been called to drink, even to its very dreg*, just because I choose to obey God rather than man ! But, as my Saviour said, " the cup which my Father hath given me, shall 1 not drink it ? O, yes, for thy sake, kind Saviour, I rejoice, that I am counted worthy to suffer the loss of all things, for thy sake. And thou hast made me worthy, by thine own free and sovereign grace. Yes, dear Jesus, I believe that I have learned the lesson thou hast thus taught me, that "in whatsoever state I am, therewith to be content." Yes, content, to sit at a table with twenty-four maniacs, three times a day, and eat my bread and meat, and drink my milk and water, while I remember, almost each time, how many vegetables and ber- ries are upon my own dear table at home, and I not allowed to taste, because my husband counts me unworthy, or unfit, or unsafe, to be an inmate at his fireside and table. I eat, and retire, and pray God to keep me from complaining. My fare does not agree with my health, FALSE REPORTS CORRECTED. 9o and so I have begged of our kind attendants, to furnish me some poor, shriveled wheat, to keep in my room, to eat raw, to keep my bowels open. This morning, after asking a blessing at the table, I retired to my own room, to eat my raw, hard wheat alone, with my pine-apple to soften it, or rather to moisten it going down. Yes, the berries I toiled so very hard to get tor our health and comfort, I only must be deprived of them at my husband's appointment. The past, O, the sad past ! together with the present, and the unknown future. O, let oblivion cover the past let no record of 'my wrongs be ever made, for posterity to see, for your sake, my own lawful husband. O, my dear precious children ! how I pity you ! My heart aches for you. But I can do nothing for you. I am your lather's victim, and cannot escape from my prison to help you, even you my own flesh and blood my heart's treasures, my jewels, my honor and rejoicing. For I do believe you remain true to the mother who loves you so tenderly, that she would die to save you from the disgrace she has brought upon your fair names, by being stigmatised as the children of an insane mother, whom your father said he regarded as unsafe, as an inmate of your own quiet home, and, therefore, has confined me within these awful enclosures. O, may you never know what it is to go to sleep within the hear- ing of such unearthly sounds, as can be heard here almost at any hour of the night ! I can sleep in the hearing of it, for " ?o he giveth his beloved sleep." O, children dear, do not be discouraged at my sad fate, for well doing. But be assured that, although you may suffer in this world for it, you may be sure your reward will come in the next. "For, if we suffer with him, we shall also reign with him." O, do commit your souls to him in well-doing for my sake, if you dare not for your own sake, for I do entreat you to let me be with you in heaven, if your father prevents it on earth. I may not have much longer to suffer here on earth. Several in our ward are now sick in bed, and I give them more of my fruit than I eat myself, hoping that, when my turn comes to be sick, some one may thus serve me. But if not, I can bear it, perhaps better than they can, to be without any solace or comfort in sickness here, such as a friend needs. I have nothing to live for now, but to serve you, as I know of. But you can get along without me, can't you? Pa will take care of you. Do be kind to him, and make him as happy 96 MARITAL POWER EXEMPLIFIED. as possible. Yes, honor your father, if he has brought such dishonor upon your name and reputation. I will devote my energies to these distressed objects around me, instead of attending to your wants, as a mother should be allowed to do, at least, so long as she could do so, as well as I could, and did, when I was taken from you. I know I could not, for lack of physical strength, do as much for you as I once could, still I was willing, and did do all I could for you. . Indeed, I find I am almost worn out by my sufferings. I am very weak and feeble. Still, I make no com- plaints, for I am so much better off than many others here. Do bring my poor lifeless body home when my spirit, which troubled your father so much, has fled to Jesus' arms for protection, and lay me by my asparagus bed, so you can visit my grave, and weep over my sad fate in this world. I do not wish to be buried in Shelburne, but let me rise where I suffered so much for Christ's sake. O, do not, do not, be weary in well doing, for, did I not hope to meet you in heaven, it seems as though my heart would break ! I am useful here, I hope. Some of our patients say, it is a para- dise here now, compared with what it was before I came. The authorities assure me, that I am doing a great work here, for the institution. When I had the prospect of returning home in a few days, as I told you, I begged with tears not to send me, as my husband would have the same reason for sending me back as he had for bringing me here. For the will of God is still my law and guide, so I cannot do wrong, and until I become insane, I can take no other guide for my conduct. Here I can exercise my rights of conscience, without offending any one. Yes, I am getting friends, from high and low, rich and poor. I am loved, and respected here by all that know me. I am their confident, their counsellor, their bosom friend. O, how I love this new circle of friends ! There are several patients here, who are no more insane than I am ; but are put here, like me, to get rid of them. But here we can work for God, and here die for him. Love to all my children, and yourself also. I thank you for the fruit, and mirror. It came safe. I had bought one before. I am at rest and my mind enjoys that peace the world cannot give or take away. "When I am gone to rest, rejoice for me. Weep not for me. I am, and must be forever happy in God's love. The questions are often asked me, " Why were you sent here ? you FALSE REPORTS CORRECTED. 97 are not insane. Did you injure any one ? Did you give up, and neglect your duties ? Did you tear your clothes, and destroy your things ? What did you do that made your friends treat such a good woman so ?" Let silence be my only reply, for your sake, my hus- band. Now, my husband, do repent, and secure forgiveness from God, and me, before it is too late. Indeed, I pity you ; my soul weeps on your account. But God is merciful, and his mercies are great above the heavens. Therefore, do not despair ; by speedy repentance secure gospel peace to your tempest-tossed soul. So prays your lov- ing wife, ELIZABETH. EXTRACT FROM ANOTHER LETTER. MY DEAR HUSBAND. I thank you kindly for writing me, and thus relieving my burdened heart, by assuring me that my dear children are alive and well. I have foeen sadly burdened at the thought of what they are called to suffer on their mother's account. Yes, the mother's heart has wept for them every moment : yet my heart has rejoiced in God my Savior, for to suffer as well as to do His holy will, is my highest delight, my chief joy. Yes, my dear husband, I can say in all sincerity and hon- esty, " The will of the Lord be done." I can still by his abundant grace utter the true emotions of my full heart, in the words of my favorite verse, which you all know has been my solace in times of doubt, perplexity and trial. It is this : " With cheerful feet thy path of duty run, God nothing does, nor suffers to be done, But what thou wouldst thyself, couldst thou but see, Tlirough all events of things as well as He." O, the consolation the tempest tossed spirit feels in the thought that our Father is at the helm, and that no real harm can befall ua with such a pilot to direct our course. And let me assure you all for your encouragement, that my own experience bears honest, practical testimony that great peace they have who make God their shield, their trust, their refuge ; and I can even add that this Insane Asylum has boen to me the gate to Heaven. * * * By Dr. McFarland's leave, I have established family worship in our hall ; and we never have less than twelve, and sometimes eighteen or more, quite quiet and orderly, while I read and explain a chapter then join in singing a hymn then kneeling down, I offer a prayer, 98 MARITAL POWER EXEMPLIFIED. as long as I usually do at our own family altar. I also implore the blessing of God at the table at every meal, while twenty-nine mani- acs, as we are called, silently join with me. Our conversation, for the most part, is intelligent, and to me most instructive. At first, quite a spirit of discord seemed to pervade our circle. But now it is quiet and even cheerful. I find that we as individuals hold the happiness of others to a great degree in our own keeping, and that " A merry heart doeth good like medicine." * * * If God so permit, I should rejoice to join the dear circle at home, and serve them to the best of my ability. " Nevertheless, not as I will, but as Thou wilt." I thank you, husband, for your kindness, both past and prospective. Do forgive me, wherein I have wronged you, or needlessly injured your feelings, and believe me yours, ELIZABETH. P. S. Tell the dear children to trust God, by doing right. I now do frankly own, I am fully alienated from him, in his pres- ent detestable character, as developed towards me, his lawful wife. And I claim that it is not' consistent with the laws of God's moral government, for a fully sane being to feel otherwise. But it is not so with my kindred, and other friends. I am not alienated from them, for I have had no just and adequate cause for alienation. They erred ignorantly, not willfully. They were willing to know the truth ; they were convicted, and are now converted to the truth. They have confessed their sin against me in thus neglecting me, and have asked my forgiveness. I have most freely forgiven them, and such penitents are fully restored to my full fellowship and confidence. To pro^e they are penitent, one confession will serve as a fair representation of the whole. I give it in the writer's own words, verbatim, from the letter now before me. "We are all glad you have been to visit us, and we regret we have not tried to do more for you, in times past. I am grieved that you have been left to suffer so much alone had we known, I think something would have been done for you. Forgive us, won't you, for our cruel neglect?" Yes, I do rejoice to forgive them, for Christ allows me to forgive the penitent transgressor. But he does not allow me to do better than he does to forgive the impenitent transgressor. And I do not ; but as I have before said. I stand ready with my forgiveness in my hear* to ektend it to him, most freely, on this gospel condition of repeat ance practical repentance. FALSE REPORTS CORRECTED. 99 FIFTH REPORT. " Dr. McFarland, the Superintendent of the Asylum, says she is insane ; and he ought to know" Yes, he ought to know. But, in my opinion, Dr. McFarland, does not know a sane from an insane person ; or else, why does he keep so many in that Asylum, as sane as himself? And mine is not the first case a court and jury differed from him in opinion on this subject. He has been so long conversant with the insane, that he has become a perfect monomaniac on insanity and in his treatment of the insane. I never saw such inhumanity, and cruelty, and barbarity, practiced towards the innocent and helpless as he sanctions and allows in that Asylum. I could write a large volume in confirmation of this asser- tion, made up of scenes I myself witnessed, during my three years' incarceration in that terrible place. The material i? all on hand for such a book, since I kept a secret journal of daily events, just as they occurred, so that my memory is not my only laboratory of such truths. And in arranging this matter for a book, I intend to turn Jacksonville Asylum inside out. That is, I shall report that Asylum from the standpoint of a patient, and if this book don't prove my assertion that Dr. McFarland is a monomaniac, I am sure it will prove him to be something worse. But I claim to defend his heart from the charge of villainy, and his intellect from imbecility, for I have often said of him, " Dr. McFarland is the greatest man I ever saw, and he would be the best if he wasn't so bad ! " But this is not the place to make a defence for Dr. McFarland. Let him stand where his own actions put him, for that is the only proper place for either superintendent or patient to stand upon. But I will own, God made him fit for one of his great resplendent lumi- naries ; but Satan has marred this noble orb, so that now it has some very dark spots on its disk, such as his patients can behold with- out the aid of a telescope ! Yes, as a general thing, his patients are not allowed to behold anything else but these dark spots, while the public are allowed to see nothing except the splendors of this luminary. And when my telescopic book is in print, the public may look, or not look, at the scenes behind the curtain, just as they please. The exact scenes are now fully daguerreotyped on my brain and heart both, as well as on my manuscript journal. In this volume I am only allowed to report what relates to myself alone. Therefore I haVe but little to say ; for as it respects his treatment of me, individually, I 103 MAK1TAL POWER EXEMPLIFIED. regard him as a practical penitent, and on this basis, I have really forgiven him. And God only knows what a multitude of sins this man's repentance has covered! And my Christianity forbids my ex- posing the sins of a practical penitent, after having practicalb' for- given him. As proof of his penitence, I bring this fact, that it was under his superintendence, and by his consent alone, that I was permitted to spend the last nine mouths of my prison life in writing " The Great Drama." This book was commenced as an act of self-Jefence from the charge of insanity, and this man was the first person in America that ever before allowed me any right of self-defence. And this act of practical manliness on his part, awakened, as its response, my full and hearty forgiveness of all the wrongs he had hitherto heaped upon me ; and these wrongs had not been " like angels visits, few and far between." But I had, in reality, much to forgive. At least, so thought my personal friends at the Asylum, if their words echoed their real feelings. Their feelings on this subject were not unfre- quently uttered in very strong language like the following : " If Mrs. Packard can forgive Dr. McFarland all the wrongs and abuses he has heaped upon her she must be more than human." And I now have before me a letter from one who had been for several years an officer in that institution, from which I will make an extract, as it corroborates this point. She says, " How the mind wanders back to those dark hours. O, that hated letter ! once presented you by a , who delighted to torture those he could not subdue. Our hearts did pity you, Mrs. Packard. Mrs. Tenny,(now the wife of the then assistant physician, but my attendant at the time referred to,) and myself often said, everything was done that could be, to annihi- late and dethrone your reason. Poor child! They had all fled none to watch one hour ! All I have to" say is, if there can be found man or woman who could endure what you did in that three years, and not become a raving maniac, they should be canonized." Yes, God, God alone, saved me from the awful vortex Mr. Pack- ard and Dr. McFarland had prepared for me the vortex of ob- livion God has delivered me from them who were stronger than I, and to his cause, the cause of oppressed humanity, for which I there suffered so much in its defence, I do now consecrate my spared in- tellect, and reason, and moral power. Tin's " Great Drama," written there, is my great battery, which, hi God's providence, I hope sometime to get rich enough to publish; FALSE REPORTS CORRECTED. 101 and it is to the magnanimity of Dr. McFarland alone, under God, that m;> thanks are due, for letting me write this book. He dictated none o it. He allowed me perfect spiritual liberty, in penning this voluminous literary production of seven hundred pages ; and if ever there was a book written wholly untrammelled by human dictation, this is the book. But. as I said, his magnanimity, even at the elev- enth hour, has, so far as I am concerned, secured my forgiveness. But he has been, and I fear still is, a great sinner against others, also ; for, as I have often said, it is my candid opinion, that there were fifty in that house, as patients, who have no more right to be there than the Doctor himself. Judging them from their own actions and words, there is no more evidence of insanity in them, than in Dr. McFarland's words and actions. He certainly has no scruples about keeping perfectly sane persons as patients. At first, this was to me an enigma I could not possible solve. But now I can, on the suppo- sition that he don't know a sane from an insane person, because he has become a monomaniac on this subject, just as Mr. Packard has on the woman question. The Doctor's insane dogmas are, first : all people are insane on some points ; second : insane persons have no rights that others are bound to respect He has never refused any one's application on the ground of their not being insane, to my knowledge, but he has admitted many whom he admitted were not near as insane as the friends who brought them were. He can see insanity in any one where it will be for his in- terest to see it. And let him put any one through the insane treat- ment he subjects his patients to, and they are almost certain to mani- fest some resentment, before the process is complete. And this nat- ural resentment which his process evokes, is what he calls their in- sanity, or rather evidence of it. I saw the operation of his nefarious system before I had been there long, and I determined to stand proof against it, by restraining all manifestations of my resentful feelings, which his insults to me were designed to develop. And this is his grand failure in my case. He has no capital to make out his charge upon, so far as my own actions are concerned. No one ever saw me exhibit the least angry, resentful feelings. I say that to God's grace alone is this result due. I maintain, his treatment of his patients is barbarous and criminal in many cases ; therefore he shows insanity in his conduct towards them. Again, he does not always tell the truth about his patients, nor to his patients. And this is another evidence of his insanity. I do say, 11)2 MARITAL POWER EXEMPLIFIED. Iving is insanity ; and if I can ever be proved to be a liar, by my own words or actions, I do insist upon it I merit the charge put upon me of monomania, or insanity. But, speaking the truth, and nothing but the truth, is not lying, even if people do not believe my asser- tions. For the truth will stand without testimony, and in spite of all contradiction. And when one has once been proved to have lied, they have no claims on us to be believed, when they do speak the truth. Were I called to prove my assertion that the Doctor misrep- resents, I could do so, by his own letters to my husband, and my father, now in my possession, and by letters Mr. Field had from him while I was in the Asylum. For example, why did he write to Mr. Field that I " was a dangerous patient, not safe to live in any private family," and then refuse to answer direct questions calling for evi- dence in proof on this point, and give as his reason, that he did not deem it his duty to answer impertinent questions about his patients ? Simply because the assertion was a lie, and had nothing.to support or defend it, in facts, as they existed. These letters abound in misrep- resentations and falsehoods respecting me, and it is no wonder my friends regarded me as insane, on these representations from the Su- perintendent of a State Asylum. I have every reason to think Dr. McFarland believes, in his heart, that I am entirely sane ; but policy and self-interest has prompted him to deny it in words, hoping thus to destroy the influence of the sad truths I utter respecting the character of that institution. A very intelligent employee in that institution, and one who had, by her posi- tion, peculiar advantages for knowing the real state of feeling towards me in that institution, once said to me, " Mrs. Packard, I can assure you, that there is not a single individual in this house who believes you are an insane person ; and as for Dr. McFarland he knows you are not, whatever he may choose to say upon the subject." One thing is certain, his actions contradict his words, in this mat- ter. Would an insane person be employed by him to carry his pa- tients to ride, and drive the team with a whole load of crazy women, with no one to help take care of them and the team but herself? And yet Dr. McFarland employed me to do this very thing fourteen times ; and I always came back safely with them, and never abused my liberty, by dropping a letter into the post-office, or any thing of the kind, and never abused the confidence reposed in me in any manner. Would he give a crazy woman money to go to the city, and make purchases for herself? And yet he did so by me. Would a crazy , FALSE REPORTS CORRECTED. 103 woman be employed to make purchases for the house, and use as a reason for employing her, that her judgment was superior to any in the house ? And yet this is true of me. Would a crazy woman be employed to cut, fit and make his wife's and daughter's best dresses, instead of a dressmaker, because she could do them better, in their opinion, than any dressmaker they could employ ? And yet I was thus employed for several weeks, and for this reason. And would his wife have had her tailoress consult my judgment, before cutting her boy's clothes, and give as her reason, that she preferred my judgment and planning before her own, if I was an insane person ? And yet she did. Would the officials send their employees to me for help, in execut- ing orders which exceeded the capacity of their own judgment to per- form, if they considered my reason and judgment as impaired by insanity ? And yet this was often the case. Would the remark be often made by the employees in that institution, that " Mrs. Packard was better fitted to be the matron of the institution than any one under that roof," if I had been treated and regarded as an insane person by the officials ? And yet this remark was common there. No. Dr. McFarland did not treat me as an insane person, until I had been*there four months, when he suddenly changed his pro- gramme entirely, by treating me like an insane person, and ordering the employees to do so to, which order he could never enforce, ex- cept in one single instance, and this attendant soon after became a lunatic and a tenant of the poor house. My attendants said they should not treat me as they did the other patients, if the Doctor did order it. The reason for this change in the Doctor's treatment, was not because of any change in my conduct or deportment in any respect, but because I offended him, by a reproof I gave him for his abuse of his patients, accompanied by the threat to expose him unless he repented. I gave this reproof in writing, and retained a copy my- self, by hiding it behind my mirror, between it and the board-back. Several thousand copies of which are now in circulation. After this event, I was closeted among the maniacs, and did not step my foot upon the ground again, until I was discharged, two years and eight months afterwards. When he transferred me from the best ward to the worst ward, he ordered my attendants to treat me just as they did their other patients, except to not let me go out of the ward; although all the others could go to ride and walk, except myself. 104 MARITAL POWER EXEMPLIFIED. Had I not known how to practice the laws of health, this clo*e con- finement would doubtless have been fatal to my good health and strong nerves. But as it was, both are still retained in full vigor. My correspondence was henceforth put under the strictest censor- ship, and but few of my letters ever went farther than the Doctor's office, and most of the letters sent to me never came nearer me than his office. When I became satisfied of this, I stopped writing at all to any one, until I got an " Under Ground Express " established, through which my mail passed out, but not in. One incident I will here mention to show how strictly and vigi- lantly my correspondence with the world was watched. There was a patient in my ward to be discharged ere long, to go to her home near Manteno, and she offered to take anything to my children, if I chose to send anything by her. Confident I could not get a letter out through her, without being detected, I made my daughter some under waists, and embroidered them, for a present to her from her mother. On the inside of these bleached cotton double waists, I pen- cilled a note to her, for her and my own solace and comfort. I then gave these into the hands of this patient, and she took them and put them into her bosom saying, " The Doctor shall never see these." But just as she was leaving the house, the Doctor asked her, if she had any letter from Mrs. Packard to her children with her? She said she had not. He then asked her, " Have you had anything from Mrs. Packard with you ? " She said, " I have two embroidered waists, which Mrs. Packard wished me to carry to her daughter, as a present 'from her mother ; but nothing else." " Let me see those waists," said he. She took them from her bosom and handed them to him. He saw the penciling. He read it, and ordered the waists to the laundry to be washed before sending them, so that no heart communications from the mother to the child, could go with them. I believe he sent them afterwards by Dr. Eddy. In regard to Dr. McFarland's individual guilt in relation to his treatment of me, justice to myself requires me to add, that I cherish no feelings of resentment towards him, and the worst wish my heart dictates towards him is, that he may repent, and become the " Model Man " his nobly developed capacities have fitted him to become ; for FALSE REPORTS CORRECTED 103 he is, as I have said, the greatest man I ever saw, and he would be the best if he wasn't so bad ! And the despotic treatment his patients receive undr his govern- ment, is only the natural result of one of the fundamental laws of hu- man nature, in its present undeveloped state ; which is, that the his- tory of our race for six thousand years demonstrates the fact, that absolute, unlimited power always tends towards despotism or an usurpation and abuse of other's rights. Dr. McFarland has, in a practical sense, a sovereignty delegated to him, by the insane laws, almost as absolute as the marital power, which the law delegates to the husband. All of the inalienable rights of his patients are as completely subject to his single will, in the practical operation of these laws, as are the rights of a married woman to the will of her husband. And these despotic superintendents and husbands in the exercise of this power, are no more guilty, in my opinion, than that power is which licenses this deleterious element. No Republican government ought to permit an absolute monarchy to be established under its jurisdiction. And wtiere it is found to exist, it ought to be destroyed, forthwith. And where this licensed power is known to have culminated into a despotism, which is crushing humanity, really and practically, that government is guilty in this matter, so long as it tolerates this usurpation. Therefore, while the superintendents are guilty in abusing their power, I say that government which sustains oppression by its laws, is the first transgressor. Undoubtedly our insane asylums were orig- inally designed and established, as humane institutions, and for a very humane and benevolent purpose ; but, on their present basis, they really cover and shield many wrongs, which ought to be ex- posed and redressed. It is the evils which cluster about these insti- tutions, and these alone, which I am intent on bringing into public view, for the purpose of having them destroyed. All the good which inheres in these institutions and officers is just as precious as if not raided with the alloy; therefore, in destroying the alloy, great care should be used not to tarnish or destroy the fine gold with it. As my case demonstrates, they are now sometimes used for inquisi- tional purposes, which certainly is a great perversion of their original intent. 106 MARITAL POWER EXEMPLIFIED. SIXTH REPORT. " Mrs. Packard's statements are- incredible. And she uses such strong language in giving them expression, as demonstrates her still to be an in=ane woman." I acknowledge the fact, that truth is stranger than fiction ; and I also assert, that it is my candid opinion, that strong language is the only appropriate drapery some truths can be clothed in. For exam- ple, the only appropriate drapery to clothe a lie in, is the strong lan- guage of lie or liar, not misrepresentation, a mistake, a slip of the tongue, a deception, an unintentional error, and so forth. And for unreasonable, and inhuman, and criminal acts, the appropriate dra- pery is, insane acts ; and an usurpation of human rights and an abuse of power over the defenceless, is appropriately clothed by the term, Despotism. And one who defends his creed or party by im- proper and abusive means, is a Bigot. One who is impatient and unwilling to endure, and will not hear the utterance of opinions in conflict with his own, without persecution of his opponent, is Intol- erant towards him ; and this is an appropriate word to use in describ- ing such manifestations. And here I will add, I do not write books merely to tickle the fancy, and lull the guilty conscience into a treacherous sleep, whose waking is death. Nor do I write to secure notoriety or popularity. But I do write to defend the cause of human rights ; and these rights can never be vindicated, without these usurpations be exposed to public view, so that an appeal can be made to the public conscience ? on the firm basis of unchangeable truth the truth of facts as they do actually exist. I know there is a class, but I fondly hope they are the minority, who will resist this solid basis even who would not believe the truth should Christ himself be its medium of utterance and defence. But shall I on this account withold the truth, lest such cavilers reject it, and trample it Under foot, and then turn and rend me with the stigma of insanity, because I told them the simple truth ? By no means. For truth is not insanity ; and though it may for a time be crushed to the earth, it shall rise again with renovated strength and power. Neither is strong and appropriate language insanity. But on the contrary, I maintain that strong language is the only suitable and appropriate drapery for a reformer to clothe his thoughts in, notwithstanding the very unsuitable and inappropri- NOTE OF THANKS. 107 ate stigma of Insanity which has always been the reformer's lot to bear for so doing in all past ages, as well as the present age. Even Christ himself bore this badge of a Reformer, simply be- cause he uttered truths which conflicted with the established religion O of the church of his day. And shall I repine because I am called insane for the same reason ? It was the spirit of bigotry which led the intolerant Jews to stigmatize Christ as a madman, because he expressed opinions differing from their own. And it is this same spirit of bigotry which has been thus intolerant towards me. And it is my opinion that bigotry is the most implacable, unreasonable, un- merciful feeling that can possess the human soul. And it is my fer- vent prayer that the eyes of this government may be opened to see, that the laws do not now protect or shield any married woman from this same extreme manifestation of it, such as it has been my sad lot to endure, as the result of this legalized persecution. NOTE OF THANKS TO MY PATRONS. I deem it appropriate in this connection, to express the gratitude I feel for the kind, practical sympathy, and liberal patronage, which has been extended to me by the public, through the sale of my books. Had it not been for your generous patronage, my kind pat- rons, I, and the noble cause I represent, would have been crushed to the earth, so far as my influence was concerned. For with" no law to shield me, and with no " greenbacks " to defend myself with, what could I have done to escape another imprisonment, either in some asylum or poor house ? It has been, and still is, the verdict of public sentiment, which the circulation of these "books has developed, that has hitherto shielded me from a second kidnapping. And this protection you have kindly secured to me by buying my books. I would willingly have given my books a gratuitous circulation to obtain this protection, if I could possibly have done so. But where could the $3000.00 I have paid out for the expense of printing and circulating these books have been obtained ? No one could advance me money safely, so long as I was Mr. Packard's lawful wife, and I could not even get a divorce, with- out the means for prosecuting the suit. Indeed, it was your patron- age alone, which could effectually help me on to a self-reliant plat- form the platform of " greenback independence." 108 MAK1TAL POTVER EXEMPLIFIED. I have never made any appeal to the charities of the public, neither can I do so, from principle. For so long as I retain as good health as it is my blessed privilege still to enjoy, I feel conscientiously bound to work for my living, instead of living on the toil of olhers.. My strong and vigorous health is the only capital that I can call my own. All my other natural, inalienable rights, are entirely in the hands of my persecutor, and subject to his control. But while this capital holds good, I am not a suitable object of charity. I am prosecuting business on business principles, and I am subject to the same laws of success or failure as other business persons are. I intend, and hope to make my business lucrative and profitable, as well as phi- lanthropic and benevolent. I maintain that I have no claims upon the charities of the public while at the same time I maintain that I have a claim upon the sym- pathies of our government. It is our government, the man govern- ment of America, who have placed me in my deplorable condition ; for I am just where their own laws place me, and render all other married women liable to be placed in the same position. It is the " Common Law " which our government took from English laws which makes a nonentity of a married woman, whose existence is wholly subject to another, and whose identity is only recognized through another. In short, the wife is dead, while her husband lives, as to any legal existence. And where the Common Law is not modified, or set aside by the Statute Laws, this worst form of English despotism is copied as a model law for our American people ! Yes, I feel that I have a just claim upon the sympathies of our government. Therefore, in selling my books, I have almost entirely confined my application to the men, not the women, for the men alone constitute the American government. And my patrons have responded to my claims upon their sympathy, in a most generous, and praiseworthy manner. Yea, so almost universally have I met with the sympathy of those gentlemen that I have freely conversed with on this subjec-t, that I cherish the firm conviction, that our whole enlightened government would " en masse," espouse the principles I defend, and grant all, and even more than I ask for married woman, could they but see the subject in the light those now do, whom I have conversed with on this subject. I am fully satisfied that all that our manly government needs to induce them to change this " Common Law" in relation to woman is, only to know what this law is, and NOTE OF THANKS. 109 how cruelly it subjects the women in its practical application. For man is made, and constituted by God himself, to be the protector of woman. And when he is true to this his God given nature, he is her protector. And all true men who have not perverted or de- praved their God-like natures, will, arid do, as instinctively protect their own wives, as they do themselves. And the wives of such men do not need any other law, than this law of manliness, to protect them or their interests. But taking the human race as they now are, we find sorr.e excep- tions to this general rule. And it is for these exceptions that the law is needed, and not for the great masses. Just as the laws against crimes are made for the criminals, not for the masses of society, for they do not need them ; they are a law unto themselves, having their own consciences for their Judges and Jurors. I see no ca.ulid, just reason why usurpation, and injustice, and oppression, should not be legislated against, in this form, as well as any other. Developed, re- fined, sensitive woman, is as capable of feeling wrongs as any other human being. And why should she not be legally protected from them as well as a man ? My confidence in this God-like principle of manliness is almost unbounded. Therefore I feel that a hint is all that is needed, to arouse this latent principle of our government into prompt and efficient action, that of extending legal protection to subjected married woman. There is one word I will here say to my patrons, who have the first in.-tallment of my " Great Drama " in their possession, that you have doubtless found many things in that book which you cannot now understand, and are therefore liable to misinterpret and misappre- hend my real meaning. I therefore beg of you not to judge' me harshly at present, but please suspend your judgment until this alle- gory is published entire, and then you will be better prepared to pass judgm. >nt upon it. Supposing Bunyan's allegory of his Christian pil- grim had isolated parts of it published, separate from the whole, and we know no:hing about the rest, should we not be liable to misinter- pret his real moaning ? Another thing, I ask you to bear in mind, this book was wr'tten when my mind was at its culminating point of spiritual or ia< -nlal tor- ture, as it were, and this may serve in your mind as an excusr, for what nvay seem to you, as extravagant expressions; while tome, they were only the simple truth as I experienced it. No one can judge of these feelings correctly, until they have been in my exact place 110 MARITAL POWER EXEMPLIFIED. and position ; and since this is an impossibility, you have a noble op- portunity for the exercise of that charity towards me which you would like to have extended to yourselves in exchange of situations. A person under extreme physical torture, gives utterance to strong expressions, indicating extreme anguish. Have we, on this account, any reason or right to call him insane ? So a person in extreme spir- itual or mental agony, has a right to express his feelings in language corresponding to his condition, and we have no right to call him in- sane for doing so. - <. " Upon a calm and candid review of these scenes, from my present standpoint, I do maintain that the indignant feelings which I still cherish towards Mr. Packard, and did cherish towards Dr. McFar- land, tor their treatment of me, were not only natural, sane feelings, but also were Christian feelings. For Christ taught us, both by his teachings and example, that we ought to be angry at sin, and even hate it, with as marked a feeling as we loved good. " I, the Lord, hate evil." And so should we. But at the same time we should not sin, by carrying this feeling so far, as to desire to revenge the wrong- doer, or punish him ourselves, for then we go too far to exercise the feeling of forgiveness towards him, even if he should repent. We are not then following Christ's directions, "Be ye angry and sin not." Now I am not conscious of ever cherishing one revengeful feeling towards my persecutors ; while, at the same time, I have prayed to God, most fervently, that he would inflict a just punish- ment upon them for their sins against me, if they could not be brought to repent without. For my heart has ever yearned to forr give them, from the first to the last, on this gospel condition. I think our government has been called to exercise the same kind of indignation towards those conspirators who have done all they can do to overthrow it ; and yet, they stand ready to forgive them, and restore them to their confidence, on the condition of practical repent- ance. And I say further, that it would have been wrong and sinful for our government to have witheld this expression of their resent- ment towards them, and let them crush it out of existence, without trying to defend itself. I say it did right in defending itself with a resistance corresponding to the attack. So I, in trying to defend myself against this conspiracy against my personal liberty, have only acted on the self-defensive principle. Neither have I ever aggressed on the rights of others in my self-defence. I have simply defended my own rights. NOTE OF THANKS. Ill In my opinion, it would be no more unreasonable to accuse the inmates of " Libby Prison " with insanity, because they expressed their resentment of the wrongs they were enduring in strong lan- guage, than it is to accuse me of insanity for doing the fame thing while in my prison. For prison life is terrible under any circum- stances. But to be confined amongst raving maniacs, for years in succession, is horrible in the extreme. For myself, I should not hes- itate one moment which to choose, between a confinement in an insane asylum, as I was, or being burned at the stake. Death, under fl the most aggravated forms of torture, would now be instantly chosen by me, rather than life in an insane asylum. And whoever is dis- posed to call this " strong language," I say, let them try it for them- selves as I did, and then let them say whether the expression is any stronger than the case justifies. For until they have tried it, they can never imagine the horrors of the maniac's ward in Jacksonville Insane Asylum. In this connection it may be gratifying to my patrons and readers both, to tell them how I came to write such a book, instead of an or- dinary book in the common style of language. It was because such a kind of book was presented to my mind, and no other was. It was under these circumstances that this kind of inspiration came upon me. The day after my interview with the Trustees, the Doctor came to my room to see what was to be done. His first salutation was " Well, Mrs. Packard, the Trustees seemed to think that you hit your mark with your gun." " Did they ? " said I. " And was it that, which caused such roars and roars of laughter from the Trustees' room after I left ? " " Yes. Your document amused them highly. Now, Mrs. Pack- ard, I want you to give me a copy of that document, for what is worth hearing once is worth hearing twice." " Very well," said I, " I will. And I should like to give the Trustees a copy, and send my father one, and some others of the Calvinistic clergy. But it is so tedious for me to copy anything, how would it do to get a few handbills or tracts printed, and send them where we please ? " u You may," was his reply, " and I will pay the printer." " Shall I add anything to it ; that is, what I said to the Trustees, and so forth ? " " Yes, tell the whole ! "Write what you please ! " 112 MARITAL POWER EXEMPLIFIED. With this most unexpected license of unrestricted liberty, I com- menced re-writing and preparing a tract for the press. But before twenty-four hours had elapsed since this liberty licence was granted to my hitherto prison-bound intellect, the vision of a big book began to dawn upon my mind, accompanied with the most delightful feel- ings of satisfaction with my undertaking. And the next time the Doctor called, I told him, that it seemed to me that I must write a book a big book and "that is the worst of it," said I, "I don't want a large book, but I don't see how I can cut it down, and do it justice. I want to lay two train of cars," said I, " across this conti- nent the Christian and the Calvinistic. Then I want to sort out all the good and evil found in our family institutions, our Church and S;ate institutions, and our laws, and all other departments of trades and professions, &c., and then come on with my two train of carp, and gather up this scattered freight, putting the evil into the Calvin- istic train, and the good into the Christian train, and then engineer them both on to their respective terminus. These thoughts are all new and original with me, having never thought of srch a tl ing, until this sort of mental vision came before my mind. What shall I do, Doctor?" " Write it out just as you see it." He then furnished me with paper and gave directions to the attend- ants to let no one disturb me, and let me do just as I pleased. And I commenced writing out this mental vision; and in six week's time I penciled the substance of " The Great Drama," which, when writ- ten 'out for the press, covers two thousand five hundred pages ! Can I not truly say my train of thought was engineered by the u r Light- ning Express ? " This was the kind of inspiration under which my book was thought out and written. I had no books to aid me, but Webster's large Dictionary and the Bible. It came wholly through my own reason and intellect, quickened into unusual activity by some spiritual influence, as it seemed to me. The production is a remarkable one, as well as the inditing of it a very singular phe- nomenon. The e -timation in which the book is held by that class in that Asylum who are "spirit medium-," and who e only knowledge of its contents they wholly derive from their clairvoyant powers of reading it, without the aid of their natural vision, it may amuse a class of my readers to know. It was a fact the attendants told me of, that my book and its contents, was made a very common topic of remark in NOTE OF THANKS. 113 almost every ward in the house ; while all this time, I was closeted alone in my room writing it, and they never saw me or* my book. I would often be greatly amused by the remarks they made about it, as they were reported to me by witnesses who heard them. Such as these: " I have read Mrs. Packard's book through, and it is the most amusing thing I ever read." " Calvinism is dead dead as a her- ring." "Mrs. Packard drives her own team, and she drives it beautifully, too." "The Packard books are all over the world, Norway is full of them. They perfectly devour the Packard books in Norway." " Mrs. Packard finds a great deal of fault with the Laws and the Government, and she has reason to." " She defends a higher and better law than our government has, and she'll be in Congress one of these days, helping to make new laws ! " If this prophetess had said that woman's influence would be felt in Congress, giving character to the laws, I might have said I believed she had uttered a true prophecy. One very intelligent patient, who was a companion of mine, and had read portions of my book, came to my room one morning with some verses which she had penciled the night previous, by moonlight, on the fly-leaf of her Bible, which she requested me to read, and judge if they were not appropriate to the character of my book. She said she had been so impressed with the thought that she must get up and write something, that she could not compose herself to sleep until she had done so ; when she wrote these verses, but could not tell a word she had written the next morning, except the first line. I here give her opinions or the book in her own poetic lan- guage, as she presented them to me. * LINES SUGGESTED BY THE PERUSAL OF THE GREAT DRAMA. Affectionately presented to the " World's Friend "Mrs. E. P. W. Packard by her friend, Mrs. Sophia N. B. Olsen. Go, little book, go seek the world ; With banner new, with flag unfurled; Go, teach mankind aspirings high, By human immortality ! 9 Thou canst not blush ; thine open page Will all our higher powers engage; * Thy name on every soul shall be, Defender of humanity ! 114 MARITAL POWER EXEMPLIFIE The poor, the sad, the sorrowing heart, Shall joy to see thy book impart Solace, to every tear-dimmed eye, That's wept, till all its tears are dry. The palid sufferer on the bed Of sickness, shall erect the head And cry, " Life yet hath charms for me When Packard's books shall scattered be. w Each prison victim of despair Shall, in thy book, see written there Another gospel to thy race, Of sweet " Requiescat in pace." The time-worn wigs, w'ih error gray, Their dusty locks with pale dismay, Shall shake in vain in wild despair, To see their prostrate castles, where ? No mourner's tear shall weep their doom, No bard shall linger o'er their tomb, No poet sing, but howl a strain Farewell, thou doom'd, live not again. Yes, oh, poor Ichabod must lay, Deep buried in Aceldema ! His lost Consuelo shall rise No more, to cheer his death-sealed eyes. Then speed thy book, oh, sister, speed, The waiting world thy works must readj Bless'd be the man who cries, " Go on," " Hinder it not, it shall be gone." Go, little book, thy destiny Excelsior shall ever be ; A fadeless wreath shall crown thy brow, writer of that book ! e'en now. The wise shall laugh the foolish cry- Both wise and foolish virgins, why ? Because the first will wiser grow, The foolish ones some wisdom snow. NOTE OF THANKS. 115 The midnight cry is coming soon, The midnight lamp will shine at noon ; I fear for some, who snoring lie, Then rise, ye dead, to judgment fly. The stars shall fade away the sun Himself grow dim with age when done Shining upin our frigid earth; But Paci ar 1's book shall yet have birth, But never death, on this our earth. JACKSONVILLE LUNATIC ASYLUM, Jan. 27, 1863. So much for the opinions of those whom this age call crazy, but who are, in my opinion, no more insane than all that numerous class of our day, who are called " spirit mediums ; " and to imprison them as insane, simply because they possess these spiritual gifts or powers, is a barbarity, which coming generations will look upon with the same class of emotions, as we now look upon the barbarities attend- ing Salem Witchcraft. It is not only barbarous and cruel to de- prive them of their personal liberty, but it is also a crime against humanity, for which our government must be held responsible at God's bar of justice. I will now give some of the opinions of a few who know some- thing of the character of my book, whom the world recognize as sane. Dr. McFarland used to sometimes say, " Who knows but you were sent here to write an allegory for the present age, as Bunyan was sent to Bedford Jail to write his allegory ? " Dr. Tenny, the assistant physician, once said to me as he was pocketing a piece of my waste manuscript, " I think your book may yet become so popular, and acquire so great notoriety, that it will be considered an honor to have a bit of the paper on which it was written ! " I replied, " Dr. Tenny, you must not flatter me." Said he, "I am not flattering, I am only uttering my honest opinions." Said another honorable gentleman who thought he understood the character of the book, " Mrs. Packard, I believe your book will yet be read in our Legislative Halls and in Congress, as a specimen of the highest form of law ever sent to our world, and coming mill- ions will read your history, and bless you as one who was afflicted for. humanity's sake." It must be acknowledged that this intelligent gentleman had some solid basis on which he could defend this ex- 116 MA.RITAL POWER EXEMPLIFIED. travagant opinion, namely : that God does sometimes employ " the weak things of the world to confound the mighty." These expressions must all be received as mere human opinions, and nothing more. The book must stand just where its own in- trinsic merits place it. If it is ever published, it, like all other mere human productions, will find its own proper level, and no opinions can change its real intrinsic character. The great question with me is, how can I soonest earn the $2,500.00 necessary to print it with? Should I ever be so fortunate as to gain that amount by the sale of this pamphlet, I should feel that my great life-work was done, so that I might feel at full liberty to rest from my labors. But until then, I cheerfully labor and toil to accomplish it. NOTE OF THANKS TO THE PRESS. In thi connection, I deem it right and proper that I should ac- knowledge the aid I have received from the public Press those newspapers whose manliness has prompted them to espouse the cause of woman, by using their columns to help me on in my ardu- our enterprise. My object can only be achieved, by enlightening the public mind into the need and necessities of the case. The peo- ple do not make laws until they see the need of them. Now, when one case is presented showing the need of a law to meet it, and this is found to be a representative case, that is, a case fairly representing an important class, then, and only till then, is the public mind pre- pared to act efficiently in reference to it. And as the Press is the People's great engine of power in getting up an agitation on any sub- ject of public interest, it is always a great and desirable object to secure its patronage in helping it forward. This help it has been my good fortune to secure, both in Illinois and Massachusetts. And my most grateful acknowledgments are especially due the Journal of Commerce of Chicago, also the Chicago Tribune, the Chicago Times, the Post, the New Covenant, and the North Western Christian Advocate. All these Chicago Journals aided me more or less in getting up an agitation in Illinois, besides a multitude of other papers throughout that State too numerous to mention. Some of the papers in Massachusetts, to whom my acknowledg- ments are due, are the Boston Journal, the Transcript, the Traveller, the Daily Advertiser, the Courier, the Post the Recorder, the Com- TESTIMONIALS. 117 monwealth, the Investigator, the Nation, the Universalist, the Chris- tian Register, the Congregationalist, the Banner of Light, and the Liberator. All these Boston Journals have aided me, more or less, in getting up an excitement in Massachusetts, and bringing the sub- ject before the Massachusetts Legislature. Many other papers throughout the State have noticed my cause with grateful interest. As the pubKc come to apprehend the merits of my case, and look upon it as a mirror, wherein the laws in relation to married women are reflected, they will doubtless join' with me in thanks to these Journals who have been used as means of bringing this light before them. TESTIMONIALS. Although mycause/being based in eternal truth, does not depend upon certificates and testimonials to sustain it, and stands therefore in no need of them ; yet, as they are sometimes called for, as a confirm- ation of my statements, I have asked for just such testimonials as the following gentlemen felt self-moved to give me. I needed no testi- monials while prosecuting my business in Illinois, for the facts of the case were so well known there, by the papers reporting my trial so generally. I needed no other passport to the confidence of the public. But when I came to Boston to commence my business in Massa- chusetts, being an entire stranger there, I found the need of some credentials or testimonials in confirmation of my strange and novel statements. And it was right and proper, under such circumstances, that I should have them. I therefore wrote to Judge Boardman and Hon. S. S. Jones, my personal friends, in Illinois, and told them the difficulty I found in getting my story believed, and asked them to send me anything in the form of a certificate, that they in their judg- ment felt disposed to send me, that might help me in surmounting this obstacle. Very promptly did these gentlemen respond to my request, and sent me the following testimonials, which were soon printed in several of the Boston papers, with such editorials accom- panying them, as gave them additional weight and influence in secu- ring to me the confidence of the public. Judge Boardman is an old and distinguished Judge in Illinois, re- ceiving, as he justly merits, the highest esteem and confidence of his 118 MARITAL POWER EXEMPLIFIED. cotemporaries, as a distinguished scholar, an eminent Judge, and a practical Christian. Mr. Jones is a middle aged man, of the same stamp as the Judge, receiving proof of the esteem in which he is held by his cotempora- ries, in being sent to Congress by vote of Illinois' citizens, and by having been for successive years a member of the Legislature of that State. He was in that position when he sent me his certificate. JUDGE BOARDMAN'S LETTER. To all persons who would desire to give sympathy and encouragement to a most worthy but persecuted woman/ The undersigned, formerly from the State of Vermont, now an old resident of the State of Illinois, would most respectfully and frater- nally certify and represent: That he has been, formerly and for many years, associated with the legal profession in Illinois, and is well known in the north-eastern part of said State. That in the duties of his pro- fession and in the offices he has filled, he has frequently investigated, judicially, and otherwise, cases of insanity. That he has given con- siderable attention to medical jurisprudence, and studied some of the best authors on the subject of insanity ; has paid great attention to the principles and philosophy of mind, and therefore would say, with all due modesty, that he verily believes himself qualified to give an opinion entitled to respectful consideration, on the question of the sanity or insanity of any person with whom he may be acquainted. That he is acquainted with Mrs. E. P. W. Packard, and verily be- lieves her not only sane, but that she is a person of very superior endowments of mind and understanding, naturally possessing an ex- ceedingly well balanced organization, which, no doubt, prevented her from becoming insane, under the persecution, incarceration, and treat- ment she has received. That Mrs. Packard has been the victim of religious bigotry, purely so, without a single circumstance to alle- viate the darkness of the transaction ! A case worthy of the palmiest days of the inquisition ! ! The question may be asked, how this could happen, especially in Northern Illinois ? To which I answer that the common law pre- vails here, the same as in other States, where this law has not been modified or set aside by tte statute laws, which gives the legal cus- tody of the wife's person, into the hands of the husband, and there- fore, a wife can only be released from oppression, or even from im- TESTIMONIALS. 119 prisonment by her husband, by the legal complaint of herself, or some one in her behalf, before the proper judicial authorities, and a hear- ing and decision in the case ; as was finally had in Mrs. Packard's case, she having been in the first place, taken by force, by her hus- band, and sent to the Insane Hospital, without any opportunity to make complaint, or without any hearing or investigation. But how could the Superintendent of the Insane Hospital be a party to so great a wrong? Very easily answered, without neces- sarily impeaching his honesty, when we consider that her alleged insanity was on religious subjects ; her husband a minister of good standing in his denomination, and the Superintendent sympathizing with him, in all probability, in religious doctrine and belief, sup- posed, of course, that she was insane. She was legally sent to him, by the authority of her husband, as insane ; and Mrs. Packard had taught doctrines similar to the Unitarians and Universalists and many radical preachers ; and which directly opposed the doctrine her hus- band taught, and the doctrine of the Church to which he and Mrs. Packard belonged ; the argument was, that of course the woman must be crazy ! ! And as she persisted in her liberal sentiments, the Superintendent persisted in considering that she was insane ! How- ever, whether moral blame should attach to the Superintendent and Trustees of the Insane Hospital, or not, in this transaction, other than prejudice, and learned ignorance ; it may now be seen, from recent public inquiries and suggestions, that it is quite certain, that the laws, perhaps in all the States in relation to the insane, and their confinement and treatment, have been much abused, by the artful and cunning, who have incarcerated their relatives for the purpose of getting hold of their property ; or for difference of opinion as to our state and condition in the future state of existence, or religious belief. The undersigned would further state : That the published account of Mrs. Packard's trial on the question of her sanity, is no doubt perfectly reliable and correct. That the Judge before whom she was tried, is a man of learning, and ability, and high standing in the judi- cial circuit, in which he presides. That Mrs. Packard is a person of strict integrity and truthfulness, whose character is above reproach. That a history of her case after the trial, was published in the daily papers in Chicago, and in the newspapers generally, in the State ; arousing at the time, a public feeling of indignation against the author of her persecution, and sympathy for her ; that nothing has transpired 120 MARITAL POWER EXEMPLIFIED. since, to overthrow or set aside the verdict of popular opinion ; that it is highly probable that the proceedings in this case, so far as the officers of the State Hospital for the insane are concerned, will un- dergo a rigid investigation by the Legislature of the State. The undersigned understands that Mrs. Packard does not ask pecuniary charity, but that sympathy and paternal assistance which may aid her to obtain and make her own living, she having been left by her husband, without any means, or property whatever. All of which is most fraternally and confidently submitted to your kind consideration. WILLIAM A. BOARDMAN. WAUKEGAN, ILL., DEC. 3, 1864. HON. S. S. JONES' LETTER. " To a kind and sympathizing public : This is to certify that I am personally acquainted with Mrs. E. P. W. Packard, late an inmate of the Insane Asylum of the State of Illi- nois. That Mrs. Packard was a victim of a foul and cruel conspiracy I have not a single doubt, and that she is and ever has been as sane as any other person, I verily believe. But I do not feel called upon to assign reasons for my opinion, in the premises, as her case was fully investigated before an eminent Judge of our State, and after a full and careful examination, she was pronounced sane, and restored to liberty. Still I repeat, but for the cruel conspiracy against her, she could not have been incarcerated, as a lunatic, in an asylum. Whoever reads her full and fair report of her case, will be convinced of the terrible conspiracy that was practiced towards a truly thoughtful and accomplished lady. A conspiracy worthy of a demoniac spirit of ages long since passed, and such as we should be loth to believe could be practiced in this enlightened age, did not the records of our court verify its truth. To a kind and sympathizing public I commend her. The deep and cruel anguish she has had to suffer, at the hands of those who should have been her protectors, will, I doubt not, endear her to you, and you will extend to her your kindest sympathy and pro- tection. Trusting through her much suffering the public will become more enlightened, and that our noble and benevolent institutions the asylums for the insane will never become perverted into institutions TESTIMONIALS. Ifl of cruelty and oppression, and that Mrs. Packard may be the last subject of such a conspiracy as is revealed in her books, that \i ,;1 ever transpire in this our State of Illinois, or elsewhere. Very respectfully, S. S. JONES.*' ST. CHARLES, ILL., DEC. 2, 1864. EDITORIAL REMARKS. " Assuming, as in view of all the facts it is our duty to do, the cor- rectness of the statements made by Mrs. Packard, two matters of vital importance demand consideration: 1. What have *the rulers in the church' done about the persecu- tion ? They have not publicly denied the statements ; virtually (on the principle that under such extraordinary circumstances silence gives consent,) they concede their correctness. Is the wrong cov- ered up ? the guilty party allowed to go unchallenged lest " the cause" suffer by exposure? If they will explain the matter in a way to exculpate the accused, these columns shall be prompt to do the injured full and impartial justice. We are anxious to know what they have to say in the premises. If Mrs. Packard is insane because she rejects Calvinism, then we are insane, liable to arrest, and to be placed in an insane asylum! We have a personal interest in this matter. 2. Read carefully Judge Boardman's statement as to the bearing of " common law " on Mrs. Packard's case. If a bad man, hating his wife and wishing to get rid of her, is base enough to fabricate a charge of insanity, and can find two physicians "in regular standing" foolish or wicked enough to give the legal certificate, the wife is help- less ! The " common law " places her wholly at the mercy of her brutal lord. Certainly the statute should interfere. Humanity, not to say Christianity, demands, that special enactments shall make im- possible, such atrocities as are alleged in the case of Mrs. Packard atrocities which, according to Judge Boardman, can be enacted in the name of " common law." We trust the case now presented will have at least the effect, to incite Legislative bodies to such enactments as will protect women from the possibility of outrages, which, we are led to fear, ecclesiastical bodies had rather cover up, than expose and rebuke to the prejudice of sectarian ends the ' sacred cause.' " As I have said, there was a successful effort made in the Massa- chusetts Legislature to change the laws in reference to the mode 122 MARITAL POWER EXEMPLIFIED. of commitment into Insane Asylums that winter, 1865, and as Hon. S. E. Sewall was my " friend and fellow laborer," as he styles him- self, in that movement, I made application to him this next winter, for such a recommend as I might use to aid me in bringing this sub- ject before the Illinois' Legislature this winter, for the purpose of getting a change in their laws also. But finding that the Illinois' Legis- lature do not meet this year, I have had no occasion to use it, as I intended. Having it thus on hand, I will add this to the foregoing. HON. S. E. SEWALL'S TESTIMONIAL. " I have been acquainted with Mrs. E. P. W. Packard for about a year, I believe. She is a person of great religious feeling, high moral principle, and warm philanthropy. She is a logical thinker, a persuasive speaker, and such an agitator, that she sometimes suc- ceeds where a man would fail. I think she will be very useful in the cause to which she has devoted herself, I mean procuring new laws to protect married women. I give Mrs. Packard these lines of recommendation, because she has asked for them. I do not think them at all necessary, for she can recommend herself, far better than I can. S. E. SEWALL." BOSTON, Nov. 27, 1865. After these testimonials, and the editorial remarks accompanying them had appeared in these Boston journals, Mr. Packard sent vari- ous articles to these journals in reply, designing to counteract their legitimate influence in defence of my course. Some of these articles were published, and many were refused, by the editors. The " Uni- versalist," and the " Daily Advertiser," published a part of his vo- luminous defence, which was made up almost entirely of certificates and credentials, but no denial of the truth of the general statement, The chief point in his defence which he seemed the most anxious t be sure of having our maternity respected, and our offspring legally protected to us, is to have our children in the sin- gle instead of the married state ! With shame I ask the question, does not our government here offer a premium on infidelity? And yet this is a Christian government! Why can't the inalienable rights of the lawful wife be as much re- spected as those of the open prostitute ? I say, why ? Is it because a woman has no individuality, after she is joined to a man ? Is her conscience, and her reason, and her thoughts, all lost in him ? So my case demonstrates the law to be, when practically tested. And does not this legalized despotism put our souls in jeopardy, as well as our bodies, and our children ? It verily does. It was to secure the interests of my immortal soul, that I have suffered all I have in testing these despotic laws. I would have succumbed long ago, and said I believed what I did not believe, had it not been that I cared more for the safety of my own soul, than I did the temporal wel- fare of my own dear offspring. I could not be true to God, and also true to the mandates of a will in opposition to God. And whose will was to be my guide, my hus- band's will, or God's will ? I deliberately chose to obey God rather than man, and in that choice I made shipwreck of all my earthly good things. And one good thing I sorely disliked to lose, was my fair, untarn- ished reputation and influence. This has been submerged under the insane elements of this cruel persecution. But my character is not lost, thank God I nor is it tarnished by this persecution. For my character stands above the reach of slander to harm. Nothing can harm this treasure but my own actions, and these are all guided and controlled by Him, for whose cause I have suffered so much. Yes, to God's grace alone, I can say it, that from the first to the last of all my persecutions, I have had the comforting consciousness of duty per- formed, and an humble confidence in the approval of Heaven. Strong only in the justice of my cause, and in faith in God, I have stood e, and defied the powers of darkness to cast me down to any de- APPEAL TO THE GOVERXilJiNT. I3o etruction, which extended beyond this life. And this desperate trea- son against manliness which has sought to overwhelm me, may yet be the occasion of the speedier triumph of my spiritual freedom, and that also of my sisters in like bondage with myself. The laws of our government most significantly requires us, "to work out our own salvation with much fear and trembling," lest the iron will which would hold us in subjection, should take from us all our earthly enjoyments, if we dare to be true to the God principle within us. So bitter has been my cup of spiritual suffering, while passing through this crucible of married servitude, that it seems like a mira- cle almost, that I have not been driven into insanity, or at least misan- thropy by it. But a happy elasticity of temperament conspired with an inward consciousness of rectitude, and disinterestedness, has ena- bled me to despise these fiery darts of the adversary, as few women could. And I cherish such a reverence for my nature, as God has made it, that I cannot be transformed into a " man-hater." I thank God, I was made, and still continue to be, a " man- lover." Indeed, my native respect for the manhood almost approaches to the feeling of reverence, when I consider that man is God's representative to me that he is endowed with the very same attributes and feelings towards woman that God has a protector of the weak, not a subjector of them. It is the exceptions, not the masses of the man race, who have perverted or depraved their God-like natures into the subjectors of the depend- ent. The characteristic mark of this depraved class is a "woman- hater," instead of a " woman-lover," as God, by nature made him. This depraved class of men find their counterpart hi those women, who have perverted their natures from "men-lovers," into "men- haters." And man, with a man-hating wife, may need laws to protect his rights, as much as a woman, with a woman-hater for her husband. Jfiaws should take cognizance of improper actions, regardless of sex or position. All we ask of our government is, to let us stand just where our actions would place us, without giving us either the right or power to harm any one, not even our own husbands. At least, give us the power to defend ourselves, legally, against our husband's abuses, since you have licensed him with almost Almighty power to abuse us. And it will be taking from these women-haters no right to take from them the right to abuse us. It may, on the contrary, do them good, to be compelled to treat us with justice, just as you claim that it will do the 136 MARITAL POWER EXEMPLIFIED. slave-holder good, to compel him to treat his slave with justice. It is oppression and abuse alone we ask you to protect us against, and this we are confident you will do, as soon as you are convinced there is a need or necessity for so doing. And I will repeat, it is for this pur- pose that I have, hi this pamphlet, delineated a subjected wife's true, legal position, by thus presenting my own personal, individual, expe- rience for your consideration. In summing up this argument, based on this dark chapter of a mar- ried woman's bitter experience of the evils growing out of the law of married servitude, I would close with a Petition to the Legislatures of all the States bf this Union, that they would so revolutionize their statute laws, as to expunge them entirely from that most cruel and degrading kind of despotism, which identifies high, noble woman as its victim. Let the magnanimity of your holy, God-like natures, be re- flected from your statute books, in the women protective laws which emanate from them. And may God grant that in each and all of these codes may soon be found such laws as guarantee to married wo- man a right to her own home, and a right to be the mistress of her own household, and a right to the guardianship of her own minoi children*. In other words, let her be the legally acknowledged mistress of hef own household, and a co-partner, at least, in the interests and destiny of her own offspring. Let the interests of the maternity be as much respected, at least, as those of the paternity; and thus surround the hallowed place of the wife's and mother's sphere of action, with a for- tress so strong and invincible, that the single will of a perverted man cannot overthrow it. For home is woman's proper sphere or orbit, where, in my opinion, God designed she should be the sovereign and supreme ; and also designed that man should see that this sphere of woman's sovereignty should be unmolested and shielded from any in- vasions, either foreign or internal. In other words, the husband is the God appointed agent to guard and protect woman in this her God, appointed orbit. Just as the moon is sovereign and supreme in her minor orbit, being guarded and protected there by the sovereign power of the sun, revolving in his mighty orbit. The appropriate sphere of woman being the home sphere, she should have a legal right here, secured to her by statute laws, so that in case the man who swore to protect his wife's rights here, perjures himself by an usurpation of her inalienable rights, she can have re- APPEAL TO THE GOVERNMENT. . Id7 dress, and thus secure that protection in the law, which is denied her by her husband. In short, woman needs legal protection t*s a married woman. She has a right to be a married woman, therefore she has a right to be protected as a married woman. If she cannot have protection as a married woman, it is not safe for her to marry ; for my case demon- strates the fact, that the good conduct of the wife is no guarantee of pro- tection to her ; neither is the most promising developments of man- hood, proof against depravity of nature, approximating very near to the point of " total depravity," and then woe to that wife and mother, who has no protection except that of a totally depraved man ! But, some may argue, that woman is already recognized in several of the States as an individual property owner, and as one who can do business on a capital of her own, independent of her husband. Yes, we do most gratefully acknowledge this as the day star of hope to us, that the tide is even now set in the right direction. But allow me to say, this does not reach the main point we are aiming to establish, which is, that woman should be a legal partner in the family firm, not a mere appendage to it. This principle of separating the interests of the married pair is not wholesome nor salutary in its results. It tends towards an isolation of interests ; whereas it is an identification of interests, which the marriage contract should form and cement. We want an equality of rights, so, far as copartners are concerned. These property rights should be so identified as to command the mu- tual respect of partners, whose interests are one and the same. In short, the wife should be the junior partner, and law should recognize her as such, by protecting to her the rights of a junior partner, and her husband should be the legally constituted senior partner of the family firm. Then, and only till then, is she his companion on an equal- ity, in legal standing, with her husband, and sharing with him the protection of that government, which she has done so much to sustain ; which government is based on the great fundamental principle of God's government, namely, an equality of rights to all accountable moral agents. Our government can never echo this heavenly principle, until it defends " equal rights," independent of sex or color. APPENDIX. REV. SAMUEL WARE'S CERTIFICATE TO THE PUBLIC. "Tnis is to certify that the certificates which have appeared in public in relation to my daughter's sanity, were given upon the con- viction that Mr. Packard's representations respecting her condition were true, and were given wholly upon the authority of Mr. Pack- ard's own statements. I do therefore certify that it is now my opin- ion that Mr. Packard has had n cause for treating my daughter Elizabeth as an insane person. SAMUEL WARE. Attest, OLIVE WARE, AusTiri' WARE, SOUTH DEEBFIELD, AUG. 21, 1866." The reader should be informed that the above certificate was given after I had been a member of my father's family for six months, thus affording him ample opportunity to judge of my real condition, by his own personal observation, since Mr. Packard, and his co-conspirator, Dr. McFarland, the Superintendent of the Asylum, both insist upon it, that I am now in just the same condition in reference to my sanity, that I was when I was kidnapped and forced into my prison. There- fore, when my own dear father's eyes were fully opened to see the deception that had been employed to secure his influence in support of this cruel conspiracy, he felt conscience bound to give the above certificate in vindication of the truth. Another evidence of my Fath- er's entire confidence in my sanity is found in the fact that about this time he re-wrote his will, and so changed it that, instead of now giv- ing me my patrimony "in trust" as before, he has bestowed it upon me, his only daughter, in precisely the same manner, and upon equal terms every way with my two only brothers. MRS. PACKARD'S ADDRESS TO THE ILLINOIS LEGISLATURE. GENTLEMEN OF ILLINOIS GENERAL ASSEMBLY: Thankful for the privilege granted me, I will simply state that I desire to explain my bill rather than defend it, since I am satisfied it needs no defense to secure its passage by this gallant body of gen- tlemen. I desire to make this public statement of some of the facts of my personal experience, relative to my incarceration in Jacksonville Insane Asylum, that you, the law-makers of this State, may see from the standpoint of my own individual wrongs, the legal liabilities to which all married women and infants have been exposed for the last sixteen years, to false imprisonments in Jacksonville Insane Asylum, under the act passed in 1851, viz. : " Married women and infants who, in the judgment of the Medical Superintendent," (meaning the Superintendent of Illinois State Hos- pital for the Insane,) u are evidently insane or distracted, may be entered or detained in the hospital, on the request of the husband of the woman or the guardian of the infant, without the evidence of insanity required in other cases." This act was nominally repealed in 1865 ; but, practically, is still existing, in retaining. those who have been previously entered without evidence of insanity, and in receiving others, regardless of the law of *65, which demands a fair trial of all before commitment. In short, the present law is not in all cases enforced, but this unjust law is still in practical force in many instances. Therefore, your petitioners, men of the first legal character and standing in Chicago, in asking for the repeal of this unjust law, not only ask for the enforcement of the new law by a penalty, but also that a jury trial may be forthwith extended to the unfortunate victims of this unjust law, who are now confined in Jacksonville Insane Asylum. In detailing the practical working of this law in my case, I must rely upon your good sense to pardon the egotistical character of the following statement. 2 ADDRESS TO THE I am a native of Massachusetts, the only daughter of an orthodox clergyman of the Congregational denomination, and the wife of a Congregational clergyman, who was preaching to a Presbyterian Church in Manteno, Kankakee Co., 111., when this legal persecution commenced. I have been educated a Calvinist, after the strictest sect, but as my reasoning faculties have been developed by a thorough, scientific education, I have been led, by -the simple exercise of my own rea?on and common sense, to endorse theological views, in conflict with my educated belief and the creed of the church with which I am con- nected. In short, from my present standpoint, I cannot but believe that the doctrine of total depravity, (which is the great backbone of the Calvinistic system,) conflicts with the dictates of reason, common sense, and the Bible. And, gentlemen, the only crime I have committed is to dare to be true to these, my honest convictions, and to give utterance to these views in a Bible class in Manteno, at the special request of the teacher of that class, and with the full and free consent of my husband. But the popular endorsement of these new views by the class and the community generally, led my husband and his Calvinistic Church to fear, lest their Church creed would suffer serious detriment by this license of private judgment and free inquiry, and as these liberal views emanated from his own family, and he, (for reasons best known to himself,) declining to meet me on the open arena of argument and free discussion, chose, rather, to use this marital power which your laws license him to use, and as this unjust law permits, and got me imprisoned at Jacksonville Insane Asylum, without evidence of in- sanity, and without any trial, hoping, as he told me, that by this means he could destroy my moral influence, and thereby defend the cause of Christ, as he felt bound to do ! It was under these circumstances I was legally kidnapped, as your laws allow, and imprisoned three years at Jacksonville, simply for claiming a right to my own thoughts. The first intimation I had of this legal exposure, was by two men entering my room, on the 1 8th of June, 1860, and kidnapping me. Two of his Church-member.--, attended by Sheriff Burgess of Kankakee, took me up in their arms and carried me to the wagon, and thence to the cars, in spite of rcy lady-like protests, and regardless of all my entreaties for some sort of trial before imprisonment. My husband replied, " I am doing as the laws of Illinois allow me to do you have no protection in law but myself, and I am pro- ILLINOIS LEGISLATURE. g teeting you now ; it is for your good I am doing this ; I want to save your soul; you don't believe in total depravity; I want to make you right." " Husband," said I, " have not I a right to my opinion ? " " Yes, you have a right to your opinions if you think right." " But does not the constitution defend the right of religious toler- ance to all American citizens ? " " Yes, to all citizens it does defend this right, but you are not a citizen ; while a married woman, you are a legal nonentity, without even a soul in law. In short, you are dead as to any legal exist- ence, while a married woman, and therefore have no legal protection as a married woman." Thus I learned my first lesson in that chapter of " common law," which denies to married women a legal right to their own individ- uality or identity. Here I was taken from my little family of six children, while my babe was only eighteen months old, while in the faithful discharge of all my duties as wife and mother, having done all my own work for twenty-one years, besides educating our own children, and nearly fitting our oldest son for college ; in perfect health and sound mind, and forced into an imprisonment of an indefinite length, without the mere form of a trial, and without any chance at self-defense. True, my husband did even more than this " unjust law " demands, for he did get the certificates of two orthodox physicians that I was insane like Henry Ward Beecher, and Horace Greeley, and Spur- geon, and three-fourths of the religious community ; and, besides, he obtained the names of forty others, mostly his own Church members, who thus co-conspired to sustain their minister in this mode of de- fending the' cause of Christ against the contagious influence of dan- gerous heresies aiwl fatal errors. The influence of the community outside of the Church was thrown into the opposite scale entirely ; but their influence was overpowered by the majesty of the law, added to the dignity of the pulpit. I was conveyed by Sheriff Burgess, Deacon Dole and Mr. Packard to your State Hospital, in defiance of the indignant community who had as- sembled at the depot in large crowds to defend me. Dr. Simming- ton, the Methodist minister at Manteno, remarked to me, "Mrs. Packard, you will not be there long," and plainly intimated that, in his opinion, no man was fit for his position who would retain such an inmate as myself. 4 ADDRESS TO THE Dr. McFarland, of course, was obliged to receive me on this super- abundant testimony that I was an insane person, although he apolo- gized to me afterwards for receiving me at all, and for four months he treated me himself, and caused me to be treated, with all the respect of a hotel boarder. He even trusted me with the entire charge of a carriage load of insane patients, and the care of my own team, fourteen times ; sometimes I would be absent nearly a half * day on some pleasant excursion to the fair-grounds or cemetery, and he never expressed the least solicitude for our safe return. Indeed, he trusted me almost in every situation he would trust the matron. But, at the expiration of this time, with no change whatever in my deportment, I forfeited all his good-will and favors, by presenting him a written reproof for his abuse of his patients, which was after- wards printed, wherein I told him I should expose hirn when I got out, unless he treated his patients with more justice. He then removed me from the best ward to the worst, where were confined the most dangerous class of patients, and instructed his at- tendants to treat me just as they did the maniacs, and be sure to keep me a close prisoner, and on no account to allow me to leave the ward, and compel me to sleep in a dormitory with from three to six crazy patients, where my life was exposed, both night as well as day, with no room of my own to flee to for safety from their insane flights and dangerous attacks. I have been dragged around this ward by the hair of my head by the maniacs ; I have received blows from them that almost killed me. My seat at the table was by the side of Mrs. Triplet, the most dangerous and violent patient in the whole ward, who almost invar- iably threatened to kill me every time I went to the table. I liave had to dodge the knives and forks and tumblers and chairs which have been hurled in promiscuous profusion about my head, to avoid some fatal blow. I have begged and besought Dr. McFarland to remove me to some place of safety, where my life would not be so exposed, only to see him turn, speechless, away from me ! I have endured the scent and filth of a ward, from which my delicate, sensi- tive nature revolts in loathsome disgust, until I had had time to clean the whole ward with my own hands, before it could be a decent place for human beings to inhabit. From this eighth ward I was not removed until I was discharged, two years and eight months from the day I was consigned to it. I did not set my foot upon the ground in the mean time, although, for the last part of my imprisonment there, Dr. McFarland exchanged ILLINOIS LEGISLATURB. 5 some of the noisiest and most boisterous patients for a more quiet class. 1 have been threatened with the screen-room, and this threat has been accompanied with the flourish of a butcher knife over my head, for simply passing a piece of johnny-cake through a crack under my door to a hungry patient, who was locked in her room to Buffer star- vation as her discipline for her insanity. I have heard a fond and tender mother begging and pleading, for one whole night and part of a day, for one drink of cold water, but all in vain ! simply because she had annoyed her attendant, by crying to see her darling babe and dear little ones at home. I finally persuaded the matron, Mrs. Waldo, to interpose, and give her a drink of water. There was but one of all the employees at that Asylum whom the Dr. could influence to treat me, personally, like an insane person. This was Mrs. De La Hay. Besides threatening me with the screen-room, as I have stated, she threatened to jacket me for speak- ing at the table. One day, after ?he had been treating her patients with great injus- tice and cruelty, I addressed Mrs. McKonkey, who sat next to me at the table, and in an undertone remarked, " I am thankful there is a recording angel present, noting what is going on in these wards ; " when Mrs. De La Hay, overhearing my remark, exclaimed in a very angry tone, "Mrs. Packard, stop your voice! if you speak another word at the table I shall put a straight jacket on you ! " Mrs. Lovel, one of the patients, replied, " Mrs. De La Hay, did you ever have a straight jacket on yourself?" " No, my position protects me ! but I would as soon put one on Mrs. Packard as any other patient, ' recording angel ' or no ' record- ing angel,' and Dr. MeFarland will protect me in doing so, too ! " The indignant feeling of the house soon became so demonstrative, in view of the treatment I was receiving, that the Dr. seemed com- pelled to discharge Mrs. De La Hay to Defend his own character from the charge of abusing me, and Mrs. De La Hay soon after be- came insane, and a tenant of Jacksonville poor-house. He cut me off" from all written communication with the outside world, except under the strictest censorship, and made it a discharge- able offence of his employees to permit me to have any means of communication with the outside world, He has refused Mrs. Judge Thomas and other friends, whom ho knpw desired to comfort me with human sympathy and some choi viands, admission into my presence, and has put them off with the inquiry, " why do you wish 6 ADDRESS TO THE to single out Mrs. Packard from the other patients, to administer to her comfort ? " and when asked by his guests, who often mistook me for the matron, ".why he kept so intelligent a lady in an Insane Asylum ? " he would reply, " you must not take any notice of what a patient says ! " And the reply he would make to my indignant friends at the hospital, who ventured sometimes to inquire " why are you treating Mrs. Packard in this manner?" has invariably been, " it is all tor her good ! " Time will not allow me to detail my sufferings and persecutions at that hospital ; I will only add, may the Lord forgive Dr. McFarland for the injustice I have suffered at his hands ! And God grant that the legislature of 1867 may have the moral courage to effectually remove the liabilities to a repetition of wrongs like my 'own ! Various attempts were made by my Manteno friends to rescue me, but all in vain. My legal non-existence rendered it difficult to ex- tend legal aid to a nonentity, except it come through the identity of my only legal protector, and so long as it was possible to cut me off from any direct application for deliverance, he could ward off the habeas corpus investigation they wished to institute, and as long as the Doctor claimed I was insane, so long this unjust law consigned me to leg il imprisonment. My relatives and other friends applied to lawyers, judges and the Governor in my behalf, but all in vain, as these officers were only authorized to administer existing laws ; they could neither repeal them nor act contrary to them. On the 18th of June, 18(53, I was finally removed from my asylum prison, by order of the Tru tees, as the result of a personal interview \vhich Dr. Mc-^ Farland kindly consented to grant me, and put again into the custody of my husband, who consigned me to a prison in my own house, claiming, as his excuse, that I was just as insane as when I was en- tered just three years previously, for I had neither recanted nor yielded my right to my identity : therefore, in the judgment of your superintendent, I am hopelessly insane, and am doomed, by his cer- tificates, to a life-long imprisonment in the Insane Asylum at North- ampton, Mass., and my husband was just on the point of starting with me for a consignment in that living tomb, when he was arrested by a writ of habeas corpus, issued by judge Starr, of Kankahee City, and used by my Manteno friends in defence of my personal liberty. I was now where I could make direct application, by passing a letter clandestinely through a crack in my window. The trial lasted five days, and resulted in a complete vindication of my sanity, although his witnesses swore that it was evidence of ILLINOIS LEGISLATURE. f insanity for a person to wish to leave a Presbyterian church and join a Methodist ! A full account of this trial is found m uu.= - Tnree Years Imprisonment for Religious Belief." It was reported by one of my lawyers, and is an impartial record of the whole case. During the trial, Mr. Packard " fled his country" in the night, to avoid the danger of a mob retribution. He took with him all our i personal property, even my own wardrobe and children, and rented! our home, so that I found myself, at the close of court, homeless, penniless and childless. And this, gentlemen, is legal usurpation, also, on the slavish prin- ciple of common law the legal nonentity of the wife, the man and wife being one, and the one, the man! Gentlemen, we married women need emancipation ; and will ,you not be the pioneer State in our Union, in woman's emancipation ? and thus use my martyrdom for the identity of a married woman, to herald this most glorious of all reforms married woman's legal emancipation, from that of a slave in law, to that of a partner and companion of her husband, in law, as she now is in society? And, lest there be a misunderstanding on this subject, permit me here to explain what kind of slavery I refer to. This slavish posi- tion which the principles of common law assigns the married woman, is a relic of barbarism, which the progress of civilization will, doubt- less, ere long, annihilate. In the dark ages, married woman was a slave to her husband, both socially and legally ,but, as civilization has progressed, she has outgrown her social position that of a slave and is now regarded in society as the companion and partner of her hus- band. But the law has not progressed with civilization, so that mar- ried woman is still a slave, legally, while she is his companion, socially. Man, we know, is woman's natural protector, and, in most instan- ces, is all the protection a married woman needs. Still, as the laws are made for the exceptional cases, where man is not a law unto him- self, what can be the harm in emancipating woman from this slavish position, so that she can receive governmental protection of her right to " life, liberty and the pursuit of happiness," as well as the mar- ital protection? So, in case where the marital fails, she can have legal protection, while married as well as when single. Then when vour darling daughter is called to exchange the paternal protection for the marital, she will not be obliged to alienate her right to gov- ernmental protection by this exchange of her natural protectors, but she, the tenderest and the best, can then claim of her government, g ADDRESS 10 THE while a married woman, the same protection of her rights as a woman, wliich your sons now claim as men. The need of this radical change hi married woman's legal position is more fully elucidated in this book, which contains a detailed ac- count of my persecutions in Illinois, when your State hospital was used, in my case, as an inquisition. My object in bringing these facts to your notice is to secure legislative action, where these facts show the need of action. In conclusion, gentlemen of this Assembly, may I be allowed to read a few extracts from Dr. McFarland's published letters on this subject, showing, from his own words, his ground of self-defense. The Doctor says : u All Mrs. Packard's wrongs, persecutions and sufferings, of every description, tare utterly the creation of a diseased imagination." Now, I ask, is this so ? Can facts be transmuted into fiction by the simple assertion of one man ? And is it a mere creation of a diseased imagination that has torn me from my helpless babe and de- prived my darling children of a fond mother's tender care ? Is it the mere creation of a diseased imagination to find that good conduct, not even the best, is any guarantee of protection to a wife and moth- er under Illinois laws ? Neither Dr. McFarland nor Mr. Packard himself, has ever denied one of the facts in the statement I have made ; but as their only justification, they claim that I am insane and the only proof of in- sanity they have ever brought in support of this opinion is, "her views of things," as the Doctor expresses himself, or. my private, individual opinions. Now I wish to ask the gentlemen of this Assembly, if, for my using my right of opinion, or my right of private judgment, the public sentiment of this age is going to justify Illinois in keeping me a prisoner three years, under the subterfuge of insanity, based wholly upon my " views of things ?" Just consider, for one moment, the principle. Here my personal liberty, for life, hangs suspended wholly on the opinion of this one man, whom policy or interest might tempt to say I was insane when I was not ; for this law expressly states that the class I represent may be imprisoned without evidence of insanity, and without trial ! Just make the case your own, gentlemen : would it be easy for you to realize that it was a mere creation of your imagination to have two men take you by force from your business and family, with- out evidence of insanity and without trial, and your kidnappers claim ILLINOIS LEGISLATURE 9 as their only justification, that you are insane on some point in your religious belief, simply because Dr. McFarland says you are, and then lock you up for life, on his single testimony, without proof ? Now we, married women and infants, have had our personal liberty, for sixteen years, suspended on this one man's opinion ; and possibly he may be found to be a fallible man, and capable of corruption, if we may be allowed to judge of this great man from the standpoint of his own words and actions. Now, if the Doctor was required to prove his patients insane, from their own conduct, there would be a shadow of justice attached to his individual judgment ; but while this law allows him to call them insane, and treat them as insane, without evidence of insanity, where is the justice of such a decision ? You do not hang a person without proof from the accused's own actions that he is guilty of the charge which forfeits his life. So the personal liberty of married women should not be sacrificed without proof that they are insane, from their own conduct. When Dr. McFarland has brought forward one proof from my own conduct, by one insane act of my own, in support of his posi- tion, I will then say he has cause for calling me an insane person ; but until that time arrives, I claim he is begging the question en- tirely, in calling me an insane person, without one evidence to sus- tain his charge. Gentlemen, it is not merely for my own self-defence from this unpleasant charge, that I lay this, argument before you, but it is that you may see, from my standpoint, how exceedingly frail is the thread on which our reputation for sanity is suspended, and how very liable married women and infants are to be thus falsely imprisoned in Jack- sonville Insane Asylum. If my testimony might be allowed to add weight to this suspicion or presumption, I would state that, to my certain knowledge, there were married women there when I left, more than three years since, who were not insane then at all, and they are still retained there, as hopelessly insane patients, on the simple strength of the above ground of evidence ; and it is my womanly sympathy for this class of prisoners that has moved me to come, alone, from Massachusetts, in the depth of winter, to see if I could not possibly induce this leg- islature to compassionate their case : for it is under your laws, gen- tlemen, I have suffered, and they are still $unering, and it is to this legislature of 1867 that we apply for a legal remedy ; and we confi- dently trust you will vindicate the honor of your State in the action JO ADDRESS TO THE you take upon this subject. "We trust you will not only have the manliness aud moral courage to repeal this unjust law, forthwith, but also extend, promptly, a just trial to its wronged and injun-d victims. Again, Dr. McFarland writes: " Mr. Packard is suffering from a cause which only gather his church and the public about him, in the bonds of a generous sympathy." I reply to this assertion by stating a few simple fact?. Mr. Pack- ard's church and people in Manteno, Illinois withdrew from him their confidence and support, while I was incarcerated, instead of gather- ing about him, because public sentiment would not tolerate him, as a minister, with this stigma upon him ; and it was the fear of lynch law which drove him from this State during the court, to seek shelter and employment in Massachusetts, his native State. There he suc- ceeded in securing a place as stated supply, by ignoring the decision of your court, and by misrepresenting the west to be in such a i-emi- barbarous state that it was impossible to get a just decision at any legal tribunal in this uncivilized region, where, he tells them, " a large portion of community were more intent on giving Presbyterian- ism a blow, than in investigating the question of Mrs. Packard's insanity ! " He occupied his new field in Sunderland, Mass., fifteen months, when I returned to my father's house in Sunderland, on a visit, and the result was, my personal presence, together with the facts in the case, upset him, so that neither Sunderland nor any other society in New England can be induced to employ him in defiance of enlight- ened public sentiment. Indeed, the public sentiment of New Eng- land has so blighted and withered his ministerial influence, that the remark of a lawyer in Worcester, Mass., made a few months since, reflects his true social position there, at present. Said he, " there is not a man in New England, neither do I think there is one man in the United States, who would dare to stand the open defender of Mr. Packard in the course he has taken, and in view of the facts as they are now known to exist." Now I would like to ask Dr. McFarland, where are to be found these " bonds of generous sympathy " to which he refers ? in the region of the west, or in the east ? Here, where the Doctor's assertion is found to be plainly contra- dicted by facts, can his simple assertions be relied upon as infallible testimony and infallible authority ? Again, another extract, and I am done. Dr. McFarland writes, " I have no question but that Mrs. Pack- ILLINOIS LEGISLATURE. ]_]_ ard's committal here was as justifiable as in the majority of those now here." Now if this statement of your superintendent is true, viz.: that I am a fair specimen of the majority of his patients, then the Doctor himself must admit that the majority of inmates there are capable of assuming a self-reliant position, and, instead of being supported there as State paupers, as I was during my imprisonment of three years, ought they not to be liberated, and supporting themselves and their families as I am now doing ? Mr. Packard has become an object of charity since he cast me penniless upon the world, while I have, without charity, not only supported myself, but have already become voluntarily responsible for his support, and the support and education of my children, from the avails of my own hard labor, since my discharge from my prison ; while at the same time, he will not allow me to live in the house with my dear children, lest my heresies contaminate them ! Now, Gentlemen, is it not better that I be thus employed, selling my books for their support, rather than be held as your State's pris- oner and State's pauper simply because my " views of things" do not happen to coincide with your Superintendent's views of things ? It is true, and, gentlemen, your Superintendent's own statement verifies it, that I am not the only one who has been so unjustly im- prisoned there, and in the name and behalf of those now there, I beg of this body that you extend to such a fair trial or a discharge. Really, the claims of humanity and the honor of your State both demand that my case stimulate the Illinois legislature of 1867 to pro- vide legal safeguards against false commitments like my own. Permit me here to add, that although I have come from Massa- chusetts to Illinois at my own expense, without money and without price, for the express purpose of bringing these claims of oppressed humanity to your notice, I do not demand nor ask for any remunera- tion for my false imprisonment in your State institution, nor for any personal redress of those legal wrongs which have deprived me of my reputation, my home, my property, my children, my liberty ; but I do ask that the legal liabilities to such like outrages may be effect- ually removed by this legislature, and that the justice of a trial by jury may be forthwith extended to those now in that asylum, who have been consigned to an indefinite term of imprisonment, without any trial. Gentlemen of this assembly, in view of the facts now before you, please allow me the additional privilege or adding a few suggestions. 12 ADDRESS TO THE You see it has become a demonstrated fact that I, a minister's wife, of Illinois, have been three years imprisoned in your State, by your laws, simply because I could not tell a lie that is, I could not be false to my own honest convictions ; and since I simply claim the right to be an individual instead of a parasite, or an echo of others' views, I am branded by your laws as hopelessly insane ! Is it not time for you to legislate on this subject, by enacting laws which shall make it a crime to treat an Illinois citizen as an insane person simply for the utterance of opinions, no matter how absurd those opinions may be to others ? Opinions cannot harm the truth, nor the individual, especially if they are absurd or insane opinions. But for irregularities of conduct, such as my persecutors have been guilty of, the law ought to be made to investigate. Imprisonment for religious belief ! What is it but treason against the vital princi- ple of this American Government, viz. : religious toleration ? Would that I could have claimed protection under the banner of my country's flag, while a citizen of Illinois. But no ; this unju^ t statute law has consigned me to the reign of despotism. And so are all my married sisters in Illinois liable to this consignment, so long as this barbarous law is in force. And O ! the horrors of such a consignment ! Only think of put- ting your own delicate, sensitive daughter through the scenes I have been put through. Do you think she would have come out unharmed? God only knows. But this I do know : that it is one principle of ethics, that a person is very apt to become what they are taken to be. You may take the sanest person in the world, and tell them they are insane, and treat them as your Superintendent treats them there it is the most trying ordeal a person can pass through and not really become insane. And most reverently does Mrs. Packard attribute it to God's grace alone, for carrying her safely through this most awful ordeal, un- harmed, and I am almost tempted to add God himself could not have done this thing without the strictest conformity on my part, to His own laws of nature, in connection with a well-balanced organiza- tion. As it is, to God's grace alone. I spy it, I am a monument for the age a standing miracle, almost, of the power of faith to shield one from insanity, by having come out unharmed, through a series of trials, such as would crush into a level with the beasts, I may say, any one, who did not freely use this antidote. Here let me make one practical suggestion. Is that kind of treat- ment which causes insanity the best adapted to cure insanity ? ILLINOIS LEGISLATURE J3 O . my brothers ! my gallant brothers ! will you not protect U3 from such liabilities ? Will you not have the manliness to grant to us, married women, the legal right to stand just where our own ao tions will place us, regardless of our views of things, or our private opinions ? that is, may we not have the privilege of being legally pro- tected, as you are, in our rights of opinion and conscience, so long as our good conduct deserves such protection ? "We have an individuality of our own, which is sacred to ourselves ; will you not protect our personal liberty, while in the lawful, lady- like exercise of it? for personal liberty is a boon of inestimable val- ue to ourselves as well as you, and by guarding our liberty against false commitment there, you may have fortified the personal liberty of some of Illinois' best and sanest class of citizens, whose interests are now vitally imperiled by this unjust law. Yes, gentlemen, I, their representative, now stand legally exposed to be kidnapped again, and hid for life in some lunatic Asylum ; and since no laws defend me, this may yet be done. Should public sen- timent the only law of self-defence I have endorse the statements of this terrible conspiracy against the personal liberty and stainless character of an innocent woman, I may yet again be entombed, to die a martyr for the Christian principle of the identity of a married woman. Three long years of false imprisonment does not satisfy this lust for power to oppress the helpless. No ; nothing but a life-long entombment can satisfy the selfhood of my only legal protector. O ! I do want laws to protect me, and, as an American citizen, I not only ask, but I demand that my personal liberty shall depend upon the decision of a jury not upon the verdict of public senti- ment, or forged certificates, either. My gallant brothers, be true to my cause, if false to me. Be true to woman ! defend her as your weak, confiding sister, and Heaven shall reward you ; for God is on her side, " and he always wins who sides with God." Fear not ; fear nothing so much as the sin of simply not doing your duty. Maintain your death grapple in defence of the heaven- born principles of liberty and justice to all human kind, especially to woman. Emancipate her ! for above this cross hangs suspended a crown, of which even our martyred Lincoln's crown of negro eman- cipation, is but a mere type and shadow in brilliancy. And God grant that this immortal crown of unfading honor may be the right- ful heritage the well-earne/l reward of Illinois' gallant sons, as em- bodied in their legislators. 14 ADDitESS TQ THE And all we have to ask for Dr. McFarland is, that you not only allow, but require thin great man to stand just where his own actions will place him, regardless of his position, or the opinion of his ene- mies or his friends. Gentlemen, permit me also to say, that when you have once lib- erated the sane inmates of that hospital, and effectually fortified the rights of the sane citizens of Illinois against false commitments there, you will have taken the first progressive step in the right direction, in relation to this great humanitarian reform. And here I will say, that from what I do know of the practical workings of the internal machinery of that institution, as seen from behind the curtain, from the standpoint of a patient, and from what I know of the personal and private character of Illinois Statesmen, I predict it will not be the last. . And, notwithstanding the temporary disfigurement of Illinois' proud escutcheon by this foul stain of religious persecution, which, I regret to say, it now has upon it, may God grant that the present statesmen of Illinois may yet so fully vindicate its honor, as that the van of this great humanitarian reform may yet be heralded to the world in the action of Illinois representatives, as embodied in this legislature of 1867. I hold myself in readiness, gentlemen, to answer any questions, or perform any service in behalf of this cause you may desire of me ; and, as an incentive to your acting efficiently in this matter, I will state that several legislatures in New England are watching eagerly the result of my application to you, this winter, and they have en- gaged me to report to them the result. I desire, therefore, an opportunity to vindicate your character be- before these legislatures, on the basis of your own actions, for, after you know of the existence of this barbarous law, and its direct ap- plication to me, one of its wronged and injured victims, as you now do, I shall no longer be able to plead your ignorance of the existence .of such a law, as your vindication from the charge of barbarism, and you must know that the intelligence of the whole civilized world cannot but call a State barbarous in its legislation, so long as this black and cruel law has an existence, even in continuing to hold its \victims in its despotic grasp. I know, gentlemen, that since 1 865, I can plead that you have nominally repealed it, but so long as this law of 'Go is without a penalty to enforce it, it is only a half law, or in other words, it is merely legislative advice it is not a statute law, and so long as you ILLINOIS LEGISLATURE i K do retain its injured victims in their false imprisonment, you have rot rep-uled it. Now, gentlemen, much as I would like to gratify the wishes of a member of your House, in erasing the recoid of this laAv from my bo 3k, o.i th .3 ground of its having been already repealed, I cannot conscientiously do it so long as that institution continues to receive inmates without a;iy trial by jury, or retains those who have never had any such trial. No, gentlemen ; this law and its application to .me, cannot be ob- literated, for it has already become a page of Illinois' history, which must stand to all coming time, as a living witness against the legisla- tion of Illinois in the nineteenth century. There is one way, and only one, by which you can redeem your State from this foul blct of religious persecution which now desecrates your nationality in the es timation of the whole civilized world, and that is by such practical repentance as this bill demands. This done, I can then, and only till then, vindicate the character of Illinois statesmen, on the ground of their own ho lorable a j ,:ts. In an appendix to this book, you will then find not only Mrs. Packard's appeal to Illinois' legislature of 1867, but also the noble manly response of its legislators, as echoed by their own honorable acts. Bat, should you, for any reason, choose to turn a deaf ear to this appeal in defence of your injured citizens, I shall not rest until I have made this same appeal to the people of this State, and asked from them the justice I am denied from their representatives. And should I be denied there, I shall go to work single-handed and alone, in liberating this oppressed class, by the habeas corpus act, before I shall feel that my skirts are washed from the guilt of hiding these public sins against humanity, which I know to have existence in the State of Illinois, And can you blame me for this manifestation of my heart sympa- thy for my imprisoned sisters ? Can a sensitive woman feel a less degree of sympathy for her own sex, when she knows, as I do from my own bitter experience, the injustice they are daily and hourly now receiving in that dismal prison ? And ! if you or your darling daughter were in their places, would you feel like reproaching me as a fanatic, for thus volunteering in your defence ? No ; you would not. But I should reproach my- self,, and so must a just God reproach me, should I dare to do le.s ; for there is a vow recorded in the archives of high Heaven, that Mrs. Packard will do all in her power to do, for the deliverance of these 1 g ADDRESS TO THE ILLINOIS LEGISLATURE. victims of injustice, if God will but grant her deliverance. I am de- livered ! my vow stands recorded there ! Shall this vow be a witness against me, or shall it not ? Gentlemen of this Assembly, I shall try to redeem that pledge, and so far as you are concerned, my work is now done. Yours re- mains to be done. God grant you may dare to do right ! that you may have the moral courage to dare to settle this great question, just upon its own intrinsic merits, independent of the sanity or the insanity of its defender. Very respectfully submitted to the General Assembly of Illinois, now in Session, by MRS. E. P. W. PACKARD. SPRINGFIELD, ILLINOIS, February 12th, 1867. The result of this appeal was the passage of the "Personal Liberty Bill," entitled "An Act for the Protection of Personal Liberty." ACTION OF ILLINOIS LEGISLATURE ON THIS SUBJECT. AN ACT in relation to Insane persons and the Illinois State Hos- pital for the Insane. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly : That the circuit judges of this Satte are hereby vested with power to act under and execute the provisions of the act passed on the 12th of February, 18.~j3, entitled " An act to amend an act entitled ' an act to establish the Illinois State Hospital for the Insane,'" in force March 1st, 1847, in so far as those provisions confer power upon judges of county courts ; and no trial shall be had of the question of sanity or insanity before any judge or court, without the presence or in the absence of the person alleged to be insane. And jurors shall be freeholders and heads of families. SEC. 2. Whenever application is made to a circuit or county judge, under the provisions of this act and the act to which this is an amendment, for proceedings to inquire into and ascertain the insanity or sanity of any person alleged to be insane, the judge shall order the clerk of the court of which he is judge to issue a writ, requiring the person alleged to be insane to be brought before him, at the time and place appointed for the hearing of the matter, which writ may be directed to the sr eriff or any constable of the county, or the person having the custody or charge of the person alleged to be insane, and shall be executed and returned, and the person alleged to be insane brought before the said judge before any jury is sworn to inquire into the truth of the matters alleged in the petition on which said writ was issued. SEC. 3. Persons with reference to whom proceedings may be instituted for the purpose of deciding the question of sanity or insan- ity, shall have the right to process for witnesses, and to have wit- nesses examined before the jury ; they shall also have the right to employ counsel or any friend to appear in their behalf, so that a fair trial may be had in the premises ; anl no resident of the State shall hereafter be admitted into the hospital for the insane, excfpt upon the order of a court or judge, or of the production of a warrant issued 17 jg H*. ACTION OF ILLINOIS LEGISLATURE. according to the provisions of the act to which this is an amend- ment. SEC. 4. The accounts of said institution shall be so kept and re- ported to the general assembly, as to show the kind, quantity and cost of any articles purchased for use ; and upon quarterly settle- ments with the auditor, a list of the accounts paid shall be filed, and also the original vouchers, as now required. SEC. 5. All former laws conflicting with the provisions of this act are hereby repealed, and this act shall take effect on its passage. Approved February 16, 1865. Two years practice under this law developed its inability to re- move the evils it was designed to remedy. This law, having no penalty to enforce it, was found to be violated in many instances, as it was ascertained to be a fact that Dr. McFarland was constantly receiving patients under the old law of 1851, which this law had nominally repealed. Therefore, a petition was sent to the legislature of 1867, signed by I. N. Arnold, J. Young Scammon, and thirty-six other men of the first legal standing in Chicago, asking for the prac- tical repeal of the old law of 1851, by the enforcement of the new law of 1865. The old law of 1851 is as follows, viz. : " Married women and infants who, in the judgment of the medical superintendent, (meaning the Superintendent of the Illinois State Hospital for the Insane,) are evidently insane or distracted, may be entered or detained in the hospital on the request of the husband- of the woman, or the guardian of the infant, without the evidence of insanity required in other cases." The legislature was led to see that by the practical enforcement of this unjust law, the personal liberty of married women and infants was still imperiled, and also that the law of 1865 did not relieve the wronged and injured victims of this unjust law, now imprisoned at Jacksonville Insane Asylum. Therefore, the legislature of 1867 passed the following " Act for the protection of Personal Liberty." AN ACT for the Protection of Personal Liberty. SECTION 1- Be it enacted by the People of the State of Illinois, represented in the General Assembly: That no superintendent, medi- cal director, agent or other person, having the management, super- vision or control of the Insane Hospital at Jacksonville, or of any ACTION OF ILLINOIS LEGISLATIVE. x g hospital or asylum for insane and distracted persons in this State, fhull receive, detain or keep in custody at such asylum or hospital any person who has not been declared insane or distracted by a ver- dict of a jury and the order of a court, as provided by an act of the general as-embly of this State, approved February 16, 1865. SEO. 2. Any person having charge of, or the management or con-' trol of any hospital for the insane, or of any asylum for the insane in this State, who shall receive, keep or detain any person in such asylum or hospital, against the wishes of such person, without the record or proper certificate of the trial required by the said act of 1865, shall be deemed guilty of a high misdemeanor, and liable to in- dictment, and on conviction be fined not more than one thousand dollars, nor less than five hundred dollars, or imprisoned not exceed- ing one year, nor less than three month 5 *, or both, in the discretion of the court before which such conviction is had : provided, that one half of such fine shall be paid to the informant, and the balance shall go to the benefit of the hospital or asylum in which said person was detained. SEC. 3. Any person now confined in any insane hospital or asylum, and all persons now confined in the hospital for tne insane at Jacksonville, who have not been tried and found insane or dis- tracted by the verdict of a jury, as provided in and contemplated by said act of the general assembly of 1865, shall be permitted to have such trial. All such persons shall be informed by the trustees of said hospital or a'ylum, in their discretion, of the provisions of this act and of the said>act of 1865, and on their request, such persons shall be entitled to such trial within a reasonable time thereafter : provided, that such trial may be had in the county where such per- son is confined or detained, unless such person, his or her friends, shall, within thirty days after any such person may demand a trial under the provisions of said act of 1865, provide for the transporta- tion of such person to, and demand trial in the county where such insane person resided previous to said detention, in which case such trial shall take place in said last mentioned county. SEC. 4. All persons confined as aforesaid, if not found insane or distracted by a trial and the verdict of a jury as above, and in the said act of 186") provided, within two months after the passage of this act, shall be set at liberty and discharged. SEC. 5. It shall be the duty of the State's attorneys for the seve- ral counties to prosecute any suit arising under the provisions of this act. 2Q ACTION OF ILLINOIS LSCHSLATCIIS. SEC. 6. This act shall be deemed a public act, and take effect and be in force from and after its passage. Approved March 5th, 1867. The public will see that, under the humane provisions of this act, all the inmates of 6very insane asylum in the State of Illinois, whe- ther public or private, who have been incarcerated without the ver- dict of a jury that they are insane, are now entitled to a jury trial, and unless this trial is granted them within sixty days from the 5th of March, 1867, they are discharged, and can never be incarcerated again without the verdict of a jury that they are insane. No person can be detained there after sixty days, who has not been declared insane by a jury. It is thus that the barbarities of the law of 1851 are wiped out by this act of legislative justice. Now, all married women and infants who have been imprisoned " without evidence of insanity," as this unjust law allows, and who are still living victims of this cruel law, will now be liberated from their false imprisonment, unless they have become insane by the inhumanity of their confinement. And if it is found by the testimony that they were sane when they were im- prisoned, and that they have become insane by being kept there, is it humane to perpetuate the cause of their insanity, under the pretext that their cure demands it ? Or, in other words, is that kind of treatment which caused their insanity the best adapted to cure their insanity ? This great question, \ho shall be retained as fit subjects for the insane asylum, is now to depend, in all cases, upon the decision of a jury ; and each case must be legally investigated, as the law of 1865 directs. ANOTHER ACT OP LEGISLATIVE JUSTICE APPOINTMENT OF AN INVESTIGATING COMMITTEE. Resolved, the Senate concurring, That a joint committee of three from this House and two from the Senate be appointed to visit the hospital for the insane, after the adjournment of the legislature, at such times as they may deem necessary, with power to send for per- sons and papers, and to examine witnesses on oath ; that said com- mittee be instructed thoroughly to examine and inquire into the finan- cial and sanitary management of said institution ; to ascertain whether ACTION OF ILLINOIS LEGISLATURE. 21 any of the inmates are improperly detained in the hospital, or un- justly placed there, and whether the inmates are humanely and kindly treated, and to confer with the trustees of said hospital in regard to the speedy correction of any abuses found to exist, and to report to the Governor, from time to time, at their discretion. And be it further resolved, That said committee be instructed to examine the financial and general management of the other State institutions. Adopted by the House of Kepresentatives, F. CORWIN, Speaker. Concurred in by the Senate,- WM. BROSS, Speaker. The following gentlemen compose the committee : Hon. E. Bald- win, Farm Ridge, LaSalle county ; Hon. T. B. "Wakeman, Howard, McHenry county; Hon. John B. Ricks, Taylorville, Christian county, on the part of the House of Representatives. Hon. Allen C. Fuller, Belvidere, Boone county ; Hon. A. J. Hunter, Paris, Edgar county, on the part of the Senate.