Marital Power Exemplified in Mrs. Packard's Trial, and Self-Defence from the Charge of Insanity.

by Elizabeth Parsons Ware Packard.

INTRODUCTION.

A brief narrative of the events which occasioned the following Trial seems necessary as an Introduction to it, and are here presented for the kind reader's candid consideration. It was in a Bible-cla.s.s 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-cla.s.s, 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 cla.s.s. The cla.s.s 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 religious 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 circ.u.mstances.

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-cla.s.s,--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 an 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 guests. The trio approached my bed, and each doctor felt my pulse, and without asking a single question both p.r.o.nounced me insane. 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 ask, what lady of refinement and fine and tender sensibilities would not have a quickened pulse by such an untimely, 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 circ.u.mstances. This was the only medical examination I had. This was the only trial of _any kind_ 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 Insane 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 statement, but now _know_ it to be too sadly true; for the Statute of Illinois 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 pa.s.sed 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 depot. 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 appointed for this purpose, amid the silent and almost speechless gaze of a large crowd of citizens who had collected for the purpose of rescuing me from the hands of my persecutors. But they were prevented 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 themselves 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 p.r.o.nounced "hopelessly insane," and in about six weeks from the date of my imprisonment, my husband 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 my foot on the ground after the first four months. At the expiration of three years, 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 responsible for my support for life; if his 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 inst.i.tution, in the following manner: On one of their official visits to the inst.i.tution, I coaxed Dr. McFarland, superintendent of the Asylum, to let me go before them and "fire a few guns at Calvinism," as I expressed myself, that they might know and judge for themselves whether I deserved a life-long imprisonment for indulging such opinions. Dr. McFarland 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 don't care if they are, I am not afraid to defend my opinions even before the Synod itself. I don't 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 position 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 doc.u.ment 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 tasteful a style as my own wardrobe and that of my attendant's would permit. 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, individually, 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 doc.u.ment 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 ruinous to Satan's cause, and do alienate my children from Satanic influences. I teach Christianity, my husband teaches Calvinism. They are antagonistic systems and uphold antagonistic authorities. Christianity upholds G.o.d'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 doc.u.ment was read, without being interrupted, although my time had more than expired. Confident I had secured their interest as well as attention, I ventured to ask if I might be allowed to read another doc.u.ment 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 several cried out: "Let her go on! Let us hear the whole!" This doc.u.ment 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 commenced 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 pa.s.sed, when Mr. Packard was requested to leave the room. The Doctor left also, leaving me alone with the Trustees. These intelligent men at once endorsed my statements, 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 Ma.s.sachusetts, 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 expressed 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 fell in with this suggestion, and I accordingly wrote my great book of seven hundred pages, ent.i.tled "The Great Drama,--An Allegory," the first installment of which is already in print and six thousand copies in circulation. This occupied me nine months, which completed 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 removed 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 absolute 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 communicate to me their decision, which was, that I go home to my children taking their voluntary 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 incarcerated 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, in a few days, into Northampton Insane Asylum for life; as one of these letters from Doctor Prince, Superintendent of that Asylum, a.s.sured me of this fact. Another from his sister, Mrs. Marian Severance, of Ma.s.sachusetts, 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 follow in a train behind, a.s.suring 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, Ma.s.s., 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 pretext 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. Packard 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. McFarland 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 action in the case of Mrs. Packard. It is proper enough to state that I favored her readmission"! Then follows his injunction to Mr.

Packard 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 cla.s.s 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 husbands, or in a change of the laws, or in a thorough ventilation of that inst.i.tution.

Such a ventilation is needed, in order that justice be done to that cla.s.s 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 pa.s.sed my window daily to get water from our pump. One day as he pa.s.sed 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. Haslett, the most efficient friend I knew of in Manteno, wherein I informed her of my imminent danger, and begged of her if it was possible 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; for my conduct and deportment had uniformly been kind, lady-like and Christian; and even to this 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 Kankakee 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 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 Ma.s.sachusetts 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 G.o.d 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, CHARGED BY HER HUSBAND, REV. THEOPHILUS 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.

A FULL REPORT OF THE TRIAL, INCIDENTS, ETC.

BY STEPHEN R. 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 exception of a letter, written by Dr. McFarland, to Rev. Theophilus Packard, which letter was retained by Mr. Packard, and the writer was 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 11th, 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 Presbyterian Church of that place until the past two years.

In the winter of 1859 and 1860, there were differences of opinion between Mr. Packard and Mrs. Packard, upon matters of religion, which resulted in prolonged and vigorous debate in 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, and which soon resulted in open warfare; and her views and propositions were misrepresented and animadverted upon, from the pulpit, and herself made the subject of unjust criticism. In the Bible Cla.s.s 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. Packard was educated in the Calvinistic faith, and for twenty-nine years has 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 his views, possessed of but little talent, and a physiognomy innocent of expression. 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 modesty, 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 belief 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 her married life tended in no wise to diminish this phrenological b.u.mp. 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 Jacksonville. 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 a.s.sistance.

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 total depravity, and that G.o.d has foreordained some to be saved and others to be d.a.m.ned. She stands fully on the platform of man's free agency and accountability to G.o.d for his actions. She believes 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 this sin.

These, in brief, are the points in her religious creed which were combatted by Mr. Packard, and were denominated 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 Cla.s.s, 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 believers, among his family connections.

This case was commenced by filing a pet.i.tion in the words following, to wit:

STATE OF ILLINOIS, } KANKAKEE COUNTY. } _ss._

_To the Honorable_ CHARLES R. STARR, _Judge of the 20th 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 husband, 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 s.p.a.ce 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 wife; and they are advised and believe, that said wife desires to come to Kankakee City, to make application to your Honor for a writ of _habeas corpus_, to liberate herself from said confinement or imprisonment, and that said husband refused and refuses to allow said wife to come to Kankakee City for said purpose; and that these pet.i.tioners make application for a writ of _habeas corpus_ in her behalf, at her request. These pet.i.tioners therefore pray that a writ of _habeas corpus_ may forthwith issue, commanding said Theophilus Packard to produce 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.

ZALMON HANFORD.

J. YOUNGLOVE.