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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 ga»e 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 pagesr 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 g°t 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 t<venty-five years. Her natural disposition is very kind and sweet. Her education is very good ; her morals without a stain or blemish. I first observed a change in her after we came to Manteno. I had a conversation with her, when she talked an hour without interruption ; she talked in a wild, excited manner; the subject was partly religion. She spoke of her own attainments ; she said she had advanced in spiritual affairs. This was two or three years before she went to the Asylum.
The next time was when she was preparing to go to York State. She was weeping and sick. Her trunk was packed and ready to go, but Mr. Packard was sick. From her voice, and the manner she talked, I formed an opinion of her insanity. She talked on various points ; the conversation distressed me very much ; I could not sleep. She was going alone ; we tried to persuade her not to go alone. She accused Mr. Packard very strangely of depriving her of her rights of conscience — that he would not allow her to think for herself on religious questions, because they disagreed on these topics. She made her visit to New York. The first time I met her after her return, her health was much improved ; she appeared much better. In the course of a few weeks, she visited at my house.
At another time, one of the children came up, and wanted me to go down ; I did so. She was very much excited about her son remain- ing at Marshall. She was wild. She thought it was very wrong and tyrannical for Mr. Packard not to permit her son to remain there. She
26 MARITAL POWER EXEMPLIFIED.
/
eaid very many things which seemed unnatural. Her voice, manner and ways, all showed she was insane.
I was there when Mr. Baker came there, to see about Theophilus remaining at Marshall with him. She was calmer than she was the day before. She said that she should spend the day in fasting and prayer. She said he had came in unexpectedly, and they were not prepared to entertain strangers. She was out of bread, and had to make biscuit for dinner. (One gentleman in the crowd turned to hia wife and said, " "Wife, were you ever out of bread, and had to make biscuit for dinner ? I must put you into an Insane Asylum 1 No mistake ! ") I occupied the same room and bed with her. She went to Mr. Packard's room, and when she returned, she said, that* if her son was not permitted to remain at Marshall, it would result in a divorce. She got up several times during the night. She told me how much she enjoyed the family circle. She spoke very highly of Mr. Packard's t kindness to her. She spoke particularly of the tenderness which had / once existed between them. I did not notice anything very remarkable in her conduct toward Mr. Packard, until just before she was sent to the Hospital.
One morning afterward, I went to her house with a lady; we wanted to go in, and were admitted. She seemed much excited. She said, " You regard me insane. I will thank you to leave my room." This was two or three months before she was sent to Jacksonville. Mr. Packard went out. She put her hand on my shoulder, and said she •would thank me to go out too. I went out.
I afterward wanted to take the baby home. One morning I went down to see her, and prepared breakfast for her. She appeared thank- ful, and complimented me on my kindness. She consented for m'e to take the child ; I did so. In a short time, about ten days after, the other children came up, and said, that she wanted to take her own child. I took the child down. . Her appearance was very wild. She was filled with spite toward Mr. Packard. She defied me to take the child again, and said that she would evoke the strong arm of the law to help her keep it.
At another time, at the table, she was talking about religion, when Mr. Packard remonstrated with her ; she became angry, and told him she would talk what and when she had a mind to. She rose up from the table, and took her tea-cup, and left the room in great violence.
Cross-examined. — I am a member of Mr. Packard's church, and am his sister. He and I have often consulted together about Mrs. Packard. Mr Packard was the first to ever suggest that she was insane ; after
TKIAL OF MRS.' PACKARD. 27
that, I would more carefully watch her actions to find out if she was insane. The religious doctrines she advanced were at variance with those entertained by our church. She was a good, neat, thrifty ai:d careful housekeeper. She was economical; kept the children clean and neatly dressed. She was sane on all subjects except religion. I do not think she would have entertained these ideas, if she had not been insane. I do not think she would have wanted to have with- diawn from our church, and unite with another church, if she had not been insane. She said she would worship with the Methodists. They were the only other Protestant denomination that held service at Manteno at the time. I knew when she was taken to Jacksonville Hospital- She was taken away in the morning. She did not want to go; we thought it advisable for her to go.
SARAH RUMSEY, sworn, and says :
Have li ved one week in Mrs. Packard's house. I was present at the interview when Mrs. Packard ordered us to leave the room. Mrs. Packard was very pale and angry. She was in an undress, and her hair was down over her face. It was 1 1 o'clock in the forenoon — I staid at the house ; Mrs. Packard came out to the kitchen. She was dressed then. She said she had come to reveal to me what Mr. Pack- ard was. She talked very rapidly ; she would not talk calm. She said Mr. Packard was an arch deceiver ; that he and the members of his church had made a conspiracy to put her into the Insane Asylum ; she wanted me to leave the conspirators. Soon after dinner she said, " Come with me, I have something to tell you." She said she had a new revelation ; it would soon be here ; and that she had been chosen by God for a particular mission. She said that .all who decided with her, and remained true to her, would be rewarded by the millennium, and if I would side with her, that I would be a chief apostle in the millennium. She wanted to go to Batavia, but that Mr. Packard would give her no money to take her there ; that Mr. Packard called her insane. She started to go out, and Mr. Packard made her return; took her into Mr. Comstock's, and Mr. Comstock made her go home.
I saw her again when Libby had the brain fever. She was disturbed because the family called her insane. She and Libby were crying together; they cried together a long time. This was Tuesday. She would not let me into the room. The next morning while at breakfast Mr. Labrie passed the window and came in. He said that Georgie had been over for him, and said that they were killing his mother. She acted very strangely all the time ; was wild and excited.
28 MARITAL POWER EXEMPLIFIED.
Cross-examined. — Knew Mr. Packard two years before I went '.here to live. He was the pastor of our church. I am a member of the church. I did not attend the Bible class. Brother Dole came to me and said somebody of the church should go there, and stay at the house, and assist in packing her clothes and getting her ready to take off to the Hospital, and stay and take care of the children. I consented to go; I heard that Brother Packard requested Brother Dole to come for me. I never worked out before. They had a French servant, before I went there ; Mr. Packard turned her off when I came, the same day. I did not want to take Mrs. Packard away. I did not think she exhibited any very unusual excitement, when the men came here to take her away. Doctors Merrick and Newkirk were the physicians who came there with Sheriff Burgess. She did not manifest as much excitement, when being taken away, as I would have done, under the same circumstances ; any person would have naturally been opposed to being carried away.
The church had opposed her, in disseminating her ideas in the church ; I was opposed tc*her promulgating her religious ideas in the church ; I thought them wrong, and injurious. . I was present at the Sabbath School when she read the paper to the school; I thought that bore evidence of insanity. It was a refutation of what Mrs. Dixon had written ; I cannot give the contents of the paper now.
I was present when she read a confession of her conduct to the church ; she had had her views changed partially, from a sermon preached upon the subject of the sovereignty and immutability of God. I did not think it strange conduct that she changed her views ; and never said so. This was in the spring before the June when they took her away.
The article she read in the school was by the permission of the school.
I was present when she presented a protest against the church for refusing to let her be heard ; I have only an indistinct recollection of it ; it was a protest because they refused to listen to her.
Mr. Dole was the only person who came to the house when she was taken away, except the men with Burgess.
She said that Mr. Packard had deprived her of the liberty of con- science in charging her to be insane, when she only entertained ideas new to him.
I thought it was an evidence of insanity, because she maintained these ideas. I do not know that many people entertain similar ideas I suppose a good many do not think the Calvinistic doctrine is right , they are not necessarily insane because they think so.
TKIAL OF MRS. PACKARD. 21?
When she found I was going to stay in the house, and that the French servant had been discharged, she ordered me into the kitchen; before that, she had treated me kindly as a visitor.
I thought it was an evidence of insanity for her to order me into the kitchen ; she ought to have known that I was not an ordinary ser- vant. The proper place for the servant is in the kitchen at work, and not in the parlor ; I took the place of the servant girl for a short time.
She wanted the flower beds in the front yard cleaned out, and tried to get Mr. Packard to do it ; he would not do it. She went and put on an old dress and went to work, and cleaned the weeds out, and worked herself into a great heat. It was a warm day ; she staid out until she was almost melted down with the heat.
Question. "What did she do then?
Answer. She went to her room and took a bath, and dressed herself and then lay down exhausted. She did not come down to dinner.
Ques. And did you think that was an evidence of insanity?
Ans. I did — the way it was done.
Ques. "What, would you have done under similar circumstances? •"Would you have set down in the clothes you had worked in ?
Ans. No.
Ques. Probably you would have taken a bath and chang- J your clothes too. And so would any lady, would they not ?
Ans. Yes.
Ques. Then would you call yourself insane ?
Ans. No. But she was angry and excited, and showed ill-will. She was very tidy in her habits ; liked to keep the house clean, and have her yard and flowers look -well. She took oons^uerable pains with these things.
I remained there until she was takwi away; I approved taking fter away ; I deemed her dangerous to the church ; h^r ideas were c-onjrary to the church, and w.ere wrong.
The baby was eighteen monti^s old when she was taken awav. She was very fond of her children, and treated them very kindly. Never saw her misuse them. Nvjver heard that she had misused them. Never heard that she was dangerous to herself or to her family. Never heard that she had threatened or offered to destroy anything or injure any person.
JrooE BABTLETT was next called to the stand.
Am f .-quainted with Mrs. Packard. Had a conversation witli heron religioui :.opics. "We agreed very well in most things. She did not say
SO MARITAL POWER EXEMPLIFIED.
she believed in the transmigration of souls ; she said, some persoiiA had expressed that idea to her, but she did not believe it. It was spoken of lightly. She did not say ever to me, that Mr. Packard's soul would go into an ox. She did not say anything about her being related to the Holy Ghost. I thought then, and said it, that religious subjects were her study, and that she would easily be excited on that subject. I could not see that she was insane. I would go no stronger than to say, that • her mind dwelt on religious subjects. She could not 'be called insane, for thousands of people believe as she does, on religion.
MRS. SYBIL DOLE, recalled.
At the time she got up from the table she went out. She said, ",1 •will have no fellowship with the unfruitful works o( darkness. No ! not so much as to eat with them."
He-cross-examined. — Question. Did you deem that an evidence of insanity ?
Answer. I did.
Ques. She called Mr. Packard the unfruitful works of darkness ?
Ans. I suppose so.
Ques. Did she also include you?
Ans. She might have done so.
Ques. This was about the time that her husband was plotting to kidnap her, was it not ?
Ans. It was just before she was removed to the Asylum.
Ques. He had been charging her with insanity, had he not, at the table ?
Ans. He had.
The prosecution now wished to adjourn the court for ten days, to enable them to get Dr. McFarland, Superintendent of the State Hospital, who, they claimed, would testify that she was insane. Coun- sel stated, he had been telegraphed to come, and a reply was received, that he was in Zanesville, Ohio, and would return in about ten days. They claimed his testimony would be very important. This motion the counsel of Mrs. Packard opposed, as it was an unheard-of proceed- ing to continue a cause after the hearing was commenced, to enable a party to hunt up testimony.
The matter was discussed on each side for a considerable length of time, when the court held that the defense should go on with theii testimony, and after that was heard, then the court would determine about continuing the case to get Dr. McFarland, and perhaps he could
TRIAL OF MRS. PACKARD. 31
be got before the defense was through, and if so, he might le sworn; and held that the defense should go on now.
The counsel of Mrs. Packard withdrew for consultation, and in a brief time returned, and announced to the court that they would submit the case without introducing any testimony, and were willing to submit it without argument. The counsel for Mr. Packard objected to this, and renewed the motion for a continuance ; which the court refused.
The counsel for Mr. Packard then offered to read to the jury a letter from Dr. McFarland, dated in the month of December, 1863, written to Rev. Theophilus Packard ; and also a certificate, under the seal of the State Hospital at Jacksonville, certifying that Mrs. Packard waa discharged from the institution in June, 1863, and was incurably insane, which certificate was signed by Dr. McFarland, the Superin- tendent. To the introduction of this to the jury, the counsel for Mrs. Packard objected, as being incompetent testimony, and debarred the defense of the benefit of a cross-examination. The court permitted the letter and certificate to be read to the jury.
These documents were retained by Rev. Theophilus Packard, and the reporter has been unable to obtain copies of them. The letter is dated in December, 1863, at the State Hospital, Jacksonville, Illinois, and written to Rev. Theophilus Packard, wherein Dr. McFarland writes him that Mrs. Packard is hopelessly insane, and that no possible good could result by having her returned to the Hospital ; that the officers of the institution had done everything in their power to effect a cure, and were satisfied she could not be cured, and refused to receive her into the institution.
The certificate, under the seal of the Hospital, was a statement, dated in. June, 1863, at Jacksonville, Illinois, setting forth the tune (three years) that Mrs. Packard had been under treatment, and that she had been discharged, as beyond a possibility of being cured.
The above is the import of these documents, which the reporter regrets he cannot lay before the public in fuL
The prosecution now announced that they closed their case.
DEFENSE.
J. L. SIMINGTON was the first witness called for the defense. Being sworn, he said .
I live in Manteno ; lived there since 1859, early hi the spring. Knew Rev. Mr. Packard and Mrs. Packard. First became acquainted
32 MARITAL PPWER EXEMPLIFIED.
with them in 1858 ; I was then engaged in the ministry of the Metho dist Church. I have practiced medicine eleven years.
I was consulted as a family physician by Mrs. Packard in 1860. Was quite well acquainted with Mrs. Packard, and with the family. Lived fifty or sixty rods from their house. Saw her and the family almost daily. I did not see anything unusual in her, in regard to her mind. I never saw anything I thought insanity with her. So far as I know she was a sane woman. I have seen her since she came from • the Hospital ; have seen nothing since to indicate she was insane My opinion is, she is a sane woman. No cross-examination was made.
Dr. J. D. MANN, sworn, and says :
I live in Manteno ; have lived there nine years. Practiced medi- cine there six years. I am not very ultimately acquainted with either Mr. or Mrs. Packard. Mr. Packard invited me to go to his house to have an interview with Mrs. Packard. I went at his request. He requested me to make a second examination, which I did. There had been a physician there before I went. The last time, he wanted me t» meet Dr. Brown, of this city, there. This was late in November last. He introduced me to Mrs. Packard. I had known her before she was taken to the Hospital, and this was the first time I had seen her since she had returned. I Was there from one to two hours. I then made up my mind, as I had made up my mind from the first interview, that I could find nothing that indicated insanity. I did not go when Dr. Brown was there. Mr. Packard had told me she was insane, and my prejudices were, that she was insane. He wanted a certificate of her insanity, to take East with him. I would not give it
The witness was not cross-examined.
JOSEPH E. LABEIE, sworn, and says:
Have known Mrs. Packard six years; lived fifteen or twenty rods from their house. Knew her in spring of 1860. Saw her nearly every day — sometimes two or three times a day. I belong to the Catholic Church. Have seen her since her return from Jacksonville. I have seen nothing that could make me think her insane. I always said she was a sane woman, and say so yet.
Cross-examined. — I am not a physician. I am not an expert. She might be insane, but no common-sense man could find it out.
Re-examined. — I am a Justice of the Peace, and Notary Public. Mr. Packard requested me to go to his house and take an acknowledg
TRIAL OF MRS. PACKARD. 33
Kent of a deed from her. I went there, and she signed and acknowl- edged the deed! This was within the past two months.
Re-cross-examined. — I was sent for to go to the house in the spring of 18(50. My wife was with me. It was about taking her to Jack- sonville. Mrs. Packard would not come to the room where I was. I etayed there only about twenty minutes.
Have been there since she returned from the Hospital. The door t« her room was locked on the outside. Mr. Packard said, he had made up his mind to let no one into her room.
The counsel for Mrs. Packard offered to read to the jury the follow- ing paper, which had been referred to by the witnesses, as evidence of Mrs. Packard's insanity, and which Deacon Smith refused to hear read. The counsel for Mr. Packard examined the paper, and admitted it was the same paper.
The counsel for Mrs. Packard then requested permission of the court for Mrs. Packard to read it to the jury, which was most strenuously opposed. The court permitted Mrs. Packard to read it to the jury. Mrs. Packard arose, and read in a distinct tone of voice, so that every word was heard all over the court-room.
HOW GODLINESS IS PROFITABLE!.
DEACOS SMITE — A question was proposed to this class, the last Sabbath Brother Dolo taught us, and it was requested that the class consider and report the result of their investigations at a future session. May I now bring it up t The question was tliis :
" Have wo any reason to expect that a Christian farmer, as a Christian, will be any more successful in his farming operations, than an impenitent sinner — and if not, how is it that godlinoss is profitable unto all things ? Or, in other words, docs the motive with which one prosecutes his secular business, other ttnngs being equal, make any difference in the pecuniary results?"
Mrs. Dixon gave it as her opinion, at the time, that the motive did affect the pecuniary results.
Now the practical result to which this conclusion leads, is such as will justify na in our judging of Mrs. Dixon's true moral character, next fall, by her succeat In her farming operations this summer.
My opinion differs from hers on this point ; and my reasons are hero given in .writing, since I deem it necessary for me, under the existing state of feeling toward me, to put into a written form all I have to say, hi the class, to prevent cr.isreprcsentation.
Should I be appropriating an unreasonable share of time, as a pupi). Mr.
9
34 MAKITAL POWER EXEMPLIFIED.
Smith, to occupy four minutes of your time in reading them ? I should like rery muck to read them, that the class may pass their honest criticisms upon them.
AX ANSWER TO THE QUESTION.
I think we have no intelligent reason for believing that the motives with which TTQ prosecute our secular business, have any influence in the pecuniary results.
My reasons are common sense reasons, rather than strictly Bible proofs, viz. : f regard man as existing in three distinct departments of being, viz., hi« physical or animal, his mental or intellectual, his moral or spiritual ; and eaci of these three distinct departments are under the control of laws, peculiar t« ifeelf ; and these different laws do not interchange with, or affect each other' Jepartment.
For instance, a very immoral man may be a very healthy, long -lived man ; for, notwitlistanding he violates the moral department, he may live in conformity tc the physical laws of his animal nature, which secure to him his physical health. A.nd, -on the other hand, a very moral man may suffer greatly from a diseased cody, and be cut off in the very midst of his usefulness by an early death, in Consequence of having violated the physical laws of his animal constitution. But on the moral plane he is the gainer, and the immoral man is the loser.
So our success in business depends upon our conformity to those laws on which success depends — not upon the motives which act only on the moral plane.
On Otis ground, the Christian farmer has no more reason to expect success in his farming operations, than the impenitent sinner. In either case, the founda- tion for success must depend upon the degree of fiddiiy with which the natural laws are applied, which cause the natural result — not upon the motives of the operator ; since these moral acts receive their penalty and reward on an entirely different plane of his being.
Now comes in the question, how then is it true, that ' ' godliness is profitable unto afl tlungs, ' ' if godliness is no guarantee to success in business pursuits ?
I reply, that the profits of godliness cannot mean, simply, pecuniary profits, because this would limit the gain of godliness to this world, alone ; whereas, it is profitable not only for Oiis life, but also for the life to come. Gain and loss, dollars and cents, are not the coins current in the spiritual world.
But happiness and misery are coins which are current in boGi worlds. There- fore, it appears to me, that happiness is the profit attendant upon godliness, and for this reason, a practically godly person, who lives in conformity to all the various laws of his entire being, may expect to secure to himself, as a natural result, a greater amount of happiness than the ungodly person.
So that, in this sense, l ' Godliness is profitable unto all things," to every department of our being.
MAXTEXO, Mwish 22, 1860. E. P W. PACKARD.
TRIAL OF MRS. PACKARD. 35
Mrs. Packard then stated that the above was presented to the class, the 15th day of tho following April, and was rejected by the teacner Deacon Smith, on the ground of its being irrelevant to the subject, since she had not confined herself to the' Bible alone for proof of uer position.
As she took her seat, a murmur of applause arose from every par*, of the room, which was promptly suppressed by the sheriff.
DANIEL BEEDY, sworn, and says:
I live in Manteno. Have known Mrs. Packard six years ; knew her in the spring of I860. I lived a mile and a half from them. Have seen her very frequently since her return from Jacksonville. Had many conversations with her before she was taken away, and since uer return. She always appeared to me like a sane woman. I heard sbe was insane, and my wife and I went to satisfy ourselves. I went there soon after the difficulties in the Bible class.
She is not insane. We talked about religion, politics, and various matters, such as a grey-haired old farmer could talk about, and I saw nothing insane about her.
Mr. BLESSING, sworn, aud says :
I live in Manteno ; have known Mrs. Packard six years ; knew her in the spring of 1860 ; lived eighty rods from their house. She visited at my. house. I have seen her at church. She attended the Methodist church for a while after the difficulties commenced, and then I saw her every Sunday. I never thought her insane.
After the word was given out by her husband that she was insane, she claimed my particular protection, and wanted me to obtain a trial for her by the laws of the land, and such an investigation she said she was willing to stand by. She claimed Mr. Packard was insane, if .any one was. She begged for a trial. I did not then do anything, because I did not like to interfere between man and wife. I never saw anything that indicated insanity. She was always rational Had conversations with her since her return. She first came to my house. She claimed a right to live with her family. She considered herself more capable of taking car-e of her family than any otbt" person.
I saw her at Jacksonville. I took Dr. Shirley with me to test L« insanity. Dr. Shirley told me she was not insane
Cross-examination waived.
36 MARITAL POWER EXEMPLIFIED.
Mrs. BLESSING, sworn, and says :
Have known Mrs. Packard seven years; knew her in 1860. Lived near tnem ; we visited each other as neighbors. She first came to our house waen she returned from Jacksonville. I did not see anything that indicated that she was insane. I saw her at Jacksonville. She had the keys, and showed me around. I heard the conversation there with LT. Shirley ; they talked about religion ; did not think she talked unnatural. When I first went in, she was at work on a dress for Dr. MeFarland's wife. I saw her after she returned home last fall, quite often, until she was locked in' her room. On Monday after she got home, L called on her ; she was at work ; she was cleaning up the feather t>eds ; 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><wed the court, that she be discharged. Thereuoon th- o>-d»Te<J ti»* clerk to enter the Allowing order :
TRIAL OF MRS. PACKARD. T . 39
STATE OF ILLINOIS, )
KANKAKEE COUNTY, f '
It is hereby ordered that Mrs. Elizabeth P. "W. Packard be relieved from all restraint incompatible with her condition as a sane woman.
C. R. STARR, Judge of the 10th Judicial Circuit of the State of Illinois
January 18, 1864.
Thus ended the trial of this remarkable case. During each day of the proceedings the court-room was crowded to excess by an anxious audience of ladies and gentlemen, who are seldom in our courts. The verdict of the jury was received with applause, and hosts of friends crowded upon Mrs. Packard to congratulate her upon her release.
During the past two months, Mr. Packard had locked her up in her own house, fastened the windows outside, and carried the key to the door, and made her a close prisoner. He was maturing a plan to immure her in an Asylum in Massachusetts, and for that purpose was ready to start on the Thursday before the writ was sued out, when his plan was disclosed to Mrs. Packard by a letter he accidentally dropped in her room, written by his sister in Massachusetts, telling him the route he should take, and that a carriage would be ready at the station to put her in and convey her to the Asylum.
Vigorous action became necessary, and she communicated this start- lin* intelligence through her window to some ladies who had come
o o o
to see her, and were refused admission into the house.
On Monday morning, and before the defense had rested their case, Mr. Packard left the State, bag and baggage, for parts unknown, having first mortgaged his property for all it is worth to his sister and other parties.
We cannot do better than close this report with the following edito- rial from the Kankakee Gazette, of January 21, 1864:
MRS. PACKARD,
The case of this lady, which has attracted so much attention and excited so much interest for ten days past, was decided on Monday evening last, and resulted, as almost every person thought it must, in a complete vindication of her sanity. The jury retired on Monday evening, after nearing the arguments of the counsel : and after a brief con sultation, they brought in a verdict that MIT. Packard is a sane woman.
40 * MARITAL PO-\V::R EXEMPLIFIED.
Tims has resulted an investigation which Mrs. Packard has long and always desired should be had, but which her cruel husband has ever sternly refused her. She has always asked and earnestly pleaded for a jury trial of her case, but her relentless persecutor has ever turned a deaf ear to her entreaties, and flagrantly violated all the dictates of justice and humanity.
She has suffered the alienation of friends and relatives ; the shock of a kidnapping by her husband and his posse when forcibly removed to the Asylum; has endured three years incarceration in that Asylum — upon the general treatment in which there is severe comment in the State, and which hi her special case was aggravatingly unpleasant and ill-favored ; returning to her home she found her husband's saintly blood still congealed, a winter of perpetual frown on his face, and the sad doii monotony of " insane, insane," escaping his lips in all his com- munications to and concerning her ; her young family, the youngest of the four at home being less than four years of age, these children — over whose slumbers she had watched, and whose wailings she had hushed with all a mother's care and tenderness — had been taught to look upon her as insane, and they were not to respect the counsels or heed the voice of a maniac just loosed from the Asylum, doom scaled by official certificates.
Soon her aberration of mind led her to seek some of her better clothing carefully kept from her by her husband, which very woman- like act was seized by him as an excuse for confining her in her room, *nd depriving her of her apparel, and excluding her lady friends. Believing that he was about to again forcibly take her to an asylum, four responsible citizens of that village made affidavit of facts which caused the investigation as to her sanity or insanity. During the whole of the trial she was present, and counseled with her attorneys in the management of the case.
Notwithstanding the severe treatment she has received for nearly four years past, the outrages she has suffered, the wrong to her nature *he has endured, she deported herself during the trial as one who is not only not insane, but as one possessing intellectual endowments of a high order, and an equipoise and control of mind far above the majority of human kind. Let the sapient Dr. Brown, who gave a certificate of insanity after a short conversation with her, and which certificate was to be used in aid of her incarceration for life — suffer as she has Buffered, endure what she has endured, and the world would be deprived of future clinical revealings from his gigantic m'nd upon the subject of the spleen, and he would, to a still greater extent than in the past,
TRIAL OF MRS. PACKARD. 41
"fail to illuminate" the public as to the virtues and glories of the martyr who is "watching and waiting" in Canada.
The heroic motto: "suffer and be strong," is fairly illustrated in her case. While many would have opposed force to his force, displayed frantic emotions of displeasure at such treatment, or sat convulsed and " maddened with the passion of her part, ' sne meekly submitted to the tortures of her bigoted tormentor, trusting and believing in God's Providence the hour of her vindication and her release from thraldom would come. And now the fruit of her suffering and persecution ha.- all the autumn glory of perfection
11 One who walked
From the throne's splendor to the bloody blocs, Said: ' This completes my glory' with a srniie "Which still illuminates men's thoughts of her.'
Feeling the accusations of his guilty conscience, seeing the meshea of the net with which he had kept her surrounded were broken, and a storm-cloud of indignation about to break over his head in pitiless fury, the intolerant Packard, after encumbering their property with trust-deeds, and despoiling her of her furniture and clothing, left the country. Let him wander ! with the mark of infamy upon his brow, through far-off States, where distance and obscurity may diminish till the grave shall cover the wrongs it cannot heal.
It is to be hoped Mrs. Packard will make immediate application for a divorce, and thereby relieve herself of a repetition of the wrongs and outrages she has suffered by him who for the past four years has only used the marriage relation to persecute and torment her in a mere«esi vnd unfeeling manner.
NARRATIVE OF EVENTS— CONTINUED.
WHEN this Trial terminated, I returned to my home in Manteno, where five days previous I had bestowed the parting kiss upon my three youngest children, little thinking it would be the last embrace I should be allowed to bestow upon these dear objects of my warmest affections. But alas ! so it proved to be. Mr. Packard had fled with them to Massachusetts, leaving me in the court room a childless widow. He could not but see that the tide of popular indignation was concentrating against him, as the revelations of the court venti- lated the dreadful facts of this conspiracy, and he " fled his country," a fugitive from justice. He, however, left a letter for me which was handed me before I left the Court-house, wherein he stated that he had moved to Massachusetts, and extended to me an invitation to fol- low him, with the promise that he would provide me a suitable home. But I did not feel much like trusting either to his humanity or judgment in providingme another home. Indeed, I did not think it safe to follow him, knowing that Massachusetts' laws gave him the absolute custody of my person as well as Illinois' laws. He went to South Deerfield, Massachusetts, and sought shelter for himself and his children in the family of his sister, Mrs. Severance, one of his co-conspirators. Here he found willing ears to credit his tale of abuses he had suffered in this interference of his rights to do as he pleased with his lawful wife — and in representing the trial as a " mock trial," an illegal in- terference with his rights as head of his own- household, and a " mob triumph," — and in short, he was an innocent victim of a persecution against his legally constituted rights as a husband, to protect his wife ii\ the way his own feelings of bigotry and intolerance should dictate !
This was the region of his nativity and former pastorate, Avhich he had left about eleven years previously, with an unblemished external character, and sharing, to an uncommon degree, the entire confidence of the public as a Cliristian man and a minister. Nothing had oc-
NARRATIVE OF EVENTS. 43
cnrml. to their knowledge, to disturb this confidence in his present in- tegrity as an honest reporter, and the entire community credited his testimony as perfectly reliable, in his entire misrepresentations of the facts in the case, and the character of the trial. His view was, the only view the community were allowed to hear, so far as it was in his power to prevent it. The press also lent him its aid, as his organ of communication. He met also his old associates in the min- istry, and by his artfully arranged web of lies, and his cunning soph- istries, he deluded them also into a belief of his views, sp that they, unanimously, gave him their certificate of confidence and fraternal sympathy. Yea, even my own father and brothers became victims t also of his sophisms and misrepresentations, so that they honestly be- • lieved me to be insane, and that the Westerners had really interfered with Mr. Packard's rights and kind intents towards his wife, in inter- cepting as they had, his plans to keep her incarcerated for life.
Thus this one-sided view of the facts in the case so moulded public sentiment in this conservative part of New England, that he even ob- tained a certificate from my own dear father, a retired orthodox cler- j gyman in Sunderland, Massachusetts, that, so far as he knew, he had I treated his daughter generally with propriety ! ! This certificate served as a passport to the confidence of Sunderland people in Mr. Packard as a man and a minister, and procured for him a call to be- come their minister in holy things. He was accordingly hired, a* stated supply, and paid fifteen dollars a Sabbath for one year and a half, and was boarded by my father in his family, part of the time, free of charge.
The condition in which Mr. Packard left me I will now give • in the language of another, by inserting here a quotation from | one of the many Chicago papers which published an account of this trial with editorial remarks accompanying it. The following is a part of one of these Editorial Articles, which appeared under the caption : —
"A HEARTLESS CLERGYMAN."
Chicago, March 6, 1864.
" We recently gave an extended account of the melancholy case of Mrs. Packard, of Manteno, 111., and showed how she was persecuted by her husband, Rev. Theophilus Packard, a bigoted Presbyterian minister of Manteno. Mrs. Packard became liberal in her views, in fact, avowed Universalist sentiments ; and as her husband was unable to answer her arguments, he thought he could silence her tongue, by calling her insane,
44 MAIUTAL POWER EXEMPLIFIED.
and having her incarcerated in the Insane Asylum at Jacksonville, Illinois. He finally succeeded in finding one or two orthodox physi- cians, as bigoted as himself, ready to aid him in his nefarious work, and she was confined in the asylum, under the charge (?) of Dr. Me Farland, who kept her there three years. She at last succeeded in having a jury trial, and was pronounced sane. Previous, however, to the termination of the trial, this persecutor of his wife, mortgaged his property, took away his children from the mother, and left her penniless and homeless, without a cent to buy food, or a place where to lay her head ! And yet he pretended to be,lieve that she was insane-! Is this the way to treat an insane wife ! Abandon her, turn her out upon the world without a morsel of bread, and no home ? Her husband calls her insane. Before the case is decided by the jury, he starts for parts unknown. Was there ever such a case of heartlessness ? If Mr. Packard believed his wife to be hopelessly insane, why did he abandon her ? Is this the way to treat a compan- ion afflicted with insanity ? If he believed his own story, he should, like a devoted husband, have watched over her with tenderness, his heart full of love should have gone out towards the poor, afflicted wo- man, and he should have bent over her and soothed her, and spent the last penny he had, for her recovery ! But instead of this, he gathers in his funds, " packs up his duds," and leaves his poor, insane wife, as he calls her, in the court room, without food or shelter. He abandons tier, leaving her penniless, homeless and childless !
" Mrs. Packard is now residing with Mr. Z. Handford, of Manteno, who writes to the Kankakee Gazette as follows :
" In the first place, Mrs. Packard is now penniless. After having aided her husband for twenty-one years, by her most indefatigable exertions, to secure for themselves a home, with all its clustering comforts, he, with no cause, except a difference in religious opinions, exiled her from her home, by forcing her into Jacksonville Insane Asylum, where he hoped to immure her for life, or until she would abandon what lie calls her ' insane notions.'
"But in the overruling providence of a just God, her case has been ventilated, at last, by a jury trial, the account of which is already before the public.
"From the time of her banishment into exile, now more than three and a half years, he has not allowed her the control of one dollar of their personal property. And she has had nothing to do with their real estate, within that time, excepting to sign one deed
NARRATIVE OP EVENTS. 45
for the transfer of some of their real estate in Mount Pleasant, t Iowa, which she did at her husband's earnest solicitations, and his \ promise to let her have her ' defense,' long enough to copy, which document he had robbed her of three years before, by means of Dr. McFarland as agent. Her signature, thus obtained, was acknowl- edged as a valid act, and the deed was presented to the purchaser as a valid instrument, even after Mr. Packard had just before taken an oath that his wife was an insane woman !
"He has robbed her of all her patrimony, including not only her furniture, but her valuable clothing also, and a note of six hundred dollars on interest, which he gave her seven years before, as an equiva- lent for this amount of patrimony which her father, Rev. Samuel Ware, of Sunderland, Massachusetts, sent Mrs. Packard for her special benefit, and to be used for her and her children as her own judgment should dictate. He has taken her furniture and clothing, or the avails of them, with him to Massachusetts, without allowing her a single article of furniture for her own individual comfort and use. Thus he has left her without a single penny of their common property to pro- cure for herself the necessaries of life. , .*,;«'...
" He has left her homeless. Before the court closed, Mr. Packard t left this scene of revelations, and mortgaged and rented their home in Manteno, and dispossessed it by night of its furniture, so that when the court closed, Mrs. Packard had no sort of home to return to, the new renter having claimed possession of her home, and claiming a legal right to all its privileges, excluding her from its use entirely as a home, without leaving her the least legal claim to any of the avails of the rent or sales for the supply of her present necessities.
" Again, she is childless. Her cruel husband, not satisfied with robbing his wife of all her rightful property, has actually kidnapped | all her dear children who lived at home, taking them with him, clan- destinely, to Massachusetts, leaving her a ' childless widow,' entirely dependent for her living, either upon her own exertions, or the char- ities of the public. We will not attempt to describe the desolation of her maternal heart, when she returned to her deserted home, to find it despoiled of all her dearest earthly treasures ; with no sweet cherub, with its smi-ling, joyous face to extend to her the happy, wel- come kiss of a mother's return.
" But one short week previous, Mrs, Packard had bestowed the parting kiss upon her three youngest children, little dreaming it would be the last embrace the mother would ever be allowed to be-
46 MARITAL POAVEU EXEMPLIFIED.
stow upon her dear offspring, in their own dear home. But now, alas! where is her only daughter, Elizabeth, of thirteen years, and her George Hastings, of ten years, and her darling baby, Arthur Dwight, of five years ? Gone ! gone ! never to return, while the mandate of their father's iron will usurps supreme control of this household !
"Yes, the mother's home and heart are both desolate, for her heart-' treasures — her dear children — are no more to be found. At length, rumor reaches her that her babe, Arthur, is at their brother Dole's. The anxious mother hastens to seek for it there. But all in vain. The family, faithful to their brother's wishes, keep the babe carefully hid from the mother, so that she cannot p,et even one glimpse of her sweet, darling boy. Her cruel husbanJ, fearing her attempts to se- cure the child might prove successful, has sent for it to be brought to him in Massachusetts, where he now is fairly out of the mother's reach.'" Z. HAXFORD.
I made various attempts to recover my furniture, which I found was stored at Deacon Doles' house, a brother-in-law of Mr. Packard's, under the pretense, that he had bought it, although he could never show one paper as proof of property transferred. I took counsel of the Judge and lawyers j'.t Kankakee, to see if I could in any way recover my stolen furniture, which I had bought with my own patri- mony. " Can I rcplevy it as stolen property ?" said I. "No," said my advisers, " you cannot replevy anything, for you are a married wo- man, and a married woman has no legal existence, unless she holds property independent of her husband. As this is not your case, you are nothing and nobody in law. Your husband has a legal right to all your common property — you have not even a right to the hat on your head ! " " Why ? " said I, " I have bought and' paid for it with my own money." " That is of no consequence — you can hold noth- ing, as you are nothing and nobody in law ! You have a moral right to your own things, and your own children, but no legal right at all ; therefore you, a married woman, cannot replevy, although any one else could under like circumstances." " Is this so ? Has a married woman no identity in Statute Book of Illinois ? " " It is so. Her interests are all lost in those of her husband, and he has the absolute control of her home, her property, her children, and her personal liberty."
Yes, all this is but too true, as my own sad experience fully de-
NARRATIVE OF EVENTS. . 47
monstrates. Now I can realize the sad truths so often iterated, reite- rated to me by my husband, namely : " You have no riylit tc your home, I have let you live with me twenty-one years in my home as a favor to you. You have no right to your children. I let you train them, as far as I think it is proper to trust your judgment — this priv- ilege of training and educating your own children is a favor bestowed upon you by me, which I can withold or grant at my own option. You have no right to your money patrimony after you intrusted it to my care, and I gave you a note for it on interest which I can either pay you or not at my own option. You have no right to. your personal liberty if I feel disposed to christen your opinions insane opinions, for I can then treat you as an insane person or not, just at my own op- tion." Yes, Mr. Packard has only treated me as he said the laws of Illinois allowed him to do, and how can he be blamed then ? Did not " wise men " make the laws, as he often used to assert they did ? And can one be prosecuted for doing a legal act ? Nay — verily — no law can reach him ; even his kidnapping me as he did is legalized in Illinois Statute Book, as the following article which was published in several Boston papers in the winter of 1865, demonstrates, namely;
"LEGAL KIDNAPPING," OR PROVISION FOR A SANE PERSON'S IM- PRISONMENT.
" From the ' Disclosures ' of Mrs. Packard's book, it appears a self-evident fact that one State of our Union has an express provision for the imprisonment of married women who are not insane. And this process of legal kidnapping is most strikingly illustrated in the facts developed in Mrs. Packard's own experience, as delineated in her book entitled ' The Great Drama.'
" The following is a copy of the Law, as it now stands on the Illi- nois Statute Book : —
"AMENDATORY ACT." "Session Laws 15, 1851. Page 96."
" SEC. 10. 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 dis- tracted, may be entered or detained in the Hospital on the request of the husband, or the woman or guardian of the infants, without the evidence of insanity required in other cases."
48 MARITAL POWER EXEMPLIFIED.
" Hon. S. S. Jones of St. Charles, Illinois, thus remarks upon this Act : —
" Thus we see a corrupt husband, with money enough to corrupt a Superintendent, can get rid of a wife as effectually as was ever done in a more barbarous age. The Superintendent may be corrupted either with money or influence, that he thinks will give him position, place, or emoluments. Is not this a pretty statute to be incorporated into our laws no more than thirteen years ago ? Why not confine the husband at the instance of the wife, as well as the wife at the in- stance of the husband? The wife evidently had no voice in making the law.
" Who, being a man, and seeing this section in the Statute Book of Illinois, under the general head of ' Charities,' does not blush and hang his head for very shame at legislative perversion of so holy a term ? I have no doubt, if the truth of the matter were known, this act was passed at the special instance of the Superintendent. A de- sire for power. I do not know why it has not been noted by me and others before."
" And we would also venture to inquire, what is the married wo- man's' protection under such a Statute law? Is she not allowed counter testimony from a physician of her own choice, or can she not demand a trial of some kind, to show whether the charge of insanity brought against her is true or false ? Nay, verily. The Statute ex- pressly states that the judgment of the medical Superintendent, to whom the husband's request is made, is all that is required for him to incarcerate his wife for any indefinite period of time. Neither she, her children, nor her relatives have any voice at all in the mat- ter. Her imprisonment may be life-long, for anything she or her friends can do for her to prevent it. If the husband has money or influence enough to corrupt the officials, he can carrv out his single wishes concerning his wife's life-destiny.
" Are not the ' Divorce Laws ' of Illinois made a necessity, o meet the demands of the wife,* as her only refuge from this exposure to a ' false imprisonment ' for life in an Insane Asylum ?
" We hope our readers will be able to read Mrs. Packard's book for themselves ; especially her ' Self-defence from the charge of In- sanity,' wherein the barbarities of this statute are made to appear in their true light, as being merely a provision for ' Legal Kidnapping.' ''
BOSTON, Feb. 24, 18G5.
NARRATIVE OF EVENTS. 49
Satisfied as I was that there was no legal redress for me in the laws, and no hope in appealing to Mr. Packard's mercy or manliness, I determined to do what I could to obtain a self-reliant position, by securing if possible the protection of greenbacks, confident that this kind of protection is better than none at all. I concluded, therefore, to publish the first installment of " The Great Drama," an allegorical book I wrote while in the Asylum, consisting of twelve parts. But how could this be done in my penniless condition ? was the great question to be practically settled. I accordingly borrowed ten dollars of Mr. Z. Hanford, of Manteno, a noble, kind hearted man, who offered me a home at his house after the trial, and went to Chicago to consult the printers in reference to the expense of printing one thous- and copies of this book, and get it stereotyped. I found it would cost me five hundred dollars. I then procured a few thousand tickets on which was printed — " The bearer is entitled to the first volume of Mrs. Packard's book, entitled the Great Drama. None are genuine without my signature. Mrs. E. P. W. Packard." And commenced canvassing for my unborn book, by selling these tickets for fifty cents each, assuring the purchaser I would redeem the ticket in three month's time, by giving them a book worth fifty cents. When I had sold about eight or nine hundred tickets, I went to Chicago to set my printers and stereotypers, engravers and binders, at work on my book. But I now met with a new and unlocked for difficulty, in the sudden inflation of prices in labor and material. My book could not now be printed for less than seven hundred dollars ; so that my first edition would not pay for itself into two hundred dollars. As the case now was, instead of paying for my book by selling one thousand tickets, I must sell fourteen hundred, besides superintending the various work- men on the different departments of my book. Nothing daunted by this reverse, instead of raising the price of my tickets to seventy-five cents to meet this unfortunate turn in my finances, I found I must fall back upon the only sure guarantee of success, namely : patient perseverance. By the practical use of this great backbone of success, perseverance, I did finally succeed in printing my book, and paying the whole seven hundred dollars for it in three months' time, by sell- ing four hundred tickets in advance on another edition. I sold and prin'ed, and then printed and sold, and so on, until I have printed and sold in all, twelve thousand books in fifteen months' time. In- cluded in this twelve thousand are several editions of smaller pam- phlets, varying in price from five to twenty-five cents each. 4
50 MARITAL POWER EXEMPLIFIED.
f
INTERVIEW WITH MAYOR SHERMAN.
At this stage of my Narrative it may not be inappropriate to nar- rate my interview with Mayor Sherman, of Chicago, since it not only discloses one of the dangers and the difficulties I had to encounter, in prosecuting my enterprise, but also serves as another exemplification of that marital power which is legally guaranteed to the husband, leaving the wife utterly helpless, and legally defenceless.
I called upon him at his office in the court house, and was received with respectful, manly courtesy. After introducing myself as the Mrs. Packard whose case had recently acquired so much notoriety through the Chicago press, and after briefly recapitulating the main facts of the persecution, I said to him :
" Now, Mr. Sherman, as the Mayor of this city, I appeal to you for protection, while printing my book in your city. Will you pro- tect me here?"
" Why, Mrs. Packard, what protection do you need ? What dan- gers do you apprehend ? "
" Sir, I am a married woman, and- my husband is my persecutor, therefore I have no legal protection. The husband is, you probably know, the wife's only protector in the law, therefore, what I want now, Sir, is protection against my protector ! "
" Is he in this city ? "
" No, Sir ; but his agents are, and he can delegate his power to them, and authorize them what to do."
" What do you fear he will do?"
" I fear he may intercept the publication of my book ; for you probably know, Sir, he can come either himself, or by proxy, and, with his Sheriff, can demand my mannscript of my printer, and the printer, nor you, Sir, have no legal power to defend it. He can demand it, and burn it, and I am helpless in legal self-de- fense. For, Sir, my identity was legally lost in his, when I married him, leaving me nothing and nobody in law ; and besides, all I have is his in law, and of course no one can prosecute him for taking his own things — my manuscript is his, and entirely at his disposal. I have no right in law even to my own thoughts, either spoken or written — he has even claimed the right to superintend my written thoughts as well as post office rights. I can not claim these rights — they are mine only as he grants me them as his gifts to me."
" What does your printer say about it ? "
NARRATIVE OF EVENTS. 51
" He says if the Sheriff comes to him for the book he shall tell him he must get the book where he can find it ; /shall not find it for him. I then said to my printer, supposing he should come with money, and offer to buy the manuscript, what then ? " "I say, it will take more money than there is in Chicago to buy that manu- script of us," replied my printer.
" I think that sounds like protection, Mrs. Packard. I think you have nothing to fear."
" No, Mr. Sherman, I have nothing to fear from the manliness of my printer, for this is my sole and only protection — but as one man to whom I trusted even myself, has proved a traitor to his manli- ness, is there not a possibility another may. I should not object to a double guard, since the single guard of manliness has not even protected me from imprisonment."
" Well, Mrs. Packard, you shall have my protection ; and I can also assure you the protection of my counsel, also. If you get into trouble, apply to us, and we will give you all the help the laws will allow."
" I beg you to consider, Sir,' the laws do not allow you to interfere in such a matter. Are you authorized to stop a man from doing a legal act ? "
"No, Mrs. Packard, I am not. I see you are without any legal protection. Still I think you are safe in Chicago."
" 1 hope it may so prove, Sir. But one thing more I wish your advice about ; how can I keep the money I get for my book from Mr. Packard, the legal owner of it?"
" Keep it about your person, so he can't get it." " But, Sir ; Mr. Packard has a right to my person in law, and can take it anywhere, and put it where he pleases ; and if he can get my person, he can take what is on it."
"That's so — you are in a bad case, truly — I must say, I never be- fore knew that any one under our government was so utterly defence- less as you are. Your case ought to be known. Every soldier in our army ought to have one of your books, so as to have our laws changed.'*
Soldiers of our army ! receive this tacit compliment from Mayor Sherman. You are henceforth to hold the reins of the American Government. And it is my candid opinion, they could not be in bet- ter or safer hands. And in your hands would I most confidently trust my sacred cause — the cause of Married Woman; for, so far as
i)'2 MARITAL POWER EXEMPLIFIED.
my observation extends, no class of American citizens are more manly, than our soldiers. I am inclined to cherish the idea, that gal- lantry and patriotism are identified ; at least, I find they are almost always associated together in the same manly heart.
When I had sold about half of my twelve thousand books, I resolved to visit my relatives in Massachusetts, who had not seen me for about twelve years. I felt assured that my dear father, and brothers, and my kind step-mother, were all looking at the facts of my persecution from a wrong stand-point ; and I determined to risk my exposure to Mr. Packard's persecuting power again, so far as to let my relatives see me once for themselves ; hoping thus the scales might drop from their eyes, so far at least as to protect me from another kidnapping from Mr. Packard
I arrived first at my brother Austin Ware's house in South Deer- field, who lives about two miles from Mr. Severance, where were my three youngest children, and where Mr. Packard spent one day of each week. I spent two nights with him and his new wife, who both gave me a very kind and patient hearing ; and the result was, their eyes were opened to see their error in believing me to be an insane person, and expressed their decided condemnation of the course Mr. Packard had pursued towards me. Brother became at once my gallant and manly protector, and the defender of my rights. " Sister," said he, " you have a right to see your children, and you shall see them. I will send for them to-day." He accordingly sent a team for them twice, but was twice refused by Mr. Packard, who had heard of my arrival. Still, he assured me I should see them in due time. He carried me over to Sunderland, about four miles dis- tant, to my father's house, promising me I should meet my dear children there ; feeling confident that my father's request joined with his own, would induce Mr. Packard to let me see once more my own dear offspring. As he expected, my father at once espoused my cau.-e, and assured me I should see my children; " for," added he, " Mr. Packard knows it will not do for him to refuse me." He then directed brother to go directly for them himself, and say to Mr. Packard : " Elizabeth's father requests him to let the children have an interview with their mother at his house." But, instead of the children, came a letter from brother, saying, that Mr. Packard has refused, in the most decided terms, to let sister see her own children; or, to use his own language, he said, " I came from Illinois to Massa- chusets to protect the children from their mother, and I shall do it, in
NARATIVE OF EVENTS. 53
spite of you, or father Ware, or any one else ! " Brother add?, " the mystery of this dark case is now solved, in my mind, completely. Mr. Packard is a monomaniac on this subject ; there is no more rea- son in his treatment of sister, than in a brute."
These facts of his refusal to let me see my children, were soon in cir- culation in the two adjacent villages of Sunderland and South Deerfield, and a strongly indignant feeling was manifested against Mr. Packard's defiant and unreasonable position ; and he, becoming aware of the dan- ger to his interests which a conflict with this tide of public sentiment might occasion, seemed forced, by this pressure of public opinion, to suc- cumb ; for, on the following Monday morning, (this was on Saturday, P. M.,) he brought all of my three children to my father's house, with him- self and Mrs. Severance, as their body-guard, and with both as my wit- nesses, I was allowed to talk with them an hour or two. He refused me an interview with them alone in my room.
I remained at my father's house a few days only, knewing that even in Massachusetts the laws did not protect me from another sim- ilar outrage, if Mr. Packard could procure the certificate of two phy- sicians that I was insane ; for, with these alone, without any chance at self-defense, he could force me into some of the Private Asylums here, as he did into a State Asylum in Illinois.
I knew that, as I was Mr. Packard's wife, neither my brother nor father could be my legal protectors in such an event, as they could command no influence in my defense, except that of public sentiment or mob-law. I therefore felt forced to leave my father's house in self-defence, to seek some protection of the Legislature of Massachu- setts, by petitioning them for a change in their laws on the mode of commitment into Insane Asylums. As a preparatory step, I en- deavored to get up an agitation on the subject, by printing and sell- ing about six thousand books relative to the subject ; and then, trust- ing to this enlightened public sentiment to back up the movement, I petitioned Massachusetts Legislature to make the needed change in the laws. Hon. S. E. Sewall, of Boston, drafted the Petition, and I circulated it, and obtained between one and two hundred names of men of the first standing and influence in Boston, such as the Alder- men, the Common Council, the High Sheriff, and several other City Officers; and besides, Judges, Lawyers, Editors, Bank Directors, Physicians, &c. Mr. Sewall presented this petition to the Legisla- ture, and they referred it to a committee, and this committee had seven special meetings on the subject. I was invited to meet with
54 MARITAL POWER EXEMPLIFIED.
thorn each time, and did so, as were also Mrs. Phelps and Mrs. Denny, two ladies of Boston who had suffered a term of false impris- onment in a private institution at Sommersville, without any previous trial. Hon. S. E. Sewall and Mr. Wendell Phillips both made a plea in its behalf before this committee, and the gallantry and manliness of this committee allowed me a hearing of several hour's time in all, besides allowing me to present the two following Bills, which they afterwards requested a copy of in writing. The three Superintendents, Dr. Walker, Dr. Jarvis, and Dr. Tyler, represented the opposition. And my reply to Dr. Walker constituted the preamble to my bills.
MRS. PACKARD'S BILLS.
PREAMBLE.
Gentlemen of the Committee :
I feel it my duty to say one word in defence of the Petitioners, in reply to Dr. Walker's statement, that, "in his opinion, nineteen twentieths of the petitioners did not know nor care what they peti- tioned for, and that they signed it out of compliment to the lady."
I differ from Dr. Walker in opinion on this point, for this reason. I obtained these names by my own individual appeals, except from most of the members of the " Common Council," who signed it during an evening session, by its being passed around for their names. I witnessed their signing, and saw them read it, carefully, before sign- ing it. And I think they signed it intelligently, and from a desire for safer legislation. The others I know signed intelligently, and for this reason. And I could easily have got one thousand more names, had it been necessary ; for, in gelling my books, I have conversed with many thousand men on this subject, and among them all, I have only found one man who defends the present mode of commitment, by leaving it all to the physicians.
I spent a day in the Custom House, and a day and a half in the Navy Yard, and these men, like all others, defend our movement. I have sold one hundred and thirty-nine books in the Navy Yard within the last day and a half, by conversing personally with gentle- men hi their counting-rooms on this subject, and they are carefully watching your decision on this question.
Now, from this stand-point of extensive observation, added to my own personal experience, I feel fully confident these two Bills are needed to meet the public demand at this crisis.
NARRATIVE OF EVFNTS. 55
BILL No. 1.
No person shall be regarded or treated as an Insane person, or a Monomaniac, simply for the expression f>f 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 </F FATHER WARE'S LETTER TO MR. PACKARD.
" Sunderland, Sept. 2, 1865.
" REV. SIR : I think the time has fully come for you to give up to Elizabeth her clothes. Whatever reason might have existed to jus- tify you in retaining them, has, in process of time, entirely vanished. There is not a shadow of excuse for retaining them. It is my pre- sumption there is not an individual in this town who woirld justify you in retaining them a single day. Elizabeth is about to make a home at my house, and I must be her protector. She is very desti- tute of clothing, and greatly needs all those articles which are hers. I hope to hear from you soon, before I shall be constrained to take another step. Yours, Respectfully,
"REV. T. PACKARD. SAMUEL WARE."
The result of this letter was, that in about twenty-four hours after the letter was delivered, Mr. Packard brought the greater part of my wardrobe and delivered it into the hands of my father.
In a few weeks after this event, Mr. Packard's place in the pulpit in Sunderland was filled by a candidate for settlement, and he left the place. The reasons why he thus left his ministerial charge in this place, cannot perhaps be more summarily given than by transcribing
* See Appendix, p. 138.
58 MARITAL POWER EXEMPLIFIED.
the following letter which father got me to write for him, in answer to Rev. Dr. Pomeroy's letter, inquiring of my father why Mr. Pack- ard had left Sunderland.
LETTER TO REV. DR. POMEROT.
Sunderland, Oct. 28, 1865.
DR. POMEROT, DEAR SIR : I am sorry to say that my dear father feels too weak to reply to your kind and affectionate letter of the twenty-third instant, and therefore I cheerfully consent to reply to it myself.
As to the subject of your letter, it is as you intimated. We have every reason to believe that father's defence of me, has been the indi- rect cause of Mr. Packard's leaving Sunderland ; although we knew nothing of the matter until he left, and a candidate filled his place. Neither father, mother, nor I, have used any direct influence to under- mine the confidence of this people in Mr. Packard. But where this simple fact, that I have been imprisoned three years, is known, to have become a demonstrated truth, by the decision' of a jury, after a thorough legal investigation of five day's trial, it is found to be rather of an unfortunate truth for the public sentiment of the present age to grapple with. And Mr. Packard and his persecuting party may yet find I uttered no fictitious sentiment, when I remarked to Dr. Me Farland in the Asylum, that I shall yet live down this slander of In- sanity, and also live down my persecutors. And Mr. Packard is af- fording me every facility for so doing, by his continuing strenuously to insist upon it, that I am, now, just as insane as when he incarcer- ated me in Jacksonville Insane Asylum. And he still insists upon it, that an Asylum Prison is the only suitable place for me to spend the residue of my earth-life in. But, fortunately for me, my friends judge differently upon seeing me for themselves. Especially fortun- ate is it for me, that my own dear father feels confident that his house is a more suitable home for me, notwithstanding the assertion of Mrs. Dickinson, (the widow with whom Mr. Packard boards,) that, " it is such a pity that Mrs. Packard should come to Sunderland, where Mr. Packard preaches ! " Mr. Johnson replied in answer to this remark, that he thought Mrs. Packard had a right to come to her father's house for protection, and also that her father had an equal right to extend protection to his only daughter, when thrown adrift and pen- nyless upon the cold world without a place to shelter her defenceless head.
NAUUATIVE OF EVENTS. 59
Mr. Packard has withdrawn all intercourse with us all since he was called upon by father to return my wardrobe to me. Would that Mr. Packard's eyes might be opened- to see what he is doing, and repent, so that I might be allowed to extend lo him the forgiveness my heart longs to bestow, upon this gospel condition.
Thankful for all the kindness and sympathy you have bestowed upon my father and mother, as well as myself, I subscribe myself your true friend, . E. P. W. PACKARD.
P. S. Father and mother both approve of the above, which I have written at father's urgent request. E. P. W. P.
Fidelity to the truth requires me to add one more melancholy fact, in order to make this narrative of events complete, and that is, that Mr. Packard has made merchandise of this stigma of Insanity he has branded me with, and used it as a lucrative source of gain to himself, in the following manner. He has made most pathetic appeals to the sympathies of the public for their charities to be bestowed upon him, on the plea of his great misfortune in having an insane wife to support — one who was incapable of taking care of herself or her six children — and on this false premise he has based a most pathetic argu- ment and appeal to their sympathies for pecuniary help, in the form of boxes of clothing for himself and his destitute and defenceless child- ren. These appeals have been most generously responded to from the American Home Missionary Society. So that when I returned to my home from the Asylum, I counted twelve boxes of such clothing, some of which were very large, containing the spoils he had thus pur- loined from this benevolent society, by entirely false representations.
My family were not destitute. But on the contrary, were abund- antly supplied with a supernumerary amount of such missionary gifts, which had been lavished, upon us, at his request, before I was imprisoned. I had often said to him, that I and my children had already more than a supply for our wants until they were grown up. Now, what could he do with twelve more such boxes? My son, I.-aac, now hi Chicago, and twenty-one years of age, told me he had counted fifty new vests in one pile, and he had as many pants and coats, and overcoats, and almost every thing else, of men's wearing apparel, in like ratio. He said I had a pile of dress patterns accu- mulated from these boxes, to one yard in depth in one solid pile. And this was only one sample of all kinds of ladies' apparel which he % had thus accumulated, by liis cunningly dervised begging system.
60 MARITAL POWER EXEMPLIFIED.
Still, to this, very date, he is pleading want and destitution as a basis for more charities of like kind. He has even so moved the benevolent sympathies of the widow Dickinson with whom he boarded, as to make her feel that he was an hcnest claimant upon their char- ides in this line, on the ground of poverty and destitution. She accordingly started a subscription to procure him a suit of clothes, on the ground of his extreme destitution, and finally succeeded in beg- ging a subscription of one hundred and thirteen dollars for his ben- efit, and presented it to him as a token of sympathy and regard.
Another fact, he has put his property out of his hands, so that he can say he has nothing. And should I sue him for my maintainance, I could get nothing. His rich brother-in-law, George Hastings, supports the three youngest children, mostly, thus leaving scarcely no claimants upon his own purse, except his own personal wants. His wife and six children he has so disposed of, as to be almost entirely independent of him of any support. And it is my honest opinion, that had Sunderland people known of these facts in his financial mat- ters, they would not have presented him with one hundred and thir- teen dollars, as a token of their sympathy and esteem. Still, looking at the subject from their stand-point, J have no doubt they acted con- scientiously in this matter. I have never deemed it my duty to en- lighten them on this subject, except as the truth is sought for from me, in a few individual isolated cases. I do not mingle with the peo- ple scarcely at all, and have sold none of my books among them. Self-defence does not require me to seek the protection of enlight- ened public sentiment now that the laws protect iny personal liberty, while in Massachusetts.
But fidelity to the cause of humanity, especially the cause of " Mar- ried Woman," requires me to make public the facts of this notorious persecution, in order to have her true legal position known and fully apprehended. And since my case is a practical illustration of what the law is on this subject — showing how entirely destitute she is of any legal protection, except what the will and wishes of her husband secures to her — and also demonstrates the fact, that the common-law, everywhere, in relation to married woman, not only gravitates to- wards an absolute despotism, but even protects and sustains and de- fends a despotism of the most arbitrary and absolute kind. There- fore, in order to have her social position changed legally, the need of this change must first be seen and appreciated by the common people — the law-makers of this Republic. And this need or neces-
MISCELLANEOUS QUESTIONS ANSWERED. Gl
sitj for a revolution on this subject can be made to appear in no more direct manner, than by a practical ca-e, such as my own furn- ishes. As the need of a revolution of the law in relation to negro servitude was made to appear, by the practical exhibition of the Slave Code in " Uncle Tom's " experience, showing that all slaves were liable to suffer to the extent he did ; so my experience, although like " Uncle Tom's," an extreme case, shows how all married women are liable to suffer to the same extent that I have. Now justice to hu- manity claims that such liabilities should not exist in any Christian government. The laws should be so changed that such another out- ra^e could not possibly take place und^r the sanction of the laws of a Christian government.
As Uncle Tom's case aroused the indignation of the people against the slave code, so my case, so far as it is known, arouses this same feeling of indignation against tho-e laws which protect married servitude. Married woman needs legal emancipation from married servitude,1 as much as the slave needed legal emancipation from his servitude.
Again, all slaves did not suffer under negro slavery, neither do all married women suffer from this legalized servitude. Still, the prin- ciple of slavery is wrong, and the principle of emancipation is right, and the laws ought so to regard it. And this married servitude ex- poses the wife to as great suffering a-* negro servitude did. It is my candid opinion, that no Southern slave ever suffered more spiritual agony than I have suffered ; as I am more developed in my moral and spiritual nature than they are, therefore more capable of suffer- ing. I think no slave mother ever endured more keen anguish by being deprived of her own offspring than I have in being legally sep- arated from mine. God grant, that married woman's emancipation may quickly follow in the wake of negro emancipation !
MISCELLANEOUS QUESTIONS ANSWERED.
In canvassing for my books various important questions have been propounded to me, which the preceding Narrative of Events does not fully answer.
FIRST QUESTION.
" Why, Mrs. Packard, do you not get a divorce ? " Because, in the first place, I do not want to be a divorced woman ; but, on the contrary, I wish to be a married woman, and have my
62 MARITAL POWKR EXEMPLIFIED.
husband for my protector; for I do not like this being divorced from my own home. I want a home to live in, and 1 prefer the one I have labored twenty one years myself to procure, and furnished to my own taste and mind. Neither do I like this being divorced from my own children. I want to live with my dear children, whom I have borne and nursed, reared and educated, almost entirely by my own unwearied indefatigable exeriions ; and I love them, with all the fondness of a mother's undying love, and no place is home to me in this wide world without them. And again, I have done nothing to deserve this exclusion from the rights and privileges of my own dear home ; but on the contrary, my untiring fidelity to the best interests of my family for twenty-one years of healthful, constant service, hav- ing never been sick during this time so as to require five dollars doc- tor's bill to be paid for me or my six children, and having done all the housework, sewing, nursing, and so forth, of my entire family for twenty-one years, with no hired girl help, except for only nine months, during all this long period of constant toil and labor. I say, this self- sacriiizing devotion to the best interests of my family and home, de- serve and claim a right to be protected in it, at least, so long as my good conduct continues, instead of being divorced from it, against my own will or consent. In short, what I want is, protection in my home, instead of a divorce from it. I do not wish to drive Mr. Packard from his own home, and exclude him from all its rights and privi- leges— neither do I want he should treat me in this manner, espe- cially so long as he himself claims that I have always been a most kind, patient, devoted wife and mother. He even claims as his justi- fication of his course, that I am so good a woman, and he loves me so well, that he wants to save me from fatal errors !
It is my opinions — my religious opinions — and those alone, he makes an 'occasion for treating me as he has. He frankly owned to me, that he was putting me into an Asylum so that my reputation for being an insane person might destroy the influence of my religious opinions ; and I see in one letter which he wrote to my father, he mentions this as the chief evidence of my insanity. He writes : " Her many excellences and past services I highly appreciate ; but she says she has widely departed from, or progressed beyond, her former re- ligious views and sentiments — and I think it is too true ! !" Here is all the insanity he claims, or has attempted to prove.
Now comes the question : Is this a crime for which I ought to be divorced from all the comforts and privileges of my own dear home ?
MISCELLANEOUS QUESTIONS ANSWERED. 6S
To do this, — that is, to get a divorce — would it not be becoming an accomplice in crime, by doing the very deed which he is so desirous of having done, namely : to remove me from my family, for fear of the contaminating influence of my new views ? Has a married wo- man no rights at all ? Can she not even think her own thoughts, and speak her own words, unless her thoughts and expressions harmonize with those of her husband ? I think it is high time the merits of this question should be practically tested, on a proper basis, the basis of truth — of facts. And the fact, that I have been not only prac- tically divorced from my own home and children, but also incar- cerated for three years in a prison, simply for my religious belief, by the arbitrary will of my husband, ought to raise the question, as to what are the married woman's rights, and what is her protection ? And it is to this practical issue I have ever striven to force this ques- tion. And this issue I felt might be reached more directly and promptly by the public mind, by laying the necessities of the case before the community, and by a direct appeal to them for personal protection — instead of getting a divorce for my protection. I know that by so doing, I have run a great risk of losing my liberty again. Still, I felt that the great cause of married woman's rights might be promoted by this agitation ; and so far as my own feelings were con- cerned, I felt willing to suffer even another martyrdom in this cause, if so be, my sisters in the bonds of marital power might be benefited thereby.
I want and seek protection, as a married woman — not divorce, in order to escape the abuses of marital power — that is, I want pro- tection from the abuse of marital power, not a divorce from it. I can live in my home with my husband, if he will only let me do so ; but he will not suffer it, unless I recant my religious belief. Cannot re- ligious bigotry under such manifestations, receive some check under our government, which is professedly based on the very principle of re- ligious tolerance to all ? Cannot there be laws enacted by which a married woman can stand on the same platform as a married man — that is, have an equal right, at least, to the protection of her inalien- able rights ? And is not this our petition for protection founded in justice and humanity?
Is it just to leave the weakest and most defenceless of these two parties wholly without the shelter of law to shield her, while the strongest and most independent has all the aid of the legal arm to strengthen his own ? Nay, verily, it is not right or manly for our
\
64 MARITAL POWKB iiXiiiHJJLii-'l.-.l>.
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 ca<e of the incorrigible ; they may be compelled to suffer what to them is endless torment, because they see no hope for them in the future. Yet the issue will prove God's love to be infinite, in rescuing them from eternal pedition.
MISCELLANEOUS QUESTIONS ANSWERED. 71
Again, Mrs. Fisher, my determination and aim is, to become a per- fect person in Ghrisfs estimation, although by so doing, I may be- come the filth and off-scouring of all perverted humanity. What con- sequence is it to us to be judged of man's judgment, when the cause of our being thus condemned by them as insane, is the very char- acter which entitles us to a rank among the archangels in heaven ?
Again, I am calling in question my right to unite myself to any Church of Christ militant on earth ; fearing I shall be thereby en- tramrnelled by some yoke of bondage — that the liberty wherewith Christ makes his people free may thus be circumscribed. There is so much of the spirit of bigotry and intolerance in every denomina- tion of Christians now on earth, that they do not allow us an open Bible and an unshackled conscience. Or, in other words, there are some to be found in almost every church, to whom we shall become stumbling blocks or rocks of offence, if we practically use the liberty which Christ offers us. Now what shall I do? I do want to obey Christ's direct command to come out from the world and be separate, while at the same time I feel that there is more Christian liberty and charity out of the Church than in it. I am now waiting and seeking the Spirit's aid in bringing this question to a practical test and issue.
And, Mrs. Fisher, I fully believe, from God's past care of me, that he will lead me to see the true and living way in which I ought to walk. I will not hide my light under a bushel, but put it upon a candlestick, that it may give light to others. I will also live out, practically, my honestly cherished opinions, believing "that they that do his commandments shall know of the doctrine." I also fully be- lieve that the more fully and exclusively I live out the teachings of the Holy Spirit, the more persecution I shall experience. For they that will live godly, in Christ's estimation, " shall suffer persecution."
Mrs. Fisher, I fully believe that Christ's coming cannot be far dis- tant His coming will restore all things, which we have lost for his sake. Our cause will then find an eloquent pleader in Christ him- self, and through our Advocate, the Judge, Himself, will acknowledge us to be his- true, loyal subjects, and we shall enter into the full pos- session of our promised inheritance. "With this glorious prospect in full view to the eye of faith, let us " gird up the loins of our mind." In other words, let us dare to pursue the course of, the independent thinker, and let us run with patience the race set before us. Let us carry uncomplainingly the mortifying cross, which is laid upon us, so long as God suffers it to remain ; remembering that it is enough for
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the servant that he be as his Master. For " as they have persecuted me, they will persecute you also." " Be of good cheer." Mrs. Fisher, " I have overcome the world." Blessed consolation ! Mrs. Fisher, the only response I expect to get from this letter, is your silent heart- felt sympathy in my sorrows. No utterance is allowed for my allevi- ation. And the only way that I am allowed to administer consolation through the pen is by stratagem. I shall employ this means so far as lies in my power, so that when the day of revelation arrives, it may be said truthfully of me, " she hath done what she could." Impossi- bilities are not required of us.
Please tell Theophilus, my oft repeated attempts to send him a motherly letter, have been thwarted. And he, poor persecuted boy ! cannot be allowed a mother's tender, heartfelt sympathy. O, my God, protect my precious boy ! and carry him safely through this pit- iless storm of cruel persecution. Do be to him a mother and a sister, and God shall bless you. Please deliver this message, charged to overflowing with a mother's undying love. Be true to Jesus. Ever believe me your true friend and sympathizing sister,
E. P. W. PACKARD.
THIRD QUESTION.
" Do you think, Mrs. Packard, that your husband really believes you are an insane person ? "
I do not. I really believe he knows I am a sane person ; and still, he is struggling with all his might to make himself and others believe this delusion, because his own conscience is accusing him constantly with this lie against it. With all his accumulated testimonials that I am insane, and all his sophistries and reasoning upon false premises to establish this lie, he cannot silence this accusing monitor within himself, testifying to the contrary. Either this is in reality the case, or he has at last reached that point, where a person has made such a sinner of his own conscience as to believe his own lies ; or, in other words, he has so perverted his conscience as to become conscientiously wrong. But it is not for me to judge his heart, only from the stand- point of his own actions, and from this basi?, I give the above as my honest opinion on this point.
Two facts alone may be sufficient to give somecorroboration in support of this opinion. After taking me from my asylum prison, and while his prisoner at my own house, he asked me to sign a deed for the
MISCELLANEOUS QUESTIONS ANSWERED. 73
transfer of some of his real estate in Mt. Pleasant, Iowa, and finding I could not be induced to do it, without returning to me my note of six hundred dollars he had robbed me of, and also some of my good clothing, he sought to transfer it, as the law allows one to do, in case the needed witness is legally incapacitated by insanity to give their signature ; and for this purpose he was obliged to take an oatu that I was insane. He did take this oath that I was insane, and thereby outlawed as a legal witness. It was administered by Justice Labrie. A few days after this, he called this same Justice in to our house to witness my signing this deed, and used it as a valid signature. Now to say under oath one thing one day, and to deny it the next, is rather crooked business for a healthy Christian conscience to sanction.
Another fact. When he was preparing to put me into an Insane Asylum, I asked him why he was so very anxious to put the stigma of insanity upon me, when he knew I was not insane ? Said he, " I am doing it so that your opinions need not be believed. I must pro- tect the cause of Christ."
Cause of Christ i I felt like exclaiming, if your cause of Christ needs such a defence, I think it must be in a sad condition. If it can 't stand before the opinions of a woman, I should n't think a man would attempt to protect it ! The truth is, the cause of Christ to him is his creed — a set of human opinions. While the real cause of Christ is humanity ; and a very important part of this cause of Christ to a true man, is the protection of his own wife.
FOURTH QUESTION.
" Could you forgive Mr. Packard, and live with him again as his wife ? "
Yes, I could, freely, promptly and fully forgive him, on the gospel condition of practical repentance. This condition could secure it, and this alone. As I understand Christ's teachings, he does not allow me to forgive him until he does repent, and in some sense make res- titution. He directs me to forgive my brother if he repent — yea, if he sins and repents seventy times seven, I must forgive as many times. But if he does not repent, I am not allowed to forgive him. And so long as he insists upon it, both by word and deed, that he has done only what was right for him to do, and that he shall do the same thing again, if he has a chance to, I do not see any chance for me to oestow my forgiveness upon a penitent transgressor.
74 MARITAL POWER EXEMPLIFIED.
He feels that I am the one to ask forgiveness, for not yielding my opinions to his dictation, instead of causing him so much trouble in trying to bring me under subjection to his will, in this particular. He does not claim that I ever resisted his will in any other particular — and I have not felt it my duty to do so. I had rather yield than quarrel any time, where conscience is not concerned. He knows I have done so, for twenty-one years of married life. But to tell a lie, and be false to my honest convictions, by saying I believed what I did not believe, I could not be made to do.
My truth loving nature could never be subjected to falsify itself — I must and shall be honest and truthful. And although King David said in his haste, " all men are liars," I rejoice he did not say all women were, for then there would have been no chance for my vin- dication of myself as a truthful woman ! This one thing is certain, I have been imprisoned three years because I could not tell a lie, and now I think it would be bad business for me to commence at this late hour.
I cannot love oppression, wrong, or injustice under any circum- stances. But on the contrary, I do hate it, while at the same time I can love the sinner who thus sins ; for I find it in my heart to forgive to any extent the penitent transgressor. I am not conscious of feel- ing one particle of revengeful feeling towards Mr. Packard, while at the same time I feel the deepest kind of indignation at his abuses of me. And furthermore, I really feel that if any individual ever de- served penitentiary punishment, Mr. Packard does, for his treatment of me. Still, /would not inflict any punishment upon him — for this business of punishing my enemies I am perfectly content to leave entirely with my Heavenly Father, as he requires me to do, as I un- derstand his directions. And my heart daily thanks God that it is not ray business to punish him. One sinner has no right to punish another sinner. God, our Common Father, is the only being who holds this right to punish any of his great family of human children.
All that is required of me is, to do him good, and to protect my- self from his abuse as best I can ; and it is not doing him good to for- give him before he repents. It is reversing God's order. It is not to criminate him that I have laid the truth before the public. Duty demands it as an act of self-defence on my part, and a defence of the rights of that oppressed class of married women which my case rep- resents. I do not ask for him to be punished at any human tribunal ; all I ask is, protection for myself, and also the class I represent.
MISCELLANEOUS QUESTIONS ANSWERED. 75
One other fact it may be well here to mention, and that is : I have withdrawn all fellowship with him in his present attitude towards me. I do not so much as speak or write to him, and this I do from the principle of self-defence, and not from a spirit of revenge. I know all my words and actions are looked upon through a very distorted me- dium, and whatever: I say or do, he weaves into capital to carry on his persecution with. And I think I have Christ's example too as my defence in this course ; for when he was convinced his persecutors questioned him only for the purpose of catching him in his words, " he was speechless." I have said all I have to say to Mr. Packard in his present character. But when he repents, I will forgive him, and restore him to full communion.
FIFTH QUESTION.
"In what estimation is Mr. Packard held in the region where these scenes were enacted ? "
Where the truth is known, and as the revelations of the court room developed the facts exactly as they were found to exist, the popular verdict is decidedly against him. Indeed, the tide of popular indigna- tion rises very high among that class, who defend religious liberty and equal rights, free thought, free speech, free press. . -V;
I state this as a fact which my own personal observation demon- strates. In canvassing for my book in many of the largest cities in the State of Illinois, I had ample opportunity to test this truth, and were I to transcribe a tithe of the expressions of this indignant feeling which I alone have heard, it would swell this pamphlet to a mammoth size. A few specimen expressions must therefore be taken as a fair representation of this popular indignation. "Mr. Packard cannot enter our State without being in danger of being lynched," is an ex- pression I have often heard made from the common people.
From the soldiers I have often heard these, and similar expressions ; " Mrs. Packard, if you need protection again, just let us know it, and we will protect you with the bullet, if there is no other defence." " If he ever gets you into another Asylum, our cannon shall open its walls for your deliverance," &c.
The Bar in Illinois may be represented by the following expres- sions, made to me by the Judges of the Supreme Court, in Ottawa Court house " Mrs. Packard, this is the foulest outrage we ever heard of in real life ; we have read of such deep laid plots in
76 MARITAL POWER EXEMPLIFIED.
romances, but we never knew one acted out in real life before. We did not suppose such a plot could be enacted under the laws of our State. But this we will say, if ever you are molested again in our State, let us know it, and we will put Mr. Packard and his con- spiracy where they ought to be put."
The pulpit of Illinois almost universally condemns the outrage, as a crime against humanity and human rights. But fidelity to the truth requires me to say that there are some exceptions. The only open defenders I ever heard for Mr. Packard, came from the Church influence, and the pulpit. Among all the ministers I have conversed with on this subject, I have found only two ministers who uphold his course. One Presbyterian minister told me, he thought Mr. Packard had done right in treating me as he had ; " you have no right," said he, " to cherish opinions which he does not approve, and he did right in putting you in an Asylum for it. I would treat my wife just so, if she did so ! " The name and residence of this minister I could give if I chose, but I forbear to do so, lest I expose him unnecessarily.
The other clergyman was a Baptist minister. "I uphold Mr. Packard in what he has done, and I would help him in putting you in again should he attempt it." The name and place of this minister I shall' withold unless self-defence requires the exposure.
When I have added one or two more church members to those two just named, it includes the whole number I ever heard defend, in my presence, Mr. Packard's course. Still, I have no doubt but that these four represent a minority in Illinois, who are governed by the same popish principles of bigotry and intolerance as Mr. Packard is. And I think it may be said of this class, as a Chicago paper did of Mr. Packard, after giving an account of the case, the writer said : " The days of bigotry and oppression are not yet past. If three-fourths of the people of the world were of the belief of Rev. Packard and his witnesses, the other fourth would be burned at the stake."
The opinion of his own church and community in Manteno, where he preached at the time I was kidnapped, is another class whose ver- dict the public desire to know also. I will state a few facts, and leave the public to draw their own inferences. When he put me off, his church and people were well united in him, and as a whole, the church not only sustained him in his course, but were active co-con- spirators. When I returned, he preached nowhere. He was closeted at his own domicil on the Sabbath, cooking the family dinner, while his children were at church and sabbath school. His society was,'
MISCELLANEOUS QTESTIONS ANSWERED. 77
almost entirely broken up. I was told he preached until none would come to hear him ; and his deacons gave as their reason for not sus- taining him, that the trouble in his family had destroyed his influence in that community. Multitudes of his people who attended my trial, whom I know defended him at the time he kidnapped me, came to me with these voluntary confessions : " Mrs. Packard, I always knew you were not insane." "I never believed Mr. Packard's stories." "I always felt that you was an abused woman," &c., &c.
These facts indicated some change even in the opinion of his own allies during my absence. As I said, I leave the public to draw their own inferences. I have done my part to give them the premises of facts, to draw them from.
SIXTH QUESTION.
" Mrs. Packard, is your husband's real reason for treating you as he has, merely a difference in your religious belief, or is there not something back of all this? It seems unaccountable to us, that mere bigotry should so annihilate all human feeling."
This is a question I have never been able hitherto to answer, sat- isfactorily, either to myself or others ; but now I am fully prepared to answer it with satisfaction to myself, at least ; that is, facts, stubborn facts, which never before came to my knowledge until my visit home, compel me to feel that my solution of this perplexing question, is now based on the unchangeable truth of facts. For I have read with my own eyes the secret correspondence which he has kept up with my father, for about eight years past, wherein this question is answered by himself, by his own confessions, and in his own words.
And as a very natural prelude to this answer, it seems to me not inappropriate to answer one other question often put to me first, namely : "has he not some other woman in view?"
I can give my opinion now, not only with my usual promptness, but more than my usual confidence that I am correct in my opinion. I say confidently, he has not any other woman in view, nor never had ; and it was only because I could not fathom to the cause of this " Great Drama," that this was ever presented to my own mind, as a question. 1 believe that if ever there was a man who practically be- lieved in the monogomy principle of marriage, he is the man. Yes, I believe, with only one degree of faith less than that of knowledge, that the only Bible reason for a divorce never had an existence in our case.
78 MARITAL POWER EXEMPLIFIED.
And here, as the subject is now opened, I will take occasion to say, that as I profess to be a Bible woman both in spirit and practice, I cannot conscientiously claim a Bible right to be divorced. I never have had the first cause to doubt his fidelity to me in this respect, and he never has had the first cause to doubt my own to him.
But fidelity to the truth of God's providential events compel me to give it as my candid opinion, that the only key to the solution of thisj mysterious problem will yet be found to be concealed in the fact, that Mr. Packard is a monomaniac on the subject of woman's rights, and that it was the triumph of bigotry over his manliness, which occa- sioned this public manifestation of this peculiar mental phenomenon. Some of the reasons for thh opinion, added to the facts of this dark drama which are already before the public, lie ha the following statement.
In looking over the correspondence above referred to, I find the *; confidential " part all refers to dates and occasions wherein I can dis- tinctly recollect we had had a warm discussion on the subject of wo- man's rights ; that is, I had taken occasion from the application of his insane dogma, namely, that " a woman has no rights that a man is bound to respect" to defend the opposite position of equal* rights. I used sometimes to put my argument into a written form, hoping thus to secure for it a more calm and quiet consideration. I never used any other weapons in self-defence, except those paper pellets of the brain. And is not that man a. coward who cannot stand before such artillery ?
But not to accuse Mr. Packard of cowardice, I will say, that in- stead of boldly meeting me as his antagonist on the arena of argu- ment and discussion, and there openly defending himself against my knockdown arguments, with his Cudgel of Insanity, I find he closed off such discussions with his secret " confidential " letters to my rela- tives and dear friends, saying, that he had sad reason to fear his wife's mind was getting out of order ; she was becoming insane on the subject of woman's rights ; " but be sure to keep this fact a profound secret — especially, never let Elizabeth hear that /ever intimated such a thing."
I presume this is not the first time an opponent in argument has called his conqueror insane, or lost to reason, simply because his logic was too sound for him to grapple with, and the will of the accuser was too obstinate to yield, when conscientiously convinced. But it cer- tainly is more honorable and manly, to accuse him of insanity to his
MISCELLANEOUS QUESTIONS ANSWERED. 79
face, than it is to thus secretly plot against him an imprisonable offence, without giving him the least chance at self-defence.
Again, I visited Hon. Gerrit Smith, of Peterborough, New York, about three years before this secret plot culminated, to get light on this subject of woman's rights, as I had great confidence in the de- ductions of his noble, capacious mind ; and here I found my positions were each, and all, indorsed most fully by him. Said he, " Mrs. Pack- ard, it is high time that you assert your rights, there is no other way for you to live a Christian life with such*a man." And, as I left, while he held my hand in his, he remarked, " You may give my love to Mr. Packard, and say to him, if he is as developed a man as I con- sider his wife to be a woman, I should esteem it an honor to form his acquaintance." So it appears that Mr. Smith did not consider my views on this subject as in conflict either with reason or common sense.
Again, his physician, Dr. Fordice Rice, of Cazenovia, New York, to whom I opened my whole mind on this subject, said to me in con- clusion— " I can unravel the whole secret of your family trouble. Mr. Packard is a monomaniac on the treatment of woman. I don't see how you have ever lived with so unreasonable a man."
I replied, " Doctor, I can live with any man — for I will never quarrel with any one, especially a man, and much less with my hus- band. I can respect Mr. Packard enough, notwithstanding, to do him good all the days of my life, and no evil do I desire to do him ; and moreover, I would not exchange him for any man I know of, even if I could do so, simply by turning over my hand; for I believe he is just the man God appointed from all eternity to be my husband. Therefore, I am content with my appointed portion and lot of conju- gal happiness."
Again. It was only about four years before I was kidnapped, that Mr. O. S. Fowler, the great Phrenologist, examined his head, and expressed his opinion of his mental condition in nearly these words. " Mr. Packard, you are losing your mind — your faculties are all dwindling — your mind is fast running out — in a few years you will not even know your own name, unless your tread-mill habits are broken up. Your mind now is only working like an old worn out horse in a tread mill."
Thus our differences of opinion can be accounted for on scientific principles. Here we see his sluggish, conservative temperament, rejecting light, which costs any effort to obtain or use — clinging, serf-
80 MARITAL POWER EXEMPLIFIED.
like, to the old paths, as with a death grasp ; while my active, radical temperament, calls for light, to bear me onward and upward, never satisfied until all available means are faithfully used to reach a more progressive state. Now comes the question. Is activity and pro- gression in knowledge and intelligence, an indication of a sane, nat- fural condition, or is it an unnatural, insane indication? And is a stagnant, torpid, and retrogressive state of mentality, a natural or an unnatural condition — a sane, or an insane state?
In our mental states we simply grew apart, instead of together. He was dwindling, dying; I was living, growing, expanding. And this natural development of intellectual power in me, seemed to arouse this morbid feeling of jealousy towai'ds me, lest I outshine him. That is, it stimulated his monomania into exercise, by determining to anni- hilate or crush the victim in whose mental and moral magnetism he felt so uneasy and dissatisfied with himself. While, at the same time, the influence of my animal magnetism, was never unpleasant to him ; but, on the contrary, highly gratifying. Yea, I have every reason to believe he ever regarded me as a model wife, and model mother, and housekeeper. He often made this remark to me : " I never knew a woman whom I think could equal you in womanly virtues."
Again. While on this recruiting tour, I made it my home for sev- eral weeks at Mr. David Field's, who married my adopted sister, then living in Lyons, New York. I made his wife my confidant of my family trials, to a fuller degree than I ever had to any other human being, little dreaming or suspecting that she was noting my every word and act, to detect if possible, some insane manifestations. But, to her surprise, eleven weeks observation failed to develop the first indication of insanity. The reason she was thus on the alert, was, that my arrival was preceded by a letter from Mr. Packard, say- ing his wife was insane, and urged her to regard all my representa- tions of family matters as insane statements. Then he added, " Now, Mrs. Field, I must require of you one thing, and that is, that you burn this letter as soon as you have read it; don't even let your husband see it at all, or know that you have had a letter from me, and by all means, keep this whole subject a profound secret from Elizabeth."
My sister, true to Mr. Packard's wishes, burned this letter, and buried the subject entirely in oblivion. But when she heard that I was incarcerated in an Asylum, then, in view of all she did know, and in view of what she did not know, she deeply suspected there
MISCELLANEOUS QUESTIONS ANSWERED. 81
was foul play in the transaction, and felt it to be her duty to tell her husband all she knew. He fully indorsed her suspicions, and they both undertook a defence for me, when she received a most insulting and abusive letter from Mr. Packard, wherein he, in the most despotic manner, tried to browbeat her into silence. Many tears did this devoted sister shed in secret over this letter and my sad fate — as this letter revealed Mr. Packard's true character to her in an un- masked state. " 0, how could that dear, kind woman live with such a man ! " was her constant thought.
Nerved and strengthened by her husband's advice, she determined to visit me in the Asylum, and, if- possible, obtain a personal interview. She did so. She was admitted to my room. There she gave me the first tidings I ever heard of that letter. While at the Asylum, my attendants, amongst others, asked her this question : " Mrs. Field, can you tell us why such a lady as Mrs. Packard, is shut up in this Asylum; we have never seen the least exhibition of insanity in her; and one in particular said, I saw her the first day she was entered, and she was then just the same quiet, perfect lady, you see her to be to day — now do tell us why she is here ? "
Her reply I will not give, since her aggravated and indignant feel- ings prompted her to clothe it in very strong language against Mr. Packard, indicating that he ought to be treated as a criminal, who deserved capital punishment. In my opinion, sister would have come nearer the truth, had she said he ought to be treated just as he is treating his wife — as a monomaniac.
And I hope I shall be pardoned, if I give utterance to brother's indignant feelings, in his own words, for the language, although stiong, does not conflict with Christ's teachings or example. Among the pile of letters above alluded to, which Mr. Packard left accidentally in my room, was one from this Mr. Field, which seemed to be an answer to one Mr. Packard wrote him, wherein it seemed he had been calling Mr. Field to account for having heard that he had called him a "devil," and demanded of him satisfaction, if he Lad done.-o; for Mr. Field makes reply: " I do believe men are possessed with devils now a days, as much as they were in Christ's d xys, and I believe too that some are not only possessed with one devil, but even seven devil?, and I believe you are the man ! " I never heard of his denying the charge as due Mr. Field afterwards !
From my own observations in an insane asylum, I am fully satis- 6
82 MAUITAL POWER EXEMPLIFIED.
fitfd that Mr. Field is correct in his premises, and I must also allow that he has a right of opinion in its application.
Looking from these various stand-points, it seems to me self-evident, that this Great Drama is a woman's rights struggle. From the com- mencement to its present stage of development, this one insane idea seems to be the backbone of the rebellion : A married woman has no rights which her husband is bound to respect.
While he simply defended his insane dogma a? an opinion only, no one had thu least right to call him a monomaniac ; but when this in- sane idea became a practical one, then, and only till then, had we any right to call him an insane person. Now, if the course he has taken with me is not insanity — that is, an unreasonable course, I ask, what is insanity ?
Now let this great practical truth be for one moment considered, namely, All that renders an earth-life desirable — all the inalienable right-! and privileges of one developed, moral, and accountable, sensi- tive being, lie wholly suspended on the arbitrary will of this intolerant man, or monomaniac. No law, no friend, no logic, can defend me in the least, legally, from this despotic, cruel power; for the heart which controls this will has become, as it respects his treatment of me, " without understanding, a covenant breaker, without natural affec- tion, implacable, unmerciful."
And let another truth also be borne in mind, namely, that this one man stands now as a fit representative of all that class in society, and God grant it may be found to be a very small class! who claim that the subjection of the wife, instead of the protection of the wife, is the true law of marriage. This marriage law of subjection has now cul- minated, so that it has become a demonstrated fact, that its track lies wholly in the direction of usurpation ; and therefore this track, on which so many devoted, true women, have taken a through or life ticket upon, is one which the American government ought to guard and protect by legal enactments ; so that such a drama as mine can- not be again legally tolerated under the flag of our protective govern- ment. God grant, that this one mute appeal of stubborn fact, may ba sufficient to nerve up the woman protectors of our manly govern- ment, to guard us, in some manner, against woman's greatest foe — the women subjectors of society.
It may be proper here to add the result of this recruiting tour. After being absent eleven weeks from my home, and this being the
MISCELLANEOUS QUESTIONS ANSWERED. 83
fir.^t time I had left my husband during all my married life, longer than for one week's time, I returnedto my home, to receive as corditil and as loving a welcome as any wife could desire. Indeed, it seemed to me, that the home of my husband's heart had become "empty, swept, and garnished," during my absence, and that the foul spirits of usurpation had left this citadel, as I fondly hoped, forever. In- deed, I felt that I had good reason to hope, that my logic had been calmly and impassionately digested and indorsed, during my absence, so that now this merely practical recognition of my womanly rights, almost instantly moved my forgiving heart, not only to extend to him, unasked, my full and free forgiveness for the past, but all this abuse seemed to be seeking to find its proper place in the grave of forget- ful oblivion.
This radical transformation in the bearing of my husband towards me, allowing me not only the rights and privileges of a junior partner in the family firm, but also such a liberal portion of manly expressed love and sympathy, as caused my susceptible, sensitive, heart of affec- tion fairly to leap for joy. Indeed, I could now say, what I could never say in truth before, I am happy in my husband's love — happy in simply being treated as a true woman deserves to be treated — with love and confidence. All the noblest, purest, sensibilities of wo- man's sympathetic nature find in this, her native element, room for full expansion and growth, by stimulating them into a natural, health- ful exercise. It is one of the truths of God's providential events, that the three last years of married life were by far the happiest I ever spent with Mr, Packard.
So open &nd bold was I in this avowal, during these three happy years, that my correspondence of those days is radiant with this truth. And it was not three months, and perhaps not even two months, pre- vious to my being kidnapped, that I made a verbal declaration of this fact, in Mr. Packard's presence, to Deacon Dole, his sister's husband, in these words. The interests of the Bible class had been our topic of conversation, when I had occasion to make this remark: "Bro- ther," said I, " don't you think Mr. Packard is remarkably tolerant to me these days, in allowing me to bring my radical views before your class ? And don't you think he is changing as fast as we can expect, considering his conservative organization? "We cannot, of course, expect him to keep up with my radical temperament. I think we shall make a man of him yet ! "
Mr. Packard laughed outright, and replied, " Well, wife, I am ^lad
84: 3IAHITAL POWER EXEMPLIFIED.
you have got so good an opinion of me. I hope I shall not disappoint your expectations ! "
But, alas ! where is he now ? O, the dreadful demon of bigotry, was allowed to enter and take possession of this once garnished house, through the entreaties, and persuasions, and threats, of his Deacon Smith, and his perverted sister, Mrs. Dole. These two spirits united, were stronger than his own, and they overcame him, and took from him all his manly armor, so that the demon he let in, " brought with him seven other spirits more wicked than himself, and they enter in and dwell there," still ; so that I sadly iear " the last state of that man will be worse than the first."
I saw and felt the danger of the vortex into which his sister and deacon were dragging him, and I tried to save him, with all the logic of love, and pure devotion to his highest and best interests; but all in vain. .Never shall I forget this fatal crisis. When, just three weeks before he kidnapped me, I sat alone with him in his study, and while upon his lap, with my arms encircling his neck, and my briny cheek pressed against his own, I begged of him to be my protector, in these words : " O, husband ! don't yield to their entreaties 1 Do be true to your marriage vow — true to yourself — true to God. Instead of taking the side of bigotry, and going against your wife, do just protect to me my right of opinion, which this deacon and sister seem determined to wrest from me. Just say to the clas.«, " My wife has as good a right to her opinion as the class have to theirs — and I shall protect her in this right — you need not believe her opinions unless you choose; but she shall have her rights of opinion, unmolested, for I shall be my wife's protector." I added, "Then, husband, you will be a man. You will deserve honor, and you will be sure to have it ; but if you become my persecutor, you will become a traitor 'to your manli- ness ; you will deserve dishonor, and you will surely get it in full measure."
My earnestness he construed into anger. He thrust me from him. He determined, at all hazard, to subject my rights of opinion to his will, instead of protecting them by his manliness. The plot already laid, eight years previous, now had a rare opportunity to culminate, k sure as he was of all needed help in its dreadful execution. In Hire short weeks I was a State's prisoner of Illinois Lunatic Asylum, being supported as a State pauper!
From this fatal evening all appeals to his reason and humanity have been worse than fruitless. They have only served to aggravate
FALSE REPORTS CORRECTED. 85
hi? maddened feeling*, and goad him on to greater deeds of despera- tion. Like Nebuchadnezzar, his reason is taken from him, on this one subject ; and unrestrained, maddened, resentment fills his de-