Marital Power Exemplified in Mrs. Packard's Trial, and Self-Defence from the Charge of Insanity Part 7

Z. HANFORD.

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 at Kankakee, to see if I could in any way recover my stolen furniture, which I had bought with my own patrimony. "Can I replevy it as stolen property?"

said I. "No," said my advisers, "you cannot replevy anything, for you are a married woman, 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 n.o.body 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 nothing, as you are _nothing and n.o.body_ 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 circ.u.mstances." "Is this so? Has a married woman no ident.i.ty 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 demonstrates. Now I can realize the sad truths so often iterated, reiterated to me by my husband, namely: "You have no _right_ to 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 privilege of training and educating your own children is a favor bestowed upon you by me, which I can withhold 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 option." 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 a.s.sert 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 IMPRISONMENT.

"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 ill.u.s.trated in the facts developed in Mrs. Packard's own experience, as delineated in her book ent.i.tled 'The Great Drama.'

"The following is a copy of the Law, as it now stands on the Illinois 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 distracted, 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."

"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 instance 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 pa.s.sed at the special instance of the Superintendent. A desire 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 woman'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 expressly 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 matter.

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 carry out his single wishes concerning his wife's life-destiny.

"Are not the 'Divorce Laws' of Illinois made a necessity, to 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 Insanity,' 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, 1865.

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 n.o.ble, 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 thousand 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 ent.i.tled to the first volume of Mrs. Packard's book, ent.i.tled the Great Drama. None are genuine without my signature. Mrs. E. P. W. Packard." And commenced canva.s.sing for my unborn book, by selling these tickets for fifty cents each, a.s.suring 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 unlooked 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 workmen 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 selling four hundred tickets in advance on another edition. I sold and printed, and then printed and sold, and so on, until I have printed and sold in all, twelve thousand books in fifteen months' time. Included in this twelve thousand are several editions of smaller pamphlets, varying in price from five to twenty-five cents each.

INTERVIEW WITH MAYOR SHERMAN.

At this stage of my Narrative it may not be inappropriate to narrate 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 protect me here?"

"Why, Mrs. Packard, what protection do you need? What dangers 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 ma.n.u.script 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-defense. For, Sir, my ident.i.ty was legally lost in his, when I married him, leaving me nothing and n.o.body 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 ma.n.u.script 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?"

"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; _I_ shall not find it for him. I then said to my printer, supposing he should come with money, and offer to buy the ma.n.u.script, what then?" "I say, it will take more money than there is in Chicago to buy that ma.n.u.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 manliness, 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 a.s.sure 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."

"I 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 before knew that any one under our government was so utterly defenceless 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 better or safer hands. And in your hands would I most confidently trust my sacred cause--the cause of Married Woman; for, so far as my observation extends, no cla.s.s of American citizens are more manly, than our soldiers. I am inclined to cherish the idea, that gallantry and patriotism are identified; at least, I find they are almost always a.s.sociated together in the same manly heart.

When I had sold about half of my twelve thousand books, I resolved to visit my relatives in Ma.s.sachusetts, who had not seen me for about twelve years. I felt a.s.sured 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 Deerfield, 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 a.s.sured me I should see them in due time. He carried me over to Sunderland, about four miles distant, 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 cause, and a.s.sured 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 Ma.s.sachusetts to protect the children from their mother, and I shall do it, in spite of you, or father Ware, or any one else!" Brother adds, "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 reason in his treatment of sister, than in a brute."

These facts of his refusal to let me see my children, were soon in circulation 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 danger to his interests which a conflict with this tide of public sentiment might occasion, seemed forced, by this pressure of public opinion, to succ.u.mb; for, on the following Monday morning, (this was on Sat.u.r.day, P. M.,) he brought all of my three children to my father's house, with himself and Mrs. Severance, as their body-guard, and with both as my witnesses, 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, knowing that even in Ma.s.sachusetts the laws did not protect me from another similar outrage, if Mr. Packard could procure the certificate of two physicians 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 Ma.s.sachusetts, by pet.i.tioning them for a change in their laws on the mode of commitment into Insane Asylums.

As a preparatory step, I endeavored to get up an agitation on the subject, by printing and selling about six thousand books relative to the subject; and then, trusting to this enlightened public sentiment to back up the movement, I pet.i.tioned Ma.s.sachusetts Legislature to make the needed change in the laws. Hon. S. E. Sewall, of Boston, drafted the Pet.i.tion, 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 Aldermen, the Common Council, the High Sheriff, and several other City Officers; and besides, Judges, Lawyers, Editors, Bank Directors, Physicians, &c. Mr.

Sewall presented this pet.i.tion to the Legislature, and they referred it to a committee, and this committee had seven special meetings on the subject.