Marital Power Exemplified in Mrs. Packard's Trial, and Self-Defence from the Charge of Insanity Part 8

I was invited to meet with them each time, and did so, as were also Mrs.

Phelps and Mrs. Denny, two ladies of Boston who had suffered a term of false imprisonment in a private inst.i.tution 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 const.i.tuted 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 Pet.i.tioners, in reply to Dr. Walker's statement, that, "in his opinion, nineteen twentieths of the pet.i.tioners did not know nor care what they pet.i.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 pa.s.sed around for their names. I witnessed their signing, and saw them read it, carefully, before signing 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 selling 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 gentlemen in 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.

BILL NO. 1.

No person shall be regarded or treated as an Insane person, or a Monomaniac, simply for the _expression of 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.m.u.tation, 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 _Crime_ against human progress to allow Reformers to be treated as Monomaniacs; for, who will dare to be true to the inspirations 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: _individuality_, 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 Ma.s.sachusetts as the Pioneer State, in thus protecting individuality as the vital principle on which the highest development 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 individual is so lost to reason, as to render him an unaccountable moral agent.

REASONS.

Mult.i.tudes are now imprisoned, without the least evidence that reason is dethroned, as indicated by this test. And I am a representative of this cla.s.s of prisoners; for, when Dr. McFarland was driven to give his reasons for regarding me as insane, on _this_ basis, 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 imprisoned 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 liberty ought to be _proved_ from the individual's own conduct, before imprisonment.

So long as insanity is treated as a _crime_, instead of a _misfortune_, as our 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, _all_ 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 Monomaniac on _that_ point where he differs from _him_ in opinion! This Monomania 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 Philanthropists, 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 Commitment of the Insane, in Boston State house, March 29, 1865, by

MRS. E. P. W. PACKARD.

The result was, the pet.i.tion 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 physicians, 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 to communicate by writing to any one outside of the Inst.i.tution, except under the censors.h.i.+p of the Superintendent, can now send a letter 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 Ma.s.sachusetts. I regard my personal liberty in Ma.s.sachusetts 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 Ma.s.sachusetts. 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.[1]

[1] See Appendix, p. 138.

COPY OF 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 justify you in retaining them, has, in process of time, entirely vanished.

There is not a shadow of excuse for retaining them. It is my presumption there is not an individual in this town who would 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 dest.i.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 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. Packard had left Sunderland.

LETTER TO REV. DR. POMEROY.

_Sunderland, Oct. 28, 1865._

DR. POMEROY, 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 indirect 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 undermine 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 fict.i.tious sentiment, when I remarked to Dr. McFarland in the Asylum, that I shall yet _live down_ this slander of Insanity, and also live down my persecutors. And Mr.

Packard is affording me every facility for so doing, by his continuing strenuously to insist upon it, that I am, now, just as insane as when he incarcerated 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 fortunate is it for me, that my own dear father feels confident that his house is a more suitable home for me, notwithstanding the a.s.sertion of Mrs. d.i.c.kinson, (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 pennyless upon the cold world without a place to shelter her defenceless head.

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 to 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.