TESTIMONIALS.
Although my cause, being based in eternal truth, does not depend upon certificates and testimonials to sustain it, and stands therefore in no need of them; yet, as they are sometimes called for, as a confirmation of my statements, I have asked for just such testimonials as the following gentlemen felt self-moved to give me. I needed no testimonials while prosecuting my business in Illinois, for the facts of the case were so well known there, by the papers reporting my trial so generally. I needed no other passport to the confidence of the public.
But when I came to Boston to commence my business in Massachusetts, being an entire stranger there, I found the need of some credentials or testimonials in confirmation of my strange and novel statements. And it was right and proper, under such circumstances, that I should have them. I therefore wrote to Judge Boardman and Hon. S. S. Jones, my personal friends, in Illinois, and told them the difficulty I found in getting my story believed, and asked them to send me anything in the form of a certificate, that they in their judgment felt disposed to send me, that might help me in surmounting this obstacle. Very promptly did these gentlemen respond to my request, and sent me the following testimonials, which were soon printed in several of the Boston papers, with such editorials accompanying them, as gave them additional weight and influence in securing to me the confidence of the public.
Judge Boardman is an old and distinguished Judge in Illinois, receiving, as he justly merits, the highest esteem and confidence of his cotemporaries, as a distinguished scholar, an eminent Judge, and a practical Christian.
Mr. Jones is a middle aged man, of the same stamp as the Judge, receiving proof of the esteem in which he is held by his cotemporaries, in being sent to Congress by vote of Illinois’ citizens, and by having been for successive years a member of the Legislature of that State. He was in that position when he sent me his certificate.
Judge Boardman’s Letter.
To all persons who would desire to give sympathy and encouragement to a most worthy but persecuted woman!
The undersigned, formerly from the State of Vermont, now an old resident of the State of Illinois, would most respectfully and fraternally certify and represent: That he has been formerly and for many years, associated with the legal profession in Illinois, and is well known in the north-eastern part of said State. That in the duties of his profession and in the offices he has filled, he has frequently investigated, judicially, and otherwise, cases of insanity. That he has given considerable attention to medical jurisprudence, and studied some of the best authors on the subject of insanity; has paid great attention to the principles and philosophy of mind, and therefore would say, with all due modesty, that he verily believes himself qualified to give an opinion entitled to respectful consideration, on the question of the sanity or insanity of any person with whom he may be acquainted. That he is acquainted with Mrs. E. P. W. Packard, and verily believes her not only sane, but that she is a person of very superior endowments of mind and understanding, naturally possessing an exceedingly well balanced organization, which, no doubt, prevented her from becoming insane, under the persecution, incarceration, and treatment she has received. That Mrs. Packard has been the victim of religious bigotry, purely so, without a single circumstance to alleviate the darkness of the transaction! A case worthy of the palmiest days of the inquisition!!
The question may be asked, how this could happen, especially in Northern Illinois? To which I answer that the common law prevails here, the same as in other States, where this law has not been modified or set aside by the statute laws, which gives the legal custody of the wife’s person, into the hands of the husband, and therefore, a wife can only be released from oppression, or even from imprisonment by her husband, by the legal complaint of herself, or some one in her behalf, before the proper judicial authorities, and a hearing and decision in the case; as was finally had in Mrs. Packard’s case, she having been in the first place, taken by force, by her husband, and sent to the Insane Hospital, without any opportunity to make complaint, or without any hearing or investigation.
But how could the Superintendent of the Insane Hospital be a party to so great a wrong? Very easily answered, without necessarily impeaching his honesty, when we consider that her alleged insanity was on religious subjects; her husband a minister of good standing in his denomination, and the Superintendent sympathizing with him, in all probability, in religious doctrine and belief, supposed, of course, that she was insane. She was legally sent to him, by the authority of her husband, as insane; and Mrs. Packard had taught doctrines similar to the Unitarians and Universalists and many radical preachers; and which directly opposed the doctrine her husband taught, and the doctrine of the Church to which he and Mrs. Packard belonged; the argument was, that of course the woman must be crazy!! And as she persisted in her liberal sentiments, the Superintendent persisted in considering that she was insane! However, whether moral blame should attach to the Superintendent and Trustees of the Insane Hospital, or not, in this transaction, other than prejudice, and learned ignorance; it may now be seen, from recent public inquiries and suggestions, that it is quite certain, that the laws, perhaps in all the States in relation to the insane, and their confinement and treatment, have been much abused, by the artful and cunning, who have incarcerated their relatives for the purpose of getting hold of their property; or for difference of opinion as to our state and condition in the future state of existence, or religious belief.
The undersigned would further state: That the published account of Mrs. Packard’s trial on the question of her sanity, is no doubt perfectly reliable and correct. That the Judge before whom she was tried, is a man of learning, and ability, and high standing in the judicial circuit, in which he presides. That Mrs. Packard is a person of strict integrity and truthfulness, whose character is above reproach. That a history of her case after the trial, was published in the daily papers in Chicago, and in the newspapers generally, in the State; arousing at the time, a public feeling of indignation against the author of her persecution, and sympathy for her; that nothing has transpired since, to overthrow or set aside the verdict of popular opinion; that it is highly probable that the proceedings in this case, so far as the officers of the State Hospital for the insane are concerned, will undergo a rigid investigation by the Legislature of the State.
The undersigned understands that Mrs. Packard does not ask pecuniary charity, but that sympathy and paternal assistance which may aid her to obtain and make her own living, she having been left by her husband, without any means, or property whatever.
All of which is most fraternally and confidently submitted to your kind consideration.
William A. Boardman.
Waukegan, Ill., Dec. 3, 1864.
Hon. S. S. Jones’ Letter.
“To a kind and sympathizing public:—
This is to certify that I am personally acquainted with Mrs. E. P. W. Packard, late an inmate of the Insane Asylum of the State of Illinois. That Mrs. Packard was a victim of a foul and cruel conspiracy I have not a single doubt, and that she is and ever has been as sane as any other person, I verily believe. But I do not feel called upon to assign reasons for my opinion, in the premises, as her case was fully investigated before an eminent Judge of our State, and after a full and careful examination, she was pronounced sane, and restored to liberty.
Still I repeat, but for the cruel conspiracy against her, she could not have been incarcerated, as a lunatic, in an asylum. Whoever reads her full and fair report of her case, will be convinced of the terrible conspiracy that was practiced towards a truly thoughtful and accomplished lady. A conspiracy worthy of a demoniac spirit of ages long since passed, and such as we should be loth to believe could be practiced in this enlightened age, did not the records of our court verify its truth.
To a kind and sympathizing public I commend her. The deep and cruel anguish she has had to suffer, at the hands of those who should have been her protectors, will, I doubt not, endear her to you, and you will extend to her your kindest sympathy and protection.
Trusting through her much suffering the public will become more enlightened, and that our noble and benevolent institutions—the asylums for the insane—will never become perverted into institutions of cruelty and oppression, and that Mrs. Packard may be the last subject of such a conspiracy as is revealed in her books, that will ever transpire in this our State of Illinois, or elsewhere.
Very respectfully, S. S. Jones.”
St. Charles, Ill., Dec. 2, 1864.
Editorial Remarks.
“Assuming, as in view of all the facts it is our duty to do, the correctness of the statements made by Mrs. Packard, two matters of vital importance demand consideration:
1. What have ‘the rulers in the church’ done about the persecution? They have not publicly denied the statements; virtually (on the principle that under such extraordinary circumstances silence gives consent,) they concede their correctness. Is the wrong covered up? the guilty party allowed to go unchallenged lest “the cause” suffer by exposure? If they will explain the matter in a way to exculpate the accused, these columns shall be prompt to do the injured full and impartial justice. We are anxious to know what they have to say in the premises. If Mrs. Packard is insane because she rejects Calvinism, then we are insane, liable to arrest, and to be placed in an insane asylum! We have a personal interest in this matter.
2. Read carefully Judge Boardman’s statement as to the bearing of “common law” on Mrs. Packard’s case. If a bad man, hating his wife and wishing to get rid of her, is base enough to fabricate a charge of insanity, and can find two physicians “in regular standing” foolish or wicked enough to give the legal certificate, the wife is helpless! The “common law” places her wholly at the mercy of her brutal lord. Certainly the statute should interfere. Humanity, not to say Christianity, demands, that special enactments shall make impossible, such atrocities as are alleged in the case of Mrs. Packard—atrocities which, according to Judge Boardman, can be enacted in the name of “common law.” We trust the case now presented will have at least the effect, to incite Legislative bodies to such enactments as will protect women from the possibility of outrages, which, we are led to fear, ecclesiastical bodies had rather cover up, than expose and rebuke to the prejudice of sectarian ends—the ‘sacred cause.’”
As I have said, there was a successful effort made in the Massachusett’s Legislature to change the laws in reference to the mode of commitment into Insane Asylums that winter, 1865, and as Hon. S. E. Sewall was my “friend and fellow laborer,” as he styles himself, in that movement, I made application to him this next winter, for such a recommend as I might use to aid me in bringing this subject before the Illinois’ Legislature this winter, for the purpose of getting a change in their laws also. But finding that the Illinois’ Legislature do not meet this year, I have had no occasion to use it, as I intended. Having it thus on hand, I will add this to the foregoing.
Hon. S. E. Sewall’s Testimonial.
“I have been acquainted with Mrs. E. P. W. Packard for about a year, I believe. She is a person of great religious feeling, high moral principle, and warm philanthropy. She is a logical thinker, a persuasive speaker, and such an agitator, that she sometimes succeeds where a man would fail. I think she will be very useful in the cause to which she has devoted herself, I mean procuring new laws to protect married women.
I give Mrs. Packard these lines of recommendation, because she has asked for them. I do not think them at all necessary, for she can recommend herself, far better than I can.
S. E. Sewall.”
Boston, Nov. 27, 1865.
After these testimonials, and the editorial remarks accompanying them had appeared in these Boston journals, Mr. Packard sent various articles to these journals in reply, designing to counteract their legitimate influence in defence of my course. Some of these articles were published, and many were refused, by the editors. The “Universalist,” and the “Daily Advertiser,” published a part of his voluminous defence, which was made up almost entirely of certificates and credentials, but no denial of the truth of the general statement. The chief point in his defence which he seemed the most anxious to establish was, that my trial was not correctly reported—and not a fair trial—a mere mob triumph, instead of a triumph of justice. One of these papers, containing his impeachments of the court, was sent to Kankakee City, Illinois, where the court was held, and elicited many prompt and indignant replies. An article soon appeared in the Kankakee paper, on this subject, stating his defamations against the judge, lawyers, and jury, and then added, “Mr. Packard is both writing his wife into notoriety, and himself into infamy,” by his publishing such statements, as he would not dare to publish in Illinois; and it was astonishing to them, how such a paper as the Boston “Daily Advertiser,” should allow such scandals respecting the proceedings of Illinois’ courts to appear in its columns. I will here give entire only one of the many articles sent to the Boston papers in reply. This article was headed,
The Reply of the Reporter of Mrs. Packard’s Trial, to Rev. Theophilus Packard’s Charge of Misrepresentation.
“To the Editors of the Boston Daily Advertiser:—
In the supplement of the Boston Daily Advertiser of May 3d, appears a collection of certificates, introduced by Rev. Theophilus Packard, which requires a notice from me. These certificates are introduced for one or two purposes. First, either to prove that the report of the trial of Mrs. Elizabeth Packard, held before the Hon. C. R. Starr, Judge of the Second Judicial Circuit of the State of Illinois, on the question of her insanity, as published in the “Great Drama,” is false; or, secondly, to prove to the readers of the Advertiser that Mr. Packard is not so bad a man as those who read the trial would be likely to suppose him to be.
In determining the truth of the statements of any number of persons relative to any given subject, it is always profitable to inquire who the persons that make the statements are, what is their relation to the subject-matter, and what their means of information.
I entered upon the defence of Mrs. Packard without any expectation of fee or reward, except such as arises from a consciousness of having discharged my duty toward a helpless and penniless woman, who was either indeed insane, or was most foully dealt with by him who had sworn to love, cherish and protect her. I was searching for the truth. I did then no more and no less than I should do for any person who claimed that their sacred rights were daily violated, and life made a burden most intolerable to be borne, by repeated wrongs.
The report was made from written notes of the testimony taken during the trial. And this is the first time I ever heard the correctness of the report called in question. It would be very unlikely that I should make an incorrect report of an important case, which I knew would be read by my friends and business acquaintances, and which (if incorrect) would work a personal injury. Policy and selfish motives would prevent me from making an incorrect report, if I was guided by nothing higher.
The first certificate presented is signed by Deacon A. H. Dole, and Sibyl T. Dole, who are the sister and brother-in-law of Mr. Packard, and, as the trial shows, his co-conspirators; J. B. Smith, another of his deacons, who was a willing tool in the transaction; and Miss Sarah Rumsey, another member of his Church, who went to live with Mr. Packard when Mrs. Packard was first kidnapped. Let Jeff. Davis be put on trial, and then take the certificates of Mrs. Surratt, Payne, Azteroth, Arnold, Dr. Mudd and George N. Saunders, and I am led to believe they would make out Jeff. to be a “Christian President,” whom the barbarous North were trying to murder. Their further certificate “that the disorderly demonstrations by the furious populace, filling the Court House while we were present at the said trial, were well calculated to prevent a fair trial,” is simply bosh, but is on a par with the whole certificate. It is a reflection upon the purity of our judicial system, and upon our Circuit Court, that they would not make at home. And I can only account for its being made on the supposition that it would not be read in Illinois. “The furious populace” consisted of about two hundred ladies of our city who visited the trial until it was completed, because they felt a sympathy for one of their own sex, whose treatment had become notorious in our city. The conspirators allege that Mrs. Packard is insane. They each swore to this on the trial, but a jury of twelve men after hearing the whole case, upon their oaths said in effect they did not believe these witnesses, for by their verdict they found her SANE.
The second certificate is from Samuel Packard. It is a sufficient answer to this to say that he is the son of Mr. Packard, and entirely under his father’s control, and that it is apparent upon the document that the boy never wrote a word of it.
Then follows a certificate from Lizzie, who takes umbrage because I called her in the report the “little daughter” of Mrs. Packard, and is made to say pertly she was then fourteen. She then acted like a good daughter, who loved her mother dearly, and her size and age never entered into the consideration of the audience of ladies whose hearts were touched and feelings stirred, till the fountain of their tears was broken, by the kind and natural emotions which were then exhibited by the mother and daughter. When Mrs. Packard was put in the hospital Lizzie was about ten years old, and a thinking public will determine what judgment she could then form about her mother’s “religious notions” and her “insanity,” “to the great sorrow of all our family.”
One word further upon the certificate of Thomas P. Bonfield, and I will close. He says that the trial commenced very soon after the writ of habeas corpus was served on Mr. Packard, and therefore he could not obtain his evidence, and was prevented from obtaining the attendance of Dr. McFarland, Superintendent of the Insane Hospital of Illinois. Dr. McFarland was the only witness whose attendance Mr. Packard’s counsel expressed a desire for that was not present. They had his certificate that Mrs. Packard was insane, which they used as evidence, and which went to the jury. The defence had no opportunity for cross-examination, while Mr. Packard thus got the benefit of McFarland’s evidence that she was insane, with no possibility of a contradiction. What more could he have had if the witness had been present?
The certificate further states that “a large portion of the community were more intent on giving Presbyterianism a blow than on investigating, or leaving the law to investigate, the question of Mrs. Packard’s insanity.” Well, what did the “feelings” of the community have to do with the court and jury? You selected the jury. You said they were good men. If not good, you could have rejected them. The presiding judge is a member of the Congregational Church, which is nearly allied to the Presbyterian. Five of the twelve jurymen were regular attendants of the Presbyterian Church. No complaint was then made that you could not have a fair trial. If Packard believed he could not, the statute of Illinois provides for a change of venue, which petition for a change of venue you had Mr. Packard sign, but which you concluded not to present, because you thought it would not be granted. If you thought it would not be granted, it was because you did not have a case that the venue could be changed, because when the proper affidavit is made for a change of venue, the Court has no power to refuse the application. The trial was conducted as all trials are conducted in Boston or in Illinois, and the verdict of the jury pronounced Mrs. Packard sane.
The published report of the trial is made. It no doubt presents Mr. Packard and his confederates in a very unfavorable light, but it is just as they presented themselves. If they do not like the picture they should not have presented the original.
Stephen R. Moore.
Kankakee, Ill., May 16, 1865.