“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 passed 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.’”