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

by E. P. W. Packard

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.