This act was nominally repealed in 1865; but, practically, is still existing, in retaining those who have been previously entered without evidence of insanity, and in receiving others, regardless of the law of ’65, which demands a fair trial of all before commitment. In short, the present law is not in all cases enforced, but this unjust law is still in practical force in many instances.
Therefore, your petitioners, men of the first legal character and standing in Chicago, in asking for the repeal of this unjust law, not only ask for the enforcement of the new law by a penalty, but also that a jury trial may be forthwith extended to the unfortunate victims of this unjust law, who are now confined in Jacksonville Insane Asylum.
In detailing the practical working of this law in my case, I must rely upon your good sense to pardon the egotistical character of the following statement.
I am a native of Massachusetts, the only daughter of an orthodox clergyman of the Congregational denomination, and the wife of a Congregational clergyman, who was preaching to a Presbyterian Church in Manteno, Kankakee Co., Ill., when this legal persecution commenced.
I have been educated a Calvinist, after the strictest sect, but as my reasoning faculties have been developed by a thorough, scientific education, I have been led, by the simple exercise of my own reason and common sense, to endorse theological views, in conflict with my educated belief and the creed of the church with which I am connected. In short, from my present standpoint, I cannot but believe that the doctrine of total depravity, (which is the great backbone of the Calvinistic system,) conflicts with the dictates of reason, common sense, and the Bible.
And, gentlemen, the only crime I have committed is to dare to be true to these, my honest convictions, and to give utterance to these views in a Bible class in Manteno, at the special request of the teacher of that class, and with the full and free consent of my husband.
But the popular endorsement of these new views by the class and the community generally, led my husband and his Calvinistic Church to fear, lest their Church creed would suffer serious detriment by this license of private judgment and free inquiry, and as these liberal views emanated from his own family, and he, (for reasons best known to himself,) declining to meet me on the open arena of argument and free discussion, chose, rather, to use this marital power which your laws license him to use, and as this unjust law permits, and got me imprisoned at Jacksonville Insane Asylum, without evidence of insanity, and without any trial, hoping, as he told me, that by this means he could destroy my moral influence, and thereby defend the cause of Christ; as he felt bound to do!
It was under these circumstances I was legally kidnapped, as your laws allow, and imprisoned three years at Jacksonville, simply for claiming a right to my own thoughts. The first intimation I had of this legal exposure, was by two men entering my room, on the 18th of June, 1860, and kidnapping me. Two of his Church-members, attended by Sheriff Burgess of Kankakee, took me up in their arms and carried me to the wagon, and thence to the cars, in spite of my lady-like protests, and regardless of all my entreaties for some sort of trial before imprisonment.
My husband replied, “I am doing as the laws of Illinois allow me to do—you have no protection in law but myself, and I am protecting you now; it is for your good I am doing this; I want to save your soul; you don’t believe in total depravity; I want to make you right.”
“Husband,” said I, “have not I a right to my opinion?”