Now, I ask, is this so? Can facts be transmuted into fiction by the simple assertion of one man? And is it a mere creation of a diseased imagination that has torn me from my helpless babe and deprived my darling children of a fond mother’s tender care? Is it the mere creation of a diseased imagination to find that good conduct, not even the best, is any guarantee of protection to a wife and mother under Illinois laws?
Neither Dr. McFarland nor Mr. Packard himself, has ever denied one of the facts in the statement I have made; but as their only justification, they claim that I am insane—and the only proof of insanity they have ever brought in support of this opinion is, “her views of things,” as the Doctor expresses himself, or, my private, individual opinions.
Now I wish to ask the gentlemen of this Assembly, if, for my using my right of opinion, or my right of private judgment, the public sentiment of this age is going to justify Illinois in keeping me a prisoner three years, under the subterfuge of insanity, based wholly upon my “views of things?”
Just consider, for one moment, the principle. Here my personal liberty, for life, hangs suspended wholly on the opinion of this one man, whom policy or interest might tempt to say I was insane when I was not; for this law expressly states that the class I represent may be imprisoned without evidence of insanity, and without trial!
Just make the case your own, gentlemen: would it be easy for you to realize that it was a mere creation of your imagination to have two men take you by force from your business and family, without evidence of insanity and without trial, and your kidnappers claim as their only justification, that you are insane on some point in your religious belief, simply because Dr. McFarland says you are, and then lock you up for life, on his single testimony, without proof?
Now we, married women and infants, have had our personal liberty, for sixteen years, suspended on this one man’s opinion; and possibly he may be found to be a fallible man, and capable of corruption, if we may be allowed to judge of this great man from the standpoint of his own words and actions.
Now, if the Doctor was required to prove his patients insane, from their own conduct, there would be a shadow of justice attached to his individual judgment; but while this law allows him to call them insane, and treat them as insane, without evidence of insanity, where is the justice of such a decision?
You do not hang a person without proof from the accused’s own actions that he is guilty of the charge which forfeits his life. So the personal liberty of married women should not be sacrificed without proof that they are insane, from their own conduct.
When Dr. McFarland has brought forward one proof from my own conduct, by one insane act of my own, in support of his position, I will then say he has cause for calling me an insane person; but until that time arrives, I claim he is begging the question entirely, in calling me an insane person, without one evidence to sustain his charge.
Gentlemen, it is not merely for my own self-defence from this unpleasant charge, that I lay this argument before you, but it is that you may see, from my standpoint, how exceedingly frail is the thread on which our reputation for sanity is suspended, and how very liable married women and infants are to be thus falsely imprisoned in Jacksonville Insane Asylum.