How did the views towards women as property legally change between 1860-1864 through the experiences of individuals like Elizabeth Packard?
Introduction:
Introduction:
Fierce determination to be reunited with her children led Elizabeth Packard to take on an institution that was biased towards women and their roles in society. Documenting everything that happened to her while she was involuntarily detained to a mental health institution helped sway the cause in her favor so that she could in the end be free to live her life with her children again. Knowing how hard it was to beat a system in place to keep women silenced and locked away without their consent, Elizabeth Packard made it her mission in life to have the laws altered so that other women could also gain their freedom once again. Her grit and determination helped free women who had no one in their corner listening to their pleas. After fighting an unjust system while incarcerated herself for 3 years, Elizabeth learned to use her voice and story and took her case to the courts to fight for rights that did not exist at that time. Because of her, laws were altered for women and they were seen differently from then on.
Elizabeth Packard was not a name I was familiar with prior to reading a book by Kate Moore entitled “The Woman They Could Not Silence.” Her amazing story is what led me to further investigate her past as an outspoken woman who helped change women’s rights. Reading her own words and all the hoops she had to jump through to gain a freedom that never should have been taken from her, has made me appreciate the freedoms I have as a woman today.
Elizabeth Packard was married to Theophilus Packard, a preacher, for 21 years and together they had 6 kids. Elizabeth was a smart woman, a good housewife, an amazing mother, and a very religious person. While her husband was a preacher, she started to question some of the teachings at his church. Because she had a sharp mind she started to investigate religion more and came to certain conclusions of her own when it came to her husband's teachings. Theophilus was not amused that his wife would question his authority and that she would converse with his parishioners about her thoughts on religion. He came to the conclusion that it would be in his best interest if Elizabeth was committed to an insane asylum so as to not further embarrass him. Illinois State law stated that married women could be admitted “without the evidence of insanity.” (Moore, pg 26) On June 18th 1860, Theophilus took his wife to the Illinois State Hospital to be admitted.
Dr. Andrew McFarland was the superintendent of the hospital at the time and under his supervision many women suffered and were kept for many years as he claimed them to be insane for various reasons. Elizabeth tried to reason with him, and she submitted to his authority until she could see that he would never allow her to leave as he thought her insane as well. While Elizabeth was a model inmate she was allowed many privileges and she started to write down her thoughts and feelings. She had to keep them hidden as they would be most damaging to the hospital and the doctor if they were ever read. She made rapport with the other women there and found out most of them were totally sane as well and did not have any real reasons for being there. She discovered that many of the women there were not committed because of insanity, but because of individuality. (Moore, pg 61) As soon as she started to question Dr. McFarland and his abuse of the patients by his staff, she was moved to a different ward where she could no longer influence the other women. Again she was to be silenced for speaking her mind. Elizabeth triumphed through her horrible time at the asylum and weathered everything thrown at her by the staff and the doctor.
As time went on, Elizabeth realized that her husband had no plans for her to return home and that she would be locked up and away from her kids indefinitely. This made her even more determined to free herself at all costs. She wrote letters to old neighbors and her kids but all were confiscated by the good doctor and never were sent. Theophilus had conspired with the doctor to keep Elizabeth away from anyone that could possibly help her. Without her knowledge the townspeople from her hometown had wanted to start a writ of Habeas Corpus for wrongful imprisonment, but they were unsuccessful. Elizabeth thought she was on her own and that she was the only one that could save herself. She started a secret journal so that one day she could have the evidence she needed to set herself free. “I must defend myself, or go undefended.” (Packard, pg 128)
Elizabeth decided to write a letter to Dr. McFarland and plead for her release. She had assumed the doctor was on her side and did not realize that he had been conspiring with her husband to keep her there. She asked the doctor if she could be released as an independent woman and to not have him consult her husband about this. “I am fully determined never to return to my husband again, of my own free-will.” (Packard, pg 93) In the doctor's eyes this only made Elizabeth seem more insane than he originally thought as she was under the assumption that she was an individual. Elizabeth, like most inmates, did not know the length of her incarceration and that only added to their despair. After one year and 10 months the doctor wrote to Theophilus and told him the prognosis was no different from the last time he wrote and that she most likely would be there forever.
Elizabeth only got more determined to prove her sanity at this point. Her secret journals were now filled with all the going ons in the hospital and she was ready to start her rebellion. June 18th 1862 was exactly 2 years to the day she first entered the asylum and she wanted to mark that anniversary with a bang. With the help of some of the staff, Elizabeth wrote the editor of the New York Independent and other newspapers in Chicago. With much detail she describes the staff and their abuse of the patients, the filthy living conditions, and the numerous women kept locked up while being completely sane. Unbeknownst to Elizabeth the Civil war was on everyone’s minds outside of the asylum and the letters never got published as the headlines only describe the horrors the war was bringing. When nothing came from her plea to the outside world she decided to turn to Dr. McFarland himself again. In September 1862 she asked the doctor if she could present her case in front of the board of trustees at their next quarterly meeting. The doctor agreed as he only saw this as a way to show how insane she really was. To his surprise the board was enamored by her and her words and seriously considered her release. But without Elizabeth's knowledge the doctor persuaded the board of her insanity and her release was rejected. Not ready to give up, she asked the doctor for paper to write a book so that she could finally show her sanity to the world. The doctor strung her along to keep her occupied, promising to publish it for her when she finished and so she got to work. On October 16, 1862 she finished her book and it contained 2500 pages. She titled it “The Great Drama”, and it became some of her best work later in life.
Theophilus was worried she would be released and so he hatched a new plan with the doctor. He secured Elizabeth's release so he could have her committed again to a new hospital that would keep her indefinitely. The State Lunatic Hospital in Northampton Massachusetts was an asylum open to all regardless of disease and duration. It was a hospital that Elizabeth would never be able to leave given the laws at that time.
Theophilus released her from the asylum on June 18th 1863 and changed his mind temporarily and deposited Elizabeth at her cousin's house and forbade her from ever coming home or seeing her kids again. He threatened her that if she did, he would incarcerate her for life at the new asylum he had found. She tried to be happy and make a new life for herself but missed her kids dearly. The people in town felt for her and decided to raise $30 for her to get a train ticket home. With some of the money Elizabeth published her first pamphlet “Appeal on Behalf of the Insane” and was able to print 1000 copies. They were sold at the post office for 10 cents a piece and her voice was finally out there for the first time. Elizabeth could finally feel the tide change in her favor for once.
Determined to be reunited with her kids she boarded the train and headed home. Theophilus pitted all her kids against her and demanded they not listen to her. She was so happy to be home that she cleaned, cooked, and took care of them anyways. Theophilus locked her in her room at night and wouldn’t let her touch any of her things. According to the law he was in his right to do so as “whatever is yours is his - your property is his - your earnings are his - your children are his - and you are his.” (Packard, pg 68) The townspeople saw this and they finally did what they wanted to do all those years ago, they filed a writ of Habeas Corpus for false imprisonment in January 1864. Theophilus and Elizabeth were made to see a judge and when Theophilus explained that Elizabeth was insane and he had every right to lock her up, the judge shocked everyone by telling Theophilus he needs to “prove it.” (Packard, pg 11) The judge ordered an insanity trial so that Elizabeth could finally have her day in court to prove her innocence.
Elizabeth eloquently proved her sanity with her day in court. She read from her journals and had many friends testify on her behalf. Theophilus, knowing the outcome of the trial, took his kids and ran away to Massachusetts. Since Elizabeth had no laws on her side when it came to her marital rights, she lost her children once again, but she was finally declared sane. The official court records read: “We, the undersigned, Jurors in the case of Mrs. Elizabeth P.W.Packard, alleged to be insane, having heard the evidence in the case, are satisfied that said Elizabeth P.W.Packard is SANE.” (Moore S, pg 38)
Elizabeth knew that she was the only one who could now fight for the rights of her friends who were still imprisoned while sane. She was determined to do everything in her power to make sure they all got fair trials as well. She took out an advertisement in the newspaper for people to invest in the publishing of her books. With the help of many friends she was able to publish her pamphlets and was able to make a living this way. Her books and pamphlets were a great hit and flew off the shelves. Because of their success she continued to write more and released many pamphlets to the public. Elizabeth did not stop there, she decided the law needed to be reformed for all women. Elizabeth decided to plead for the amendments of insanity laws in Massachusetts and with her help that was done on May 16th, 1865. She lobbied the Governor of Illinois for all the other women still locked up. Dr. McFarland was determined to roll back the law of 1865 as he tried to smear Elizabeth's name. She didn’t let that stop her and on February 12th, 1867 she spoke in front of the Illinois General Assembly and pleaded her case. She was so persuasive that the “Mrs. Packard’s Personal Liberty Law” passed unanimously and a jury trial was ordered for all incarcerated women in Illinois.
Elizabeth did not stop there, she continued to write and fight for women and gave lectures to all that would listen. 34 bills in 44 legislatures across 24 states were created because of her determination and grit. In April 1869 Elizabeth made her way to Boston to finally be reunited with her family again. Theophilus finally gave up and let her kids decide if they wanted to live with her. At that time she was a successful writer with 2 homes and over $10,000 in the bank and she has finally gained custody back of her now grown children.
Elizabeth had a voice she was not afraid to use. She did not let men silence her as she was wrongfully incarcerated. She fought for her rights every day until she was finally declared sane. She knew the struggles she had to go through to get to that point and so when she finally had the power to help other women like her, she made sure that she did everything she could to help them as well. She could have stopped after having gained her own freedom, but instead she lobbied and wrote her way to a bill that would ensure that women had the right to a trial when accused of being insane. Men no longer could just commit their wives when it pleased them. They were no longer seen as the husband's property but as individuals with minds of their own. Elizabeth's horrific experiences paved the way so that others would not suffer her same fate in the future.
Bibliography
E.P.W. Packard, The Great Drama; or, The Millennial Harbinger, 1878
Kate Moore, The Woman They Could Not Silence, 2021
State of Illinois, Kankakee County, official court order signed by Charles R. Starr, judge of the 20th Judicial Circuit of the State of Illinois, January 18, 1864
E.P.W.Packard, Modern Persecution, or Married Woman’s Liabilities, as Demonstrated by the Action of the Illinois Legislature, Vol. 2
E.P.W.Packard, Marital Power Exemplified in Mrs. Packard’s Trial, and Self-Defense from the Charge of Insanity; or Three Years’ Imprisonment for Religious Belief, by the Arbitrary Will of a Husband, with an Appeal to the Government to so Change the Laws as to Afford Legal Protection to Married Women
Stephen R. Moore, “The Great Trial of Mrs. Elizabeth P.W.Packard”, published in Marital Power Exemplified.
Elizabeth Packard was not a name I was familiar with prior to reading a book by Kate Moore entitled “The Woman They Could Not Silence.” Her amazing story is what led me to further investigate her past as an outspoken woman who helped change women’s rights. Reading her own words and all the hoops she had to jump through to gain a freedom that never should have been taken from her, has made me appreciate the freedoms I have as a woman today.
Elizabeth Packard was married to Theophilus Packard, a preacher, for 21 years and together they had 6 kids. Elizabeth was a smart woman, a good housewife, an amazing mother, and a very religious person. While her husband was a preacher, she started to question some of the teachings at his church. Because she had a sharp mind she started to investigate religion more and came to certain conclusions of her own when it came to her husband's teachings. Theophilus was not amused that his wife would question his authority and that she would converse with his parishioners about her thoughts on religion. He came to the conclusion that it would be in his best interest if Elizabeth was committed to an insane asylum so as to not further embarrass him. Illinois State law stated that married women could be admitted “without the evidence of insanity.” (Moore, pg 26) On June 18th 1860, Theophilus took his wife to the Illinois State Hospital to be admitted.
Dr. Andrew McFarland was the superintendent of the hospital at the time and under his supervision many women suffered and were kept for many years as he claimed them to be insane for various reasons. Elizabeth tried to reason with him, and she submitted to his authority until she could see that he would never allow her to leave as he thought her insane as well. While Elizabeth was a model inmate she was allowed many privileges and she started to write down her thoughts and feelings. She had to keep them hidden as they would be most damaging to the hospital and the doctor if they were ever read. She made rapport with the other women there and found out most of them were totally sane as well and did not have any real reasons for being there. She discovered that many of the women there were not committed because of insanity, but because of individuality. (Moore, pg 61) As soon as she started to question Dr. McFarland and his abuse of the patients by his staff, she was moved to a different ward where she could no longer influence the other women. Again she was to be silenced for speaking her mind. Elizabeth triumphed through her horrible time at the asylum and weathered everything thrown at her by the staff and the doctor.
As time went on, Elizabeth realized that her husband had no plans for her to return home and that she would be locked up and away from her kids indefinitely. This made her even more determined to free herself at all costs. She wrote letters to old neighbors and her kids but all were confiscated by the good doctor and never were sent. Theophilus had conspired with the doctor to keep Elizabeth away from anyone that could possibly help her. Without her knowledge the townspeople from her hometown had wanted to start a writ of Habeas Corpus for wrongful imprisonment, but they were unsuccessful. Elizabeth thought she was on her own and that she was the only one that could save herself. She started a secret journal so that one day she could have the evidence she needed to set herself free. “I must defend myself, or go undefended.” (Packard, pg 128)
Elizabeth decided to write a letter to Dr. McFarland and plead for her release. She had assumed the doctor was on her side and did not realize that he had been conspiring with her husband to keep her there. She asked the doctor if she could be released as an independent woman and to not have him consult her husband about this. “I am fully determined never to return to my husband again, of my own free-will.” (Packard, pg 93) In the doctor's eyes this only made Elizabeth seem more insane than he originally thought as she was under the assumption that she was an individual. Elizabeth, like most inmates, did not know the length of her incarceration and that only added to their despair. After one year and 10 months the doctor wrote to Theophilus and told him the prognosis was no different from the last time he wrote and that she most likely would be there forever.
Elizabeth only got more determined to prove her sanity at this point. Her secret journals were now filled with all the going ons in the hospital and she was ready to start her rebellion. June 18th 1862 was exactly 2 years to the day she first entered the asylum and she wanted to mark that anniversary with a bang. With the help of some of the staff, Elizabeth wrote the editor of the New York Independent and other newspapers in Chicago. With much detail she describes the staff and their abuse of the patients, the filthy living conditions, and the numerous women kept locked up while being completely sane. Unbeknownst to Elizabeth the Civil war was on everyone’s minds outside of the asylum and the letters never got published as the headlines only describe the horrors the war was bringing. When nothing came from her plea to the outside world she decided to turn to Dr. McFarland himself again. In September 1862 she asked the doctor if she could present her case in front of the board of trustees at their next quarterly meeting. The doctor agreed as he only saw this as a way to show how insane she really was. To his surprise the board was enamored by her and her words and seriously considered her release. But without Elizabeth's knowledge the doctor persuaded the board of her insanity and her release was rejected. Not ready to give up, she asked the doctor for paper to write a book so that she could finally show her sanity to the world. The doctor strung her along to keep her occupied, promising to publish it for her when she finished and so she got to work. On October 16, 1862 she finished her book and it contained 2500 pages. She titled it “The Great Drama”, and it became some of her best work later in life.
Theophilus was worried she would be released and so he hatched a new plan with the doctor. He secured Elizabeth's release so he could have her committed again to a new hospital that would keep her indefinitely. The State Lunatic Hospital in Northampton Massachusetts was an asylum open to all regardless of disease and duration. It was a hospital that Elizabeth would never be able to leave given the laws at that time.
Theophilus released her from the asylum on June 18th 1863 and changed his mind temporarily and deposited Elizabeth at her cousin's house and forbade her from ever coming home or seeing her kids again. He threatened her that if she did, he would incarcerate her for life at the new asylum he had found. She tried to be happy and make a new life for herself but missed her kids dearly. The people in town felt for her and decided to raise $30 for her to get a train ticket home. With some of the money Elizabeth published her first pamphlet “Appeal on Behalf of the Insane” and was able to print 1000 copies. They were sold at the post office for 10 cents a piece and her voice was finally out there for the first time. Elizabeth could finally feel the tide change in her favor for once.
Determined to be reunited with her kids she boarded the train and headed home. Theophilus pitted all her kids against her and demanded they not listen to her. She was so happy to be home that she cleaned, cooked, and took care of them anyways. Theophilus locked her in her room at night and wouldn’t let her touch any of her things. According to the law he was in his right to do so as “whatever is yours is his - your property is his - your earnings are his - your children are his - and you are his.” (Packard, pg 68) The townspeople saw this and they finally did what they wanted to do all those years ago, they filed a writ of Habeas Corpus for false imprisonment in January 1864. Theophilus and Elizabeth were made to see a judge and when Theophilus explained that Elizabeth was insane and he had every right to lock her up, the judge shocked everyone by telling Theophilus he needs to “prove it.” (Packard, pg 11) The judge ordered an insanity trial so that Elizabeth could finally have her day in court to prove her innocence.
Elizabeth eloquently proved her sanity with her day in court. She read from her journals and had many friends testify on her behalf. Theophilus, knowing the outcome of the trial, took his kids and ran away to Massachusetts. Since Elizabeth had no laws on her side when it came to her marital rights, she lost her children once again, but she was finally declared sane. The official court records read: “We, the undersigned, Jurors in the case of Mrs. Elizabeth P.W.Packard, alleged to be insane, having heard the evidence in the case, are satisfied that said Elizabeth P.W.Packard is SANE.” (Moore S, pg 38)
Elizabeth knew that she was the only one who could now fight for the rights of her friends who were still imprisoned while sane. She was determined to do everything in her power to make sure they all got fair trials as well. She took out an advertisement in the newspaper for people to invest in the publishing of her books. With the help of many friends she was able to publish her pamphlets and was able to make a living this way. Her books and pamphlets were a great hit and flew off the shelves. Because of their success she continued to write more and released many pamphlets to the public. Elizabeth did not stop there, she decided the law needed to be reformed for all women. Elizabeth decided to plead for the amendments of insanity laws in Massachusetts and with her help that was done on May 16th, 1865. She lobbied the Governor of Illinois for all the other women still locked up. Dr. McFarland was determined to roll back the law of 1865 as he tried to smear Elizabeth's name. She didn’t let that stop her and on February 12th, 1867 she spoke in front of the Illinois General Assembly and pleaded her case. She was so persuasive that the “Mrs. Packard’s Personal Liberty Law” passed unanimously and a jury trial was ordered for all incarcerated women in Illinois.
Elizabeth did not stop there, she continued to write and fight for women and gave lectures to all that would listen. 34 bills in 44 legislatures across 24 states were created because of her determination and grit. In April 1869 Elizabeth made her way to Boston to finally be reunited with her family again. Theophilus finally gave up and let her kids decide if they wanted to live with her. At that time she was a successful writer with 2 homes and over $10,000 in the bank and she has finally gained custody back of her now grown children.
Elizabeth had a voice she was not afraid to use. She did not let men silence her as she was wrongfully incarcerated. She fought for her rights every day until she was finally declared sane. She knew the struggles she had to go through to get to that point and so when she finally had the power to help other women like her, she made sure that she did everything she could to help them as well. She could have stopped after having gained her own freedom, but instead she lobbied and wrote her way to a bill that would ensure that women had the right to a trial when accused of being insane. Men no longer could just commit their wives when it pleased them. They were no longer seen as the husband's property but as individuals with minds of their own. Elizabeth's horrific experiences paved the way so that others would not suffer her same fate in the future.
Bibliography
E.P.W. Packard, The Great Drama; or, The Millennial Harbinger, 1878
Kate Moore, The Woman They Could Not Silence, 2021
State of Illinois, Kankakee County, official court order signed by Charles R. Starr, judge of the 20th Judicial Circuit of the State of Illinois, January 18, 1864
E.P.W.Packard, Modern Persecution, or Married Woman’s Liabilities, as Demonstrated by the Action of the Illinois Legislature, Vol. 2
E.P.W.Packard, Marital Power Exemplified in Mrs. Packard’s Trial, and Self-Defense from the Charge of Insanity; or Three Years’ Imprisonment for Religious Belief, by the Arbitrary Will of a Husband, with an Appeal to the Government to so Change the Laws as to Afford Legal Protection to Married Women
Stephen R. Moore, “The Great Trial of Mrs. Elizabeth P.W.Packard”, published in Marital Power Exemplified.
[Paper written for HIST 1500 class UVU Summer 2021]
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