Life
At the insistence of her parents, Elizabeth Parsons Ware married minister Theophilus Packard on 21 May 1839. The couple had six children. The family resided in Kankakee County, Illinois and, for many years, appeared to have a peaceful marriage.
But Theophilus Packard held quite decisive religious beliefs. After many years of marriage, Elizabeth Packard outwardly questioned her husband's beliefs and began expressing opinions that were contrary to his. While the main subject of their dispute was religion, the couple also disagreed on child rearing, family finances, and the issue of slavery.
When Illinois opened its first hospital for the mentally ill in 1851, the state legislature passed a law that required a public hearing before a person could be committed against his or her will. There was one exception, however: a husband could have his wife committed without either a public hearing or her consent. In 1860, Theophilus Packard judged that his wife was "slightly insane" and arranged for a doctor, J.W. Brown, to speak with her. The doctor pretended to be a sewing machine salesman. During their conversation, Elizabeth complained of her husband's domination and his accusations to others that she was insane. Dr Brown reported this conversation to Theophilus (along with the observation that Mrs Packard "exhibited a great dislike to me"). Theophilus decided to have Elizabeth committed. She learned of this decision on June 18, 1860, when the county sheriff arrived at the Packard home to take her into custody.
Elizabeth Packard spent the next three years at the Jacksonville Insane Asylum in Jacksonville, IL (now the Jacksonville Developmental Center). She was regularly questioned by her doctors but refused to agree that she was insane or to change her religious views. Finally, after public pressure, Mrs. Packard was brought out for a jury trial before Judge Starr of Kankakee City; the jury declared her falsely imprisoned, and she was released. In 1863, in part due to pressure from her children who wished her released, the doctors declared that she was incurable and discharged her.
When Mrs. Packard returned to the home she shared with her husband in Manteno, Illinois, she found that the night before her release, her husband had rented their home to another family, sold her furniture, and had taken her money, notes, wardrobe, and children and left the state. She appealed to both the Supreme Court of Chicago and Boston, where her husband had taken her children, but had no legal recourse, as married women in these states at the time had no legal rights to their property or children (see Coverture).
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