Library Collections: Document: Full Text


Modern Persecution, or Married Woman's Liabilities

From: Modern Persecution
Creator: Elizabeth P. W. Packard (author)
Date: 1873
Source: Available at selected libraries
Figures From This Artifact: Figure 1  Figure 2  Figure 3  Figure 4  Figure 5  Figure 6  Figure 7  Figure 8  Figure 9  Figure 10  Figure 11  Figure 12  Figure 13  Figure 14  Figure 15  Figure 16

Previous Page   Next Page   All Pages 


Page 24:

481  

"I wish to say in the presence of you all, that this is my act -- I, alone, assume all the responsibility of it -- these men are merely my agents carrying out my orders, therefore the acts are my own acts, not theirs, and upon me rests the entire responsibility of getting this portion of my own things. Those that I have not taken I claim as my own things, and shall take them when I think proper."

482  

We then left the premises unimpeded, but had not gone far' before we were overtaken by Mr. Dole on horseback, who was going in hot haste for a Sheriff to arrest us. But he could find no one, either in Manteno or Kankakee, who were willing to undertake such a prosecution!

483  

But by his persistency in going several times, and at last with his wife to Kankakee, and threatening to prosecute the officer who should refuse to act when called upon, he succeeded in finding one, whom he almost impressed into service, who did prosecute my men for riot and trespass!

484  

I claimed the right to be prosecuted for my own acts, and protested against prosecuting my agents instead of the one who employed them, but:

485  

"No, we can't prosecute you, for you are a married woman, and therefore are a nonentity, or nobody before the law 1

486  

"Does not the law hold me responsible for my own acts?"

487  

"Not in such a case -- your husband is responsible for your actions, but you are not responsible for your own! You must remember, Mrs. Packard, you have no legal right to hold any kind of property, while you are a married woman, therefore you have no right to defend any kind of property. For this reason you cannot be prosecuted, while your men can be, as they are regarded as responsible individuals before the law, while you are not."

488  

My men were prosecuted before a Justice, both for "riot" and "trespass," and bound over for trial before the court the next fall term -- about six months from date.

489  

I instructed my men to be sure and not compromise in any manner, but to stand their ground like men, and I would stand between them and all harm -- that I had received voluntary offers from two of the most influential lawyers in Illinois, one of whom then stood candidate for Congress, that they would defend any case of mine free of cost to me -- that I wished the case to come to trial as a test case, to ventilate the laws for married women -- that a trial of this kind might do more for the enlightenment of public sentiment on this subject, than any series of lectures could do.

490  

I told them in addition, that before the time for the trial I hoped to get my book into print, and by its sale I should raise money to pay their costs and fines if they had any to pay, so that in the end they should suffer no harm, if they stood their ground like men.

491  

I did as I proposed, printed my book and sold enough above all my expenses to pay my three lawyers at Kankakee, in full, for their defense of my case six months previously, and was fast laying up money for these men, when to my surprise I was informed that their fears had triumphed over their courage and manliness and they had agreed to return all my furniture to Mr. Dole and pay him two hundred dollars in addition!

492  

This they did without my knowledge or consent.

493  

While I was in Boston prosecuting my business, about a year from this time, I received a letter from one of these men, stating what they had done, and that Mr. Dole, acting as Mr. Packard's agent, demanded the two hundred dollars to be paid at once. They therefore wished me to send them the money as I had agreed.

494  

Following my impressions I counted out the money and found it took every cent I then had outside of my business, and then lacked fifty cents of being two hundred dollars. I accordingly wrote a letter acknowledging the debt as being one of honor, and saying:

495  

"Enclosed you will find a draft of two hundred dollars to meet it, &c."

496  

And took my money and letter and went to the bank to get my draft, hoping to sell a book on the way to get the fifty cents needed.

497  

At the door of the bank I met a gentleman waiting for the door to be opened, and I improved the opportunity by introducing my book to his notice, and as an inducement for him to purchase, I mentioned the pressing emergency which had brought me out in such a rainy morning and my lack of fifty cents to meet it.

498  

As it proved the banks did not open on this New Year's Day, and therefore we both seemed to have leisure for quite a lengthy discussion, which finally ended with these remarks from this stranger:

499  

"Mrs. Packard, I will buy your book," adding as he handed me the fifty cents:

500  

"I think I comprehend the case. Now, will you allow me to give you a little advice! I am capable of doing so. I am a lawyer of some note in this city, and have just returned from Washington where I have been sent on official business. My advice is, that you do not send this money to these men. It is neither a debt of honor or of justice. Your men have not complied with your conditions to stand a trial, and thereby help on the cause of married woman, for which you willingly would spend your hard earnings. But without your consent, they have done just what you had forbid their doing -- compromised -- and thereby have defeated your purpose to ventilate the laws. By so doing, I think they have forfeited all their claims on you to stand between them and all harm, since they have broken the terms of the contract themselves. Therefore, it is not a debt of honor.

Previous Page   Next Page

Pages:  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  37  38  39  40  41  42  43  44  45  46  47  48  49  50  51  52  53  54  55  56  57  58  59  60  61  62  63  64  65  66  67  68  69  70  71  72  73  74  75  76  77  78  79  80  81  82  83  84  85  86  87  88  89  90  91  92  93  94  95  96  97  98  99  100  101  102  103  104  105  106  107  108  109  110  111  112  113  114  115  116  117  118  119  120  121  122  123  124  125  126  127  128  129  130  131  132  133    All Pages