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62 pages 2 hours read

Kate Moore

The Woman They Could Not Silence: One Woman, Her Incredible Fight for Freedom, and the Men Who Tried to Make Her Disappear

Kate MooreNonfiction | Biography | Adult | Published in 2021

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Part 6, Chapter 48-EpilogueChapter Summaries & Analyses

Part 6: “She Will Rise”

Part 6, Chapters 48-51 Summary

Since Theophilus had stated in writing that she was invited to join him in Massachusetts with the children, she could not legally claim desertion. She considered divorce and did file but recognized that any claim she might have to her children would be rendered lost forever. Elizabeth’s case had made national news, not only as a story of personal interest but because of the unprecedented nature of the trial itself. Theophilus was widely criticized in the press, but when he began writing letters to defend himself, he was given a broad platform by the many publications that consented to publish his editorials. Elizabeth decided to compile a collection of her writings from the “asylum,” together with letters written by Mrs. Hosmer to Dorothea Dix and an account of her trial written by Steven Moore. In March 1864, she traveled to Chicago to source a publisher for this manuscript. Discovering the significant cost of printing, she published a smaller offprint, Reproof to Dr. McFarland for His Abuse of Patients. Through advertisements and networking, Elizabeth campaigned widely, selling her pamphlet and arranging for pre-orders of her full volume. This method was highly risky, as her behavior was perceived as bold, aggressive, and “unladylike.” In May of 1864, she published The Exposure. The anthology concluded with her appeal to those in positions of power to turn their attention and obligation as servants of their citizens to the plights of “asylum” patients. She sold thousands of copies nationwide. In March 1866, she published Marital Power Exemplified, focusing on the harm caused by the limitations of rights for married women. She began to travel nationwide to lobby for changes to the existing laws.

Elizabeth proposed a bill to clarify new Illinois law; in 1865, it was declared that those accused of “insanity,” including married women, were entitled to a jury trial before long-term commitment, but it was not retroactive. With signatures of 36 politicians, Elizabeth proposed amendments: all current patients previously admitted without trial must now be granted a hearing within 60 days, and fine or possible imprisonment would be assessed if psychiatrists failed to follow the procedures. McFarland campaigned to repeal the initial law, attesting that there had never been an issue of unsubstantiated incarceration at his “asylum.” On February 12, 1867, Elizabeth addressed the general assembly. Following her testimony, a surprise visit was made to Jacksonville. Inspectors declared that an oversight committee should exist above the superintendent and the trustees, as Jacksonville had been “subverted from its original and true design” (383). On March 5, 1867, Elizabeth’s bill was signed into law.

Part 6, Chapters 52-56 Summary

At Jacksonville, a scramble began to organize trials within the 60-day timeframe for all patients who had not received one upon admission. The administration feared that findings of “sanity” after years of incarceration could result in lawsuits. In May 1867, Senator General Allan Fuller headed up a team of five fellow politicians overseeing the correction of any abuses and misuses occurring at Jacksonville. They began investigating the trustees and McFarland to determine if there had been any dereliction of duty or abuse of power. A total of 22 patients and several former employees gave evidence; the committee was incensed to learn about the regularity with which McFarland dismissed reports of abuse and mistreatment. The committee felt obligated to allow McFarland to be present once allegations arose that McFarland had taken “improper liberties” with his female patients. McFarland told the committee that he believed it was his duty to take on the role of his “quasi-husband” and saw no issue with his conduct. During Elizabeth’s testimony, McFarland produced Elizabeth’s romantic letter to him, and the committee members were shocked, believing her unimpeachable in her integrity. Elizabeth, devastated and embarrassed, attributed it to her desperation and vulnerability. Fuller informed the trustees he had discovered that Jacksonville had been rapidly dismissing patients as “cured” in the wake of the new law and that he deemed it an attempt to cover their unjustifiable incarceration of patients they could not prove had a mental illness. The committee recommended the immediate dismissal of McFarland as superintendent. The trustees tried to suppress Fuller’s report, and Fuller responded by leaking the entirety of the document to the Chicago Tribune.

Furious at the assessment, McFarland became more zealous in his attempts to discredit and smear Elizabeth’s character, publishing her romantic letter in national publications. Undeterred, Elizabeth published Mrs. Packard’s Prison Life, her most successful work. It was a collection of the narrative experiences of six women’s experiences inside the “asylum.” By March of 1869, Elizabeth had purchased two properties and amassed significant savings, nearly $200,000 in 21st-century dollars. Her father, Samuel Ware, when reunited with her, became convinced that she had never been “insane” and that Theophilus had deceived him. In late May 1869, Elizabeth received a letter from her children asking if they could come to live with her in Chicago. Her two eldest sons decided to move in, too, so they could be together as a family once more in Elizabeth’s grand house on Chicago’s Prairie Avenue. Benevolently, Elizabeth allowed Theophilus to visit them. He lived in a nearby boarding house, and while she was cordial, she never allowed him any influence in her home nor extended any interest in developing a friendly relationship between them.

Epilogue Summary

Elizabeth’s legacy included passing 34 bills in 24 states, all of them progressive steps toward greater legal protections for women and those with mental illnesses. One of her greatest accomplishments, known as “Packard’s Law,” was a piece of legislation that gave “asylum” patients the right to receive and send mail without censorship. She spent 30 years advocating for the legal and social rights of women and those with mental illnesses. In 1878, Elizabeth raised enough capital to publish her original work, The Great Drama, in its original entirety, just as she crafted it in the “asylum.” With it, she included a work called The Mystic Key, her side of the relationship she had with McFarland, including her justification for writing the letter that had followed her throughout the three decades of her activism. In April 1870, her daughter Libby began to show evidence of a deterioration in her mental health, beginning a lifelong struggle that family members attributed to the extreme stress brought on by her traumatic separation from her mother and inundation with adult responsibilities. Theophilus blamed Elizabeth for their daughter’s ailment. In the 1890s, Elizabeth learned that Libby’s husband had placed her in an “asylum” in California, and Elizabeth immediately had Libby released to her. Elizabeth and Libby lived together in the front room of Toffy’s house, where Libby was occasionally locked inside for her safety. In 1897, Elizabeth died suddenly, succumbing to a strangulated hernia. Without her mother to care for her, Libby died in an “asylum” at 51.

To protect McFarland, in the wake of the recommendation that he must step down as superintendent of Jacksonville, all six trustees resigned from the board so that McFarland could retain his position. On June 8, 1870, McFarland voluntarily resigned and opened a private “asylum” in Jacksonville called Oak Lawn. The institution achieved great fame, becoming one of the nation’s most respected and sought-after locations for treatment. McFarland himself maintained a high profile in his professional community. McFarland’s attempts to control women were ill-received by his second wife, who ran away from their home at the “asylum” and filed for divorce citing cruelty and abuse. On November 22, 1891, Andrew McFarland, affected by swelling in his brain, which was steadily increasing, hung himself in a vacant patient room of his own “asylum.”

Part 6, Chapter 48-Epilogue Analysis

In her activism, Elizabeth appealed to the notions of Duty, Moral Obligation, Righteousness, and Advocacy for Others. She relied heavily upon flattery in that she framed her appeals for help by acknowledging that she was asking good men to protect women and other innocent, helpless members of society from men who were not acting within the bounds of acceptable manhood. She frequently openly suggested that if all men were like these men, the ones to whom she was appealing, women would have nothing to worry about, which would have constituted a significant boost to their egos during a period when virtue and reputation were considered of high value. This was especially so coming from a woman like Elizabeth, who displayed all of the virtues expected of Victorian women. There were few protections for women in the legal realm at the time. Cruelty laws prevented men from behaving outside the bounds of acceptable means of correction for their wives, children, and other female relatives. The threshold was similarly high, and it was often difficult to prove, even for women and children who were not accused of being “insane,” that a male member of the household was acting outside acceptable bounds. This was a period during which corporal punishment was permitted, and the enforcement of such laws against men, especially relatively upstanding, middle-class, property-owning men, was tempered by the perceived right to privacy and self-governance on the part of the husband to decide how to manage his household.

Similarly, a high threshold was proven to exist concerning how much leniency McFarland had been given in his dominion over the hospital. Not even the findings of a governmental inquiry were enough to ensure that he was ousted from his position. Though Moore doesn’t explicitly accuse McFarland of sexual abuse of his patients, she does include references to claims that he was not in keeping with the boundaries of propriety expected of either a Victorian gentleman or a physician. Elizabeth recalled how he once kissed her on the forehead and frequently stood quite close to her, inconsistent with the physical boundaries expected of 19th-century men and women. Given the whispers that made their way back to her and the helplessness and vulnerability of so many patients inside Jacksonville, it is entirely possible that McFarland targeted women who were sufficiently incapacitated or generally unreliable in their narratives that he could take advantage of, particularly if they did not have family or social status which protected them from such an egregious form of interference with their bodily autonomy.

In each other, Theophilus and McFarland each had a coconspirator; both were egotists equally convinced of the unquestionable veracity of their own opinions and either unable to perceive or, if aware, entirely unfettered by the significant extents to which they both failed to live up to and often audaciously deviated from the standards placed on them personally and professionally. While myriad factors undoubtedly contributed and those most impactful in his choice can only have truly been known to himself, McFarland’s decision to end his life may have been impacted by his knowledge that his illness would steadily progress and inevitably place him in a situation in which he would have to surrender his superiority and position of authority due to medical incapacitation. Having read of the lengths he went to try to preserve his reputation and position, relentlessly and at Elizabeth’s expense, it might be concluded that a potential scenario requiring him to relinquish his status was unacceptable to him. Further, he may have been doing everything in his power to make sure he never ended up in the role of patient in an institution, familiar as he was with how powerless he would have become and the degree to which another’s will could be imposed upon him and the helplessness and harm which might ensue.

Libby’s story might be considered the ultimate tragedy of Elizabeth’s life; by stripping Elizabeth of her physical liberty, Theophilus did not anticipate she would find her voice, and that her quest for justice would be ignited, but finally freed from him she could preserve even under similarly oppressive circumstances. Libby, by contrast, as Elizabeth’s only daughter, was not only deprived of the love, companionship, and guidance that her mother could have provided but was brainwashed into believing that her mother was “insane” and then forced into domestic servitude by a father who had always been severe and cold with the children. Moore mentions recent research that supports the notion that Libby’s struggles with mental health were indeed likely caused by her separation from her mother and that the Packard family firmly believed that the isolation from her mother and the fracturing of all the relationships between Elizabeth and her children were the catalyst for Libby’s experiences with mental health. Elizabeth’s sadness and fear were founded on her understanding of what Libby would endure in a hospital if she were to remain in one indefinitely, but that is exactly where Libby ended up when Elizabeth was no longer alive to take care of her.

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