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To AVOID FINES return on or before date due. MAY BE RECALLED with earlier due date if requested. DATE DUE DATE DUE I DATE DUE W flLJat in 82.065 . l 2 1 U 2": 2222 97% 1:29:13 '3 211?] L‘ 5 o“ 3 u 6/01 cJClRC/DateDuepes-ms DEALING WITH DEGENERACY: MICHIGAN EUGENICS IN CONTEXT By Jeffrey Alan Hodges A Dissertation Submitted to Michigan State University In partial fulfillment of the requirements for the degree of DOCTOR OF PHILOSOPHY Department of History 2001 ABSTRACT DEALING WITH DEGENERACY MICHIGAN EUGENICS IN CONTEXT BY Jeffrey Alan Hodges This study examines how changes in the philosophical constructs, organization and practice of medicine interacted with evolving systems of social and institutional care to promote negative eugenics measures. As the legal climate changed in regards to such policies, physicians, directors of correctional, training, support and charitable institutions, and other social reformers sought to apply sterilization laws as a response to a perceived increase in the levels of social degeneracy. Physicians were instrumental in providing “scientific” validation for eugenic policies, therefore the publications and personal correspondence of two eminent Michigan physicians, John Harvey Kellogg and Victor Clarence Vaughan, were examined to elucidate their respective eugenic beliefs and influences upon policies within the state. Both physicians possessed eminent reputations at the state and national level, and represented the two principal hereditarian perspectives in eugenic thought, in effect, Lamarckian versus Mendelian inheritance. National and state records on the number of compulsory sterilizations as compiled by the Human Betterment Foundation, the Association for Voluntary Sterilization, Birthright, Inc., and the Sterilization Records of the Archives of the State of Michigan were analyzed to determine the range of policy variation between states. Individual sterilization request records and the included supporting information from Michigan records along with collateral communications between state departments, courts and institutions in conjunction with contemporary professional and lay literature on eugenics show the evolution of contemporaneous practice and philosophical constructs within the state and nation. This analysis demonstrates the wide range of variation in policy between counties, states and nations. Practices varied over time with regard to patient categories and the extent to which such policies were applied to the relevant patient populations. Issues of institutional management (i.e. available personnel, parole, behavioral management), changing public discourse and judicial findings acted to modify programs throughout the period of study. Copyright Jeffrey Alan Hodges 2001 For my Parents Their Nature and Nurture Forever Entwined Acknowledgements The assistance of Dr. Le Roy Barnett and his staff at the Archives of the State of Michigan were instrumental in providing initial direction and information on the scope of Michigan’s eugenic program and thus helped enormously in bringing this project to fruition. Likewise, Dr. Davis Klassen and his staff at the Social Welfare History Archives of the University of Minnesota provided invaluable assistance in determining the regional and national contexts through the use of their extensive records. Additionally, I would like to thank the staffs of the Taubman and Bentley Libraries of the University of Michigan for their assistance in researching the personal and public records of Drs. John Harvey Kellogg and Victor Clarence Vaughan. My professors, graduate colleagues and students at the university, the medical staffs and friends made and known throughout my medical career all provided a broad range of input and example regarding the development of my thoughts on this subject. Unfortunately, they are too numerous to name individually, but my heartfelt thanks is given to one and all. Finally and most importantly, I must acknowledge my parents, who through their instruction, support and example, provided me an inclination and opportunity to develop what I hope is a fair and equitable treatment of this subject. vi TABLE OF CONTENTS Dedication Acknowledgements Table of Contents Introduction: Chapter One: Humoral Continuities Chapter Two: Evolution of the American Medical Profession Chapter Three: Professing American Eugenics Chapter 4: Personal and Professional Paths to Eugenics Chapter Five: It’s the Law Chapter Six: Michigan’s Eugenie Success? Chapter Seven: Michigan in Context: The National Perspective Chapter Eight: The International Context: Eugenics Promoting Sterilization Chapter Nine: The International Context: Eugenics Without Sterilization Chapter Ten: Conclusions Literature Review Bibliography vii vi vii 11 33 65 98 130 161 192 233 270 296 325 345 Introduction This study deals with a particular kind of eugenics, negative eugenics, the study and elimination of dysgenic traits from within a population. In its most radical form this led to the promulgation of laws mandating compulsory sterilization and in some cases euthanasia. Specifically, this work explores Michigan’s experience with compulsory sterilization and seeks to contextualize it within the national and international contexts of those evolving secular, industrializing, technocratic states with eugenic movements. While a historical analysis of the development of eugenics in Michigan demonstrates a particular set of qualifying factors peculiar to that state, it also reveals the multiplicity of factors that led to the adoption of such laws and the evolving use of the statutes. Almost every regime that implemented such legislation did so for a variety of reasons particular to their own circumstances. In contrasting Michigan’s circumstances with those of other jurisdictions, the philosophical underpinnings their decisions often shared reveal not only the frequent desire for “scientific” solutions to a range of social ills, but also a flexibility in promoting eugenic prescriptions in a variety of differing political, demographic and cultural settings. Eugenics promised a science that would bring together information from diverse fields of empirical study making possible solutions for what many perceived as the imminent biological, social and cultural degeneration of their societies. Perceptions on the magnitude, causes and solutions varied with locale and time. In different times and places, a consensus of political, social and scientific authorities came together to promote negative measures as a solution to a specific perception of social ills peculiar to each legislative entity. Due to the particular federal system of government in the United States, these laws were promulgated at the state level, in most other nations they were at the national level. This thesis extends previous works on eugenics by providing an insight into the public and private pronouncements of two of Michigan’s most eminent physicians, Drs. John Harvey Kellogg and Victor Clarence Vaughan, who spoke often and forcefully on the subject. These two men’s positions of authority in government and in professional circles reveals the contemporary professional zeitgeist regarding eugenic thought and practice. Vaughan and Kellogg’s eugenic perspectives display the diversity of views on inheritance and the nature of disease processes and how such seemingly disparate positions could be reconciled to a policy of radical intrusion into the sexual autonomy of the state’s citizens. Michigan’s eugenics movement was an early and strong proponent of compulsory sterilization as a tool in the fight against hereditary social degeneracy; Michigan being the first state to propose such legislation and seventh to adopt. As in many other locales, eminent physicians seemed to provide the expert opinion that not only promoted such legislation, but also aided in the practical application of such laws. Because this study also includes previously unavailable archival research on the demographics of eugenic sterilization it helps establish the particular distribution of patient types within Michigan’s program. The data on actual practice has been sadly lacking since the production of Moya Woodson’s North Carolina study over fifty years ago. As such, this thesis provides a demographic study that aids in the comparative analysis of eugenic practice not found in most intellectual histories on the subject. Thus, this thesis provides a concrete example of policy and practice that allows more direct comparisons with the few other studies of sterilization laws and programs in other states and nations which provide similar information (i.e. Larson and Broberg & Roll-Hansen). In that most recent works on eugenics and compulsory sterilization focus on intellectual history, this work furnishes information and comparisons seldom available in other examinations of eugenics policies in the United States. Variation in the implementation of such policies occurred at virtually every level of institutional and governmental organization. Differences in practice between states and nations with such laws revolved around a constellation of issues particular to place and time. Provinces, states, counties, and individual public and private institutions often charted their own courses as to how and when to apply these measures. These deviations resulted from religious, moral, political and sociological differences among those responsible for executing the provisions of these laws and at times the lay public. Michigan displayed its own particular range of these variations and in so doing, provides a valuable set of comparisons with the few other well-documented programs. Eugenics in Michigan was in many ways similar to movements throughout the industrialized world as would be expected in a political entity such as an industrializing Mid-West state. Regional diversity in the application of negative eugenic measures among counties and institutions reflected patterns in many other states, and likewise changed over time as it did in other states. Differences in these patterns were often contingent on when such measures were enacted. The legal status of the laws (e. g. constitutionality issues) and perceptions of the utility of the measures for the general or institutional populations changed over time and thus practice varied accordingly. Again, Michigan’s example is instructive in that its laws were adjusted to the changing legal climate and several of the judicial challenges to the law set important legal precedents. Local, national and international eugenics societies provided means of sharing an evolving body of eugenic knowledge, but these platforms presented diverse and disparate perspectives, which individuals and groups used to advance agendas particular to their own concerns. So dissimilar were these perspectives that many opponents to the eugenics movements claimed it was not a science at all. Michigan physicians, though often diverse in their philosophical outlook on eugenics, were instrumental in providing the cover of “scientific” support for such policies. Whether eugenics, the “science of being wellborn,” was a science is best answered by analogy. While climatology is considered a science, the pronouncements made by its practitioners and sundry interested parties regarding the causes and effects of global warming vary. Some see imminent peril for ecosystems throughout the world as a consequence of modern societies’ alterations to “natural” ecosystems, while others see a natural cycle little affected by human actions. Considering the incredible complexity of global weather patterns and the inadequacy of their modeling techniques, researchers call for more study, while those discerning changes affecting the ecological systems of the world call for action before further, possibly irreversible, deterioration occurs. Perceptions on the problem differ from society to society and within societies depending largely upon a subjective cost-benefit analysis of those concerned. Eugenics at the beginning of the twentieth century provides a similar situation for analysis of the sociology of knowledge in different societies. The study of eugenics covers a wide array of scientific and social endeavors. People of virtually all political persuasions and religious passions could find something in eugenics from pronatalist to birth control advocacy. This study deals with a particular kind of eugenics, negative eugenics, the study and elimination of “dysgenic” traits from human populations. The science of eugenics drew on many different fields of study: physical anthropology, criminal anthropology, genetics, biometrics, zoology, botany, criminology, social statistics, psychiatry, the social sciences and many as yet undelineated subspecialties of the biological sciences. Its proponents were generally reformers, which is not to say that some reactionary conservatives didn’t also find something of use to their agendas. Most eugenicists, professional and lay, perceived an evolving threat of accelerating social degeneracy. New bureaucratic structures and their elaborating means of accumulating data provided a plethora of information supporting such arguments, but unfortunately, suitable means of analyzing the information had yet to mature causing a great deal of uncertainty as to the magnitude of the problems. Eugenics seemed to promise a way of avoiding the threat of imminent hereditary degeneration within advanced societies and possibly implementing proposals that would lead to a higher evolution of the human species. Evidence for degeneration in industrial societies arose from numerous sources. Statistics on increases in crime, alcoholism, prostitution, pauperism, degenerative diseases and most frighteningly supposedly inherited mental and physical disorders led many to believe that these societies faced an array of problems that conceivably would result in regression if not social collapse. Michigan eugenicists revealed these same fears and spoke forcefully for preventative eugenic action in dealing with the perceived increase in social degeneracy, though supporters often revealed vastly different perspectives on the causes of such degeneracy. Most believed that the problems of modern society arose from within as they were seemingly unknown in less advanced societies. Blame was laid at the feet of social welfare programs seen as supporting the reproduction of dysgenic elements in society (e.g. poor relief and institutional care), differential birth rates among various segments of the population and the social mores that some considered responsible for these changes (e.g. upper and middle class reluctance to raise large families), changes in personal behaviors (e. g. use of intoxicants, prorniscuity and even changes in dietary practices), and environmental degradation. Each state and nation that chose negative eugenics as a means of dealing with these problems did so based on their own analysis of their perceived problems, but not without input from national and international compatriots. Almost everywhere where such legislation was enacted, common perceptions as to the causes of a diverse range of social dilemmas, specific to each locale led to a community of interest that cut across political, social and intellectual borders. Michigan doctors, Kellogg and Vaughan, demonstrate the breadth of communication among eugenically-minded physicians within the state, national and international scientific communities. Being from a family, all of whom work or worked in the biological sciences, specifically medicine, and thus being a biologist at heart, I visualize and analyze history from a scientific perspective, one tinged with a great deal of the biological in the broadest sense. For this reason, as a means of analyzing complex situations or historical forces, I use a multifactorial approach, which seeks to look at changes in evolving societies of knowledge, development and elaboration of economic, institutional and governmental systems, social and political perceptions of the internal and external forces influencing the health and well—being of the state, and finally the influence of individuals in promoting or dispelling consensus on issues of compulsory sterilization. Michigan provides a good example of how a local sociology of knowledge interacts with those more encompassing bases of knowledge at the national and international levels. Because of advances in the health sciences in the latter half of nineteenth century, physicians became the contemporary authorities on a range of issues associated with contemporary social problems. This was a natural evolution, in that, the most evident progress in efficacious public health measures first emerged from the efforts of sanitationists, many of whom, like John Snow, were physicians using a new scientific understanding to advance their knowledge of disease processes. So successful were their efforts across a broad range of medical pursuits (e. g. public health, surgery, psychiatry, epidemiology and pathology), that with the advent or transformation of allopathic training into a science based medical practice, these practitioners epitomized in medicine what was a culture wide trend towards the rationalization (i.e. application of scientific principles of analysis) of complex social and technological relationships. Physicians interested in social issues and armed with new scientific methods and philosophies began to “biologicize” social problems as means of making them amenable to treatment. Drs. Kellogg and Vaughan as two of the state and nation’s most important medical educators furnish examples of two very different philosophical medical, eugenic and scientific outlooks and how they came together to promote a radical eugenic policy. Bureaucracies set up to manage the problems associated with the urbanization and industrialization of society became increasingly technocratic in outlook as a means of comprehending the type and magnitude of the difficulties they faced. Because many of these issues seemed to be of a novel biological nature (increases in individual social dysfunction) the public increasingly looked to doctors for remedies to society’s ills and physicians often willingly provided such prescriptions. For many, eugenics provided a scientific philosophy for analyzing and treating those social afflictions that could be associated with heredity. Physicians as publicly recognized experts in biology, particularly human biology, provided authority for eugenic analyses and solutions. Doctors, who were particularly esteemed for their skills and contributions in the pursuit of knowledge, were especially influential in persuading the public and government to view social problems from a eugenic perspective and concomitantly to adopt eugenic measures. What underlay the appeal of their message was their ability to tap into a widespread prior understanding of heredity by garbing it in the trappings of modern scientific philosophy. The conjunction of earlier hereditarian beliefs with a new scientific rationale colored and promoted a certitude that would often lead to secular actions seldom before contemplated. Because I believe that eugenics constituted a scientific pursuit and that it represented a primal tension in human society between the drive to reproduce and societies’ decisions on the allocation of finite resources, it is important to trace the historical beginnings and evolution of mankind’s understanding of heredity. Chapter One covers the development of these understandings and the proposals that emerged from these beliefs. The change from a humoral understanding of heredity to one based on the Darwinian idea of evolution and eventually the genetic mechanism for these evolutionary changes figures prominently as a means of understanding the continuity of hereditarian beliefs. Advances in the biological sciences and in particular medicine made possible negative eugenic measures, specifically human sterilization. Because of the increasing efficacy of medical treatments, the prestige accorded to physicians led to their preeminence as authorities in fields associated with the biological sciences. The elaboration of their professional organizations and their impact on creating local consensus on eugenics issues is explored in the second chapter. The third and fourth chapters discuss the national and state medical and eugenics movements with particular emphasis in the latter chapter on the roles played by Drs. Victor Clarence Vaughan and John Harvey Kellogg in the Michigan arena. Their personal histories and influences were of particular importance to creating a consensus for the adoption of such laws, and thus are explored in some depth. Chapter Five deals with the implementation of such laws in various states and the impact of legal decisions upon the execution of such laws. Changing legal circumstances affected the implementation and comprehensiveness of the laws and is of great importance to understanding the diversity in state and national practice. The sixth and seventh chapters explore what Michigan sought to accomplish and what actually occurred. These chapters highlight the variation of practices in Michigan that reflect similar disparities in the national context. The latter chapter specifically seeks to illuminate the variety of measures in the United States and present some sense of the regional and temporal variations. Chapters Eight and Nine describe the international scene with the eighth chapter specifically dealing with those nations that implemented such legislation and the ninth chapter looking at those nations with active eugenics movements and no such legislation. Because of the association of Nazi eugenics policies with the downfall of eugenics, Chapter Eight goes into some depth as to the adoption, use and evolution of such eugenic measures. Chapter Nine examines the role of individuals, and political, social and religious philosophies that prevented the adoption of such measures. The latter chapter, by providing a comparison of those eugenics movements that were unable or unwilling to advance negative eugenic measures, demonstrates how important particular pieces of eugenic promotion were to accomplishing eugenicists’ goals. The final chapter presents my conclusions on the significance of eugenics in the past. present and future, and the reasons for such widespread variation in practice and the underlying motivations for such measures. 10 Chapter One: Heredity and its Relationship to Society Theories regarding the importance of heredity to society were not new, but the theory of evolution, when summarized without Charles Darwin’s nuances as simply “survival of the fittest,” provided eugenicists with a means of constructing a hereditarian paradigm of social relationships with profound repercussions not only for those designated as “unfit,” but in the most extreme case (e. g. Nazi Germany) for whole populations as well. The expansion of biological knowledge in the 19th and early 20th centuries provided a means of conceiving both societies and the individuals who comprised them as biological entities competing within and without for success in a ruthless endeavor to propagate their kind. The detriment to those less able to compete in the pursuit of survival and propagation was assumed to be a necessary evil even though it required that those less “fit” succumb so that those more “fit” survived and advanced. Concepts of fitness often reflected racialist and class biases intrinsic to the class and /or race seeking to privilege a definition of its own fitness over its competitors. This chapter provides an overview of how concepts of heredity changed over time and how transformations in biology provided a basis for eugenic philosophy and by their influence among the educated middle classes made possible policies of eugenic sterilization. Such policies arose from a fear that social degeneracy was on the rise and threatened the maintenance or progress of modern industrializing societies. Social degeneracy meant different things to different people though most agreed that an increase in the number of certain categories of people constituted a threat to contemporary social structures. What remained much more vague were the reasons behind such increases in the proportions of the “socially unfit” and what should be done about it. For many 11 eugenicists, the root cause was the propagation of socially dysfunctional individuals whose failings were in large part of a hereditary nature. Ironically, the origin of modern eugenics resulted from one man’s interest in the propagation of the “most fit.” In the mid-19th century, Sir Francis Galton, a pioneer in the use of statistics, put forth the modern exposition of eugenics, the scientific study of human heredity and its applications to social progress. After reading his cousin, Charles Darwin’s Origin of Species, Galton’s preoccupation with statistics led him to review encyclopedias of eminent men in an attempt to ascertain the nature of their propagation.l In his first important book, Hereditary Genius: An Inquiry into its Laws and Consequences (1869), Galton published his findings and proposed that a system of arranged marriages between men of distinction and women of wealth would eventually produce a gifted race. Galton’s study of the pedigrees of outstanding men demonstrated to him that those of great ability had a remarkably large number of relatives of near equal ability, far more than random chance would allow. His statistical method was based on the use of a Gaussian distribution or “the law of error,” known more commonly today as the normal bell curve. From this he assumed ‘ Kevles, Daniel. In the Name of Eugenics: Genetics and the Uses of Heredity. (Berkeley: University of California Press, 1985) pg. 3-13; Both Darwin and Galton’s careers reveal the connection between medicine and eugenics. Like Darwin, pursuant to his family’s desires. Galton initially pursued a career in medicine at Kings College Medicine School where he compiled an outstanding record in his first year. Yet, like Darwin he found he abhorred the field and went on to Cambridge to read mathematics. Failing to place a first, he accepted a pass and returned to the study of medicine until his father’s death and a large inheritance left him free to pursue other interests. He embarked upon travels throughout the Middle East and Africa. His exploits and diplomacy among the Damara, Namaqua and Ovampo of southern Africa in the early 18503 and the accurate maps he made during his travels earned him a Gold Medal from the Royal Geographical Society in 1852 and membership shortly thereafter. His geographical exploits also led to membership in the Athenaeum Club, a mark of his scientific eminence. Thus like Darwin, Galton established his scientific credentials through a system of peer review, which led to a wide ranging credibility. Galton often said, “Whenever you can, count.” This would epitomize most of Galton’s career and interests. His fascination with statistics led to varied and sometimes unusual observations. His statistical observations led him to produce the first weather maps of Britain in the 18605, to attempt to perform a numerical analysis of fingerprints making him a pioneer in their cataloguing. 12 that intellectual ability was normally distributed, in effect, there were an equal number of men above and below the intellectual mean of the population. Yet some families seemed to consistently produce gifted individuals. Galton’s research was constrained by a lack of data as the field of statistics was new itself and thus seldom applied to the biological investigations of the time. In the 1870s he began a study of the sweet-pea plant, Lathyrus odoratus in an effort to establish certain statistical principles in the measurement of hereditary characters. His observations led him to derive the “coefficient of reversion” wherein the mean of daughter groups fell closer to the mean than did the parental groups, which be interpreted to mean that the characteristics of the offspring were products not only of the parents but of their numerous forebears. In 1884, in an effort to procure more direct information on the nature of human heredity, Galton helped establish the Anthropometric Laboratory at the International Health Exhibition which within the span of a few months had collected data on some 9000 people. At the same time he published the Record of Family Faculties a questionnaire on human heredity with prizes of up to 500 pounds offered for the most complete sets of family data. With the data from these surveys, Galton proceeded from his analysis to derive the “coefficient of correlation,” which provided a measure of the degree to which one variable might be related to another, either positively or negatively. In 1889, Galton published his findings in the scientifically influential Natural Inheritance. Though the work contained many faulty conclusions on the inheritance of disease, artistic faculty and alcoholism to name only a few, the methodology seemed to indicate a scientific basis for understanding the nature of heredity. Yet, there remained several problems for Galton’s eugenical program. First, the coefficient of reversion 13 stipulated that the progeny of a given population selected for its extremity from the mean for a particular trait, if allowed to breed freely would regress to the mean of the initial population. For the Lathyrus odoratus used in Galton’s study, this meant that the heavier seeds selected to reproduce would if not selected again in each generation ultimately revert to the mean size of the initial population. The implications for human heredity would be the same; failure to select in each generation would lead to regression towards the mean of the population, in height, weight, intelligence, et cetera. Only the predorrrinating influence of nurture, laws, and customs had power to modify the natural disposition of a people. Regression, or the coefficient of reversion seemed to present an insurmountable problem to Galton’s dream of breeding a more gifted race of Englishmen. Yet Galton continued to insist that heredity was responsible for the propagation of gifted individuals though in the preface to the 1892 edition of Hereditary Genius he admitted that “the great problem of the future betterment of the human race is confessedly, at the present time, hardly advanced beyond the state of academic interest.”2 The implications of regression for Darwin’s theory of natural selection were equally unpalatable. The coefficient of reversion suggested that the evolution of new forms could not come about through the environmental pressure to select for small variations however adaptive they might be. Animal breeders had long known about the regression to the natural type and the need to maintain selection pressure to keep the breed true. The answer seemed to be that consistent selection pressure was required to maintain distinct species. The problem for both Galton’s and Darwin’s theories of 14 heredity was that they had failed to demonstrate the physiological method of inheritance. Darwin developed his own theory of gemmules as the repository of genetic information, but other than narrring the particles gemmules, Darwin’s pangenesis exposition remained little changed from Hippocrates’ explanation.3 In the 1870s, Galton in an experimental challenge to pangenesis found that gray rabbits whose blood had been mixed with that of white rabbits (thus with circulating white gemmules) continued to breed gray rabbits not mongrels, disproving his cousin’s hypothesis. Yet, as late as 1890, Michigan physician and eugenicist, John Harvey Kellogg continued to explain in Larnarckian terms how the early onset of sexuality affected heredity features through Darwin’s gemmules. “If the body is still incomplete, the reproductive elements must also be incomplete, and, in consequence, the progeny must be equally immature.” Thus, reproduction by immature individuals resulted in- children afflicted with a range of “congenital maladies” reflecting a related immaturity of the genetic material.4 2Kevles. pg. 19 3 Hippocrates. Airs WaterL and Places. Hippocrates elaborating on his theory of how such deleterious somatic changes become inheritable explains that, “semen comes from all parts of the body, sound from the sound parts, and unhealthy from the unhealthy parts,” carried by the blood to where it is gathered in the reproductive organs; On the Sfld Disease. Scr. 8: 27 (Pennsauken: World Library, 1996) Referring to epilepsy, he states the same mode of transmission (i.e. semen) to children, with the somatic disturbance centering in the brain. " Kellogg. Plain Facts. Pg. 288, Regarding early maturation and masturbation, Kellogg noted the following congenital effects. “If sterility does not result, children are liable to be "delicate, puny, decrepit, or subject to various congenital maladies, especially of the nervous system, to idiocy from deficient development of the brain, to hydrocephalus, to epilepsy, convulsions, palsy. The scrofulous diathesis, tubercular and glandular maladies, diseases of the vertebra and of the joints, softening of the central portions of the brain, and tuberculous formations in the membranes, palsy and convulsions, chorea, inflammations of the membranes or substance of the brain or spinal cord, and numerous other affections to which infants and children are liable, very commonly result from the practice of self-pollution by either of the parents previous to marriage. But the evil does not always stop at this epoch of existence; it often extends throughout the life of the offspring, or it appears only with puberty and mature age." 15 The elucidation of the laws of inheritance fell to another cleric-botanist, Gregor Mendel.5 Unfortunately for the grandsons of the eminent English physician Erasmus Darwin, Mendel published his findings in the proceedings of a local naturalist society in Brunn, Austria, whose readers failed to recognize its significance. It was not until 1900, 16 years after Mendel's death, that his work was rediscovered independently by Hugo de Vries in Holland, Carl Erich Correns in Germany, and Erich Tscherrnak von Seysenegg in Austria.6 Galton’s most obvious mistake was not realizing his coefficient of reversion was a product of measuring traits spanning a continuum of variation: e. g. height, weight and intelligence. If he had chosen to statistically analyze traits with distinct binary choices (e. g. eye color), he would have found the same patterns of inheritance Mendel had discovered. This dominant-recessive inheritance pattern would have shown Galton and Darwin a means by which hereditary characteristics could be maintained and variably expressed within a population. What eluded these 19‘h century researchers of heredity was the physiological mechanism of genetic stability and change. They consistently relied on a hereditarian sGarrison, Feilding. History of Medicine. (Philadelphia: W.B. Saunders, 1966) pg. 516, 670—671 In 1866, Gregor Mendel published his findings on the common pea plant, Pisum sativum. His methods differed in two essential respects from those of his predecessors. First, instead of trying to describe the appearance of whole plants with all their characteristics, Mendel followed the inheritance of single, easily visible and distinguishable traits, such as round versus wrinkled seed, yellow versus green seed, purple versus white flowers. Second, he made exact counts of the numbers of plants bearing this or that trait; it was from such quantitative data that he deduced the rules governing inheritance. Initially, Mendel believed that the dominant “bloods” consumed the recessive. When Mendel allowed the hybrid plants to self- pollinate and produce the second hybrid generation, both the dominant and the recessive traits reappeared. as pure and uncontaminated as they were in the original parent population. Moreover. these traits now appeared in constant proportions: 3/4 of the plants in the second generation showed the dominant trait and 1/4 showed the recessive, a 3 to 1 ratio. Mendel ‘3 description of how the “bloods” comprised the agents of hereditary traits again shows the continuing influence of humoral interpretation. 6 Henig, Robin. The Monk in the Garden: The Lost and Found Genius of Gregor Mendel, the Father of Genetics. (Boston: Houghton Mifflin, 2000) Pg. 114, 124-126143-144; Ironically, Mendel apparently sent Darwin a uncut reprint of his findings, which Darwin never read, that well might have led Darwin to a 16 paradigm in which some essence of somatic variations passed through the blood leading to changes in the semen and eggs; exactly the opposite of what is understood today.7 Michigan eugenicist physicians, John Harvey Kellogg and Victor Vaughan eventually agreed that what the German biologist August Weismann called the “germ plasm,” (i.e. the as yet unspecified but stable hereditary material in spermatazoa and oocytes), was the focus of hereditary stability and change. The Mendelian Vaughan held that somatic modifications followed from alterations in the germ plasm, not vice versa. Yet for some like Kellogg, the biases of the prior medical paradigm continued to influence beliefs about the nature of heredity even after embryologists had made this point clear. Through the ensuing decades, advances in statistics and the natural sciences seemed to provide a scientific basis for this new science and data to support the contention that a social crisis of hereditarian nature existed. The eugenic philosophy and its broad acceptance among the professional and lay public largely depended upon a philosophical perspective that celebrated modern science and technology as means of analyzing and ameliorating such a crisis. Though reformers of various stripes advocated eugenics, biologists and most particularly physicians, became the leaders in influencing governments and the public as to the benefits of such policies. method of explaining the physical process of inheritance. Henig suggests that Darwin’s lack of facility with numbers though would have made his cousin, Francis Galton a better choice for Mendel’s mailing. 7 Kellogg. Plain Facts. Pg. 467-468, Kellogg demonstrated the classical view in this regard stating, "The sperm is the purest extract of the blood .”; Pg. 104-105, Kellogg elaborated on the mechanism, “The doctrine of pangenesis supposes that these centers of nutrition form and throw off not only cells like themselves, but very minute granules, called gemmules, each of which is capable, under suitable circumstances, of developing into a cell like its parent. These minute granules are scattered through the system in great numbers. The essential organs of generation, the testicles in the male and the ovaries in the female, perform the task of collecting these gemmules, and fornring them into sets, each of which constitutes a reproductive element, and contains, in rudimentary form, a representative of every part of the individual, including the most minute peculiarities. Even more than this: it is supposed that each ovum and each zoosperm contains not only the gemmules necessary to reproduce the individuals who produced them, but also a number of gemmules which have been transmitted from the individual’s ancestors. If this theory be true, -- and we can see no sound objection to it, - it is easy to understand all the problems of heredity.” l7 In its more benign form, eugenics cast certain socially dysfunctional members of society as the hereditarily “unfit” within, a growing cancer to be excised or at least put into remission. The most malignant form held that controlling the cancer within was a prior necessity for survival among peoples involved in a global Darwinian struggle for existence. A brief examination of the philosophy behind the most encompassing example of state sponsored eugenics policies demonstrates to what extremes the philosophy could be logically taken. In Germany, a radical eugenic philosophy led to a “logical” conclusion in which millions died to supposedly preserve or promote a peoples’ chances in the global competition for cultural and racial survival. Hitler had appealed to the German people for the creation of a “biological state.” By this he meant a state which would compete on the world stage through policies emerging from an ideology, which he referred to as applied biology. Eugenics was the science on which this ideology was to be founded. Eugenics, as a leading American eugenicist, Charles Davenport, defined it was “the science of the improvement of the human race by better breeding.”8 To the Nazis this meant the propagation of the Aryan or Nordic “race” at the expense of other competing ethnicities. Ultimately, “the applied biology” of the Nazi state called for not only the “propagation of the most fit,” but the elimination of those who did not or were perceived as not being able to serve the interests of the state. The Nazi regime would apply both positive and negative eugenics to the people within its control in an effort to maximize their usefulness to the “biological state.” 8 Davenport, Charles. Heredity in Relation to Human Breeding. (New York: Henry Holt & Co., 191 l) pg. 1 18 Negative eugenics, the prevention of propagating “lives unworthy of living,” ranged from the Nuremburg codes restricting marriage to the outright genocide of those deemed “useless eaters” and “inferior peoples.” Positive eugenics, the process of promoting the propagation of those deemed superior, was also encapsulated in the Nuremburg marriage codes and the related state tax policies. One aspect of Nazi positive eugenics was known as Lebensbom, or "Spring of Life." Historian and psychiatrist, Robert Lifton noted that, Heinrich Himmler had created this institution as part of his plan "to breed the SS into a biological elite, . . . [a] racial nucleus from which Germany could replenish an Aryan inheritance now dangerously diluted through generations of race-mixing." Lebensborn administered welfare assistance to SS families in the service of "racially valuable" children, and extended maternity and childcare facilities to married and unmarried mothers. But Lebensbom also engaged in the kidnapping of "biologically valuable" children (those who met Nordic criteria) in occupied areas, some of them fathered by German occupiers. The goal of all these policies was to improve the state and the “race” through eugenic selection. This set of policies followed from a relentless logic framed in evolutionary terms of competition between the fittest for survival and thus propagation, or vice versa (i.e. fittest for propagation thus survival), in a vicious cycle of evolutionary competition. This competition and the resulting “survival of the fittest” was not just between individual , members of a society but between societies in terms of resources, systems of governance, culture and ultimately national/racial survival. The logic of this ideology of national/ racial competition delineated not only other societies as competitors to be supplanted by 9 Lifton, Robert. The Nazi Doctors: Medical Killing and the Psychology of Genocide. (New York: Basic Books, 1986) pg. 43. 19 the “superior stock” in this national/racial competition but also the members of ones own society who burdened and undermined the society’s competition in the struggle for existence. Such ideas were certainly not new in the sense that civilized peoples had not observed the results of heredity or the competition between societies. Proposals for ameliorating undesirable qualities of the human race date from ancient times. Plato's Republic depicted a society, in which there would be an effort to improve human beings through selective breeding.10 Little doubt this type of reasoning had been arrived at countless times before, at least in most every society in which husbandry existed. What was perhaps new in The Republic, was Plato’s suggestion that the state through, the proper officers will take the offspring of the good parents to the pen or fold, and there they will deposit them with certain nurses who dwell in a separate quarter; but the offspring of the inferior, or of the better when they chance to be deformed, will be put away in some mysterious, unknown place, as they should be.11 Typical of support for later eugenics proposals, Plato rationalized that the state should benefit from a selection of its progeny for those most capable of supporting social progress, in effect, his class based notion of a utopia peopled with his vision of the better kind of human being. Until modern medical procedures made surgical sterilization possible, selective infanticide provided the most common means of realizing such eugenic goals though some 20th century eugenicists continued to advocate euthanasia of defective newborns. 1° Plato. The Republic. (New York: Modern Library, 1992) Book 5, Paragraph 175, In regards to human breeding, “the principle has been already laid down that the best of either sex should be united with the best as often, and the inferior with the inferior, as seldom as possible; and that they should rear the offspring of the one sort of union, but not of the other. . ...” ” Ibid. Book 5, Paragraph 19o195. 20 With subsistence the norm in earlier centuries, the burdens associated with the rearing of deformed or unwanted children led to countless deaths. Parents often put the interest of older, well born children ahead of the younger and/or malformed in whom by an elementary cost/benefit analysis they had invested less time and effort. To the degree that state and society turned a blind eye to these practices, there was an implied sanction for such behavior.12 To the modern reader, Plato’s admonishments concerning the ideal of breeding citizens for the state seem to presage the rationales for the most heinous aspects of Nazi Germany’s Lebensborn program and for selective euthanasia of newborns. In the Republic, Plato assumes that the state would have to act by subterfuge to attain its '2 Hallett, Judith. Fathers and Daughters in Roman Socieg: Women and the Elite Family. (Princeton: Princeton University Press, 1984) Pg. 36-58 The history of infanticide comprises a broad range of Western human history. The ancient Roman heads of households possessed a legal right of life and death over their minor children, though the exact nature of the right remains controversial; Piers. Maria. Infanticide. (New York: W.W.Norton, 1978) pg. 15; Greven, Philip. The Protestant Temperament: Patterns of Child Rearing, Religious Experience. and the Self in Early America. (Chicago: University of Chicago Press, 1988), Exposure seems to have been the most common way of disposing of unwanted children in ancient times. The tale of Oedipus is but one of many in ancient lore of a star-crossed child doomed to such a fate. Reasons for eliminating newborns varied: bastardy, sickness, deformity, starvation and poverty being most common. Infanticide generally predominated over abortion in past centuries due to the inefficacy of abortifacients and abortionists. Young children in many cultures met with death in times of social upheaval when economic necessity demanded, yet the killing of deformed children prevailed in periods of relative prosperity throughout the world. As Maria Piers notes of infanticidal mothers in Western cultures, “babies must have appeared to them as strange things-mot as fellow human beings or as helpless creatures, but as waste, as near inanimate objects that were perhaps despicable. It was this sort of total strangeness vis-a-vis the newborn that in earlier centuries led to massive infanticide.” Throughout the second millennium in Europe, infanticidal mothers were put to death if their crime were found out. Yet there existed another means of ridding oneself of unwanted children. Midwives and wet nurses often performed such tasks and generally went unpunished. Piers notes of Italian balia, wet nurses in Renaissance Italy, “it seems that everywhere infanticidal mothers were punished by death. Wet nurses were not. Greven similarly notes an ambivalence towards young children in colonial America. Hoffer, Peter & Hull, N.E.H. Murdering Mother: Infanticide in England and New England, 1558-1803. (New York: New York University Press, 1981) pg. xviii, 4-5, Hoffer and Hull note that in the early modern period in England, infanticide comprised 30% of homicide cases. “In the seventeenth-century Plymouth, one of three white people executed for killing Europeans was a white women, for the murder of her infant.”12 Yet in mid-fourteenth century England, when the practice of infanticide prevailed to no lesser extent, only one case out of 2,933 homicides involved infanticide. This would seem to indicate the widespread acceptance of infanticide in Western culture through the Middle Ages. The practice that Plato advocated as state policy differed mainly in degree from what continued as a not so unusual social practice through much of Western history. 21 goals.l3 Plato’s state would necessarily have to hide its eugenic policies, yet by the twentieth century some states would publicly espouse such policies. The connection between Plato’s Republic and the Nazi state has not only to do with the fact that many Nazis were no doubt familiar with Plato’s works, but that by the beginning of the twentieth century, the science of eugenics had made the previously unpalatable acceptable if not desirable with a majority of people in some advanced industrial societies. Twenty-three centuries after Plato, Wilhelm Schallmayer, Germany’s preeminent eugenicist, commented in a similar vein regarding the implications of Darwin’s theories. From Darwin’s theory of selection it may undoubtedly be said that selection is the prerequisite for progress, and that the stronger the selection, the greater the progress. A further consequence of the theory is that progress is not just desirable, but at least in the long run, a necessity. From this necessity there is no escape--nor has there ever been since the beginning of life. Moreover, without the continuous [presence] of selection, even the level of development arrived at so far cannot be maintained?14 While Schallmayer did not directly advocate infanticide or sterilization, the implications for those who included such practices as means of selection would use his logic to justify their policies. In conjunction with the Schallmayer’s Darwinian argument for a necessary selection of the fittest, new surgical techniques, which by the very act of allowing intervention in reproductive life before conception, effectively created a new theoretical '3 Plato. The Republic. Book 5, Paragraph 190-195, “These goings on must be a secret which the rulers only know, or there will be a further danger of our herd, as the guardians may be termed, breaking out into rebellion. . ..We shall have to invent some ingenious kind of lots which the less worthy may draw on each occasion of our bringing them together, and then they will accuse their own ill-luck and not the rulers. ’4 Weiss, Sheila. Rice Hygiene and Nationg Efficiency: The Eugenics of Wilhelm Schallmayer. (Berkeley: University of California Press, 1987) pg. 76 22 category of people (i.e. those perceived as the potentially socially “unfit” and their dysgenic forbears), whom the state could choose to disbar from future existence (i.e. either the potential existence of the as the yet to be conceived, or as one’s existence in their progeny). These surgical techniques by eliminating procreation without unsexing the patient in terms of sexual drive or function regarding the act itself also contributed to a wider acceptance of the procedure among many parties. Not only did doctors provide a new technology (e.g. vasectomy and salpingectomy) which made possible a new conception of controlling human reproductive functions, but as time honored authorities on theories of heredity, members of the medical profession played an instrumental part in validating eugenic philosophy. Seeking a means of transforming itself into a publicly-recognized scientific pursuit, rather than remaining an artifact of a disproved medical paradigm, the profession adopted a new, science-based biomedical paradigm. This new medical paradigm not only rejuvenated the profession’s status but substantiated advocates’ pronouncements regarding eugenics, even though some hereditarian constructs inherent in the old paradigm continued to color their views on the nature of heredity and its relevance to society. While eugenics’ broad appeal among the educated middle classes relied to large extent upon its scientific foundations, it also derived support from biases derived from the previous hereditarian paradigm. A substantial portion of the non-elitist public lacking the scientific education or background necessary to understand the eugenic paradigm, nevertheless, supported such elitist policies. In Western industrialized societies, the widespread public acceptance of biases associated with the antiquated hereditary paradigm aided the promotion of eugenic 23 policies, and insidiously influenced eugenic thought concerning the hereditary basis of the human mental and physical constitution. The earliest theorists on the nature of heredity had formulated the essential question that eugenics sought to answer, the relative influence of environmental and hereditary factors, i.e. the nature versus nurture argument. The nature/nurture argument described a controversy between those that advocated the predominance of either environment or heredity upon the development of mankind. Both camps in this argument polarized what should have been an objective investigation into the relative influences of the genes and the environment upon human development. The differences in the positions of both sides were exacerbated in the public forum by the media, and the subtleties of the protagonists’ arguments lost in the maelstrom of the public debate. As presented in the public debate, behavioralists, as epitomized by B.F. Skinner, argued that a human being was a psychological tabla rasa, upon which could be written virtually any behavioral program desired. Skinner’s theories regarding the psychological malleability of humans paralleled those of Franz Boas, who presented to a congressional committee investigating immigration a study purporting to demonstrate that certain aspects of the social environment modified the inheritance of supposedly immutable physical characteristics.” Likewise, hereditarian determinists, such as Harry Laughlin and Charles Davenport, were presented to the public as arguing that physical and ‘5 Skinner, B.F. “The Concept of the reflex in description of behavior.” (Journal of General Psychology, 1931, pg. 5, 427-458; Skinner, B.F. Beyond Freedom and Dignity. (New York: Knopf, 1971) In the early 19303, Skinner began publishing his researches into the behavioral response, which ultimately led him to his strict behavioralist stance, later known as Skinnerism; Kraut, Alan M. Silent Travelers: Germs, Genes and the Immiggant Menace. (Baltimore: John Hopkins University Press, 1995). pg. 5, 146 Boas claimed that nutrition and certain other aspects of the American environment could alter the supposedly immutable “racial characteristics” skull shape. As a prominent anthropologist, Boas claims carried significant weight in the scientific and lay communities; Degler, Carl. In Search of Human Nature: The Decline and Revival 24 psychological characteristics were determined by a strict genetic inheritance, generally immutable to environmental factors. For the public, the validity of either argument carried real consequences for the formulation of public policy. Issues of immigration, criminality, education, social welfare, economic and cultural development often revolved around the dichotomy of nature versus nurture. This has been true not only in the era of eugenics, but throughout human history in terms of making decisions regarding who should live, prosper, suffer or die in times of crisis. Such decisions were previously influenced by the earlier hereditarian paradigm, which explained personal mental and physical characteristics through an individual’s inherited constitution or humoral type and the environmental influences, which affected their individual constitutional makeup. Davydd Greenwood’s The Taming of Evolution, shows how Hippocrates “Airs, Waters and Places” described both the environmental and hereditarian aspects of his theory. Hippocrates’ treatise provides a combined medical text and theory of world history. In passing judgement on the value of diverse societies and peoples, he provides a typology of cities, their types of climates and the humoral consequences arising from these differing environments. The environmental principle remains preeminent in the foregoing even when his analysis takes on the nature of genealogical influence. Hippocrates cited the Macrocephali as an example of what would later become known as a Larnarckian pattern of inheritance.16 Greenwood asserts that such pre-Darwinian (i.e. of Darwinism in American Thought. (New York: Oxford University Press, 1991) pg. 63, 64, 65-66, 70, 74- 75, 80-82, 90, 155, 166, 185, 194. ’6 Hippocrates. The Genuine Works of Hippocrafl. “Airs, Waters and Places” (New York: William Wood, 1886) pg. 170-171; Hippocrates described heredity thus, “I will pass over the smaller differences among the nations, but will now treat of such as are great either from nature, or custom; and first, concerning the Macrocephali. There is no other race of men which have heads in the least resembling theirs. At first, usage was the principal cause of the length of their head, but now nature cooperates with usage.” Elaborating 25 humoral) influences remained evident in the literature on race, ethnicity, and national character even in the period after the general acceptance of Darwin’s theories in the scientific community. The enduring power of this hereditarian perspective can be seen twenty centuries later in the writings of Jean Bodin (1529-1596). In Six Books of the Commonwealth, Bodin describes how environment conditions or in Darwinian terms selects for a particular type of population. His attachment to the older hereditarian paradigm is evident in his analysis of the diversity of peoples and there places of origin.17 The result of his analysis provides the geopolitical stereotypes that remain with us today. "Northemers succeed by means of force, southemers by means of finesse, people of the middle regions by a measure of both"18 further on the effects of environment, he explains, “Cities exposed to hot winds typically give rise to humid diseases while those with cold winds produce hard or bilious diseases.” A typology of waters provides a further elaboration to this environmental schema. “Waters from elevated ground are the best, as are waters from the east; those from the west are not had; those from the north are poor and from the south unhealthy. Marshy waters bring about bilious disease and those from rock springs cause diseases of hardness.” The seasons and climatological change furnish further detail. “Climates that experience the greatest and most rapid change give rise to the greatest diversity in all animate life, whereas those with little promote homogeneity.” ‘7 Bodin, Jean. Six Books of the Commonwealth. (Oxford: Basil Blackwell, 1955) pg. 149-150, Those who live at the extremities near the poles are phlegmatic and those in the extreme south, melancholic. Those who live thirty degrees below the pole are of a more sanguine complexion, and those who are about midway, sanguine or choleric. Further south they become more choleric or melancholic. They are moreover tanned black or yellow, which are the colours of black melancholy and yellow choler. '3 Ibid. Pg.l48. In his major works, Six Books of the Commonwealth (1576) and Method for the Easy Comprehension of Histog (1583), he developed a theory for the political management of states based on an analysis of the influence of environment on human behavior. His theories revealed a continuity with classical theories of the effect of environments on the one hand and contemporary political theory on the other. Bodin attempted to differentiate what is "natural," and therefore beyond human control, from what is "political," and thus subject to human design. 26 The resulting diverse races required different types of political structures that accorded with the specific temperament of a people. Since environment conditioned the physical and social characteristics of a people there were limitations to the range of political arrangements that particular peoples could accept. Political institutions must be adapted to environment, and human laws to natural laws. Those who have failed to do this, and have tried to make nature obey their laws, have brought disorder, and even ruin, on great states. 19 In effect, a people’s adaptability to other forms of governance was restricted to the degree that a specific range of political arrangements was intrinsic to a people’s racial temperament. At the turn of the century, the continuity of this belief in the racial nature of political philosophies would have serious ramifications for some eugenicists contemplating the suitability of particular peoples in their body politics. Demonstrating the tenacity of such tenets even among Michigan’s eugenicists, Kellogg showed a similar belief in the effects of climate, particularly upon sexual development and the relevance of this to a peoples’ general physiological and mental character. For him, the early sexual maturity and indulgence associated with warmer climates, led to a number of pernicious hereditary effects that would by his reasoning be exacerbated within populations existing in such climes.20 '9 Ibid. pg. 78-81; 20 Kellogg, John Harvey. Plain Facts for (k and Young: Emflcing the Natural History and Hygiene of Organic Life. (Burlington: I.F. Senger & Co., 1891), http://etext.lib.virginia.edu/modeng/modeng0. browse.html, 1995, Kellogg explained, “In man, puberty commonly occurs between the ages of ten and fifteen years, varying considerably in different climates. In this country, and in other countries of about the same latitude, puberty usually occurs at the age of fourteen or fourteen and one-half years in females, and a few months later in males. In cooler climates, as in Norway and Siberia, the change is delayed to the age of eighteen or nineteen years. In tropical climates it is hastened. occurring as early as nine or ten years. In warm climates it is no uncommon thing for a girl to be a mother at twelve; and it is stated “that one of the wives of Mahomet was a mother at ten.”; Pg. 465 Commenting specifically on the results of early sexuality, Kellogg elaborated, “the sad results of excessive indulgences are seen on every hand. Numerous ailments attributed to overwork, constitutional disease, or hereditary predisposition, know no other cause and need no other explanation.” 27 An inherent problem of Bodin’s formulation, as with that of previous hereditary paradigm, was the problem of transformation of hereditary type with environmental change. When a particular hereditary type is transported to another environment then the new environmental influences should prevail to transform the original “natural type.” For Bodin and his intellectual descendants, the maintenance of the original type could still be accomplished through the judicious use of social control, particularly through the avoidance of mixing different human stocks. Thus, nurture prevails over nature, as long as the hereditary purity of the original stock is maintained. In this formulation, the mixture of stocks leads to degeneration, as does the dissolution of societal constructs, themes which remained in vogue with many eugenicists. This focus on racial purity and social control remained throughout the intellectual debate regarding the hereditary basis of social progress. Michigan’s most eminent eugenicists, Drs. Kellogg and Vaughan subscribed to this view of racial purity, as did many eugenicists. In discussing the deleterious effects of inbreeding in terms of compounding the effects of “negative unit characters,” Vaughan affirmed a belief in the undesirability of interracial marriages. The Eurasians of India, the mulattos of our own country, and the mixed races of South America and neighbouring islands are unanswerable arguments against race mixtures. The bad of each side becomes dominant, and the mongrel whether man or beast, is no credit to the pure blood on either side of the house.21 2‘ Eugenics: Twelve University Lectures. Pg. 64. This belief derived from humoral precepts and was widely held. Though anthropologist Franz Boas, among others, pointed out the fallacious nature of such beliefs, it did little to persuade those inculcated with the received humoral precepts of centuries past. 28 Likewise, though in a less strident tone, Kellogg agreed that “Marriage between widely different races is unadvisable. .. such marriages are not only not conducive to happiness, but are detrimental to the offspring. It has been proven beyond room for question that mulattoes are not so long-lived as either blacks or whites.”22 This form of racism held that each “pure race” possessed qualities optimized for the particular environment in which it had arose. The often unspoken, but widely assumed corollary ascribed optimization of some races to less developed, or in contemporary terms, primitive regions. The insidious logic of this position insinuated that peoples from “primitive” areas of the globe though optimized for their environments remained “primitive” in their development; a rather dubious optimization at best. For contemporary Michigan eugenicists, the state’s relatively homogeneous population and social mores that precluded “marriage between widely different races,” meant questions of race mixing arose principally as an abstract matter of national immigration policy. Like many eugenicists, their parochial interest in their own ethnic population meant that Kellogg and Vaughan’s racial attitudes remained for the most part academic. Yet, however similar their views on miscegenation may have been, their perspectives on the physiological process of hereditary change and its relevance to the nature/nurture argument represented the two divergent poles of Larnarckian and Mendelian genetics. Kellogg and Vaughan’s respective positions on the physiological nature of heredity and eugenic policy epitomized the essential paradox inherent in eugenics. 22 Kellogg, John Harvey. Plain Facts for Old and Young: Embracig the Natural History and Hygiene of Organic Life. (Burlington: I.F. Senger & Co., 1891), http://etextlib.virginia.edu/modeng/modeng0. browse.html, 1995, Pg. 151 29 Kellogg believed in a Larnarckian mode of inheritance in which positive or negative environmental influences sometimes resulted in inheritable changes. Vaughan subscribed to the Mendelian position, which held the germ plasm to be immutable to environmental influences in the Larnarckian sense, yet both men advocated both positive (e. g. selective breeding) and negative (e.g. compulsory sterilization) eugenic measures. To the degree that efforts to improve social conditions aided the survival and propagation of the “unfit,” both men believed such actions to be dysgenic. This did not mean they opposed social welfare programs, but that they conditioned their support on precluding the propagation of dysgenic elements in the population. Their positions on positive eugenics differed in that Kellogg promoted a program of personal environmental improvements (e. g. euthenics, the avoidance of environmental toxins and adherence to his doctrines of healthy living) to supplement eugenically positive mating choices, whereas Vaughan relied principally upon the latter. What focused both doctors’ interest on the importance of negative eugenic measures was the perceived crisis of increasing rates of degeneracy. It seems obvious today that the “degeneracy crisis” resulted from bureaucratic attempts to determine how to implement social welfare programs that had in an earlier era been primarily the concern of private charitable organizations. The magnitude of the tasks, which state agencies now sought to address, proved to be far greater than initially thought. The previous lack of organizations monitoring the extent of those now deemed “socially dysfunctional” meant that when prior assumptions based on anecdotal information collided with the hard data produced by modern bureaucracies, the result was a seemingly colossal increase in the numbers of the degenerate. From this disparity between prior 30 assumptions and newly surveyed facts regarding the degenerate proportion of the populace arose the impression of a tremendous upsurge in degeneracy. For many eugenicists in the isolationist United States, degeneracy was essentially a home-grown problem marginally affected by immigration. Yet for some like Harry Laughlin of the Eugenics Record Office, immigration restriction was of paramount importance as it posed a threat to the racial purity of the population and hence the institutions of the country. The confusion regarding to what extent personal and political behavior were conditioned by cultural and heredity factors, meant that eugenicists following Bodin and his intellectual descendants, viewed ethnically disparate immigrants as a threat to political and social institutions for which they were supposedly not genetically or culturally predisposed. Reflecting the relative importance of this perspective on local decisions regarding various states’ eugenic policies, compulsory sterilization laws were most often enacted in states where imrrrigration was minimal and immigrants either willingly sought assimilation. Laughlin’s fears regarding the threat of racial degeneracy posed by ethnically different immigrants most closely paralleled those of some German eugenicists. What Laughlin viewed as a threat from afar seeking entry to America, these German eugenicists saw as menace immediately across their borders. Following the First World War and its disastrous consequences for the German Empire, German eugenicists became ever more convinced that the encirclement of their nation by ethnically-different, hostile powers imperiled their existence as a people. Those viewed as dysgenic elements within the population were seen as compromising the Volk’s ability to compete and survive in such a hostile situation. The competitive disadvantages imposed by the Versailles Treaty 31 and the results of the Great Depression only served to heighten their apprehensions and progressively radicalize their eugenic prescriptions. It was not coincidental that physicians in the two countries provided eugenics’ most valuable advocates. The biomedical paradigm provided physicians legitimacy in espousing eugenic themes. American’s geographical isolation and widespread belief in their society’s ability to assimilate immigrants meant that America’s physician- eugenicists remained less radical than their German counterparts though sympathetic to the latter’s perceived plight. Though they differed in their emphasis on the relative importance of internal versus external threats to their respective societies, both countries’ eugenically-minded physicians followed similar paths to their new biomedical and eugenic paradigms. The next chapter describes how American physicians came to adopt the practice of scientific medicine and how this influenced the development of eugenics as one of many health reforms. 32 Chapter Two — Evolution of the American Medical Profession Because physicians came to wield remarkable influence among professionals and the lay public, it is important to understand how the American medical profession arose from its l9tltll century standing as low status field composed of incompetent if not dangerous practitioners through the adoption of a science based medicine. Physicians associated with the scientific renaissance of American medicine made especially influential promoters of the eugenic philosophy. Two Michigan physicians, Victor Vaughan and John Harvey Kellogg epitomized the changes occurring in medicine and the influence such physicians could exert in espousing eugenic measures. The progression of scientific knowledge in the 19th century proceeded at what to contemporaries seemed an astonishing pace. Though some rare individuals appeared to keep the ideal of the Renaissance man alive through their mastery of a wide range of subjects, the age of the specialist seemed nigh. The palpable benefits of reductionist inquiry showed their merit in the sciences and mechanical arts. In an age of technological innovation, the empirical process provided a method whereby reproducible result testing furnished inventors and producers with an arsenal of information for use in originating new technologies and methodologies. Through most of the century these innovations remained the province of the gifted amateur, in the sense that these originators were without graduate degrees or professional recognition in their fields. In engineering, Robert Fulton, John Ericsson and Thomas Edison were prime examples of this phenomenon. In the sciences and mathematics, Francis Galton and Charles Darwin epitomized the same. Medicine provided country doctors such as Paul Ehrlich and Robert Koch who beyond making profound discoveries 33 established new fields within the sciences. Samuel Morse’s development of the telephone demonstrated the spirit of the age, whereby an individual with a wide range of knowledge outside his specific field could apply this information to the elaboration of technological breakthroughs. Yet, frauds and crackpots of various stripe competed with the truly resourceful and erudite. The question of how to differentiate the useful from the fraudulent became of greater importance, particularly to the consumers, governments and capitalists who were considering investing their resources in the development and use of new technology. In the industrializing nations, increasing levels of disposable income meant consumers could afford to purchase and thus sustain markets for new services and products. Governments in their rush to compete in the great game of colonization needed increasingly diverse and advanced levels of technology. Capitalists desired a means of evaluating the practicality and potential profitability of investments in the new technologies. Yet who were the experts one could consult? The old professions of medicine, law and clergy based their claims to professional status on a classical education, which bore little suitability as a means of evaluating the new outgrowths of research and development. Experts perforce remained constrained in their evaluative aptitudes by the disparate nature of their paths to knowledge. Each gifted amateur had chosen and followed individual interests with little in the way of established canon or curricula as a guide. An expert in any one particular field might well have no insight into a seemingly associated area of knowledge. The need for a new means of establishing evaluative criteria for consumers, governments and capitalist investors drove forward an I- impetus towards the elaboration of new professions. On the other hand, the desire by 34 practitioners of these new arts to differentiate themselves and their expertise from the sundry shams and artifices of unscrupulous impostors drove them to seek out a means of establishing their credentials also. For the field of eugenics, members of a revitalized medical profession founding their claims to legitimacy on a new scientific medicine, or biomedical paradigm, served to sanction eugenics as a duly recognized professional sphere. American medical professionals contributed significantly to the scientific legitimacy attached to eugenics. To understand how these physicians could sanction the elitist claims of eugenics, it is instructive to understand how American doctors lost their professional standing, by what means they found their path back to elite status, and the philosophical continuities with past practice that remained. The professionalization or rather the reprofessionalization of American medicine provides a telling illustration of the problems leading to and the process wherein the new elites sought and confirmed their status as professions. As Larsen notes, "Most European governments felt the need, at least by the sixteenth century, for some regulation of medical practice. The College of Physicians in London, the collegium-medicum of German cities, the tribunal de protomedicato in Spain, were all granted some control over licensing practitioners, the inspection of drugs, and the like."1 The broadening monetization of American markets in conjunction with the increased affluence of the average American led to a larger market for medical services. In 19th century America, the lack of such restrictive corporate monopolies and their concomitant regulatory standards allowed an unprecedented growth in the supply of physicians attempting to tap into the increased market for medical treatments. The l Larsen, Magali. The Rise of Professionalism: A Sociological Analysis. (Berkeley: University of California Press, 1977) pg. 23 35 American practice of apprenticeship under an established practitioner in combination with a lack of coordinated standards led to the proliferation of proprietary medical schools as physicians of every stripe sought to augment their incomes through teaching. As the number of proprietary schools multiplied, the quality of care decreased. Proprietary schools jettisoned the classical indoctrination that had been a part of the professional cache of European physicians and focused on direct training of those able to pay. With curricula as lax as the requirements for entry to and graduation from these schools, potential doctors swapped tuition and a brief period of study for the diplomas which replaced the licenses state medical societies had previously granted. While the schools did achieve a level of standardization unapproachable through the old apprentice system it had the concomitant effect of rapidly increasing the numbers of doctors. Competition for patients led to decreasing incomes and status, which paradoxically ' allowed more diverse segments of the population to aspire to the practice. As the lower orders of society could now join the profession albeit without the previous erudition required, there followed a general decline in standards and requirements. The extended political franchise of the J acksonian Era as imitated by the broadened social backgrounds of the medical profession ironically led many state legislatures to forego their prior credentialing of physicians proclaiming every American’s “inalienable right to life, liberty and quackery.” In the wake of the broadened franchise, politicians scrambled to epitomize the popular sentiments of their constituents. As the status ties of the old elites broke down, popular sentiment regarding doctors revealed itself in the refusal of states to sanction medical practice.2 2 Ibid. pg. 19-25 36 This decline in physicians’ status and income was compounded by the general inefficacy of humoral treatments and unfounded pathological theories. The plethora of practitioners in this highly competitive market led to attempts to differentiate their practices. New medical sects endeavored to find more effectual treatments, many of which bordered on the inane. “Regular” physicians strove to increase their treatment success and thus their status and market share through the use of more radical therapies still considered within the old humoral paradigm. . The lack of efficacy in the humoral/Galenic treatments that “regular” physicians employed upon their patients were exacerbated by the tendency towards “heroic” treatments. Heroic medicine often involved the use of monstrous amounts of toxic heavy metal compounds, usually salts of mercury. While the use of mercury compounds showed some efficacy with particular disease states as demonstrated by Paracelsus and others, in 19’h century America, many “regular” physicians relied on ever increasing doses of these poisonous substances. Obvious indications of what today would be called fatal toxicity, bleeding gums and foaming at the mouth, revealed to the “heroic” physician that an appropriate dosage had been achieved. The ineffectiveness of treatments was most apparent in the outbreaks of highly infectious, morbid diseases such as cholera. As the pace of industrialization, immigration and urbanization quickened the epidemic diseases associated with these phenomena grew concurrently. The expansion of global trading networks allowed epidemics to spread more quickly and effectively across the globe. The Galenic paradigm held that disease was caused by humoral imbalances in the individual constitutions of sufferers, imbalances brought on by shifts in environmental conditions or local irritations such as rniasmas and effluvias. 37 Communicability, or contagion as it was known, was anathema to most regular physicians, though it seemed evident to most laymen. In the 1832 American cholera outbreak, as during plagues past, those laymen with the means to do so fled the cities for the sanctuary of more rural climes. Regular physicians unable to explain the epidemic nature of the disease, reverted to their tired maxims of constitutional fitness. Physicians characterized the victims as the filthy, depraved and intemperate, those whose lifestyles led to imbalances in their constitutional makeup. During the early phase of New York City’s epidemic when forty-five deaths a day were recorded, the Special Medical Council declared, that “the disease in the city is confined to the imprudent, the intemperate, and to those who injure themselves by taking improper medicines.”3 As the epidemic progressed throughout the city, the toll of victims began to include the “better” sections of society and even the physicians themselves. Their clearly ineffectual treatment methods led to a focus on preventing the humoral imbalances thought to be responsible for the disease. Thus, the Special Medical Council published these recommendations distributed in newspapers and handbills. Notice Be temperate in eating and drinking avoid crude vegetables and fruits; abstain from cold water, when heated; and above all from ardent spirits and if habit have rendered it indispensable, take much less than usual. Sleep and clothe warm Avoid labor in the heat of day. Do not sleep or sit in a draught of air when heated. Avoid getting wet Take no medicines without advice.4 3 Rosenberg, Charles. The Chiera Years. (Chicago: University of Chicago Press, 1987) pg. 30 38 The clergy seconded the regulars opinions regarding the outbreak of cholera. Intemperate and depraved lifestyles were the foundation of cholera and they proclaimed it widely from their pulpits. Even as members of the upper echelons of society fell prey to the disease, the clergy and physicians suggested that these victims had led double lives, their hidden depravity revealed by the scourge of cholera. The old conjunction of theology and medical philosophy described illness as the retribution for individual sin. As the epidemic reached its height with more than 100 people a day dying within the city’s boroughs, doctors tried ever more radical treatments. As broader sections of the populace became infected, the old saws of intemperance, depravity and double lives seemed less able to explain the progress of the epidemic even to the professional choir of clergy and physicians. The average American, turned off by the pretensions and expense of regular doctors, often turned to other medical sects for treatment as less expensive and if not more efficacious, at least less deadly in result. Among the new medical sects was one with great appeal to the masses of rural and lower-class Americans, Thomsonian medicine eschewed mineral based drugs and espoused the use of botanical formulations based on the healing properties of natural herbs. Kits were inexpensive and readily available. The similarity of these standardized preparations to the old folk remedies no doubt enhanced their appeal amongst laymen. Yet, there existed a deeper mistrust of the professional castes, versified by the founder of Thomsonianism, Samuel Thomson. The nest of college-birds are three, Law, Physic and Divinity; And while these three remain combined, They keep the world oppressed and blind. ‘ Ibid. pg. 30 39 On Lab'rers money lawyers feast, Also the Doctor and the Priest; The Priest pretends to save the soul, Doctors to make the body whole; For money, lawyers make their plea; We'll save it and dismiss the three. Come freemen all, unveil your eyes, If you this slavish yoke despise; Now is the time to be set free, From Priests' and Doctors' slavery?5 By the second outbreak of cholera in 1849, many doctors had convinced themselves not of the theory of contagion, but that the roots of the epidemic lay within the squalor of the city. New efforts were made to clean up the filth and cesspools from which miasmatic and effluvial discharges were thought to emanate. In this slightly modified version of the paradigm, these discharges caused the local irritations responsible for humoral imbalance and thus the spread of the disease. The focus on causation shifted from individual sinfulness to the inadequacy of society’s institutions. While the regulars’ treatments remained ineffective, some physicians began to experiment with new variations on old themes (e.g. tobacco smoke enemas, yet higher doses of mercury) and some with new technologies and explanations of pathology (e. g. electricity, carbolic acid and ozone as the causes). In England and Germany where medical standards remained exalted, even if treatment success was not, some physicians were trying to apply empirical methods to understanding the epidemiology of diseases. John Snow, an eminent anesthetist, made a breakthrough by following cholera path in London’s 1849 outbreak and established that contaminated water was the mode of 5 Ibid. pg. 71 40 transmission. In Germany, Max von Pettenkoffer independently came to the same conclusion regarding both typhoid and cholera though he differed from Snow on the particulars on the disease agent. What both men had shown was that the diseases were contagious, the agency of transfer, not the actual agent. But more important than either was that the empirical method could be used to demonstrate effective means of prevention (i.e. improved sanitation). For most of the remainder of the century, prevention remained the most that medicine could render in the realm of contagious diseases. Their were noted exceptions though in the efficacy of “regular” medical practice. With the advent of aseptic surgical techniques, thoracic and cranial surgeries were possible without the near certainty of morbid infection. As new surgical techniques evolved along with pathological analysis (post mortems) of disease processes, surgeons became the stars of medical practice. Their abilities to intervene in chronic processes provided some of the very few remedies extant during the latter half of the century. They also enhanced the heroic nature of the profession, though one could still convincingly argue that the patient’s submission to treatment showed more heroism than that of his physician. Not until the 18803 when Pasteur, Koch and others were able to demonstrate that bacteria were the causative agents of disease did the paradigm really begin to shift. Surgery for all its new found fame relied on techniques sometimes dating back to Galen. The empirical research method provided more effective means of diagnosis and prevention, if not cures. Attempts to develop new vaccines and “antisera” against infectious illnesses were generally unsuccessful. Some causative agents, those of a viral 41 nature, remained complete mysteries. Their mode of transmission might be elucidated but the agent and treatment for it continued to evade detection. The greatest mystery seemed to be the variable susceptibility of people to a disease agent. Why were some individuals able to drink from the same cholera contaminated water supplies as others and not get the disease. Why did people react differently to the same treatment. Why was the severity of disease variable among individuals. These were not new questions. The ability of the constitutional theory of the humoral paradigm to explicate these variations lent it much of its enduring power. Though the empiricism of the scientific method provided little on the way of treatment of contagious disease throughout the century, its accomplishments in the realm of diagnosis and prevention raised the status of those physicians who espoused the methodology. While homeopathic, hydropathic and eclectic sects flourished throughout the latter decades of the century, the efficacy of their treatments remained problematic also (though certainly less deadly than the heroics of the regulars). The competition between these sects and the regulars led to efforts to distinguish the superiority of their respective methods and philosophies. The scientific method provided regulars with a means of characterizing their practices as superior. The problem remained that most of the regulars had little in the way of scientific training. English, French and German medical schools did have reputations for scientific training though and many American regulars ventured forth to seek their enlightenment Those interested in surgery sought out the expertise available in England; those absorbed in the nature of infectious diseases went to Germany. The reasons for Germany’s lead in the medical sciences were diverse. The establishment of the Hartrnann Bund in Germany, 42 Bismarck’s sop to the working masses, established national health insurance and provided a fixed competitive market for the various sects to compete in. Governmental control of the program meant that the state would decide the criteria for remunerable medical assistance. Since a science based medicine seemed most effective those schools and sects which embraced the new paradigm found most favor with the state. The connection of scientific medicine with the German regulars was more easily facilitated by their association with luminaries such as Koch, Ehrlich and Pettenkoffer, all “regulars.” American regulars seeking to differentiate their practices from the other sects attended lectures and demonstrations in Europe and advertised their newfound connections to scientific medicine. Two errrinent Michigan physicians, Victor Clarence Vaughan and John Harvey Kellogg followed this typical trajectory. Vaughan, a Missourian who had considered a career teaching the classics, proceeded to build upon a largely self-taught background in chemistry. Upon his graduation from Mount Pleasant College in 1872 he was prevailed upon to teach chemistry and Latin, which he did for two years before feeling that he needed more instruction. With what little post-bellum Southern colleges could offer in the way of instruction he set out for Michigan University to pursue a degree in chemistry and geology at the newly opened colleges.6 His interest in chemistry led to associations with 6 Vaughan, Victor. A Doctor’s Memories. pg. 86-89. Vaughan noted a number of reasons for his decision to attend MU. The university’s lack of religious sectarianism was complemented by Michigan’s heightened national reputation. Vaughan states, “At that time, Michigan was the great state university. Simple people as we were, we knew of Watson and of the asteroids he had found in the sky. Winchell had shocked the elders in our church by his conservative interpretation of creation. Cooley was emerging as the great authority on constitutional law. Frieze had issued a most excellent edition of Virgil, which had a special fascination for me. Fasquelle's French Grammar had found its way into our colleges. Olney had flooded the schools with his mathe- matical texts replacing older authors. The St. Louis Republican, which came to our house daily, announced that President Angel] had suspended the greater number of a class for insubordination, showing that discipline would be maintained at Michigan. Hillgard, one of the greatest scientists 43 Albert Prescott and Silas Douglas, whom he credited as responsible for “introducing required laboratory instruction in chemistry into the curricula of medical schools.”7 Upon completion of his Masters, he entered the medical school in 1875 and attempted to finish three various theses on as many topics. His abilities as a chemist led to his replacing his former instructors in physiological chemistry upon their demise in the infamous Douglas-Rose affair.8 Though Vaughan had not matriculated or graduated from the medical school he now found himself teaching in it. He put his lectures in book form in 1878, which went through three editions in as many years, establishing his reputation as an able instructor and chemist in his own right. It was at this early stage of his career Vaughan found himself caught up in the sectarian battles for the future of medical education. For several years the Michigan legislature attempted to “engraft homeopathy” onto the medical school’s curriculum. First, the legislature demanded that chairs be established in materia medica and its practice. Failing this, the legislature made all university appropriations contingent on the establishment of a full Homeopathic School. The regulars reacted immediately, if without much success. While the university’s professors “hurled anathemas at the accursed heresy,” the AMA and the State Medical Society “threatened non-recognition of all medical graduates of the University provided this unholy alliance was consummated.”9 As the legislature held the purse strings the school opened its doors in 1875. of the South, had been called from the University of Mississippi to a chair in Michigan. However my, final decision was made when I learned that there was a large and well equipped chemistry laboratory there.” 7 Ibid. pg. 92 8 Ibid. Pg. 102-103; The Douglas-Rose affair refers to a unfortunate incident wherein the head of the chemistry laboratory and the instructor of physiological chemistry were dismissed for financial improprieties, opening the position of instructor to Vaughan. 9 Ibid. Pg. 104-105 Though the medical schools were supposed to be independent there existed some degree of overlap in that the students from both schools “did their fundamental scientific studies, especially their laboratory courses with their enemies.”10 As the allopathic school kept increasing its requirements, the Homeopathic School failed to keep pace, thus many students who were unqualified to enter the former school entered the latter, attended classes with the regulars and felt the consequent opprobrium. Eventually the entry requirements were made identical, but graduation requirements remained a sticking point. Allopathic graduates had to have passed every subject, while some homeopaths were allowed to graduate even with failing grades in the scientific subjects. Vaughan states that he passed homeopathic students with lower grades and required less of them than his allopathic students assuming that the state boards of licensure would not credit their failure to his school. Eventually, the situation would be remedied when the homeopathic school was integrated in to the allopathic by inclusion of two chairs on the faculty, the same plan the legislature had proposed forty years before its acceptance. Though Vaughan claimed a lack of bitterness towards the competing sects, his veneration of the scientific method left little room for equivocation. Medicine is not based on theory nor does it constitute a system of philosophy. It can grow only as the sciences, which supply its pabulum develop. There can be but one medicine. Medical sects are all parasitic growths and must fail in the end. His feeling for the osteopaths showed even less respect. Vaughan remained an unreconstructed empiricist throughout his career. Describing his incredulity with various '0 Ibid. pg. 104 45 sectarian beliefs he stated, “I regret their acceptance by the people as evidence of unbalanced mentality.”11 With regard to Freud in particular he said, Accept the teachings of Freud and his apostles that dreams are always of import, that they are founded on some sex experience or repression that even the nursing infant has sexual orgasm, ant that most horrid of all human concepts, the Oedipus [complex] becomes a possibility.12 The scientific allopaths as epitomized by Vaughan spurned almost anything not subject to empirical proof. As matters stood at the end of the 18703, this left rather small discrete fields of specialization. Histology was still in its infancy when Vaughan was nominated and elected to teach the subject in 1878.13 To his colleagues his knowledge of the subject must have seemed a natural elaboration of his microscopic work in physiological chemistry. Microscopy itself was an infant science in that an elite university medical school such as Michigan possessed a grand total of fourteen, twelve of which Vaughan had purchased in his initial tenure as instructor of physiological chemistry and histology. By the 18703, many states began to reestablish medical licensing examination boards. Texas passed the first modern medical practice act in 1873. In 1880, the Illinois Board of Health, the licensing agency for the state became a model for the nation when it began to list Canadian and American medical schools according to qualitative standards established by the American Association of Medical Colleges, an organization of elite, scientifically oriented institutions.14 As more states followed Illinois’ course, scientific medicine became the criteria for acceptance within the other sects also. Most homeopaths and eclectics of the middle “ Ibid. pg. 106 ‘2 Ibid. pg. 107 ‘3 Ibid. pg. 109-112 46 part of the century had been trained as allopaths, but had recycled their practices in an effort to avoid the consequences of heroic methods. Their path back into the allopathic fold was eased by the regulars’ acquiescence to their participation on the state licensing boards. The adoption of a science education as the basis for all allopathic medical education promoted not only solidarity among the formerly divided, but allowed the regulars to characterize their remaining and now excluded competitors as quacks. The scientific practitioners were originators and combatants in the sectarian conflicts over the practice of medicine through the turn of the century, but their battles were not with the competing sects alone. Within the allopathic community disputes arose between specialists and general practitioners. While most of the specialists were recent graduates of the elite scientifically oriented medical schools who had often furthered their educations with training in Europe, most GPs had graduated from less prestigious schools, foregone the European experience for lack of funds and often graduated well before the new science based curricula had been established. Specialists’ proclaimed advanced erudition and expertise garnered them the lion’s share of elite patients in the larger cities. As these upper echelon patients’ status and fortunes were often founded upon similar advancements in the arts and sciences, they demanded medical care grounded with comparable merit. With this roster of privileged patients went the elite status and income to which the specialists aspired. The GP dominated AMA reacted from mid-century onwards with bans on explicitly advertising specialties. Specialists responded by forming their own professional societies, promoting their expertise through the societies’ literature. For most regular " Brown, E. Richard. Rockefeller Medicine Men: Medicine and Capitalism in America. (Berkeley: University of California Press, 1980.) pg. 88-90 47 physicians practicing outside the major urban centers, specialization held little attraction as their markets provided neither the number of patients requiring such a practice nor the financial recompense necessary to justify the expense of its acquisition. These differences upon the merits of modes of practice between the GPs and specialists continue to this day, as do the levels of status and income associated with them. While the AMA continued to consolidate and extend its control of state licensure boards, the specialist societies proceeded to establish their science-based criteria in the medical schools and in post-graduate specialist certification. Events and contestants in the battle between the scientific and generalist camps were watched closely on both sides of the Atlantic. When Vaughan and Dr. Novy his former student, with the prospect of opening a laboratory of hygiene in the fall of 1888, hastened to Berlin to take a course in bacteriology at Koch’s laboratory, Vaughan found himself in a confrontation with the master himself. While I was at work in the laboratory, Professor Koch summoned me to a conference in his private room. I felt highly honored to be thus distinguished, but the burden of his talk was the condemnation of the University of Michigan for retaining as its professor of pathology a man who did not accept the well established fact that bacteria cause disease, referring to Professor Gibbes, whose name Koch pronounced with bitterness, biting it into two syllables. I tried to explain that I was an antagonist of Professor Gibbes' teaching and that my purpose in seeking instruction in Koch's laboratory was to fit me better to combat my colleagues' erroneous teachings, but I did not succeed in mollifying his anger. Robert Koch was a great man, but in many respects a typical German, ready to stamp upon those who did not acknowledge his authority. While I admired his work I could not be altogether pleased with his personality." '5 Vaughan, Victor. A Doctor’s Memories. pg. 146-147 48 As American medical schools began to approach their European counterparts’ standards of teaching, both European and American interest in the debates between the scientific and generalist practitioners was magnified by the inferred implications to similar debates occurring on one or the other side of the Atlantic. While the medical schools’ teachers founded their claims upon their laboratory empiricism, particularly in regards to the nature of infectious diseases and the chemical processes of the body, the post-graduate specialists based their legitimacy upon a basic scientific training and advanced expertise, generally in the field of surgery. John Harvey Kellogg epitomized not only this latter position, but conjoined it with an interest in empirical research. Kellogg also began his career as a largely self-taught teacher. Hired by the Hastings school board as an instructor of first-graders through high-schoolers at the age of sixteen, his health suffered from the extremely taxing load. During his recovery he was able to complete his own high school and college education at Michigan State Normal College while working part-time for the Adventist publication, the Review and Herald. Kellogg’s connection to the Adventist faith went back to his parent’s acceptance of the teachings of the Water Cure Journal. The elder Kelloggs, followers of the Millerite Movement, turned away from the regulars’ heroic medicine upon the death of their eldest daughter Emma. She had contracted a lung ailment, and though the obvious course seemed treatment of that symptomology, their allopathic physician determined the cause was worms and treated it in appropriate heroic style. Kellogg’s mother insisted upon an autopsy in her presence, and the results indicated no parasites but an inflammation of the 49 lungs. Success with subsequent family ills using the hydropathic treatments prescribed in the Water Cure Journal and their rnillenarian religious views led the Kelloggs to embrace the teachings of the Adventist health reformer Ellen White. Ellen White, the wife of the denominational leader, began to have inspired revelations regarding healthful living practices in the 1860s. These revelations were held in high regard by the Adventist laity and became a cornerstone of the faith. In 1865, White in association with five reformist physicians published a series of pamphlets and began the regular publication of the Health Reformer. John Harvey Kellogg’s attachment to White began with his apprenticeship as a typesetter for these Adventist medical editions. In the fall of 1872, Kellogg was persuaded by his family to attend Dr. Russell Trall’s Hygeio-Therapeutic College with his elder half-brother Merritt who had graduated from the six-month course a few years before. The college emphasized the curative powers of internal and external uses of water along with a simple diet, exercise and fresh air. Kellogg’s interest in medical practice was strengthened by the experience and at the suggestion of Ellen White’s husband James; he enrolled in Michigan University’s medical school. James White recognized that in the changing medical climate for Adventist health principles to gain a fair hearing they would have to be based on a sound knowledge of anatomy, physiology and chemistry. The faith needed scientifically trained physicians to promote its beliefs. John Harvey Kellogg was to become one of their first. At the time, MU ’s medical curriculum was fairly typical of the genre, two twenty- four week courses of science-based instruction with little to differentiate the two courses and virtually no clinical experience. Kellogg was attracted to the teachings of a former 50 Civil War surgeon and founder of the Michigan State Medical Society, Professor Alonzo Palmer who espoused clean-living health practices similar to those of Dr. Trall and Ellen White. Kellogg perhaps on the advice of Palmer and surgery professor Donald Maclean left MU at the end of his first year in order to seek further clinical experience at the Bellevue Hospital Medical School in New York. Bellevue had an eminent faculty, and Kellogg studied under such luminaries as Austin Flint, Sr., Edward Janeway , Edmund Peaslee, Stephen Smith and Lewis Sayre.16 After passing his examinations in the practice of medicine and surgery, obstetrics, materia medica, physiology anatomy and chemistry, Kellogg graduated after only a year at Bellevue, his prior medical experience counting towards the school’s other requirements. His required thesis entitled “What is Disease?” explored the historical explanations of illness based on the Galenic humoral paradigm. His suggestion that illness was an attempt by the body to correct a “deranged” natural function parted from the Galenic tradition in its focus on the empirically adjudged functions of the body’s organ systems rather than on the outdated concept of humoral imbalances. He proceeded to stress a “physician’s duty was to seek out the cause of disease and to correct it rather than administering palliatives.”l7 '6 Schwarz, Richard. John Ha_rvey KelloggM.D.. (Nashville: Southern Publishing Association, 1970) pg. 29-33. Flint who studied in Germany was the author of several textbooks and past president of the New York Academy of Medicine as well as a future president of the AMA. J aneway established the hospital record system at Bellevue, which systematically checked clinical observation against autopsy findings to establish better means of diagnosis. Peaslee lectured in gynecology and obstetrics and was in such demand that he served on the faculties of five medical schools simultaneously. Smith introduced Lister’s methods of aseptic surgery and was the founder of the American Public Health Association. Sayre an early advocate of compulsory vaccination had extensive experience from his tenure as New York City’s chief public health officer. '7 Ibid. pg. 32. Though Kellogg’s theory of natural imbalances resembles a variation on humoral theory, his focus on an empirically derived understanding of organ systems set him apart from his predecessors reliance on humoral comprehension of bodily functions. 51 Kellogg’s medical education continued after graduation with a course in electrotherapeutics under Dr. George M. Beard, a pioneer in the medical uses of electricity. He spent several weeks scouring the Astor, Cooper and Free Medical Libraries seeking evidence to support his theories before returning to begin his practice at the Adventist Battle Creek Sanitarium. In the first twelve years of his practice Kellogg estimated that he had spent $3000 to improve his treatment of ear, nose and throat diseases alone. He subscribed to the most important American and British medical journals, as well as the major French and German publications. By 1908, he estimated he had spent over $50,000 for instruction and observation of specialists both at home and in Europe, while his personal medical library was estimated to have cost $15,000.18 In 1883, Kellogg would make the first of over seven trips to Europe in pursuit of improving his medical expertise. His first trip, to Vienna, demanded an arduous schedule of study and practice. In a typical day, instruction in throat disorders at the Vienna Polyclinic preceded treatment of patients, followed by attendance at a clinic on skin disorders and then observation of the surgical techniques of the celebrated surgeon and cancer specialist, Anton Billroth. This was followed by laboratory study of tubercular bacilli and then instruction in ear injuries and ailments. After a brief lunch, he would assist Billroth’s understudy in surgery, spend more time in the laboratory, examine postmortem reports, practice the treatment of eye disorders and write up his daily clinical observations.19 '8 Ibid. pg. 33 ‘9 Ibid. pg. 34 52 Subsequent trips to England, France, Germany, Russia and Sweden demanded equal measures of his time and diligence. His medical interest and practice broadened and deepened under the guidance he received in his medical trekking. During his 1889 trip to England, he spent a month studying Joseph Lister’s techniques of aseptic thoracic surgery under the renowned surgeons at Good Samaritan Hospital in London.20 In 1907, he ventured as far as St Petersburg to observe the behavioral experiments of Ivan Pavlov. While Kellogg’s professional reputation was founded on his eminence as a thoracic surgeon, his popularization of his healthy modes of living embodied in practices he referred to as Euthenics earned him his widespread public acclaim.21 Though he and the Adventist clinic he supervised benefited from both his professional and public reputation as a specialist, Kellogg abjured the adversarial tactics of earlier health reformers. He believed his goal of converting the regulars to his methods depended upon their acceptance of him as one of their own. With this consideration, he joined both the Michigan and American Medical Associations shortly after his graduation from Bellevue. His other mainstream affiliations included the American Public Health Association, the 2° Ibid. pg. 1 11 2’ Garrison, Fielding. History of Medicine. (New York: W.B.Saunders, 1966). pg. 676 Euthenics was defined as the process of “early training” and its relationship to the malleability of hereditary characters. Early in his career Kellogg developed his theory on the benefits of euthenics in such works as How to Have Good H_eglth Through Biologic Living. (Battle Creek: Modern Medicine Publishing, 1891); Plain Facts for Old and Young. (Burlington: I.F.Segner, 1889); The Living Temple. (Battle Creek: Good Health Publishing, 1903). Kellogg’s euthenics grew out of his neo-Lamarckian beliefs in the power of the environment to correct deficiencies in the individual that could then be inherited as a fully mended physiological and [or psychological template by their offspring. This was of course a two way process in that an intemperate or degenerate lifestyle led to inheritable defects. Note the similarity to Hippocrates example of the Macrocephali and the malleability implied to the semen, the physiological source of heredity in his medical paradigm. Kellogg’s euthenics relied on a simple vegetarian diet, plenty of exercise and fresh air, and the avoidance of narcotic or necrotizing substances deemed to include tobacco, alcohol, opium, tea, coffee and condiments. 53 National Microscopical Congress, and the American Association for the Advancement of Science.22 Kellogg’s support of increasingly higher standards in the medical schools was typical of a specialist, as were his experiments typical of a scientist-scholar. Yet, the broad range of his practice and the efforts made to conform to and enlighten his colleagues in the generalist medical societies (e.g. AMA and MMA) demonstrated a remarkable bridging of the divisions separating specialists, medical scientists and general practitioners. While Kellogg and Vaughan held similar views on the need to improve medical standards in the allopathic schools, they often diverged on which methods would best improve public health. Both Vaughan and Kellogg eventually became converts to the bacterial theory of disease causation, though at different times and with different perspectives on the significance to public health. While Vaughan progressed to an increasingly external view of disease causation (i.e. germs are the agents of disease and suitable doses of the agent will infect even the most robust), Kellogg maintained a focus on the internal, individualistic nature of disease causation. For the latter, susceptibility to illness was dependent upon compromising the healthy body’s natural defenses not upon the level of exposure to a germ agent. Kellogg’s position seems paradoxical in that his early work on the Board of Health led him to emphasize the source of illness as germs arising from decomposing matter. In his first stint on the Board, Kellogg was assigned to preside over two standing committees: Disposal of Excreta and Decomposing Organic Matter and Occupations, Recreations and Habits in Relation to Health. At this time, Kellogg performed no original 22 Ibid. pg. 34-36 54 research but relied on the anecdotal evidence provided by conversations with physicians and public health officials. His results were published in the Board’s Annual Reports and in the Battle Creek Sanitarium’s Good Health. After his initial investigations into the outbreaks of diphtheria, he summarized his belief in the filth theory of disease in an 1880 Good Health article, “Diphtheria and Filth.” The facts presented in the history of the numerous outbreaks of the disease seem to show quite conclusively that it may and often does originate spontaneously from filth, although when once established it is undoubtedly propagated by contagion.23 While Vaughan became an immediate convert to Pasteur’s and Koch’s research results on the necessity of continuous germ reproduction versus spontaneous propagation, Kellogg remained an adherent to the filth theory for some time.24 Yet even though Kellogg believed that germs were the etiological source of illness, no matter their origin, he sustained the view that an individual’s constitution was the most important factor in preserving health.25 Germs are utterly powerless to injure a thoroughly healthy man. It is only when the body has been reduced, brought 23 Kellogg, John. “Diphtheria and Filth” Good Health #15. (Battle Creek: Good Health Publishing, 1880) g. 153 a Kellogg, John. “Decomposing Organic Matter” Good Health #18. (Battle Creek: Good Health Publishing, 1883). pg. 97 Three years later, in Good Health, Kellogg revealed a continuing belief in the filth theory of spontaneous generation, maintaining that “whenever decomposition is taking place, these organisms (germs) are present in countless numbers.” 7'5 Baker, Henry. “Failure to Prevent Deaths Believed to have been Preventable. The Reproduction of Disease Germs” Third Annual Report of the Secretgry of the StiltLBoard of Health of the SM Michigan. (Lansing: W.S. George, 1875) pg. 83. Baker concisely describes contemporary view on the differences between the chemical (non-living) and germ (living) theory of disease and their relative importance to public health measures. “Undoubtedly there are substances which cause disease, each of which appears to have a different definite constitution and is capable of reproducing its kind. . ..the question of whether they are living or non-living. . .is interesting, but if the foregoing is true is unimportant.” For was sometimes preventable; 3. They could be destroyed outside the body by various means, such as, heat, disinfection, dilution with water or exposure to the free action of air. 55 down from its high plane of vigor and vitality, that it succumbs to the attacks of germs.26 This focus on the individual’s physical constitution endured as a vital part in Kellogg’s program of euthenics.27 This was in marked contrast to Vaughan’s take on the individual’s resistance to infectious disease. Vaughan’s experience on the Typhoid Commission during the Spanish American War showed him that rather than the weak being most likely to succumb to typhoid, it “is more prevalent among the well-nourished, apparently healthy and robust than it is among the more delicate.”28 In his memoirs composed a quarter century later, even more adamantly Vaughan asserted that typhoid, “was wholly confined to the robust and vigorous.”29 Kellogg’s focus on the importance of individual lifestyles, tended to provide a dichotomous perspective on the benefits of various types of public health measures. On 26 Kellogg, John. “How the Body Defends Itself Against Disease” Good H_ealth #39 (Battle Creek: Good Health Publishing, 1904) Pg. 619 27 Kellogg, John. “How the Body Defends Itself Against Disease.” Good Health # 39. (Battle Creek: Good Health Publishing, 1904) pg. 619. By 1904, Kellogg endeavored to update his theory of euthenic health with an explanation more closely tied to contemporary biomedical perspectives. He postulated the existence of germ destroying substances produced by the thyroid gland and suprarenal capsules, which he called “alexins.” Toxins (opium, coffee, alcohol, tobacco, etal.) and flesh diets inactivated the alexins allowing germs to swarm throughout the body. As Vaughan and his contemporaries in the fields of physiological chemistry and histology continued to elucidate the biochemical processes of disease, Kellogg attempted new explanations to update his euthenics theories; Kellogg, John. “How You Can Prevent Bright’s Disease.” Good H_ealth # 50. (Battle Creek: Good Health Publishing, 1915) pg. 477-476 Kellogg’s 1915 theory regarding Bright’s disease provides a valuable illustration. With the explication of morphological changes in the glomeruli of the kidney, though their origin remained unknown, Kellogg postulated that the degenerative changes associated with the disease resulted from the accumulation of poisons (ptomaines and other “toxins”) in the kidney. These poisons derived from faulty digestion in the stomach, which led to an overwhelming of the liver’s capacity to clear the poisons. Notice that Kellogg incorporates new evidence on the detoxification functions of the liver with glomerular filtration of the kidneys to substantiate his original thesis on the importance of a healthy lifestyle. Typically, he avers, “the use of tobacco and alcohol, and excesses of all sorts, by impairing digestion and breaking down the general resistance of the body, prepare the way for Bright's disease as well as for other chronic maladies. Bright's disease may be fairly considered simply as nature's penalty for Thanksgiving dinners, Christmas and New Year's feasts, and other forms of gormandizing. 28 Reed, Walter, Vaughan, Victor & Shakespeare Edward. Abstract of Report on the Origin and Sprezgpf Typhoid Fever in US. Military Camps During the Spanish War of 1898. (Washington: Government Printing Office, 1900) pg. 235—236. 56 the one hand, public measures were beneficial which served to enhance the individual’s health status in public situations (e. g. improved ventilation of public buildings) in that they complimented the euthenics formula of personal hygiene. But to the degree that public health achievements helped preserve those, whose intemperate/degenerate lifestyles might otherwise lead to their succumbing to illness before propagating, these measures only added to the ongoing race degeneracy problem. The effect of improved public hygiene has been to preserve the weak and feeble who were formerly the first victims of the terrible scourges which frequently visited every part of the habitable globe, thus reversing the process which according to Mr. Darwin results in the improvement of species and races through the "survival of the fittest," by keeping alive the un-fittest.30 For these reasons, Kellogg remained a limited sanitationist. Personal hygiene (euthenics) constituted the real site for the improvement of the organism’s environment and thus in his specific neo-Lamarckian understanding, for the betterment of mankind’s heredity potential. Yet, Kellogg’s Adventist religious roots made him sufficiently caring of the less fortunate that he supported most public health measures proposed by Vaughan and his other colleagues on the Board. His emphasis on the personal nature of disease susceptibility and heredity improvement derived from his strong commitment to popularizing his euthenics philosophy. Unlike Vaughan, Kellogg maintained that the proper method for studying infectious diseases was not the chemistry laboratory, but through in vivo experimentation. As late as 1912 Kellogg would declare, 29 Vaughan, Victor. A Doctor’s Memories. pg. 394 3° Kellogg, John. “Domestic Sanitation” Ninth Annual Report of the Secretary of the Michigan Board of Health of the State of Michiga_n. (Lansing, W. S. George, 1881) pg. 16-17 57 The place to study dietetics is not in the chemical laboratory, but the great workshop of nature. Thousands of lives have been sacrificed by the unwise attempt to follow some theory of nutrition based upon experiments in the chemical laboratory... The chemistry of the body is altogether different from that of the laboratory. Laboratory chemistry deals with dead things.31 For Kellogg the difference between in vitro versus in viva experimentation epitomized the dichotomy between the fallacious generalities of organic chemistry and the specific essentiality (life force) inherent in living organisms. With Vaughan’s conversion to the germ theory of disease, he proceeded to use the physiological chemistry laboratory as his means to clarify the physical agents of disease causation. In his first three years on the Board, he delivered the results of his laboratory’s research into the problem of ptomaine poisoning in Michigan dairy products. In 1885 and 1886 he produced evidence that the cause of the poisoning arose from a novel micrococcus he called tyrotoxicon.32 As a member of the Board, Vaughan tried to convince general practitioners that physiological chemistry methods were within their grasp. In an Introduction to the 1913 edition of Williams’ Laboratory Methods with Specigl Reference to the General Prflitioner, he stated that in many rural communities GPs had “equipped themselves with most effective laboratories,” and that to note only those contributions to medicine made in the great metropolises was to “rob it of half its glory.’,33 3’ Kellogg, John. ‘Flesh-Eating Biologically Wrong” Good H_ealth #47. (Battle Creek: Good health Publishing, 1912) pg. 3 32 Vaughan, Victor. “Poisonous Cheese” _T_h_ir;eenth Anan Report. (Lansing: W.S. George, 1885) pg. 225- 226; “Tyrotoxicon-Its Presence in Poisonous Ice Cream, Etc.” Fourteenth Annu_al Report. (1886) pg. 154- 164. 33 Williams, E.G.C. & Williams, B.G.R. Laboratory M_ethod_s with Special Reference to the General Practitioner. (St. Louis: CV. Mosby, 1913) pg. 11 There were many examples that Vaughan could point to in this vein: Koch’s development of solid culture media, Henry Beaumont’s gastric experiments on Alexis 58 Vaughan, with his prote’gé Frederick Novy, contributed a rich body of knowledge through the publication of their four editions of textbooks on ptomaine poisoning. Convinced by their study with Koch that bacteria constituted the root cause of infectious disease, they speculated that microorganisms produced illness by the action of chemical poisons elicited through the putrefactive processes of their growth. In so doing, they created a synthesis of bacteriology and chemistry, which emphasized the chemical nature of disease. In the third edition of their textbook, they elaborated upon the chemical processes responsible for illness by developing an explanation of autogenous disease, those maladies caused not by microorganisms but by the malfunctioning of the body’s own cellular chemistry.34 That some autogenous syndromes possessed a hereditary component was well known. Thus inherited defects in body chemistry could be expressed as illness in seemingly healthy individuals living in hygienic conditions.35 For Kellogg, these hereditary predispositions to malfunctioning body chemistry could only be explained by a prior generation’s problematic lifestyle. The differences between Kellogg and Vaughan’s perspectives on disease arose from the differences in their medical educations and practices. Kellogg as a specialist and the head of the Battle Creek Sanitarium with a long list of patients actively practiced medicine. His postgraduate education was devoted to the accumulation of practical methods for treating these patients. Thus his treatments focused more on the individual and concomitantly on issues related to the variegated nature of disease susceptibility. St. Martin, Ehrlich’s chemical staining techniques and Pasteur’s early work on molecular dyssymmetry and fermentation. 3’ Vaughan, Victor & Novy Frederick. Ptomains, Leucomains Toxins and Antitoxins: or The Chemical F_actors of Disease. 3rd Ed. (New York: Lea Brothers, 1896) pg. 549 59 Vaughan was essentially a researcher with a limited medical practice. His own postgraduate education was directed towards extending his research methodologies. For Vaughan the commonalties of disease processes were explicable through the reductionist methods of physiological chemistry. Vaughan and Kellogg brought these differences not only to the Board of Health’s discussion of various types of public health measures but to the public and professional debates on the future of medical education. Both stressed the importance of higher standards for medical schools, but differed on where the emphasis should be placed. Kellogg felt that the importance of clinical practice should be stressed; whereas, Vaughan put the accent on stronger bases in laboratory methods. Vaughan position as a member of the first Council on Medical Education in 1905 allowed him to effectively influence the professional medical community to an extent not possible for Kellogg through his periodicals (e. g. Good Health) geared towards the lay public. Yet while Vaughan was devoted to laboratory research, he remained a moderate in the battles developing over what became known as the fulltime plan. In America, the fulltime plan began with the opening of the Johns Hopkins Medical School in 1893. The plan called for the medical faculty to give up its lucrative consulting fees in return for a guaranteed income and release from the obligations of a holding a private practice. While some of the elite clinical practitioners teaching at Hopkins received generous fees from their consultations and the loss of this source of income meant a substantial forfeiture, many of the laboratory oriented physicians welcomed the freedom to pursue their teaching and research interests unencumbered by the burdens of an outside practice. The Hopkins’ fulltime plan caused some friction 3’ Ibid. pg. 550. 60 within the medical school’s faculty, but provided an example of how an elite school could successfully focus its resources on the advancement and teaching of the biomedical p aradi gmsts In the first decades of the 19th century, the General Education Board brought the fulltime plan and the attendant frictions between practitioners and researchers to national status by proposing it as the model for allopathic medical schools throughout the country. The GEB possessed enormous influence, as it represented the combined philanthropic resources of several of America’s most wealthy capitalists. The GEB offered substantial grants to elite schools if they would adopt the fulltime plan and continue to raise the academic standards in these schools. Vaughan, who had become dean of the U of M medical school in 1891, remained a researcher and sometimes practitioner through his tenure of three decades. His position as dean of the respected school, author of several series of medical textbooks, and only surviving member of Walter Reed’s Typhoid Commission conferred national prestige. His strong belief in the value of scientific medicine was tempered by his realistic desire to keep the allopathic physicians allied in an effort to improve their professional standing. For him this meant constraining the production of less qualified physicians. The benefits 3'6 Brown. E. Richard. Rockefeller Medicine Men. (Berkeley: University of California Press, 1980) pg. 156- 163. The divisions between the science medical faculty and the clinical faculty are neatly summarized by Brown in his discussion of the disputes between Franklin Mall, Hopkins’ chief of anatomy and William Osler a renowned teacher of “medicine as art.” Mall, an 1883 graduate of the University of Michigan’s medical school, studied in Germany upon his graduation and became a dedicated medical scientist. 1911, when Simon Flexner proposed a one million dollar GEB grant to the Hopkins’ medical school and asked how best it could be spent to develop scientific instruction, Mall suggested the outline of the fulltime plan. Flexner, recently returned from a research trip to study the teaching of scientific medicine in the German medical schools fully agreed and arranged for the expanded grant of $1.5 million to be spent as Mall suggested. This was the beginning of the GEB’s efforts to impose the fulltime plan and the teaching of standardized scientific medicine in medical schools throughout the US. Osler, like many other clinicians, objected to the strict focus on scientific medicine arguing that medicine was an art as well as a science. Osler was seconded in his opposition by such eminent surgeons as Charles Mayo and George Crile through 61 would be twofold. In a society which revered the practical benefits that science and technology were providing, scientific clinicians bestowed increased prestige upon the profession; the higher standards necessitated by a science education meant fewer doctors, which equaled less competition and concomitantly higher rewards and status. As early as 1905, Vaughan, a member of the first Council on Medical Education, referring to the continued overproduction of M.D.s, stated, “the supply quite equals the demand, and for this reason the time is propitious for raising the barrier to admission one notch higher.”37 But Vaughan was a realist and moderate. As news of the GEB’s grant to Hopkins spread, the perceived denigration of private practice by the science faculties provoked scorn for the program among many private practitioners. The AMA set up a special committee to oversee the reorganization of clinical teaching with Vaughan as its chairman. He strove to strike a middle path between allowing clinical faculties’ excessive participation in private practice while expressing the committee’s strong reservations regarding the practical implementation of the fulltime plan. He noted that though the plan might be ideal, it would only be feasible for the most well endowed schools.38 The GEB’s financial clout and Abraham Flexner’s 1910 report on America’s medical schools led to the consolidation or closing of 92 of the 155 schools visited in researching his report. In formulating his report, Flexner solicited opinions from and worked with George Simmons secretary of the AMA and editor of its journal, the Council on Medical Education and the eminent faculty of the Johns Hopkins school. Flexner’s report and the largesse the GEB dangled as incentive to the schools contributed the highly regarded Society of Clinical Surgeons. Other general and specialty medical societies representing the interests of practitioners supported their position. 37 - Ibid. pg. 150. 3“ Ibid. pg. 161. 62 to raising standards throughout the profession and to the implementation the fulltime plan. Vaughan’s moderation convinced many of those that initially opposed the rapid process of changing the nature of medical education and practice to support the medical reforms proposed by the GEB. Vaughan’s middle course was rewarded in 1914 with his election as president of the AMA. His presidential address left little doubt though as to his firm belief in the value of science based medicine.39 After recounting the history of epidemics from ancient Greece and Rome through the middle ages and into the 19th century, he stated that modern medicine would soon be able to “save the very flower of the human race.” Hinting at his own eugenic philosophy, he continued, “It is not extravagant to prophesy that with ten generations of freedom from disease, both inherited and acquired, the world would be regenerated and the superman be born.”40 Kellogg and Vaughan represented different perspectives on the advance of scientific medicine and education. Kellogg, primarily a scientific practitioner, sought to convert GPs and laymen to his views on healthy living. He supported these views with scientific research and promoted them through his popular publications and connections with mainstream medical organizations. Vaughan, essentially an academic researcher, used his affiliations and reputation as an eminent educator and scientist to persuade physicians of the practical benefits of a science based education and practice. Both men though differing in their respective opinions on the best way to foster good health 3” Vaughan, Victor. “The Service of Medicine to Civilization.” Journal of the American Medical Association #42. June, 1914. Reprint from the Michigan Historical Collection. pg. 20; “I know of no scientific discovery, from the ignition of wood by friction to the demonstration of the causes of infection and the restriction of disease, which has not sooner or later assisted in the betterment of the race.” ‘0 Ibid. pg. 12, 14 63 furnished the medical profession with examples of the benefits of science based medicine to their patients and themselves. Just as a science based medical education and practice reestablished the allopaths’ professional predominance among lay society, the pronouncements of medical professionals helped legitimize eugenics. Kellogg and Vaughan, again with different philosophical rationales, played prominent roles in fostering and implementing eugenic policies nationally, but even more so in Michigan. The next chapter will discuss the rise of professional eugenics and particularly the contributions Michigan’s physicians made to the movement in this state. Chapter Three: Professing American Eugenics Eugenics in the United States differed from that around the rest of the world in several ways. One way in which it differed was in regards to the professing of eugenics. Like many other countries with active eugenics movements, American eugenics had a broad and diverse group of supporters spanning the political and intellectual landscape. But unlike other nations, Americans began enacting sweeping eugenic legislation in the first decade of the century, nearly two decades before other nations would follow their example. The severity of this type of legislation was epitomized by compulsory sterilization laws. Americans began the forced sterilization of their fellow countryman nearly three decades prior to Germany and two decades prior to Scandinavian countries with similar legislation. Eugenics did not begin in the United States, but Americans became its most serious and ardent advocates if governmental policy can be taken as a measure of commitment. Because of America’s then unique system of governance, eugenicists successfully gained passage of such statutes by persuading citizens of the validity and merit of their program. This chapter focuses on the American eugenics agenda and its popularization. One reason for the early adoption of eugenic legislation in the United States was America’s popular form of government. Unlike most other industrializing nations of the period, America’s elected officials had little in the way of a conservative aristocracy or unified church hierarchy to oppose or mediate against the adoption of eugenic legislation if popular sentiment desired its implementation. Furthermore, the unique organization 65 and powers vested in the individual state governments allowed for a local/state consensus to prevail where a national accord would have been impossible. Conversely, even though a majority of states would eventually enact the most severe form of eugenic legislation, compulsory sterilization, these laws never became national in their extent. Most state legislators served terms of from two to four years. Frequent election contests motivated them to enact legislation quickly when and if public sentiment seemed to merit such action. Contrarily, legislators could expect swift political consequences for the passage of unpopular legislation. That more than twenty states would pass such laws within two decades and fail to repeal them in most cases for more than another four would seem to indicate broad public support.1 Another facet of the American system of state governance that indicates the breadth of public support is the bicameral organization of most state legislatures. Members of the upper house in most states represented districts apportioned across broader and more demographically diverse geographical areas than those of the lower house. In states with few or small metropolitan areas, upper house members principally represented farmers and the middle class professionals, mechanics and entrepeneurs who serviced these communities. This was particularly true in Michigan before the advent of widespread automobile production throughout the state. The popularization of eugenic theories in the US. took many forms but also played on the received wisdom of past generations of northern European yeomen. The paradigm of heredity did not shift so much as reinforce itself with the mantle of science. Proponents’ declarations into the 19408 bore a striking resemblance to those of humoral thinkers of twenty centuries earlier. Writing in 1939, the social historian Charles Beard 66 noted the old maxim that “each kind tends to breed after its kind. . . [yet]. . .healthful conditions make for health.”2 This constituted a positivist statement conditioned by the realization that some syndromes remained refractory to contemporary medical treatment. What most eugenicists argued for was not a simple eugenic culling of the population, but the use of eugenic knowledge as a necessary adjunct to the continued progress of their civilization’s development. What did Americans in the first decades of this century see imperiling their continued social and economic progress? Americans became increasingly conscious of a variety of social ills and their consequent costs as new means of measuring these problems evolved. The elaboration of more sophisticated government institutions such as public health services began to provide a plethora of data on the incidence of disease, poverty and social dysfunction that had been previously unavailable. Charitable organizations, such as the settlement houses, compounded the revelations of the government’s dry statistics with more personal accounts of the apparently increasing misery in metropolitan neighborhoods and the incapacity of public institutions to care for wards of the state. While some of this apprehension of a “social dilemma” reflected a real increase in the number of victims, much of the furor emanated from a new perception of what social responsibilities pertained to the state and the society at large. In an age of increasing affluence, the horrific conditions under which some people suffered seemed unconscionable. That a depraved social environment corrupted even the best genetic stock seemed self-evident but actionable. Most Americans believed that their social- economic-political system would elaborate new methods for improving the social ' Birthright, Inc. Sterilization for Human Betterment. (Princeton: Birthright Inc., 1949) Pub. #5, Pg.3 67 circumstances of the deserving disadvantaged. The question for most seemed to be who were the “deserving” and deserving of what. America had assimilated large numbers of immigrants throughout its history. But while many of these earlier immigrants had been perceived as too disparate in religion or politics by contemporary standards, the influx of large numbers of Asians, Eastern and Southern Europeans at the turn of the century brought about the perception of a new crisis in the nation’s ability to absorb people so dissimilar in background. Alien political, economic and religious ideologies constituted a dread, which could be assuaged by faith in the evident superiority of American institutions and the newcomers’ aptitude for discerning their benefits. Yet doubts about the new immigrants’ capacity to adopt to American values paled beside the perceived threat of foreign diseases and poor genetic endowments. Even with the advent of scientific medical practices, little could be done for most sufferers beyond the treatment of symptoms. In this era before the advent of antibiotic therapies, physicians strove for remission rather than cures for morbid infectious diseases such as tuberculosis. Quarantine of the infected and thus infectious sufferers remained the mainstay of preventing further spread of these communicable diseases. Could and should the nation accept the burden of treating newcomers whose prospects of becoming productive citizens seemed so unrealizable? For many old-stock Americans the answer was a definitive no. Vigorous disease screening procedures were established at new immigration centers such as Ellis Island. Thousands of emigrant Europeans found not a hospitable 2 Burtheau, Rudolf. People-What Else Matters. (New York: The American Eugenics Society, 1939). John Harvey Kellogg Papers, Box 19, Bentley Historical Library, University of Michigan. Pg. 1 68 welcome in America but a return trip to their native lands. Thousands more spent weeks or months in quarantine centers before discovering whether they would be allowed to enter their new homeland. America wanted healthy, vigorous laborers not the “human dross” of Europe.3 As with outbreaks of contagious diseases, science seemed unable to cure congenital illnesses but only to provide means for preventing or mediating their occurrence. Not only foreigners were seen as contributing to the burden of genetic disease and social maladaption. Two of the most publicized reports of socially dysfunctional families were Dugdale’s The Jukes (1877) and McCullough’s The Tribe of Ishmael (1888). Though these studies first gained popularity in the last quarter of the nineteenth century, they remained as basic examples of degenerate families through the turn of the century (see below). Dugdale’s study of five generations concluded that this one family had cost the state, over a million and a quarter dollars of loss in 75 years, caused by a single family 1,200 strong, without reckoning the cash paid for whiskey, or taking into account the entailment of pauperism and crime of the survivors in suc- ceeding generations, and the incurable disease, idiocy, and insanity growing out of this debauchery, and reaching further than we can calculate.4 The J ukes and Ishmaels were old stock Americans. These studies seemed to show that America possessed a homegrown eugenic predicament of monstrous proportions, which 3 Kraut, Alan. Silent Travelers: Germs, Genes and the Immigrant Menace. (Baltimore: John Hopkins University Press, 1995) Pg. 31-49 4Reilly, Philip. The Surgical Solution: A Histogy of Involunm Sterilization in America. (Baltimore: John Hopkins University Press, 1991) Pg. 15 69 could only be compounded by the influx of what many considered the most dubious elements of European societies.5 For many Americans, homegrown undesirables and immigrants of dubious merit comprised an insidious threat to America’s future. For some, the rise of popular movements espousing collective labor agreements and alien political philosophies (e. g. socialism, communism, etc.) confirmed their fears of degenerative processes within the body politic. Rising crime rates, often merely the reflection of increased policing, demonstrated the increasing debasement of moral and social values. Increases in the number of those institutionalized for mental disorders further confirmed deep-seated problems that required attention if America were not to be submerged in a tidal wave of degeneracy.6 5 Ibid. Pg. 9-20, Dugdale was typical of upper class reformers of the late nineteenth century. Richard Dugdale, a transplanted Englishman of independent means, was an avid social reformer in New York City. He was secretary of the Section on Sociology of the New York Association for the Advancement of Science and the Arts, and of the New York Sociological Club; treasurer of the New York Liberal Club and vice-president of the Society for the Prevention of Street Accidents. As a member of the Executive Committee of the New York Prison Association, he met Dr. Elisha Harris, the group’s corresponding secretary. Harris persuaded Dugdale to assist him in the inspections of county jails, with Dugdale accepting responsibility for those in the northern part of the state. Noticing in one institution that six of the inmates were related, he became engrossed in an comprehensive study of the family’s run-ins with the state’s justice and social welfare systems. Dugdale traced 709 persons who were related by blood, marriage or cohabitation to five sisters married to the sons of one Dutch descendant born around 1730. Though Dugdale was not a university graduate, he developed a complex Lamarckian type of analysis which while ascribing great importance to hereditary factors conceded the primacy of environment “where the conduct depends on the knowledge of moral obligation.” Dugdale’s book was widely popular among hereditarians, going through three printings in several months, though most readers failed to appreciate his insights on the importance of environmental factors. The Rev. Oscar McCullough, a zealous social reformer from Indiana, presented his study before the 15 m National Conference of Charities and Reforms. He concluded that over five generations, five brothers had given rise to 1,750 descendants, many of whom were socially deviant. The gist of McCullough’s claims was that the feeble-minded were unusually fecund, though no evidence on the fecundity of the normal population was supplied as a comparison. Though both these men merely sought to direct Americans attention to the problem of inadequate facilities and funding for the care of the feebleminded, their works spawned the invidious twin myths regarding feeblemindedness, herediatary predisposition and exaggerated fecundity. Dugdale’s work in particular would become the model for Charles Davenport’s Eugenic Record Office studies of four decades later. 6 Reilly. Pg. 14-20, In the early 1880s, Dr. Issac Kerwin, the nation’s premier physician in the field of mental retardation and director of Pennsylvania’s institution for the feebleminded at Elwyn, noted that of the 76,895 “idiotic population” cited in the 1880 census, only 2,429 were in institutions. Kerlin noted that while the population had as a whole grown by 30%, the “apparent” increase in idiocy was 200%.The 70 Widely read magazines and journals such as the Atlantic Monthly and the Westminster Review featured stories on the dilemma of “criminal families.” The Reader’s Guide to Periodical Literature listed only 27 articles on eugenics for the four years after 1905, while in the following five years that number had grown to 122. The general reading public was obviously being regularly exposed to eugenic issues in the popular press. Many articles, such as “Race Suicide and Racial Stamina,” “The Future of the Human Race.” and “Our Defectives” lent a frightening tone to the issues and contributed to a climate wherein expedient solutions seemed desirable. Kellogg concurred on the rise in criminality and attributed much of the problem to heredity. Seemingly, anticipating the use of Dr. Harry Sharpe’s new sterilization method (vasectornies) on young inmates of the Jefferson Reformatory, Kellogg suggested in 1890 that, “legislation or by some other means, measures should be speedily adopted for the prevention of this increase of criminals, if there is any feasible plan which can be adopted.”7 Professional journals, such as the Survey and Journal of the American Medical Association kept their readership informed on eugenics through articles and book reviews. From 1923-1931, the Survey published over twenty articles and numerous book criminologist Henry Boies asserted that while the general population had increased 170% from 1850 to 1890, the criminal population had increased over 445%. In Pennsylvania alone, from 1880 to 1890, inmates in criminal institutions increased fifty percent more quickly than the state’s population as a whole. By 1900, the eminent New York lawyer, Eugene Smith, presenting a paper entitled “The Cost of Crime” estimated the annual expense to the nation at around $600,000,000. A decade later a physician noted that the Massachusetts Prison Association estimated that state’s cost in dealing with crime as second only to the price of public education. Kellogg, John Harvey. Plain Facts for Old and Young: Embracing the Natural Hist_orv and Hygiene of Organic Life. (Burlington: I.F. Senger & Co., 1891), http://etext.lib.virginia.edu/modeng/modeng0. browse.html, 1995. Pg. 150, Kellogg held that, “the criminal classes, which are responsible for the greater part of the crime committed, are constantly and greatly on the increase. There is no doubt but that inheritance is largely responsible for the continued increase of crime and criminals.” 71 reviews dealing with eugenic measures from birth control rights to compulsory sterilization. JAMA (the official organ of the AMA) and other medical journals, frequently received articles from leading mid western eugenicists who also happened to be among its most influential members.8 That these perceptions of mounting levels of “perverse” or antisocial behaviors were largely the products of a rapidly evolving industrial society and its means of assessment may seem evident today, but to contemporaries there was little solace to be found from the data at hand. The rate of social and economic change in industrializing 8 Kellogg, Paul. Ed. The Survey. (New York: Survey Associates, 1923-1931) Vol. 51-65, As a journal directed to social welfare professionals it maintained a sensitivity to the conditions of social environment contributing to crime, poverty and “psychopathic” conditions. The Survey’s articles and book reviews reveal the general acceptance of what was considered the scientific basis for the eugenic paradigm generally without the overt racist connotations often associated with a paradigm of racial degeneracy. The Survey‘s cautious attempts to achieve balance regarding eugenics was evidenced by its commissioning a rebuttal to H.H. Laughlin’s overtly racist testimony before the House Committee on Immigration and Naturalization in 1922 (Kevles. Pg. 132), while providing a generally positive review of his Eugenical Sterilization in the United States (“Is Sterilization a Cure for Social Inadequacy” Survey: Vol.49 1923, Pg.798—799). Contributors to the Survey’s positive if guarded coverage of eugenics included such luminaries as author and social critic H.L.Mencken (“The Effect of Science” Vol 52, 1924 Pg. 7-11), and John Hopkins Emeritus Professor of Medicine, Dr Lewellys Barker (“Psychiatry and Public Health” Vol. 49, March 1923. Pg. 798-799). Barker and V.C. Vaughan were leading advocates for both the reform of medical education through the full-time plan and the promulgation of eugenic legislation. Barker was also a contributor of eugenic views to the Journal of the American Medical Association. As physician-in-chief at John Hopkins, and a leader in scientific medicine, Barker’s 1910 article in JAMA, “The Importance of the Eugenie Movement and Its Relation to Social Hygiene,” strongly influenced doctors of the reformist cast; A measure of the Survey’s influence on Michigan’s penal and mental health institutions can be seen in members of the Board of Corrections and Charities regular attendance at the yearly conferences sponsored by the journal and the fact that it was the only journal to which the Board regularly subscribed. (Minutes of the Board of Correcticm and Ch_arities, Archives of the State of Michigan, Box 1 1909-1915). Early examples of influential medical journals confinuing connection with influential mid western eugenicists include the contributions of Dr. Harry Sharpe, “Vasectomy as a Means of Preventing Procreation of Defectives” (JAMA: Vol.53 1909), Dr. Harry Belfield, “Race Suicide for Social Parasites” (J AMA: Vol.50 1908), and G. Frank Lydston, “Sex Mutilation and Social Therapeutics” (New York Medical Journal: Vol. 95, 1912). Dr. Sharpe perfected the technique of vasectomy at Indiana’s Jeffersonville Reformatory, where as chief physician, he had performed 456 sterilizations upon inmates prior to the passage of Indiana’s sterilization statute. He was the most influential supporter of Indiana’s legislation and rose to national prominence through these actions. Dr. Belfield, a surgeon and teacher of national prominence at Rush Medical College, became the first physician of national prominence associated with the AMA to support compulsory sterilization. Dr. Lydston, though an opponent of organized medicine was the foremost urologist in the Midwest and a professor of genitourinary surgery at University of Illinois. In 1904, he published Disea_ses of Society and Degenergy. This was the first American work to call for mass sterilization as a means of curtailing “social disease.” Lydston further recommended castration as a method of behavioral control among the criminal population. (Philadelphia: J .B. Lippincott, 1904) Pg.562-567. 72 nations was unprecedented in world history. America rushed towards to a future with few signposts along a path seemingly strewn with pitfalls of unknown and possibly abominable depths. One of the most evident seemed to be the creation of a population with genetically endowed moral and mental deficiencies. Into this milieu, American eugenicists brought the promise not only of forestalling a legacy of social degeneracy, but the assured evolution of a better human being through selective breeding. In keeping with the cherished American value for the rights of the individual, their program depended on the voluntary acceptance of their agenda, only those considered incapable of exercising these rights need be compelled. Educating the masses as to the benefits and losses of breeding choices formed the mainstay of their program. Proponents assumed that responsible, educated citizens would surely make worthy decisions given the appropriate information. The probity of the legislators and courts would serve to further the interests of all by making such decisions for those incapable of exercising their rights, the wards of the state. In the United States, eugenics was tempered by the democratic philosophy which reformers held dear, if not for everyone, at least for the white Anglo-Saxon Protestant majority. In “People-What Else Matters,” a pamphlet popularizing mainstream eugenics in the late 19303, the author maintained that eugenics was a “school of thought which holds that it is within mankind’s own powers to develop better minds and bodies.” This “school” held that its teachers, “the natural sciences, the social sciences, the learned professions and the church must contribute their influences toward better minds and better bodies.”9 9 Burtheau, Rudolf. People-What Else Matters. (New York: The American Eugenics Society, 1939). John Harvey Kellogg Papers, Box 19, Bentley Historical Library, University of Michigan 73 This pamphlet’s contributors display the broad mix of politicians, doctors lawyers, educators, clergy and laymen who came together in support of eugenics. Eugenics seldom stood alone in the supporters’ minds, but was usually tied to other goals, thought concomitant with eugenics. These goals ranged from efforts to save the planet from overpopulation to the costs of directly inherited defects to the individual and society. Gifford Pinchot, the Governor of Pennsylvania and an avid conservationist, called “eugenics the other side of the conservation problem of making the earth a better place to live on.”10 Dr. Aaron Rosanoff, the director of California’s State Department of Institutions asserted “the opinion that in the causation of certain mental disorders hereditary factors play an important part. Hence a program for their prevention must necessarily include measures of eugenics?“ Because eugenics might provide a useful adjunct to the amelioration of a wide range of problems, the dearth of scientific knowledge in the field demanded the rapid development of a science based eugenics. Yet the perceived imminent and diverse ramifications of inaction, equally required that what knowledge existed be put to use. As the eminent Marxist historian Charles Beard put it, “We know too little about environment and heredity, but we know enough to know that healthful conditions make for health and that each kind tends to breed after its kind, that strength is more likely to come form strength than from weakness. This knowledge gives eugenics a fundamental place in the thinking of all persons interested in the building up and maintaining a civilization.”12 '° Ibid. Pg 6. ” Ibid. Pg. 18 '2 Ibid. Pg. 1 74 The introduction of science based medical practice in the United States revolved around a constellation of evolving economic and intellectual requirements, which were derived from the elaboration of more complex scientific industrial social structures. The interests of physicians and capitalists in improving medical practice demonstrate the self- interest of these groups, in effect, the improved status and remuneration of physicians and the enhanced (healthier) workforce available to the scions of industry. Yet the broad appeal and support for improving medical education was in large part due to the increasing numbers of middle class families who could afford and understand the benefits of scientific medicine. With the advent of more comprehensive sanitation in the metropolitan areas of the nation, the bane of infectious childhood disease diminished. Before the last half of the nineteenth century, the highest mortality rates were among those under six years of age, with infectious diseases accounting for most of the deaths in this group. The growth of the middle class concentrated in the burgeoning cities and towns where the need for their services was greatest. The larger the town or city, the more elaborate and diverse were the occupations open to middle class exploitation. Most of these occupations required a level of education unnecessary to the working class or agrarian laborer. As childhood survival rates increased, middle class families could afford to devote more resources to the education of a smaller number of siblings. Smaller family size and increased education among this segment of the populace led to ample demand for the services of the scientific medical practitioners. As middle class family size decreased the focus on promoting the health and education of their offspring coincided with an emphasis on better parenting, even so far as a scientific 75 parenting. Procreation as the first step in parenting, also came to include a bias towards the scientific aspects of selecting mates. Eugenicists, largely middle class reformers of various stripes, proclaimed themselves the heralds of a new school of scientific breeding. The reform of American medicine was largely led by those most directly effected, doctors and capitalist-philanthropists interested in the more short term benefits to be directly derived from the promulgation of scientific medicine. Eugenics, as a movement with some immediate, but generally more long term goals, brought together a much broader array of political and philosophical dispositions. By their very nature, eugenic goals could only be achieved after the passing of several generations; even the strictest selection entailed the continued culling through generations of progeny to achieve the goal of a genetically better human being. Like the development of science based medicine, the development of eugenics initially depended upon the leadership of philanthropists. In England, Sir Francis Galton, provided not only the term eugenics, but substantial financial support for the development of a science of eugenics. Galton, Karl Pearson and Walter Weldon, the latter professors of mathematics and zoology at London University began publishing Biometrika in 1902, a journal devoted to the mathematization of heredity and evolution. The journal attracted few Britons, but was popular overseas; half the early subscriptions went to Americans.13 Montague Crackanthorpe, founder of the Eugenics Education Society, in 1908 persuaded Galton to serve as Honorary President and active participant in determining the society’s direction. The society’s eminent membership lent credence to its publication, 76 the Eugenics Review, which sought to impart the essentials of eugenics to the educated public.14 In 1904, Galton allocated 1500 pounds a year to fund a Research Fellowship in National Eugenics through the University College. Galton expected the first Eugenics Fellow, Edgar Schuster, to pursue Galton’s own vein of research, namely compiling a register of Britain’s “able families” to determine the hereditary constituents of ability. Shuster dutifully founded a Eugenics Record Office and set about collecting pedigrees, mainly those of Fellows of the Royal Society. The young Oxford graduate, one of Weldon’s students, soon found the collection of such sociological data uninspiring for one whose primary interest was zoology. At Pearson’s urging, Galton terminated the fellowship after two years and transferred the funding and Record Office to Pearson’s tutelage in the newly created Galton Laboratory for National Eugenics. In his will Galton committed the bulk of his estate to the maintenance of eugenics studies at University College.” Upon his death in 1911, Galton left an endowment of forty-five thousands pounds for the Galton Eugenics Professorship at University College. By his express wish, the chair was awarded to his disciple, Karl Pearson. Differing from most fellow socialists of his day, Pearson, a pioneering statistician, believed like his patron Galton that salvation '3 Kevles, Daniel. In the Name of Eugenics: Genetics and the Uses of Humgn Heredig.(Berkeley: University of California Press, 1986) Pg. 27-30; Haller, Mark. Eugenics: Hereditarian Attitudes in American Thought. (New Brunswick: Rutgers University Press, 1963) Pg. 7-8, 9, 12, 17-19. M Haller. Pg. 18; In 1908 the members also lobbied before Parliament to secure adoption of the recommendations of the Royal Commission on the Care and Control of the Feebleminded and to bring British poor laws more into line with eugenic goals. Among those active in the Society were Havelock Ellis, then completing his monumental studies of sex; the Rev. W. R. Inge, a distinguished professor of divinity; David Heron, an associate of Pearson; Dr. Caleb Williams Saleeby, the outstanding propagandist for eugenics in England; Dr. F. W. Mort, a psychiatrist and leading student of heredity in insanity; Dr. A. F. Tredgold, the foremost British expert on feeblernindedness; Edward Nettleship, already respected for his study of hereditary eye diseases; literary figures like George Bernard Shaw and H. G. Wells; socialists like Sidney Webb; and numerous members of the nobility. 77 from hereditary degeneracy depended not upon the amelioration of corrupting environments, but encouraging the propagation of society’s fitter elements. Ethel Elderton, Galton’s personal assistant and later female mainstay of Pearson’s staff, summarized the philosophy emanating from the Galton Laboratory. “Improvement in social conditions will not compensate for a bad hereditary influence. . ...The only way to keep a nation strong mentally and physically is to see to it that each new generation is derived chiefly from the fitter members of the generation before.”l Pearson also headed the new Department of Applied Statistics, which became the nexus for the English school of statistics. The department drew researchers from diverse fields around the world. According to a 1918 review, his department had trained more than sixty people from disciplines as varied as mathematics, medicine, economics, biology, anthropometry, criminology, psychology and agriculture. The department relied on numerous volunteers to collect data. Mostly physicians and social workers, they gathered material from hospitals, schools and ordinary homes. While much of the data collected related to Pearson and Galton’s dubious belief in the inheritance of scientific, commercial and legal ability, Pearson’s researchers assembled valuable information on hermaphroditism, hemophilia, cleft palate, tuberculosis, diabetes, deaf—mutism, polydaetyly, brachydaetyly, insanity and mental deficiency. The department’s reports, numbering some three hundred works between 1903 and 1918, typically inquired into the relationship of physique and intelligence, the resemblance of ‘5 Kevles. Pg. 37-38; Haller. Pg. 12, 17-19 ‘6 Kevles. Pg. 40 78 first cousins, parental occupation upon child welfare or birthrate, and the hereditability of alcoholism, tuberculosis and defective sight.” Pearson’s department was the only British institution for eugenic research and the primary source for authoritative eugenic science in Britain. While it would remain the benchmark for eugenic research in the early years of the twentieth century, its greatest contribution to the growth of eugenics proceeded from the training and inspiration transmitted to students and research workers coming from as far afield as the Continent, the United States, India and Japan. The British eugenics societies, research institutions and publications provided a template for the development of eugenics movements worldwide. In the 18908, while teaching zoology at Harvard, Charles Davenport read Pearson’s papers on the mathematical theory of evolution. He began lecturing and publishing on the t0pie, and in an influential work on morphology called for the application to biology of the exact methods of the physical sciences. Recognizing his importance as a pioneer in biometry, the newly founded University of Chicago hired him as an assistant professor in 1899. Shortly thereafter, Davenport traveled to England and after meeting with Galton, Weldon and Pearson returned to the United States filled with “renewed courage for the fight for the quantitative study of Evolution.”18 In 1904, after two years of intense lobbying, Davenport persuaded the Carnegie Institution of Washington to fund the establishment and maintenance of the Station for Experimental Evolution at Cold Spring Harbor. Davenport as director of the station and of the adjacent summer Biological Laboratory of the Brooklyn Institute of the Arts and ‘7 Kevles. Pg, 39-40 ’8 Kevles. Pg. 46-48; Haller. Pg. 63-64 79 Sciences recruited a small but able staff from his students at the institute to carry on the station’s research on variation, hybridization and natural selection. Davenport’s research staff contributed significantly to the growing body of knowledge in the fields of biometry and genetics. And while his work on poultry and canaries helped broaden the demonstration of Mendelian inheritance in animals to the scientific community, his research on the inheritance of eye, skin and hair color in humans earned him a reputation as America’s leading eugenicist among both scientists and laymen.19 In 1909, he became secretary of the Committee on Eugenics of the American Breeders’ Association and set about organizing committees to encourage the study of human heredity at universities and institutions. With Davenport in a position of leadership, these committees and their eminent members stimulated increased research in human genetics around the county.20 It also fueled his desire to further his own research into human heredity. Since direct experimentation with humans was impossible due to long generative cycles not to mention ethical problems, Davenport would have to rely on methods similar to those of Pearson and Galton, the compilation of pedigrees. Pearson and Galton collated data on ‘9 Kevles. Pg. 44-46; Haller. Pg. 64-66, 71-73 20 Haller. Pg. 64-65: Alexander Graham Bell, a friend of Davenport's, headed a committee on deaf-mutism. Henry H. Goddard of the Training School at Vineland, whose work with mental testing and heredity of feeblemindedness gave him a central place in the eugenics movement, and Walter E. Fernald of Massachusetts, the most distinguished American student of feeblemindedness, joined a committee on feeblemindedness. A committee on insanity boasted Adolf Meyer, a leading psychiatrist, Elmer E. Southard, the brilliant young psychiatrist of the Boston Psychopathic Hospital, and Aaron J. Rosanoff of the Hospital at Kings Park in New York. A committee on inheritance of mental traits included Robert M. Yerkes, the Harvard psychologist, Edward L. Thorndike, psychologist at Columbia University, and Frederick Adams Woods, a biologist at the Massachusetts Institute of Technology. Among members of a comrrrittee on criminality were Charles R. Henderson, sociologist at the University of Chicago, and William Healy, whose investigations revolutionized the study of the criminal mind. A committee on epilepsy included Everett Flood and David F. Weeks, both institutional superintendents. Finally, Prescott F. Hall and Robert D. Ward, leaders of the Immigration Restriction League and classmates of Davenport at 80 phenotype, the demonstrable physical traits of individuals, and sought from these to elucidate the inheritance of these unit characters. Davenport wished to study the genotype, the underlying genetic characters, which determined phenotype. As genotype could only be inferred from exarrrining as many related phenotypes as possible, he needed much more detailed family histories than those collected by the British researchers. In pursuit of funding this new endeavor, and upon the death of railroad magnate E.H. Harriman, he used the acquaintance made teaching genetics to Harriman’s daughter Mary to approach the philanthropieally inclined widow. Explaining the importance of an institution directed solely to the accumulation of data on human heredity, he was able to persuade Mrs. Harriman to fund the establishment of the Eugenics Record Office on an 80 acre site adjacent to the station at Cold Spring Harbor in 1910. Over the next seven years, Harriman would contribute over $250,000 to the ERO, 85% of its budget. In 1918, anxious to make the ERO a permanent institution, she offered to donate the grounds, buildings and a $300,000 endowment upon the Carnegie Institution’s assumption of control. Three years after the Institution’s acceptance, the ERO and the Experimental Station were consolidated into a Department of Genetics with Davenport as resident director. Davenport selected Harry H. Laughlin, a Princeton graduate and instructor of agricultural breeding as its superintendent. They immediately established a summer school to train young men and women to collect the voluminous amounts of data necessary. By 1928, they had trained over 250 field workers. Their studies were not limited to Davenport’s classroom lectures on the principles of genetics, but included field trips to prison, asylums and outstanding examples of defective families of the J ukes type. Harvard, assumed control of a committee on immigration; Kevles. Pg. 45—46, 50-5 2, 53-56 81 While some of these researchers remained at the ERO to collate the incoming data, many went forth to asylums and reformatories to gather histories on the inmates, which would then be augmented by data collected from their families. The ERO also devised a generic family history form, which it mailed out to receptive individuals soliciting eugenic histories from an even broader population. Over its first two decades the ERO compiled histories on hundreds of thousands of Americans; histories, which formed the basis of numerous popular monographs, and shaped the perception of popular eugenics in America.21 The 1910s proved to be the heydey for eugenics in many respects. Fourteen states passed compulsory sterilization laws. Many others updated laws providing funding for the institutionalization and enforcement of the sexual segregation of the feebleminded and insane. Universities and colleges across the nation sought to include coursework in eugenics, usually through courses in related fields. By 1914, leading institutions such as 2’ Reilly. Pg. 9-1 1,18-20, Following Dugdale’s model, the ERO produced four such studies: The Hill Folk (1912), The Nam Family (1912), The Kallikaks (1912) and Dwellers in the Vale of Siddem (1919). These works perpetuated the twin arguments of the excessive cost and fecundity of the feeblenrinded. By the time the ERO published the new studies, Dugdale and McCullough’s arguments, originally used to help induce state legislatures to increase funding for state institutions, became proof for the need of compulsory sterilization laws.; Haller. Pg. 55-56, 64-66, 70-75, In 1916, the ERO began the monthly publication of the Eugenical News, a journal for the popularization of the ERO’s activities and official of the Eugenics Research Association, the most influential organization for the study of genetics in the U.S.; Haller. Pg. 65, Even for laymen without a scientific background, there was little need to stretch beyond the common knowledge of animal husbandry to understand and accept the eugenics agenda. According to Davenport, Mrs. Harriman often said, “the fact that she had been brought up among well-bred race horses helped her appreciate the importance of a project to study heredity and good breeding in man.”; Reilly. Pg. 43, John D. Rockefeller, Jr, whose largesse was largely responsible for the reform of American medicine, was also a major contributor to the ERO; Kevles. Pg. 44-48, 77-84. Dugdale’s model was also adopted by Dr. H.H. Goddard, the director of New Jersey’s Vineland Training School, in his highly influential, The Kallikaks: A Study in the Inheritance of Feeblernindedness. (1912). The importance of the Kallikaks study was Goddard’s adoption of Alfred Binet’s IQ scales as a means of measuring intelligence. Binet had developed the scales as a means of ascertaining appropriate training regimens for his feebleminded patients. In the hands of eugenicists like Goddard, they were used to dramatize the “eugenic threat.” Perhaps the greatest perversion in their use was Robert Yerkes studies of recruits for the US. Army in W.W. One. Though Yerkes initially started with the goal of assisting the army in properly placing recruits, the data was used after the war by eugenicists as proof of the inheritance of intelligence and the national increase in mental deficiency. 82 Harvard, Columbia, Cornell, Brown, Wisconsin, Northwestern and Clark had courses devoted in full or large part to eugenics. Increasing numbers of textbooks on the subject, and popular treatises directed at the lay public were published throughout the decade.22 In Michigan, efforts to educate teachers and lay public, included Victor Vaughan’s Sex Attraction, a book form version of his popular lectures to ladies of Eastern Michigan Normal School, at Ypsilanti. Not a full-fledged eugenics text, the goal of the book was to instruct young teachers on the dangers of venereal disease and inappropriate choices in choosing a mate. In a folksy manner, Vaughan advocated teaching the principles of eugenics and euthenics (environmental or behavioral hygiene) in public schools through courses in sexual hygiene, a rather revolutionary view for its time. Vaughan’s position as dean of Ann Arbor’s medical school, president of the AMA, member of the State Board of Health author of several medical textbook and research articles and sole surviving member of the Reed Commission no doubt made a great impression on the future teachers.23 His popular lecture on eugenics at the University of Michigan was excerpted in to a compilation in 1914, Eugenics: Twelve University Lectures. Though Vaughan espoused the value of euthenics to the young women of Ypsilanti’s teacher’s college in Sex Attraction, his lectures in Ann Arbor demonstrated his firm comrrritrnent to the dominance of heredity over environment. Quoting Galton, he noted, “when nature and 22 Haller. Pg. 72-75. Eminent eugenicists such as Roswell Johnson, a former student of Davenport’s at Harvard, and Adams Woods began teaching courses at prominent universities (e.g. University of Pittsburgh and Massachusetts Institute of Technology). William Kellicott, professor of biology at Goucher College, published The Social Direction of Evolution: An Outline of the Science of Eugenics in 1911. Michael Guyer, a zoologist at the University of Wisconsin, produced the popular Being Well-Bom: An Introduction to Eugenics in 1916. Paul Popenoe, editor of the Journal of Heredity, collaborated with Roswell Johnson in 1918 to produce the best survey of the period, Applied Eugenics. 23 Vaughan, Victor. Sex Attrggtion: A Lecture given at the Michigan State Normal School, July, 1919. (St. Louis: C. V. Mosby Co., 1920) Bentley Historical Library, University of Michigan. 83 ”24 As a devoted nurture compete on equal terms. . .., the former proves the stronger. “follower of Mendel”, he considered heredity to be the strict “transmission of unit character or their determiners.” He cited the work of Davenport and Goddard as evidence for this type of transmission in humans.” A product of Vaughan’s upbringing on the family’s Missouri farm, his folksy manner carried through into his talks on eugenics with terms such as “good stock” for the phenotypic history of a family. As examples, he provided Thomas Carlyle and Abraham Lincoln, both of poor families. To be rich in genetic inheritance one’s ancestors could be very ordinary people, but so long as all were sober, sane and honest, you have a goodly inheritance. This is a family record of which but few kings can boast, and its possession should be highly prized by those fortunate enough to rightfully claim it,26 Vaughan felt that wealth was a poor indicator of genetic fitness. Among the many detrimental influences he associated with Americans’ veneration for the rich, was the confusion of financial wealth with human worth. For him, stock manipulating financiers equated to only a very successful variety of the “criminalistic.” Good stock meant a phenotypic history “relatively free from undesirable unit characters.”27 7” Vaughan, Victor C. “Eugenics from the Point of View of the Physician.” Eugenics: Twelve Univers!ity Lectures. (New York: Dodd, Mead & Co. 1914) Pg. 42; Vaughan’s lecture was also given at the University of Wisconsin in 1913. 25 Ibid. Pg. 48; Haller. Pg. 64-66, Throughout the 1910s, Davenports and Goddard’s work at the ERO was generally considered scienn'fically unimpeachable. Davenport’s earlier work in the first decade of the century had been on traits demonstrably conforming to a Mendelian pattern of inheritance by the standards of the time (e.g. hair and eye color). Goddard’s work using Binet’s IQ scales also epitomized the newest quantitative means in measuring human abilities. Statistical analysis, still a new science, was often inappropriately applied during this period with few experts (e.g. Pearson) able to definitively judge the merits of these studies. Vague definitions of what constituted “unit characters” further compromised efforts to demonstrate the patterns of inheritance. To Davenport’s credit he generally cautioned against taking action based upon eugenic theories until more knowledge had been gathered. 26 Eugenics: Twelve University Lectures. Pg. 60 27 Ibid. Pg. 54, Vaughan suggested that to “show that inheritance is more potent than environment in the development of the criminal” it would be necessary to include the “stock manipulator” who was as “truly a thief as one who steals a purse.” Pg. 68-70, He further condemns wealth and the classism it breeds as 84 Vaughan listed “alcoholism, feeblenrindedness, epilepsy, insanity, pauperism, and criminality” among the “undesirable unit characters” considered absent from “good stock.” According to Vaughan, All of these classes should be excluded from the list of those to whom is granted the privilege of exercising the highest, holiest, most important function of the race-- parenthood. From what I have already said it is evident that in order to boast of good stock it is necessary to have the history of at least three generations. Among these there should be none of the defective unit characters mentioned above.28 Sounding more like Galton and Pearson, than a strict Mendelian, he asserted in his promulgation of inherited features that, “Temperament, fluency in speech and readiness in composition, manual dexterity, memory, imagination and other physical and . . . . . . ”29 - - mental characterlstrcs show unusual development in certain famlhes. Yet describing the inheritance of insanity, his description of the inheritance pattern follows simple Mendelian ratios. Citing the works of Rosnaoff, Orr, Davenport and Weeks, Vaughan affirmed, All agree that certain forms of insanity are transmissible, and so far as such inheritance has been studied it seems to follow the Mendelian law. When both parents are insane, none of the children remain normal; when one parent is normal but of insane stock and the other insane, half the children may become insane; when both parents are normal, but of insane stock, about one-fourth the children become insane.30 engendering dissipate lifestyles and acting as a bar to eugenic marriages between the worthy of different classes. 28 Ibid. Pg. 60 ’9 Ibid. Pg.48 3° Ibid. Pg. 49-50 85 But his concept of genetics eschewed strict adherence to the simple Mendelian unit character form of inheritance to include such phenomena as sex-linked recessives in hemophelia. Like Davenport, Vaughan realized that some predisposition to disease or behavior resulted from the interaction of multiple genetic “determiners.” For eugenicists, the physiological nature of these determiners remained unknown for decades and the effects of environmental “poisons,” such as, alcohol and venereal disease further complicated attempts to elucidate the nature of inherited “defects.” While Mendelians acknowledged that environmental influences could directly affect the phenotypic character and in some rare instances even the “germ plasm” (and thus the genotype), they differed from Lamarckians belief in the pliability of genetic material. Through the 19205 the question of genetic malleability remained intensely contested among eugenicists and geneticists in all fields. In their pronouncements, advocates on both sides frequently voiced opinions more often commensurate with their positions on social issues than on the scientific evidence at hand. This question went to the heart of the social value of eugenics. If the germ plasm was indeed moldable to environmental influence, then the benefits of programs to promote the general welfare and uplift the disadvantaged held the promise of providing a beneficent genetic endowment for future generations. On the other hand, if the Mendelians were correct, most social welfare programs merely allowed the eugenically degenerate to survive and propagate their corrupted germ plasm to the detriment of the nation’s posterity. Yet, for both Larnarckian and Mendelian eugenicists, the socially deviant constituted a grave threat. 86 For Mendelians, depraved lifestyles generally originated with degenerate inheritance, while for Lamarckians corrupted social conditions constituted an inheritance and an exacerbation of the deleterious effects of that inheritance that would be visited many fold upon future progeny. For the latter, only the young could be saved, and their salvation was problematic. The perceived fecundity of the degenerate classes presented eugenicists of both schools with a dilemma. If as supposed, the socially deficient and dependent classes were propagating their kind in numbers that outstripped that of the “good stock, ” then all measures at bettering social conditions were put at risk by their burdening society with unbearable fiscal costs. Vaughan’s position on the eugenic threat to the human race conformed to mainstream fears of racial degeneration. The prevalence of feeblemindedness in this country is becoming alarming and demands the attention of all who are interested in the future of the race. Without being an alarmist or a pessimist, I wish to say that the American people is threatened with the spread of mental and moral degeneracy through the multiplication of the unfit.3 ’ His solution to the problem demonstrates his affirmation of compulsory sterilization laws and his support for Michigan’s course. By 1929, all of the categories Vaughan cites would be included in Michigan’s most comprehensive sterilization law. Fifteen years before its inception, Vaughan proclaimed, The State will not permit the reproduction of the weak- minded, the insane, the alcoholic and the criminal, and will deny parenthood to those suffering from diseases which cripple offspring. This prohibition will be enforced by segregation or by sterilization, or by both.32 3’ Ibid. Pg. 49 32 Ibid. Pg. 74 87 In 1914, Vaughan, as president of the State Board of Health, Dean of the University of Michigan’s medical school, and president-elect of the AMA brought the credibility of Michigan’s most eminent physician and eugenicist to John Harvey Kellogg’s First Race Betterment Conference in Battle Creek. Perhaps in deference to Kellogg’s Larnarckian views, Vaughan’s address to the conference dealt with the environmental harm done to germ plasm through the effects of venereal disease.33 The most eminent eugenicists in the nation attended the conference. The ERO’s Davenport and Laughlin provided lectures, as did such luminaries as Yale’s Irving Fisher, and the Tuskegee Institute’s Booker T. Washington. Kellogg’s Race Betterment Foundation, which sponsored the conference, boasted an impressive roster of political and intellectual figures. The state’s governor served as honorary president, three US. Senators were members of the Central Committee as were three members of the State Board of Public Health. Presidents of prestigious universities, medical schools, school boards and government agencies, such as, Charles Elliot of Harvard lent their names to the RBF’s endeavors. Vaughan’s preeminence as an eugenicist was suggested by his listing on the roster, second only to Charles Davenport of the ERO. Newell Dwight Hillis, pastor of Boston’s Plymouth Congregational Church, suggested the idea for the first RBF conference to Kellogg as a means of addressing the increasing social problems associated with growing urban areas. Though Kellogg primarily focused his reforrn efforts by way of propounding the benefits to the individual of a euthenic lifestyle, his social conscience demanded that he also convey them to as broad a public as possible. The first RBF conference managed to reflect Kellogg’s 33 Robbins, Emily. Ed. Proceedings of the First National Conference on Rayce Betterment. (Battle Creek: Race Betterment Foundation, 1914) Pg.90-96. 88 healthy living philosophy (vegetarianism, avoidance of environmental poisons, e.g. alcohol, tobacco, etc.) and bring together America’s most eminent eugenicists establishing a lasting connection between the sanitarium’s program of biologic living and American’s interested in promoting eugenics.34 The first conference covered a wide range of topics: medical, social and environmental. The medical presentations included papers on arteriosclerosis, hookworm, physical fitness, tuberculosis, venereal disease (Vaughan), increases in degenerative diseases and of course the benefits of biologic living. The more general eugenic presentations dwelt on the significance of declining birth and death rates, differential fecundity, increase in insanity, sex education, immigration policy, marriage selection and a plethora of reform measures claimed to bestow a eugenic benefit on the nation.35 The conference finished with what had become widely popular in county and state fairs throughout the county as Better Baby and Fitter Family contests. The conference’s “Physical and Mental Perfection Contests,” though limited to children of Battle Creek, demonstrated what Robbins Gilman, head worker of the University Settlement House of New York, claimed should be its real goals. The interest generated in contests to recognize healthy babies and children presented an opportunity for surveying the unhealthy and directing educational, medical and social welfare resources to those in need.36 34 Schwarz, Richard. John Harvey Kellogg M.D. (Nashville: Southern Publishing Co. 1970). Pg. 221-223 Though the RBF became a full-fledged organization for the promotion of eugenics, it maintained a bias towards the euthenic philosophy Kellogg sought to popularize. While the RBF conferences served to legitimize his claims, the RBF’s continued support for Kellogg’s Good Health journal, remained the ' means of espousing his philosophy to the public. 5 Proceedings of First National Race Betterment Conference. Pg. v-x 3“ lbid. Pg. 272-279 89 The success of the first RBF conference followed on the heels of the First International Eugenics Congress held in London in 1912. This conference was attended by some 750 people from Europe and the United States, distinguished by such notables as the former Prime Minister of Britain, Arthur Balfour, Sir Winston Churchill, Alexander Graham Bell and Charles Elliot, the former president of Harvard University. The international congress presented an opportunity for Europeans and Americans to establish closer links among their respective eugenics societies, particularly between the British and American groups who proceeded to elect members to each other’s respective societies.37 While Kellogg’s first RBF conference could only boast slightly more than four hundred attendees, nearly twice as many papers were presented, many from America’s most influential reformers and eugenicists. The success of the first national conference led the organizers to sponsor another conference the following year in connection with the Panama-Pacific Exposition in San Francisco. Though the second national conference was less successful in the numbers of delegates attending and formal papers presented, the sponsors determined to make such conferences annual events. But by 1916, the First World War, which had prevented further International Eugenie Congresses, and Kellogg’s own deteriorating health led to the postponement of further national conferences.38 During the wartime hiatus, the RBF continued to promote Kellogg’s particular medical philosophy of euthenics, the improvement of the individual through healthy 37 Kevles. Pg. 63 3" Schwarz. Pg. 131-135. In 1918, Kellogg, aged 66, tried to fill in as many of his staff left to join the American Expeditionary Force. Failing to follow his own advice about proper nutrition, rest and exercise, 90 living habits. During this period, the primary means for Kellogg to disseminate his eugenic/euthenic message remained the journal Good Health. Though ill health prevented both Kellogg and Vaughan from participating in the Second International Eugenics Congress in 1921, the success of the event sponsored by the American Museum of Natural History induced Kellogg to organize a last national conference in 1928.39 Yet, even in 1921, fissures in the eugenics community appeared as some geneticists refused to accept positions in eugenics societies. The assertions of mainline eugenicists, such as the Second International Conference’s organizer and president of the Museum of Natural History, Henry Fairfield Osborn struck many as at best disparaging of democracy. Osborn, in his opening address to the congress stated, In the United States we are slowly waking to the consciousness that education and environment do not fundamentally alter racial values. We are engaged in a serious struggle to maintain our historic republican institutions through barring the entrance of those who are unfit to share the duties and responsibilities of our well- founded government. The true spirit of American democracy that all men are born with equal rights and duties has been confused with the political sophistry that all men are born with equal character and ability to govern themselves and others, and with the educational sophistry that education and environment will offset the handicap of heredity. South America is examining into the relative value of the pure Spanish and Portuguese and of various (eating one meal a day, working 18 hours a day) he suffered a relapse of his childhood tuberculosis requiring an extended convalescence. 3’9 Schwarz. Pg. 68-69, 71-72, 91-93, 101-103, 170-192, 220-223, 234-240. In 1906, Kellogg created the AMMB as a means to support activities formerly carried out by the Seventh-day Adventist Medical Missionary and Benevolent Association. As Kellogg’s medical philosophy became more scientifically oriented, be progressively diverged from the health precepts propounded by the Adventist’s spiritual head Ellen White, eventually bringing about a break with the church and its associations. Because of Kellogg’s continuing difficulties with the Adventist leadership regarding medical philosophy, he found it necessary to establish a more independent source of support for his medical and teaching activities. Kellogg endowed the AMMB with 5000 shares of Toasted Corn Flake Company stock and maintained control through his position as director. The AMMB provided support for the sanitarium, the medical college, Good Health and nonsectarian foreign medical missions among America’s evangelical denominations. The RBF would continue publishing the journal Good Health through 1955, some 13 years after the doctor’s death. 91 degrees of racial mixture of Indian and Negroid blood in relation to the preservation of their republican institutions.40 Such overt racism and classism began to mark the mainstream of American eugenics. As Daniel Kevles noted, “if Anglo-American eugenicists resented challengers from the social bottom, they [also] displayed no great admiration for the economic top of modern society.” In qualifying their “pantheon of eugenically desirable traits,” business acumen failed the test. Middle and upper class Britons and Americans used eugenics as means of establishing for themselves a position of power “between the captains of industry on one side and lower-income groups-both native and foreign- on the other.” Eugenicists whether “socialist, progressive, liberal or conservative. ....may have disagreed about the kind of society they wished to achieve, but they were united in a belief that the biological expertise they commanded should determine the essential . human issues of the new urban, industrial order.”41 Yet, eugenics appeal extended beyond the upper and middle class reformers of the cities and towns to the agrarian countryside. County fairs had long been a venue where farming families came together to display their efforts in a wide range of domestic occupations. County fair competitions had long included displays of farmers’ efforts to breed new and improved varieties of domesticated plants and animals. With the advent of popular eugenics in the late 19th century, the detailed lineages of new plant and livestock varieties were complemented with the pedigrees of farm families themselves. County and state fairs often held Better Baby and Fitter Family contests for the most detailed or most illustrious family records. 4° Davenport, Charles. Ch. of Com. on Pub. Eugenics, Genetics and the Family: Scientific Papers of the Second International Congess of Eugenics. (Baltimore: Williams & Willdns, 1923) Pg. 2 4’ Kevles. Pg. 76 92 While the dubious scientific merit of the latter type of competitions no doubt tended more to serve local desires for recognition of inherited virtues, the process of collecting detailed pedigrees supplied by average yeoman farmers served as a means of educating a broader audience to the value of eugenic thought. With most Americans of this period having some farming background, and thus a basic knowledge of husbandry, there was a vast audience amenable to the “science of eugenics.” These competitions served dual purposes with well baby clinics and health screenings as the typical adjuncts. Most nineteenth century Americans could detail their antecedents for several generations. Both Kellogg and Vaughan epitomized farm families of their era in this vein; Vaughan in his memoirs iterating his clan’s background to the earliest Huguenots and less reliably through to 11th century crusaders.42 A 1924 edition of the _Su_rvey demonstrated the popularity of these competitions cum health screenings. Mary Watts, who helped organize the first “Fitter Family Contest” at the 1920 Kansas Free Fair, noted that each year interest in the fair’s “Eugenics Department” had increased with “always more requests for entries than space and equipment will permit?”3 In 1924, the Tri-State Fair held in Savannah, Georgia began holding similar contests. Watts noted that in “both Kansas and Georgia the farm 0 population accounted for about half the entries.” The other half included the typical occupations associated with the urban middle class, “lawyers, merchants, book-keepers, aviators, salesmen, teachers and clerks.” Watts confirmed the middle class nature of eugenics popularity at these rural gatherings by noting, that “no one of the parents could ’2 Vaughan. A DoctoL’s Memories. Pg. 1-13 ‘3 s_urv_ey. Vol.57, 19234924. Pg. 516—517 93 not read or write, and the majority were high school graduates, with a liberal sprinkling of college people.”44 The American Eugenics Society, under whose imprimatur the contests were sponsored, soon found itself supplying exhibits and technical aid to seven to ten fairs yearly. Requests for such aid from the AES jumped to forty per year by the end of the decade. Local publications gave front page coverage to the competitions and the wining contestants. In Kansas, governors Allen and Davis presented the winning families with a Governor’s Fitter Family Trophy, while individuals were awarded a Capper Medal named for and presented by US. Senator Arthur Capper.45 With the growing popularity of the contests at fairs and expositions, the effectiveness of propagandizing the eugenics message through AES exhibits grew commensurately. Charts depicting typical Mendelian inheritance patterns in humans, were paired with charts showing the inheritance of coat color in black and white guinea pigs, often with stuffed specimens to lend authenticity to the display. At the 1929 Kansas Free Fair, such a chart was paired with one asserting, “unfit human traits such as feeblemindedness, epilepsy, criminality, insanity, alcoholism, pauperism and many others run in families and are inherited in exactly the same way as color in guinea pigs.”46 At the Sesquicentennial Exposition in Philadelphia, the AES exhibit included a board with blinking lights indicating the expenditure one hundred dollars of tax payers’ money to support the care of those with bad heredity every fifteen seconds, the birth of a ’4 Ibid. Pg. 518. Miss Watts opinion on the general popularity of such contests was further demonstrated while attending a Rural Life Conference in St. Louis. After presenting a “hurried” ten-minute presentation, she was approached by the president of a women’s college in Virginia, a professor from Minnesota, college students from Wisconsin, a settlement worker from New York and a “missionary to rural church people,” all seeking more information. ”lbid. Pg. 517; Kevles. Pg. 61-62 ’6 Kevles. Pg. 62 94 mentally deficient person every forty-eight seconds, and finally that only every seven and half minutes did the US. reap the fruit of a “high grade person. . .who will have the ability to do creative work and be fit for leadership.”47 Other contemporary media somewhat equivocally supplemented the eugenicist’s efforts to popularize the eugenics message. Several silent dramas produced in the 19108 supported the idea of hereditary determinism, though these films scarcely ever used the word eugenics in their titles or advertising. Such films as Heredity (Biograph 1912), Heredity (Broadway Star 1915), Inherited Sin (Universal 1915), The Power of Heredity (Rex 19130 and The Second Generation (Pathe 1914) depicted characters whose inherited taints failed improvement even with the benefit of love and favorable environments, or those of good stock whose natural inheritance proved resistant to the corrupting influences of unfortunate milieus. D.W. Griffith contributed to the hereditarian argument with Man’s Genesis (1912) and The Escape (Reliance-Majestic 1914). The latter film, one of the few commercial melodramas explicitly billed as an “eugenic” film, conflated into two generations of the fictional “Joyce” family all the defects and antisocial behavior documented among two centuries of the J ukes and Kallikaks, including prostitution, venereal disease, alcoholism, birth defects and criminality. Yet, the film’s ending, wherein the doctor cures the lunatic cat-strangler with an operation and saves the sister from a life of depravity by marrying her, highlights the power of science and love over the initial stress on bad heredity. Griffith’s take on heredity remained ambiguous with critics’ interpretations varying. One found the film advocating a ‘7 Ibid. Pg. 62 95 Larnarckian view of environment changing heredity while another viewed its message as affirming the primacy of nurture over nature.48 As historian, Martin Pemick notes, most “eugenic films” dealt more with good parenting than good mating. The Eugenie Film Company’s Birth (1917), failed to discuss heredity at all, while it did provide information on neonatal care. The RBF produced several films popularizing Kellogg’s views on health, but none seem to have dealt with eugenics. The RBF conferences always included film presentations, yet only one that was shown in the 1914 conference, specifically mentioned eugenics and that only in the context of venereal disease."9 What little these films engendered in the way of support for eugenics, was probably countered by even earlier, popular anti-eugenic farces such as Thomas Edison’s The Strenuous Life, or Anti-Race Suicide (1904), a parody on Theodore Roosevelt’s belief that middle class, native-bom American were committing race suicide by not having enough children. In the 19108, the anti-eugenic comedies Eugenics and the Bar “U” Ranch (Selig 1914), Snakeville’s Eugenie Marriage (Essanay 1915), A Case of Eugenics (Vitagraph 1915), The Eugenie Boy (Thanhouser 1914) and Eugenics Versus Love (Beauty 1914) catered to those who considered eugenicists puritanical elitist reformers. The latter film provides an unmistakable caricature of Kellogg, as the story 4” Pemick, Martin. The Black Stork:Eug_enics and the Death of “Defective Babies in American Medicine and Motion Pictures Since 1915. (New York: Oxford University Press, 1996) Pg. 133-135; Pemick’s research on the history of eugenic films is an outstanding resource, which space unfortunately precludes more extensive use of in this work. The book’s title, The Black Stork refers to a 1917 film of the same name justifying the euthanasia of defective children by a Dr. Haiselden of Chicago. Haiselden was not alone in his contention that defective children were often “better off dead.” As early as 1903, Lincoln Rodgers, Muskegon’s representative to Michigan’s state legislature proposed an amendment to the funding bill for the state home for the feebleminded allowing for the electrocution of mentally defective infants. Similar legislative debates on euthanasia bills in Ohio and Iowa occurred in 1906. Pg. 24. ‘9 Ibid. Pg. 136 96 revolves around a eugenic contest sponsored by a breakfast food company located in “Battle River.”50 Yet, such eugenic and anti-eugenic films seemed only to preach to their respective choirs. The eugenics campaigns of people like Drs. Kellogg and Vaughan beginning in the 19108 bore a large crop by the end of the next decade. Supporting the most severe of acceptable negative eugenics policies (compulsory sterilization), upper class urban reformers were joined by their middle class counterparts in the cities and countryside. In the fifteen years since Michigan passed its first eugenic sterilization statute with the help of its premier eugenicists, Kellogg and Vaughan, nineteen states would pass similar legislation. Michigan updated its legislation three times in this period, each time making the laws more comprehensive in their reach. Vaughan and Kellogg’s personal and professional histories demonstrate the different intellectual journeys many eugenicists and laymen took to arrive at policies supporting compulsory sterilization of their fellow citizens. Their journeys form the basis of the following chapter. 5° Ibid. Pg. 130-132. 97 Chapter 4: Kellogg’s and Vaughan’s Personal and Professional Paths to Eugenics Though Michigan was the first state to promulgate a statute mandating compulsory sterilization in 1897, it would not be until 1913 that Michigan would enact such a law. This would make Michigan the seventh state to enact such legislation in the United States. Passage of the 1913 law may have been largely due to the combined influence of Dr. John Harvey Kellogg and Dr. Victor Clarence Vaughan. The two men had been reunited on the Michigan Board of Health in 1912. Both men’s professional reputations and political connections would lend themselves to the passage of this legislation. Though both had served together on the Board of Health in the latter decades of the 19th-century, their medical philosophies had differentiated over the years. When Kellogg and Vaughan had first served together in 1882, their focus had been on advancing measures designed to improve public sanitation. This focus had been derived from the dominant medical paradigm of the period, the filth theory of disease transmission. Their collaboration had been particularly fruitful though their perspectives even then had been somewhat disparate. The differences in medical philosophy the two men represented eventually resulted in a powerful combination of scientific rationales for a state sanctioned program of compulsory sterilization. By 1900, when Vaughan had rejoined the Board of Health, his beliefs in the etiology of disease transmission and the importance of heredity predisposition had solidified. Research in the laboratory of the famous German bacteriologist, Robert Koch, 98 and subsequent field work with the Walter Reed Commission in the Spanish American War, had convinced Vaughan in the validity of the contact theory of infection. His perspective on the importance of heredity had also concretized. The turn of the century rediscovery by DeVries, Correns and Tschermak of Gregor Mendel and his “laws” of inheritance seemed to provide a scientific validation for early twentieth century hereditarian perspectives. Science, as provider of empirical proofs, represented the ultimate methodology in the pursuit of objective truth.l Vaughan epitomized this faith in science as the ultimate provider of solutions to all of mankind’s problems. Before the American Academy of Medicine on June 7’”, 1902, he presented his Presidential address entitled, “The Religion of Science.” In it he stated that, “all discoveries that have been made in science have brought with them at least the potentiality of the betterment of the race.” Further, he did not know of any “scientific advance in knowledge, which has not sooner or later added to human happiness, and improved man’s material and Spiritual condition.” (Bulletin of AAM, #6 1902) Vaughan also had an abiding belief in the importance of both nature and nurture from an early stage in his medical career. Thus, he like many others accepted Mendel’s experiments as evidence that justified their long held beliefs in the value of “good stock.” In his autobiography, A Doctor’s Memories, Vaughan began the first chapter with the words, “My life has been determined by heredity and environment.” He continued, Some years ago Galton coined the word eugenics, which he defined as being well born. Many centuries ago a wise man wrote: "The felicity of being well born is the richest gift the gods may bestow upon mortals." My maternal grandmother was wont to say to me, long before Galton put the word eugenics into the dictionary, "Victor, never forget that you come of a good family." I once asked her what she meant ’ Garrison, Fielding. History of Medicine. (Philadelphia: W.B. Saunders, 1966) pg. 670-671 99 by " good family." She replied that there had been in her family, as far back as tradition and history reached, no criminal, no insane person, no drunkard and no pauper.2 Vaughan was not a strict determinist, but some of his writings reveal the insidious class and ethnic biases peculiar to some middle class eugenicists.3 He claimed, “no birth of distinction,” and described his antecedents as “families which at no time, covered by tradition or history, have been other than plain people.” This was no small measure of time as Vaughan’s family history was known to him in great detail. He could trace his mother’s line back to one Raphael Du Puy, a lieutenant of Conrad 11, King of Burgundy in the year 1033.4 Vaughan believed that environment conspired with heredity to produce for better or worse the individuals we become. “Heredity supplies the seed and this contains the potentialities of life. Environment conditions the growth, supplying. . .all else concerned in the conversion of the potential into the actual.” The benefits of good family values, “can pass through several generations of adverse environment, of poverty and even illiteracy and still transmit the seeds of good honorable citizenship.”5 2 Vaughan, Victor. A Doctor’s Memories. (Indianapolis: Bobbs-Merrill Co., 1926) pg. 1-3 3 Wilson, Lucy. Ed. Eugenics: Twelve University Lectures. (New York: Dodd, Mead and Co., 1914) Pg. 64. Vaughan’s lecture on eugenics contains disparaging remarks on interracial marriage, comparing them to in-breeding, wherein the “bad of each side becomes dominant, and the mongrel whether man or beast, is no credit to the pure blood on either side of the house.” Vaughan claims “unanswerable arguments against race mixtures” are provided by “mulattos of our own country, and the mixed races of South America and neighbouring islands.” These were common beliefs among eugenicists of various political persuasions. See Henry Fairfield Osborn’s welcoming address to the Second International Eugenics Congress for similar remarks, these from a man who would later condemn the ERO’s H.H.Laughlin and Madison Grant for their racism. These forms of racism directed particularly against cross-breeding or mongrelization as it was often referred to, were common throughout the Western world harkening back to back to humoral prescriptions of mixing breeds of vastly different temperaments. As each race had distinctively different constitutional make-ups conditioned by their original environments, such crossings were believed to produce radically disparate temperaments in the offspring; Pg. 54. Vaughan’s opinion on the wealthy financial class was equally critical claiming they were often no different than “the thief who steals a purse.” 4 Ibid. pg. 4~7 5 Ibid. pg. 3 100 Vaughan believed predispositions to disease were inheritable though as evidenced by his own family. His study of the three principle causes of death within his line revealed a susceptibility to “bloody flux” in the children, a bacterial dysentery, which he would devote some time and research to studying in his later life. Young adults seemed to have a predilection for acquiring consumption the general wasting associated with tuberculosis, with which he himself was afflicted. Cancer comprised the third part of the deadly triad of disease for those who reached later life. Vaughan’s consumption embodied the typical expectations as to how the disease was acquired and its prognosis in the pre-antibiotic era. In antebellum America, consumption was thought to be hereditary, though it was acknowledged that some with no family history contracted the disease. Its onset generally associated with studying for the professions of law, medicine and the ministry. The rigors of studying in cramped, cold unventilated libraries and dormitories probably caused the relapse of many with latent disease that then spread it to their colleagues. In the 19th century cures ranged from physically challenging “voyages for health” to the water baths of the hydrotherapists. Vaughan’s decision to study with Koch, the discoverer of the tubercle bacterium ’96 stemmed from his bout with this “captain of death. His description of the cause and 6 Vaughan, Victor. A Doctgr’s M_gnofies. pg. 141, 146-148; (Rothman, Sheila. Living in the Shadow of _D_eath: Tuberculosis and the Social Experience of Illness in American History. (Baltimore: John Hopkins University Press, 194) pg. 14-44. Consumption epitomized the classic humoral disease paradigm of a fever caused by irritants, to be successfully treated with counterirritants necessary to reset the humoral imbalance responsible for the onset of the disease. Even after Koch’s discovery of the tubercle bacterium, treatments revolved around humoral methodologies until the advent of antibiotics, though heroic surgical procedures supplanted these for a period in the third and fourth decades of the 20th century. Sanatoriums with their programs of fresh air and healthy diet, associated with prior humoral therapies continued to be the primary mode of treatment until antibiotic treatment provided a more efficacious cure. Dr. Vaughan’s description of his families travails with TB are quite instructive of the understanding and practice of regular physicians when dealing with the disease and are thus quoted at some length. His grandfather’s affliction, noted as the first in the family, was assumed to have been passed on to his sons. “Of his seven children who reached maturity three developed consumption; two succumbed and one overcame it after two overland trips from Missouri to New Orleans and a subsequent journey across tile plains to California. In my twenty-first year, 101 cure typifies the persisting influence of humoral beliefs about TB in the pre-sanatorium era, even those of such an eminent physician/scientist as Dr. Vaughan. I believe that had I remained on the old farm and continued my active exercise, the tubercle bacilli would not have troubled the body cells in the apex of my lung; but when I went to college, studied in. a small unventilated room, and neglected exercise in the open, the sleeping bacilli awoke and, began the contest, which was finally terminated in my favor by the improved appetite stimulated by riding and the cold baths. “Hereditary TB” was often one of the conditions listed in sterilization statutes as an indication for treatment. The fears associated with this disease were well founded in the era before antibiotic treatment. The 17th century nonconformist preacher and author, John Bunyan’s appellation of “Captain of all these men of death” was richly deserved. It has been estimated that TB in its various forms accounted for 20-25% of all deaths in Europe through the 19th century. In the United States, the magnitude of TB’s influence on society has been associated with the exploration and settlement of the West, and the rise of the sanatorium industry and hospital based surgery.7 Though Vaughan’s crediting as late as 1926 of his recovery to a humoral style regimen might seem unusual in a physician so dedicated to the science of bacteriology, it my great uncle, Doctor Warren Dameron, recognized the fact that I had pulmonary tuberculosis. At that time I was losing flesh rapidly, my minimum weight being 108, coughing badly and suffering from exhaustive night sweats. This was long before Koch identified and isolated the tubercle bacillus. My good uncle went over tile family history, with me and gave advice to live an outdoor life. Then with a smile on his lips and a tear in his eyes he said: "Victor, postpone dying as long as possible. " I am consistently following this advice now in my seventy-fifth year. The treatment which I adopted with my uncle's approval was more heroic than I have ever dared prescribe for any patient. About two miles from my father's house was a sulphur spring, which had some local reputation for its medicinal virtues in which neither my uncle nor I believed. The water welled up into a box which reached to my chin when I stood in it. Every morning during an entire summer and late into the fall before breakfast I rode to the spring, stripped in the open and stood for a few moments in the ice cold water. As cold weather approached I frequently found thin ice in the cow tracks about the box. Soon I began to gain flesh and other unfavorable symptoms gradually faded away. Now the only evidence of the presence of the tubercle bacillus in my body is a lesion in one apex.” 102 must be remembered that before antibiotic therapies were developed in the 19408, the science provided more information regarding prevention and diagnosis rather than cure. Bacteriology substantiated the arguments of the sanitationists, most of which had been derived from humoral theory in the mid-19Lh century.8 Cures were few and far between. Most new turn of the century treatments relied on practices not unfamiliar to humoral physicians of generations past. Paul Ehrlich’s mercury-based Salversan, a treatment for the treponemal diseases of syphilis and yaws, differed little from prior mercury-based drugs of humoral physicians except in the method of its development. In the 17’”, 18th and 19th centuries, humoral physicians’ practices led to the use of ever-increasing doses of these poisonous compounds. The lack of efficacy in their “heroic” treatments was clearly reflected in an 1832 Cholera Bulletin, Alas! then for the public, for whom doctors and cholera are contending; they watch the fierce onslaught, and ever and anon are struck by the random blows that proceed from the combatants. Yes! for "Cholera kills, and Doctors slay, and every foe will have its way!9 Ehrlich and his contemporaries differed from their predecessors in their empirical methods of researching the effects of the drugs. Even the serum-based anti-toxin 7Ibid. Pg. 13-76, 131-178, 211-252; Scale, Clive & Pattison, Stephen. Medical Doubt fll Certainty. (London: Open University Press, 1994) pg. 36-58. 8 Rosenberg, Charles. The Cholera Years: The United States in 1832, 1849 and 1866. (Chicago: University of Chicago Press, 1987) pg. 1-12, 193-198, 213-226. John Snow and Max von Pettenkofer independently arrived at their theories on the transmission of cholera through contaminated water supplies and fecal transfer proving the contagious nature of the disease. Snow averred that he remained a “regular” physician, in effect, humoral physician though he was castigated as an empiricist by many of his colleagues in the 18508. Snow’s and Pettenkofer’s theories were often faulted for their inability to explain isolated cases of cholera. Their assertions on the portability of the disease did not specify an agent, but merely a mode of transmission. It was not until 1883, when Koch led a German team to Egypt that Vibrio comma was established as the bacterial cause of cholera. Sanitationists’ beliefs in the contagious nature of disease transmission reflected a more developed theory of the miasmatic/effluvial pattern of disease transmission rather than a complete break with past humoral thinking. Their claims to the status of “regular physicians” demonstrates the need of practitioners to remain in the fold of their profession to assure public acceptance of their assertions regarding disease transmission, not to mention their status as doctors. 103 treatments harkened back to the earlier humoral practices of vaccination and inoculation, differing mainly in the application of the empirical method used in their development.10 Vaughan epitomized the mainstream movement of tum-of—the-century physicians towards an empirical science based practice. As he modestly referred to himself as a “teacher of a limited branch of chemistry and hygiene,”11 he placed himself in the forefront of modern medical practice, yet like most doctors remained selectively connected to the humoral precedents of old.12 Among the sanitationists cum hygienists, belief in the hereditary predisposition to specific diseases endured and not without some foundation. Though more of the etiological agents of disease were being elucidated, the mystery remained as to why some people when exposed to like doses of an infectious agent causing illness remained unaffected. The best explanation of variable resistance to bacterial agents was posited in the difference in patients’ individual constitutions, and their constitutional backgrounds were still largely perceived within humoral frameworks of heredity and environment. This was especially true in the treatment and prognoses of psychiatric disorders. Until the 1950s few drugs existed to treat these patients. Prior to this, institutionalization and physical management (prevention of harm to the patient and others, usually by physical restraint, seclusion, etc.) remained the focus. Through the first third of the 20th 9 Ibid. pg. 68 ’0 Vaughan, Victor. A Doctor’s Memories. pg. 153-154. Vaughan attended the 1894 International Congress on Hygiene in Budapest where Roux presented his paper on the diptheria anti-toxin and supplied each of the delegates a vial of the substance. This event led to the worldwide production of the antitoxin and substantial decrease in the incidence of the disease. In effect, this treatment was an inoculation and thus could be considered merely a more advanced form of the humoral practice of smallpox vaccination. “Ibid. pg. 160 ’2 Ibid. pg.l61-162. Vaughan celebrated Paracelsus’ theories and reputation as a healer and innovator in the chemical treatment of disease. Not unusual for a chemi st-bacteriologist, but perhaps a bit ironic as Paracelsus’ was during his life castigated roundly by his profession though later his theories were incorporated in the humoral corpus. 104 century, psychiatric disorders were generally not amenable to treatment. Though Freud and other psychoanalysts had some success with some neurotic disorders (e.g. hysteria) the psychotic disorders characterized as dementias (e. g. dementia praecox /8chizophrenia, senile dementia/Alzheimers) remained untreatable. Mental illnesses were viewed as progressive syndromes, not subject to lasting interventions. The hereditary nature of some was without doubt. Huntington’s chorea provided an example of strictly Mendelian inheritance. Lack of accurate statistics for many other syndromes allowed for much speculation as to their hereditary nature and anecdotal histories generally confirmed these suppositions. It was recognized that chronic depression had a hereditary character, but the enigma of the pattern of inheritance remained unclear.13 This is not to say that the environmental nature of some mental illness was not recognized. Bacteriology provided direct proof for the etiology of treponemes in syphilitic dementia in the first decades of the century though the connection to syphilitic disease had been made much earlier.” And though other forms of bacterial encephalitis had been demonstrated microscopically, in an age before the advent of electron microscopy, many types of viral encephalitis could only be categorized as illnesses of unknown origin, probably with a genetic character. Heavy metal poisoning was also known to cause mental aberration. Yet excluding the neuroses, for which physiological ‘3 Wilson. Pg. 46-48. Vaughan’s understanding of heredity in 1914, held that individual attributes were sometimes inherited as distinct “unit characters” such as those for eye and hair color, while the inheritance of stature and body weight seemed to be under the control of two or more characters producing a much more complex pattern of inheritance. In effect, while unit characters followed Mendelian patterns, phenotypic characteristics under the influence of two or more unit characters were highly variable. This interpretation of the influence of individual genes upon the inheritance of phenotypic characteristics remains very close to current interpretations. ‘4 Garrison, Fielding. History of Medicine. Pg. 644-646. Gullain-Thaon syndrome (transitional cerebrospinal syphilis) identified in 1909. 105 aberration was not generally ascribed, none of these illnesses were ameliorated by contemporary treatments. The causes of and treatment for many viral diseases presented a continual challenge to the bacteriologists. Vaughan’s tenure with Walter Reed’s team of physicians showed clearly the infectious nature of the disease, the mode of transmission, but not the infectious agent itself. Treatment of the patients constitution, though in the less humoral, more biomedical sense of managing body chemistry proved the only effectual means of dealing with the diseased; prevention the only proof against it. The 1918 flu epidemic again proved to Vaughan the power of prevention (i.e. hygiene) over treatment and inherent differences in people’s physical constitutions”. In an era when preventions outweighed cures in terms of medical efficacy, a focus on the deterrence of environmental causation (i.e. infection) and hereditary transmission remained the most effective means of controlling the propagation of disease, mental and physical. Thus heredity became a catchall for those disease processes which could not be ascribed to environmental causes. Vaughan as a devotee of Mendelian genetics believed that the germ plasm was stable, though like Weismann, modifiable by environmental toxins. In either event, a corrupted inheritance corresponded with irremediable disease processes. The only means of preventing propagation of the disease was to halt the procreation of the afflicted. Vaughan’s colleague on the State Board of Health and an influential surgeon and physician in his own right held distinctly different views on the nature of heredity. ‘5 Ryan, Frank. Virus x: Tracking the New Killer Plagaes. (Boston: Little, Brown & Co. 1997) Pg. 49-65. Even with modern medicine’s insights into immune systems and the molecular interactions of etiological agents, physicians confronted with emerging viral disease must often resort to the tried and true methods of prevention and treating symptomologies, in effect the patient’s constitutional imbalances. 106 Kellogg maintained that a Larnarckian pattern of inheritance existed. In this paradigm, somatic changes could be passed on to the progeny though the means by which a somatic change was transformed into alterations of the germ cells remained a mystery. Kellogg’s medical practice was focused on the Battle Creek Sanitarium of which he was the director and guiding light. Though an eminent thoracic surgeon, Kellogg’s reputation has most often been associated with his views on the importance of diet and exercise. He developed a theory of euthenics, which prescribed a healthy vegetarian diet, sunlight, fresh air, exercise and sexual abstinence. An empiricist, he conducted many experiments on the effects of various “toxins.” He proscribed tobacco, tea, coffee, alcohol, narcotics and various other sundry intoxicants as causes of cancer and performed numerous experiments to prove the effects of these substances on the body. Similar “back to basics” health regimens were also prescribed in Germany during this period, later becoming part of national health policy under the Nazi regime.16 Kellogg along with Luther Burbank, unlike most American eugenicists, was a follower of Paul Kammerer, the Larnarckian biologist and Austrian socialist. Kellogg believed that physical changes to the body brought on by alterations in the environment could be propagated in the progeny. Like Kammerer, he believed that a healthy and fit society could be achieved by improving the social and physical environment. Physical exercise, proper diet and better environmental standards would lead to physical and mental health.17 ’6 Proctor, Robert. The Nazi War on Cancer. (Princeton: Princeton University Press, 1999) Pg. 120-241 , Proctor’s disquisition on the lifestyle and environmental factors that concerned the “back to natural health” movement in Germany parallel very closely Kellogg’s euthenic themes. These included a basic diet of relatively unprocessed foods (e.g. whole-grain breads), exercise, and proscriptions on tobacco and alcohol. ’7 Weindling. Paul. Health Race and German Politics Between National Unification and Nazism: 1870- _1_911§. (Cambridge: Cambridge University Press, 1989) pg. 331. The Mendelian basis for eugenics was rejected by Lamarckian biologists such as Paul Kammerer. He was an Austrian socialist, who sensationally 107 American eugenicists particularly concerned themselves with showing that groups likely to become social charges, such as paupers, the insane, the feebleminded, and epileptics, were chiefly the product of their heredity. Dr. Kellogg had seized upon the interest in the subject to point out that public hygiene alone would lead to the deterioration of the human race by keeping alive larger numbers of the weak and feeble. Instead, he advocated deeper commitment to the principles of biologic living as a way to offset such an “unfavorable tendency."18 Much of Kellogg’s work on the Board of Health was directed at just these types of environmental improvements. Kellogg first joined Michigan’s State Board of Health just four years out of medical school in 1880, the year the Board was first convened. He served two concurrent 6-year terms, in which he began studies in to the relationship of health to an individual’s occupation and personal habits. This allowed him to further his own studies in to the effects of environmental toxins, water pollution and benefits of proper ventilation. He served on the “model school” committee and numerous sanitary conventions held around the state to promote healthy living. He often digressed from his committed suicide in 1926, after being accused of faking the evidence for species transformation in the midwife toad. He rejected Darwinism and selectionism as typifying the conservative and bourgeois nature of racial theories. He claimed it was mistaken to see the extermination of the weak and poor by sterilization, incarceration and immigration controls as the only way to rid society of degenerates, instead a healthy and fit society could be achieved by improving social conditions, nutrition and education. The mutual aid of socialism could therefore benefit future generations. This amounted to a socialist programme for positive eugenics. Physical exercise could be productive eugenic work. It would be possible to eliminate all racial defects and criminality. Social challenges required new characteristics. He supported the League for the Protection of Mothers and Sexual Reform. With Eugen Steinach, the surgeon, Kammerer researched on transplanting animal glands for the purpose of rejuvenation, hoping to further peace and progress. Kammerer shows how critics of racial hygiene were themselves working from biological premises. His reformist views were akin to those of a good many social hygienists like Alfred Grotjahn and Julius Tandler. Few were the critics of racial hygiene who were not in some way eugenicists or committed to biologistic solutions for social problems. Despite great differences between eugenicists such as Grotjahn and Lenz, they unanimously urged the nation to adopt to the dictates of biological politics. ’8 Schwarz. Paul. John Harvey Kellogg M.D.. (Nashville: Southern Publishing Association, 1970) pg. 221- 222 108 current specialties of proper ventilation and pure water to discuss the dangers of meat diets, overeating and the use of condiments, tea, coffee, alcohol, and tobacco.19 Kellogg took time away from his duties on the Board of Health and at the sanitarium to study surgery abroad in the 1880s. He spent a month studying abdominal surgical techniques at the Hospital of St. Thomas and St. Bartholomew in London before moving on to Vienna to study under Theodor Billroth, the founder of modern gastric surgery. Upon returning to the sanitarium, he outfitted new surgical wards and performed a considerable amount of surgery. As more difficult cases appeared, he realized the need for further study and in 1889 journeyed to New York City to study under the eminent gynecological surgeon Horace Hanks, thence to Birmingham, England where he spent nearly five months under the tutelage of Lawson Tait. Tait, who specialized in abdominal and gynecological surgery, at this time held a record of 116 successive Operations without a death. Kellogg would eventually improve on his master’s record with 165 cases at a time when aseptic surgical technique was as yet still developing. During this visit abroad, Kellogg also studied under Vaughan’s friend and colleague Joseph Lister.20 With Kellogg’s improved surgical techniques creating increased demand for his services as a surgeon in addition to his duties as director of the sanitarium, he left the Board of Health in 1892. When in 1910, his friend Chase Osborn became governor, Kellogg was ready to rejoin the Board having finished with his acrimonious attachments to the Adventist Church and its Medical Missionary Society. Kellogg was named to the first vacancy in 1911. Dr. Kellogg began his six-year term with great enthusiasm conferring with the ‘° Schwarz. Pg. 224-226 2° Ibid. pg. 113-117 109 state Attorney General on legislation needed to increase the board's authority and efficiency shortly after accepting the appointment. The press throughout Michigan considered Kellogg to be "in strong" with Governor Osborn, and the doctor himself believed that he had a "special commission" from the governor to invigorate the State Board of Health. Dr. Beverly Harrison, the secretary of the State Board of registration in Medicine noted that Kellogg was “probably the best-qualified medical man in the state” for the appointment, in that he not only had “a national reputation as an expert in preventive medicine, but an international.”21 Kellogg summarized the progress which had been made in his first six months: the board had prepared a traveling health exhibit to tour the state in a railroad car attached to an exhibition train sent out by the state agricultural service; had approved plans to promote healthful living in connection with the winter farmers' institutes sponsored by the Michigan State Agricultural College; had authorized the issuance of weekly press bulletins on matters vital to public health; had established a committee on health education, with Kellogg as chairman, and was planning to hold sanitary conventions in several cities; and had authorized an inspector to examine water, milk, and food supplies, public schools, and "other conditions affecting health" throughout the state, with wide publicity to be given to his findings. The doctor held that one of the most effective health measures the board could make was to inculcate a greater health consciousness in the people of the state. Within his first year, he and the state board persuaded Governor Osborn to proclaim an official Health Day. Kellogg viewed it as an opportunity to supply teachers and clergymen with outlines for health talks. In later years, Dr. R. L. Dixon, the 2‘ Schwarz. Pg. 226 110 state board's secretary, characterized the atmosphere of those years as "evangelical."22 In the summer of 1912 the Board of Health established a committee that included Drs. Kellogg and Vaughan to consider needed health legislation. The committee recommended increased board control over contagious diseases, the right to supervise sources of public water supply, authority to regulate sewage disposal throughout the state, power to initiate proceedings for the removal of local health officers, and authorization to study and control all types of disease and to manufacture antitoxin and vaccine for the people of the state.” The arguments which the state board marshaled in favor of its proposals gained their reward when the legislature in 1913 passed more public health legislation than it had enacted during any previous session in the preceding quarter of a century. Although the board did not get all the legislation that it desired, it did receive power to supervise and control urban waterworks and sewage disposal systems. It also secured laws requiring organizations supplying public drinking water to provide either individual drinking utensils or sanitary fountains, laws penalizing the sale of adulterated sausage and meat derived from sick or diseased animals, regulations providing for more sanitary conditions in milk processing plants, legislation defining adulterated ice cream and RA. 34:1913- “An act to authorize the sterilization of mentally defective persons.” With Kellogg and Vaughan on the state board, Michigan became the seventh state in the US. to enact sterilization legislation. Though this legislation was relatively ineffective as it covered only those patients in state institutions and thus was found 22 Ibid. pg. 227.; “Sterilization Records” Archives of the State of Michigan. Interestingly, R.L. Dixon would become a leading advocate of compulsory sterilization and the instigator of the majority of compulsory sterilization procedures performed at the Michigan Home and Training School in Lapeer. lll unconstitutional in 1918, it set a pattern for future legislation. During the next two decades, improved statistical analyses and surveys led to growing concern throughout the state and nation concerning the increase in the degenerate elements in society. Richard Schwarz summarizes Kellogg’s response to the improved public statistics available and American eugenicists’ beliefs that the " growing incidence of feeblemindedness, insanity, crime, and pauperism" demonstrated racial deterioration in America. Naturally, Dr. Kellogg took advantage of their concern and pointed to what he considered to be the chief causes: the increased use of alcohol, tobacco, tea, coffee, improper methods of dress, and unhealthful foods. The Darwinian connotations of the eugenics movement, however, limited the interest Kellogg dared show in it during his years as an Adventist leader. Once freed from religious restraints, his addresses and writings picked up a heavier coloring of the conventional statistical examples of racial degeneracy.24 Larnarckian genetics was a double-edged sword in terms of the propagation of inheritance. While positive modifications in an individual’s physical and mental condition could be reproduced in their progeny, so too could deleterious alterations. Restrictions on the reproduction of the recalcitrant showed the dark side of even a positivistic eugenics of Lamarckian derivation. In 1914, Kellogg established the Race Betterment Foundation. To the progressive middle-class intellectuals who comprised the American eugenics movement the foundation’s name epitomized their goals. Through the RBF and connections made through his patients at the sanitarium, Kellogg arranged to get his ideas before many According to Hilrner Gellein, the Director of Corrections, of the over 850 sterilizations performed in the state under the 1923 statute (P.A. 285:1923), 95% were performed in the Lapeer facility. ’3 Schwarz. Pg. 228 2‘ Ibid. pg. 221 112 important molders of public opinion whom it would otherwise have been nearly impossible for him to reach. The most successful of Foundation activities in this respect were the three nationally publicized conferences, which it held in 1914, 1915, and 1928.25 Newell Dwight Hillis, pastor of Brooklyn's Plymouth Congregational Church, which had been made famous by its former pastors Henry Ward Beecher and Lyman Abbott, suggested to Kellogg the idea of holding a Race Betterment Conference. Hillis shared Kellogg's interest in the challenges to social Christianity posed by the growing problems of large urban areas. After talking with him, Kellogg enlisted the assistance of several old friends: Yale economist Irving Fisher, journalist Jacob Riis, and agronomist Sir Horace Plunkett, in planning the first conference.”5 Over four hundred official delegates traveled to Battle Creek to take part in the first Race Betterment Conference in January 1914. Dominant personalities in the eugenics movement, such as, Charles B. Davenport and J. McKeen Cattell, editor of Popular Science Monthly, and others presented more than fifty papers in the conferences general sessions. Also in attendance were leading figures in social welfare circles, like Judge Ben Lindsey and Jacob Riis, who stressed the need to improve environmental factors. Through this venue Kellogg managed to establish a link between the Battle Creek Sanitarium’s program of biologic living and those interested in improving America through eugenics.27 Sufficient public attention resulted from the first Race Betterment Conference to cause Dr. Kellogg and his associates to sponsor another such meeting the following 251bid. Pg. 222 2‘ Ibid. Pg. 222-223 113 year. They decided to hold it in connection with the great Panama-Pacific Exposition scheduled for San Francisco. Although the second conference had fewer delegates and formal papers, several of the participants were men of national prominence, including David Start Jordan, chancellor of Stanford University, botanist Luther Burbank, and Paul Popenoe, editor of the American Genetics Society’s Journal of Heredity. At the Second Race Betterment Conference Kellogg suggested the establishment of a Eugenics Registry. He proposed that a campaign he initiated to get persons to receive physical examinations which would determine their physical fitness and their hereditary traits and tendencies. Afterward the examiners would enroll the names of those who met certain standards in a "human pedigree" book. Although Kellogg denied that he was advocating that marriages be arranged solely on the basis of some biological formula, he professed the hope that the Eugenics Registry would encourage intelligent persons to consider the importance of hereditary traits in planning their marriages. Dr. Kellogg wanted to make the Race Betterment Conferences annual events, but American involvement in World War I and his own health problems prevented another conference until January, 1928. Although Kellogg's Foundation sponsored the third conference and held it at the Battle Creek Sanitarium, Kellogg persuaded University of Michigan president C. C. Little to plan and preside over the program. Dr. Little’s organization of the conference demonstrated his academic orientation in the presentation of papers by scholars from Harvard, Wisconsin, the University of Chicago, Tulane, and 27 Ibid. Pg. 223; Proceedings of First National Eugenics Conference. Pg. —67-72, v-x. Kellogg also had the benefit of Michigan’s other eminent eugenicist and physician, Victor Vaughan, whose position was celebrated by his listing as second only to the ERO’s Davenport. ll4 Johns Hopkins.28 The third Race Betterment Conference received wide publicity with more than 1,600 news stories related to it appearing in 574 different newspapers scattered throughout forty-seven states. The RBF conference afforded an excellent forum for Kellogg’s beliefs. He made the best possible use of it by extolling biologic living in an address entitled "Habits in Relation to Health and Longevity." The success of the conference caused him to plan to make them annual affairs once again. The onset of the Great Depression and the resulting financial difficulties of the Battle Creek Sanitarium delayed arrangements for a fourth conference, which had advanced to the definite planning stage when World War II intervened. Before the war ended, Dr. Kellogg's death had deprived the Race Betterment Foundation of its major source of energy and initiative. The Foundation limited its subsequent activities to the sponsorship of a variety of public lectures on biologic living, publication of Good Health until 1955, and encouragement of the Battle Creek Sanitarium and Miami-Battle Creek Sanitarium.29 During the first two conferences Kellogg maintained his stance regarding the maleability of the germ plasm, not until after the Kammerer’s suicide in 1926 did Kellogg foreswear his Larnarckian beliefs, just in time for the last conference. Though he and Vaughan differed on the nature of heredity, their perspectives converged with regard to the fundamental problems of preventing the procreation of degenerate offspring. Vaughan was enough a believer in the importance of environment to agree with Kellogg on a host of issues, wherein, for example both saw the importance of improved sanitary conditions. On the issue of sterilization it did not matter whether their perspectives on 28 Proceedings of the Third Race Bett_erment Conference. (Battle Creek: Race Betterment Foundation, 1928) Report of the Executive Secretary. Pg. 739-742; Schwarz. Pg. 223 115 Mendelian and Lamarckian patterns of inheritance diverged, they intersected with regards to the necessary measures to be taken.30 Vaughan’s hereditarian beliefs were further substantiated by the writings of such early apostles of social-Darwinism as Herbert Spencer. A brief exposition regarding the philosophical, social and political contexts of these transformations in social-Darwinist perspectives illuminates the historical intellectual background of both Vaughan and Kellogg. Both had studied in Germany in the closing decades of the nineteenth century and were aware of debates over the meaning of heredity in both the US. and Germany. Both Kellogg and Vaughan remained avid readers of German medical literature and continued contacts with their German medical peers. The German experience also reveals remarkable parallels with the American, both in how divergent political groups sought biological justifications for their different social theories, and how these diverse groups could come together to support eugenic legislation. For many rrriddle-class progressives the turn-of-the-century seemed to mark the beginning of an era when the scientific rationale would rule as the supreme arbiter in choosing among different social remedies and ultimately in decisions of social worth. Herbert Spencer, probably the most influential social-Darwinist of his time, transformed Darwin's concept of the evolution of species through competition for finite resources into a dogma of social evolution. Originally, his idea of social progress reflected a monistic belief in mankind's individual and social perfectibility. ’9 Schwarz. Pg. 223 30 Proceedings of the First national Race Betterment Conference. Pg. 90-96. Vaughan apparently changed the nature of his presentation to the conference to be more in accord with Kellogg’s focus on environment by discussing the dysgenic effects of venereal disease; Kellogg. John Harvey. Plain Facts for Old and Young: Embracing the Natural Histog and Hygiene of Organic Life. (Burlington: l.F. Senger & Co., 1891), http://etextlib.virginiaedu/modeng/modengO.browse.html, 1995 Pg. 146, Kellogg held that VD 116 Initially, this concept of the evolutionary process in the social progression to perfectibility embodied the most harsh aspects of competition and survival of the fittest. By the tum-of-the century, Spencer’s views changed to include an appreciation for the social impulse towards charity. Yet, he like many other nriddle-class social reformers of this period would face a seemingly intractable problem posed by this charitable impulse. Spencer’s Principles of Biology published in the 18608 had argued that the universe of man and nature existed as a state of continual and endless flux from which, "Changes numerical, social, organic, must... work unceasingly toward a state of harmony." This state of harmony though would include a great deal of necessary suffering for some. In Social Statics he asserted, “the process must be undergone and the sufferings must be endured,” he continued, “No reform that men ever did breach or ever will breach can dirrrinish that one jot. Regarding “Sanitary Supervision,” Spencer admonished against aiding nature’s “failures,” a group that included the ill and those whose “stupidity, or vice, or idleness, entails loss of life.” Likewise, Spencer’s views regarding the competition among the races of men were equally harsh. This competition embodied in the “old predatory instinct” ha “subserved civilization by clearing the earth of inferior races of men.”3 1 Yet by 1900, he would assert in a later edition of First Principles that this state of continual and endless flux would result in " the greatest perfection and most complete happiness." Robert Bannister suggests in Social Darwinism: Science and Myth in Angl_o_— was, “a crime against the race. . .[and those knowingly passing it on were].. .are guilty of abuse of the reproductive function in bringing sickly offspring into the world to suffer? 3’ Bannister, Robert. Social Darwinism: Science and ME in Anglo-American Social Thought. (Philadelphia: Temple University Press, 1979) pg. 37-63 117 Ameer Social Though_t, that Spencer came to believe that natural selection would produce both an industrial and a social fitness, the latter including a charitable impulse. Paradoxically, Spencer confessed his inability to resolve the problem with which he had struggled for decades. Public and private charities were doing much to "save the bad from the extreme results of their badness, ..... unmanageable multitudes of them." Yet, if left to operate in all its “stemness the principal of survival of the fittest... would quickly clear away the degraded." Popular sentiment for the ameliorative effects of social welfare programs seemed to make this course impracticable. This perspective reflected even industrial society’s revulsion for, in Spencer’s words, “the forces [in industrial society] which are working out the great scheme of perfect happiness, taking no account of incidental suffering...exterrninat[ing] such sections of mankind as stand in their way with the same stemness that they exterminate the beasts of prey and herds of useless animals.”32 These sentiments displayed the beneficent aspect and social fitness of a “civilized” society in that, industrializing societies tended to take some account of the “incidental suffering” and seek to prevent such exterminations. Nevertheless, for many reformers in the industrialized societies of the West, ever increasing unmanageable multitudes of them demanded some immediate action if only in order to prevent social degeneration. Such views were not limited to the United States. Throughout the last decades of the nineteenth century, many industrializing nations, in Europe most particularly Germany, demonstrated similar concern regarding the management of social resources. As in the US, the idea of the eugenic administration of a nation’s human resources 32 Bannister. Robert. Social-Darwinsim: Science and Myth in Anglo-American Social Thought. (Philadelphia: Temple University Press, 1989) Pg. 50-55 118 attracted a wide variety of supporters from radical socialists to capitalist conservatives. Eugenics drew such a variety of support because it embodied a supposedly empirical method of evaluating and implementing legislative policies designed to most effectively manage social resources. Eugenics would often make for strange bedfellows amongst those holding the most antithetical political positions. In both countries, while people of varied political stripe would come to support eugenic legislation, the medical profession and the biological sciences would supply the greatest number of effective propagandists. The greatest financial support for these efforts would similarly come from the financially “fittest” classes. This support might seem to show a simple correlation of the latter’s class interest in demonstrating how scientific principles seemingly justified the social and political status quo and their position within this hierarchy, which of course it did in their view. Likewise, socialist support of eugenics was based on their view that social-Darwinism provided a scientific justification for their social and political positions. Social-Darwinism provided an opportunity for the propagandists of evolutionary theory to promote a biological paradigm they considered rational and socially applicable, in effect, eugenic management of social resources. One of the powers of industry in Germany, Friedrich Alfred Krupp decided to fund an essay prize to answer the question, “What can we learn from the theory of evolution about internal political development and state legislation?” Friedrich Alfred, grandson of Friedrich, founder of the steel conglomerate, and son of Alfred the arms magnate, possessed an avid interest in marine biology leading to a collateral interest in evolution. His dislike of socialism, while obviously financially and politically self- 119 serving, emanated from his social-Darwinist views and was epitomized in some other marine interests. These interests dovetailed in a most interesting way to bring about the 1900 Krupp Prize.33 Friedrich Alfred, like most German industrialists, was no friend of socialism. This was amply demonstrated when Alfred yon Tirpitz became Secretary of State of the Imperial Naval Office and advocated a policy of F lottenpolitik. Tirpitz “won the support of those interests that had a stake in commercial and industrial expansion, starting with the chambers of commerce of the coastal cities, then enlisting some of the larger banking houses, and finally attracting the eager interest of heavy industry.” While the financial stake of these groups might seem obvious, Tirpitz’s propaganda for a larger fleet was also part of the Sammlungspolitik of Miquel and Bulow, which sought to attract the support of all those who feared the threat of socialism and believed F lottenpolitik would help defeat it. When the cod-liver oil manufacturer Stroschein wanted to found a Naval League to mobilize the support of the lower middle classes in this nominally anti-socialist crusade and was refused financial support by the Berlin banks, Krupp supplied the necessary funds.34 Likewise, Krupp’s decision to fund the essay contest revealed a similar linkage of his anti-socialism and marine interests. With the collusion of Germany’s most eminent marine biologist, Krupp sought to separate eugenics from its associations with socialism. Ernst Haeckel, Germany’s most distinguished marine biologist and self-appointed apostle of Darwin, sought as early as his 1877 debate with the eminent pathologist Rudolf Virchow to publicly sever the link between Darwinism and Social Democracy that had ’3 Weiss, Sheila. Racial Hygeine and National Efficiency: The Eugenics of Wilhelm Schallmayer. (Berkeley: University of California Press, 1987.) pg. 67-69 120 been forged by several prominent German socialist in the 18608 and 18708. In this debate Haeckel claimed that Darwinism “is anything rather than socialist! If this English hypothesis is to be compared to any political tendency... that tendency can only be 9935 aristocratic, certainly not democratic and least of all socialist. In words reminiscent of Spencer’s position a decade earlier regarding social competition, Haeckel went on even more menacingly, The theory of selection teaches that in human life, as in animal and plant life everywhere, and at all times, only a small chosen minority can exist and flourish while the enormous majority strive and perish miserably and more or less prematurely ...... The cruel and merciless struggle for existence which rages throughout living nature and in the course of nature must rage, this unceasing and inexorable competition of all living creatures, is an incontestable fact, only the picked minority of the qualified “fittest” is in a position to resist it successfully, while the great majority of the competitors must perish miserably.36 Sheila Faith Weiss, in Ra_cial Hygeine and National Efficiency, asserts that “Haeckel’s uncompromising anti-socialist interpretation, while certainly reflecting his own personal political position was also designed to promote the teaching of Darwin’s theory in the public schools.” Haeckel’s interpretation by decoupling Darwinism and socialism demonstrated that the theory presented no threat to the political status quo. Thus, Krupp was undoubtedly delighted when the biologist Heinrich Ernst Ziegler informed Krupp of “Haeckel’s willingness to preside over a written contest designed to demonstrate, once and for all, that the new biology was anything but staatsfeindlich. ”37 3" Criag, Gordon. Germany: 1866-1945. (New York: Oxford University Press, 1978.) pg.307-309 35 Ibid. pg.67-68 Craig also details the antithetical socialist support for Social-Darwinism in the following: “Social Democratic leaders such as Friedrich Alfred Lange, August Bebel and Karl Kautsky-to name only the most important embraced Darwinism and viewed it both as a legitinrization of the inevitability and desirability of socialism and as justification for materialism and atheism. 3" Haeckel, Ernst. Freedom in Science afleaching. (New York: D. Appleton, 1879) pg.90-93 3’ Weiss, Sheila w Hygiene and National Efficiency. Pg. 67-70 121 The Krupp Preisausschreiben is particularly important not only because the wining essay was expected to comment on the evolutionary process and its place in the rational management of social resources, but because the first qualification was to address the hotly contested issue of Lamarckianism versus Weismannism. Lamarckianism referred to the theory of the inheritance of acquired characteristics, while Weismanism was associated with Mendel’s theory of inheritance and the stability of the germ plasm. The different social, political and medical perspectives derived from evolutionary theories depended upon these two divergent theories of heredity.38 The Larnarckian theory of acquired characteristics allowed for social advances through improvements in individuals’ behaviors and physical health. These improvements would constitute acquired characteristics, which would be passed on to their progeny. Thus, social welfare policies aimed at ameliorating the supposedly dysgenic effects of socio-economic differences would lead to increased individual social fitness and thereby to an improved society. In contrast, Weismannism, or the Mendelian theory of a stable germ plasm precluded behavioral or physical improvements from being passed on to progeny. The social implications of a strict interpretation of this theory could be construed as decidedly against a platform of improvement through social welfare policies. By providing for an enhanced survival rate of those individuals whose germ plasm was defective in terms of their social fitness, social welfare policies aimed at relieving deficiencies in the social environment were downright dysgenic to the society as a whole. Furthermore, the different socio-economic classes could be viewed as merely the natural outcome of individuals’ immutable hereditary fitness. ’8 Ibid. pg. 69 122 The question of what comprised social fitness would also figure prominently in the debate between Lamarkianism and Weismannism. For example, exactly which behavioral characteristics were inheritable rather than learned products of the social environment, or which physical characters reflected dysgenic environmental effects were hotly debated. The strict dichotomy adopted by many between the perspectives on which physical and behavioral characteristics were attributed to environment or heredity probably derived in large measure from both the level of rancor in the scientific debate and the social implications derived from the two perspectives. This is not to say that there was no middle ground in the debate at this time. Both Mendelian and Lamarckian eugenicists generally accepted nature and nurture as important aspects in the development of hereditarily determined human potential. They differed in the weight assigned to each regarding those hereditary characters. Proponents of Mendelian genetics recognized the effects of environmental insult, particularly the effects of nutritional deficiencies, physical trauma or infectious disease on physical and mental development. Yet, the state of medical knowledge at this time could provide little empirical data on the exact relationships between developmental syndromes and the causative factors. The dichotomy on causation led to interesting paradoxes regarding the hereditability of characteristics related to individual social fitness. For Mendelian eugenicists, environmental insult would not necessarily reflect a decreased hereditary social fitness in the progeny as the germ plasm would not necessarily be affected. Contrarily, for proponents of Larnarckian heredity, the unalterable effects of 123 environmental insult to the individual amounted to acquired characteristics passed on through a mutable germ plasm to the next generation. Yet, arguing from a perspective on the value of nurture on an individual’s potential development, both Mendelian and Larnarckian eugenicists could advocate restrictions on the propagation of such individuals. In effect, from the Mendelian perspective the environmental impairment of an individual’s development, While not in itself visited on the progeny through hereditary taint, would be visited through the parental deficit in the ability to nurture a hereditarily normal offspring. For Larnarckian eugenicists the acquired hereditary taint compounded the nurturing deficiency Kellogg and Vaughan epitomized this divide among Michigan’s medical professionals. Vaughan was an adherent of Weismannism, or Mendelian genetics, while Kellogg would remain a devotee of Lamarckianism for nearly three decades after the rediscovery of Mendel’s work and would not clearly renounce Lamarckianism until Kammerer’s suicide and Vaughan’s death. Yet for the reasons provided above, both men would advocate sterilization of the socially unfit. The most persuasive argument for Vaughan’s form of eugenics emerged from the Krupp essay competition. The winning essay in the Krupp Preisausschreiben provides an example of what would be become the dominant hereditary paradigm, Mendelian genetics, and the social and political implications of this perspective. Perhaps more importantly, the winning essay provides an insight into the first coherent and holistic rationale for the eugenic management of social resources, national efficiency. Wilhelm Shallrnayer, a German physician with an enduring interest in eugenics, won the 1903 Krupp Prize for his treatise on eugenics, Vererbung und Auslese im 124 Lebensltai‘fider Volker (Heredity and Selection in the Life History of Nations). In it he stated, [as] a prerequisite for a higher development of social organization, all efforts in the area of domestic as well as foreign policy must be judged from the standpoint of whether they are likely to strengthen or weaken the ability of the population to survive and procreate... in order for the state to hold its own or have supremacy over the other peoples, domestic policy must not neglect the hereditary composition of the population...a selection which is not only the necessary condition for all progress but even for the preservation of the status quo.39 Simply put, control of the reproductive capacities of the population constituted a fundamental interest of the state and should be reflected in all legislation. Schallmayer’s treatise would not result in the passage of such legislation for 30 years, but did present a fundamental framework for considerations of what a state’s eugenics policies should include. This thesis promulgated the idea that government had the obligation to promote national efficiency by regulating the procreation of its citizenry. Schallmayer's concepts held that government policies Should foster the procreation and development of the classes of people seen as necessary to the progress of society. Concomitantly, it called for the restriction, through disincentives to procreation (though not necessarily sterilization), of the supposedly inferior classes. Their contemporary basis for delineation of genetically 3” Weiss, Sheila. Racial Hygiene and National Efficiency. pg.83: Schallmayer had first written a treatise on eugenics in 1874. He and Alfred Ploetz, another physician would become the intellectual founders of German eugenics. Ploetz had two other interesting connections, one American and another socialist. In 1892, while practicing medicine in the US, he first ventured his sentiments on eugenics in a short article for a socialist publication. Subsequent articles along these lines included Racial Fitness and Socialism (1894) and The Relationship Between the Principles of Social Policy and Race Hygiene (1902). His most important treatise was published in 1895, entitled The Fitness of Our Race and the Protection of the Weak: A Discussion Concerning Race Hygiene and Its Relationship To Humanitarian Ideals, Especially to Socialism. That Schallmayer and Ploetz’s differing political orientations could both coalesce in a shared 125 positive and negative characteristics, would today, generally be viewed as a class biased interpretation. The impulse of the statistical movement of the nineteenth century combined with the institutional reform programs of late nineteenth century led to increased awareness of the number of people qualified as deficient in “social fitness” throughout the industrializing nations. The US. led the way in taking radical actions on a perceived problem that seemed to be growing a rapid rate. But the peculiarities of the American social, political and economic structure led to different methods from many other European nations. While some nations like Germany moved to provide national medical insurance programs (e.g. Hartmannbund), America’s approach was private charity supplemented by state government programs (a product of the states rights philosophy). Yet throughout the industrialized Western world, the numbers of the socially unfit seemingly were ever on the increase and the costs associated with them likewise. Many social reformers throughout the Western world had come to believe that charitable social reforms meant to uplift the degraded classes of society instead worked merely to preserve if not expand those in such degradation. As Spencer noted, " the mass of effete humanity to be dealt with is so large as to make one despair: the problem seems insoluble." "Certainly, if solvable, it is to be solved only through suffering.” Yet he claimed that, " no serious evil would result from relaxing its operation [survival of the fittest] if the degraded were to leave no progeny."40 The esteemed Chicago surgeon, Dr. G. Frank Lydston, Professor of Genito- Urinary Surgery at the State University of Illinois and Professor of Criminal eugenic scheme founded on the principles of national efficiency and Mendelian heredity will be dealt with further in later chapters. pg. 104-105 126 Anthropology at the Chicago-Kent College of Law, took up this gauntlet with the 1904 publication of The Diseases of Society: The Vicefiand Crime Problem. Lydston is credited as the first American to publish a book calling for “the application of sterilization in the prevention of social disease.” He asserted that, individuals whose physical or moral status is such as to insure the unfitness of their prospective progeny should be given the alternative of submitting to sterilization as the only condition upon which matrimony is legally permissible. Persons with a history of insanity, epileptics, dipsomaniacs, incurable syphilitics, certain persons who suffer from deformity or chronic disease, criminals, and persons with criminal records should not be permitted to marry upon any other conditions. Incurable criminals, epileptics, and the insane should invariably be submitted to the operation, irrespective of matrimony. Even the rare cases of reformed habitual criminals should be subjected to the operation, for the cure of their own criminal tendencies will not interfere with the transmission of those tendencies to their progeny."1 As state governments around the US. moved to replace private charitable institutions with those of the state, reformers advocating these measures were shocked by the unforeseen magnitude of the problem. As the US. Census Bureau began publishing the compiled statistics on the numbers of inmates in the nation’s insane asylums, they seemed to demonstrate horrific increases in the per capita rates of insanity. The 1913 edition of the S_tatistical Abstract of the United States showed an increase from 118.2 per ‘0 Bannister, Robert Social Darwinismpgss-ss 4’ Lydston, G. Frank. Diseases of Socieay and Degeneracy (Philadelphia: J .B. LippincottCompany, 1904) p564: It is necessary here to point out a problem with Pernick’s The Eek Stork which cites Reilly’s m Surgical Solution as a source for the erroneous claim the Lydston “advocated the use of a hermetically sealed apartment with a secret pipe for the admission of deadly gas “to kill promptly the convicted murderer and the driveling imbecile.””(Reilly p38). Not only does Reilly incorrectly cite the publication date as December 1906 when it is 1904, but Lydston calls for the cessation of capital punishment as arbitrary, barbaric and ineffective. He instead advocates the use of an indeterminate sentence and reformation. This is a horrific defamation of a man who seems to me to be a sincere reformer. There is 127 100,000 in 1890 to 186.2 per 100,000 in 1903. By 1910 the per capita numbers had climbed to 204.2 per 100,000. This amounted to a 73% increase over 20 years. In addition, the problem seemed to be conspicuously prevalent among the foreign born. While the foreign born constituted 14.7% of the population, they represented 28.8% of the institutionalized insane.42 The distribution of the poor as enumerated in the public almshouses also fell predominately among the foreign born. Of the 82,198 people in the 1910 almshouse population 33,125 or 40.3% were foreign born. While this number only amounted to .2% of the foreign-born population, it was twice the rate for the native-born white and black populations (.06%).43 These figures convinced the mostly native-born white reformers that an increasing rate of degeneracy among the US. population was a reality. That this was largely a problem of undesirable immigrants also seemed to be born out by the census data. Particular elements of the foreign-born population were also singled out as responsible. That the foreign-born of Irish derivation constituted 42.6% of those foreign-born in almshouses also contributed to a perception that some immigrant populations constituted a specific detriment to society. Though these numbers reflected underlying social inadequacies in assirnilating the foreign-hem and increasing government surveillance of heretofore unaddressed social'problems, this was often lost sight of in the reformers’ exasperation with seemingly increasing numbers of the degenerate members of society. nothing in the quotation above (Lydston Pg.564), or the rest of the cited page (per Reilly) which would include consumptives in the list of those for whom sterilization is prescribed. "2 1913 Statistical Abstract of the United Stages: #36: Native-bom vs. Foreign-bom, Pg. 45, #31; Population by Race and Sex, pg. 34, #24; Insane by Nativity and Race, Pg. 59, #39. "3 Ibid. pg. 45, #31; Almshouse Population by Race and Nativity Pg. 56, #36. 128 Reforrners of various stripes thus began to propose more radical solutions to the perceived problem of societal degeneracy. As the ratios of the degenerate seemed to be increasing among particular divisions of society, solutions would have to be devised that would encompass particular segments, if not all of those regarded as the nation’s degenerates. As the perceived magnitude of the problem increased so did the number and nature of radical proposals to deal with the problem. Afflicted individuals became increasingly marginalized in society as particular syndromes were construed as especially dangerous or degraded in aspect. The overtly degenerate, those, whose deficits were most obvious physically, generally had the worst of the changing public attitudes and policies. The physically deformed, epileptic, and “mongoloid” fell into the latter category, while the more insidiously threatening, those with communicable diseases (or whose etiology was as yet not fully elaborated), in effect, the syphlitic and tubercular were also viewed as in need of sequestration, if not more ominous treatment. At bottom there seemed to be a progressive alienation of these others from society. With an increased alienation followed more radical proposed solutions as these others were perceived not to be a portion of the body politic. States throughout the nation rushed to pass eugenic legislation to meet the perceived problem. While only six states preceded Michigan in enacting negative eugenic laws, in effect, compulsory sterilization statutes, In the fifteen years following Michigan’s first such law over nineteen states would follow suit. These laws were neither enacted or implemented without challenges. The next chapter deals with the vagaries in the history of this legislation. 129 Chapter Five: It’s the Law To understand the often-sporadic nature of the enactment of sterilization legislation it is instructive to understand the evolution of the legal arguments for and against such statutes. AS legal arguments changed through adjudication so did the laws and the methods of utilizing them. An understanding of how and why these changes occurred illustrates Why there was so much variance among jurisdictions within the US. over time, and how influential these legal disputes were in the formulation of new laws. In 1897 Michigan became the first state to promulgate a sterilization statute, though it was never passed in the legislature. Another sixteen years would pass before such legislation would become law in the state. But lack of enabling legislation would not prevent some physicians from performing such operations. The April 22, 1899 issue of the Journal of the American Medical AssociaLon contained the first article supporting sterilization of the criminal classes, Dr. A. J. Ochsner’s Surgical Treatment of Habitual Criminals. Dr. Ochsner suggested that if it were possible to “eliminate all habitual criminals from the possibility of having children, there would soon be a very marked decrease in this class.” Furthermore, he asserted that vasectomy presented a socially acceptable method of doing away with hereditary criminals which “could reasonably be suggested for chronic inebriates, imbeciles, perverts and paupers.”l ’ Reilly, Philip. The Mal Solum. (Baltimore: The John Hopkins University Press, 1991) Pg. 30-31. Dr. Ochsner, chief surgeon of St. Mary’s Hospital in Chicago, revealed that in 1897 he had performed the first successful vasectomy upon a patient complaining of prostatitis. The patient in a follow up twenty-two months later noted improved “sexual power” which was “as good as any time during his life.” Dr. Ochsner’s report noted general and specific improvements in the two patients thus operated upon, and extended these claims of benefit to the criminals and other socially undesirable classes. 130 Dr. Harry Sharp, chief surgeon of Indiana’s J effersonville Reformatory, reported in the March 1902 edition of the New York Medical Journal, that he had performed vasectomies on 42 inmates between the ages of 17 and 25 since 1899. In his article, “The Severing of the Vasa Deferentia and Its Relation to the Neuropsychopathic Constitution,” Sharp showed his greatest concern for the increasing numbers of socially defective classes. Surveying the 1890 US. Census data, the doctor reported that from 1850 to 1890 the proportion of the criminal population had increased by more than three and a half times, and that, This is of the criminal alone. If all dependents were considered, such as inhabit public and private insane hospitals, almshouses and institutes for the feeble-minded we should find the proportion to be in the neighborhood of one to three hundred.2 Sharp insisted that the post-operative inmates “feel that they are stronger, Sleep better, their memory improves, the will becomes stronger, and they do better in school.” Dr. Sharp’s claims for the beneficial effects of vasectomy would be elaborated in future articles, which would also include an expanding number of surgical cases to validate his claims. The 1902 article by documenting a relatively large and successful post-operative patient base provided the first source of ammunition for eugenicists’ demands for sterilization legislation. In 1909, Dr. Sharp reported in JAMA, that between 1899 and 1909, he had performed 456 sterilizations on inmates of Indiana's Jeffersonville Reformatory, with no adverse effects, and in most cases highly favorable results. Dr. Sharp’s operations were performed exclusively on young men. The “therapeutic” reasons given for these operations most generally related to remedying a “morbid fascination with masturbation.” 131 There were no court or legislative sanctions for these operations. They were performed on the basis of the professional opinion of the institution’s physician, Dr. Sharp. As will be noted in the most famous case, Buck vs. Bell, physicians operating on their own prerogatives to originate and carry out such policies were not too unusual.3 In 1905, Pennsylvania’s legislature passed the first sterilization bill entitled “An act for the prevention of idiocy.” The act called for every state institution entrusted in with the care of “idiots and imbecile children” to appoint at least on Skilled surgeon who with the chief physician would examine the mental and physical condition of the inmates, and Whose finding would be passed on to a Committee of Experts and the Board of Trustees. The latter two would then authorize the physician “to perform such operation for the prevention of procreation as shall be decided is safest and most effective” upon those inmates whose “procreation is inadvisable, and there is no probability of improvement of the mental condition.”4 Governor Samuel Pennypacker vetoed the legislation within three months. Noting that the legislation failed to specify the particular surgical procedure, the governor sarcastically continued, “It is obvious that the safest and most effective method of 2 Ibid. Pg. 31-32. 3 Laughlin, Harry. Eugenical Sterilization in the United States. (Chicago: Psychopathic Laboratory of the Municipal Court of Chicago, 1922). Pg. 119. 145-146, 156, 161, 196. Dr. Sharp began sterilizing inmates at the Indiana reformatory in October 1899. Between this time and passage of the 1907 Indiana statute authorizing such operations, Dr. Sharp performed 176 such operations “upon men who desired the operation upon being discharged from the facility [Laughlin’s commentary Pg. 145-146]? Subsequent to passage of the enabling legislation, Dr. Sharp performed at least anOther 118 operations before the inauguran'on of Governor Thomas Marshall in 1909, who put a stop to the procedures. Dr. Sharp was quoted in several journals (e.g. JAMA (1909), New York Medico-Legal Journal (1909). Pearson’s Magazine (1909)) as having performed 456 such operations through 1909, though reasons for the discrepancy in the total number of operations performed (456) and those noted as performed in the reformatory (394) are unexplained in the available literature. While Dr. Sharp insisted at the time that the operation led to improved behavior among the inmates, Laughlin's 1922 commentary regarding inmates’ requests suggests later efforts to validate Sharp’s legally questionable operations. That such operations were 4 Laughlin. Pg. 35 132 preventing procreation would be to cut the heads off the inmates, and such authority is given by the bill to this staff of scientific experts.” The governor speculated that “scientists, like all other men whose experiences have been limited to one pursuit. . .and have developed in a particular direction, sometimes need to be restrained.” Pennypacker asserted that the bill “violates principles of ethics” regarding the trust of parents and guardians in the purpose of the institutions, and experimenting upon the children without consent and not for their benefit but for that of society. The governor surmised further that for any such law to be effective, it would have to apply to “the world at large,” and that “to permit such an operation would be to inflict cruelty upon a helpless class in the community which the state has undertaken to protect.” The govemor’s admonitions Show a prescience for the future legal challenges such legislation would encounter.5 The three major legal objections to compulsory sterilization laws throughout the first quarter century asserted such laws constituted one or all of the following: class discrimination in violation of the 14th Amendment’s equal protection clause (e. g. limiting the operation of the law to those people in institutions), cruel and unusual punishment in violation of the 8th Amendment (i.e. as punishment), failure to provide due process and a violation of the police power of the state in violation of the 5‘" and 6lh Amendments to the US. Constitution (i.e. not providing suitable opportunity for inmates and/or their legal guardians to challenge the decisions of the states’ medical or legal administrators. Between 1911 and 1919, members of the Pennsylvania legislature promulgated at least eight other pieces of sterilization legislation before finally passing a much more comprehensive bill in 1921 . This law called for the sterilization of inmates in institutions for the “idiotic, imbecilic, epileptic, feebleminded and insane.” Governor William 5 Laughlin. Pg. 35-36 133 Sproul, vetoed the bill as a violation of the equal protection clause in that the operation of the law pertained only to those in institutions. Extending the logic of his decision, he noted “if the object sought requires the sterilization of the class, then it requires the sterilization of all of that class. . ...in fact, there is more danger to be apprehended from persons. . .who are at large than those confined to institutions,. . .who are presumed to be confined in such manner that they have no opportunity for procreation?" Though Michigan’s legislature failed to enact the nation’s first sterilization statute, its members could claim to have also promulgated another first in eugenic legislation. In 1903, Lincoln Rodgers, state representative from Muskegon, attempted to attach a rider to a funding bill for the state home for the feebleminded, which would lead to the electrocution of seriously deformed infants. The Detroit News suggested Rodgers probably received the idea from “scientists,” noting “the same proposition had been heard from in scientific quarters.”7 Debates over euthanasia bills introduced in Iowa and Ohio in 1906, included well- known forensic psychiatrist Dr. Walter Kempster’s advocacy for the inclusion of “lunatics and idiots” in any euthanasia law. Similarly, Dr. R.H. Gregory asserted that “hideously deformed or idiotic children should be put out of existence by the administration of an anaesthetic.” These proposals were typical of support for such legislation in the Midwest.8 6 Laughlin. Pg. 36-39. Though Pennsylvania’s legislature was the first to pass a eugenic sterilization statute and many attempts were subsequently made to enact such laws in the Commonwealth, the state would never have such legislation. 7 Pemick, Martin. The Black Stork. (New York: Oxford University Press, 1996) pg. 24 8 Ibid. pg. 24; New York Times January 26, 1906; Van der Sluis, Euthanasia, pg. 135. Pernick refers to similar calls for eugenic euthanasia by G. Frank Lydston in the latter’s Diseases of Society. Pemick cites Reilly’s Surgical Solution, who cites Lydston’s 1906 work above. Reilly asserts that Lydston “advocated using a hermetically sealed apartment with a secret pipe for the admission of a deadly gas “to kill the convicted murderer and the driveling imbecile.’”’(Reilly. Pg.38). I can find no evidence for Reilly’s 134 In 1907, Indiana became the first state to enact a compulsory Sterilization statute, due in large part to the efforts of Dr. Sharp and his fellow practitioners. Indiana’s statute called for the sterilization of ““inmates of all state institutions charged with the care of “confirmed criminals, idiots, imbeciles, and rapists” deemed by a commission of three surgeons to be unimprovable, physically and mentally and unfit for procreation.” Over the next two years, Sharp continued to perform such operations, until the newly elected governor Thomas Marshall curtailed funding and forbade further procedures.9 Washington became the second state to enact such legislation in J unel909 as part of its criminal code. This statute allowed for the sentencing court “in addition to such other punishment or confinement as may be imposed, direct an operation to be imposed,” (i.e. sterilization). “Whenever any person shall be adjudged guilty of carnal abuse of a female person under the age of ten years, or of rape, or shall be adjudged to be an assertion in Lydston’s 1904 work Diseases of Society, also titled Diseases of Society and Mnerfl. In fact, Lydston’s discussion of capital punishment notes that it fails as a deterrent, has often led to the execution of the innocent through errors or perfidy, displays inequality in its application, may lead to execution of the insane (whom Lydston holds as incompetent), and constitutes a “barbarous instrument of social revenge.” (pg. 599-604) Dr. Lydston further argued that capital punishment’s most offensive aspect was that it precluded rectification of court’s mistakes and the results of perjured testimony against the innocent. He argued adamantly for indeterminate sentencing as the only just and reasonable alternative. This author has been unable to find a 1906 edition of Dr. Lydston’s book, but finds it highly unlikely that Lydston would have reversed such strong opinions in two years time. 9 Laughlin. Pg. 145-146; Haller. Pg. 136. Subsequently, the chief physician of the Indiana Reformatory initiated proceedings for the sterilization of Warren Wallace Smith, a teenager arrested for incest with his 12 year-old half sister. This test case resulted in a permanent injunction in 1919 as the law was found to inadequately provide for due process. The decision was upheld in 1921 by the Indiana Supreme Court. Under subsequent legislation, Indiana would eventually sterilize over 2,400 of its citizens. Sterilizations Performed Under US. State Sterilization Statutes. (Princeton: Association for Voluntary Sterilization, 1961) formerly Birthright Inc. Supp. 1 Box 73, Sterilization Statistics. Social Welfare History Archives, University of Minnesota. The SWHA of U. of Minn. contains the most comprehensive collection of sterilization statistics compiled by various interested groups. Gosney and Popenoe’s Human Betterment Foundation, established in 1928, began collecting data through direct contacts with relevant state agencies. With Gosney’s death in 1942, the HBF compilations stopped, but were subsequently brought up to date by the New Jersey Sterilization League, which later became Birthright, Inc. and finally the Association for Voluntary Sterilization. The latter names indicating the change from advocacy of compulsory sterilization legislation to defending women’s rights to surgical sterilization and other forms of birth and population control. These records henceforth referred to as Sterilization Records: SWHA. 135 habitual criminal."10 The law was strictly punitive in nature. Though it appears to have resulted in only one sterilization, the law was instrumental in making compulsory sterilization legal in the sense of not constituting “cruel and unusual punishment.” Peter Feilen, a disabled locomotive engineer, was sentenced to life imprisonment and sterilization under the statute in 1911 for “having carnally known and abused ...a female child of the age of 8 years.” Subsequent to his injury and up until that time, Feilen acted as constable in his small town of Kirkland, a few miles from Seattle. Though, the state Supreme Court heard his appeal in 1912 and ruled against Feilen, he was never sterilized. In 1919, the State Superintendent of the State Penitentiary at Walla Walla, Henry Drum, stated, In view of the fact that there was grave doubt as to Feilen’s guilt, he having a great number of the best people in that vicinity behind him, protesting his innocence, he was pardoned on December 27'", 1916 ...... I am convinced that he never was guilty as charged. Noteworthy also was the fact that the Washington Supreme Court’s decision held only that the punishment was not cruel, Washington’s state constitution saying nothing about unusual punishment. Nevertheless, the case, State vs. F eilen (Washington) 126 Pac. Rep. 75, would be cited as evidence that compulsory sterilization did not constitute cruel and unusual punishment in numerous courts throughout the nation as affirmed by the state Supreme Court of Washington in 1912.11 Hardly more than two weeks after, Washington passed their criminal statute, California enacted a sterilization statute encompassing both criminals and the 1° Laughlin. Pg. 15. “ Laughlin. Pg. 142, 149-162, 170-173, 292; At least two other persons were sentenced under the law though who actually was sterilized under the aegis of this statute remains unclear; Pg. 15. Washington 136 feebleminded in state institutions. Santa Rosa state senator, W. F. Price’s bill won near unanimous approval with only one dissenting vote in the state Senate and none in the House. Less than 300 sterilizations were performed under the aegis of this Statute, but the 1913 repeal and replacement of the 1909 statute with a more comprehensive law allowed California to begin sterilizing its citizens at an unprecedented rate. Passage of the 1913 statute ran into considerably more opposition than the 1909 bill with four noes cast against 21 ayes in the Senate and twenty-four noes against forty ayes in the Assembly. While one might naturally assume that the votes cast against the legislation reflected opposition to sterilization, this was apparently not the case. In 1917 with only seven noes cast in the Assembly, the 1913 statute was twice amended making it more comprehensive than before.12 Through the mid-19308, California alone accounted for half or more of all the compulsory sterilizations performed in the United States. Not until 1957 would California account for less than a third of all such operations in this country.13 Connecticut passed similar legislation in 1909 with the overwhelming approval of its assemblymen, 130 ayes against 28 noes. This state’s statute also applied to the feebleminded, insane and criminal classes though Connecticut remained much less active in applying the law, sterilizing about two inmates a year in its first decade. New Jersey followed suit in April 1911, when Governor Woodrow Wilson signed into law Chapter 190, an act to “authorize and provide for the sterilization of the feebleminded (including idiots, imbeciles and morons), epileptics, rapists, certain criminals and other defectives.” would enact an eugenic sterilization law in 1921, which applied to inmates in all state institutions for the “feebleminded, insane, epileptic, habitual criminals, moral degenerates and sexual perverts.” ’2 Laughlin. Pg. 17-19. The first amendment replaced “hereditary insanity or incurable chronic mania or dementia” with “mental disease, which may have been inherited and is likely to be transmitted to descendants, the various grades of feeblerrrindedness, those suffering from perversion or marked departures from normal mentality or from disease of syphilitic nature.” ‘3 Sterilization Statistics. SWHA. 137 By the time Wilson became the nation’s president in 1912, his eugenic legacy to the state had resulted in no operations and never would. Unlike many laws of the period, New Jersey’s statue provided for notification of next of kin, the provision of counsel, and court appeal of the Board of Examiners’ decisions. Within two month of the bill’s passage, the Board of Examiners selected Alice Smith, a feeblerrrinded, epileptic, twenty- six year-old inmate of the New Jersey Village for Epileptics as their test case. For eugenicists, Alice’s background presented an ideal eugenic history for a test case. At the age of seventeen, Alice became pregnant by a local black man, showing she “possessed none of the normal aversions of a white girl to a colored man, who was perhaps nice to her.”14 Of Alice’s surviving five Siblings, four resided in state institutions for the epileptic and feebleminded. Both parents were considered feeblenrinded and/or epileptic, as were several of their siblings. Modeled on the research style developed from studies at New Jersey’s Vineland Training Home, caseworkers compiled an eugenic history of the family reminiscent of the infamous J ukes study. Going back three generations, they documented feeblemindedness, epilepsy, illegitimacy, sexual immorality, drunkenness, consumption, criminality, dropsy and virtually any other negative “unit character” imaginable.15 Also typical of the Vineland method was the full patient history, including, by contemporary standards a sophisticated battery of mental tests. On eugenic grounds, Alice’s case was nearly ideal. Supposedly, the law would be tested on its merit alone. '4 Laughlin. Pg. 296. The term “normal aversion” is especially important, in that, Alice grew up in a black neighborhood, and thus normal aversion implies an inborn trait. The peculiar racism inherent in eugenic thought at this time especially directed against “race crossings” reflects an old humoral precept dressed up in new Mendelian terms. In effect, the deleterious effects of humorally disparate, constitutional crosses was equated with the dominance of “bad unit characters” in such crosses. Dr. V.C. Vaughan’s comments on race mixing in Eaggnics: Twelve University Lectures are typical of the genre. Cultural influence in such aversion was not denied, but considered secondary to “normal” inborn reflexes in pure races. 138 The New Jersey Supreme Court heard the case with the State’s Attorney General representing the defendants, the Board of Examiners. Citing the Iowa, Indiana, California and Connecticut statutes, the defense held that the legislature formulated the law within the legitimate police powers of the state, further citing F eilen v. Washington 126 Pac. Rep. 75, that the operation prescribed did not constitute cruel or unusual punishment. Eventually, both defense and prosecutrix accepted due process constraints embodied in the application of the law. The Board of Examiners held that the only question for the court arose from whether the state had the right to apply such surgical techniques to its citizens (i.e. were the prescribed surgeries in the statute within the police powers of the state?). The prosecutrix’ case maintained that the statute constituted a violation of the equal protection clause of the 14th Amendment, was cruel and unusual, and exceeded the police powers of the state. The court in handing down its ruling, maintained that the law arbitrarily created two classes, in effect, those within and those without state institutions, and thus did not afford equal protection entitled to every citizen in the US. Constitution. The court did uphold the police powers of the state and let stand the assumption that sterilization did not constitute cruel and unusual punishment found in F eilen v. Washington. In actuality, Washington’s constitution barred only cruel punishment, having nothing to say regarding the unusual. Thus the New Jersey decision amounted to an extension of F eilen v. Washington applicable in‘this broader context to a greater number of state constitutions.16 ‘5 Ibid. Pg. 297-305. '6 Laughlin. Pg. 6, 163-177. The New Jersey Supreme Court narrowed the decision further by noting that the statute contained an exclusion clause, barring the invalidation of the entirety of the law if some portion was found to be unconstitutional. Thus the court noted that its ruling applied only to the section of the law applying to epileptics, not to other classes named within the statute. 139 Though the law failed to meet the constitutional test of the equal protection clause and thus was declared unconstitutional in November 1913, it set several precedents of importance to future cases. The court upheld the police power of the state to perform such operations, extended the precedent of F eilen v. Washington, established what constituted due process procedures and nullified only those sections of the law applying to epileptics.17 The importance of the statute and the legal challenges to it was not only that they represented the first test case of a purely eugenic statute, but that they showed what was necessary to formulate a legally functioning sterilization statute. In terms of breadth, Iowa’s 1911 law went further than any thus far, by simply labeling Section 1 of the statute, “Unsexing of Criminals, Idiots, etc.” In actuality, the law only added “drug fiends” to the lists of the socially undesirable that other states had previously promulgated. The vague nature of the statute led to its repeal and replacement in 1913 and again in 1915. Iowa began slowly, sterilizing only 49 inmates in the laws’ first decade of operation, with nearly three-quarters of the operations being performed on men in two state hospitals. Yet by the mid-19308, Iowa like Michigan would have the dubious distinction of having sterilized more than three times as many women as men (381 men, 1315 women).18 Nevada followed Washington’s lead to become the sixth state to enact such legislation by making sterilization part of the criminal code under a Crimes and Punishment Code in 1912. Though the legislation passed with better than two-thirds ’7 Laughlin. Pg. 23-25, 81; Despite continuing efforts by groups such as the New Jersey Sterilization League, the Garden State never subsequently amended the functional parts of the 1911 statute to bring them in line with contemporary court decisions or enacted new sterilization legislation. Sterilization Statistics. SWHA ’8 Laughlin. Pg. 21-23, 64; Sterilization Statistics. SWHA, 1937. 140 majorities in both the House and Senate, no such operations were ever performed. In a 1918 test case, the statute was declared unconstitutional in a federal court.19 New York State also passed by substantial majorities in both state houses (House78-9, Senate 48-0) a sterilization statute in 1912. Justice Rudd of the Supreme Court of Albany County held the law to be unconstitutional in an opinion handed down March 5, 1914. The following spring, as a result of an informal agreement between the Board of Examiners of Feebleminded, Epileptics and Others Defectives and the Rome Custodial Asylum to provide a test case, Frank Osborn, a 22- year-old, feebleminded inmate of the institution was selected as a subject. Over the three years this case took to move through the courts, the members of the Board of Examiners themselves became defendants in the proceedings, were defended by the state’s Attorney General and eventually “perpetually enjoined and restrained from performing or permitting to be- formed the aforesaid threatened operation.” Justice Rudd reiterated his opinion of the law in his 1915 decision holding that Osborn had “no adequate remedy at law” for the aforesaid threatened injuries and damage,” in effect, the law provided insufficient “due process,” and denied equal protection under the law to those not institutionalized, a violation of the 14th Amendment. The appellate division of the Albany Supreme Court unanimously upheld Rudd’s decision in 1918, which then led to the defendants and the Attorney General’s appeal to the State Court of Appeals in March 1919. On Maleth, 1920, New York’s House and Senate unanimously voted to repeal the bill. Though, the legislature made the legal contest moot through repeal, the Osborn case figured ’9 Laughlin. Pg. 21-21, 79; No compulsory sterilizau'ons were reported in Nevada through 1963. S_terilization Statistics. SWHA. 1963 141 prominently in future deliberations on the formulation of eugenic legislation that would meet judicial muster.2o Laughlin showed a thoroughgoing disgust for the course of the New York legislation and the related test case. As Laughlin noted, though the case did uphold the precedents set in the New Jersey decision in Smith v. Board of Examiners, The statute was copied almost bodily from the New Jersey law, and no effort was made to improve or adapt it. In short, the history of this law in New York State is a record of politics, incompetency and discredit. It has set back eugenical progress among the state's institutions more than ten years.2lThe test case was selected well after the legal challenges to the New Jersey statute had become clear (1915). Without amending the law, prior to selecting a test case, the New York authorities virtually guaranteed the statutes failure in court.22 In Laughlin’s opinion, the selection of the test case, Frank Osborn, showed little of the care evident in the detailed eugenic patient history provided in Smith v. Board of Examiners. Laughlin further condemned the New York fiasco as having been brought about not by “persons interested in eugenics, but for the primary purpose of creating a 9,9923 commission for “deserving friends. At best, the case reinforced those portions of the 2° Laughlin. Pg. 10, 81-88, 216-241 , 291, 305; Under the provisions of the act, only one vasectomy was performed at the State prison in Auburn. According to Laughlin, forty-one salpingectomies and ovariotornies were performed on women in two state hospitals, giving New York the most lopsided gender ratio in the nation. The latter operations were performed in the state hospitals for the insane at Collins and Buffalo under their own responsibility. These institutions failed to use the law while it was in force. 2‘ Laughlin. Pg. 82 22 Ibid. Pg. 305-318. Laughlin stated “ It appears that there was no detailed or extensive family history study made in this case as was secured in the case of Alice Smith in New Jersey.” Laughlin went through the court records, and compiled an extensive history for his book, though as he notes these facts came to light in court largely through the questioning of Osborn by the court not through evidence supplied by the responsible authorities. 23 Ibid. Pg. 82. Laughlin noted that over $29,000 had been appropriated for the execution of the statute, most of which had been “spent largely for fees and traveling expenses.” The Board of Examiners failed to issue any reports, other than an expense statement, “nor, from the detailed reports of the institutions did [they] ever attempt any serious study,” succeeding only in bringing a flawed case and law before the courts. Considering the large sum of money spent, Laughlin’s opinion regarding the pork barrel nature of the statute would seem justified. 142 Smith v. Board of Examiners decision, which eugenicists considered valuable legal arguments for such legislation (i.e. not cruel and unusual, and with in the state’s police power) and clarified the legal necessities (i.e. constraints relative to due process and arbitrary class distinctions), and as such would be cited in defending future legislation. In 1913, while Vaughan served as president of the State Board of Public Health, Michigan established a commission to “investigate the extent of feeblerrrindedness, epilepsy, insanity and other conditions of mental defectiveness prevalent in the State of Michigan and to make a study of the causes productive of these conditions.”24 The legislature also enacted a statute for the sterilization of “mentally defective persons maintained wholly or in part by public expenses in public institutions.”25 Though the records available cannot establish a direct connection between Vaughan, Kellogg and the formulation of these laws, it seems evident that they with the assistance of Dr. R.L. Dixon, secretary of the state board and director of the Michigan Home and Training School at Lapeer, worked for the passage of these Michigan statutes. All three men were prominent eugenicists, who served on the Central Committee of the first RBF conference, publicly supported sterilization legislation and served on the State Board of Public Health at the time of the promulgation and passage of the statute. In January 1913, Allegan representative, Arthur Odell introduced a bill to authorize sterilizations of defective persons maintained at state expense in state 2” Public Act 150: Public A_cts of Michigan: 1913. Pg. 262-263 25 Public Act 34: Public Acts of Michigan. 1913 Pg. 52-54 Vaughan’s involvement in the promulgation of these statutes can only be assumed on the basis of his prominent position in relevant state agencies and his public pronouncements on the value of such laws. Most legislative records were lost in a fire at the Lewis Cass building in 1951. Seeking to avoid the Korean War draft by virtue of having committed a felony, a state employee set fire to the building. Ironically, as the father of two daughters and no sons, the employee was ineligible for the draft. Due to decisions by the current Department of Community Health, on the advice of the State’s Attorney General, other pertinent records of the State Board of Health are inaccessible to this historian. 143 institutions. Like prior legislation in other states, the Statute garnered strong support in both houses (House 72-16, Senate 21-9). The Michigan legislature’s passage of a sterilization law, made Michigan the seventh state to enact functioning legislation. Though it had taken Sixteen years from the time of the first state proposal for such a law to actually be passed in 1913, many other states besides the Six States which preceded Michigan in such legislation were actively working on such legislation. From 1905 through 1913, fifteen state legislatures would pass sterilization bills. Of these bills, governors vetoed four and several would be challenged in the courts.26 Michigan’s law fell into the latter category. From the passage of the bill in 1913 through 1918 when it was declared unconstitutional by the state Supreme Court, only one sterilization was performed under the aegis of this law. Nora Reynolds, a feeblenrinded girl with a mental age of 9 years and the mother of an illegitimate child became Michigan’s test case in 1916. Though little in the way of a eugenic family history existed, Reynolds presented a demonstrated and present danger in eugenic terms. Already the mother of one illegitimate child, Nora demonstrated a history of eloping from the institution to meet with different men.27 For eugenicists like Vaughan, women held the “stronger eugenic power [i.e. for good or evil]. ..between the sexes.” According to Vaughan many a young man of quality fell prey to beauty and wiles of a “female moron, especially when of high grade” who “in early womanhood, is often very attractive.” Such women presented the appearance of being “the daintiest, sweetest, most innocent creature in the world. ...she is a “little girl” ,9” and She will never be anything more. Mentally she never grows beyond “sweet sixteen. 2° Reilly. Pg. 45-46; Laughlin. Pg. 651, 99-147. 27 Luaghlin. Pg. 305 144 Describing several examples with which he was personally familiar, he could say in sum, “many a young man of good stock and of excellent personality falls a victim to the bewitching moron girl.” Perhaps expressing a general view in the medical community, he noted, “Every family physician of years of experience and observation knows how disastrously such marriages end...I speak with some feeling on this subject, because I have known-former students of mine to tie these millstones about their necks...After vain struggles most of them sink out of sight.”28 Vaughan went on to describe the case of a close and respected friend, who had made such an ill-fated match and managed to thrive against the odds. The friend, from a poor family but brilliant, was “unusually equipped both by nature and nurture” for his profession. Even though his friend had attained professional success, his wife cast an intellectual pall over his personal life and delivered to him three defective sons. He continued, speaking “to the young men of my audience, I wish to say, “Shun the attractive frivolous girl.” She is found in every community. The object of the eugenicist is not to multiply her kind, but to exterminate her.”29 Dr. Haynes, who brought the Reynolds case before the court as Medical Director of the MHT S (a.k.a. Michigan Institute for the Feebleminded), little doubt concurred with Vaughan’s opinions as did most other physician/eugenicists in the state. Haynes 2” Vaughan. Eugenics: Twelve University Lectures. Pg. 66-68 29 Ibid. Pg. 67-69. The friend, who had “won more than a competency; there was no official position within the gift of his state which was not within his reach; his professional service was sought by both rich and the poor; from the one he demanded and received liberal compensation, to the other he gave time and labour cheerfully and gratuitously. . ...All of these victories he had won and at the same time he carried a heavy load. His wife never grew mentally.” The three male offspring were eugenic disappointments, the eldest unable “even with the help of private tutors” to finish high school, the second a drunkard, the third “hardly able to take care of himself.” From Vaughan’s fervency on the topic one can imagine how strongly held and proselytized were his views. His notions, taken with his professional position (president of the AMA, MMA, Board of Public Health, Dean of the U. of M. Medical School) indicate the mainstream nature of his perspectives within the medical profession of the state if not the nation. [45 subsequently became Medical Director of the U. of M. Medical School, an unlikely circumstance without the approval, if not the recommendation of the medical school’s dean, Victor Clarence Vaughan. These perspectives on the special eugenic threat constituted by mentally deficient women goes along way to explaining not only the selection of Nora Reynold’s case, but for the propensity to sterilize women at a three to one ratio in this state.30 Michigan’s statutes provided for the notification of next of kin, the appointment of legal counsel, and judicial appeal; its flaw was to draw a legally arbitrary demarcation. Like the New Jersey and New York statutes, the 1913 law was challenged in circuit court as a constitutional violation of the “equal protection clause” in the case of Haynes vs. Williams (201 Mich. 138-166 NW. 938). Because the law applied only to those individuals in institutions, it amounted to class legislation as it failed to apply to the public as a whole. The court found the law unconstitutional on these grounds. In September 1917, citing F eilen v. Washington and Smith v. Board of Examiners, the Michigan Supreme Court sustained the circuit court’s finding. In sum, the constitutional flaws of the New Jersey, New York and Michigan statutes set the parameters for legally functioning eugenical legislation and Michigan alone of the three would pursue them.31 The governors of Idaho and Vermont vetoed their states’ first sterilization bills (resp. 1919, 1913) citing deficiencies in the legislation relative to the litigation cited above.32 Ironically, though Michigan legislation would be reformulated so as to be within the constitutional bounds set by continuing litigation; invariably, the people who went 3° Vaughan, Eugenics. Pg. 66-69. ; Sterilization Statistics. SWHA, Yearly Summaries, 1930-1963. 3‘ Laughlin. Pg. 203-215. 146 under the state's knife were those who fell under the jurisdiction of two state departments, Corrections and Welfare, originally conjoined in the Board of Corrections and Charities. Even though the law necessarily applied to all citizens of the state, the vast majority of those operated upon continued to be inmates of the state’s institutions. By 1920, court decisions throughout the United States had provided a pretty clear picture of what a model eugenics statute should look like. The goal of Laughlin’s 1922 work, Eggenicgl Sterilization in the United States, was to provide a comprehensive review of all legal precedent and render from this a model eugenic statute. In the light of this goal, the book was exhaustive in its research and the legal guidelines arrived at unimpeachable throughout the next several decades. Laws predicated on Laughlin’s model were sustained throughout the courts, and legislative repeal or veto appeared the only option for reversing the original legislative will to sterilize. Nonetheless, several states’ sterilization laws (e.g. Alabama (1919), Wisconsin (1913), Nebraska (1913), Kansas (1913), North Carolina (1919), New Hampshire (1917), North Dakota (1913) and South Dakota (1917)) enacted in the 19108, clearly deficient by the standards cited in the prior cases, were never challenged. This is particularly interesting in that hundreds of operations were performed under their aegis.” Laughlin’s Model Law and the extensive treatment of prior legal decisions contained in Eugenical Sterilizagon in the United Stages unleashed a flood of eugenic sterilization legislation. On March 15, 1923, Montana passed its first such statute, followed in April by Delaware, Michigan acted in May. University of Michigan law 32 Laughlin. Pg. 44-46, 48-51. Both governors cited problems with the legislation’s arbitrary class distinctions (i.e. the law applied only to the institutionalized) as violations of the equal protection clause of the 14th Amendment. Both governors also noted their general approval for the embodied in the legislation. 147 professor, Burke Shartel wrote the Michigan law at the instigation “of an organization interested in social work.” The law was amended in April 1925 to grant probate courts the right to hear sterilization requests and thus theoretically further extend the potential reach of the law to all defective citizens within and without state institutions.34 The legal implication was to make the statute less vulnerable to tests relative to the equal protection clause. The amended statute was challenged within two months in Smith v. Command, Wayne Probate Judge 231 Mich. 409, 204 MW. 140. Commenting in the Michigan Law Review, Professor Shartel noted the new statute had been challenged on four counts: as an unreasonable exercise of the state’s police power, as a cruel and unusual punishment, as discriminative class legislation and as a violation of due process of law. The law was upheld in the Michigan Supreme Court in 1925. Shartel believed it likely that Michigan’s test case would likely be further tested in the US. Supreme Court.35 The law was tested on the same grounds in October 1926 with the same result, further confirming the precedent set in Smith v. Command.36 On March 20, 1924 Virginia passed its first such statute. In the case of Carrie v. Priddy the test case of Carrie Buck was first upheld in the circuit court of Amherst County in April 1925. In November 1925 the Virginia Supreme Court of Appeals 33 Landman, J .H. Human Sterilization: The History of the Sexual Sterilization Movemen_t. (New York: MacMillan & Co., 1932) Pg. 54-96. 34 Public Acts of Michigan 1923, No. 285; Public Acts of Michigan 1925, No. 1925. 35 Michigan Law Review. Vol.24 No.1 November 1925, Pg. 1-21. Dr. Harley Haynes, who was Medical Director of the Michigan Institute for the Feeble-Minded from 1912-1924 and principal in the original test case of the 1913 law, assisted Shartel in composing the article. Dr. Haynes served as Director of the University Hospital in Ann Arbor after leaving the MIF. The University of Michigan provided an impressive number of eugenics advocates or at minimum, protégés willing to assist in furthering their oals. g6 Landman. Pg. 72. In re Salloum (1926) 236 Mich. 478. 148 sustained the decision of the Amherst court citing Smith v. Command. The Michigan Law Review regularly noted the case’s progress through the Virginia courts.37 Eugenic sterilization, with state sanction and compulsion, constituted an unprecedented invasion into the reproductive autonomy of its citizens. Considering the history of prior challenges to such statutes, it was nearly inevitable that a test case challenging one of the new statutes based on the model law would be pursued to the highest levels of the judiciary in an effort to establish legal precedent. Michigan’s statute and the relevant court decisions held merit for a constitutional test of the eugenicists’ chosen method of negative eugenics, compulsory sterilization law. But unlike the Virginia statute, Michigan’s law excluded the insane. As the statute’s author, Professor Shartel, noted, “the distinction between the two [feebleminded and insane] is that between a person who never has a complete mind, and a person who does have one but loses it through the action of disease or accident...,” and who might yet be expected to regain it.38 For many eugenicists, there was all too often a hereditary 37 Landman. Pg. 83-84; Michigan Law Review Vol. 24, No.1. November 1925, Pg. 500-501 3’ Shartel, Burke. Michigan law Review. Vol. 24, November 1925. No. 1, Pg. 3-4. It is worth quoting at length Dr. Shartel’s reasoning in that it epitomizes many of the fears regarding the sexuality of the feebleminded and how these apprehensions came to be extended to the insane when the law was replaced in 1929. It also shows the problem of a legal presumption that the patient’s condition might improve in the one case [insane] and a differing set of belief about the inheritance of insanity. The Michigan statute specifically required a certified medical opinion that the patient’s condition would not improve. “A feeble- minded person is a mental dwarf, a person whose mind has never developed, sometimes because his ancestors are also underdeveloped mentally, sometimes because of disease, or of an accident at birth or in early childhood; but always be is a person with sub-normal mentality. The insane person is in theory at least a person who has at one time enjoyed normal mentality, but who has, owing to disease or accident, lost it. Roughly, the distinction between the two is that between a person who never has a complete mind, and a person who does have one but loses it through the action of disease or accident. We would not need. any special experience to confirm the impression that these mental children, who are only too often en- dowed with normal sexual power and appetite, but entirely devoid of ordinary feelings of shame, responsibility, and so on, would require different care, and would present different social problems, from the mental adults who are affected by disease, possibly only late in life or only in one limited mental sphere. Perhaps the most marked characteristic of the feeble-minded--and this ought to weigh heavily in making a distinction such as we are discussing--is the hopelessness of cure. It is as much, but no more according to human experience to cause a feeble-minded person to attain full mentality as it is to cause an adult dwarf to grow to normal stature. To be sure few cases of insanity are ever cured either, but some are. 149 component to insanity and cures remained vanishingly few. Bringing a more eugenically comprehensive law before the US. Supreme Court held substantial legal risks, but potentially greater eugenic rewards. In 1927, the case of Buck v. Bell (State of Virginia), was heard before the US. Supreme Court. This case was generally recognized as setting legal precedent for all future cases. Carrie Buck was sterilized on October 29th, 1927 in the operating theater of the Virginia State Colony for Epileptics and the Feebleminded. Carrie Buck was selected as a legal test case for a variety of reasons. First she represented three generations of feebleminded in one institution and the obvious financial costs associated with their maintenance. Her illegitimate daughter represented not only the inheritable nature of feeblemindedness but also the perceived social threat inherent in the supposedly uncontrolled sexual impulses of her class. Because of the legal problems associated with including the insane in eugenics legislation, in terms of a legal strategy, the selection of a “demonstrably” inherited example of hereditary feeblemindedness made an ideal case for defending a law that applied to both the feebleminded and the insane. Her state- sanctioned sterilization was the culmination of a legal battle to validate the constitutionality of a new and more comprehensive type of sterilization law. Beyond extending the eugenic legitimacy of such statutes to the insane, the outcome of this case represented a constitutional validation of the sterilization law in "at least three respects: that it was not an abuse of "Police Power", nor was it without "Due And if nothing else is to be considered, the affectionate hope of the insane man's relatives for a restoration of the personality, which they once knew and cherished, is worthy of some consideration. The relatives of the feeble-minded man have never known him other than he is and they can hardly wish him to have children. Besides these differences there are the differences pointed out in the passages above quoted, the difference in the probability of uncontrollable sexual impulses, the difference in the degree of proof that insanity and feeblemindedness respectively are inheritable.” 150 Process of Law", nor was it punitive or "Cruel or Unusual Punishment"". The United States Supreme Court based its decision confirming the "Police Power" of the state to perform sterilizations, upon the precedent of compulsory vaccination in the case of Jacobson vs. Massachussetts ,(197 US. 11; 25 S. Ct. 358; 49 L.Fd. 643). But most importantly, like the judicial test of Michigan’s statute, the Supreme Court decision eliminated the most prominent problem with prior legislation, the legal obstacle presented by the Fourteenth Amendment’s “equal protection clause.” The vexing question of how to discriminate against a class of people and not be found guilty of arbitrary distinctions upon judicial review had been settled. Even if they had played it safe by excluding the insane from the law’s purview, Michigan’s courts and eugenicists had helped pilot a new course to their perceived better future. The Michigan Law Review noting the US. Supreme Court’s decision, commended the Smith v. Command decision as helping make the “Michigan act and those similar to it. . .. safe from the federal constitutional guillotine.”39 The objective result of the legislation and court decisions was to emphasize the eugenic nature of the statutes, the restriction of the propagation of the supposedly socially inadequate. The Supreme Court decision provoked the adoption of new eugenic legislation throughout the states. The opinion of the nation’s most celebrated jurist could only have exacerbated the situation. Chief Justice Oliver Wendel Holmes, in his written majority opinion (Buck vs. Bell), went so far as to say, We have seen more than once that the public welfare may call upon the best citizens for their lives. It would be strange if it could not call upon those who already sap the 39 Michigan Law Review. Vol. 27, 1927 Pg. 908-909. Reference to Burke Shartel’s 1925 law review article “Sterilization of Mental Defectives.” was included as a useful discussion on various aspects of the subject 151 strength of the state for these lesser sacrifices, often not felt to be such by those concerned, in order to prevent our being swamped with competence. It is better for all the world, if instead of waiting to execute degenerate offspring for crime, or to let them starve for their imbecility, society can prevent those who are manifestly unfit from continuing their kind. The principle that sustains compulsory vaccination is broad enough to cover cutting the Fallopian Tubes. "Three generation of imbeciles are enough"."0 As Kellogg noted thirty-seven years earlier, Holmes had not recently arrived at this conclusion regarding the inheritance of dysgenic traits.41 The Buck case is significant not only for providing legal sanction for sterilization legislation in the highest court in the land, but for demonstrating an example of the strange conjunction of private medical actions taken in the public name and their subsequent validation in the courts. In Carrie Buck’s case, her foster parents had ulterior motives for petitioning for Carrie’s commission as did the surgeon who performed the sterilization. Such medical procedures performed by public servants without legal sanction, in effect, on the personal professional opinion of the state’s agent (e.g. Dr. Priddy, the institution’s physician) were usually substantiated legally either in court or through subsequent legislation as in this case. ‘0 Reilly, Philip. The Surgical Solution: A Histog of Compulsory Sterilization in the United States. (Baltimore: John Hopkins University Press, 1991), pg. 87; Smith, J. David and Nelson, K. Ray. m Sterilization of Carrie Buck. (Far Hills: New Horizon Press, 1989), pg. 177-178. Landman. Human Sterilization. Pg. 97 -99; The reference to Fallopian tubes would seem to have an ironic significance in regard beyond its relation to the Buck case; well over half (57%) of the sterilizations "recorded" nationwide through January 1, 1935 were performed upon women. In Michigan, the ratio varied over the years from one to one, to over one to ten (men to women). The average male to female ratio in Michigan, over a twelve year period from 1923 through 1935, was three to one. Gillein, Hilmer. "Memorandum" Pg. 1; Gillein, Hilmer. "Memorandum to Ruth Bowen (Deputy Director, State Welfare Department)", Sterilization Records: State of Michigan Archives, pg. 1—2, Table l. 4’ Kellogg, John Harvey. Plain Facts for Old m Young: Emgaging the Natural Histog and Hygiene of Organic Life. (Burlington: I.F. Senger & Co., 1891), http://etext.lib.virginia.edu/modenglmodeng0. browse.html, 1995, P. 448, Kellogg noting then Professor Holmes views on heredity, summed up saying, “It cannot be doubted that the throngs of deaf, blind, crippled, idiotic unfortunates who were "born so," together with a still larger class of dwarfed, diseased, and constitutionally weak individuals, are the lamentable.” 152 Carrie Buck was adopted by her foster parents, Alice and J .T. Dobbs. Carrie had been in their care since age three, when her mother had given her to the Dobbs. In 1923 the Dobbs petitioned for Carrie's commission to the Virginia Colony for the Epileptic and Feebleminded. Three years earlier, her natural mother, Emma Buck, had been committed to the same institution. Smith and Nelson, in The Sterilization of Carrie Buck, assert that Carrie's institutionalization was a result of her pregnancy by the Dobb's nephew. Carlie, her mother, and sister Doris, were all institutionalized and sterilized.42 Carrie was chosen as the test case for the new Virginia Law by Dr. A. S. Priddy, Superintendent of the Virginia State Colony for the Epileptic and Feebleminded. Dr. Priddy had a personal reason to want the law validated, as he had recently "been sued in a Richmond court for a large amount of damages for having sterilized a feebleminded woman patient in the Colony.""3 The eminent eugenicist, Harry Hamilton Laughlin, was asked to testify as to the efficacy of the law and its applicability to Carrie Buck. Though Laughlin never personally examined Carrie, he was able to render a convincing indictment of her mental and hereditary defects. The results of IQ testing on Carrie, her sister, mother and daughter were never presented in court. Indeed, though there was ample subjective testimony as to their familial defects, no objective testing had been done. This was nature of the case that set the legal standard for compulsory sterilization for the next several decades. Further legal confirmations would follow, but this case would remain the legal standard.44 The first judicial challenge following the Buck vs. Bell decision was again 42 Smith, J. David. The Sterilization of Carrie Buck. (Far Hills: New Horizon Press, 1989), pg. 1-38. 43 Ibid. pg. 49.; "Conversation with Audrey Strode". Strode had written the Virginia legislation and was chief administrator of the Virginia Colony. He stated that Dr. Priddy had approached him with a proposal for the law, following Dr. Priddy's aforementioned Richmond court case. 153 directed upon a presumed infringement of the Fourteenth Amendment's equal protection clause." The 1928 of case Smith (Kansas Attorney General) v. Schajfer, (270 Pac. 604) held that compulsory sterilization was not a constitutional violation of the Fourteenth Amendment (i.e. as arbitrary class legislation), nor did it exceed the "Police Power" of the State. In addition, it was found not to constitute a violation of the constitutional provision for "Due Process of Law".45 In 1929 Michigan, taking advantage of the license provided by the US. Supreme Court’s Buck v. Bell decision, again acted to broaden the scope of its law by for the first time including the insane. Representative Cuthbertson introduced the bill on the 22nd of February with passage transpiring three months later to the day. The vote was nearly unanimous with eighty-three yeas to three nays, the nays without comment. The law passed through committee without amendments and gained passage with twenty-three yeas against two nays. Of the five nays cast in both houses, three were by Catholic legislators perhaps reflecting the Church’s opposition to such statutes.”5 The Catholic church’s opposition had not concretized at this point. As Judge Higbee of Kent County noted in his address to the 1928 RBF Conference, A Roman Catholic Bishop of western Michigan told me a year and a half ago. . ..he saw no reason, after the matter had been explained to him, why he should not approve of sterilization. The judge stated his belief that neither religion nor ethnicity stood as a bar to such legislation. Education was the key to his way of thinking.47 ‘4 Ibid. pg. 89-184; Gellein, Hilmer. "Memorandum", pg. 1-6. ‘5 Gellein, Hilmer. "Memorandum" 18 March 1937, pg. 2-4. ‘6 Allward, Dennis. Sec. Of Senate. Journal of the Senate of the State of Michigg. Vol.2 1929 Pg. 901, 936, 977, 1066, 1393; Gray, Miles. Clerk of the House of Representatives. Journal of the House of Rwresentatiles of the State of Michigan. Vol. 1-2, 1929 Pg. 225, 250, 550, 575, 587, 1003, 1041, 1060, 1383, 1388, 1393. 47 Proceedings of the Third Race Bettermerg Conference. Pg. 180-181. Judge Higbee noted also that Kent County over the past two years had been sterilizing at a greater rate than anywhere else in the US. and yet there “no popular clamor against the sterilization law.” He continued. I believe all that is necessary is to 154 Education of the public had proceeded apace throughout the decade on a number of fronts. Addressing the 1928 RBF Conference, Dr. W.A. Evans, Professor of Hygiene at Northwestern University and the “How to Keep Well” columnist for the Chicago Tribune, asserted that the most effectual means of educating the general public about sterilization and genetics was through the popular press. Also addressing the conference, Professor M.V. O’Shea, Head of the University of Wisconsin’s Department of Education and Columbia University’s Dr. Thomas Wood discussed how health education including eugenics education had and could gain a broader hearing throughout the citizenry. Noting that the fifty percent of the population living in rural settings had in four generations gave rise to eighty-eight percent of the total population, Dr. Luther West, Professor of Biology and Eugenics at the Battle Creek College, remarked upon the past and future success to be expected from the Better Babies and Fitter Families contests in inculcating eugenics theories among the laity. The sterilization legislation passed immediately after the Buck v. Bell decision reveals not only a favorable legal climate, but a receptive public.48 The Republican Lansing State Journal noted the 1929 statute’s introduction in February and the expected swift passage, which was also duly recorded without editorial comment in May. Judging from election statistics, the educational efforts of the eugenicists proved successful. Voter apathy, at least by today's standards cannot be cited as Michigan's electorate regularly turned out 70 percent at the polls. Republican domination at the polls throughout the state was shown by regularly tallying 70 percent or educate the leaders in each county. . . .. The intelligent people of every state will approve of sterilization if they understand the biological laws and if they understand exactly what it means.” Exactly who constituted the “intelligent people” can be imagined. ‘8 M. Pg. 654-659, The Newspaper-The Most Eflective Agent for Adult Education;_Pg. 91-117, The Fitter Families Contests: The Practical Application of Eugenic Principles; Pg. 640-647, The New Education; Pg. 648-653, The Contribution of Health Education to Race Betterment. 155 more of the vote for all offices. The variation between counties in the votes given to Republican and Democratic candidates varies from 2-1, to more than 4-1. Wayne County encompassing the Detroit vote, represented the greatest diversity of religion and ethnicity and revealed somewhat closer races (e. g. Governor’s race in 1928, Republicans 62.4% to 37.6%). This had been a consistent trend since the Civil War. In the legislature, most opposition to the statute came from Detroit area legislators suggesting greater support for such laws among the rural constituencies. Working class opposition to such measures might also be inferred, though this is difficult to substantiate from available data.49 In 1929, Nebraska's sterilization statute was "upheld as far as the constitutionality of sterilization of insane or feebleminded persons in the case of Clayton vs. the Board of Examiners of Defectives, (234 N. W. 630). This decision acted as an additional legal validation of Michigan’s new statute and the state’s authorities proceeded apace in its implementation. In the wake of these decisions, several other states also acted to beef up their existing laws or implement similar statutes.so Its legislature already in session when the Bell decision was handed down, North Dakota passed its second and more comprehensive statute in 1927, as did South Dakota. Only one state, whose legislature happened to be in session in even years, Mississippi passed new legislation in 1928. Until the year 1929 the effect of the Buck v. Bell decision was somewhat belated, since few states conducted legislative sessions in even years. But ‘9 White, John P. Mgan Votes:;l_ection Statistics 1928-1956. (Ann Arbor: Bureau of Government, Institute of Public Administration, University of Michigan, 1958). . It was not until after 1930 that the Democratic Party would actually give Republicans a run for their money. The first signs occurred in 1930 when Detroit went heavily for William Comstock the perennial Democratic candidate for governor. Though he won Wayne County narrowly the vote still went statewide for the Republicans albeit by a closer margin than ever before. At this time, most state legislatures met only on odd years and thus the passage of legislation is usually attributed only to odd years, explaining various apparent delays between judicial stimuli and resulting legislation. Example: 1927 Buck v. Bell decision and 1929 passage of Michigan sterilization law. 156 1929 witnessed new statutes in eleven states: Arizona, Delaware, Idaho, Iowa, Maine Michigan, Nebraska, New Hampshire, North Carolina, Utah and West Virginia. By that time both Michigan and Iowa were passing their fourth statutes, both states becoming more encompassing in their eugenic grasp. The year 1931 observed the enactment of new legislation in Indiana, Maine, Oklahoma and Vermont. In addition to these sixteen states, there were eighteen other states that advocated such legislation in their respective legislatures during the combined years 1928, 1929, 1930 and 1931, but were not successful in passing them. These states were California, Colorado, Georgia, Illinois, Kentucky, Louisiana, Minnesota, Missouri, New Jersey, New York, North Dakota, Ohio, Pennsylvania, Tennessee, Texas, Virginia, Washington and Wisconsin. By 1932 twenty- seven states had functioning legislation. Only two more states, South Carolina (1935) and Georgia (1937), and the territory of Puerto Rico (1937) implemented such statutes after this time, but many of the states with such legislation moved quickly to take advantage.51 In 1922 when Laughlin produced his seminal compilation on the history of eugenical sterilization, only 3,233 operations had been performed, nearly eighty percent or 2,558 of these in California. By the end of 1932 over sixteen thousand people had been sterilized with California’s percentage falling to just over fifty percent. Within four years an additional seven thousand people would fall victim to the statutes, more than twice as many than had been sterilized in the first fifteen years of such legislation. Laughlin and the other advocates of negative eugenics measures had been amazingly successful in their efforts.52 As late as 1937, the Director of the Michigan Department of Corrections, Hilmer 5° Gellein, Hilmer. "Memorandum" 18 March 1937, Pg. 2-6 5‘ Landman. Pg. 104-106, Appendix C. 157 Gellein could claim, "I might state that the law is well settled as far as idiots, imbeciles, insane, epileptic and feebleminded persons are concerned. The law relative to feeble minded persons can be considered a matter of universal recognition."53 Indeed though the criticism of such laws increased in scientific, medical and religious circles throughout the decade, none of the laws were repealed and surgeons sterilized on average over two thousand patients a year until the beginning of the Second World War. In its annual reader’s survey of 1937, Fortune queried, "Some people advocate compulsory sterilization of habitual criminals and mental defectives so that they will not have children to inherit their weaknesses. Would you approve of this?" As Reilly notes in The Surgical Solution, “Sixty-six percent of the respondents favored sterilizing mental defectives and 63 percent favored sterilizing criminals. Only15 percent of the respondents were opposed. Given that by 1937 even most eugenicists acknowledged that a strictly hereditarian view of criminal behavior was untenable, the response is startling?“ While the legislatures and the public in the vast majority of states at least actively considered such legislation, five states remained aloof from the crowd. Arkansas, Florida, Massachusetts, New Mexico and Rhode Island seem to have never promulgated such laws. Large Roman Catholic constituencies in four of these states may explain their reticence. In those states with large Catholic populations such legislation if proposed, seldom passed, or if so was constrained in its action. The courts also acted to limit and discriminate within the legal purview 52 Laughlin. Pg. 96; Landman. Appendix c; Sterilization Statistics. SWHA 1933, 1936. 53 Gellein, Hilmer. "Memorandum" 18 March 1937, Pg. 2—6; Public A_cts of Michigg. 1923 & 1925. Its history of amendments is reflective of attempts to bring it into compliance with changing legal perspectives. Public Act 285 :I 923 perceived as a possible violation of the “equal protection clause” in specifying inmates of state institutions was amended per Public Act 71 :1925. The latter act established a broader jurisdictional basis by sanctioning County Court's sterilization proceedings against "mentally defective persons.” 158 established by the legislatures’ acts. In 1929, Utah enacted its second sterilization statute allowing for the “sterilization of sexual criminals, idiots epileptics, imbeciles and the insane.” The warden of the Utah State Prison, R.E. Davis petitioned the State Board of Corrections for the sterilization of a Negro man, Esau Walton. Walton appealed the Board’s affirmation of the petition to Utah’s Supreme Court, which agreed with Walton’s assertion that his behavior though covered by the law was not of a hereditary nature. Walton, a native of Georgia and from a broken home, had served fifteen months in reform school as a child, not gone beyond the fourth grade, and though arrested several times for various crimes had never been convicted until sentenced in Utah for robbery. Four years after his incarceration, prison authorities caught him “practising sodomy with one of the other inmates,” which led to the warden’s petition. While the Supreme Court validated the constitutionality of Utah’s law it held that Walton’s behavior was more likely the result of environment rather than heredity. The court further noted that the stated intent of the law was not penal in nature but therapeutic. Remarking that parole and sterilization would not preclude him from future acts of a similar nature, while reeducation and reconditioning might, the court observed that since his sterilization would not promote either Walton’s welfare or that of the state, the state’s petition failed to meet the eugenic intent of the law.55 The courts consistently upheld the constitutionality of the “model laws” after Buck v. Bell, but retained the right to discriminate among cases presented for their review. Though the statutes provided for legal counsel, in a system where the best justice was to be had by those best able to pay for the services of those able to deliver it, the 5“ Reilly. Pg. 125-126 ’5 Landman. Pg. 99-106. 159 wards of the state almost invariably came out the losers. Among the members of the eugenic categories enumerated in the statutes, and regardless of modifications in the laws made in the most part to bring them into constitutional compliance with the Fourteenth Amendment, the states’ knives fell predominantly upon the institutionalized. As Landman contended in 1932, the courts would be able to discriminate, but only within the context of the laws. The highest court in the land had upheld the legislatures’ actions, and now only they could rescind the power they had granted the eugenicists and their sympathizers. If the legislatures were the creatures of the electorates, then the latter must bare responsibility for the formers’ actions. Eugenicists had appealed to something dark and deep within the public’s soul, called it a virtue and cast it as the necessary boon to guarantee an auspicious posterity. Plausibly dressed in the garb of science, until denuded of this modern justification for age-old bias the sterilizations would continue. Four over four decades, Michigan’s electorate turned if not a blind eye then certainly a jaundiced one upon these deeds. From the implementation of its first judicially competent statute in 1923 through the next four decades, Michigan sterilized over thirty-seven hundred people. 160 Chapter Six: Michigan’s Eugenie Success? To understand the limitations in ascertaining the exact nature of eugenics programs in the United States and elsewhere, it is helpful to see how confusing the picture was to contemporary investigators. Proponents of negative eugenic measures often had a difficult time gaining the cooperation of the practitioners responsible for carrying out the programs. Sometimes, as was the case in Michigan in the 19308, there seemed to be no controlling legal authority from which to discern either the mode of the law’s operation or its extent. What emerges is at best a partial description of sterilization policy and use, though an immense range of variation characteristic of such programs is more than evident. ’ Buck vs. Bell and related cases provided the legal precedent for states to pursue their eugenic policies.1 The decisions also provided, by example, a model statute (the Virginia law), on which to model their own legislation. Indeed, several groups were active in formulating and disseminating "model eugenic statutes". While Laughlin acted vigilantly through the 19203 and early 19303 to promote the adoption of legislation mandating immigration restrictions and compulsory sterilization, other eugenicists took a more cautious scientific view on the merits of negative eugenics. The latter’s investigations depended more on statistical analyses rather than the anecdotal research that characterized so many of the earlier studies (e. g. Kallikaks) of the ERO. Typical of these individuals and their endeavors was Paul Popenoe, editor of the Journal of Heredity. The journal operated as the official organ of the American Genetics Society, a sister organization to the American Eugenics Society. Though the journal 1 See Chapter Five, Pg. 21-26 161 devoted significant space to studies of human genetics, it chiefly provided a forum for geneticists studying bacterial, plant and animal genetics. Because of the more rigorous scientific standards applied to the joumal’s contents, it proved influential among scientists, doctors, legislators, and the lay public. By the late 19203, as Laughlin’s star waned, this new breed of more moderate scientific eugenicist lent a renewed credibility to calls for negative eugenic measures. Substantial amounts of data from the early eugenical sterilization programs was available for analysis and the scientific basis of Mendelian inheritance became ever more firmly established, if not also ever more complicated. The increasing sophistication of these eugenicists was reflected in the types of data and analysis conducted by organizations and institutions associated with compulsory sterilization. In 1927 self-made millionaire and recently converted eugenics advocate, Ezra Gosney, approached Popenoe with the idea of forming a new organization to monitor the progress of sterilization measures throughout the US. With Gosney as president and Popenoe as secretary, they established the Human Betterment Foundation the same year. As early as 1925, Gosney had advanced the idea to California officials of conducting a survey of California institutions responsible for implementing the state’s eugenic sterilization law. Over three years, beginning in 1927, Gosney and Popenoe published the results of their findings in various scientific journals and finally in a popularized version for laymen, entitled Sterilization for Hunga Betterment.2 2 Popenoe, Paul & Gosney Ezra. Twent -ei t Years of Sterilization in California. 3rd edition (Princeton, Birthright Inc. 1946). Pg. 1-3. The HBF ceased to exist with the death of Gosney in 1942, but Birthright Inc. and the New Jersey Sterilization League continued to carry out the work through the 19603. Without the data sets compiled by these organizations it would be impossible to provide accurate numbers on the number of operations performed. In Michigan, many of the records have been lost or destroyed and the current attitude of state authorities is to deny access to those records that do exist. 162 According to the authors, “The state authorities co—operated unreservedly in this undertaking.” Apparently the authorities were pleased with the study as they asked the l-[BF to conduct a follow up survey several years later, published as Twenty-eight Years of Sterilization in California. Officials in other states seconded Gosney and Popenoe’s popularity with the California institutions. By the early 19303 the HBF had begun conducting surveys of each state’s sterilization numbers, tabulating the results and publishing them in yearly reports. It was largely due to the efforts of these two men, that we know the extent of compulsory sterilization in the United States. The HBF’s influence went beyond the mere acquisition of data. Their requests for detailed information regarding the types of patients selected and the criteria used in these selections contributed to raise the level of state record keeping. The eugenic surveys and promotions of this new breed of eugenicists heightened standards throughout the discourse on eugenics. In reviewing HBF and Birthright information requests to Michigan officials, it is evident that state authorities considered the surveys valuable and their cooperation with the organization important. The completeness of the state institutions’ record keeping improves throughout the 19303 with far more attention being spent in supplying objective data in their sterilization requests to state boards and the courts. The Archives of the State of Michigan contain very few records prior to 1930 though nearly nine hundred such operations had been performed. Of the records extant for the period after 1930, approximately two-thirds were lost or destroyed in the arson firing of the Lewis Cass municipal building in Lansing. From passage of the 1923 sterilization statute, PA. 285 :1 923 and its subsequent amendments (PA. 71, 1925), until 163 the enactment of the 1929 statute only anecdotal evidence exists to reconstruct the nature of Michigan’s program. In response to a 1938 request for information on the number of sterilizations from Ruth Bowen, Deputy Director of the State Welfare Department, Hilmer Gellein, the Director of the Department of Corrections supplied a HBF tabulation for the period through 1935 and noted that “from 1923 to 1937, inclusive, there were performed 1,103 sterilization operations and twenty castration operations at the Michigan Home and Training School in Lapeer.” This indicated that of the 1,362 operations recorded in the attached HBF summary, nearly 81% had been performed at the Lapeer facility.3 The 1937 HBF national survey reported 1,696 sterilizations performed in Michigan through January 1St of that year with 1,404 of these representing procedures upon feebleminded patients. If the latter number represents inmates of the Lapeer MHT S facility this again equates to eighty-two percent of the total. Speaking on the topic of “Sterilization of the Feebleminded in Michigan,” Dr. H.E. Randall, President of the Michigan State Medical Society, told the 1928 RBF conference that, “as a matter of record, but 111 patients have been sterilized at Lapeer since the act was passed four years ago.” Following Dr. Randall’s presentation, Probate Court Judge Higbee stated to the conference, “that in Kent County we have sterilized something over 115 since the law went into effect (1923).4 Dr. Landman’s tabulation of 3 Gellein, Hilmer. "Memo to Miss Bowan", Pg. 1; Sterilization Statistics. SWHA 1930. 4 Proceedings of the Third Race Betterment Conference 1928. Pg. 177-181. Dr. H.E. Randall, Sterilization of the F eebleminded in Michigan; Judge Clark Higbee, Sterilization Approved By Intelligent People in Every State. 164 “The Number of Legal Sterilization Operations - January 1, 1932” reported only 629 such procedures with 153 males and 476 females being operated upon in the state.5 Up until at least 1933 no state organization seems to have had a clear picture as to how many sterilizations were being performed or where they were being performed in the state. Grover Dillman, Director of the State Welfare Department, responding to a 1935 request from the HBF reported 1,239 sterilizations through January 1St of that year (307 males, 932 females). The letterhead on Dillman’s memorandum to the HBF includes the State Welfare Commission, the State Prison Commission, the State Hospital Commission, the State Corrections Commission and the State Institute Commission. Presumably, state authorities were attempting to gain some insight into institutional practices in response to HBF requests.6 Responding to Gosney in January of 1936, State Welfare Department Director Fred Woodworth stated, “the total figure 1,239, includes both insane and feebleminded, as we were unable, in this office, to separate the two without causing some delay. There were few sterilizations for the feebleminded - the majority were for the insane.” Some two weeks later, Woodworth reported to Gosney “relative to furnishing you more definite information.” It is worth quoting Woodworth at length to demonstrate the level of confusion among the state’s relevant authorities. The present sterilization law allows the Probate Court the authority to pass on those sterilizations wherein the party is feebleminded, epileptic or insane but has not been committed to a State Institution. We have no record of these sterilizations since the law does not require this office to be informed of such. Also, there is no record in this office of those sterilizations performed by voluntary consent. In other words, we have a record of only those 5 Landman. Pg. 289, Appendix A 6 Dillman, Grover. “Memorandum to HBF, February 18, 1935" Sterilization Statistics, SWHA 165 sterilizations performed in our State Institutions wherein it is required that the Medical Superintendent of each institution secure the consent of the State Welfare Commission and the State Hospital Commission before proceeding with the operation. You can readily see how it would be impossible for us to furnish you with complete data on sterilizations that are performed outside of the State Institutions. Fred Woodworth, Director.7 Gosney and Popenoe recognizing the confused state of affairs proceeded to contact the state institutions directly. The University of Michigan’s Record Librarian, Florence Babcock noted that for the period from 1923 through 1935, the university hospital had performed 316 sterilizations (36 males, 280 females). With the passage of the 1929 sterilization statute, the number of sterilizations had doubled the first year, tripled the next and increased each subsequent year until 1933. Somewhat apologetically, Miss Babcock concluded, “All of these cases have been performed at the request of the Probate Courts of the State because of feeble-mindedness, mental retardation, promiscuity associated with the above or venereal disease. I am sorry that I cannot give you the definite figures for each diagnosis.”8 Miss Babcock, obviously feeling somewhat remiss in not being able to locate accurate medical histories for these procedures, bumped Gosney’s request up the chain of command to Dorothy Ketcham, Director of the Social Service Department, University Hospital. Ketcham’s letter to Gosney of March 10‘h though sounding authoritative provides further evidence of the confused state of affairs. Ketcham after inaccurately noting the general conditions of the law, proceeded to spell out her interpretation of what the university hospital had been up to. 7 Woodworth, Fred. “Letter to ES. Gosney. HBF, January 27, 1936” Sterilization Statistics. SWHA. 166 Most hospitals, of which the University Hospital is an example, have limited their sterilizations to two types of cases — those patients where sterilization is done on the basis of medical pathology determined by conditions in the course of treatment as essential for the progress of the patient, or on order of the Court following examination, hearing and findings with the order for sterilization.9 She then noted that Judge Higbee of Grand Rapids (Kent County Probate Judge), has been very much interested in the problem of sterilization, both from the biological and legal points of view, and is entirely familiar with the changing practice in the State over a period of years. I would suggest that he would be very much interested in communicating further with you.10 Further passing the buck, Ketcham noted, “there is no clearing house of information centrally located and a wide variation of actual practice. The State Department of Welfare at one time was interested in the number of sterilizations and might be able to advise you further as to additional numbers.”ll By April Gosney seems to have perceived the “wide variation of actual practice” Ms. Ketcham noted. Dr. Perry Wagley, Medical Superintendent of the Pontiac State Hospital (for the Insane) wrote Gosney thanking him “again for your interest shown in furnishing me with statistics on sterilization.” The good doctor then proceeded to inform Gosney that he was compiling some statistics of his own, which he would present to a meeting of probate judges and “other institution superintendents, etc. and your contributions will be of great help. . .and I trust. ...will be enlightening. If anyone requests 8 Babcock, Florence. “Letter to ES. Gosney, HBF, February 13, 1936” Sterilization Statistics. SWHA 9 Ketcham, Dorothy. “Letter to ES. Gosney, HBF, March 10, 1936” Sterilization Statistics. SWHA 1° Ibid. ” Ibid. 167 copies 1 will send for the pamphlets as you suggest. I certainly appreciate your cooperation very much indeed.”12 Ten days later, the doctor reported to Popenoe that, “I think I have what you want. It is a copy of the survey of the sterilization situation by the Probate Courts of Michigan pertaining to the state institutions.” He added that it would be a few days more before he had all the facts together, but that he would then forward a copy, noting that the State Welfare Department had been very helpful.13 Two days later, Woodworth of the State Welfare Department sent along a breakdown by diagnosis for 248 sterilizations, 184 of which fell into the category of insane. Presumably, this referred to the number of sterilizations done in 1935.14 If Gosney and Popenoe thought that they were at last getting a handle on the state’s “sterilization situation,” they must truly have been amazed by the letter they received in June from Dr. R.L. Dixon, Medical Superintendent at Lapeer’s MHT S. Dixon reported that, “the total number of inmates sterilized [in that facility] from the beginning of the practice up to January 1, 1936 is 1,014. Of these, 238 were males, and 776 were females.” He further noted, “among our population a number who have been sterilized previous to admission ...... or pending a vacancy in the institution. We do not have, however, an accurate count of this group.” After noting that “the University Hospital at Ann Arbor performed a great many sterilization operations,” he elaborated on the fact that “certain of the larger counties, such as Kent County,...do a great many of their sterilizations locally.” i: Wagley, Perry. Letter to ES. Gosney, HBF, April 17, 1936” Sterilization Statistics. SWHA Ibid. ’4 Woodworth Fred. “Letter to ES. Gosney, HBF April 29, 1936” Sterilization Statistics. SWHA 168 Furthermore, “it is our impression that the number of operations performed on mentally defective persons within the Institution would just about be doubled by those performed as mentioned above.” Disappointedly, Dixon went on to note that in Wayne County (Detroit) the courts were generally “unsympathetic to sterilization, and very little progress has been made there.”15 Trying to nail down the number of sterilizations performed outside the state institutions, Popenoe again wrote to Dr. Wagley of the Pontiac Sate Hospital, who helpfully forwarded the letter to Probate Judge Frank McAvinchey of Genesee County (Flint). The judge informed Popenoe, that with the exception of one county there are few, in fact that only one county of which I have knowledge is Kent County in which I understand there have been seventy one sterilization which I call illegal operations because the statute does not provide for sterilization except those committed to an institution or those who have been adjudicated sex delinquents.16 The judge was rather poorly informed as to the law and the state’s “sterilization situation,” in that Judge Higbee reported eight years earlier at the Third RBF Conference that Kent County had already sterilized over 115 people. Obviously in response to a further query from Popenoe as to exactly whom the Michigan statute applied, the judge wrote a rather preemptory one-paragraph letter stating to whom the law applied. Though the judge did not admit his own previous lack of knowledge, the paragraph he cited and the curt nature of his reply indicated his embarrassment. Popenoe and Gosney tabulated the figures for Michigan for the period up to January 1, 1936 as 1,555 total operations. They noted rather generously if not facetiously ‘5 Dixon, R.L. “Letter to Paul Popenoe, HBF, June 5, 1936” Sterilization Statistics. SWHA ‘6 McAvinchey, Frank. “Letter to Paul Poepnoe, HBF, June 24, 1936” Sterilization Statistics. SWHA 169 in the case of Michigan’s reporting that, “The figures by diagnosis from Michigan, Iowa and Indiana, are to a very small degree the result of careful estimate, as accurate statistics were lacking in regard to a few of the operations; but they are substantially correct.”17 The following year, the HBF proceeded to independently contact every institution in the state in an effort to gather more accurate statistics. The results must have been rather surprising, particularly as they only referred to the inmates in state institutions. In addition to the twenty castrations performed at MHTS in Lapeer, the Ionia Reformatory School had performed another Six along with the twenty vasectorrries done there. Jackson Prison had performed one castration and six sterilizations on feebleminded inmates, with another seven vasectomies on “others,” presumably sex offenders. Of the eleven institutions responding, all but one had performed several sterilizations. The lone exception was the Ionia Hospital, which had sterilized only one patient diagnosed as insane.18 Apparently, Popenoe and Gosney gave up trying to tabulate the number of sterilizations performed outside state institutions as their grand total from the state institutions (1,696) was also the number issued in their nationwide summary for the state as a whole. Evidently, the State Welfare Department had also given up in their attempts at record keeping. The department’s new director, James Bryant wrote Popenoe acknowledging receipt of the HBF’s survey of Michigan institutions, further noting, Insofar as we are able to determine this information appears authentic, and while there may be private hospitals in the State of Michigan that perform sterilization operations, we are not in a position to advise you as to the number 17 HBF. "Table of Sterilizations Performed In the United States, January 1, 1936” Sterilization Statistics. SWHA '8 HBF. “Table of Sterilizations Performed in Michigan State Institutions as of January 1, 1937” Sterilizations Statistics. SWHA 170 performed. This pertains particularly to operations ordered through the Probate Courts.19 The general lack of knowledge as to the extent of such operations was again evidenced by the man nominally in charge, Hilmer Gellein, director of the Department of Corrections. As late as March of 1938, he continued to report that “from 1923 to 1937, inclusive, there were performed 1,103 sterilization operations and twenty castration operations at the Michigan Home and Training School at Lapeer.” Yet, the MHTS had reported to the HBF that as of January 1, 1937 they had performed 1,404 such operations. If the MHTS’ director, Dr. Dixon was correct in his 1936 assessment, then the overall numbers for the state, including the operations performed under Probate Court orders may have been underestimated by fifty percent or more. When Dr. Randall had announced to the Third RBF Conference in 1928 that MHT S had performed 111 such procedures in the first four years since the passage of the 1923 statute, Judge Higbee had proudly noted that his county alone had sterilized more than 115 by that time and that “we are sterilizing at a greater rate in Kent County in the last two years than anywhere in the United States.”20 Of the 339 sterilization records in the Archives of the State of Michigan for the period from 1932 through 1937 inclusive, which at best represent half of the cases, virtually all of the records refer to inmates of state institutions. Those cases, which could conceivably be assigned to Judge Higbee’s jurisdiction, are very few. In his address to the RBF in 1928, the judge voiced his disapproval of those state statutes, such as California’s that allowed for the sterilization of the insane. Thus the cases from the Kalamazoo State Hospital (for the Insane), a short distance from Grand Rapids [Kent '9 Bryant, James. “Letter to Paul Popenoe. HBF. March 3, 1937" Sterilization Statistics. SWHA 20 Proceedings of Third RBF Conference. Pg. 178, 180. 171 ' County], are unlikely to be his, nor are those from the only other nearby institutions, the Ionia Reformatory and Ionia Hospital (for the Insane). Ms. Ketcham’s letter to the HBF indicates that sterilizations performed in hospitals at the request of the probate courts were more numerous than Genesee County’s Judge McAvinchey was aware. As all subsequent HBF requests for information were directed only to state institutions, the full number of compulsory sterilization operations performed in the state remained somewhat of a mystery. What was becoming ever more clear from the HBF summaries was that the number of operations was increasing at a rapid pace. If Landman’s 1932 tabulation of 629 operations covered nearly the first decade of the program, then the rate of increase was indeed astounding, Within the following three years, the figure nearly doubled to 1,239. The next year witnessed another 316 operations according to the HBF totals for state institutions only. Of these 180 represented patients categorized as insane. In 1929, Michigan passed Public Act 281:1929, commonly referred to as the "sterilization law". This law was enacted as a replacement for Public Act 285:1923 and its subsequent amendments (PA. 71, 1925). Even with the confused legal picture the 1923 law enabled the state to sterilize approximately five hundred of its citizens before the 1929 statute yet again broadened the scope of the state’s eugenic reach. The 1929 statute not only brought Michigan’s compulsory sterilization laws into greater accord with provisions of the Buck v. Bell decision, but also permitted the sterilization of insane persons with a “tendency towards idiocy or mental deficiency.” With insanity now a legal form of mental deficiency under the 1929 law, the latter 172 term became an even broader catch all than before. In one sense, it may have been legally necessary to include insanity within the purview of the statute as failure to due so could be considered an arbitrary distinction between types of inheritable mental deficiencies. The legislative intent of the law was the protection of society by the prevention of various types of inherited social degeneracy. The judiciary justified such actions as being within the police powers of the state for this very reason, protection of the state/society from a clear and present danger. Part of the legal justification for sterilization statutes held that they were analogous to laws mandating universal inoculation, the intent being to halt the propagation of malignant disease. If both types of disease transmission (hereditary versus bacterial or viral contamination) constituted potentially mortal threats to society, what then the difference in the mode of transmission when compared to the ultimate outcome? If it was necessary for the state to sterilize individuals who posed a hereditary threat (in the form of the additional social cost of genetic degeneration), then discriminating between different hereditary mental defects might be construed as a violation of the equal protection clause. In the first half of the century, available statistics indicated significant increases of mental illness in the population, and most physicians considered treatment of these afflictions as problematic at best. Before the advent of modern pharmacological agents, several forms of mental illness, considered treatable today, remained incurable and progressively degenerative. This remained the case throughout the first half of the century. Insanity a broad term itself encompassed two other very large diagnostic categories, dementias (schizophrenia, related psychoses) and manic-depressive states. Though some psychiatrists recognized 173 other forms of mental illness, such as Huntington’s chorea, most other psychiatric terms merely delineated subspecies within these major categories. Both senile dementia and dementia praecox were considered a set of progressive degenerative disorders with the latter representing only an earlier onset. Little hope of remission existed for either of these broad categories. Psychiatrists recognized a hereditary propagation of the disease, which failed to follow a simple Mendelian pattern and thus fell into the category of a recessive multi-unit character form of inheritance. Manic—depressive conditions often went into remission, but rarely stayed cured. Such patients, particularly with milder forms of the disease, were expected to reenter the outside world as semi-productive citizens though their eventual return to the institutional setting was also considered highly likely, if not on a permanent basis then off and on throughout their lives. The assumed pattern of inheritance seemed even more complicated than for the dementias, yet for many psychiatrists a genetic component clearly existed. Some pioneers like Freud focused on techniques, which held that some mental illness, such as the neuroses, arose from environmental stress (psychic trauma) and thus should be amenable to treatment. But most mental illness, which necessitated institutional care, seemed to be the result of organic brain disease, in effect due to a physiological defect. Many of these were clearly demonstrable upon autopsy. Whether such organic defects arose from inborn genetic anomalies, physical trauma, or infectious processes was arguable in individual cases, but the fact remained that such conditions seemed progressively degenerative. Psychoanalytic techniques provided little hope for these maladies. A continuing chicken and egg debate existed about the etiology of some mental 174 conditions and continues in some form to this very day. Does behavior or psychic trauma lead to changes in the organic structure and function of the brain or does the reverse hold true? For most physicians of a hereditarian bent, the physiological structure and function of the brain arose from the genetic instructions contained in the immutable germ plasm. The central tenet of Mendelian genetics held that the germ plasm constituted an immutable form in terms of its propagation, if directly traumatized the results were inherited. For Lamarckians, it remained an open question at two levels. They believed in the mutability of both somatic and germ cells. As Mendelian genetics gained ascendancy throughout the century, belief in the positive mutability of somatic and germ cells waned. This resulted in increasing pessimism about the possibility for reversing degenerative physiological processes. All recognized that physical trauma either directly or as the result of infectious agents could wreak havoc on normal organic development. This was as true for insanity as for feeblemindedness. But for those cases in which the germ plasm was implicated as the causative agent, their solution seemed clear, halt the genetic propagation. Failure to achieve improvement in the majority of cases led to a focus on management and prevention. Most revolutionary treatments of the time resulted in more manageable inmates, not cures. Electroshock and insulin shock therapies were joined by surgical interventions such as prefrontal lobotomies. While some physicians claimed remarkable patient outcomes, for most this was not the case. Such therapies generally applied only to manic-depressives, a group whose conditions were always more amenable to treatment than those of the psychotic patients (dementias). For the latter, management often equated with physical restraint, chemical sedation or surgical intervention. Since 175 dysfunctional organic processes were seen as the cause of such disease, prevention equaled lack of propagation, in effect, enforced sexual segregation or sterilization. The HBF’s second study of California’s sterilization program showed that more than half the men and a third of the women sterilized suffered from dementia praecox (schizophrenia). Inmates with dementia praecox, considered a progressive degenerative mental disease with virtually no hope of remission, were seldom paroled from institutions. Yet, with the chronic shortfall in institutional space, many of those suffering milder forms necessarily remained at large and sterilization was deemed appropriate treatment.21 Of ninety-five patients sterilized at the Kalamazoo State Hospital for the Insane between January 1933 and December 1937, 54 or about 57% were diagnosed with dementia praecox. For both men and women sterilized at KSH, the frequency of a diagnosis of dementia praecox was 58%.22 The majority of the rest were manic- depressives. The number of sterilizations performed at state institutions through the first four years of operation of the 1923 statute seems to have been well under two hundred total with a similar number performed at hospitals under the sanction of the probate courts. The Buck v. Bell decision and the national imprimatur it provided such legislation led to a substantial increase in the number of operations in Michigan. Sterilizations were performed primarily upon the feebleminded until passage of the 1929 Michigan act permitting sterilization of the insane. By 1936 the state’s surgeons had operated upon one hundred eighty patients classified as insane. In order to answer Gosney and Popenoe’s HBF surveys, state officials had to 2' Popenoe, Paul & Gosney Ezra. Twenty-eight Years of Sterilization in California. Pg. 10 22 Sterilization Rgguests. Archives of the State of Michigan. 1933-1937 176 investigate the number of such operations performed in the state. For some it seems to have been a startling revelation. The surveys, which only initially requested information on the total number of operations performed, evolved to include inquires about the numbers of patients falling into various categories. Because the state had no central clearing house for such information, the HBF wrote directly to all state institutions, thereby becoming itself the source of information for state officials seeking knowledge about the extent of such practices. The HBF survey for 1936 included information on the numbers of sterilizations performed classified by sex and diagnosis (i.e. insane or feebleminded). By December 1937 the new State Hospital Commission deferred action on five requests for sterilizations from the Kalamazoo State Hospital with the director of the commission noting that “a great many questions were asked, and some feeling expressed in regard to a possible promiscuous sterilization of numerous cases.”23 The commission’s director, Dr. Joseph Barrett noted in his letter to the hospital’s superintendent that he had tried to explain to the commission that the procedure requesting sterilization was similar to those used in the past and that all interested parties were notified and given sufficient time to file their objections. Dr. Barrett suggested that, “in future this information “(family/guardian permissions)” be transmitted along with the requests for permission and abstracts of the case records.” 24 After this meeting the requests contained a great deal more information than previously supplied by the Kalamazoo institution, yet the number of sterilizations performed on the insane continued 23 Barrett, Joseph. “Letter from Dr. Barrett, Director of State Hospital Commission to Dr. Morter, Medical Superintendent of the Kalamazoo State Hospital.” December 8, 1937. Sterilization Rguests. Archives of the State of Michigan. 1937. 2‘ Ibid. 177 to climb. The I-[BF summary for sterilizations performed in Michigan up to January 1", 1930 lists 388 total. Presuming that this figure does not include the previous 115 plus claimed for Kent County by Judge Higbee, then the state seems to have gone from about twenty-five operations a year in the various institutions to over a hundred a year following Buck v. Bell. Following passage of the 1929 act the number of sterilizations performed upon the insane also averaged about twenty-five a year up until the 1937 HBF (for the year ending 1936) survey documented eighty a year, whereupon the State Hospital Commission began to take notice. The 1937 HBF survey also revealed an interesting divergence in the selection of insane patients. Three state institutions for the insane performed the vast majority of the operations. The Kalamazoo institution had performed 111 operations with forty males and seventy-one females receiving such treatment. The Ypsilanti facility performed fifty- one operations, ten upon males and forty—one upon women. The Traverse City hospital had performed fifty-three operations with only five on males while the remaining forty- eight had been upon females. Unlike most states, Michigan was sterilizing its insane female inmates at much higher rates than the males. The national ratio in 1937 was nearly equal while Michigan’s was nearer to 3.5:1. For the feebleminded such a divergence in numbers had been commonplace for a number of reasons. The premise among most eugenicists was that prevention of propagation could be accomplished through two direct actions, segregation and sterilization. The larger number of sterilizations performed upon feebleminded women involved the generally less severe forms of such mental deficiencies among women and thus the greater likelihood of their 178 parole. The additional information contained on a woman’s second X chromosome in many cases supplied information missing or damaged in their male counterparts. Though the reason behind this was not understood at the time, general observations of genetic abnormalities showed male forms of feeblenrindedness to be more profound. In many cases of genetic defect males are sterile (e.g. Down’s Syndrome). Doctors had also observed the differing ratios in the sexual transmission of genetic defects in several disease states, most notably Huntingtons chorea and hemophilia. Nationwide two times as many feebleminded women were sterilized as men. Not only was their mental incapacity less than their male counterparts, but eugenicists such as Vaughan felt that women generally exercised more control in the selection of sexual partners. Their belief was that women of normal intellect would certainly not select feebleminded males as consorts thereby restricting the reproductive possibilities of the latter, while men in general and feebleminded women in particular tended not to be terribly selective in picking their purely sexual partners. These casual observations on the sexual selectivity of the sexes by contemporaries have since been born out by evolutionary psychology. Segregation in state psychiatric institutions failed to prevent opportunities for sexual liaisons. Though segregated by sex in separate buildings, even the Kalamazoo State Hospital patients were allowed to attend church every Sunday, football games at the local university, and dances most Saturday evenings. Though this group of patients would be considered under close supervision, this did not mean that there were not opportunities for sexual encounters, as the staff was well aware, and constantly on guard against.25 25 Conversation with Miss Virginia Hill R.N., Director of Nursing Education, Hurley Hospital, Flint, Michigan. September 1993. 179 In the case of individuals sterilized at the state institutions for the insane, prior behavioral problems may have provided more impetus for sterilization than the possibility of parole, but pressure for paroling patients increased through the Great Depression. State governments had less money to spend on the maintenance of the states’ wards and there never enough beds available. In addition it could be reasonably assumed that the number of people suffering various mental health problems during those trying times was on the increase. In March 1938, the Detroit Free Press carried an article claiming that over one hundred mental patients in Saginaw County were housed in county facilities awaiting transfer to state institutions. Some of the commitments were over twenty years old. Saginaw County Probate Judge John Murphy stated that two years previously cells had been established at the county jail but that, this wasn’t enough, so the others have had to be placed in the regular jail quarters.”26 1937 marked a sea change in the rate of sterilizations of the insane in Kalamazoo county. Dr. Morter’s letter to the HBF surveyors for that year reports no sterilizations for his institution, “because of the growing reluctance on the part of the Judges of Probate to issue the legal order. This is largely due to sentiment on the part of the public, which seems to be veering away from sterilization as a eugenic measure.”27 Only two such operations were performed at the Kalamazoo institution during 1938 while the Traverse City facility maintained its previous rate of about ten such operations a year. The state hospital for the insane at Pontiac performed another 39 operations that year though they fail to detail diagnosis. The decline in such procedures upon the insane originated at the 2” “Neglect of Insane is Cited by Judge” Detroit Free Pres_s. March 3, 1938. 27 Morter, R. “Response to HBF Questionnaire” Sterilization Records. SWHA. 1937 180 local level only in 1938, but by 1939 the change was evident throughout the state. Kalamazoo again performed no such operations, while Traverse City reported only a third as many as the previous year. The Pontiac institution performed only three, one-thirteenth the number operated on in the prior year. Yet the statewide reversal lasted only a short period. The following year, Traverse City would more than double the number sterilized the previous year while Pontiac accounted for another three. Only the Kalamazoo institution ceased performing such operations. By the end of 1940 over three hundred of the insane had been sterilized in Michigan. But fear of the “possible promiscuous number of cases” cited by the State Hospital Commission seems to have eventually led to a substantial decline in sterilizations upon the insane. Through the rest of the decade less than ten procedures a year resulted from a diagnosis of insanity. The increased awareness brought about by the HBF’S surveys also led to an early denouement for an anticipated increase in operations performed upon the state’s prison population. In March of 1938 the director of the Department of Corrections, Hilmer Gellein, wrote the director of the State Welfare Department, James Bryant regarding the current state of the law regarding compulsory sterilizations, “In conclusion, I might state that the law is well settled as far as idiots, imbeciles, insane, epileptic and feeble minded persons are concerned.”28 Noting legal opinion in regards to the sterilization of the insane and others not labeled feebleminded, Gellein concluded, The law relative to feebleminded persons can be considered a matter of universal recognition. As far as the sterilization of sex criminals or repeaters of sex crimes or any other crimes, we are at present starting upon the threshold of a new field which will undoubtedly raise a greater storm of protest than did Indiana’s first sterilization law thirty-one 28 Gellein Hilmer. “Letter to Mr. Bryant.” March 9, 1938. Sterilization Reguests. State Archives of Michigan. 181 years ago.29 While the state sterilized a few prisoners in the past, plans for expanding such a policy were stillborn in 1938. The state prisons and reformatories reported no sterilizations performed in 1939 or 1940.30 Yet, Gellein’s assertion regarding the situation regarding sterilization of the feebleminded remained true, both in law and among the lay public. The MHTS in Lapeer continued to sterilize around one hundred of its inmates each year with two to three times as many procedures performed on females as males. With the presumed higher parole rates of feeblerrrinded women, this kind of disparity made sense and was also reflected in national statistics. One other Michigan institution produced similar numbers and ratios. Dr. Haynes, former director of the MI-IT S and collaborator with Burke Shartel in framing the 1923 and 1925 statutes, as director of the University Hospital in Ann Arbor reported to the HBF that his institution performed 103 sterilizations in 1940 (28 male and 75 female), slightly down from the 136 (18 male and 118 female) of the previous year. All but four of the sterilizations were listed as non- eugenic, the other four being on feebleminded. In his letter to the HBF explaining the category of “others,” Dr. Haynes stated, The majority of these individuals were female patients who were suffering from chronic illness, which could cause any further pregnancies to endanger the life of the patient, or be detrimental to her health. After consultation with at least two specialists, the sterilization operations were performed. We regret that it is impossible for us to give you any further information regarding the 132 sterilization operations. In order for us to release any further information, it would be necessary for us to have the signed ’9 Ibid. Pg. 6 3° Kling, V.F. “Michigan Reformatory (Ionia) Response to 1937 HBF Questionnaire” S_terilizraion Records. SWHA; Apparently, the Department of Corrections plans to enlarge the sterilization program among the prison population had proceeded to a limited extent. The reformatory’s medical director reported six sterilizations, three of which were castrations, presumably upon inmates incarcerated for sex crimes. 182 authorization from the patients.31 The HBF was in a quandary about how to include such figures. They had a category for “others,” but their totals for the state do not seem to accurately reflect those supplied by the Ann Arbor hospital as such. The HBF compiled figures on the basis of operations performed under state laws, in effect, laws related to compulsory sterilization. The category of “others” usually referred to “eugenic” sterilizations not included as either insane or feebleminded. The people who fell into this category under the Michigan law included “epileptic persons, moral degenerates and sexual perverts.”32 The I-[BF survey figures on “others” seems to refer to just these latter categories, particularly operations at the Wahameja facility for epileptics, though patients with epilepsy were sterilized at a number of other facilities also, notably the MHT S. From what Dr. Haynes stated in his letter to the HBF, it could be inferred these sterilizations required no permission under state law as they were medically indicated. What was interesting about these numbers is that the Ann Arbor hospital now found itself performing four to five times as many sterilizations per year solely on the basis of medical indications than it had done in all categories in previous years. In the years immediately prior to 1939, the vast majority of cases fell under the diagnosis of insane or feebleminded. The Ann Arbor hospital’s response to the survey also revealed some confusion about their accounting of the operations in this period. Their June 1938 questionnaire reported under “others” seven males and twenty-one females, all 3’ Haynes, H.A. “Letter to Mr. Reid, Assistant Secretary HBF“ January 29, 1940. Sterilization Records. SWHA. Dr. Haynes specifically stated that in all but four cases of feeblemindedness. all Sterilizations at his hospital were for non-eugenic purposes. Further proof that the Ann Arbor figures were not included in the 183 specifically identified as normal. An additional two women in the category of insane were also recorded for a grand total of thirty. The report was later amended to record five males and seventeen females as feebleminded with eight under “other operations.” Apparently, the amended report indicates eugenic sterilizations on patients previously identified as normal. Because the Sterilizations Dr. Haynes referred to were performed on the medical recommendations of at least two concurring specialists, he seems to imply that no patient! guardian permissions were needed. What may be indicated in the Ann Arbor survey reports is a practice of sterilization in the operating room at the determination of the surgeon. At this time surgeons stalked hospital halls like gods. They practiced their arts on almost every conceivable malady. Surgeons tried various techniques for an increasingly wide range of illnesses; collapsing lungs (pneumothorax) and removing parts of the rib cage (thoractomy) in tubercular patients. Radical mastectomies and hysterectomies were routine treatments for patients suffering from cancers of the breast or female reproductive organs. The removal of “extraneous organs” for medical indications (such as the spleen during appendectomies) while performing related surgery was not unheard of either.33 With the increase in the number of sterilizations done in Ann Arbor the question of whether the hospital’s physicians had come across a means of circumventing the law HBF summaries is evidenced by the comment of erroneous on the Ann Arbor questionnaire with a reference to a letter of February 2, 1941. 32 Public Acts of Michigan. PA. 281: 1929. Pg. 689 33 Scale, Clive & Pattison, Stephen. Medicalgnowledge: Doubt and Certainty. (Ballmore: The Open University, 1994) Pg. 48-49; Dally, Ann. Women Under the Knife: A History of Surgery. (New York: Routledge, 1991) Pg. 137-140, 190-192. With the advent of Lister’s antiseptic surgical techniques in the mid-19th century, abdominal surgeries became much more routine. By the late 18003 articles with titles such as “Unnecessary Operations: The Opprobrium of Modern Surgery” and “Frenzied Surgery of the Abdomen” had begun to appear in medical journals. 184 must be asked. It certainly seems strange that the hospital was performing so many more sterilizations after 1937, and that sterilization for chronic ailments had previous to 1936 accounted for so few of the recommendations. In listing the 316 sterilizations performed at the University Hospital from 1925 through 1935, Miss. Babcock, the record librarian, stated, “All of these cases have been performed at the request of the Probate Courts of the State because of feeble-mindedness, mental retardation, promiscuity associated with the above or venereal disease.”34 With the number of sterilizations performed outside of state institutions at the request of the probate courts and others performed for medical indications, most of which seem not to be catalogued in the HBF summaries, it is nearly impossible to ascertain how many such operations were performed throughout the state. With the advent of the HBF surveys and their realization of the confused state of affairs, or as the University of Michigan’s Dorothy Ketcham noted, “wide variation of actual practice,” state officials and the public became increasingly aware of the rapid increase in the numbers of those being sterilized. While this led to a diminution in the numbers of such operations upon the insane and criminal population in state institutions, it had no such effect upon those labeled feebleminded. Through the 19403 Michigan institutions sterilized on average one hundred feebleminded patients in each year. Only ten or less of the insane suffered such a fate. After 1953 the overall number of sterilizations started to decrease significantly, varying between seventy to twenty-six operations a year with an average of thirty-seven. By 1956 the number of sterilizations performed on the insane generally equaled the feebleminded. The first half of the 19303 witnessed the largest number of sterilizations with one 3" Babcock, Florence. “Letter to ES. Gosney, HBF” February 13, 1936. Sterilization Records. SWHA 185 hundred forty-one such operations performed in 1936. This was the year Dr. Morter requested some sixty sterilization in his facility alone, which led to the State Hospital Commission’s questioning of his practices and the local probate judges’ refusal to sanction more sterilizations in his county. This reduction in the number of sterilizations upon the insane continued for years afterwards throughout the state. Because of large disparities in the types of statistics the HBF was able to obtain from the state there was really no way to make an accurate estimate of how many Michigan citizens and wards fell under the state’s scalpels. By the end of 1963 the minimum stood around four thousand. How many more unaccounted for operations occurred varies tremendously. The 132 “non-eugenic” sterilizations performed in Ann Arbor in one year and subsequently left out of the state’s statistics would lead to much higher numbers depending on whether one accepts the suspicious categorization of non-eugenic.35 Some years witnessed significant variations in the numbers of sterilizations performed. It seems nearly 173 feebleminded were sterilized in 1940 alone. The incompleteness of the records for this period makes it difficult to ascertain where these sterilizations occurred. Throughout WWII approximately eighty operations were done each year with the number jumping to a hundred and more after the completion of demobilization. In another possibly war [Korean] related statistic, the number of feebleminded sterilized in 1951 dropped to half the previous year rebounding to previous levels in 1952 and 1953. Equally mysterious was the upsurge in sterilization of the insane. In 1950 only one sterilization had been performed on an insane patient, while in 1951 the number 35 Morter, R. “Response to HBF Questionnaire” Sterilizations Statistics. SWHA 1937; “Report on Sterilizations Reported From States With Sterilization Laws” Sterilization Statistics. SWHA 1937 186 increased to thirty, all women. Of all the Sixty-six sterilizations performed in 1951 on both the feebleminded and insane, all were upon women. Every year after that averaged about five such procedures. Most all of the sterilizations on inmates in hospitals for the insane were women. From 1941 through 1948 only four male inmates were sterilized while nearly fifteen times that number of women were operated upon. In the next decade no male inmate would be sterilized while over sixty-two women would fall under the institutions’ scalpels. For two years after demobilization (1947 and 1948), sterilizations among the feebleminded ran about equal numbers, but subsequently reverted to ratios of about two or three to one. Through the middle part of the next decade an average of sixty . feebleminded patients received sterilization averaging a little over thirteen a year thereafter. In the three decades from 1933 to 1963 the HBF records show the state sterilized some 3,786 persons for eugenic reasons. Seventy-six percent of these operations were carried out on the feebleminded, seventy-three percent of those sterilized were women. Women accounted for eighty-two percent of the insane and seventy-two percent of the feebleminded. Of the HBF category of others, women accounted for seventy-eight percent. Most women in this category suffered from epilepsy, while many of the men were presumably sex offenders, some twenty of the latter suffering castration rather than vasectomy.36 These statistics fail to include the Ann Arbor hospital’s category of others, which for 1939 accounted for 132 procedures not noted in the HBF survey. Women accounted for a startling eighty-nine percent (n=118) of this number. The University Hospital 187 sterilized more patients in that year than all state institutions combined. Their previous obfuscation of the numbers sterilized and the categories to which they belonged suggest a much larger “sterilization situation” than the hospital’s authorities admitted to the HBF surveyors. If not for the diligence of the I-IBF’S founders, Gosney and Popenoe, it would be nearly impossible to ascertain the extent of Michigan’s program, if indeed such a level of variation and local practice can be called a program. Ironically, Gosney and Popenoe, avowed advocates of compulsory sterilization, revealed to the public and state health officials the extent of such practices, and ironically, most likely many other hapless wards of the state would have lost their ability to reproduce without their efforts to promote eugenic sterilization. The “wide variation in actual practice” Dorothy Ketcham referred to 1937 bespeaks of a similar phenomenon that was about to occur with one of the latecomers to the sterilization game, Nazi Germany. Not until Hitler’s accession to power in 1933 did Germany have a sterilization statute though many doctors had advocated such laws for years. When Hitler proclaimed it the law, Germany set up a nationwide program with courts and review panels modeled on the Laughlin’s model law.37 Laughlin was granted an honorary doctorate from one of Germany’s most eminent universities in recognition of his contributions to the eugenics sterilization movement.38 3" HBF & Birthright Compilations of Sterilizations Performed in States with Sterilization Law. Sterilization Statistics. SWHA. 1933-1963 37 Kuhl, Stefan. The Nazi Connection: Eugenics, American Raaism and Gemn Nationafiociali_sng. (New York: Oxford Universiy Press, 1994). Pg. 24-26; Weindling. Paul. Health, Race and Germfl Politics Between national Unification and Nazism, 1870-1945. Pg. 504 3" Kuhl, Stefan. The Nazi Connecfi_o_a._Pg. 86-88. For the 550th anniversary of the founding of the University of Heidelberg, the Nazi regime chose to celebrate the “new spirit” of academia in Germany by awarding honorary degrees to well-known German and foreign scientists as a means of courting American eugenicists. Laughlin and Foster Kennedy, both eminent American eugenicists, were awarded honorary 188 Despite the uniformity of Germany’s law, practice varied in different jurisdictions leading to what some have referred to as the “wild” time of sterilization and euthanasia. Michigan’s “variation in actual practice” bears an unappetizing resemblance in many ways with physicians and local judges pursuing their individual eugenic agendas. But through the HBF’S efforts at promotion, Michigan came to have a more transparent process, even if the result was the opposite of what Gosney and Popenoe had hoped, in effect, greater resistance rather than support for eugenic measures. It is arguable whether Michigan would have proved as reluctant to pursue its eugenic program if it had suffered the human losses Germany had in the First World War, undergone the depth of fiscal crises of Germany’s Great Depression or the humiliation imposed by the victors. The German’s were not originators of their practices. They took them to extremes perhaps unimagined in the United States, but then perhaps they were imagined here, too. Dr. Randall in addressing the Third Race Betterment Conference in 1928, commented on the 75,000 feebleminded in the state noting that “sterilization was not a panacea” but an instrument in controlling the growth of this population. According to official figures the state barely exceeded sterilizing five percent of this number. All the justifications that German physicians and eugenics advocates used to rationalize their program were already extant in the America. Even the most heinous of German eugenic actions had its American counterparts. doctorates in 1936. Kennedy, a psychiatrist and member of the Euthanasia Society of he United States, gained notoriety for his advocacy of killing the mentally handicapped. In 1939, Kennedy, who advocated that “euthanasia be legalized for creatures born defective,” resigned his membership in the society because of their advocacy of voluntary euthanasia only. In 1934, the Johann Wolfgang von Goethe University in Frankfurt awarded a doctorate of science to Henry Fairfield Osborn, founder of the American Eugenics Society, President of the Second International Eugenics Congress, founder of Columbia University’s biology department and President of the American Museum of Natural History; Lifton, Robert. The Nazi Doctors: Medical Killing and the Psychology of Genocide. (New York: Basic Books, Inc., 1986). Pg. 38. 189 The euthanasia of defective newborns was also advocated in Michigan (see Lincoln Rodgers).39 Though it never became law, the practice remained one of the dirty little secrets of the medical profession for decades. Some physicians “set aside” the defective newborns while attending to the mother. If in the judgement of the surgeon, the mother’s condition took precedence over the child’s then who could dare to second- guess? Such practice could be likened to the surgeon’s judgement to sterilize a patient in the course of performing a related procedure, such as c-sections, abortions, or operations related to post operative infections or bleeding. In the medical profession derogatory terms for these unfortunates included FLKs and FLPs, funny-looking-kids and funny- looking-parents. Such terms of derision were not the province of the medical profession alone, though their origin remained clear enough. A 19703 “Medical Issue” of the National Lampoon listed a full page of such terms. The widespread use of such medical jargon implies that Michigan’s medical personnel were not very different from those in other states. Responses to HBF questionnaires to other states often bore a striking resemblance to Michigan’s situation, from which one might infer a similar level of confusion or ignorance. It is primarily due to Gosney and Popenoe that we can begin to ascertain the range of these programs. If not for the public attention they generated the number of sterilizations in Michigan would most certainly have been greater. This was probably the case in other states as well. Their labors seemed to have been entirely fruitless. Their bid to invoke a competitive spirit among the states with sterilization statutes to accomplish more than their likeminded neighbors failed in most cases. Their attempts to encourage states without such laws to adopt them by example with those that did contributed to a virtual cessation in the 39 See Chapter Five, Pg. 135 190 proposal of new eugenic legislative throughout the country. Following the death of Ezra Gosney and the demise of the HBF in 1942, Birthright, Inc., successor to the ill-fated New Jersey Sterilization League, took over the task of surveying and compiling the states’ sterilization statistics. They continued their efforts through 1963 when the organization transformed itself into the Association for Voluntary Sterilization, an advocacy group for women’s right to obtain voluntary sterilizations (for reasons of birth control) throughout the nation. Ironically for them, they were again ahead of their time in terms of sterilization of the “socially deficient.” By the 19903, Michigan citizens would have to sue state agencies to provide or even allow their handicapped children sexual sterilizations. But by then the AVS was gone, having at least helped many mothers get the sterilizations they desired. 191 Chapter Seven: Michigan in Context: The National Perspective While Michigan’s program of compulsory sterilization was unique in some ways, it also mirrored trends in other states. An analysis of other states with such laws provides a picture as to why there was so much variation in practice between states. Much of the divergence was related to when and where laws were enacted. Treatment regimens changed over time and with some regions seemingly decades behind others in the relative dissemination of eugenic knowledge a diversity in practice was inevitable. As political and financial circumstances varied between states so too did their eugenic programs. Introducing even more variability into the equation, the influence and actions of individuals (e.g. state governors and directors of institutions) and courts could have remarkable effects upon sterilization policy within and without a state. Thanks to the Human Betterment Foundation and Birthright surveys a comparison of the various state programs can be made for the years after 1930. Prior to that time the periodic surveys and studies by eugenics advocates such as Harry Laughlin and J.H. Landman offer only intermittent snapshots of the programs. Even with this data, the historian is bereft of important demographic information that might shed light on the development and evolution of the different states’ eugenic agendas. For these reasons, piecing together the available statistics on the nascent compulsory sterilization programs is of great importance and yet exceedingly difficult. Currently state administrators seem willing to issue blanket mea culpas for the actions of their predecessors, yet resist opening their files to historians for fear of opening a Pandora’s Box of litigation. Michigan’s Department of Community Health has issued such a blanket apology, but resists efforts to view their files. The department hides behind 192 “concerns” of patient confidentiality, finding this excuse judicially preemptive of investigators’ efforts with Freedom of Information Act requests. Unless and until this situation changes the history of eugenic sterilization in the United States will remain obscured by bureaucratic intransigence on these issues. For the time being the best that can be done is to survey the available demographic information in conjunction with what relevant anecdotal evidence exists to sketch the general patterns of such programs. The first program of eugenic sterilization began not as a state sanctioned program at all, but as a “medical intervention.” In 1899 a nineteen year-old inmate of Indiana’s J effersonville Reformatory approached the institution’s physician with a rather unusual request. The young man, who masturbated from four to ten times daily, sought castration as a means of ending an obsession that contemporary physicians, believed responsible for a range of ailments including dwarfism, idiocy, rotting teeth, tuberculosis, early death and a general decline of the human race. In his sections on the degenerative effects of the “secret vice,” Kellogg at least included all, but rotting teeth in his 1890 health guide entitled, Mn Facts for Old and Young: Embracing the Natural History and Hygiene of Organic Life.l Dr. Harry Sharpe instead performed a vasectomy, which within three weeks according to the doctor, led to the cessation of masturbation and hence to improved I Kellogg, John Harvey. Plain Facts for Old and Young: Embracing the Natural History and Hygiene of Organic Life. (Burlington: I.F. Senger & Co., 1891), http://etext.lib.virginiaedu/modeng/modengO. browse.html, 1995, Pg. 119, Kellogg noted the “reproductive act is the most exhaustive of all vital acts. Its effect upon an undeveloped person is to retard growth, weaken the constitution, and dwarf the intellect”; Pg. 280, The vice causing “no end to the nervous affections to which the sufferer from this vice is subjected. Headaches, neuralgias, symptoms resembling hysteria, sudden alternations of heat and cold, irregular flushing of the face, and many other affections,. . .Epilepsy. -- This disease has been traced to the vile habit. . .. Dimness of vision, arnaurosis, spots before the eyes, with other forms of ocular weakness, are common results of this vice.”; Pg. 282, “That solitary vice is one of the most common causes of insanity.”; Pg. 183 -- If the practice is continued uninterruptedly from boyhood to manhood, imbecility and idiocy are the result. Demented individuals are met in no small numbers in hospitals and asylums. . .who owe to this vice their awful condition.” 193 health and school work. Encouraged by these results, Sharpe operated on seventy-six inmates by the end of the year without accident or unfavorable symptoms. It was then that Dr. Sharpe received an epiphany, “it occurred to me that this would be a good method of preventing procreation in the defective and physically unfit.”2 Dr. Sharpe thus became an advocate of compulsory sterilization and persuaded the institution’s superintendent, W.H. Whittaker to introduce a eugenic sterilization bill before the legislature in 1905. Though the first bill died in committee, a second proposal in 1907 gained the legislature’s approval and Governor J. Frank Hanly signed it into law. The statute required the sterilization of confirmed criminals, idiots, imbeciles and rapists in state institutions when recommended by a board of experts.”3 The bill proved to be of limited effectiveness, particularly outside of the Jeffersonville institution. With Governor Thomas Marshall’s inauguration in 1909, the law became essentially a dead letter when the governor notified the “authorities at Jeffersonville not to continue sterilization, otherwise he would take steps to see that the law was declared unconstitutional.”4 In the meantime, Dr. Sharpe had performed over four hundred fifty vasectomies upon the inmates there. Of these 118 were performed under the law’s aegis in 1908, while those previous to the statute’s passage were presumably voluntary and/or medically necessary. The law allowed at least seven Indiana institutions to perform such operations though most secondary sources note that only two sterilizations were performed outside of the Jeffersonville reformatory. In fact, Laughlin received a letter in 1921 from Dr. 2 Haller, Mark. Elmenics: H_ereditarjan Attitudes in American Thought. (New Brunswick: Rutgers, University Press, 1963). Pg. 49 3 Haller. Pg. 50 ‘ Laughlin. Harry. Eugenical Sterilization in the United States. (Chicago: Chicago Psychopathic Laboratory, 1922). Pg. 63 194 George Bliss of the Indiana School for Feeble-Minded Youth in Fort Wayne attesting to the fact that they had performed more than the two generally cited.5 Governor James Goodrich favored sterilization and so informed the state’s institutions in 1920. In May of that year the law went before the Supreme Court of Indiana and was declared unconstitutional as a violation of the Fourteenth Amendment. Thereupon, Indiana’s second sterilization hiatus began, ending in 1927 with the passage of a new statute. In 1931 the legislature enacted a third law as a step towards extending the procedures to the general community.6 Though Landman’s 1932 survey claimed only 120 sterilizations performed under the aegis of these latter laws, the 1930 HBF survey recorded 120 vasectomies and three salpingectomies. The Human Betterment Foundation’s 1933 survey showed that in the three succeeding years, Indiana sterilized another thirty-nine men and fifty-five women.7 By the end of 1935 Indiana had sterilized 438 people within the statute’s provisions not including the earlier operations performed by Sharpe prior to enactment of the statutes. Of these, a little over four hundred or 92% were upon the feebleminded. N inety-eight percent of the two hundred and sixty-five men sterilized had a diagnosis of feeblemindedness, while only eighty-two percent of the women were so categorized. At this time, Indiana began sterilizing inmates in its institutions for the insane and women comprised a disproportionate eighty-six percent of this total. By the following year, the state’s institutions for the insane nearly doubled the number of patients they sterilized, but attained a more equal gender distribution by sterilizing nearly eight times as many men as in the previous year. For the first time the 5 Ibid. Pg. 63-64. Bliss stated in February 1921 that, “we have sterilized one girl this summer and will operate on another this week. We performed a few operations in 1908 just after the law was passed”; Landman, J .H. Humafiterilization: The Histog of the Human Sterilization Movement. (New York: The Macmillan Company, 1932) Pg. 56, 231; Haller. Pg. 49-50 195 insane made up the majority of asexualizations performed in a year comprising fifty-eight percent of the total (111).8 The rate of sterilization in the state slowed somewhat during the war years but rose immediately afterwards to an all time high of 192 procedures in 1946. While the numbers would hardly ever again reach half this figure another trend emerges from this peak year, the feeblerrrinded comprised ninety-two percent of the total. With the remarkable exception of 1952, when seventy-eight percent of those sterilized were categorized as insane. On average the feebleminded would make up ninety percent of the sterilized population throughout the middle part of the decade. From then on an increasing propensity to sterilize the insane coincided with reduced numbers of sterilizations on the feebleminded to provide a more equal distribution between the two categories, but while the male and female feebleminded had been sterilized in equivalent numbers throughout this latter period of the state’s eugenic project, this was not so for the insane. For the last eight years where survey data is available, among the insane selected for sterilization, women made up eighty percent of this number. This ratio indicated a kind of gender discrimination not so negative as it might at first appear. Two advances in treating the mentally ill conspired to increase the number of women sterilized. With the advent of new drug therapies, patients became more manageable and the likelihood of parole increased. Dr. Sharpe had first popularized vasectomy at the turn of the century as a means of altering behaviors associated with hypersexuality and thus the procedure was often used on patients considered unmanageable within the institutional setting, rather than as prelude to parole. By mid- 6 Landman. Pg. 54-56 7 HBF “Operations for Eugenie Sterilization.” Sterilization Statistics. SWHA 1930, 1933 196 century this contention became less tenable and as new drugs made patients in general more manageable the indications for male sterilization decreased. The intermittent nature of many manic-depressive disorders meant that these sufferers had always been more likely to be paroled, women in particular. Drug therapies increased these numbers and sterilization as a eugenic condition of parole meant that women would be sterilized in greater proportions in consequence.9 Indiana’s eugenic sterilization program resembled Michigan’s in many ways. Though beginning much earlier, it had suffered a decade long hiatus through the intervention of the governor rather than as a result of legal challenges in the courts. Yet in both cases the constitutionality of the law was questioned and eventually found wanting. Until these issues had been fully resolved in Buck v. Bell, sterilization remained a marginal means of achieving eugenicists’ goals. Though in numbers Michigan sterilized far more people than Indiana, more than fifty percent more than Indiana’s total, their proportions of the general population sterilized were about equal at 56.7 and 53.6 per hundred thousand respectively. This was not surprising in that their statutes bore a striking resemblance in who they labeled cacogenic. Institutional sizes and types paralleled each other and the population demographics were very Similar. They differed most in the gender disparity between who was sterilized. 8 HBF “Table of Sterilizations” Sterilization Statistics. SWHA 1936, 1937 9 Popenoe, Paul. Twenty-eight of Sterilization in California Pg. 12-13. Popenoe summarized contemporary opinion in noting that after age 25, women provided half again many manic-depressive than males. He explained this as a result of men’s higher rate (three to four times higher) of adult suicide and “the further fact that the burdens of marriage and childbearing bring about nervous breakdowns in many women who otherwise might escape them.” He noted that the first survey of California program found that of those sterilized in state (mental) hospitals, manic-depressives accounted for 17% of those sterilized with women accounting for 47%; the second survey found 21% and 37% respectively. Though his figures fail to jibe with the HBF totals of the period, this most probably reflects that most insane males were sterilized with a diagnosis of dementia. 197 ¢_ ‘1 In this sense Michigan’s program more closely resembled those of other Midwestern states, while Indiana’s program paralleled California’s experience of a nearly equal gender distribution. California was the second state to enact a eugenic sterilization statute and remained the largest program in the nation both in the Sheer number of cases but also as a proportion of the population sterilized. Through the first two decades of the laws Operation, the mentally ill accounted for more than two-thirds of California’s sterilizations. Popenoe explained this situation by noting the acute nature of psychiatric illnesses demanded more immediate attention than feebleminded cases as the former presented a more imminent threat to themselves and their society than the latter, particularly in the view of most citizens. For this reason claimed Popenoe, all states provided more institutional care for the insane, in California’s case more than three times as much. Despite the state’s provision for the insane, inmate populations routinely exceeded accommodations by forty percent. With the intermittent nature of manic- depressive illness and thus the increased likelihood of parole as a means of freeing up beds for more acute cases, sterilization as a condition of parole resulted in higher proportions of the operations upon the insane. At least this was Popenoe’s explanation, and presumably that of the state’s authorities as they “cooperated unreservedly” in both HBF studies and instigated the second survey.10 During the 19103 approximately two hundred people were sterilized each year. In what became a pattern of increasing tempo over the next two decades, forty-two hundred sterilizations took place in the twenties. Initially, nearly half again as many males as 1° Ibid. Pg. 1, 6-8, 13-17. Popenoe records that of the 4500 admissions to state hospitals for the insane 45% eventually returned to their homes, generally in less than one year. Based on a New York study, he assumed that only a quarter of these “actually represented a durable recovery.” He noted that “of very four 198 females lost their ability to procreate. By 1930 the gender ratio evened up reflecting an increased frequency in the sterilization of women inmates throughout the prior decade. Throughout the 19303, on average the state sterilized nearly seven hundred patients a year with feebleminded inmates making up a progressively larger fraction of the totals. While the feebleminded accounted for about 30% of the total through 1935, by 1950 they regularly represented almost 60% of those sterilized in a given year. The number of procedures declined throughout the immediate postwar period; by 1950, less than four hundred operations a year were being performed. In 1951, the last year when over two hundred sterilizations were performed, the feebleminded made up seventy-two percent of the total. A precipitous decline in California’s sterilization program throughout the latter half of the decade was matched by an even more drastic decline in the number of feebleminded sterilized.11 What emerges from an analysis of the California yearly totals as parsed by diagnosis, is that among the feebleminded proportionately more females were sterilized than males, about 20% more, conversely males represented 56% of the totals for the mentally ill category. In discussing the psychiatric inmates, Popenoe notes, “the largest number of patients is made up those suffering from dementia praecox (shizophrenia) .....the most incurable of any of the important types of insanity. . .” filling “more hospital beds in the US. than any other one disease, physical or mental.”12 What Popenoe and “first admissions” who were subsequently discharged, only one had been sterilized. Others are of an age when parenthood is improbable, or for some other reason are not likely to have children” ” Appendix C: Table of Sterilizations for Individual States, California Totals. The following examples are illustrative of the trends. The following show total number of sterilizations up to the cited year: 1921, 1,492 males/1,065 females; 1930, 3,636 males/3,151 females; 1941, 7,495 males/7.073 females; 1951, 10,093 males/9,605 females. The following Show the number of cases per year: 1945, 258 feebleminded out of 436 total operations, equaling 59%; for 1951, 198 of 275 = 72%; 1953, 21 of 39 = 53%; 1955, 10 of 27 = 37%; 1957, 4 of 23 = 17%. 12 Popenoe. Twenty-eight Yeara. Pg. 10-11. 199 presumably the state authorities collaborating in the study failed to spell out was why so many of the insane were sterilized, particularly as a large proportion of these (i. e. the incurable shizophrenics) were unlikely candidates for parole. Popenoe asserted that, “more than one half of the men and one-third of the women sterilized in California state hospitals, were diagnosed as suffering from dementia praecox.”13 The focus throughout the study was on the cost to society, fiscal and otherwise, of incarceration/segregation and procreation of future generations of defective offspring. Thus sterilization prior to parole took pride of place in that it obviously accomplished the latter and permitted a lessening of the cost of the former through parole of the inmate population. Since parole of the schizophrenic inmate was unlikely, and the inheritance of the full-blown disease by Popenoe’s own accounting equaled only ten percent of progeny, one could reasonably infer these procedures represented attempts to alter behavior of the permanently institutionalized males. With advances in treatment of manic-depressive disorders in the 19503, increasing numbers of sterilizations upon mentally ill women probably represented increasing parole rates among manic- depressives, a diagnosis where women represented half again as many cases as males. For physiological reasons noted earlier, among the feebleminded population, males exhibited more severe forms of mental deficiency and higher levels of inherent sterility. Thus, feeblenrinded women were more likely to be paroled (possessing generally less severe manifestations of mental deficiency) and to be sterilized in greater numbers for this reason and in consequence of their lower levels of inherent sterility. Furthermore, Popenoe remarked, feebleminded males were “unable to compete with ‘3 lbid. Pg.ll 200 fiflL u.-. .._ _ more normal, aggressive, and economically competent men for the available women.”l4 Popenoe’s statement mirrored Vaughan’s contention that feebleminded women constituted the most serious and insidious eugenic threat as they were much more likely to procreate than their male counterparts. California’s predilection to sterilize more women than men because of the greater likelihood of their parole is the most consistent theme across all state programs. California differed most in the large numbers of males sterilized; compared with other states this disproportionate number of sterilizations reflected external eugenic (i.e. paroled patients) and internal behavior management (i.e. institutional) concerns. The latter cases can be further divided into two related conduct modifications, one a eugenic concern and the other one of conduct adjustment. In cases where institutional segregation proved ineffective in precluding sexual encounters, sterilization could be termed eugenic whereas procedures carried out to modify behavior per Dr. Sharpe were only collaterally eugenic. In states where statutes were interpreted to allow sterilization only in cases of parole or where segregation was demonstrably ineffective male sterilization ratios could be expected to be lower. As a corollary of California’s high rate of sterilization vis a vis the general population, states with similarly high rates per the general population and with similar gender ratios should have had comparable distributions. In effect, elevated numbers of procedures upon mentally ill women would follow initially higher ratios of sterilizations upon feebleminded females as new treatments made the formers’ parole '4 Ibid. Pg. 33. Irnportantly for understanding the authorities eugenic intentions in States with largely rural populations, Popenoe elaborated on where “feebleminded males figure most conspicuously as family men in isolated areas populated largely by their own kind.” He went on to present several anecdotal studies to back up these claims. 201 more probable. Similarly, Delaware like California sterilized a larger proportion of its general population than any of the other states and also maintained a nearly equal gender distribution. By 1949 as California’s program went into decline, Delaware surpassed California in operations per hundred thousand of the general population. Delaware, which enacted its first sterilization statute in 1923, had sterilized 141 people by the time of Landman’s 1932 study, of which one hundred three were men. The statute was modified in 1929 to bring it in to greater accord with the important court decisions of the decade though it had never been challenged. According to Landman, reluctance to enforce the law for fear of its being declared unconstitutional resulted in few operations prior to the 1929. Subsequent to the modification of the law, the number of operations increased dramatically.” While the state averaged only twenty-three operations per year through 1928, by the end of 1929 the 1930 HBF survey recorded a total of 278, or a stunning 137 operations in 1929. Though this increase probably reflected only a problem in accounting, subsequent HBF data showed a near doubling in the yearly rate of sterilization through the 19303.16 Unfortunately, the HBF surveys did not include a breakdown by diagnosis until 1936. At that time, a little over fifty percent of cases were '5 Landman. Pg. 82-83; Though an additional amendment passed at the same time allowed for the sterilization of criminals, HBF surveys show no such sterilizations took place. The female sterilizations occurring under the category of other most likely represented operations upon epileptic women. Why epileptic women and not men were selected remains a mystery. Vaughan and Popenoe’s surmise regarding the greater opportunities of women to form sexual unions than their similarly afflicted male counterparts endures as the most likely explanation. '6 Landman. Pg. 82; Appendix C: Table of Sterilizations for Individual States, Delaware Totals; The disparity in the numbers recorded in the Landman and HBF surveys mirror the problems evident in other states in accounting for operations prior to the judicial clarification/validation of such statutes in the Buck v. Bell case. Since the HBF surveys transpired in an era when the highest court in the land had validated such laws, their authenticity should probably be assumed over prior survey data. In effect, fears of judicial 202 categorized as insane with three times as many males as females having been sterilized in this population. Conversely, two times as many women had been sterilized among the feebleminded population. By 1940, sterilization of the insane population ceased, though procedures upon the feebleminded population continued at least through 1963, the last year for which HBF data exists. While the yearly gender ratios became more equivalent in the later decades of the program, the propensity to sterilize feebleminded women remained consistent. Unfortunately, in terms of proving the hypothesis regarding changing sterilizations ratios related to treatment of the insane, Delaware ceased sterilizing the insane in 1940. These two states with the highest number of sterilizations in terms of the general population showed that sterilization of the insane, predominantly upon males demonstrated essentially non-eugenic efforts to modify behaviors in the early decades of such programs while those upon the feebleminded reflected more eugenic concerns regarding the parole of inmates. Those states with the highest proportions of sterilizations per the general population and whose programs were more actively pursued subsequent to the decline of the California and Delaware programs revealed agendas which more closely matched eugenic goals with results. Virginia enacted its first statute in 1924 and upon the US. Supreme Court sustaining the constitutionality of the law in 1927 proceeded to implement a program second only to California in terms of the numbers sterilized and as a proportion of the challenge may have been responsible for less than complete disclosure before the validity of the laws was affirmed. 203 general population.17 By 1929 Virginia had sterilized 368 people, a number it nearly tripled within the following three years. Through the 19503, the state would sterilize on average 180 patients a year. In Virginia the insane population made up about eight percent less of the total number of sterilizations than in California (for 1936: CA = 68%, VA = 60%), but like the latter this proportion decreased over time. Virginia also displayed a dissimilar gender ratio than California with 1.6 times as many women sterilized (women = 61% of total). Compared with many other states though this ratio is much more equal and thus similar to the California experience. Initially, women accounted for about 65% of the total sterilizations performed upon the insane though after 1950 the proportion increased to 75%. In effect, the likelihood of a female patient’s being sterilized increased drastically, from 1.6 to 3.1 times as many women as men. Like California, the increased likelihood of an insane women’s sterilization reflected advances in the treatment of manic-depressive diseases and the consequently heightened chance for parole. Unlike California though, the percentage of feebleminded patients sterilized showed greater variation as a proportion of the total number of operations per year. Their percentage of yearly operation ranged from a low of forty-one percent through a high of ninety-six percent. Overall they would account for forty-eight percent of the 1963 total as compared to California’s thirty-seven percent. This difference results from the earlier implementation of the California program and the consequently higher number of the insane sterilized initially. ’7 HBF Surveys Show changing rates of sterilization per hundred thousand of general population over time, but though Delaware’s program held the record for 1949, this statistical record was eventually usurped by programs operating over greater spans of time, first by Virginia then by North Carolina. 204 By 1936, California had sterilized 10,801 people, more than half the total number operated upon, while Virginia had only sterilized 2,386 or thirty-three percent of its total. In 1936, the insane accounted for sixty-eight percent of the sterilizations, but by 1963 this had dropped to only fifty-eight percent. Virginia’s insane accounted for sixty percent of their total in 1936, but by 1963 this proportion had declined to about fifty percent. In effect, as treatments for the insane became more efficacious in the 1950s to divergent processes occurred which worked to increase the number of women sterilized and yet lowered the overall proportion of sterilizations performed upon the insane. More successful treatment made this population more manageable in the institutional setting, particularly the males, and lowered the overall number of sterilizations. Since women were more likely to be paroled and thus sterilized, progressively fewer males were sterilized and women’s proportions of the sterilized insane increased. Because these shifts occurred at later stages in the two programs, we would expect to see an overall decrease in the insane populations of both states but greater in Virginia’s case. Likewise, Virginia’s proportion of sterilized mentally ill women should be proportionately higher than California for the same reason, in effect differences in the most active periods of both programs. Indeed, this is what the totals reflect with women accounting for fifty percent of the total sterilizations upon the insane while Virginia women registered sixty-one percent. Since no great advances in the treatment of the mentally deficient occurred during the history of either program, the gender ratios of these patients should have remained approximately equal while their proportion of the total population increased. While a wide range of variation in per year totals occurred throughout these programs, 205 women overall made up about sixty percent of the total number of those sterilized in any five-year period. One other group of people suffered the loss of their reproductive powers though they comprised a small number of the total number of sterilizations. Sterilizations of epileptics were often categorized as “others” in the HBF surveys when they were differentiated from the feebleminded or insane categories. In Virginia they accounted for about two percent of the total, though sterilization of this group did not begin until 1945 and had effectively ceased by 1960. The gender ratios were equivalent as would be expected in a population differentiated solely on the basis of epilepsy. Though epilepsy is slightly more common among males, many of these would have been subsumed under the categories of insane and feebleminded as they were collateral to these processes. California’s total included 808 operations classified as other in the HBF surveys, only ten of that were performed on women. Because this constitutes four percent of California’s total and thus twice as many as Virginia, this category probably includes some operations on the epileptic, but most likely refers to procedures performed upon those convicted of various sex crimes. Over seven hundred operations thus categorized first appear in the 1944 HBF survey, subsequent to a prior 1941 HBF survey indicating some 560 such operations not included in the overall numbers ostensibly as they were “voluntary.” A reasonable inference is that these were later determined to be not so voluntary as earlier presumed and consequently included in subsequent surveys without further explanation. 18 ’8 HBF Surveys, 1941, 1944. Sterilization Records. SWHA. The HBF surveys specifically state that the category of “others” usually refers to epileptics, though other categories of Sterilizations may be included in this number. 206 California and Virginia provide the best examples of what fully-implemented programs would have looked like based on the higher percentage of Operations performed. What begs explanation is the diversity in the proportions of men and women sterilized in other states. In some cases, the disparities can be resolved by a comparison of the laws. States whose laws only allowed for the sterilization of more restricted categories, such as either the insane or feebleminded should reflect different gender disparities over time. Laws, such as Michigan’s that expanded the categories of those to be sterilized would also show such differences further attenuated by when the new policies were implemented. Yet the variations in the programs were much greater than could be explained by these vagaries in the laws and their implementation. North Carolina’s program, like many of those in the Southern states, began much later than the others just discussed and in some ways mimicked the latter programs and in others did not. The state originally passed a sterilization statute in 1919, but failed to enforce it for fear of failing the constitutional test. With the Buck v. Bell decision, state lawmakers enacted a new law in 1929 and somewhat cautiously proceeded to implement it. By 1936 they had sterilized forty-six people, thirty-six of who were women. Three years later the number had risen to 292, eighty-two percent of them women. Through the first decade of the law’s operation, approximately one hundred patients a year were sterilized. This number would double in the forties and triple in the fifties. The state continued to sterilize over two hundred patients a year through 1963 when the survey data set ends. North Carolina provides a picture of what a fully implemented program looked like when continued into the 19603. The states proportions per hundred thousands of 207 population came to equal those of the other programs discussed and thus represents by my definition a “fully implemented” eugenic agenda. In some ways the North Carolina program bears out prior assumptions arising from the analysis of the California, Delaware and Virginia programs and in others Shows a remarkable divergence. Initially the proportion of insane in the totals was much less than for any of the other states comprising only twenty-four percent of the totals with males making up only half or less of this number. From 1936 to 1950 women would be 2.7 times more likely to be sterilized. After 1950 the probability for women increased to 3.1 times that for men. Because the North Carolina was much slower to start and far fewer men had been sterilized in the earlier period (i.e. as means of behavior modification prior to the 19503) their percentages among the insane population and their contribution to the overall proportion of the insane so treated were less than in the other states. Yet the disparities were so great in this category that they indicated some other process. Overall, eighty-three percent of sterilizations performed in North Carolina were upon women. The feebleminded accounted for fully seventy percent of the totals and women made up eighty-six percent of this total. The HBF category of “others” which accounted for slightly over five percent of the total likewise contained a disproportionate number of women, seventy-six percent. Because of the large number of women included in the latter category, it most likely represented those afflicted with seizure disorders (rather than males convicted of sex crimes). In 1949, Moya Woodson, an Englishwoman with an interest in eugenics, availed herself of an invitation to survey North Carolina’s program. Woodson was assisted in her endeavors by the Institute for Research in Social Science at the University of North 208 Carolina and obtained “full-cooperation” of the Eugenics Board of North Carolina.19 Woodson toured state facilities and sent survey material to numerous state agencies in an effort to ascertain the breadth of the program and to develop suggestions for further implementation. Ms. Woodson completed her survey before North Carolina’s program reached its apogee some five years later when over three hundred sterilizations were performed a year. Her study not only explained the contemporary situation in the state, but also most likely influenced its subsequent development. She arranged for a questionnaire on sterilization practice to be sent out jointly by the Eugenics Board and the Commissioner of Public Welfare to all one hundred County Superintendents. She received ninety-five replies, which showed a wide range of practice throughout the state. More than half of the county welfare departments had not initiated any sterilization requests even upon patients in public institutions. Yet by 1947, county welfare departments throughout the state had instigated proceedings upon 688 non-institutionalized individuals (615 females, 73 males). This meant that county welfare agencies had arranged for the sterilization of thirty-seven percent of the state’s total number of sterilizations. The feebleminded accounted for six hundred twenty-seven of these sterilizations, or over half of the sterilizations upon the feeblerrrinded. Woodson noted that most '9 Woodson, Moya. Sterilization in North Carolina; A Sociological and Psycholog'cal Study. (Chapel Hill: University of North Carolina Press, 1950) Pg. ix-x; Reilly. The Surgical Solution. Pg. 126, 133-135. Woodson was invited to study North Carolina’s program by Dr. Clarence Gamble, heir to the Gamble soap fortune and an advocate of compulsory Sterilization. Dr. R.L. Dickinson of Birthright, Inc. solicited Dr. Gamble’s help in Birthright’s efforts to expand its eugenic agenda throughout the country. Dr. Gamble contributed generously from his fortune and personally toured the Midwest throughout the forties advocating compulsory sterilization and establishing over twenty sterilization clinics in Michigan, Indiana, Iowa, Nebraska, Kansas, Missouri and Florida. In 1945, he sponsored extensive intelligence testing in Orange County North Carolina, which showed three percent of the county’s children were mentally defective. AS a result of the survey, the North Carolina Eugenics Board agreed to hire a sociologist, Woodson, to conduct a study of the state’s program. 209 departments were favorable towards eugenic sterilization and the departments’ responsibility for distributing Federal A.D.C. payments allowed “many feeble-minded or borderline defective women [to] become known to the local welfare departments.”20 The county welfare departments maintained responsibility for implementing sterilization requests for all those “feebleminded, epileptic and psychotic persons” in their jurisdictions. The questionnaires showed another 625 cases currently “reported as suitable for petitions to be filed if no difficulties stood in the way.” The principal holdup in pursuing these cases was a lack of funds and procedural difficulties. “In order to obtain quicker action. . .it has become the practice in some countries[sic]-though frowned upon by State officials-to arrange for therapeutic sterilizations which can be put through with considerably less formality.”21 Woodson elaborated further, “in the nature of things, exact figures are difficult to obtain. It appears that some sterilizations are not primarily recorded as such, or the operation is incidental to an obstetric procedure or major gynecological repair.”22 This situation mirrored those of other states, most notably in Michigan. These types of operations revealed that disparities in the gender ratios were probably even more skewed than the official figures indicated. It is difficult to get a grasp on the number of these operations, but the following anecdotal evidence provided some measure of their significance. The head of the obstetric department in one teaching hospital estimated that more than 200 women had had a bilateral tubal ligation performed on his service alone; another semi-private hospital (in a town of 64,000 population) furnished a list of 58 sterilizations on white 2° Woodson. Pg. 40—42 2‘ Ibid. Pg. 44 22 Ibid. Pg.49 210 women which had been done during the previous two years. The questionnaire circulated to county welfare departments contained an item relating to participation in therapeutic sterilization (See question 3.), and the reported number of such cases over a 5-year period was 546. The total of eugenic sterilizations in the departments during a l9-year period was 688. In one rural North Carolina county where an intensive Study of mental cases was carried out during 1946, 59 sterilized women were located of whom only 36 had gone through the Eugenics Board. This situation, whereby a large proportion of sterilizations are unofficially arranged on mixed physical socio-economic grounds, is being paralleled in other parts of the State.23 As with Michigan, the actual number of sterilizations performed on mixed grounds of medical and/or eugenic necessity could increase the numbers by fifty percent or more. Woodson’s research demonstrated several reasons for the greater number of women being sterilized in the state. Like elsewhere, Woodson found that indications for male sterilization differed from those for females. The best indicator for male sterilization remained behavior modification rather than as a condition of parole. Perhaps the most disturbing statistic from the North Carolina hospitals was that involving the sterilization of black men at the Goldsboro State Hospital for Negroes, where twice as many males as females were sterilized, particularly as nearly fifteen percent of the total were castrations. These figures differ markedly from those of any other institution and from the near absence of black staff at this hospital one could infer white Southemer’s fear of black males’ sexuality might be operative in the selection of cases. 24 In that so many operations took place outside state facilities and the state’s welfare departments usually instigated such requests, those individuals who came under 23 . Ibid. Pg. 49 2" Ibid. Pg. 27-28, 30-32. After conferring with the medical superintendent and Staff at the Dix Hill facility, Woodson noted that the sterilization of males was generally opposed and only considered “in the case of 211 their scrutiny, usually recipients of ADC payments, bore a disproportionate probability of becoming a target of the state’s eugenic agenda. Poor white women with illegitimate children made up the bulk of this group. There was a belief that white illegitimacy in particular stood as a marker for diminished intellectual capacity and that the state’s county welfare agencies possessed a great deal of information on who comprised this group. Furthermore, as a consequence of a dearth of available birth control methods many such women were not particularly adverse to sterilization.” After the release of Woodson’s report the number of sterilizations continued to rise in North Carolina and remained above two hundred a year throughout the period for which data is available. It can be assumed that her findings guided the future of the program and that substantial numbers of sterilizations went unreported, but that many of those reported were less than compulsory. In researching the question of racial disparity, Woodson noted that folkways in the Negro communities of North Carolina precluded many women from seeking such operations as a means of birth control, yet that “Negroes-do not have any feeling that the sterilization program is intended to reduce their numbers of their race or that such motives are present in the minds of white social workers and administrators.”26 Far fewer operations on a per capita basis were performed on Afiican Americans in North Carolina than on whites. One welfare administrator noted that the differences in attitudes reflected a tendency to find more resistance among the uneducated, and more of the Negro clients the male patient permanently institutionalized and a trouble-giver, where the operation would make him easier to handle. It is also thought justified in very low-grade idiots who manifest unsuitable sexual traits. 25 Ibid. Pg. 40-45, 63-70, 79-86. Woodson noted further that illegitimacy in the Negro population was held to be less of an indicator of feeblemindedness in that their folkways and local custom did not hold marriage in the same regard as among the white population. 212 are uneducated proportionately.” He clarified this further stating that “any difference found is basically a matter of educational level rather than race,” a view corroborated by other social workers.27 Because the state provided far less funding for institutions serving the black community’s mentally deficient and ill populations, the potential for sterilization in this group was considerably reduced in that institutional requests were that much more unlikely. The general disparity in funding black institutions meant that black men and women throughout the South were less likely to be considered a eugenic problem, particularly because a major factor in determining eugenic costs had always been the financial costs associated with the maintenance of dependent groups. Taken with the fact that ADC payments at this time were largely directed to rural whites, the welfare departments’ surveillance remained focused on whites rather than the blacks. This and differing views on the meaning of illegitimacy in the two groups meant that black women in particular would be less apt to fall prey to the state’s eugenic concerns. Men in general eschewed sterilization. Woodson asserted that, “men everywhere are going to take the same resistant attitude to proposals for operations on themselves. We saw that psychic fears were general, not related to education, residence or social class.”28 Due to these attitudes sterilization whether voluntary or compulsory was much more likely to be performed on women than men, particularly those performed outside of the institutional setting. The “psychic fears” of men in general for themselves and their fellow men probably led to the disprOportionate number of men and women sterilized, 2” Ibid. Pg. 86—87. Woodson notes that race relations in the Upper South were quite different than those in the Deep South and that the attitude of Negroes there, “to the program might contain more of distrust and hostility.” 2" Ibid. 85-86 213 particularly in the South where the concept of manhood stood in perhaps an even more exalted position than in other parts of the country. In the development of other sterilization programs throughout the South, similar patterns emerged. In West Virginia, another Border South state, the program likewise started relatively late and resulted in disproportionate numbers of women sterilized. West Virginia began sterilizing inmates in its institutions in the mid-19303 and ceased operations in the mid-19503. More than five times as many women were sterilized, nearly half of these classified as feebleminded and thus likely candidates for parole. Almost a quarter of the total number of procedures fell into the “other” category and probably reflected operations upon the state’s epileptics. The remainder of the total, categorized as insane, comprised another quarter of the operations performed before 1950. In both of the latter categories women’s chances of being sterilized were ten times that of men.29 The Deep South states generally demonstrated patterns exacerbating the trends in the more northern Border States. All of the Deep South states promulgated sterilization laws in the wake of the Buck v. Bell decision though Louisiana and Florida never enacted such legislation. In the initial excitement to establish statutes, poorly developed support led to the defeat of such legislation in the Florida and Georgia legislatures. The latter state eventually passed a law in the 19303, but in Florida it became a joking matter. Louisiana and Mississippi became the focal point for attempts to pass legislation in the 2‘ Ibid. Pg. 65-70. 96 29 Appendix C: Table of Sterilizations for Individual States. West Virginia. 214 late twenties. A strong Catholic opposition managed to stalemate the eugenicists’ efforts in the former while Mississippi legislators accomplished their task in 1929.30 Though Alabama passed a sterilization law in 1919, few people had actually been sterilized under its aegis. After the 1929 Buck v. Bell the state began its program in earnest and sought further legislation. The law was rendered inoperative in 1935 following an adverse Supreme Court decision regarding efforts to expand the program through new legislation. The first statute precluded sterilization of the insane and all procedures were performed upon feeblerrrinded. By 1932 the state’s sole institution for the mentally retarded, the Alabama Home had sterilized 129 inmates prior to parole, half of these women. The following year the home’s director broadened the policy to include “some of the delinquent boys who we fear night escape.”3 1 The institution practiced a strict sexual segregation and a hard and fast rule regarding sterilization prior to parole. Director Partlow stated, that this practice allowed for a liberal discharge policy without endangering society, as patients would “not be released except on condition of sterilization. . ..on account of the fact that the children of the feeblerrrinded would themselves certainly be feebleminded.”32 The Alabama state home as the state’s sole facility for the feebleminded needed a liberal discharge policy as recent surveys placed the number of those needing institutionalization at over 7,000 while the home had been 3° Larson. Pg. 105-107, 115-125. Larson surmised that by the 1930s, increasing Florida tourism had led to a more cosmopolitan attitude in the state compared to its neighbors resulting in decreased support if not increased derision regarding such legislation. 3' Appendix C: Table of Sterilizations for Individual States. Alabama; Larson, Edward. Sex Race and Science: Eagthics in the Deep South. (Baltimore: Johns Hopkins University Press, 1995) pg. 105-107 32 Larson. Pg. 106. Partlow subsequently asserted that “We have made no exceptions except for profound idiots in whom we regard from mental deficiency and malformation no possible chance or reproduction.” 215 built to accommodate only 160 patients.” Why women were not paroled at a greater rate remains a mystery, particularly when compared with the rates of parole for other states. Mississippi passed its first statute in 1928 along with legislation tripling the size of the states institutions for the mentally ill and feebleminded. The onset of the Great Depression resulted in a dearth of funding, allowing only the completion of some building projects associated with the institutions.34 Bureaucratic problems further complicated efforts to sterilize the inmate population and not until the mid-19303 when the states economy began to improve did operations begin to take place. Of the Deep South states, Mississippi’s program would eventually become one of the most extensive, resulting in 27.3 operations per hundred thousand of the general population, more than six times the ratio for Alabama. Just as the Alabama program ceased, Mississippi’s began. Eighty-eight percent of the operations took place in the state’s two hospitals for the insane. Not until 1936 had any of the feebleminded been sterilized though over three hundred of the insane had received such treatment. Financial resources for the institutions for the insane had been assigned to ongoing efforts to improve the facilities, leaving little for sterilization programs. In both the mentally ill and mentally deficient populations women were three time more likely to be sterilized. Sterilizations virtually ceased in the late 19403 with a three-year revival occurring in the fifties.35 Though Mississippi’s institutions were racially segregated, the separation for the insane was accomplished by ward rather than institution, which was commonly the case elsewhere in the South. In these institutions, black and white mentally ill patients ’3 Larson. Pg. 66-67, 81—84, 90, 139-152 3‘ Landman. Pg. 91; Larson. Pg. 106-107, 115-121 216 received equal access to sterilization. The state’s institution for the feebleminded excluded African Americans up to 1968 and Governor Theodore Bilbo, who championed eugenic sterilization, concentrated his efforts on the feebleminded, which resulted in roughly equivalent numbers of sterilizations for both races.36 Both Georgia and South Carolina eventually passed sterilization laws in 1935, but neither began implementing their programs until much later. Georgia, officially the last state to enact such laws, proceeded to sterilize far more patients than any other Deep South state both in absolute terms and per capita. Through the 19403, around one hundred sterilizations a year occurred while this figure would more than double in the next decade. Initially, surgery was much more likely for women than men, but this changed in the late fifties when increasing numbers of both insane and feebleminded males went under the knife. Despite this, feebleminded women remained 1.5 times more likely to be sterilized. Through the 19503, insane men increasingly found themselves the target of eugenic sterilization, eventually accounting for forty-six percent of the sterilized insane.37 Racial discrimination in applying the law seems not to have occurred for several reasons. Like many other southern states, most of the state’s institutions were segregated with inmates of each race living in separate facilities. Since the focus of sterilization practice occurred in state facilities, a general lack of appropriations for such facilities for the state’s black citizens meant that fewer would come under the state’s scrutiny and thus escape surgery. Also many of the eugenics advocates in 19303 Georgia represented 35 Appendix C: Table of Sterilizations for Individual States. Mississippi. 3° Larson. Pg. 122-123 37 Appendix c: Table of Sterilizations for Individual States. Georgia. 217 reformist attitudes associated with the New Deal and vociferously abjured any such discriminatory racial practice.38 South Carolina, whose program did not begin in earnest until the 19403, sterilized eleven times more women than men. Forty-one percent of its total suffered from mental illness while the remaining fifty-nine percent were categorized as mentally deficient. The state had one of the lowest per capita rates of sterilization with only 4.2 per hundred thousand of the general population. Yet in every category women made up over ninety percent of those sterilized.39 For reasons similar to those in other southern states (i.e. lack of institutions for African Americans), few of the states’ black citizens came under the state’s eugenic scrutiny and thus most sterilization procedures were performed upon whites. Also, because few of the costs associated with the maintenance of dependent people were associated with Southern blacks, the population remained of marginal interest to those eugenicists primarily concerned with reducing public expenditures. In sum, the scarcity of sterilizations upon black citizens reflected more a lack of interest in their eugenic welfare than efforts to preclude discrimination against their reproduction. Following the Buck v. Bell decision, he rush to implement eugenic programs or to expand nascent ones continued throughout the country. In the Northeast, few States could compare with the Delaware program’s high per capita rate. Most had put their programs in abeyance with the demise of the New Jersey and New York programs. New Jersey’s law failed the constitutional test with in months of passage and New York’s poorly conceived efforts resulted in a total of only forty-two operations, though as usual women 3“ Larson. Pg. 136-139 39 Appendix C: Table of Sterilizations for Individual States. South Carolina. 218 comprised a disproportionate number. Efforts continued in both states throughout the late twenties and thirties to promulgate legislation more in line with current judicial guidelines, but opposition particularly from the Catholic Church precluded the eugenicists’ success.40 New Hampshire, which had first enacted a statute in 1917 (amended in 1921 to allow for a legal guardian’s consent in place of the patient’s), allowed for sterilization only with patient consent up until 1929 when taking advantage of the Buck v. Bell decision the state enacted a compulsory statute similar to those in other states. By the end of the year over sixty people had been sterilized, only four of who were men. Based on operations per capita, throughout the thirties the state had one of the more aggressive programs in the country. By the 1936, when the HBF surveys began to include breakdowns by diagnosis, the insane accounted for fifty percent of the operations, with women making up eighty- six percent of this group. Mentally ill women would continue to comprise the majority of cases, eventually accounting for ninety percent of sterilizations performed on the insane. Though the practice essentially ceased by the time it was recorded, sterilization of epileptics, categorized as “other” in the HBF data sets, was entirely female, comprising sixteen percent of those enumerated in 1936. In the mid-fifties the sterilization of mentally ill women increased reflecting their increased opportunities for parole, tapering off by the end of the decade along with sterilizations in general. Feebleminded patients, who comprised about a third of all sterilizations through the mid-thirties, made up the bulk of procedures after this period. Initially, women were ‘0 Landman. Pg. 64-66. No application of the New Jersey was ever recorded and of the forty-two operation in New York only one was performed upon a man. 219 three to four times as likely to be sterilized, and though by the mid-forties this had changed to a more equitable distribution, women would still account for over two-thirds of the operations in this group. Like other programs with high per capita numbers, New Hampshire’s program showed that insane and feebleminded women were much more likely to be sterilized, presumably as a condition of parole. Because the indications for male sterilization (behavior modification and parole) occurred less frequently, they never exceeded twenty-five percent of the total.41 Like New Hampshire, Maine’s 1925 sterilization law allowed for eugenic recommendation for the procedure but required patient consent. A 1929 amendment allowed for consent to be given when the patient was deemed incompetent, but not until 1931 would the state enact a statute authorizing compulsory sterilization. Until that point in time, only twelve operations had been performed, half on women. Through the thirties the state’s surgeons sterilized about twelve to fifteen patients a year, mostly the feebleminded, but also a significant number classified as “other” in the HBF surveys. The insane comprised 5-10 percent of the totals, but these operations essentially ceased by the end of the war with women accounting for three-quarters of the procedures upon the insane. By this time, women, presumably epileptics, comprised all of those listed as “other” and contributed another thirty-five percent to the state’s totals. The feebleminded made up to seventy percent of the totals, with women comprising 70-80% of this group. Sterilizations on this group continued into the 19603, probably as a condition to parole.42 4‘ Appendix C: Table of Sterilizations for Individual States. New Hampshire. Even in 1949, when the state’s program had gone into decline, Sterilizations per hundred thousand still came to 113.4, a figure surpassed by only six other sates at that time, most of whose programs had just swung into high gear; Landman. Pg. 79-80 ‘2 Landman. Pg. 90-91; Appendix C: Table of Sterilizations for Individual States. Maine. 220 Vermont was even more reticent than the latter two Northeastern states in that she did not pass a sterilization statute until 1931 and even then the law was completely voluntary, eugenic to the extent that recommendations were made by state officials and the state bore the cost of the operations. A total of thirteen insane, twelve of whom were women, were operated upon between 1937 and 1941, with no further operations in this category occurring after this date. Three years later sterilizations upon the epileptic group also ceased with women comprising two-thirds of this group. By 1947, the state stopped virtually all sterilization of inmates. The feebleminded made up over eighty percent of Vermont’s total of 250 operations, with women again comprising a disproportionate two- thirds of the total for all sterilizations and for those among the feebleminded population. Even though procedures could only be performed with the consent of the patient or their guardian, sterilization as a condition of parole provided a strong incentive in gaining the patients’ cooperation. In that two years after sterilizations had ceased, the state’s 69.9 procedures per hundred thousand still placed behind only ten other states, the program could be considered reasonably successful by eugenicist’s standards.43 Connecticut began a program of compulsory sterilization more than a decade before its other Northeastern neighbors, enacting its first statute in 1909. Initially, the law applied only to inmates in the state’s prison and hospitals for the insane, but by 1919 the statute had been amended to include feebleminded residents of the Mansfield State Training School and Hospital. In the first two years of the law’s operation, twenty-seven patients in the state’s hospitals for the insane had been sterilized though only five were men. A decade later, over 200 patients had endured the state’s scalpel, only seven of ‘3 Gallagher, Nancy. Breeding Better Vermonters: The Eugenics Proiect in the Green Mountain Stata. (Hanover: University Press of New England) Pg. 122-126, 171-172, 176-177, 185-186; Landman. Pg. 93; 221 these were men. By the end of the 19303 the state’s total would have doubled to over four hundred, and women made up ninety—four percent of the total. Women on average comprised eighty-seven percent of the totals, in both the mentally ill and deficient categories throughout the course of the program. Though Sterilization of the insane had practically ended by 1945, small numbers of feebleminded patients continued to go under the knife through the early 19603. Sterilization as a condition of parole for the feebleminded remained a consistent trend throughout essentially all state programs. Even with its long head start on its neighbors, by 1949, the state ranked 20th in terms of per capita sterilizations demonstrating to eugenicists a fairly ineffective program. Two western states vied for last place in per capita sterilizations though both programs continued to authorize such procedures through the late 19508. Arizona enacted a very broad statute in 1929 in the wake of the Buck V. Bell decision, but hesitated to utilize it for at least two years. Initially the law was applied only to the insane, with men and women accounting equally for the twenty procedures. The surgeries essentially ceased in 1936, with only one procedure performed every five or six years thereafter. All of the operations performed after 1936 were on women, and in 1956 eight sterilizations were performed, five of which were on feebleminded women. This largest group of sterilizations in the state ended the program with no further operations occurring thereafter.44 Idaho, which enacted its first statute in 1925, proved even more reticent in applying its rather encompassing law. In 1929, though no operations had yet been performed and consequently no legal challenges encountered, the state amended its Appendix C: Table of Sterilizations for Individual States. Vermont. ‘4 Landman. 92-93. Appendix C: Table of Sterilizations for Individual States. Arizona. 222 statute to bring it into greater accord with the results of the Buck v. Bell decision and was immediately challenged on several points. In 1931 the states’ Supreme Court upheld the law and implementation proceeded anon. Initially, like Arizona, the insane made up the vast majority of cases (85%) though operations on this group ceased by 1936 with women accounting for eighty-three percent of the total. N 0 further operations took place through the next two decades, but in the mid-19503 the state more than doubled its previous total in four short years. The feebleminded made up the entire latter group of operations and feebleminded women accounted for three-quarters of these. Only a few sterilizations were performed after this, all upon women.45 The numbers in both of the latter states were so small in absolute and per capita terms, that they could contribute little to understanding what agenda the state or its officials were pursuing. The pattern of sterilizing far more women than men was common throughout most states’ programs. Their self imposed hiatuses, broken in the mid-19508 reflects a general resurgence in smaller programs at that time though the reasons for this remains unclear in light of the fact that most all of these operations were performed on feebleminded inmates rather than on the insane. Nine other Western states had rather vigorous programs, all but one enacting laws in the teens and twenties. North Dakota and Kansas led the way in 1913, followed by Nebraska in 1915, Oregon and South Dakota in 1917 and finally Montana and Utah in 1923. Through the teens and twenties these states were reluctant to enforce the laws, with good reason. Oregon’s law was challenged within two years, found “repugnant to the ‘5 Landman. Pg. 84-86. The Board of Eugenics v. Troutman (Idaho 1931) was one of the last court challenges of such laws following Buck v. Bell and was considered instrumental in settling the remaining legal points not directly adjudicated in the 1927 US. Supreme Court decision; Appendix C: Table of Sterilizations for Individual States. Idaho. 223 Fourteenth Amendment” and not replaced until 1923. In the wake of the Oregon law’s demise, several states amended or reenacted statutes throughout the period preceding the Buck v. Bell decision?6 Though sterilizations took place before the Buck v. Bell decision, only Nebraska and Oregon proved truly aggressive in implementing their eugenic agendas. By 1921 the Nebraska had sterilized over 155 individuals, more than half of them men. At the time this gave Nebraska one of the highest per capita ratios in the nation. Oregon followed closely with 127 operations performed by 1921, but more closely paralleled other states predilection for sterilizing more women than men. With the 1927 US. Supreme Court decision this all changed rapidly with the states rushing to bring their statutes into compliance.47 Nebraska began sterilizing more women than men through this period though maintaining a more equitable distribution than many states. The state’s program followed the general pattern of states such as California with large programs in that the numbers of procedures dropped following the Second World War only to increase again in the 19503. Unlike the pattern in California though, the vast majority of the latter operations were upon the feebleminded, with the insane accounting for several operations in only the first two years of the decade.48 Oregon, which notably had included 66 castrations in its earliest accounting to Laughlin (subsequently left out of the states responses to HBF and Birthright), proceeded to routinely sterilize some eighty patients a year through the 19303, decreasing the ‘6 Landman. Pg. 66-89; Laughlin. Pg. 69, 74, 88, 90; Appendix C: Table of Sterilizations for Individual States. 47 Appendix C: Table of Sterilizations for Individual States. Nebraska, Oregon; Landman. Pg.66-89 ‘8 Appendix C: Table of Sterilizations for Individual States. Nebraska. 224 number of operations through the 19408. The number of procedures increased again in the 19508 though the insane rarely accounted for twenty-five percent of the yearly total. The feebleminded made up sixty percent of the totals with women generally accounting for Sixty percent of the operations, though epileptic women were twice as likely to be sterilized within their cohort. Sterilizations continued throughout the remaining years for which Birthright compiled data and left Oregon with the third highest per capita ratios in the nation.49 North Dakota’s per capita numbers placed it fifth in the nation by 1949, when the program seemed in decline, only to surge forward again in the 19508. Like Oregon the feebleminded made up sixty percent of the states totals with women accounting for sixty- two percent of the operations. But unlike Oregon and Nebraska, the state paralleled the California program’s increasing focus on sterilizing insane women as a condition of- parole in the 19508.50 Competing with its Sister state to the North, South Dakota ranked sixth in per capita numbers by 1949, though the feeblerrrinded made up a disproportionate ninety-five percent of the state’s totals. Women comprised sixty-four percent of this number and since so few sterilization were performed on the mentally ill (23 out of 789), they contributed little to the minor resurgence of the program in the 19508. The program was most active in the 19308 nearly doubling the number of sterilizations performed every three years.51 Utah, which by 1949 had attained ninth place in per capita ratio, also concentrated on sterilizing the feebleminded (85 %) though women and men were sterilized in nearly ‘9 Appendix C: Table of Sterilizations for Individual States. Oregon. 50 Appendix C: Table of Sterilizations for Individual States. North Dakota. 225 equal numbers (males 310, females 350). Unlike most states, with the end of the war and the return of the state’s institutional physicians, the number of procedures increased dramatically. Apparently revulsion for the eugenic practices of their recent Nazi enemies had not affected the doctors’ mindsets. After two years of performing three to four times as many operations as had been done in the past, the numbers declined only to undergo a resurgence of the program in the early 19508. Like the California model, the insane accounted for a significant proportion of the increase with insane women accounting for all of the operations in this cohort. Yet by 1952, all operations on the insane ceased and feebleminded men became more likely to be sterilized than ever before in this later phase of the program. Montana most closely resembled Nebraska’s program in the first years of implementation sterilizing more men than women (20 out of 35) and increasingly demonstrating a predilection to sterilize women thereafter. The insane accounted for only sixteen percent of the state’s totals and operations on this cohort essentially ceased with the end of the war. Feebleminded women remained throughout the program two to three times more likely to be sterilized than men demonstrating the usual preference for paroling women on the condition of prior sterilization. The program ended in the mid- 19508 with women accounting for well over two-thirds of the operations.52 In 1931, Oklahoma became the last state in the Union to enact compulsory sterilization legislation. The state made up for its tardiness with alacrity in last years of the 19308, sterilizing an average of eighty patients a year. By the end of the war, sterilizations had virtually ceased, yet in less than a decade the State had placed itself far 5' Appendix C: Table of Sterilizations for Individual States. South Dakota. ’2 Appendix C: Table of Sterilizations for Individual States. Montana; Landman. Pg. 82 226 ahead of the other latecomers in per capita terms. The initial decline represented the loss of institutional physicians in the war years, followed by a near total cessation after their return. Operations on the insane represented slightly more than half of the total, with women accounting for seventy-five percent of the insane and seventy-eight percent of the feebleminded. For the short period when its program was operational, its totals reflect the general trends in the region and nation as a whole.53 Kansas, one of the first states to enact such laws, provides the major exception to the foregoing trends. By 1930, the state had sterilized over 650 people, making it second only to California in terms of absolute numbers and per capita sterilizations. Though well over three times as many women as men had been sterilized by 1920, the situation reversed itself within a decade with men making up nearly two-thirds of the totals. The insane comprised more than two-thirds of those sterilized, and men made up almost 60% of both the insane and feebleminded cohorts?4 The original Kansas statute made it mandatory for the “managing officers and surgeons in charge of all state institutions” to recommend sterilization for those inmates deemed unfit to procreate. Failure to do so was punishable with a $100 fine and a month in jail. Any other sterilization performed outside the aegis of the law was subject to a $1000 fine a year in jail or both. Subsequent repeal and replacement of the law in 1917 maintained the obligatory nature of the law regarding recommendations and the ban on other sterilizations.55 5" Appendix C: Table of Sterilizations for Individual States. Oklahoma. Only three sterilization were performed after 1944, all upon insane women in the 19508. Because the sample is so small it is difficult to say this reflected the increasing possibilities for parole in this group; Landman. Pg. 93-94. 5" Appendix C: Table of Sterilizations for Individual States. Kansas. ’5 Landman. Pg. 68-69 227 To a large degree, the state’s high rate of sterilization resulted from the statutes’ provisions on reporting the eugenic standing of the state’s inmates. The high incidence of sterilization upon the male insane probably reflects concerns of patient management (i.e. behavior modification) though rather than simple eugenic indications. Following the Kansas Supreme Court decision in State v. Schaejfer (Kansas:1928) upholding the statute, the number of procedures skyrocketed, going from about one hundred year in the late twenties and early thirties to nearly two hundred-fifty a year in 1936.56 In the feebleminded cohort, males made up almost sixty percent of the operations, quite the opposite to almost every other program in the country. Only among epileptics did women outnumber men, and even then by not nearly the ratio seen in other states. Since sterilizations essentially ceased after 1951, it is impossible to say whether changes in the probability of parole for mentally ill women in the 19508 would have altered the state’s agenda. It seems from Landman’s commentary that parole outside the institution did not figure prominently in the decisions, but rather parole from segregated wards, again reflecting a different set of patient management concerns. This could to some degree explain why so few women were sterilized as compared to contemporary programs, in that many of the sterilizations performed in other states upon borderline defective women seeking parole or those at large recommended for the procedure may actually have reflected procedures more or less willingly submitted to as means of birth control. With the provisions of the Kansas statute specifically precluding such operations, the Kansas numbers may provide an insight only vaguely intimated in the University of Michigan’s correspondence with the HBF, but more clearly outlined in Woodson’s study. 5° Ibid. Pg. 69; Appendix c: Table of Sterilizations for Individual States. Kansas. 228 In effect, many of the sterilizations performed on women in other states were for birth control purposes with feeblemindedness providing a convenient legal justification. The programs in the three Midwestern states of Wisconsin, Iowa and Minnesota resembled Michigan’s situation. In each state three or more times as many women as men were sterilized and the majority of operations took place in institutions for the feebleminded. Only in Iowa, the first of these states to enact such legislation (1911) did the numbers of the mentally ill come anywhere close to equaling those of the feebleminded. And Iowa was the only state in the upper Midwest to sterilize more men than women. Like California, Iowa began sterilizing far more of the insane than the feebleminded, a trend that continued through mid-19508. Of this group men comprised the majority of cases through the prewar period with the number of recommendations for salpingectomies increasing markedly thereafter. The most prolific period for the state’s surgeons occurred in the early and mid-19508. But even though the female mentally ill were much more likely to be sterilized, probably as a condition for parole, the feebleminded often made up over two-thirds of cases in this period. In this cohort women had always comprised the largest number of sterilized patients, varying from two to nearly five times the number of men. Even among the I-IBF category of “others,” generally specifying epileptics, women outnumbered men two to one and there is some reason to believe that the relatively high number of males in some years probably indicated the sterilization of those found guilty of criminal sexual conduct rather than male epileptics. Iowa’s sterilization rate abated somewhat in the early sixties, but continued throughout the period for which data was collected?7 57 Landman. Pg. 61-64. Though Iowa’s law was challenged on several occasions and found unconstitutional twice, the state legislature proceeded to enact new legislation time and again. The state’s long commitment 229 Wisconsin enacted its first sterilization legislation in the same year as Michigan (1913), and like Michigan sterilized more than three times as many women as men. But there the similarities stop. Only nine sterilization were performed upon the insane and none of these until 1951. Though the states program Started at the same time as Michigan’s the state was much more reticent in invoking the law even after the Buck v. Bell decision. The state would sterilize around half the number Michigan had though most of this difference could be attributed to Michigan’s more aggressive stance in the early years as well as the inclusion of the insane, though they comprised only eleven percent of Michigan’s total. Wisconsin continued to sterilize inmates throughout the period for which data was available, albeit in smaller numbers than Michigan.58 Minnesota, which had not passed a sterilization statute until 1925, by 1930 equaled Michigan’s total of 388, and though it fell behind in absolute terms, in per capita numbers the state topped Michigan by nearly 20 per hundred thousand of general population, a very aggressive program by eugenicist’s standards. Minnesota, like Michigan, sterilized over three times as many women as men and similarly over seventy— five percent of these sterilization were performed on the feebleminded. Most sterilizations upon the insane occurred early in the program and the likelihood of salpingectomy far outweighed that of vasectomy. Since sterilizations on the insane slowed appreciably in the 19508, though most were still more likely to be upon women, little could be discerned relative to the agendas of the larger programs (e. g. California’s policy of increased possibility of parole for mentally ill females). The feebleminded to compulsory sterilization was unusual in the Midwest peaking as it did in the 19508 when most other Midwest states had begun to abandon such programs; Appendix C: Table of Sterilizations for Individual States. Iowa. 58 Appendix C: Table of Sterilizations for Individual States. Wisconsin, Michigan. 230 comprised eighty-two percent of Minnesota’s totals, with epileptics apparently suffering no such reproductive restraints as were practiced in Michigan.59 Interstate variations abounded throughout the period of active sterilization programs. Much of the variation had to do with the different time or demographic frames in which the programs experienced their greatest growth or decline. In effect, programs whose populations differed significantly or that began early or started late during different lifecycles of the eugenics and patient management debates sometimes reflected this fact accordingly (e.g. policies in North Carolina versus California, two programs whose heydays occurred at distinctly different times and whose populations were essentially different). At other times this was not the case and specific regional variations exemplified the differences (e.g. the general reluctance to sterilize white males in the Southern states). Regional variations sometimes compounded differences in time and demographic frames and further compounded the problems of comparative analysis by inducing specifically local problems into the picture. For example, Mississippi’s recurring financial problems in funding its institutions were compounded by the lack of physicians to carry out its otherwise aggressive plans. Problems in accurate reporting and classification of operations plague anyone seeking to discern state agendas, and only vague hints suggest that North Carolina’s policy of liberally allowing female sterilization under the law’s aegis may have actually amounted to state funded birth control effort among the rural poor; a situation that the University of Michigan’s hospital’s HBF responses also hint at though less straightforwardly. The Kansas statistics, because of the compulsory compliance in ’9 Landman. Pg. 89-90; Appendix C: Table of Sterilizations for Individual States. Minnesota. 231 reporting requirements, also suggest that many sterilizations in states with exceptionally high ratios of female to male sterilization, might also reflect this phenomena. Likewise, underreporting, as evidenced in the U. of M. hospital’s HBF responses and those of North Carolina’s state hospitals in the Woodson study, indicates that a large number of operations were never reported. How many sterilizations were performed remains a mystery, and even more so how many were actually of a compulsory nature. In a time when birth control methods, particularly for women, were restricted or unavailable, sterilization statutes may have provided many poor women with a singular opportunity to gain some control over their reproductive processes. It is instructive to note that Birthright Inc., the daughter of the New Jersey Sterilization League (a group dedicated to compulsory sterilization), by the 19708 had evolved into the Association for Voluntary Sterilization. Margaret Sanger’s advocacy of sterilization laws held them as beneficial not only in the eugenic sense of precluding the reproduction of those unable to properly ascertain their abilities to care for children, but also in the context of women seeking to gain reproductive autonomy. America’s experience with compulsory sterilization statutes took in a wide range of variation in keeping with the diversity that epitomized the states that propounded such agendas. Whatever anyone may think of such laws, the variation at least was in keeping with America’s most cherished values. Sterilization remained largely within a local context. In most other nations with such laws, national perspectives tended to predominate over local preferences. Since responsibility devolved more closely to home in America, the citizenry could said to be more accountable for these actions than elsewhere, where federal governments took responsibility for implementing such laws. 232 Chapter Eight: The International Context: Eugenics Promoting Sterilization While the formulation and implementation of compulsory sterilization laws within the United States showed a wide range of variation, the diversity found in the international context was even more pronounced. The reasons for such differences lay in the wide variety of cultural, political and scientific belief systems held throughout the world. Eugenicists throughout the world often proclaimed their field to be a science, which implied a standard set of beliefs based on an accepted body of knowledge. While this was hardly the case in the United States, it was even less so overseas. Many adherents to the “science” of eugenics not only interpreted it as including almost any program leading directly to an increase in the number of those termed “well-bom,” but also to programs perceived as benefiting society through improvements to the next generation’s living standards. Thus proposals not directly related to issues of heredity, but rather to public health, education or even national defense were labeled as eugenically positive efforts.1 The principal reason for the wide range of programs deemed “eugenically” beneficial revolved around the question of the malleability of the germ plasm. In the first three decades of the new century, the Lamarckian view, though largely discredited in the industrialized nations of the West, maintained a large following in those nations with a decidedly Catholic heritage and in the emerging Soviet Union with its focus on the ’ Robbins, Emily. Ex. Sec. Proceeding of the Thirtgace Betterment Conference. (Battle Creek: Race Betterment Foundation, 1928); Davenport, Charles. Eugenics, Genetics and the Family: Second International Congress of Eugenics. (Baltimore: Williams and Wilkins Co., 1923). Efforts labeled eugenically beneficial to society included: immunization, immigration restriction, worker safety, physical fitness education, rural health care, general nutrition, prohibition, benefits of sunlight, reforms in educational and medical practices. 233 behavioralist construction of the new Soviet man. Though the reasons for adherence to a neo-Lamarckian interpretation of heredity varied, the single most important point for most of its supporters was their opposition to the biological determinism inherent in Mendelian genetics. For those nations where the majority of educated middle classes accepted the Mendelian perspective and the determinism inherent in this philosophy, local eugenicists often found governments and electorates amenable to ideas of social engineering through selective breeding. These nations tended to be predominately Protestant in faith, rapidly urbanizing and socially advanced in the promulgation of laws for the care of society’s dependents. Like the United States, these nations developed extensive legislation for the education and welfare of children, but also for the care and maintenance of society’s adult dependents. The Scandinavian countries of Norway, Sweden, Finland and Denmark provide the most startling parallels to the American experience with compulsory sterilization laws. By the end of the nineteenth century, these nations had undergone profound transformations in their social, political and economic situations. Rapidly industrializing, commercializing and urbanizing, they also had undergone deep political transformations in the political accommodations reached among government, business and the trade union movements. By the turn of the century, reformist social policy was becoming the order of the day as Social Democratic political parties came to dominate the political landscape.2 With relatively homogeneous populations, the Scandinavian countries’ experience with sterilization laws lacked the racial element that in retrospect seemed so elemental in 2 Broberg, Gunnar & Roll-Hansen, Nils. Ed. Eugenics and the Welfare State: Sterilization Policy in Denmark, Sweden, Norway and Finlaad. (East Lansing: Michigan State University Press, 1996) Pg. 1-8 234 the sterilization policies of their neighbor Germany. But like the German and American experiences with reform of institutional care for society’s wards, the elaboration of public responsibility resulted not only in a growing number of institutions, but a perception that the numbers of the dependent population were increasing in a dramatic way. Without race as a complicating factor in the analysis of why so many people supported or at least refrained from opposing such policies, the Nordic countries provide insights into the essentially reformist nature of mainstream eugenics. Scandinavian eugenics efforts afford a remarkable series of parallels to the American model. While Scandinavian eugenicists were influenced by subsequent events in Germany, the impetus for their programs derived from the American experience. The first eugenic sterilizations performed were in institutions without the benefit of direct legal sanction. Edwin Hedman, the head of the Bertula institution for the mentally retarded in Finland carried out vasectomies on his patients as early as 1911. Following the reasoning of Indiana’s Dr. Sharp, Hedman would elaborate in 1915 that the operations served not only a eugenic purpose but also reduced the sexuality of the patients making them more manageable. Shortly thereafter, the head of a Danish institution for the mentally retarded submitted the first formal application for a eugenic sterilization, which though it was denied, provided an opening for the question in governmental and medical circles.3 As was the case in the US, prominent physicians and experts in related fields, particularly Specialists in the care of the socially dysfunctional, were instrumental in influencing the public and government in adopting eugenic measures. In the Sixth Nordic 3 Ibid. Pg. 13 235 Conference on the Welfare of the Handicapped in 1912, Dr. Hedman addressed the conferees on the importance of eugenics and was supported by the Finnish psychiatrist A. Bjorkrnan who maintained that sterilization provided the only effective prophylactic against a threatening increase in the number of the mentally retarded. The Finnish professor Georg von Wendt put forward a resolution appealing for eugenic legislation, support for eugenic research and commitment to the cause" Even earlier, a young Danish physician, Bodil Hjort visited several American insitutions, most notably the Vineland institution where Henry Goddard had done his pioneering research on the hereditary nature of feeblemindedness. Hjort, affected by her exposure to the more advanced practices of some American institutions, brought back to her institution and colleagues a new perspective on the etiology and management of the mentally retarded. The importance of these types of international connections in eugenicists’ efforts appears evident in that articles by and about Goddard subsequently appeared in the Danish professional journal Nyt Tidsskrift for Abnormvaesenet, and Goddard’s works figured prominently in Danish eugenics discussions over the next few decades. New works in Danish and translations of other eugenics tracts such as August Forel’s The Sexual Question worked to popularize eugenics throughout the second decade of the century.5 In this decade, several Danish professors, physicians and politicians became active promoters of eugenics. Denmark’s leading anthropologist, Soren Hansen attended the First International Eugenics Conference returning a devoted follower and popularizer “ Ibid. Pg. 19-20 5 Ibid. Pg. 19-23 236 providing numerous lectures and articles for periodicals and daily newspapers. Wilhelm Johannsan, Denmark’s expert in genetics and a effective critic of positive eugenics, became increasingly an advocate of negative eugenics and in 1923 joined the Permanent International Committee on Eugenics. By 1924, he had joined the Danish commission then considering castration and sterilization legislation.‘5 ’ In 1922, the Danes passed their first eugenic legislation, a maniage law restricting legal unions between mentally retarded persons. When the first Social Democratic government took office in 1924, K.K. Steinecke the secretary of justice and a strong advocate for eugenics, arranged for a commission to consider sterilization legislation. The commission’s report issued in 1926, called for sterilization of the mentally retarded in institutions and castration for sexual offenders whose sexual appetites seemed so strong or abnormal as to indicate recidivist tendencies. Like many such bills in the US, the issue of criminal sexual conduct would figure prominently in much of the Scandinavian legislation.7 Political complications unassociated with eugenics or sterilization led to a delay in passage of a law, but in 1929 the Danish parliament gave final approval to the law. Minor opposition to the law appeared in the 1928 debates on the legislation, but 6 Ibid. Pg. 24.26; The Danish pathologist, Oluf Thomsen introduced human genetics into the medical curriculum and worked with the Rockefeller Foundation to establish research into genetics and eugenics at the university level. The psychiatrist August Wimmer, initially a skeptic with regard to eugenics, eventually became a strong adherent and with Thomsen served on the medico-legal council which influenced not only the formulation of eugenic legislation, but also engaged in the decision making process regarding individual sterilizations. The influence of the Rockefeller Foundation on the development and funding of eugenics programs throughout the West was substantial, though seemingly indirect. 7 Ibid. Pg. 26-37; Steinecke had originally proposed such a commission in 1920, which had achieved substantial support from a somewhat unusual source. The parliament had received a petition with 100,000 signatures from the Women’s National Council seeking some permanent means of neutralizing the perceived increase in the number of sexual offenders. Castration was mentioned as an alternative to permanent incarceration. The Social Democrat Vilhelm Rasmussen had pr0posed sterilization legislation as early as 1915, but his eccentric nature and his party’s minority Status in the government prevented any serious consideration at the time. 237 represented only a very small group within the Conservative Party and was principally directed against the portions of the law dealing with castration. Similarly to Michigan’s 1929 statute, the law made no distinction between violent sexual offenders and other types of “sexual deviants.” Among this latter group were homosexuals and exhibitionists, categories, which would remain in the revised law of 1935 and several of whom would be sterilized under this legislation in subsequent years. The 1929 law served as experimental legislation in that it had a sundown of five years. Its revision in 1935 was preceded in 1934 by a complex and comprehensive statute dealing especially with the mentally deficient. Mirroring the expanding nature of such legislation in the US. and Germany (in terms of responsibility for reporting and who was subject to such operations), this law promulgated by K.K. Steinecke, who now served as minister of health and welfare, mandated the commitment of the feebleminded and held teachers, medical officers and other social authorities responsible for reporting cases of suspected mental deficiency. The law covered two indications for sterilization within this population: an inability to raise and support children and/or the facilitation of the patient’s release from an institution. The law modified the prior legislation by allowing operations on minors, procedures on patients not currently inmates of institutions and by doing away with consent from mentally retarded patients.8 Upwards of 90% of Danish sterilizations were performed under the aegis of this law. But in 1935 the original 1929 statute was revised to include the mentally “normal” if it was in the “interests of society,” and of benefit the applicant. The law continued to 8 Ibid. Pg,. 364] Though the law contained no direct references to eugenics, the indications for mandatory confinement and thus release on condition of sterilization, referred to “a clear danger that they (the mentally retarded) might have children.” In this sense of the law, all mentally deficient children could be 238 include provisions for compulsory castration in some cases and put responsibility in the hands of the minister of justice acting on the advice of the medico-legal council. The latter change reduced the number of people reviewing such cases and effectively put the decision into the hands of the same people who had reviewed the prior law and promulgated the revised version. In their (the medico-legal council) review of the earlier statute, the authors suggested that schizophrenia, certain types of epilepsy and particular hereditary neurological diseases, such as Huntingtons chorea be included as indications for sterilization. Though they also would have liked to include hereditary blindness and deafness in these indications, an awareness of popular disdain prevented their inclusion. Demonstrating the continuing focus on sexual crime and cost-benefit analysis in taking eugenic decisions, the council preferred sterilization of psychopaths, alcoholics and habitual criminals of normal intelligence, particularly in extreme cases of psychopathy where hypersexuality was indicated “by the existence of several illegitimate children supported by society.” The inclusion of such socially dysfunctional elements in most negative eugenic legislation throughout the West seems to have served to engender greater public support than might otherwise have been the case.9 During the five years following the passage of the 1929 statute, only 108 people were sterilized, 90% of whom were mentally deficient and would in the future be covered under the Mentally Handicapped act of 1934. More than four times as many women as men were sterilized in this period. With passage of the 1935 statute the number of sterilized patients rose to 1,380 with nearly two and a half times as many women as men going under the state‘s knife. This bias continued throughout the laws’ use. During the forcibly confined from the onset of puberty and then sterilized in that it might facilitate their release, all without their consent. 239 war years, though Denmark was occupied by German forces, collaboration of the Quisling government with the Nazi occupiers left the Danish government an effectively free hand in administering its laws up until the final year of the war. In this period, Denmark sterilized an additional 740 patients, 460 of whom were not categorized as mentally deficient. Through 1950, 57% of sterilizations were performed on indications of feeblemindedness, the rest fell directly into categorizations of hereditary taint or the other more nebulous distinction of “being in the interests of society.” Not until 1959 would the compulsory provisions of the Mentally Handicapped Act of 1934 be revised.10 In formulating and revising their later laws the Danes had examples to follow not only from the North American states and some of the Swiss cantons where compulsory sterilization laws existed, but from other Nordic countries. In 1934 Norway passed its first sterilization legislation followed in 1935 by Sweden and Finland. Sweden, among the Scandinavian nations, demonstrated the most comprehensive eugenics program particularly in terms of compulsory sterilization. Sweden’s swift transformation from a rural agrarian economy to an industrialized urban society transformed a culture governed by traditional Lutheran values into one dominated by a secularized modern lifestyle. The modernization of Swedish society focused on economic growth, urbanization, political democratization, increased social planning and improving standards of living. Social efficiency in achieving these goals, which necessitated increased social complexity and diversity, conspired to bring about a 9 Ibid. Pg. 41-43 '0 Ibid. Pg. 58-63; Revision of the compulsory aspects of the law mainly concerned the compulsory removal of children from their homes and placement in institutions and secondarily the consequent sterilizations that took place there. Adverse publicity arising from cases of late-developers being released from institutions subsequent to sterilization and then reclassified as normal led to some dissatisfaction with the law. In 1941 an inquiry was held, but not until 1954 would appeal to the regular courts be possible. 240 general sentiment “that society had reached a stage where old solutions and old morals no longer applied.”11 In 1909, the Swedish Society for Racial Hygiene was founded in Stockholm. Swedish physicians, anthropologists and geneticists formed the core of the eugenics movement in Sweden. Unlike the Danish eugenicists who were generally allied with the International Eugenie Committee, the Swedish society aligned itself with the German dominated Internationale Gesellschaft fur Rassenhygiene. This relationship demonstrated a similar concern for racial threats perceived by the Swedes and their German counterparts. Swedes had long considered themselves a bastion for European and particularly Lutheran society against the threat from the barbarians of the East. These beliefs recurred in numerous Swedish writings celebrating their Nordic racial heritage. Concerns with the problem of emigration and a belief in the racial distinctiveness of the Sami and Gypsy minorities conspired to evoke a remarkably racialist tone in a relatively homogeneous population.12 In 1918, Fritiof Lennmalm of the Royal Caroline Institute of Medicine proposed the foundation of Nobel institute for race biology. By a slim majority the bill failed, but in 1922 the first state institute for race biology was established in Uppsala under the direction of Herman Lundborg. Lundborg, a psychiatrist by training, had established the transmission of myoclonus epilepsy as an example of a Mendelian recessive trait through a historical genealogical analysis of archival materials. Lundborg had solidified his Criticism of the law even after the horrors of the Nazi regime’s use of the 1933 German statute did not effectively contribute to the debate on the Danish laws. “ Ibid. Pg. 77- 81 ’2 Ibid. 81-91; In a nation of some six million, a substantial Swedish emigration accounted for nearly one million people in the decades around the turn of the century. Though the Sami and Gypsy minorities comprised a very small segment of the population, the Gypsies in particular were ostracized as racial outcasts and threats to the Swedish race. 241 standing as Sweden’s most dedicated if not eminent eugenicist by this research and his efforts to promote the science. Lundborg’s postwar studies concentrated on the Sami and problems associated with miscegenation. Lundborg’s concerns with miscegenation were shared with some of his American counterparts. He collaborated with S]. Holmes at Berkeley and with Charles Davenport of the ERO at Cold Springs Harbor in planning to establish institutes for research and propaganda in Central America and South Africa. To promote eugenics in Sweden, Lundborg arranged for series of public lectures to be given from 1922 onwards. His German colleagues figured prominently in these presentations. In 1924 Eugen Fischer, director of the Berlin Institute for Racial Hygiene and rector of the University of Berlin appeared, followed in 1925 by Fritz Lenz, co-author with Ernst Baur and Fischer of the internationally recognized standard textbook on eugenics.l3 The foundation of Lundborg’s institute coincided with the Social Democratic psychiatrist Alfred Petren’s introduction of the first sterilization bill to parliament. Though this bill failed passage, discussions related to its passage revealed that a few sterilizations on eugenic grounds had been performed, the first as early as 1906. Some doctors wishing to keep such decisions a strictly medical matter, claimed that a law was unnecessary and would actually retard what eugenic progress was being made by introducing politicians and jurists into the decision making process. In the intervening thirteen years before passage of Sweden’s first sterilization law, two doctors performed ‘3 Ibid. Pg. 88—91; The book, Grundriss der menschlichen Erblichkeitslehre und Rassenhygiene (Principles of Human Heredity and Race Hygiene) was considered a standard text and cited by Adolf Hitler as a foundation of his political/biological philosophy. Lundborg supported the reintegration of German eugenicists in the international community following the First World War, reflecting the generally pro- German orientation of Swedish academics in this period. 242 and reported over fifty sterilizations for eugenic indications with no legal action taken against them.14 By 1934, advocates of a sterilization law founded their argument on the financial burdens imposed on society rather than on the direct hereditary benefits of “purifying the national stock.” Monies saved by preventing the birth of children who would one day become dependents of the state either through their own defect or that of their parents could be better spent on social programs benefiting the rest of society. This argument won out in the parliament and passage of the law led to immediate action.15 In the first five years, nearly 3000 people would be sterilized, a number comparable to Michigan’s total for a 40 year period in a population of roughly the same size. With the laws revision in 1941, the numbers would climb to over one thousand year, steadily increasing through the early 19508 when over two thousand sterilizations a year were performed. In the 40 years of the laws’ operation over 62,000 Swedes would be sterilized. Over 90% of these sterilizations were performed upon women. Initially, the vast majority of operations were performed on eugenic indications, in effect on the mentally retarded, who were the original object of the laws. Yet by the 19503, a clear reversal in the reasons given for operations had taken place with medical indications predominating. ‘6 “ Ibid. Pg. 97-103 '5 Ibid. Pg. 103-108; By 1934, it had become apparent to many eugenicists that the recessive nature of most hereditary disease made the elimination of undesirable genetic traits near impossible, or one commentator put it, “a Sisyphean task.” Measures to accomplish such as task would include sterilizing an enormous of the otherwise genetically healthy population, a labor unlikely to find a sympathetic public. '6 Ibid. Pg. 109-1 16; The steady decline in the numbers of patients recorded as mentally retarded probably shows that those liable to sterilization had already been sterilized in the first decade of the laws’ use. Sterilization of patients in this category continued throughout the next four decades but in declining numbers. This may also reveal a progressively more cautious attitude toward those late maturing individuals who might otherwise have been sterilized in an earlier period of the laws’ operation. 243 The medical indications in this latter period usually referred to “exhausted mothers” or “weak women.” Often times, women seeking abortion or other obstetrical procedures were granted the sought for procedure on condition of submitting to sterilization. This brings into focus the question of whether the law was voluntary in a meaningful sense to those who were legally competent. In the early fifties when medical rather than eugenic indications began to predominate, one out of four women applying for an abortion also had a sterilization, on average between 1000-1500 cases a year. Of all women sterilized in this period, from 60-70% had their sterilizations performed in conjunction with an abortion. There were some suggestions that some women were using abortion and sterilization as a means of birth control. Yet, Broberg and Roll-Hansen maintain that much of the disparity in categorization may be attributable to a transformation in labeling reflecting the supplanting of the eugenic with a sociomedical discourse. Ultimately, the figures show that sterilization laws were now being applied to a new category of people, women in social distress.l7 For the mentally retarded and thus legally incompetent, the law remained compulsory from beginning to end. The laws did not require their consent though they did disallow physical force. In cases of outright refusal, applications were forwarded and upon approval, the patient was impressed with the idea that the operation would be carried out in any event. The authorities sanctioned this method as it lay within the aegis of the law, though it would appear to violate the spirit thereof. Taken with the requirement of sterilization as a condition of parole from reform schools and institutions ‘7 Ibid. Pg. 120-124 244 for the mentally retarded, it seems that Sweden’s laws contained a large measure of compulsion.18 The Swedish sterilization program affected a far larger proportion of population than any other program currently known. Though the German program sterilized more people in absolute numbers in a far shorter period of time, Sweden’s continuing commitment even after the excesses of the German program were revealed at the end of the Second World War bespeaks an acceptance of policies of intervention in the reproductive autonomy of individuals incomparable in the history of compulsory sterilization. Norway’s experience provides an example of the use of an almost exclusively voluntary sterilization law, though eugenics formed the basis for its acceptance. In 1922, the Ministry of Justice set up commission for research into revision of the penal code and sterilization of the habitual sexual offender figured prominently in the agenda. The report of the committee, issued in 1927 contained a detailed review of Laughlin’s Eugenical Sterilizaftion, which with the propaganda efforts of Norway’s principal eugenicists became the foundation for a public discussion of a law’s merits. By 1934, the government had formulated a law allowing for voluntary sterilization upon the request of the individual or their guardians for “respectable reasons,” which at this time did not include birth control. The indications were for social or eugenic reasons, in effect, fear of hereditary defect or inability to care for children corresponded with the laws intent.19 From the law’s passage in 1934, about 100 Norwegians a year would request sterilization for themselves or for a dependent. Because statistics are not as complete as ‘3 lbid. Pg. 118-121 ‘9 Ibid. Pg. 151-176 245 for Sweden and Denmark, it is difficult to get a complete picture of the program, but it appears that at least for the period from 1945 through 1954 less than 40% of sterilizations were performed for strictly eugenic reasons, in effect, for patients suffering from mental retardation, insanity and epilepsy. From 80-90% of operations were performed on women in the period up to 1965, when this ratio decreased as more men sought the procedure apparently as a means of birth control, legitimated with the law’s modification in 1961.20 With the country’s occupation by Nazi forces in 1942, pressure by German Nazis upon the government of Vidkun Quisling to adopt a law more in line with German population policy led to the adoption of a law with compulsory features. The number of sterilizations increased to around 200 a year during this period, but the effect of the law is difficult to establish as the postwar figures from 1945-1954 increased to an annual - number of 283 even after repeal of the Nazi law in May 1945. The following decade witnessed even greater numbers of people availing themselves of the law with nearly 700 sterilizations a year being performed. Over 2600 sterilizations were performed on an annual basis in the ensuing decade with 38% of these being performed on men. It seems evident that sterilization was increasingly adopted as a means of birth control throughout the laws Operation as the mentally retarded, insane and epileptic provided a smaller and smaller proportion of those seeking the procedure.21 Norway’s experience demonstrates a high level of public consensus on the adoption of such laws with only one dissenting vote cast in parliament. The protections of the individual’s rights were the strongest of any such laws. Though guardians could apply 2° Ibid. Pg. 173-179 2' lbid. Pg. 177-185 246 for their dependent’s sterilization, these dependents were able to veto the procedure if they had attained or were thought capable of attaining the IQ of a nine year-old. Excepting the period of operation for the Nazi law, compulsion was never part of the Norwegian law. In 1977, sterilization became a matter of the doctor-patient relationship for all mentally competent individuals and the need to apply for permission from the government for the procedures remained only as a protection for the mentally incompetent. Finland provides an example of the most compulsory of sterilization laws enacted in the Scandinavian countries. In 1934, after several years of public discussions led largely by the professional classes associated with the care of the mentally ill and feebleminded, the parliament passed a law which called for the sterilization of individuals afflicted with a broad range of inheritable conditions, social dysfunction and/or criminal activities. In earlier attempts to form a consensus, such legislative proposals focused almost exclusively on the inherited or social indications for sterilization, i.e. predisposition to inherited disorders or inability to properly raise children because of mental instability, alcoholism, epilepsy or socially inappropriate behavior patterns (prostitution, promiscuity, illegitimacy). By 1934, fears of increasing rates of degeneracy (inherited or social indications) in the general population had been coupled with growing alarm with the rise in criminal sexual conduct. Official crime statistics for the period between 1927 and 1930 indicated a 70% increase in the incidence of the sexual abuse of children. The Morality Committee of the Finnish Women’s National Federation submitted a petition calling for immediate measure to be taken to protect minors; one such protection would be the castration of 247 those convicted of molesting minors. The Social Democratic Working Women’s Federation also took a favorable attitude to the legislation. Women across the political spectrum collaborated in supporting the Sterilization Bill in a series of measures intended to promote the safety of children and young people.22 While in 1923, only 2.95% of the population had received permanent or casual relief payments, by 1932 the number had more than doubled to 6.18%. Because many on relief also supported families the actual number calculated to be dependent on public charity was 9.4%. Coupled with increases in criminal behavior, the growing numbers of “unfit” individuals and the rising cost of poor relief, the bill gained easy passage through the parliament.23 The Sterilization Act decreed that the feeblerrrinded, insane could be made incapable of reproduction on either of two grounds: first that there was reason to assume that their disability was hereditarily transmissible, second that the disability made them incapable of properly caring for children. Sterilization was also prescribed for those found guilty of a crime or an attempted crime demonstrating an unnatural sexual drive either in terms of its strength or direction. Petitions for sterilization could be initiated in institutions and penal establishments by their directors; in cities and towns by municipal boards of health, police inspectors and public prosecutors; in the countryside by bailiffs, and police superintendents. Legally competent individuals with similar indications could apply for voluntary sterilization themselves. The National Board of Health reviewed all 22 Ibid. Pg. 229-230; Castration became part of the Sterilization Act of 1935 largely due to the efforts of women seeking protection for minors. Other relevant legislation provided for more women police and jaurors. Ibid. 230-231 248 applications and concerned individuals were allowed a voice in the decision though legal recourse was constrained compared with many protections offered in most similar laws.24 Even though the compulsory nature of the law and the broad range of indications for sterilization could have led to a large number of sterilizations, only 500 had been performed in the first eight years of the laws operation. Through 1955, only 1,908 people had been sterilized under the laws auspices, of whom only 276 were men (14%). Over seventy-five percent of sterilizations were of a compulsory nature. Of the total number of sterilizations, the mentally retarded accounted for over 58%, with slightly over 14% classified as schizophrenic, 9% as epileptic and 5% as psychopathic. A eugenic indication (inherited predisposition) was cited in 61% of the ordered cases and in 68% of personal applications.25 Implementation of the law differed between the Finnish-speaking majority and the Swedish-speaking minority by an almost two to one ratio (28% vs. 15%, respectively). Though both communities had supported the legislation, the Swedish-Finns had were much more concerned with their declining birth rates and status in the Finnish state. Historically, they had held the political reins of power and provided the largest proportion of educated middle classes. That Swedish-speaking Finns still held considerable power and thus could direct the implementation of the law could explain the disparity in its application. Women accounted for 86% of sterilizations, which compares generally with figures internationally. Finnish sources attributed this disproportion to the assumption of an exceptionally strong sexual desire in women as witnessed by the number of 2‘ Ibid. Pg. 232-235 25 Ibid. Pg. 234-235 249 illegitimate children born to the sterilized cohort. Of those women sterilized because of a neuropsychiatric disorder, nearly 13% were pregnant at the time action was ordered. From the sterilization applications it appears that small, poor communes were the first to take advantage of the legislation reflecting an anxiety over the communities’ ability to bear the costs of caring for the mentally retarded (i.e. segregation vs. sterilization) as well as increasing costs associated with their progeny. It is also very likely that rural moral values played a role in the number of applications from these quarters.26 In 1950, new laws were passed regulating sterilization, castration and abortion. Among the changes brought about by this legislation, general medical indications certified by two physicians, allowed sterilization to be much more widely prescribed, most often as a means of birth control. The number of procedures performed rose to over a thousand a year in 1951, over two thousand by 1958, over 3,100 by 1960, 4,000 by 1967 and 5,400 in 1969. By 1970, over 56,000 Finns had been sterilized under the laws’ aegis. Only 5,001 of these operations (9%) had been performed for eugenic reasons, with social indications accounting for another 3,445 operations (6%). The sterilization laws, originally enacted as a means of subjecting individual reproductive autonomy to the needs of the state, underwent a transformation to become a method of exercising individual choice in reproduction as a birth control option.27 The Scandinavian experience with sterilization legislation parallels the American experience in many ways. Efforts to promulgate legislation most Often arose from middle class, Protestant reformers, particularly those directly concerned with the care of the mentally ill and feebleminded. Increasing rates of urbanization and industrialization, and 2° Ibid. Pg. 237-244 27 Ibid. 240-248 250 the elaboration of social welfare infrastructures transformed these societies from primarily agrarian, Protestant dominated rural communities into increasingly complex metropolitan-centered secular states. Fears of social degeneration founded on statistics derived from ever more elaborate systems of monitoring the social welfare needs of society provided the impetus for action. International connections among eugenicists suppOrted the promulgation and propagandizing of such laws. Eugenicists supporting sterilization formed a broad amalgam of political and philosophical dimensions often opposed on any number of other issues. Fundamental concerns regarding the burgeoning cost of care for societies’ dependents usually coupled with the fear of a rising tide of crime led to a perceived imminent degeneration of society. Regional and institutional variation in the application of the laws was substantial throughout the various state and provincial domains though Scandinavian statutes were national in operation while US. laws were strictly the province of individual state governments. Disproportionate numbers of women found themselves the beneficiaries/victims of these laws. Over time, the operation of the laws changed from one of subsuming individual reproductive autonomy to the perceived needs of society to a means of exercising that autonomy as a means of birth control. In other ways the Nordic practice differed in meaningful ways. In only two of these nations’ statutes was compulsion a primary object of the law (though the implementation of the Swedish statute certainly had a compulsory edge and the Norwegian experience was marred by the compulsory nature of the Nazi era statute), whereas almost all US. laws provided for compulsory sterilization exclusively. In the US, individual states initiated and carried out programs, which were constrained under 251 the national constitution, whereas Scandinavian laws were national in origination and orientation. During the respective periods when initial consideration was given to sterilization legislation, the US. experienced population growth with massive immigration, causing fears of degeneration from without (not to say that concerns about degeneration from within the native-born population were not even more salient), while the Scandinavian nations had declining birth rates accompanied by increased emigration. In the US. there was a much greater variation in the proportion of women sterilized in the different states compared with the Scandinavian percentages and the overall American figures for female sterilization were substantially less than those for any Nordic country. Finally, though questions of race, usually in terms of miscegenation, occasionally arose in discussions of eugenic sterilization, the actual application of the laws seems to have been little affected by such concerns. The focus of eugenicists supporting negative eugenic measures such as sterilization primarily dealt with cleansing their own gene pools. In the early part of this century, miscegenation in the most widely understood sense (i.e. the crossing of anthropologically distinct groups; e.g. Negroid, Caucasoid, Mongoloid), where it was not actually forbidden by law, remained of little concern because prevalent social mores generally prevented its occurrence. Yet, miscegenation in contemporary terms reflects the racism peculiar to this era. The contemporary definition referred to what is now described as ethnicity. Different races were generally associated with national origins though subcategories within nation states were certainly recognized as products of different environments. This view of race as defined by, or rather differentially produced from local environments, held that the 252 several races of mankind evolved so as to be optimized for the environmental circumstances of their original homelands. Following humoral precepts on the nature of beneficial and deleterious locales, theories on the relative value of the different races were equated with the nature of their original homelands. The various “races’” states of development, as measured on a scale with the industrializing nations in the international context or against dominant populations within a society, provided support for these theories. Eugenicists like Laughlin, Riidin and other like-minded racialists assumed that scientific/industrial development or academic/social advancement proved the worthiness of their respective “races” while a lack thereof demonstrated the contrary with regard to others. Davenport and many others withheld judgement on the validity of these assumptions and suggested eugenic immigration policy focus on individual eugenic- worth, rather than blanket restrictions on particular groups. Though Laughlin prevailed in his attempts to influence Congressmen on this issue with the passage of the Immigration Act of 1924, it turned out to be pyrrhic in its consequences for him and the ERO he represented. Laughlin’s continuing propagandizing for compulsory sterilization and immigration restriction based on what increasingly became demonstrably unsound scientific data lead to his dismissal from the ERO and its demise in the 19308.28 Vaughan subscribed to a similar though more insidious form of racism. In 28 Haller. Pg. 178-181; Perhaps, Henry Fairfield Osborn best summed up the final judgement on Laughlin’s work. Upon the demise of the ERO, when Osborn was offered Eugenical News back issues for the files of the American Eugenics Society, he declined. Writing to a friend, he stated "During the years in which Mr. Laughlin was in charge of the Eugenics Record Office, and when Mr. Madison Grant and others with similar views were on the board of the Eugenics Research Association. the News contained a good deal of material on race as well as a good deal of material on social-class differences which today would be considered thoroughly unscientific. It is my belief," he added, "that this material injured the scientific standing of the Record Office, and I have very direct evidence to show that it set back the scientific accept- ance of eugenics in this country." 253 discussing the deleterious effects of inbreeding in terms of compounding the effects of negative unit characters, he affirmed a belief in the undesirability of interracial marriages. The Eurasians of India, the mulattos of our own country, and the mixed races of South America and neighbouring islands are unanswerable arguments against race mixtures. The bad of each side becomes dominant, and the mongrel whether man or beast, is no credit to the pure blood on either side of the house.29 Likewise, though in a less strident tone, Kellogg agreed that “Marriage between widely different races is unadvisable. .. such marriages are not only not conducive to happiness, but are detrimental to the offspring. It has been proven beyond room for question that mulattoes are not so long-lived as either blacks or whites.”3o This form of racism held that each “pure race” possessed qualities optimized for the particular environment in which it had arose. The often unspoken, but widely assumed corollary ascribed optimization of some races to less developed, or in contemporary terms, primitive regions. The insidious logic of this position insinuated that peoples from “primitive” areas of the globe though optimized for their environments remained “primitive” in their development; a dubious optimization at best. Members of the industrialized nations cited their dominance in the sciences, manufacturing and colonizing other areas of the world as proof of their innate superiority. True to ancient humoral interpretations on the nature of heredity, they ascribed their “superiority” to the influences of their environmental origins. Their convoluted interpretations of evolution merely provided a “scientific” basis to substantiate these 29 Eugenics: Twelve University Lectures. Pg. 64. This belief derived from humoral precepts and was widely held. Though anthropologist Franz Boas, among others, pointed out the fallacious nature of such beliefs, it did little to persuade those inculcated with the received humoral precepts of centuries past. 3° Kellogg, John Harvey. Plain Facts for Old and Young: Emlflaing the Natural History and Hygiene of Organic Life. (Burlington: I.F. Senger & Co., 1891), http://etext.lib.virginiaedu/modeng/modengO. browse.html, 1995, Pg. 151 254 claims.3 1 What exactly constituted a pure race was left indeterminate in such discussions. Necessarily so, as none of the industrializing “races” could boast such purity without subsuming many different ethnicities under broad categorizations, such as Aryan. Was eugenics essentially a racist dogma seeking scientific validation through the purported truth of evolutionary theory? In its least noxious form, eugenics was exclusionary on an individual basis, irrespective of race. But underlying most eugenicist’s beliefs was a core of racial distinction and discrimination, a legacy of humoral interpretations of race. Eugenicists around the world tried to broaden their base of support around the world by focusing their attentions on members of their own 31 Greenwood, Davydd. The Taming of Evolution: The Persistence of Nonevolutionary Views in the Study of Humans. (Ithaca: Cornell University Press, 1984) Pg. 73-102. Greenwood details the extended history of such European perceptions and the perverse interpretations of history and science to which they led. In its most fallacious form, historical interpretations of past advanced civilizations were contrived to include a core of Northern European originators, or “carriers” of civilization. In these interpretations, the carriers were eventually subsumed or “mongrelized” through interbreeding with the native populations over which they ruled, explaining the decline of these ancient civilizations. The most pernicious outgrowth of this rendering of world history is found in Hitler’s Mein Kampf; Hitler, Adolf. Mein Kampf. (Boston, Houghton Mifflin Co., 1943) Pg. 284-296, “Everything we admire on this earth today -- science and art, technology and inventions- is only the creative product of a few peoples and originally perhaps of one race ...... If we were to divide mankind into three groups, the founders of culture, the bearers of culture, the destroyers of culture, only the Aryan could be considered as the representative of the first group. From him originate the foundations and walls of all human creation, and only the outward form and color are de- termined by the changing u'aits of character of the various peoples.” Though I intend in no way to insinuate that Dr. Vaughan could be associated with Nazi ideals, I think it is important to show the correlation in perspectives among mainstream eugenicists and one branch of their intellectual descendants, the Nazis. Hitler provides as his proof of Aryan superiority and the degeneration associated with “race mixing” a frighteningly similar example to that of Dr. Vaughan. Hitler declares that history shows “with terrifying clarity that in every mingling of Aryan blood with that of lower peoples the result was the end of the cultured people. North America, whose population consists in by far the largest part of Germanic elements who mixed but little with the lower colored peoples, shows a different humanity and culture from Central and South America, where the predominantly Latin immigrants often mixed with the aborigines on a large scale. By this one example, we can clearly and distinctly recognize the effect of racial mixture. The Germanic inhabitant of the American continent, who has remained racially pure and unmixed, rose to be master of the continent; he will remain the master as long as he does not fall a victim to defilement of the blood. The result of all racial crossing is therefore in brief always the following: (a) Lowering of the level of the higher race; (b) Physical and intellectual regression and hence the beginning of a slowly but surely progressing sickness.” Mein Karnpf. Pg. 288; This correlation in such beliefs among physicians is further evidenced by German physicians comprising the largest faction in the Nazi Party, 45 percent. Lifton, Robert. The Nazi Doctors: Medical Killing and the Psychology of Genocide. (New York: Basic Books, 1986) Pg. 34. 255 “races,” leaving each “race” to look after its own so to speak. For the sake of a united front in eugenics, the improvement of the “human race” remained parochial in terms of individual races’ eugenic self improvement and catholic in its pronouncements on who constituted the degenerate classes in every race. Yet, most all agreed that the mixing of their “pure” strains was inadvisable. In Germany, these concerns became the basis in Adolf Hitler’s mind for the implementation of “the biological state.” German eugenics, or Rassenhygiene as the German version was known, started without the racial/ethnic bias that would eventually lead to the all too well known consequences of the Second World War. Alfred Ploetz, originator of the term Rassenhygiene, and Wilhelm Schallmayer, authors of seminal German texts on the subject, like many early German eugenicists came to their hereditarian perspectives through their medical practice in psychiatric hospitals. Both men eschewed the volkisch bias concerning a singular Nordic superiority though they did believe that Caucasian “races” had demonstrated their inherent preeminence through their contemporary dominance in the 19th century world of colonial expansion and industrialization.” 32 Adams, Mark. The Wellbom Science: Eugenics in Germany. France, Brazil and Russia. (new York: Oxford University Press, 1990) Pg. 11-21; Ploetz , a confirmed socialist, originally studied economics in an effort to find answer to the soziale F rage (the question of how society was to deal with the consequences of unbridled economic liberalism and the industrialization process). His experiences in American utopian communities led him to the belief that the “plans we wish to execute would be destroyed as a result of the low quality of human beings ...... For this reason I must direct my efforts not merely toward preserving the race but also toward improving it. " Ploetz intended the term Rassenhygiene to be more inclusive a term than Galton’s eugenics, concerning itself with not only the genetic improvement of the human race, but optimization of population size also. Ploetz’s feeling’s regarding the term “race” demonstrated the all too common belief in Caucasian superiority though initially it lacked the anti-Semitic overtones that would come to dominate the Nazi eugenics of the 19305. Ploetz suggested that interbreeding of the Aryan and Jewish races would be both socially and biologically advantageous, citing the significant role of Jews in the intellectual history of humanity placing them on the same level as Aryans in terms of their cultural capacity. In later life, he apparently revised these views; Weiss, Sheila Faith. _lia_ce Hygiene and National Efficiency: The Eugenics of Wilhem Schallmayer. (Berkeley: The University of California Press, 1987) Pg. 7-14, 92-104, 126-140 Schallmayer’s Vererbung und Auslese im Lebenslaufder Volker (Heredity and 256 Before the publication of Verebung und Auslese in 1903, Ploetz and Schallmayer had essentially comprised the leadership of the German eugenics movement. The popularity of Schallmayer’s publication led to the founding of the first journal dedicated to eugenics anywhere in the world, and within another two years, the foundation of the world’s first professional eugenics organization, the Gesellschaftfilr Rassenhygiene. This organization restricted its membership to only those white individuals, who were “ethically, intellectually and physically fit” and from whom “economic prosperity could be expected.”33 In the Wilhelmine period the Gesellschaft, sought international recognition as the Internationale Gesellschaftfur Rassenhygiene. an organization representing eugenics world wide. In 1910, the Gesellschaft’s individual chapters throughout Germany were subordinated to the Deutsche Gesellschaft, itself a kind of national subdivision of the Internationale organization. Because of the proliferation of national eugenic societies throughout the US. and Europe, which chose to remain outside of the Internationale organization, the Deutsche Gesellschaft gradually superceded the international organization in the control and philosophical orientation of German eugenics. Combined Selection in the Life Process of Nations) developed the concept of the rational management of population though it failed to spell out exactly what measures the state should take in the realm of negative eugenics. Schallmayer maintained too little was known regarding the laws of heredity to take direct action though he did believe marriage restrictions for the insane, feebleminded, chronic alcoholics and other defectives were in the best interest of the state. 33 Adams. Pg. 22-23; The Archivfur Rassen- and Gesellschafts-Biologie sought to attract a wide variety of articles bearing on the “optimal preservation and development of the race.” These articles fell within five basic categories: 1. Technical articles by leading biologists dealing with genetics and evolution (e.g. Weisamann, Correns, Tschermak), 2. Entries concerning degenerative phenomena such as alcoholism, insanity, venereal disease and homosexuality, 3. Articles dealing with the dysgenic effects of social institutions and practices (e.g. medicine and welfare with regards of the preservation of the unfit), 4. Studies pertaining to the desirability of population increase, 5. Medley of anthropological contributions, often racialist though not racial in character, from eminent anthropologists such as Franz Boas. Though most contributors were eugenicists, not all were and some were distinctly opposed to the concept. 257 with the effects of the First World War on German nationalism, this process culminated in the official supplanting of the international organization in 1916. The membership of both the German and international societies reflected the socio-economic backgrounds of the founders, i.e. the Bildungsburger (educated middle classes) predominated. Similarly to other nations which would eventually enact sterilization laws, medical professionals made up the largest single occupational group in the German eugenics societies, comprising 33% of the membership. The next largest group was composed of civil servants and teachers. These three groups made up over half of the membership in the Wilhelrrrine period, which nonetheless included members from virtually all political parties and religious faiths.” The professionalization of German scientific medicine led the way for parallel trends in the United States, though it was conditioned by Germany’s early acceptance of a national health care policy. The scientific basis of German medicine improved the position of physicians both in terms of status and financial remuneration though the latter was restricted by the nature of a national health system. Similarly to the situation in the U.S., German physicians of various medical disciplines either adopted the new scientific regimen or found themselves increasingly marginalized in their practice. The centralized nature of German health care contributed to this process by restricting government financed health care reimbursement to those practitioners who adhered to the new paradigm.35 3“ Adams. Pg. 21-29; 35 Weindling. Paul. Health Rya_ce and German Politics Between National Unification and Nazism: 1870— 1245. (Cambridge: Cambridge University Press, 1989) Pg. 18, 217, 296, 457, 571; Proctor, Robert. Racial Hygiene: Medicine Under the Nazis. (Cambridge: Harvard University Press, 1988) Pg. 66-70, That the elimination of competing medical sects had not been thoroughly accomplished is testified to by the Nazis ability to persuade allopaths to join Nazi organizations in return for the virtual suppression of competing 258 Prior to the outbreak of war in 1914, the Gesellschafts’ focus, like societies in the US. and Britain, remained on cost benefit analyses of the expense of maintaining the “army of the unfit,” and researching causes behind a perceived national degeneration. Explorations in the latter area, resembling the “Jukes” and “Kallikak” style studies conducted in the US. were paralleled in such famous efforts as the Swiss “Family Zero” investigation. The psychiatrist and prominent eugenicist, Ernst Rudin, like Laughlin concentrated on demonstrating Mendelian inheritance patterns for a variety of mental illnesses, while Germany’s only prominent female eugenicist, Agnes Bluhm, paralleled the work of Kellogg in trying to prove the link between dysgenic behaviors (e. g. alcohol use and decreased breast feeding) and the degenerative consequences for future generations. With the staggering casualty lists resulting from the conduct of a two-front war mounting precipitously, Ploetz’s original concern for population size became increasingly important to German eugenicists. Moderates and liberal eugenicists such as Schallmayer and Alfred Grotjahn expounded on the primacy of population growth. By 1915, Schallmayer asserted that reversing population decline had become “a matter of survival for the German nation.”36 This increased focus on population policy had attendant consequences for German eugenics in the post war period. With the decreasing hegemony of Western European nations following the war, many German eugenicists saw the so-called anti-baby and anti-motherhood propaganda of the feminists and neo-Malthusians as direct threats to the continued supremacy of sects. Upwards of 45% of all doctors joined the Nazi party according to Michael Kater’s estimates, but subsequent research by Lilienthal indicate that well over half had joined the party by 1945.. 36 Adams. Pg. 26; Proctor. Pg. l9;Weind1ing. Pg. 370-373 259 Western culture. Reflecting these fears, a distinctively pro-motherhood, anti-feminist attitude became more prevalent in mainstream German eugenics throughout the Wilhelmine period only to be further exacerbated by postwar conditions.37 The end of the war and the conditions of the Versailles peace treaty led to an increasingly national focus in German eugenics. Though German race hygienists maintained relationships with their American and European contemporaries, the locus of their concerns centered on the “life and death” economic and geopolitical struggle with their western European and Russian enemies. Reparations, inflation, unstable governance and as geneticist, Erwin Baur put it, foreign domination by people “culturally beneath them,” led Germans of many political persuasions to consider eugenics a matter of more than intellectual interest. The Gesellschaft’s membership continued to grow in this period as more of the Bildungsburgertum came to see the costs associated with the policies'of the welfare state as “too high an insurance premium against Bolshevism.”38 The expansion in the Gesellschaft’s membership and propagandizing the eugenicist’s cause was paralleled by substantial institutional growth. Before 1920, Germany possessed no institutional center for race hygiene and universities offered few courses. Yet, by 1932, with American aid the situation had drastically changed with over 37 Adams. Pg. 27-28; Following the Japanese defeat of Russian fleets in the Russo-Japanese War of 1904-5, Emperor Wilhelm II, concerned with the dramatic increase in China’s population and potential military power, coined the term the “Yellow Peril” to refer to Asia’s threat to Western hegemony. Closer to home, at the First International Eugenics Conference in 1912, Ploetz expounded on the biological and political threats posed by increased population growth in the Slavic nations. Schallmayer, Ploetz, Gruber (head of the Gesellschaft), Lenz and many other German eugenicists believed Russia would come out of the war relatively unscathed, and since in their opinion. Russia was not part of West, it would remain the primary biological and political threat to Germany. Lenz’s concern for the war’s depletion of the Reich’s “racial capital” led to his publication in the Archiv- of proposals to reverse the qualitative and quantitative declines, proposals of interest to his American counterparts as evidenced by their translation and publication in Popenoe’s Journal of Heredity. 8 Adams. Pg.37; Kuhl, Stefan. The Nazi Connection: Eugenics, American Racism and German National Socialism. (New York: Oxford University Press, 1994) Pg. 13-26; Weindling. Pg. 399-430 260 forty lecture courses in the subject offered at various universities, most in the faculties of medicine. American interest in the growth of German eugenics was primarily manifested in the form of Rockefeller Foundation grants to establish and aid the Kaiser Wilhelm Institutes (KWI). The Munich KWI Research Institute for Psychiatry was established in 1924 with Rockefeller aid, while in 1927 additional funds were granted to found Berlin’s Kaiser Wilhelm Institute for Anthropology, Human Heredity and Eugenics. Riidin and Fischer, both internationally pronrinent medical scientists and eugenicists, headed both organizations. The Berlin and Munich institutes became focal points for two different brands of race hygiene with Berlin’s nonracist interpretation gaining prominence.39 As the movement became more mainstream academically as the result of influential nonracists in the Berlin chapter, such as Alfred Grotjahn and Hermann Muckerman, it increased in popularity with the Bildungsburgertum. Ironically, the diminished influence within the movement of the racialist eugenics so prominent among members of the Munich chapter, coincided with the rise of Nazi political strength. The depression begun in 1929 not only led to increased cost to the social welfare system through inflation and unemployment, but also led to increases in criminal activity throughout the Reich. These concerns led liberals such as Muckerrnann and Artur Osterrnan to join other race hygienists in calling for a more rational social welfare system which would include sterilization. Muckerman suggested that the financial burden of caring for the institutionalized mental defectives, some 185 million marks a year, was barely enough to keep healthy individuals from starving. His solution was to make a clear differentiation between what could be afforded within the entire welfare system, ’9 Kuhl. Pg. 20-21, 59-60; Weindling. Pg. 430-439; Adams. Pg. 36 261 with “the means available. . .first apportioned for preventative care, and only then given out to people who cannot be brought back to work and life.” Similarly, the costs associated with criminal activity, and the defective germ plasm which many thought responsible for it, could be decreased if the reproduction of such unfit elements were decreased.40 Calls for action on a sterilization bill from eugenicists across the political spectrum coincided with a need to demonstrate action in reducing the welfare budget to cause the Prussian upper house to approve a resolution to officially recognize and popularize eugenics in every way possible and to immediately decrease the funds allocated for the maintenance of defectives to “a level that can be supported by a completely impoverished people?"1 Within six months, the Prussian Health Council had adopted several eugenic proposals, among them a draft for a sterilization law. The Prussian law permitted the voluntary sterilization of several classes of hereditary defectives, but also required proof that said defective traits were actually of a hereditary nature. This latter provision might have effectively neutralized the potency of the law in that many of the categories of particular concern to race hygienists, such as perceived hereditary tendencies towards alcoholism, promiscuity and criminal activity to name only a few, had little empirical evidence to back them up. Nevertheless, the majority of eugenicists, liberal, moderate and conservative, believed sufficient anecdotal evidence existed to allow for these kinds of 4" Adams. Pg. 37-38; Weindling. Pg. 453. 455. 483 4‘ Adams. Pg. 39 262 sterilizations considering the nation’s pressing need to reduce institutional and public welfare expenses.42 Most physicians and even the Protestant aid societies responded positively to the Prussian bill, with most opposition coming from the Catholic church following the line laid down in the1930 papal encyclical “Casti Conubi.” Because of the ensuing political chaos following the deposition of the Prussian government by the Reich in July 1932 and the Nazi “seizure of power” in January 1933, both support and opposition to the bill became academic. National Socialism, as Bavarian Cabinet Minister Hans Schemm declared, was nothing but “applied biology.” Within six months of the Nazi takeover, a new bill based on the original Prussian law (with particular regards to legal protections), but now incorporating mandatory sterilization was promulgated and passed within another six weeks. The Nazi era law allowed for the compulsory sterilization of anyone suffering from any of several genetic diseases, including feeblemindedness, schizophrenia, manic- depressive insanity, genetic epilepsy, Huntington’s chorea, genetic blindness or deafness and severe alcoholism. The law established regional genetic health courts to review applications and a superior court to review cases on appeal. Though seventeen hundred genetic health courts were originally envisioned, by 1934, only 181 such courts had been ’2 Adams. Pg. 39—40; Weindling. Pg. 389-393; Not all German physicians had felt the need to wait for the government to extend the aegis of the law to eugenic sterilization. Dr. Gustav (Gerhart) Boeters publicized the sixty-three sterilizations he had performed and encouraged other physicians to do the same. Though he lost his position as a district health officer because of these procedures, his appeals were publicized in several leading medical journals insuring continuing discussions on the legal and moral imperatives of such actions. 263 established, usually as adjuncts to the civil courts. They were presided over by a lawyer and two doctors, one an expert on genetic pathology.43 The law required physicians to report all cases of genetic illness known to them, excepting women over 45, under pain of fine. Because of confidentiality concerns, the sterilization requests and the operation of the health courts were kept secret even from the patients. In their first year of operation, genetic health courts received over 84,000 sterilization requests, almost equally divided between men and women. Overall, over ninety percent of requests were granted, but variation existed as to the efficiency with which different regional courts acted. In all cases, patients ordered to be sterilized had the right of appeal, which about 4% of the total number took advantage of, yet throughout the Nazi period only 3% of appealed decisions were reversed. Apparently, most who refused the procedure obtained segregation in concentration camps as an alternative.44 Most of those sterilized in the law’s first years of operation fell into three categories with feeblemindedness being the leading indication for the procedure followed by schizophrenia and hereditary epilepsy. Early estimates of the number of people sterilized in the Nazi period ranged from 300,000-350,000, but actual number was probably closer to 400,000. Tubal ligations or vasectomies accounted for most of the operations, though about 12% patients underwent sterilization by X-ray, effectively castrating the individual. Only five percent of sterilizations were conducted after the war began 1939. While some have suggested that the slowdown in sterilization resulted from the fact that few people remained in Germany who fell under the criteria of the law, ‘3 Proctor. Pg. 100-105 4“ Proctor. Pg. 106- 107 264 Proctor and others have suggested the more likely possibility that with the advent of the euthanasia policy, such individuals were killed rather than sterilized.45 Though the law specifically forbade racial discrimination in its implementation, at least one large case of mass sterilization occurred in violation of the law. In 1937, under secret orders from Hitler, the 500 or so Rheinlandbastarde (offspring of black French occupation troops and native Germans), were rounded up and sterilized in a joint Gestapo/health court operation organized by among others, the Munich race hygienists, Fritz Lenz and Ernst Riidin. Because the operations were in violation of the sterilization law, the procedures were deemed voluntary though some measure of compulsion was evident in obtaining the permission of the parents. 46 Because of the secrecy involved and the extra-judicial nature of this case, it might be supposed that execution of the law remained within the legal parameters (i.e. nonracial) set forth in the statute. Unfortunately, the truth of this matter cannot at this time be ascertained. The law was never modified to include Jewish ancestry as an ’5 Proctor. Pg. 105-117, 120-122; German laws protecting the confidentiality of patient medical records prevent a more accurate breakdown and categorization of the numbers of those sterilized. Of particular interest would be the numbers of women sterilized as a comparison with other countries with active sterilization programs. The Nazi focus on women as the progenitors of the race may have ameliorated the general propensity for their sterilization in that many cases, the disparity between the numbers of men and women sterilized seems to have arisen from women’s desire to use sterilization as means of birth control. The Nazi government’s policies in this regard would have operated to counteract such disparities. Nazis enforced suict antiabortion laws inherited from the Weimar period and added additional penalties for abortions other than to save the life of the mother. By 1937, doctors performing such procedures were subject to 10 years imprisonment and loss of civil rights. By 1939, unauthorized abortion was declared treason against the “bodily fiuit” of the Volk and in some cases was punishable by death; Weindling. Pg. 533-534 ’6 Proctor. Pg. 112-115; The German preoccupation with miscegenation was clearly evidenced in this case, though Nazi authorities were at pains to persuade some of their non-Aryan trading partners that such instances had nothing to do with them. In particular, complaints to the foreign office from India, Japan, China and some Latin American countries resulted in attempts to explain that such actions and particularly the racial laws (e.g. Nuremberg Laws) were specifically directed against the Jews, who in Nazi racial theory were the result of a crossing between Afiican and Oriental stocks. By 1935, in an effort to neutralize the bad press in such countries, the Nuremberg Laws had been rewritten replacing the term non-Aryan with Jewish. By the middle of the war, Germans were to even to avoid use of the term anti-Semitic for fear of offending their allies in the Middle East (e. g. Iraqi). Weindling. Pg. 386-389, 530 265 indication for sterilization, though it was specifically cited in numerous other statutes meant to “protect” the Volk from the perils of miscegenation. Whether the supporters of compulsory sterilization in Germany directly contributed to the subsequent horrors (e.g. euthanasia, concenu'ation camps, genocidal killings on the Eastern front) is arguable. That Germany’s particular brand of eugenics with its focus on national efficiency (i.e. eugenic population policy), as elucidated by Ploetz and Schallmayer, ultimately led to these outrages in time of race war seem undeniable. That the Second World War, a war to the death according to Nazi philosophy was a race war followed logically from the theories of those eugenicists who promoted the ideal of Aryan supremacy. The particular circumstances facing Germany in the period following the First World War promoted a vision of a world wide contest for resources and markets, which the Nazis successfully exploited to bring about the realization of the “biological state.” In comparison with other nations with similar laws, Germany’s radical program of sterilization was often eyed enviously. In 1935, Norway’s leading racial hygienist, Alfred Mjoen stated, “German scientists are today making world history?"7 The publisher of the American Journal of Heredity, Paul Popenoe, defended the German statute, stating it was, “the product of many years of consideration by the best specialists in Germany.” In 1933, Leon Whitney, secretary of the American Eugenics Society, stated that Hitler’s sterilization policy demonstrated the Fuhrer’s great courage and statesmanship, though he harbored some doubts as to the ability of the government to fully implement the full measure of the statute. “Sterilization and race betterment are. . .becoming compelling ’7 Proctor. Pg. x 266 ideas among all the enlightened nations,” he continued. The Eugenical News, edited by in the 1930s by Laughlin, Davenport and Roswell Johnson provided generally favorable coverage on the German statute though they also condemned German racial policy."8 Laughlin continued to support Nazi eugenic policies throughout his tenure with the ERO. He was so impressed by Nazi propaganda methods that he purchased a copy of Erbkrank a-lereditary Defective) from the Nazi Racial Political Office to show at the Carnegie Institution in Washington. Laughlin raised funds for an edited English language version entitled Eugenics in Germany to be circulated to churches, clubs, universities and high schools. Laughlin’s support of German eugenics did not go unrecognized by his German compatriots, who on the 550th anniversary of the founding of the University of Heidelberg awarded him, along with the psychiatrist and supporter of compulsory euthanasia for mental defectives, Foster Kennedy, honorary doctorates of science.” In the period initially following the introduction of the German statute, American physicians were kept informed of Germany’s progress in eugenics through generally favorable coverage in the Journal of the American Medical Association and in the British Lancet. Though these joumal’s coverage became increasingly antagonistic towards German eugenic policy, many physicians continued to voice admiration for the sterilization statute as it was specifically directed to eugenic considerations and contained no language sanctioning sterilization on ethnic or racial grounds. For this reason, the law gained nearly unanimous support among the American eugenics community.50 ’8 Kuhl. 44-63; Dickinson Papers. (Association for Voluntary Sterilization Collection, University of Minnesota Social Welfare History Archive), “Eugenics Head Hails Hitler: Whitney Calls Sterilization Law Work of Statesman.” New York Tribune, 12-28-1933. ‘9 Kuhl. Pg. 48-52, 86-88; Proctor. Pg. 99-101 5° Kuhl. Pg. 51; Dickinson Papers. (Association for Voluntary Sterilization Collection, University of Minnesota Social Welfare History Archive) JAMA, Vol. 102, 5-5-1934; Coverage in New York 267 Eugenics movements, in which sterilization figured prominently, displayed a rich network of interdisciplinary contacts between proponents across national boundaries. By pointing out these transnational professional connections, eugenicists’ reinforced their claims to the scientific validity of their movements. Popular concerns regarding the “burgeoning” numbers of the unfit and criminal elements led to popular calls for action, which eugenicists suggested could be accomplished through policies of negative selection (i.e. segregation and/or sterilization). The worldwide economic depression of the 19303 provided some European nations with an urgent economic reason to implement the radical solution of sterilization. Germany, the nation arguably suffering the most horrendous effects of the depression in conjunction with the conditions imposed by the Versailles Treaty, proceeded to impose the most radical program of all. Yet the basis for the Nazi law had emerged from the Weimar era, and the Sterilization Law itself, remained a product of that period though its implementation can largely be laid at the feet of the Nazis. Whether other nations with sterilization laws, faced with the same difficulties as Germany would have resorted to the kind of logic that led to euthanasia and the Holocaust is impossible to determine. What is evident though is the similarities that existed between the nations implementing eugenic sterilization. All of the nations contained Protestant majorities, which were becoming increasingly secularized. Technocratic rationalism dominated discussions on the problems of population, both in terms of quality and quantity. newspapers was also generally favorable in the years immediately following enactment of the statute. “Nazis to Start Sterilization of 400,000 Jan 1: 1,700 Eugenie Courts Will Curb Defectives at ‘Trifling’ Cost of $5,180,000.”New York Tribune 12-20-1933; “Sterilization Law is Termed Humane: Author Says German Statute Extends ‘Neighborly Love’ to Future Generations.” New York Times 1-22-1934. 268 Regional variation in implementation occurred for a variety of reasons ranging from religious/moral resistance to inefficient medical infrastructures. Leaders in the eugenics movements represented people from all virtually all political persuasions, with the unifying dynamic of reform figuring most prominently. Physicians, biologists, anthropologists, and institutional health care providers gave scientific/technocratic support to the laws, but reformers seeking diverse goals from birth control reform to inmates’ rights also argued for sterilization. Concerns for both population decrease and increase provided arguments for sterilization laws. The linkage between the two disparate problems seems to be a societal fear of being swamped by the unfit/undesirable, whether they were categorized as an internal (the indigenous unfit or “others”) or an external (foreign adulteration or domination) problem. Ultimately, these perspectives reflect a concern over the distribution of resources and political power in society. The connection between the Protestant “work ethic” and the valuation or devaluation of human life seems to be of particular import here. The next chapter deals with societies with active eugenic movements, which lacking certain articles of the Protestant value system managed to avoid the Mendelian logic of negative selection. 269 Chapter Nine: The International Context: Eugenics Without Sterilization An examination of those countries with eugenics movements that either failed to advocate compulsory sterilization, or met with substantial opposition to such measures, demonstrates the types of religious, political and philosophical impediments that could constrain eugenic practice to positive education efforts and restricted negative measures. Many nations with active eugenics societies never proceeded down the road to compulsory sterilization. A philosophy based on Lamarckian genetics, and Catholic opposition throughout many of these countries prevented any serious consideration of such laws. In the Soviet Union, political and ideological conflict, demographic implosion and a resurgent Larnarckian genetics prevented the adoption of sterilization. In these countries, negative eugenics if implemented at all, usually took the form of immigration resuictions, matrimonial impediments and paradoxically the denial of benefits allowed to more valued members of society. In Britain the perceived effete nature of eugenicists (almost exclusively the upper and upper middle class), and some members’ associations with socialism combined with a dearth of population to make negative eugenic measures a cause without any substantial support in governmental or lay circles. France provided one of the earliest and most flourishing eugenics movements in a Catholic, secular, industrializing country. It perhaps came closest to any country with a Catholic majority to implementing compulsory sterilization. French eugenicists provided the most enduring and transmissible form of a Catholic-sensitive eugenics in the science of peuriculture. Essentially, a pro-natalist philosophy which focused on improving the care of children, it was strongly influenced by Lamarckian theories on the inheritance of acquired characteristics. Therefore, social welfare programs promoting improved 270 environments and health care were central to the philosophy. On the darker side, peuriculture 's emphasis on positive selection as opposed to the elimination of negative traits often supported distinctively racial and class biases. In 1912, the French Eugenics Society was established with a membership, like those of other indusuializing nations, largely composed of physicians and reform minded individuals from a variety of political persuasions. Yet from these beginnings, there was clearly a difference in the philosophical outlook of French eugenicists and their counterparts in Britain, America and Germany. In a far higher proportion than virtually anywhere else in Western Europe, members of the French society adhered to a neo- Larnarckian view of inheritance. The Larnarckian concept of the malleability of the germ plasm possessed the prospect for positive change through manipulation of the environment rather than the more harsh Mendelian interpretation of change through selection only. In regards to negative eugenics, the positive corollary of this perspective in French society was that, such a view with its focus on social uplift rather than on intrusion into the reproductive autonomy of its citizens was far more amenable to the Catholic church than the Anglo- Saxon or Nordic varieties with their focus on the preventing the propagation of degenerate traits. French statisticians had noted by the time of the Franco-Prussian War that the country was experiencing a profound demographic change. Decreasing birth rates combined with statistics showing a general decrease in the health of the population led many to believe that the nation was succumbing to a number of social perils, particularly increased rates of TB, syphilis and alcoholism. Neo-Lamarckian genetics combined with 271 improvements in environment (i.e. advances in personal and public hygiene, social welfare programs to foster social progress) and efforts to increase the birth rate held out the hope that both the quality and quantity of population could be enhanced without the need for the negative eugenic measures proposed in other nations. The principal thrust of prewar French eugenics as related to reproduction concentrated on peuriculture, defined by its chief proponent, “as knowledge relative to the reproduction, the conservation and the amelioration of the human species.”1 This focus on a pro-natalist eugenics reflected the dominant characteristics of the physicians most active in the movement, obstetricians. Coinciding with French fears relative to population decrease and eschewing those elements most distasteful to the French public (e. g. interference in reproductive autonomy), French eugenics enjoyed a greater popularity than would have been possible if it had espoused a Mendelian vision of racial improvement.2 The staggering losses (1.3 million dead) incurred by the French republic during the First World War along with the succession of a new generation of eugenicists caused a profound change in the course of French eugenics in the postwar period. With emphasis on positive eugenics and pronatalism predominating, virtually all traces of negative eugenics disappeared from the French discourse. Discussions centered on social hygiene, a vague concept most easily defined as efforts to combat the social plagues of TB, ’ Adams, Mark. The Wellbom Science. (New York: Oxford University Press, 1990) Pg. 70-72; Schneider, William. Quality and Quantity: Tie Quest for Biolog'cal Rwrafion in Twentieth Century France. (Cambridge: Oxford University Press, 1990) Pg. 11-45, 55-59 2 Adams. Pg. 73-75, Physicians and physiologists comprised the largest group of French eugenicists though some anthropologists also joined the society. The latter group, particularly the criminal anthropologists, tended to a more sanguinary attitude towards racial improvement and from these quarters arose a muted call for negative eugenics (i.e. elimination of undesirables through marriage and immigration restrictions, and sterilization). Schneider. Pg. 84-113 272 alcoholism and venereal disease. Because social hygiene was already the province of several other organizations, the French society faced a crisis of identification by the mid- twenties.3 The French Eugenics Society underwent a reorientation seeking to find common ground with various social hygiene organizations, and failing that expanded its connection with the anthropologist wing of the movement. The Papacy’s issuance of “Conubis Casti” in 1930 and its blanket condemnation of eugenics led many in the movement to discard their attempts at seeking a eugenics amenable to the Catholic church, and thus allowed for discussions of measures previously thought incompatible with a mainstream French eugenics. Increasing crime rates, immigration of laborers and refugees from French colonies (often viewed as incompatible races) and continued concerns regarding social plagues led to a growing anxiety about the dysgenic elements in the French population. 4 Reflecting the break with pronatalists aligned with the church, French eugenicists proceeded to advocate radically new methods to combat the dysgenic elements in French society. Calls for the liberalization of access to contraception were coupled with immigration and marriage restrictions as negative eugenic measures now acceptable within the French discourse on eugenics. The rift between the moderate pro-natalist 3 Adams. Pg. 76-79, In addition, several of the French society’s founding membership had died in the intervening years leaving a smaller membership searching for direction. Membership had declined to such an extent that dues alone could no longer finance the publication of the society’s journal. Reflecting a diminished connection with the Faculty of Medicine in Paris, the society had its articles published in the Revue anthropologigue. Typifying this new conjunction the society merged with the eugenics section of the French national committee of the International Institute of Anthropology. This union led to the reemergence of a still muted but persistent call for negative eugenic measures thoroughly at odds with papal encyclical, “Conubis Casti.” Adams. Pg. 84-86, So strong were French concerns regarding the intermarriage of the French with the incompatible races of their colonies that a full blown immigration restriction program was advocated; Schneider. Pg. 146—170 273 eugenicists, who had previously hoped for cooperation with the church, and the new generation of eugenicists harboring no such illusions believed the times warranted an open discussion of sterilization.5 The onset of the Great Depression with its attendant unemployment and economic decline exacerbated fears regarding the dysgenic effects upon the populace. In a neo- Lamarckian eugenics, increases in poverty and the consequent degradation of the social environment resulted in a more rapid biological decline. French eugenicists began speaking of the problem of overpopulation, too many people chasing after too few resources. In addition, new statistics showing that the decline in the French birthrate had leveled off at a point higher than that of their British and German competitors, undercut the pro-natalist position while reinforcing that of those calling for the implementation of negative eugenic measures. Likewise, the French public became more amenable to negative eugenics as a means of dealing with society’s social ills. A growing acceptance of Mendelian genetics among French eugenicists in the thirties led to a fundamental change in perspective concerning negative eugenic measures. The French Right, especially concerned with the financial costs associated with the economic downturn, became ever more attentive to eugenicists advocating radicals ways (e.g. immigration restriction and sterilization) of dealing with dysgenic elements in the populace. Paradoxically, the French Left, principally concerned with the social costs of the Depression, sought an alignment with those eugenicists advocating a more moderate eugenics (e. g. liberal access to birth control, family planning and fAdams. Pg. 85—87; Schneider. Pg. 150-155 274 abortion) as a means of reducing the social burden incurred by these same dysgenic elements, consequently allowing for expanded social welfare improvements.6 That some French eugenicists, with their neo-Lamarckian perspective, adopted a pro-sterilization platform demonstrates that an acceptance of Mendelian inheritance was not essential to accepting negative eugenics. Yet, increased openness to Mendelian genetics, initially adopted as a support for immigration restriction, acted to reinforce the pro-sterilization position and thus tends to corroborate the link with negative measures. The French experience with eugenics demonstrates an increasing acceptance among the secular public promoted by changing economic and social conditions, particularly deteriorating ones. In this sense, the history of French eugenics demonstrates a variation on efforts by other industrialized Western societies to rationalize the causes behind a perceived decline in modern society in accord with scientific principles. That endeavors to apply these principles to population policy increased in times of economic adversity, reflects a fundamental linkage concerning perspectives on resource availability, its control and human reproduction. That French advocates of compulsory sterilization were unable to bring their plans to fruition in the 19305 reflects the fact that the political middle ground, largely Catholic in orientation, presented an insurmountable obstacle to their goal. Nevertheless, increasing secularization of the populace in post-World War II France eventually led to the adoption of most of the proposals first put forward by the country’s moderate eugenicists. Other Catholic countries, even less secular in their orientation, provide confu'mation of the reluctance to allow governmental intrusion into the realm of human 6 Adams. Pg. 92-102; Schneider. Pg. 170-208 275 reproduction. Yet, profound social dislocations in the form of more radical social and political movements (leading towards increased secularization) demonstrate the possibility of exceptional change in attitudes towards the rationalization of reproductive issues in pursuit of social goals. In largely Catholic Latin America, negative eugenics in the form of compulsory sterilization experienced only one success. In July of 1932, the fanatically anticlerical governor of the Mexican state of Veracruz, Adalberto Tejeda, authorized a sterilization law providing for sterilization in “clear cases of idiocy, for the degenerate mad,” the “incurably ill” and “delinquents.” It is unclear whether any sterilizations were actually performed as the governor was removed shortly afterward.7 A more moderate form of negative eugenics developed in Latin American countries in the form of “matrimonial eugenics.” Biotypology, analogous to Pearson’s biometrics, worked as a foundation for Latin American eugenicists to discriminate, often on racial grounds, between the more and less valued human stocks. African and Native American ancestries were generally equated with lesser valued human stock, though Argentina’s eugenicists also demonstrated a distinct aversion to the influx of Semitic and Slavic immigrants. Immigration restrictions provided one means of dealing with less than acceptable aliens, but the primary focus was on education through community health services and in some cases the development of prenuptial tests or certificates for marriage. The latter method resulted in a direct form of eugenic proscription, in some countries producing “legally binding rules of a negative kind.”8 7 Stepan, Nancy. The Hour of Eugenics: Race Gender and Nation in Latin America. (Ithaca: Cornell University Press, 1991) Pg. 128, 130-133, 201 8 Ibid. Pg. 114120.122-124 276 In Brazil, eugenics was essentially an upper class interest that was highly concerned with the race question. Brazil’s population, perhaps more than anywhere else in the Western hemisphere, was the product of crossings among the black, white and indigenous populations. Anthropologists and eugenicists had often used the Brazilian population as an example of the deleterious nature of such crossings and the concomitant degeneracy of the white race when situated in tropical climates.9 In the 1920s Brazilian eugenicists developed a thesis of a “whitening” of the Brazilian populace by means of white immigration and the “natural decline” of the black and indigenous peoples. In this thesis, crushing poverty and associated low fertility/high infant mortality rates would eventually lead to a decimation of these peoples so that by 2012, the black population would have disappeared and mulattos would constitute only 3% of the population. Declines in white immigration threatened realization of this scheme and an increasing shift from Larnarckian to Mendelian genetics led many Brazilian eugenicists to question the concept of a blending heredity essential to the thesis.10 With the shift towards Mendelian genetics, came a new effort to define the Brazilian race in more positive terms as a hybridization of the country’s different racial antecedents. Efforts shifted towards countering the racial characterizations of European and American eugenicists of Brazil as an example of degeneracy in action. Thus, the racialist rhetoric of earlier Brazilian eugenicists dwindled as the focus again shifted towards a more pronatalist stance in keeping with the rest of Latin America.11 9Adams. Pg. 112-115. 199 '0 Ibid. 126-130 ” Ibid. Pg. 134-139, 140-144 277 Such negative eugenic measures complemented those positive eugenic steps (e. g. marriage allowances, child allowances for the poor and education in the skills of motherhood) to foster the reproduction of particular types. In the sense that the less valued in these societies were excluded from such positive measures, these also constituted a means of implementing a more innocuously-appearing policy of negative eugenics. Efforts to improve social welfare provided the primary means for “racial improvement” in these countries as their development along these lines was decades behind that of their industrialized counterparts in the West. Infant mortality and morbidity, associated with crushing poverty, accounted for the most pressing concerns regarding degeneracy. The tendency among eugenicists in nations with Catholic majorities to adhere to a brand of neo-Lamarckian genetics combined with the general public’s abhorrence for intrusions into issues of reproductive autonomy precluded any serious attempts to enact sterilization legislation.12 Eugenics in Russia and subsequently the Soviet Union provide a particularly interesting case as to why ideology and institutional connections figure so prominently into how science develops. Following the mid 19th century reforms of Czar Alexander, science in Russian blossomed as the economy grew and more people had the resources to travel abroad to study. Most Russians pursuing post-graduate studies in the biological sciences journeyed to Western Europe universities where they received a decidedly Mendelian perspective on heredity. ’2 Stepan. Pg. 171-182; The rejection of Pan-Americanism in Latin American eugenics provides an insight into these countries rejection of mainstream eugenics in the Protestant nations of the West. Pan-American variety, in particular, was seen as a means of forcing U.S. style eugenics upon South and Central American neighbors. 278 Two Russian zoologists, Nikolai Kol’tsov and Iurii Aleksandovich Filipchenko, returned from their studies to found genetics departments in their respective cities of Moscow and St. Petersburg before the outbreak of the Great War. Due to their relationships with people and institutions funding the growth of science in Russia, they found themselves in a position to popularize new scientific discoveries in genetics, particularly those from Germany and the United States.13 Kol’tsov had been politically active in liberal politics before the war, and his contacts following the Revolution allowed him to maintain his positions in Soviet academics, while Filipchenko through dint of hard work persevered as one of the few Russian scientists who was widely recognized as a leading researcher and popularizer. Following Galton’s lead, the two promoted eugenics as a kind of “civic religion,” which suitably promoted to the masses, would lead to the creation, through conscious work by many generations, of a human being of a higher type, a powerful ruler of nature and creator of life?14 In 1920, the two men began organizing eugenics department within their research establishments. Because of Filipchenko’s connections with the Russian Academy of Sciences in Petrograd and Kol’tsov’s with universities in Moscow, the men decided to keep their institutional connections separate for the time being. For both, eugenics provided a means of setting up interdisciplinary research organizations beholden to two rather different institutional groups. The Russian Academy of Sciences demanded of ‘3 Adams. Pg. 159-162 1’ Adams. Pg. 162 279 _ u..- *5; “'3‘- Filipchenko a rather narrow research focus into genetics while the Comrrrissariat for Public Health, which funded much of Kol’tsov’s research allowed for a greater breadth.15 Together they founded the Russian Eugenics Society, which not open to the public allowed only professional membership, most of whom were biologists, physicians, psychiatrists or health officials. The society began publishing a journal in 1922 and sought contacts in those countries most active in promoting eugenics (i.e. U.S., Germany and the Scandinavian nations). Kol’tsov wrote to Davenport, among several prominent Western eugenicists, to report on developments in Russia and to solicit Western publications. Prompted by the new scientific discoveries popularized in the society’s journal, Russkii Evgenicheskii Zhumal, eugenics societies began springing up in larger cities throughout the Soviet Union.16 These organizations’ memberships, like the national eugenics society, were ' comprised largely of biologists, physicians (particularly psychiatrists and psychologists) and health officials who saw in eugenics a way to advance social relationships through scientific/technocratic means. Though eugenics promised a way of launching a “state religion” which promised a philosophy for building the new rational/technocratic state they envisioned, it also was a means of bringing together diverse fields of research under a banner of general human improvement. Like elsewhere, but for somewhat different reasons, eugenics provided a catchall for those programs which sought to promote themselves as beneficial to mankind. In the Soviet Union, the focus of this propagandizing needed to be in keeping with the principles of the revolution.17 ’5 Adams. Pg. 164-167 ‘6 Ibid. Pg. 166—169 ‘7 Adams. Pg. 169-174 280 The need to position Russian eugenics within the political construction evolving in the new Soviet Union became more apparent throughout the 1920s. Kol’tsov’s leftist background had served him well in the immediate postwar period, but as the new state began defining itself and its priorities, class background became increasingly important and both Filipchenko and Kol’tsov’s abilities to put their case for funding eugenics to various authorities became increasingly undermined by their backgrounds as part of the bourgeoisie. Fortunately, many of their students had proper proletarian or suitably Marxist backgrounds, and thus they began to take the lead in promoting eugenics as a “socially responsible” science. Alexsandr Serebrovsky and M.V. Volotskoi represented this new generation of politically well connected eugenicist/researchers. Both men realized that for eugenics to be seen of any value to the Soviet state, it had to possess the potential for practical application. There were essentially three alternatives in this vein, negative eugenics to reduce the numbers of the unfit, Lamarckian attempts to induce positive genetic change, and positive eugenic selections. Volotskoi following Western eugenicists across the political spectrum chose to support a policy of negative selection. Unfortunately, his timing could hardly have been worse as the Soviet Union was experiencing an extraordinary population decrease. This was hardly the time to promote efforts that might decrease population further even in the name of quality.18 ‘8 Adams. Pg. 175-176: Gorbunov reported in 1922 that between 1917 andl920 the populations of Moscow and Petrograd had decreased by 50% and 71% respectively. This was not solely due to immigration either. In 1910, Moscow’s births had exceeded deaths by 101 per 10,000; yet ten years later deaths exceed births by 243. Petrograd’s numbers were even worse going from 37 births over deaths per 10,000 in 1910 to 484 deaths over births in 1920. Comparable figures from the provinces substantiated a nationwide demographic meltdown. 281 Because Mendelian genetics had little to offer in the way of improving the human gene pool outside of either negative or positive selection measures, some Marxist eugenicists found neo-Lamarckian genetics to be particularly appealing as it held out the hope of directly influencing heredity. Paul Kammerer, the Viennese biologist and proponent of Larnarckian eugenics who had so influenced Dr. Kellogg, enjoyed great popularity in the USSR throughout the mid-20$. Several of his books were translated into Russian and a film was made to lionize his efforts as a great scientist vilified in the West because of his Communist sympathies. Coming to the realization that the negative eugenics option had been foreclosed by the demographic peril, Volotskoi adopted Kammerer’s call for a new socialist eugenics based on Lamarckism in his 1925 book, Class Interest and Modern Eugenics. He was joined in his efforts by Solomon Levit, a physician prominent in Marxist biomedical circles, who wrote several articles promoting the idea of a socialist, Larnarckian eugenics. After the revelation of Kammerer’s fraud and his subsequent suicide, Lamarckian genetics had seemingly been thoroughly reputed.19 This left only positive eugenics as a means of improving the genetic future for Soviet citizens. Serebrovsky, a Mendelian eugenicist, sought to disentangle the science of genetics from the ideological constraints imposed on it by eugenicists seeking an ideological justification for the science within Marxist philosophy. He coined the term anthrogenetika as a way of distinguishing objective scientific research into genetics from the social construct of eugenics. In so doing he severed Western eugenics’ bourgeois 19 Adams. Pg. 176-179, Many neo-Lamarckian eugenicists took heart in 1927 when the American geneticist, J .H. Muller demonstrated that x-rays could induce genetic changes, albeit most were either deleterious or lethal. This finding had the merit that it disproved the theory of an immutable germ plasm, and held out the promise of modifying genes within the constraint of Mendelian genetics. 282 associations from the science and defended it against charges of being counterrevolutionary by proposing a proletarian eugenics as distinct from the Western variety but of practical use. Levit was one of his first and most important converts. Through their respective contacts with biologists and physicians, the men set about popularizing anthropogenetics among the Marxist scientific community. They believed that a Soviet eugenics based on anthropogenetics could provide a means not only of improving the gene pool, but also of securing funds for a broad range of genetic research from a tightly strapped Soviet government. Muller’s work demonstrated that genetic manipulation was possible, but that the induction of positive changes lay in the distant future. With this in mind their eugenics began to focus on positive selection measures.20 In 1928, when the party solicited comments and discussions of the first Five-Year Plan, Serebrosky submitted an article calling for the implementation of biological selection measures as means of “cleansing our own population of various forms of hereditary ailments...” such that it should probably “be possible to fulfill the Five-Year Plan in two-and-a-half years.” He suggested that the artificial insemination methods pioneered by Il’ia Ivanov, who Serebrovsky had met through his contacts in zoological research institutions, provided a means of utilizing the tremendous sperm producing capabilities of men to produce a new race of gifted individuals within a relatively short span of time.21 2° Adams. Pg. 179-182 2’ Adams. Pg. 180; 181, Serebrovsky asserted that, “with the current state of artificial insemination technology, one talented and valuable producer could have up to a 1000 children. . .In these conditions, human selection would make gigantic leaps forward. And various women and communes would then be proud. . .of their successes and achievements in this most undoubtedly most astonishing field-the production of new forms of human beings.” 283 Just as Soviet eugenicists seemed to have a concrete proposal for benefiting the nation, the Soviet eugenics movement ended in 1930. Serebrovsky’s proposal occurred just as the velekii perelom, or the Great Break, marked the beginning of Stalin’s domination of the state’s ideological, cultural and institutional organs. A renewed focus on the proletarian credentials of the nation’s standard bearers in all fields led to the dismissal of Kol'tsov, Filipchenko, Serebrovsky and many other eugenicists from their teaching responsibilities and research institutions. As part of the break with the bourgeois technocratic tradition associated with Fordism, Taylorism, municipal government and scientific management so popular in the West, Soviet officials sought to have experts “on tap” rather than “on top.” Suspicious that technocrats social agendas might well be subversive to the political order led to a rejection of their programs and attempts to create new cadres of “Red specialists” whose political allegiances could be counted on.22 Proscription of theoretical links between the social and biological doomed Soviet eugenics, and such sins were summed up by the term biolgizirovat, to biologize. The eugenicists were castigated as being guilty of bourgeois, fascist or Menshevising idealisms, and their institutional frameworks disassembled. Yet academic and philosophical connections continued among these like-minded scientists. They recruited new students with suitable proletarian backgrounds, who often served as institutional front men for the discredited eugenicists. What emerged from the ashes of Soviet eugenics was a medical genetics championed by Solomon Levit, who had managed to keep his credentials as a Red specialist, and a chastened Serebrovsky, who had managed 22 Adams. Pg. 183- 185 284 to reestablish his credentials as a valuable Marxist scientist through his work in poultry and animal breeding.23 By 1934, the institutional disruptions associated with the Great Break were generally at an end and Kol’tsov, Volotskoi, Levit, Serebrovsky, Agol, Ivanov and others were able to establish new institutional bases for their genetic researches. In 1932, following Levit and Agol’s period of study in his laboratory, The American Nobel Laureate J .H. Muller received an invitation to visit the Soviet Union. His interest in and sympathy for the Revolution had first led him to visit the Soviet Union in 1922, when he had met most of Russia’s leading eugenicists. Upon his return he became active in Levit’s institute and a consultant for Kol’tsov’s. He wrote extensively for Soviet journals and sought opportunities to popularize the idea of socialist eugenics.24 The “Soviet Experiment” in the forced collectivization of agriculture during the Great Break impressed Muller with the fact that Stalin was a man who knew how to get things done. In 1936, after the warm reception of his book, Out of the Night: A Biologist ’s View of the Future, Muller took the opportunity of sending a copy to Stalin, in which he expounded on the book’s chapter on the possibility of using artificial insemination to breed a “population to become of the innate quality of such men as Lenin, Newton, Leonardo, Pasteur, Beethoven, Omar Khayyam, Pushkin, Sun Yat Sen. . .or even to possess their varied faculties combined.”25 Stalin had the Laureate’s book translated into Russian and apparently found it profoundly disturbing. 23 Adams. Pg. 188-189, Serebrovsky, using Rockefeller grants, had managed to place Levit and geneticist, Izrail Agol, in Muller’s Texas laboratory during the Great Break, thus keeping them largely out of the way of ideological attack on those guilty of “Menshevising idealism.” 2“ Adams. Pg. 193-195 25 Adams. Pg. 194-195m Muller’s note explained that. “it is quite possible by means of the technique of artificial insemination. . .to use for such purposes the reproductive material of the most transcendently 285 T.D. Lysenko, who possessed unimpeachable party affiliations, had by this time begun to resurrect a Larnarckian genetics, which was much more amenable to the political ideology current in government circles. Muller compounded his error with Stalin by attacking Lysenko’s genetics as unscientific and claiming that Lamarckism played into the hands of fascists by suggesting that the proletariat was hereditarily inferior due to their eons of oppression. Lysenko and his compatriots took up the challenge and insisted that genetics, eugenics and fascism constituted an ideology of bourgeois superiority. Meanwhile, Stalin had been reading translations of Muller’s correspondence and not liking what he read, events proceeded anon. Hearing that he might be arrested, Muller’s friends arranged for his exit by the quickest possible route, that of a volunteer in the International Brigade. Several of Muller’s friends in the Russian genetics community were shot as “enemies of the people” and the institutions they headed were either disbanded or incorporated into other institutions.26 By resurrecting Serebrovsky’s artificial insemination scheme, Muller allowed the Lysenkoists to tar Soviet genetics with the brush of fascist eugenics. From 1940-1965, the Soviet government gave Lysenko strong support and his theories on genetics came to dominate official policy and rhetoric. For nearly twenty years, genetics suffered under Lysenko’s tutelage only to reemerge in the 1960’s as medical genetics, eugenics and genetics. This is due to the fact that genetics is a science with practical uses and that superior individuals, of the one in 50,000 or one in 100,000, since this technique makes possible a multiplication of more than 50,000 times. 26 Adams. Pg. 195-197, Agol, Levit and the translator of Muller’s book were all shot as “enemies of the people.” Muller’s patron, Vavilov, his friend Serebrovsky, his student, Levit and colleague Kol’stov were all compromised by his actions, which dealt a serious blow to Soviet genetics and allowed the rise of Lysenkoism. 286 eugenics is a social construct for discussing how this knowledge can be practically applied. For the study of eugenics and compulsory sterilization, Britain provides the most interesting case of a country with an active eugenics movement that produced no sterilization law. The homeland of eugenics founder, Sir Francis Galton, produced a movement that promoted a broad discussion, yet little action. In so many ways. Britain resembled the Western European nations that did adopt negative eugenics. It possessed one of the most industrialized economies in the West and indeed the origins of industrialization itself are generally associated with this nation. Likewise, the birthplace of modern secular government is most often traced to Britain. A majority Protestant population, frankly concerned with the demographic changes occurring since the mid-19tln century, argued interminably over the causes of population decrease and the perceived degeneration associated with it. Like their compatriots in Germany, the US. and the Scandinavian countries, British eugenicists abetted a wide range of beliefs spanning the political/ideological spectrum. Britain’s Eugenics Education Society provided the main impetus for the eugenics movement in Britain and though its membership included many eminent men and women, its success lay principally in promoting a discussion of topics or eugenic interest rather than in actions. The society was founded in 1907 as an outgrowth of the Sociological Society and the Moral Education League, and reached a peak membership six years later, declining significantly in subsequent years. It has been often characterized as an example of “middle class radicalism,” with a focus on finding scientific support for moral arguments. The membership differed in significant ways from that of eugenic 287 societies in comparable nations (i.e. those nations enacting or considering sterilization legislation).27 Unlike eugenics societies in the US. the Scandinavian countries and Germany, physicians made up only about twenty-five percent of the membership. Social workers and those associated with institutional care were particularly underrepresented in comparison to societies elsewhere. While the politics of the membership varied, it certainly could not be characterized as conservative in the Tory sense of the word and if anything was more liberal than not. Members included two prime ministers, many of Britain’s most eminent acaderrrics and liberal lights, and a smattering of individuals interested primarily in moral uplift.28 By 1920, the society had taken on more the character of a learned society, than a group geared towards social/political action. The relative dearth of physicians and those associated with care of the institutionalized reveals the most problematic point in regards to originating calls for legislation. In other countries with sterilization statutes, physicians, social workers and superintendents of institutions provided a motive force for the implementation of such legislation. In Britain, physicians eschewed sterilization even on a voluntary basis as probably illegal though no statute specifically forbid it. Most often cited was the 1861 Offences Against the Person Act, which forbade any action causing grievous bodily harm. Reluctant to perform the surgery on volunteers, British 27 Farral, Lyndsay. The Origin and Growth of the English Eugenics Movement: 1865-1925. (New York: Garland Publishing Co., 1985) Pg. 205-207; Soloway, Richard. Demography and Degeneration: Eugenics and the Declining Birthrate in Twentieth-Century Britain. (Chapel Hill: University of North Carolina Press, 1990) Pg. 31-38, 63-72 28 Farral. Pg. 213-238, Politicians in the society included Prime Ministers Neville Chamberlain and AJ. Balfour, Home Secretary William Joynson-Hicks, Minister of Labor Arthur Maitland, Baron Moutland liberal MP. and Justice of Appeal. In Farral’s survey of the membership (approximately 10% of the membership), only two social workers were identified and they were not professionally trained but rather voluntary philanthropists with interests in temperance and mental illness. 288 doctors were even less likely to attempt such measures on those considered legally beyond making a competent decision by virtue of mental incompetence, in effect the mentally defective. There is no evidence of an English physician acting on his own medical recognizance to sterilize a patient as in the case of Sharpe in Indiana, or as in similar cases in Germany and Scandinavia.29 The greatest success claimed by the society was passage of the Mental Deficiency Act of 1913. The law recognized mental deficiency as a social deficiency primarily characterized as an inability to care for oneself and provided support for some outside of institutional settings. The law did not provide for mandatory segregation and no mention of sterilization was made. This was hardly a eugenics statute. In 1931 and 1932, two bills were introduced into Parliament allowing for the practice of voluntary sterilization and neither received anything other than back bench debate. In short, the Eugenics Education Society achieved little in terms of a legislative agenda, if indeed it ever had one.30 Though the Eugenics Education Society may have debated the merits of compulsory sterilization, it never took any serious action in this regard at most opting for the legalization of voluntary sterilization. The society seems to have been more interested in finding a scientific basis for their moral arguments and proselytizing the public accordingly. The economic consequences of the Depression did give impetus to calls for voluntary sterilization as a means of reducing expenditures, but never did this reach the level of public consensus seen in countries with such legislation. 29 Kevles. Pg. 115 3° Kevles. Pg. 115, 173; Soloway. Pg. 107, 203; Farral. Pg. 238-247, The Eugenics Education Society also acted to influence the administration of the lnebriates Act in 1908, which amounted to little more than sending a deputation to the Home Secretary. While members helped draft versions of the Mental Deficiency Act and the voluntary sterilization bills, the former amounted to virtually no action in terms of what the law provided for and the latter never had any chance of passage. 289 The generally liberal cast of the societies’ membership probably goes furthest in explaining their reluctance to advocate such radical measures. The liberality epitomized by most was one respecting the liberty of the individual versus the leftist technocratic version common among “liberal reformer” eugenicists common in other countries. Why this was true among the British more so than those in other countries is beyond the scope of this survey. Certainly, the Protestant work-ethic (often cited as a motivator among middle class proponents of eugenic action on Scandinavia, Germany and the US.) was strong in Britain as elsewhere, but concerns over class based legislation, as eugenics was often characterized as advocating, put a damper on efforts to do much other than discuss its possible merits. Because the eugenics movement in Britain remained a province of the middle and upper middle classes, it remained an effete organization, relatively undedicated to political action. As the society’s name implied, education in eugenics was the primary focus, with a particular emphasis on advocating increasing the birth rate of the most valuable classes, the professional middle classes. Outside of merely calling on the member of this class to reproduce in greater numbers, the society limited itself to occasional efforts to secure tax relief or other economic incentives for the expansion of this class.31 While much has been written on the influence of British eugenicists on the actions of eugenicists in other countries, more research needs to be done on the failure of eugenics to achieve a broad base among various classes in Britain. To some degree, it may be explained by the varying perceptions of what constituted the middle classes and the working classes in different industrializing nations. The distribution of political power 3’ Soloway. Pg. 63-93 290 among the classes, and their allegiances reflected perceived self-identities among their membership that were consistent among industrialized Western nations. The middle classes in the U.S., Scandinavia and Germany identified themselves as broad categories that often included members, which in Britain would have identified themselves as working class. This broadened definition of the middle class and an identity of common values may have made political action more desirable and feasible in these nations than in Great Britain. Britain’s relative demographic homogeneity and isolation also provoked less feeling of imminent peril to the nation than that perceived elsewhere. The nation did not face the demographic challenges (massive immigration (U .S.) and emigration (Scandinavia), and related fears of internal demographic change) and the perceived military threats related to demography (e. g. Germany’s fear of her continental neighbors) that other Western nations experienced. Britain’s far flung empire required every man her counU'y could offer and thus eugenics to have been successful would have needed to focus on positive measures of population increase to have gained serious consideration in the halls of government. Other questions regarding the desirability of eugenic measures in the commonwealths, unfortunately, remain largely undocumented. Though Canada is known to have passed some eugenic sterilization legislation, the nature of the laws have yet to be researched. Opposition from the Catholic church is the most evident linkage among these countries in abstaining from the use of compulsory sterilization. All the countries reviewed with large Catholic majorities tended towards a eugenics with a definite pronatalist sentiment. Peuriculture, or the fostering of positive eugenics through prenatal 291 care and genetic counseling, found a receptive audience among Latin American countries in particular. Efforts in the realm of negative CU 'rnics were generally restricted to marriage bans and immigration restriction. In this sense, negative eugenics took on a more racialist cast. In Argentina, efforts were made to restrict the immigration of some “undesirable European elements,” who were seen as possibly swamping the racial balance that had been achieved among Spanish and Northern European types. Similarly to the situation in the U.S., concern with nriscegenation between whites and Indian peoples, barely rose above the level of academic discussion because it so little affected the dominant white population. In Brazil where the results of crossings among the black, white and indigenous populations contributed significantly to the racial makeup of the whole population, the concept of racial identity was very important. As the whitening thesis grew in popularity through the 1920s, efforts were made to encourage the immigration of whites to Brazil. With the failure to achieve the level of immigration believed necessary and the advent of Mendelian genetics in Brazilian science, eugenicists began to redefine discussions of the population in more positive terms as a beneficial hybridization, resulting in a redefinition of their national eugenics in terms of a pronatalist strategy. Demographic perceptions played an important role in defining eugenics methods in these countries. A downturn in Brazilian immigration contributed to the abandonment of the whitening thesis, while in Argentina a steadily growing native-born population and an influx of Slavic and Semitic immigrants raised fears of polluting the “white” gene pool and thus led to calls for immigration restriction. What emerges from this analysis is that 292 perceptions of a nation’s demographic character were of fundamental importance in considering whether or not negative eugenic measures might be undertaken. In both France and the Soviet Union, changing perceptions of demography either opened up or foreclosed such possibilities. France in the 19305 experienced a leveling off the population decline she had been undergoing and thus reconsidered negative measures, while the Soviet Union contrary to contemporary German propaganda had been enduring a population implosion following the fall of the empire making negative population selections unrealistic. Increasing secularization also contributed to more open attitudes towards negative eugenics as was seen in both France and Russia. With the issuance of the Conubis Casti, many French eugenicists gave up on accommodating the Catholic church and began considering solutions to social ills previously not thought amenable to the public. In Vera Cruz, a radical anti-clericist government moved quickly to pass a sterilization law. Yet, these secular attempts also reflected political conflicts wherein the church was seen to have sided with the wrong side. In Russia, the dissolution/control of the Orthodox church was a political necessity in the minds of Soviet leaders, which would have seemed to open the way to the introduction of eugenic policies. Internal political machinations within the political factions seeking control over institutional science, of which Russian eugenicists were not completely aware, took precedence over their rational arguments and spelled an end to two distinctly different attempts to promote eugenic measures. The American Nobel laureate, H.J. Muller’s attempts to persuade Stalin of the efficacy of positive eugenics happened to be coincident with Soviet castigation of all things reeking of German 293 fascism, which at the time meant positive eugenics. Muller’s exceptionally poor tinting gave Lysenko the opening to promote his brand of Lamarckian genetics as a specifically “Soviet genetics,” and allowed he and his cronies to ensconce themselves in driver’s seat of the Soviet sciences for years. The failure of those eugenicists who sought to use negative eugenics to fight the degenerate elements in their populations was primarily one of neglecting to persuade the public of value of their goals. In the Catholic countries of Latin America, the Catholic church probably presented an insurmountable obstacle. In the Soviet Union, the communist regime had become similarly an impediment, but alternatively could have been a primary impetus for the accomplishment of eugenic programs if it had chosen to do so. This last point is problematic in that the Soviet officials, though having subjugated the church and itslikely opposition to things eugenic, might not have dared to further ostracize public sentiment (at that time Still sympathetic to the church) in the tenuous years following their accession to power. Failure to influence the public also was due to the fact that the middle classes had not yet begun to constitute a majority in any of these countries, and in the West the educated middle classes were the principal supporters of such policies. Due to its higher proportion of middle class citizens, France provides an example to support this thesis, wherein public sentiment for negative measures gained the most ground, even after the Catholic church made clear its absolute opposition. Britain with its large middle class population shows a similar pattern. Yet, because of its distinct class structure, with many in what would be classified as the middle classes in other Western nations defining themselves as working class, eugenicists 294 defaulted on expanding the audience for their views. British eugenicists came primarily from the upper and upper middle classes and eschewed propagandizing the people they most needed to join their cause. Eugenicists snobbish attitudes and a demographic situation in which England needed every hand to help run its empire meant that negative eugenic schemes had a poor chance of gaining adherents in the very classes of concern to eugenicists. In one sense, Britain’s relatively homogeneous population and diverse class structure prevented a focus on race seen elsewhere, but made more obvious the class distinctions evident in most eugenic thought, but often obscured within the race/class conundrum (i.e. the confusion in some societies of re , llist and . Tass definitions). In another sense, British eugenicists’ concentration on the maintenance of the upper classes prevented their focus on subjugating (to eugenic control) the workers so desperately needed to support their way of life and instead promoted an emphasis on education. The large numbers of Britain’s upper class liberals sympathetic to eugenics reflects the reformist ethic shown in many eugenic movements, but the darker class aspects of their vision seems apparent in some of their utopian formulas (e. g. Aldous Huxley and HG. Wells). In the end they deigned to educate the lower classes and largely succeeded in these efforts to inculcate their eugenic values. Ideally, this is the solution most eugenicists would have ascribed to, the hereditary recognizance of citizens. 295 Chapter Ten: Conclusions: “But look here doctor, wouldn ’t this nucleus of survivors be so grief stricken and anguished that, well, they would envy the dead and not want to go on living. ” “No sir, when they go down into the mine everyone will still be alive - there would be no shocking memories and the prevailing emotion will be one of nostalgia for those left behind - combined with a spirit of bold curiosity for the adventure ahead.”-Dr. Strangelove: Or How I learned to Stop Worrying, aad Love the Bomb. Eugenics represents simply a new appellation for a very ancient means of dealing with a fundamental Malthusian dilemma facing most species at one time or another. That humans have faced the dilemma of too many mouths and too few resources seems self evident, but historical records also provide ample evidence. That much of the selection process of who should survive was dictated by an understanding of hereditary relationships is also well documented. Most biologists would not find this surprising even without the historical documentation. Yet, starvation was not what faced the modern educated middle classes. Their redefinition of themselves as a threatened group depended upon a devaluation of those outside the group as lives, at least, not worth propagating at a cost to themselves. From the idea of applying a Protestant, middle class identity as a measure of hereditary fitness, eugenicists extrapolated a theory of social degeneration, which threatened their class interest in progress, if not their continued existence as a group. Plato provides us with the first overt eugenical thesis for making positive and negative selections within a population, and it is certainly as meretricious an example as was adopted some twenty-three centuries later. The Greeks also provide us with many examples of their understanding of heredity, albeit some of it very confused with 296 dalliances between gods and mortals, but nonetheless reflecting an understanding far beyond merely “like begets like.” Most ancient societies (and primitive ones today, e. g. Amazonian Yanarnamo) display an essential understanding of the nature of biological parenthood as opposed to the foster model. The codification of traditions and laws, while often displaying a tendency of the rulers to enshrine their special rights, more often reflects the societies’ demands for upholding the basic rights of its members, primary among these the rights associated with the breeding couple, in effect, the monogamous relationship. Intrusion into the sanctity of the reproductive function has usually been eschewed in the interests of group harmony. Human societies from time irnmemorial have practiced infanticide, but generally within the family unit, which is understandable when one considers that throughout most of mankind’s existence, the tribe comprised an extended family group unified by their genetic relationship. Barring for the moment consideration of the Four Horsemen, infanticide, particularly that of females, remained until the nineteenth century, the most available means of adjusting population to available resources. The practice of abortion through the use of poisons and primitive curettage techniques was exceptionally dangerous throughout most of human history. Infanticide often occurred not because of an imminent fear of starvation, but because of a human calculation of the relative costs. Unwed mothers with an unwanted pregnancy faced an issue with real social and financial costs to themselves and their unborn children (e.g. bastardy leading to social ostracism concomitantly precluding finding an acceptable mate). 297 Similarly, though starvation was not imminent, eugenicists thought their way of life threatened by the cost associated with their society’s propagation of unwanted children. In the 19’h and 20th centuries, middle class eugenicists’ class identity depended upon a highly complex social structure whose progress, if not existence seemed threatened by the multiplication of “hordes of the unfit.” In these terms, they perceived social degeneration as directly effecting the continued existence of their class (i.e. themselves and their progeny). As human societies progressed to more complex levels of organization, legal codes generally preserved the primacy of biological relationships. Yet, social complexity mirrored an ever more complex net of genetic relationships as societies became more diverse. These more complex relationships allowed for these larger and more genetically diverse social groups to promulgate new ways of understanding the groups’ identity. Progressively, group identity came to embody a definition based less on close genetic relationships of family than identities based on nation origin, social class and the more open genetic relationship of a “people” or “race.” In the nineteenth century, with the rapid pace of advance in the empirical sciences as means of understanding the world, a new rationalization of social relationships took place. In the industrializing societies of the West, scientific research gained primacy as a means of analyzing virtually everything in the physical world. The benefits from this methodology outstripped all previous means of potentially improving the human condition. New ideas for the organization of society, which provided for a more equitable distribution of societies’ wealth flourished, yet even these utopian visions often promoted a perspective darkly tinged with a hereditarian bias. 298 These biases were fueled by an evolving understanding of heredity, principally associated with a new explanation of speciation, Darwin’s theory of evolution. His theory of successive adaptations leading to speciation through a selection of the most “fit” in the competition for resources led to an array of self serving analyses of the merits of different human populations. A cursory analysis of societies demonstrated the contemporary primacy of Western technology and social organization, the use of which had also allowed them to exercise a political and military influence often disproportionate to their numbers. In Hitler’s eugenic philosophy of race the threat social degeneracy posed to the German peOple manifested itself not only internally, but also externally in the form of hostile neighboring countries competing for resources. For Hitler and many eugenicists with a racialist bent, social degeneration of their “culture-bearing” societies (from causes within or without) would lead to a failure to advance in the global competition and consequently threatened civilization itself. That Germany’s first eugenicists, Ploetz and Schallmayer saw the same threat in nationalist terms devoid of racial connotations shows that this perception was not simply a product of German racialist thought but related to a real situation on the ground. Their advanced scientific medical training merely provided them a new way to analyze geopolitical realities facing their nation. The increase in biological knowledge was most pronounced in its practical aspects by advances in public health and medical practice. The increasing survival rates for invasive surgeries, particularly thoracic surgery, allowed for new interventions in human reproduction. Both of the principal methods used to sterilize humans, salpingectomy and vasectomy appeared at the turn of the century. The advent of these 299 new means of intervening in human reproduction was not alone enough to lead to programs of compulsory sterilization, but it allowed a new definition of potential progeny as the “other,” which threatened the group’s interest. Concomitantly with advances in medical practice was the increased status of practitioners of the new “scientific medicine.” As physicians’ ability to successfully explain and intervene in disease processes increased, a tendency to medicalize or biologicize social problems developed simultaneously. This pattern emerged because the first and most efficacious interventions occurred in the realm of improvements in preventative public health policies, such as sewage removal, provision of clean water supplies and quarantines. The process was aided by the fact that in the as yet relatively undiversified fields of biology, many of the most notable researchers had acquired medical degrees as a foundation for their studies. Medical practice not only provided a means of subsidizing their research, but also conferred a measure of status to their research as a recognized practitioner of science. Like Sinclair Lewis’ Arrowsmith, Vaughan, Kellogg, Koch, Ehrlich, Ploetz and Schallmayer epitomized the physician researcher. The rationalization and standardization of medical training, certification and practice was advanced not only by physicians but other parties similarly interested in the rationalization of medical services. Philanthropists, largely technocrats drawn from the world of industry and merchandizing, had already realized the benefits of rationalization in their own endeavors and sought to impose these arrangements in the delivery of medical services. The increased status and remuneration these changes would provide physicians made them willing allies in these efforts. 300 The professional middle classes, most of whose expertise was based on technological knowledge in their respective fields shared an outlook based on the primacy of science as means of understanding the world. The sheer volume scientific scholarship prevented individuals from commanding a complete range of knowledge, thus specialists were depended upon to provide the necessary expertise in their fields. . Because research in biology proceeded along so many diverse fronts, the elaboration of various specialties in biology was developing, but recognition of these fields of study remained problematic as to their specific range of expertise and to their practical utility. This problem of organization and recognition contributed to physicians’ status as the authorities on biological issues. The efficacy of scientific research by physicians from the psychiatric to the surgical allowed them to present a public face of expertise across the range of human experience. The infant social sciences, which might have counterbalanced the tendency to “biologicize” social relationships, had as yet to achieve much in the way of practical knowledge or public recognition. Physicians, but especially physician-researchers played a major role in fostering public interest in eugenics as a scientific means of dealing with the perceived degeneracy facing society. Particularly in the U.S., Scandinavia and Germany, physicians were instrumental in persuading both public and government to adopt negative eugenic measures like compulsory sterilization. In Michigan, Drs. Victor Clarence Vaughan and John Harvey Kellogg represented the polarity in the evolving American medical system of practice and in their approach to genetics, yet both men supported sterilization of the “unfit.” Both physicians had imminent reputations both nationally and internationally. 301 ‘lt £.( Vaughan particularly epitomized the research doctor, working in his lab at the University of Michigan medical school, writing medical texts, lecturing, serving on AMA committees seeking to unify educational and practice standards while maintaining only a small private practice. The focus of his writings and teaching was directed towards other professionals. Like Kellogg and many of the new breed of scientifically trained physicians, he had traveled extensively in Europe to further his medical education. He had studied with Koch and read German medical research journals to keep up with the latest developments overseas. Vaughan was a devoted Mendelian from early in the century, as were most of the newly trained physicians. Kellogg also studied in Europe, but as a surgeon and active practitioner, his main concerns were with the development of his surgical technique and general therapeutics. As medical director of the Battle Creek Sanitarium, he popularized his medical philosophy to the public through Adventist and sanitarium publications, such as Good Health. His research, conducted at the sanitarium, centered on what he referred to as euthenics, the improvement of personal health habits. This focus reflected his Larnarckian perspective on heredity and his Adventist perspective on the value of self- help. Kellogg believed that the germ plasm could be improved through each generations’ adoption of healthier habits of living and through limited improvements in public health policy. Though neither man did eugenic research, they both closely followed developments here and abroad and reached similar conclusions for slightly different reasons. Both believed that degeneracy among the American population was on the rise, though they disagreed somewhat on the cause. Vaughan held that the increase was 302 principally due to differential birth rates between the better and lesser breeds while Kellogg thought that abuse of the body through lifestyle choices, poor diet, lack of proper rest and exercise and toxic substances contributed significantly. Both held those public measures to aid the unfit, and concomitantly to foster their breeding, only added to the problem, though Kellogg felt more of a moral obligation to help those in need. Both men, in slightly different ways, agreed that modern lifestyles fostered degeneration. Vaughan asserted that the lack of a proper commitment to middle class principles of devotion to family and certain moral virtues (e.g. aversion to greed and profligate lifestyles) led to decreased commitment to family and thus the lower birth rate of the middle class. Kellogg focused more on the direct physical effects of debilitating lifestyles and considered these the primary culprits in the swelling tide of degeneracy, though he also was shaken by the statistics on the numbers of the unfit being born. For Kellogg, this meant that the increase in negative lifestyles was already being reflected in a burgeoning number births of the hereditarily defective. The 1910 US. Census Report statistics concerning the institutionalized, whether in poor houses, hospitals for the insane, training schools for the feeblenrinded or penitentiaries revealed a far higher prevalence of degeneracy within the population than had previously been thought possible. As far as most people interested in eugenic measures were concerned, the jury was in on the magnitude and direction of the problem. The only question remaining was what actions needed to be taken, and how long would it take to implement corrective measures. 303 For Kellogg the situation called for both positive and negative measures, while for Vaughan the focus should be on negative measures. Both asserted that education was necessary, primarily directed at the better elements, though Kellogg still held out hope that some could be redeemed through euthenics. While neither of these men were particularly concerned with the “immigration” problem, other eugenicists like Harry Laughlin were staggered by the revelations contained in the Census Bureau’s Statistical Abstracts. Their figures indicated that a disproportionate amount of degenerate behavior was associated with the foreign-born. That most of the foreign born with social dysfunction problems had come from Ireland. was confounded by their emphasis on Southern and Eastern Europeans as the groups most threatening to the nation’s future. These latest arrivals were so culturally dissimilar from the native born that many in the middle class wondered whether they were at all assimilable (i.e. a humoral perspective on ethnic political character), while others considered these late arrivals a direct threat to the socio/political systems and the nation’s germ plasm itself. When immigration restriction legislation was being promulgated at the federal level in the 19205, immigration was not a major issue for Michigan’s eugenicists. The native born population was still largely rural and thus unthreatened by job competition from foreign laborers, while the growing industries in the cities needed the influx of workers. Michigan’s eugenicists prime concern was with the degeneration they perceived among the native born population. Vaughan like most eugenicists the world over espoused a racialist philosophy, which held that races differed in their adaptations to their original environments. This 304 form of racialism reflected not so much racism as it is currently understood, but rather concepts of ethnicity with all their cultural accoutrements bound up as hereditary adaptations. In this sense, the old humoral understandings of racial differences had been merely repackaged in Darwinian terms. Vaughan, like most Anglo-Saxon and Western European eugenicists, presumed that within the hierarchy of racial types that their races had displayed a superiority self evident in their contemporary technological and political dominance throughout the world. They explained the contemporary success of their forbears as something peculiar to the environmental circumstances their ancestors had adapted to, and further conforming to the old humoral ideas of race, asserted that “mixing” of the races generally led to a degenerate type of offspring. In humoral thinking this arose as a consequence of blending very different humoral types resulting in unbalanced constitutions in the progeny. This perspective could only be supported in Darwinian terms by characterizing vague character and cultural traits as hereditary types. Support for such views, was generally anecdotal though some rather dubious studies were occasionally cited. Because of the social stigma associated with rrriscegenation, eugenicists generally spoke of race in academic terms, as it was not something they felt impinged significantly on their race. In the U.S., concerns regarding competition between the whites and blacks was muted from the white side by the fact that the African-American percentage of the population had steadily decreased since the end of the Civil War. In the first decades of the century, Cooperationists, such as, Booker T. Washington who had attended Kellogg’s Race Betterment Foundation conference, sought white assistance in their goals of attaining educational and economic equality. Thus, they were unlikely to oppose the 305 white middle class Northerners whose primary eugenic concern was with degeneration within their own race. Perhaps the most ironic illustration was the cooperation and mutual support provided by some representatives of Amerindian tribes, Virginia’s Anglo-Saxon Clubs and Marcus Garvey’s United Negro Improvement Association. Race was generally not an important factor in most state’s sterilization efforts because institutions for the African-American population were generally under funded or virtually non-existent. In those institutions, where significant numbers of African- American patients were operated upon, most physicians carrying out the procedures were white but the black ancillary staff (nursing and aid) generally was in accord with the policies. A question of how powerful the white doctor’s authority and prestige was in influencing the staff might be compared to the situation in the Tuskegee Experiment with those physician’s enlistment of nurse Eunice Rivers to further their plans. In general though, racial discrimination in this sense was basically lacking for what one might refer to as “benign neglect.” Sterilization programs among states in the US. differed in many different ways. One way of viewing the differences is in terms of when the states enacted and implemented their agendas. To some degree the timing reflected the legal climate with many states waiting for the judicial picture to become clearer with ongoing court cases throughout the states and finally at the federal level. The upsurge in such legislation following the US. Supreme Court’s Buck v. Bell case being the most pertinent example. As the judicial situation evolved and more states adopted such measures, medical knowledge regarding the most appropriate candidates for such actions also changed 306 leading to some states choosing at various times to concentrate on the insane, criminal, feeblerrrinded, alcoholic, epileptic or some combination of the above. The dissemination of medical knowledge also varied over time and place and thus states with such legislation differed not only as to when the laws were enacted, but also in regards to the contemporary state of knowledge of medical practitioners advocating the laws. In many Southern states, institutions of higher education had still not recovered from the effects of the Civil War, and thus physicians whose information was considerably out of date guided many Southern legislatures enacting laws in the 19305. States leading the way in negative eugenic measures generally had highly respected allopathic medical schools, which had adopted curricula in keeping with the new “scientific” practice of medicine. In Michigan, the University of Michigan provided Vaughan and other supporters of eugenics a world renowned venue from which to espouse their medical philosophies. Other eugenics supporters at the universities also provided a kind of multidisciplinary support by representing various faculties with similar interests in these measures. State and local medical societies were instrumental in providing a united and respected front for such measures. States with impressive medical schools also had well- organized medical societies linked to the American Medical Association, which provided even greater prestige for their cause. In the absence of countervailing pressures (e. g. significant religious opposition), these states were most often able to enact and carry out such legislation. Vaughan as a leader of the AMA, and Kellogg by dint of his reputation as a surgeon, popular medical publicist, and director of a highly respected sanitarium brought enormous prestige to their endeavors. 307 The organization and provision of institutional care was also a prime factor in determining which states would be most successful in implementing such policies. In states where institutional care was well developed and under state control, such programs proceeded rapidly. Thus those Northern states with rapidly developing social infrastructure programs were prime candidates for early promotion of such programs in that their bureaucracies were most likely to ascertain and “solve” the problem first. Kellogg and Vaughan, with their service on various state health boards and committees, had developed important contacts within state government and thus were in positions to foster the adoption of such legislation. Kellogg’s Race Betterment Foundation provided a conspicuous platform for espousing eugenics within the state, particularly as it drew its membership from a broad cross section of political, educational and scientific elites. The RBF conferences garnered support from business and government leaders from across the nation, not to mention researchers from a variety of scientific endeavors sometimes only marginally connected to eugenics. Often regional variations also reflected political realities in the state legislatures. Those states that first enacted such laws generally had strong Republican majorities. This was not so much a representation of conservatism within the states as a holdover from the post Civil War political reality in most states. Indeed, in many states the Republicans had remained the party of progress. This was certainly the case in Michigan until the 1932 election. Political realities made themselves evident in various ways in the different states. In Indiana, where Dr. Harry Sharpe had performed the first vasectomy and proceeded to 308 embark on a program of mass sterilization without the aegis of legislation, the state’s governor put an effective end to such practices by refusing to accept the legislature’s somewhat tardy imprimatur for Dr. Sharpe’s practice. Governor William Sproul of Pennsylvania likewise, acted to halt his legislature’s efforts to enact such a program. In Michigan, the governors showed no such reluctance in accepting a series of laws. Dr. Sharpe’s case is particularly interesting, in that he reflects a tendency in many countries that would adopt sterilization legislation. In the Scandinavian countries and Germany, there were often those physicians, usually serving as provincial or institutional medical authorities who took upon' themselves the onus of instigating such procedures without the protection of the law. In some cases they would eventually be prevented from continuing their practices, but in any event they provided impetus for their supporters to enact legislation. Perhaps the most signal reason why states with similar patterns of development failed to adopt such laws was the presence of significant Catholic constituencies in the electorate. While eugenics is often categorized as an Anglo-Saxon Protestant reformist or progressive phenomenon, the emphasis should be placed first upon the Protestant aspect. States with large populations of Nordic descent such as Minnesota and Wisconsin were just as apt to pass such laws, while Eastern states like Massachusetts, New York and New Jersey found the religious opposition insurmountable. Connecticut, Delaware and Maine with predominately Protestant populations prove the rule by being virtually the only states in the Northeast to adopt sterilization legislation. Interestingly this pattern was also exhibited in the international arena. Those European countries adopting such programs were principally Protestant nations with 309 insignificant religious opposition. The Scandinavian nations of Norway, Denmark, Sweden and Finland all adopted sterilization at approximately the same time, and were joined by such other Lutheran nations such as Estonia and Iceland. Other countries with strong Protestant traditions like Czechoslovakia and Holland seriously considered such laws, but failed to enact them. Unfortunately, insufficient source material is available on why the outcome was different in the latter states. That compulsory sterilization laws appeared almost exclusively in nations with dominant Protestant majorities seems to indicate the influence the Protestant work ethic’s tendency to devalue unproductive members of society had on the adoption of such policies. Liberal democratic regimes, usually represented by Social-Democratic parties, introduced such laws with virtually no opposition. Like the situation in Michigan, physicians, particularly from prominent research institutions, provided an important- lobbying effort in the parliaments and among the general population. They were joined by academics from a wide range of fields, individuals associated with institutional care, and those especially concerned with a perceived rise in crime. They differed from Michigan and similar industrializing, progressive states in the U.S., in that all were experiencing declines in birth rate and significant emigration. Their concerns regarding degeneration focused on the declining birth rates among the better classes, and concomitantly a perceived increase in the socially dysfunctional elements due to the public’s support of them through social welfare programs. Perceptions of changing demographics were important determinants in opting for negative measures and in who was to be described as the principle problem group. Generally, decreasing population led to an internal focus while increasing population led to the defining of both 310 internal and external threats. Sometimes the external threats were simply immigrants competing against the native-born for resources, but as was the case in Germany, the threat was manifested in entire national and racial groups. During the Weimar period, calls for a German sterilization statute generally cited the same reasons as those in the US. and Scandinavia. The Prussian upper house had formulated a bill before the demise of its government to the Nazis, which would become the basis for the Nazi law. Significantly, it was a North German state that first promulgated such a law, reflecting the demographics of religious affiliation within Germany. Strong Catholic opposition in the southern provinces could have been expected. This would have reflected the situation in Switzerland where only a few Swiss cantons had such legislation; the largely Catholic French- and Italian-speaking populations precluding the adoption of a national statute. Like the U.S., the federal system of government allowed some cantons to enact such legislation irrespective of a national consensus. Thus, Germany would seem to provide an exception to this rule, but the opposition was effectively steam-rollered by the Nazi regime implementing a nationwide program. The German program was of enormous size and proceeded rapidly to sterilize somewhere between 300,000-400,000 people in less than a decade. Some historians have tied the decrease in the number of sterilizations by the end of the 19305 to the beginning of the euthanasia program and there is no doubt some truth in this, but equally obviously the German program was approaching the accomplishment of its goals. The vigorous support of some American eugenicists and the example set by state policies in the US. directly influenced the adoption of laws in European nations, most 311 particularly in Germany. Many American advocates of compulsory sterilization pointed favorably to Germany’s achievements in the field as an example of what could be accomplished. After 1933, the Scandinavian countries principally looked to Germany for their example, many Nordic eugenicists rejecting the American example. The timing of the adoption of their laws is significant in that they enacted their legislation as the effects of the Depression were being felt and as a measure to prevent the collapse of social welfare spending. The public had been prepared by years of propagandizing by eugenics advocates, and their governments sought measures that would allay the public’s fears of degeneration, while providing a means of immediately relieving some of he costs of segregated institutionalization. The added benefit was that even if current budgets were not substantially relieved, at least the government could be seen as implementing measures with potential and permanent benefits. Concerns regarding the expense of providing care for the socially dysfunctional figured prominently in all discussions of negative eugenic measures. In many US. states, such laws were not passed until well into the Depression, yet the picture is often hard to discern as the Buck v. Bell case of 1927 provided a legal green light to those states that had considered such laws, but were waiting for judicial clarity. Since many state legislatures convened only biannually there was a flood of such legislation passed in the subsequent odd years after the Supreme Court’s decision. Michigan’s most comprehensive law passed in 1929, but before the long-term effects of the Depression had been felt. Likewise, the reasons behind the escalation in the implementation of Michigan’s new law afford little means of discriminating whether the prime motivation was the 312 impetus of budgetary savings to the state or merely the fact that the new law allowed a broader categorization of patients subject to the statute. There is little doubt both were significant. Regional variation in implementing the US. laws occurred in sometimes ironic ways. In many states that adopted such ordinances as a means of reducing institutional costs early on, the laws were employed more prodigiously during the Depression than before, while in other states the opposite occurred. Some Southern states, such as Mississippi, found themselves in such desperate financial straits that they were unable to finance the costs of operations. Regional variations occurred at almost every level throughout those states and nations utilizing such laws. In the Scandinavian countries, the threat of degeneration was perceived mainly in the cities and the legal infrastructures for carrying out the provisions of the law were far more developed there. As with Hitler’s eugenics, the rural peasant classes were also celebrated in Scandinavian eugenics as the basis of the countries’ “good stock.” Thus most sterilization requests emanated from the cities, and rural provinces and districts accounted for a smaller proportion of the operations. In the U.S., the federal system of government allowed states the right to enact such laws, subject only to review of the laws’ constitutionality (e.g. most generally in relation to the 14th Amendment). Yet even within states, differences in how the laws operated were evident from county to county. This diversity reflected to some degree where state institutions were located, but also reflected how local judges, and directors of institutions and welfare programs decided to use the laws. 313 In Michigan, the largest number of sterilizations were performed in Lapeer county where the state’s largest home and training center for the feebleminded was located. After passage of the 1929 law, which now allowed for the sterilization of the insane, the Kalamazoo State Hospital for the Insane started sterilizing patients in what one observer called a “promiscuous” manner. While the reasons behind these institutions’ policies seem evident, they become less so when compared with other state institutions caring for similar categories of patients, but with much lower proportional numbers of such operations. In Kent county, one probate judge active in the eugenics movement almost single-handedly instigated a program of sterilizing the county’s dysgenic elements, while another probate judge in Genessee county with a similar demographics was unsure of the law’s use and even its legality. In Ann Arbor, the University of Michigan’s hospital performed numerous sterilizations though even an approximate number can not be ascertained because the categorization of such operations changed over time. When the hospital was approached by the Human Betterment Foundation in an effort to glean figures for their propagandizing the benefits of compulsory sterilization statutes, the administrative staff first provided some rather unusual numbers. Upon subsequent requests, the hospital declined to reveal further information on such operations, as it might constitute a breach of patient confidentiality. In effect, the operations were now being classified under medical indications rather than as procedures carried out under the aegis of the law. It was ironic that the organization that sought to promote compulsory sterilization by demonstrating to the uninitiated what benefits accrued from such legislation brought about the first real threat to utilization of the statutes. In the HBF’s zeal to correlate 314 evidence of the state’s success, they inadvertently brought about the first realization that nobody was apparently monitoring the law’s application. The Univeristy of Michigan hospital referred the HBF requests on the operation of the law to various state agencies and probate judges with a truly bizarre range of responses. The state welfare department maintained no statewide figures and institutions seemed answerable only to the state’s Hospital Comrrrission and the Board of Corrections and Charities, who were strangely unresponsive. Judges in Kent and Genessee counties provided astoundingly different views on the how the law could and was used. Nevertheless, the operations proceeded albeit with more supervision. Again, a single individual in a position of power could radically influence the use of such laws. In Michigan, one warden of the state reformatory in Ionia arranged for the castration of over twenty inmates as did the director of the institution for the feebleminded in Lapeer. Similar situations arose in some Scandinavian countries where sex offenders were also sterilized as a means of reducing their sex drives. A primary motivation in the requests to sterilize institutionalized male patients focused on attempts to make them more manageable. Dr. Sharpe had put this forward as the reason for his operations at the Jefferson Reformatory in Indiana and many institutional authorities followed his lead. Over time belief in the efficacy of this treatment waxed and waned, often varying with the type of patient being considered. Sometimes the insane were singled out and at other times the feebleminded. In California, this perspective had faded by the time it became increasingly popular elsewhere largely due to Paul Popenoe’s book promoting California’s experience with the policy. Physicians in the American South and some Scandinavian countries were 315 still advocating sterilization of the insane and feebleminded as a means of managing their patients’ sex drives long after many California institutions had abandoned such policies. In any event, these indications hardly constituted a eugenic argument for sterilization, though eugenicists advocating compulsory sterilization were generally loathe to condemn such practices as they generally sanctioned the sterilization of such patients for their own reasons (i.e. mental dysfunction as eugenic indication). Sterilization at the Kalamazoo State Hospital followed this pattern until state authorities began to question the hospital director’s policies. The sterilization of women followed the same pattern in the vast majority of jurisdictions having sterilization laws. Internationally, female sterilizations accounted for more than 65% of the totals and in some areas far more than that. Michigan’s female patient population was sterilized at a rate approximately three times greater than that for men. In Scandinavia, the proportions were even higher ranging from 80 to over 90 percent. Within the US. these totals proportions varied greatly with some states sterilizing men twice as frequently as women and others nearly equal proportions were attained. Why these variations occurred remains unclear as not enough research into various state programs has as yet been published in the secondary sources. Some reasons for the general disproportion can be advanced though. Differences in the inheritance and severity of genetic dysfunction between men and women explain some of the problem. Because of the extra genetic information contained on women’s second “x” chromosome the severity of genetic disease is often substantially mediated. For example, muscular dystrophy is almost exclusively a male disease with females in the 316 line serving as carriers of the defect. Similarly, among those afflicted with Down’s syndrome, the severity of the males dysfunction is usually much more pronounced. Therefore, women would be much more likely to be offered parole and many operations were performed as a condition for release from the institutions. Another reason given for female sterilization was a medical indication. This often served as a means of birth control in an age when abortion was generally illegal and other forms of birth control were unavailable. This could be ascertained from some of the records in Michigan’s archives and most certainly was the case in many operations done in Scandinavia. The conjunction of birth control and sterilization in eugenics movements was evident throughout many nations. In the U.S., birth control advocate, Margaret Sanger, supported both mandatory sterilization for eugenic reasons and as a matter of personal choice. The transformation of the New Jersey League for Sterilization from an. organization dedicated to the passage of a compulsory sterilization law into one advocating the adoption of a voluntary sterilization bill only secondarily dedicated to allowing operations on the institutionalized is the most pertinent example. More insidious were those procedures performed for medical indications, such as post partum depression, and tired or weak mother syndrome. The large number of such cases in Scandinavian records may explain the disproportionate number of women sterilized in these countries. While evidence for these types of operations exist in Michigan’s limited selection of records, it is difficult to determine how prevalent such practices were. 317 In some cases, doctors made such decisions under rather questionable circumstances in the operating room when conducting other procedures. The surgeon’s decisions could often go unquestioned in a time when rapid pathological tests were unavailable. Whether an organ or tissue was malignant was a judgement call often left to the surgeons’ discretion as subsequent operations in the pre-antibiotic age greatly increased the risks to a patient. Almost anyone involved in the surgical/obstetrics and pathology fields through the 19605 knew of such sometimes questionable cases. In the medical jargon of the time, such patients were sometimes referred to as FLPs, the “Funny Looking Parents” of FLKs, “Funny Looking Kids.” This cavalier attitude within the medical profession serves to demonstrate the degree to which a hereditarian bias existed among some in the professions. The Second World War is often cited as an example of the slippery slope to which negative eugenics leads. Indeed, Hitler’s programs for the eradication of “lives not worth living.” “useless eaters,” and “subhuman types,” which were complemented by programs to “rescue” Aryan children from isolated enclaves within his newly extended Reich all qualify his regime’s efforts as a full-fledged racist version of eugenic selection. Yet, the continuing prevalence and in some cases increases in the number of sterilizations performed following the war demonstrate that many people failed to make that connection with their own programs. Sterilization in Scandinavia increased following the war as it did in some states in the US. In Michigan, as in other states there was a noticeable increase following a dip during the war. This reflects the fact that many physicians were drawn into the service 318 and were thus seeking to clear up a backlog of cases upon their return. In some states, the war did effectively spell the demise of a state program for rather ironic reasons. States with small physician populations in the South often lost the only surgeon available to carry out their procedures putting the programs in a limbo from which they only marginally recovered. Generally the 19505 witnessed a nationwide reduction in the number of sterilizations performed, but in some states (e. g. North Carolina and Virginia) programs only began to reach their highest levels of implementation following the war. The decrease in California’s use of sterilization marked the most significant point in the decrease in nationwide use of such laws throughout this period, but other states continued with their policies. Michigan continued to sterilize patients in ever decreasing numbers throughout the following decades, but such operations ceased in the 19705. By that time, sterilization as a personal choice for birth control purposes became the focus for advocates. New coalitions formed to advocate the legalization of abortion and wider availability of birth control for many of the same reasons as had been put forth before for compulsory sterilization. A higher moral ground could be claimed in that protection of all mothers (from the horrors of backroom abortions) and their personal choices formed the basis for these calls. The efficacy of new technological advances in birth control, the pill and IUDs, also contributed to making sterilization less onerous as just a more permanent means of birth control. Eugenics lost most of its compulsory aspects, in part, because public awareness had changed and coercion was no longer required. Parents and guardians could 319 more often be persuaded to volunteer afflicted offspring for operations as releasing them from the burden of unwanted pregnancies. This formula played into contemporary efforts to mainstream the institutionalized and allowed for an easier transition in regards to both public fears regarding the promiscuity of those paroled and the personal fears of their guardians for their ability to suitably adjust to their new situation. Through a similar evolution, eugenics was transformed into genetic counseling. Planned Parenthood centers in a sense became the eugenics strongholds of the latter decades of the 20th century. In that they provide their services to a wide population and represent a relative triumph of education in eugenic matters, the fondest dreams of earlier eugenicists would have been realized. The early eugenicists recognized a problem that the available data indicated was severe and imnrinent. They chose to respond with a forceful program to meet a perceived threat that is easily dismissed today. This does little justice to peOple who for the most part were well-meaning even though they lacked the ethical standards we assume to be so self-evident today. It is easy to forget the dimensions of the problems they thought they faced, and we would do well to remember that most of their exhortations were not for immediate improvements that would benefit themselves but for their descendants. Technological improvements, advances in the sciences and the further elaboration of codes of medical ethics have provided us with a measure of perspective unavailable to them. Sterilization was a new technology at the beginning of the 20’h century and seemed to provide a means of accomplishing their goals with a relative minimum of 320 deleterious consequences to those affected. Their cavalier attitude in regards to those unfortunately labeled as socially inadequate, as they were so often characterized, represented a general perspective of the times. That many of those most involved with advocating and carrying out such policies were intimately involved in the care of the afflicted should make us pause before passing judgement on whether or not their actions were motivated by what they viewed as a higher calling. Virtually any judgement human beings make is justified on numerous levels. The economic benefits that might be seen to accrue from the savings sterilization could provide is often cited as evidence of selfish self interest, it could also be construed as a valuable utilitarian argument for persuading those unresponsive to pleas for the consideration of the eugenic future of generations yet to be born. This is particularly true when one considers that most eugenicists were fully aware that most of the benefits of their proposals, monetary and genetic, would not be realized for generations. The study of eugenics shows us a how technology and scientific knowledge changes over time interacting with social perspectives to provide for evolving public policies and transforming viewpoints. Our current codes of medical ethics have much to do with the mistakes made in the past, but judging these individuals by contemporary standards seems to be the only reasonable was to adjudge their actions. By contemporary standards, they generally showed a firm commitment to protecting the interests of patients with statutes formulated accordingly. It is convenient to label eugenics as a pseudo-science whose time has fortunately passed, but I would argue that eugenics is still with us in many forms. Amniocentesis as a means of detecting birth defects has little relevance without its conjunction with a 321 eugenic choice to abort the fetus. How will this practice be adjudged in twenty years or less when gene therapies exist to correct such defects? Gross anatomical defects that today can be corrected with rrricrosurgical techniques, often in the intrauterine environment, already prevent many of the unborn from being discarded. Yet, in our zeal to save many of the severely deformed, the associated costs of some medical interventions threaten to bankrupt medical budgets. We like so many generations before us generally choose to sacrifice those to whom we have the least connections; today that is the unborn. If there is a continuum of reproduction from spermatozoa and oocytes through to reproductive adults, in a sense all we have done is to substitute the death of one group over another. Eugenicists sacrificed the reproductive cells of those they perceived as dysgenic, we with more technological certainty sacrifice presumptively defective fetuses. Less to our moral credit, we also justify the extinction of the conceived and yet unborn as a matter of personal choice while condemning those early eugenicists for intervening in the reproductive autonomy of people (e. g. feeblenrinded) who to this day are generally sterilized on the personal fiat of their guardians. Some medical ethicists, such as Peter Singer of Princeton have gone so far as to suggest that parents as a matter of personal choice be able to dispatch their offspring up to a month after birth. Dr. Singer, a vocal advocate of animal rights developed his philosophy from his concern over man’s impact on the environment and our threat to the world’s other species. Indeed, the burgeoning numbers of human beings are causing enormous damage to the habitats of our fellow travelers on this planet. While Singer’s suggestions may seem outlandish, his concerns are not misplaced. 322 India and China have found it necessary to curtail the reproductive rights of their people in a eugenics that in some measure reflects the German definition of eugenics, Rassenhygiene. a eugenics where the optimization of population figures prominently into the equation of national efficiency. In both countries, restrictions on the number of births has led to a focus, for those who can afford it, to eugenic choices in the selection of what fetuses will be taken to term. With the growing availability of genetic testing these kinds of decisions will become progressively more eugenic in every sense of the word. The spread of these perspectives can only be expected to increase as the human population goes from six billion to ten billion in the next twenty years. While today we are limited to negative measures in the exclusion of those of the unborn found to be defective, in the very near future we will be able to exclude on a qualitative basis that will be equivalent to a positive eugenics. Selection for only those children that will meet higher and higher criteria will be commonplace, as they will need these advantages to compete against others similarly selected. Ever costlier medical technologies will inevitably lead to tighter medical resources, which will make governmental and private health programs focus on insuring that prospective parents take advantage of these methodologies as a means of containing long-term costs. Gene therapies for the insertion of certain traits will become available and we will avail ourselves of them, because to not do so will amount to handicapping our children. The methods will come in under the radar screens of many, because the technology develops as efforts to cure genetic diseases (e. g. current attempts at insertion of functional dystrophin genes in muscular dystrophy patients). 323 Some of the eugenicists’ worst fears have also been realized in the form of increased rates of illegitimacy and single parent households and the concomitant sufferings of children raised without the benefit of two parent families. Promiscuity has led to increased rates in the transmission of venereal disease and related sterility and birth defects. Our misuse of antibiotics leading to ever more resistant strains merely compounds the problem of high rates of infection and increasing levels of virulence, morbidity and mortality. Many of their suspicions about the hereditary nature of predispositions to various afflictions from manic depression to alcoholism have been borne out by modern genetics, albeit not in the precise manner the earlier eugenicists described. The emerging technologies mentioned above will make many of the eugenicists’ most dire protections superfluous to those who take advantage of these technologies. The world envisioned in John Brunner’s Stand on Zanzibar is a much more likely than that of Aldous Huxley’s Brave New World. Kellogg and Vaughan were dedicated physicians who spent their lives promoting medical education and advancing public and private health care. They put their own lives at risk in these pursuits. In his selfless desire to care for his sanitarium patients, Kellogg seldom slept more than five hours a night, and added to his load by his quest to discover the nature of environmental toxins and promote his theories to the public. Vaughan similarly fought for advances in medical knowledge risking his own life in the jungle to find the cause of yellow fever, emerging as the only survivor of the medical team sent forth. Their eugenics philosophies and efforts were as a piece of these works. 324 Bibliographical Essay The first historical treatment of eugenic sterilization in America was Dr. Harry Laughlin’s Eugenical Sterilization in the United Sta_t§, (Chicago: Chicago Psychopathic Laboratory, 1922). Laughlin was the head of the Eugenics Record Office and an influential advocate for eugenic interpretations and solutions for a variety of perceived social problems. In Congressional hearings, he was called as an expert on eugenic issues relative to immigration restriction and was influential in promoting a scheme of national origins epitomized in the 1924 immigration legislation. In 1927, he was called as an expert witness in the era’s most important eugenics judicial decision, Virginia’s Buck v. Bell case. The resulting US. Supreme Court decision sanctioning the compulsory sterilization of a variety of people categorized as dysgenic opened the doors for the enactment of such legislation throughout the nation. Laughlin’s E_ugenical Sterilization proved instrumental in bringing this to pass. The book was an examination of the judicial decisions regarding such legislation throughout the country, and a compendium of data on the effectiveness of the measures. In so far as his research of legal precedents and issues influencing the operation of such laws, Laughlin proved remarkably objective. His analysis often noted the importance of individual decision-makers within political and institutional infrastructures. From superintendents of institutions, through social workers, to governors, many outside the courts had the power to impact the laws’ operations. To counteract deficiencies in the various states’ laws which had resulted in a rather haphazard implementation of the eugenicists’ agenda of compulsory sterilization, Laughlin provided a succinct “model 325 law” formulated from previous legal precedents and encapsulating his rather broad range of eugenic categories. His text provides the best review of the related legal decisions and provides an accurate historical overview of the sterilization programs extant. The Virginia sterilization statute was founded upon principles laid down in Laughlin’s book. The Supreme Court’s decision and the lack of serious challenges to it, meant that Laughlin’s u'eatise fairly encompassed the legal history of eugenics for decades before and after in that the enactment of most subsequent state legislation was guided by Laughlin’s “model law.” Paul Popenoe’s study, Sterilizatiorflnd Hu_m_an Betterment. (New York: The Macmillan Company, 1929) arose from collaboration with eugenics advocates in California’s institutional infrastructure. Popenoe was a founder of the southern California chapter of the American Eugenics Society and editor of the influential Journal of Heredity. At the behest of the state authorities, he undertook a sociological analysis of California’s efforts in eugenic sterilization, the nations’ then most extensive program in terms of duration and size. The text provides accurate assessments of the categories and numbers of patients involved in the state’s program and many insights into the contemporary discussion of medical, philosophical and institutional issues related to sterilization legislation. Popenoe’s estimates on the cost savings accrued to the state through its policies restricting the propagation of dysgenic elements pose the most questionable parts of the work colored as they were by contemporary theories on inheritance. 326 In 1930, Popenoe with E]. Gosney, a retired businessman and philanthropist with an interest in eugenics, published Sterilization for Hum_an Betterment: A Summary of Results of 6,000 Operations in California, 1909-1929. (New York: The Macmillan Company, 1930). Based on Poponoe’s study, which was aided by the active cooperation of California’s institutions, the book’s theme was essentially on the benefits derived from such a program. The Gosney-Popenoe collaboration continued in the establishment of the Human Betterment Foundation, which in its efforts to propagandize for such programs, became the most important national clearinghouse for statistical information on various eugenic sterilization programs throughout the nation. With the foundation’s demise in 1942, other organizations, such as the New Jersey League for Sexual Sterilization and subsequently the related Birthright organization inherited the foundation’s task of collating the effects of legislation throughout the states. The statistics compiled by such groups constitute the most comprehensive data sets available on compulsory sterilization in this nation. These records catalogued in the Social Welfare History Archive of the University of Minnesota remain the most authoritative statistical compilations extant. The Journal of Heredity, while providing little historical analysis on the development of eugenic thought or policy, informed both laymen and professionals of contemporary genetic research. Popenoe, though an advocate of compulsory sterilization, proved an objective editor of the joumal’s scientific content, and generally minimized the inclusion of his own eugenic agenda within its pages. For the historian, the journal provides a demonstration of the contemporary association of studies of eugenics and genetics. 327 Jacob Landman, a lawyer and critic of eugenic sterilization was awarded a doctorate for his study of sterilization, which resulted in the 1932 publication of @132 Sterilization: The History of the Human Sterilization Movement. (New York: The Macmillan Company, 1932). Landman compiled statistical data on virtually every state program and those legal decisions subsequent to Laughlin’s study. While he was particularly critical of some of the dubious classifications used to justify sterilization cases, Landman acceded to the eugenic value of such laws in particular cases. In retrospect this would prove particularly ironic for the Jewish Landman, when in 1936, he penned an article for the Survey Graphic supporting the German sterilization law as eugenic and not directed against non-Aryans. For the historical study of eugenic sterilization programs, these authors provide the most authoritative and objective compilations on the facts regarding the actual practice and organization of sterilization programs in the United States. The range of contemporary works related to eugenic philosophy is as disparate as the authors’ agendas. Texts on evolution, social science, medicine, genetics, agriculture to name but a few, often carried on a eugenic discourse, often complimented by the public pronouncements of various professional and lay advocates of eugenics or measure nominally related. More directly political in its tone and less substantial in providing documentation for its claims, was Walter Galligan’s The Sterilizzflm of the Unfit. (London: T. Werner Laurie Ltd., 1929). Directed towards and English audience, Galligan’s text provided a comprehensive elucidation of contemporary arguments for compulsory sterilization legislation. 328 Moya Woodson’s Sterilization in North Carolina: A Sociological and Psychological Study (Chapel Hill: The University of North Carolina Press, 1950) presents perhaps the most complete study of the process of a compulsory sterilization program produced since the 19305. Though Woodson’s project dealt only with the North Carolina experience, the level of cooperation she received from authorities in the state gave her unprecedented access to the individuals responsible for carrying out such policies. Her systematic survey encompassed a wide range of variation in actual practice, which had remained largely anecdotal in other treatments on eugenic practices. Mark Haller’s ligenics: Heredita_ri_an Attittges in AmericaaThougat. (New Brunswick: Rutgers, University Press, 1963) provided the first modern American intellectual history of eugenics in the United States. Haller’s research material comprised not only the professional journals of American and English eugenicists, but also the important texts and documents of leading eugenicists and founders such as Sir Francis Galton, Charles Davenport of the ERO and Charles Fairfield Osborn of the American Eugenics Society. Much of Haller’s work was inspired and informed by Richard Hofstadter’s m Darwinism in American ThoJugfl. (Boston: Beacon Press, 1955) though the work discusses eugenics principally in terms of an intellectual product, and was not directly concerned with, the history of eugenic policy per se. Haller surveyed the journals and Proceedings from groups as diverse as Eugenics Review, a product of Great Britain’s Eugenics Education Society to the Proceedings of the National Conference on Charities and Corrections, later the National Council of Social Work. Haller also collected a plethora of eugenic pronouncements made in a 329 variety of public venues by the diverse range of critics and advocates of eugenic philosophy or policy. Haller’s text provides the first cohesive history on the American eugenics movement and its principal advocates and critics. While the book provides only a general breakdown of the demographic realities of American sterilization programs, it does demonstrate the evolution of American attitudes toward eugenic philosophy, and the broad array of agendas that claimed an intellectual affiliation. Much of the writing, which would become the sociobiology debate was prompted by ED. Wilson’s 1975 publication of Sociobiology. Wilson, an evolutionary biologist, promoted sociobiology as a new field of study, which demanded the active inclusion of sociology, the social sciences, and the humanities in evolutionary theory. The book provoked new interest and debate over questions of evolutionary biology and its relevance to social behavior and collaterally to the development of social policy. It was often criticized for its apparent message of "biological destiny," and thus construed as an implicit affirmation of eugenic philosophy. While the history of the sociobiology debates of the last two and a half decades is beyond the context of this review, and the such texts often only tangentially relate to the history of applied eugenics, it must be noted that in particular regards to intellectual history, these works have been instrumental in constructing a modern discourse on eugenics. The ongoing debate provided a valuable impetus to the study of eugenics as a means of demonstrating past misuses of scientific information. In the debates less subtle iterations, the Holocaust often stood in symbolically as the ultimate result of eugenic philosophy and policy gone awry, and protagonists’ socio- 330 political concerns colored their interpretations of eugenics accordingly. A consensus existed on one side of the debate regarding a general condemnation of the practical results of eugenics policy, i.e. the forced sterilization of those labeled socially dysfunctional in the US. and the application of even more extreme measures in the Nazi state. Inasmuch as the latter example was morally indefensible to most of the debate’s participants, the historical focus on eugenics revolved around the intellectual constructs which supported the philosophy and its practical applications to social issues. Daniel Kevles’ In the Name of Egugenics: Genetics and the Uses of Hung Heredity. (Berkeley: University of California Press, 1985) further developed the analysis of the intellectual history of eugenic thought focusing more sharply on the philosophical connections between eugenicists in England, Germany and the United States. Kevles surveyed an even broader range of primary sources than Haller, but the general restriction to English and American materials, precluded the extensive comparisons to European programs and discourses which would inform much of the later work on the intellectual history of eugenics. Professors Haller and Kevles were instrumental in establishing the primary source materials in the study of eugenics and its intellectual relationships in the English speaking world. Kevles study of the importance of the English eugenics movement on both American and German contemporaries established many of the intellectual connections between participants in the three countries. Both authors explicitly stated the continuing importance of eugenic thought and their fears of the potential abuse of contemporary findings in the field of genetics as a reason for their studies. While the results of the German experience with eugenic policies 33] of the Nazi period punctuate the fears of most who study eugenics, these authors’ efforts to contextualize their studies in terms of the potential future abuse of genetic information sometimes led them to color their characterizations of eugenicists and their philosophies in terms of knowledge unavailable to the eugenicists they studied. These biases aside, these two authors identified the canon of English language source material on the subject and developed intellectual constructs for future historical analyses. Drawing on source materials in the sciences and popular journals magazine and eugenic exhibitions, these studies revealed the philosophical and political diversity of eugenics proponents and their relations to the popular eugenics philosophies and agendas of their contemporaries. Though a full disquisition on works related to the sociobiology debate is beyond the scope of this review, the importance of the debate to prompting and influencing historical research in the field necessitates mention of those texts, which touched more directly on the history of eugenics. Robert Bannister’s Social Darwinism: Science and Myth in Aaglo-America_n Social Thought. (Philadelphia: Temple University Press, 1979) like Hofstader’s work focused less on the practical efforts of eugenicists than on the intellectual constructs inherent in Social Darwinism. Bannister’s source material while broad, lacked the breadth of research Kevles brought together in his work both in terms of its relation to the intellectual history of eugenics and the practical results of the legislation. This is understandable in that eugenics was not the primary subject of Bannister’s study. Hamilton Cravens’ The Triumph of Evolution: The Heredity-Environment Controversy, 1900-1941. (Baltimore: John Hopkins University Press, 1988) focused on 332 the intellectual arguments predominant in the supposedly dichotomous nature-nurture controversy. Cravens work showed that eugenic arguments regarding the relative importance of hereditary versus environmental factors were never so dichotomous as some of those debating the merits of sociobiology might prefer. Troy Duster’s Backdoor to Eugenics. (New York: Routledge, 1990) and a compilation of essays by Robert Lewontin, Steven Rose and Leon Karrrin titled My; Our Genes: BiologLIdeologLapd Human Nature. (New York: Pantheon Books, 1984) added little factual information on the history of eugenics though they were long on sociopolitical interpretations related to the sociobiology debate. As the title indicates, Carl Degler’s In Search of Hlflan Nature: The DeclinaaLd Revival of Darwinism in American Social Thougat. (New York: Oxford University Press, 1991) focused once again on the intellectual constructs developed to support or oppose a behavioral or deternrinist view of human nature and as such eugenic arguments on the nature of hereditary determinism figure prominently. Degler extended Kevles investigation with particular emphasis on the American experience. Degler elucidated a cyclical waxing and waning of Darwinism (differentiated from Social Darwinism by its relation to specific evolutionary selection pressures as opposed to the theoretical results of evolutionary change expressed by Herbert Spencer and others) throughout the American discourse on human nature and its relationship to social policy. Though Degler identified an impulse to “establish a social order in which innate and immutable forces of biology played no role in accounting for the behavior of social groups” as the most important impetus away from biological interpretations of human nature, he concluded 333 that evolutionary biology had and would continue to provide valuable insights in to these questions. Richard Soloway’s Birth Control and the Population Question in England, 1877- _lfl. (Chapel Hill: University of North Carolina Press, 1982) and Demoggrphy gig Degeneration. (Chapel Hill: University of North Carolina Press, 1990) though focusing on the eugenic discourse in England also provided insights into the American experience as it was perceived by English protagonists and conversely how the English discourse influenced American eugenic thought. The 19905 witnessed a profusion of works in English on eugenics movements throughout the world, which not only expanded the comparative aspects of the historiography in terms of the experiences in different social settings, but also expanded the range of historical issues in a more systematic manner. Questions on the importance of perceptions of race and gender in understanding eugenic thought and practice began to take a more prominent position in the discourse, yet much of historiography continued to focus on the intellectual history of eugenics. The principal reasons behind this were the perceived continuing relevance of the historical debate on eugenics to the ongoing debate over sociobiology and evolutionary biology, but most importantly because of access to source materials. Demographic data on the practical effects of eugenic policy remain largely unavailable either because of restrictions on access imposed by governmental agencies or because of the dearth of information originally collected. Among those works dealing more specifically with questions of race and gender were Edward Larson’s Sex Race and Science: Eugenics in the Deep South. (Baltimore: 334 Johns Hopkins University Press, 1995), Diane Paul’s Controlling Human Heredity: 1865 to the Present. (Atlantic Highlands: Humanities Press, 1995), David J. Smith’s Ih_e Eugenic Assault on America: Scenes in Red, White and Black. (Fairfax: George Mason University Press, 1993) and Nancy Gallagher’s Breeding Better Vermonters: The Eugenics of the Green Mountain State. (Hanover: University Press of New England, 1999). Larson’s book portrays the regional differences in eugenic thought and practice evident in the Deep South, and adds a good deal of information on the practical political and institutional realities of implementing programs of eugenic sterilization in these locales. Larson’s depiction of local social mores and the sociology of knowledge and their effects on implementation on such programs makes this one of the most important recent publications on the practice of compulsory sterilization. Diane Paul’s work while nuanced by an attendance to issues of race and gender in eugenic philosophy and practice remained little more than an overview of eugenics cast in the particular light of the sociobiology debate. Gallagher’s Breediagletter Vermonters examined the influence of zoology professor Henry Perkin’s eugenics efforts and how the state’s eugenics movement, effectively unable to successfully promote a sterilization program, eventually opted for influencing progressive programs in child welfare, mental health and rural development with a decided dose of their eugenic agendas. In that, compulsory sterilization was a dead letter in Vermont the study further shows “the inherent adaptability of eugenic theory and methods to parochial social justice.” 335 Smith’s work was also heavily influenced by the sociobiology debate as evidenced by his rather overstated connection between eugenics and the Holocaust. That said, Smith provides an interesting account of the racial theories promoted by some proponents of eugenics in Virginia. The unusual alliance of the Anglo-Saxon Clubs of America with Marcus Garvey’s UNIA, not to mention different Indian groups provides a remarkable insight into the motivations of some players in the Virginia discourse on eugenic policy. Much of the work deals with the contemporary question of racial identity, particularly in regards to legal delineation between African Americans, Amerindians and whites and their descendants. While the documentation on the efforts of individuals to use eugenic arguments to further their racial agendas is solid, these individuals were often marginal in regards to the ongoing debate and certainly to the actual practice of compulsory sterilization in Virginia. Stefan Kiihl’s The Nazi Connection: Eugenics, American lgcism, a_r_r_d Germfl National Socialism. (New York: Oxford University Press, 1994) was based on extensive research into archival sources documenting the professional and lay connections between American and German eugenicists. While the new documentation does show American eugenicists often racialist slant and the support this gave to Nazi efforts, the radical implications purported shown have more to do with the ongoing sociobiology debate than with major gaps in the prior historiography. Most of the connections drawn were known of anecdotally, but the author has at least put to rest some lingering questions on who supported what in Nazi eugenics policies. Unfortunately, the author’s determination to cast eugenics as a pseudoscience largely dependent upon racial assumptions fails to account for the wide variety of eugenics supporters who did not fit this description. 336 Sheila Weiss’ Race Hygiene and National Efficiency: The Eugnics of Wilhelm Schallmayer. (Berkely: University of California Press, 1987) traced the developing eugenic philosophy of Germany’s most eminent eugenicists and demonstrated some of the philosophical and political connections to Nazi eugenic philosophy, yet also displayed some of the problems associated with tracing pre-Nazi era eugenics directly to Nazi eugenics and the Holocaust itself. The most exhaustive treatment related to these questions was Paul Weindling’s Health, Race and Politics Between National Unification and Nazism. 1870-1945. (Cambridge: Cambridge University Press, 1988). While this work specifically deals with the development of German health policy during national unification, eugenics policy loomed prominently in such policy discussions and Weindling’s research provides a wealth of information regarding not only German eugenics but international influences upon its development as well. Supplemental information on the Nazi period and relationships to the American eugenics movement can also be found in Jay Lifton’s The Ngi Doctors: Medical Killing and the Psychology of Genocide. (New York: Basic Books, 1986), Arthur Caplan’s compliations of essays, The Sociobiolrgy Debate: Readings on the Ethigland Scientific Issues Concerning Sociobiology. (New York: Harper and Row, 1978) and flag Medicine Went bird: Bioethics and the Holoca_us_t. (T otowa: Human Press, 1992). Ample primary sources in English are available in the Noakes and Pridham’s compilations Nazism: 1919-1945: A History in Documents and Eyewitness Accounts: Foreign Policy, War and Racial Extermination. (New York: Schoken Books, 1988) and Nazism: 1919- 1945: A History in Documents and Eyewitness Accounts: State Economy and Society 337 1933-1939. (Exeter: University of Exeter Press 1995). Ian Kershaws’ The Nazi Dictatorship: Problems and Perspectives of Interpretation. (New York: Routledge, Chapman and Hall, 1989) demonstrates the amazing complexity of the Nazi regime and the concomitant problems associated with assigning responsibility to a variety of historical actors. Other important work on the relationship between science, medicine and social policy in Nazi era eugenics includes Michael Kater’s Doctors Under Hitler. (Chapel Hill: University of North Carolina Press, 1989) and Robert Proctor’s Racial Hygiene: Medicine Under the Nazis. (Cambridge: Harvard University Press, 1988). Both works provide essentially intellectual history flavored with a broad range of anecdotal and archival evidence on the practice of Nazi eugenics. Proctor’s The Nazi War on aner. (Princeton: Princeton University Press, 1999) while essentially a sociological and intellectual history of German Health efforts in the Nazi era also reveals parallels to the somewhat eccentric interests of some prominent American eugenicists, most notably John Harvey Kellogg. Broadening the interpretive historiography, particularly in terms of comparative social and political history, were a series of recent books on eugenics outside the US. Germany and Great Britain. Mark Adams collection of essays The Wellbom Science: @genics in Germam, France, Brazil and Russia. (New York: Oxford University Press, 1990) provided a much-needed exposition on eugenics movements in other societies. The work while ground breaking suffers from the various authors’ different focuses and interpretative frameworks. Most of the work information still falls into the realm of 338 intellectual history though sociological interpretations figure prominently in at least three of the essays. Nancy Stepan’s The Hour of Eugenics:_Race Gender and Nation in Lang 5m. (Ithaca: Cornell University Press, 1991) further expands the interpretive framework of eugenics intellectual history with the addition of her study of eugenics in Latin America. While eugenic sterilization was never seriously contemplated in Latin America, Stepan’s work demonstrates the “inherent adaptability” of eugenics to a variety of parochial social policies and the distinctive eugenics characteristic of countries with large Catholic electorates and a relatively less developed secular tradition. Her treatment of the issues of identity in terms of race and gender provide new insights into the uses of eugenics. Gunnar Broberg and Nils Roll-Hansen’s Eaggricsfl and the Welfare Stag Sterilization Policy in DenmagQweden, Norway and Finland. (East Lansing: Michigan State University Press, 1996) provides a compilation of monographs on Scandinavian eugenics following the framework established in prior intellectual histories on the subject. But due to the greater availability of source material related to actual practice of sterilization the authors also produced works with a much broader characterization of practice than has been available in many previous texts on eugenics. The inclusion of Scandinavian eugenics in the corpus has shown the distinct similarities between nations enacting such legislation in terms of the often interconnected intellectual development of eugenic philosophies and the underlying social values which support such actions. These studies lend greater credence to the assumption that eugenic sterilization occurred principally in rapidly industrializing countries where Protestantism was largely giving 339 way to secular progressivism in efforts to deal with emerging problems associated with urbanization and modernization. Martin Pernick’s The Black Storka: Eugenics and the Death of "Defective Babies in American Medicine and Motion Pictures Since 1915. (New York: Oxford University Press, 1996) took a new tack in the study of eugenics with his focus on the portrayal of eugenic concerns in the media. Pernick’s intellectual history is expanded to focus on the medical “deaths” of defective children and the probable connections to eugenic philosophy. Perhaps the most popular and oft cited of recent works is Philip Reilly’s Ih_e_ §l_r_rgi_cal Solation: A History of Involuntary Steriliztion in the United Stag. (Baltimore: John Hopkins University Press, 1991). Reilly, a medical doctor, while doing some historical research largely derived his information from secondary sources to produce a work specifically dealing with compulsory eugenic sterilization. While the book provides a broad overview of the practice of eugenic sterilization throughout the U.S., the work lacks a certain academic rigor. Reilly lack of primary resources has led to the perpetuation of some of the historical myths associated with compulsory sterilization and the author has gone as far as to create some anew. Reilly’s unwarranted castigation of Dr. Frank Lydston as an advocate of eugenic euthanasia being a case in point, which unfortunately Martin Pernick has included in his own work. For the study of the two principal characters dealt with in my thesis, beyond the primary sources of their own authorship, I found Richard Schwarz’s John Harvey KellogLMD. (Nashville: Southern Publishing Association, 1970) and Horace Davenport’s Victor Vaughan: Statesman and Scientist. (Ann Arbor: Historical Center for 340 the Health Sciences, University of Michigan, 1996) to be invaluable sources. The University of Michigan’s Taubman Medical library and Bentley Historical Center contain the vast majority of primary source materials left by Drs. Kellogg and Vaughan. The prolific publication records of these two University of Michigan medical school students provide a wide range of insights into the intellectual and experimental constructs of contemporary medical thought and the practical applications these doctors derived from them over time. Because these two men were the most prominent Michigan physicians of their day, both in terms of their public roles as medical educators and as representatives in professional and governmental bodies, their publications and private materials offer the best sources on contemporary medical issues in Michigan, particularly as regards eugenics. At this point, I must note Andrew Michael’s John Harvey Kellogg and Victor Clarence Vaughn in the Ejarly Michiggl’ablic Health Movement: Diverging Views on Disease and Rag Betterment. "Senior Thesis", (Cambridge: Harvard University, 1990). I was directed to Dr. Michaels’ work when I first began my project and found his study of enormous help in tracking source materials. The author’s insights into the public health policies of Drs. Kellogg and Vaughan demonstrate the evolution of their medical thinking and their ability to assimilate what were at the time revolutionary changes in the body of factual medical knowledge. The evolution of the scientific practice of medicine was not only coeval with that of eugenics, but the scientific validation of eugenic theories and the practical applications arising from them was also dependent upon the pronouncements of physicians, particularly as regards public and governmental attitudes. Thus an understanding of 341 eugenics requires a grounding in the changes occurring to bring about modern biomedical education and practice as regards eugenics. An excellent source for contemporary medical history are the series of volumes of Feilding Garrison’s History of Medicine. Philadelphia: W.B. Saunders, 1966), revised and reissued throughout the first half of the century. Though Garrison’s works demonstrate the “Great Man” perspective of historical analysis, they also provide a changing view on how contemporary physicians saw the development of their profession. The 19805 and 19905 saw the publication of a number of fine volumes on the evolution of modern American medical practice. William Rothstein’s American Physicians in the 19’h Cw: From Sects to Science. (Baltimore: Johns Hopkins University Press, 1985) shows how American medicine evolved as a competition between medical sects utilizing an array of therapeutic treatments from those few reasonably efficacious to the truly dangerous practices of heroic therapy. Patient dissatisfaction and physician competition led somewhat haphazardly to biomedicine and Rothstein’s work shows interaction of these forces admirably. Richard Brown’s Roclgfeller Medicine Men: Medicine & Capiialism in America. (Berkeley: University of California Press, 1980) shows how corporate interests worked with influential physicians to radically change the landscape of medical education and practice in first half of the century. Rosemary Stevens’ In Sickness gd in Wealth: American Hospitals in the Twentieth Century. (Baltimore: Johns Hopkins University Press, 1989) and American Medicine and the Public Interest: A l-Iisotry of Specialization. (Berkeley: University of California Press, 1998) contribute insights into the opportunities provided by increased 342 institutional building and how these hospitals, sanatoriums and clinics facilitated the development of medical specialties. Specialization and institution building gave physicians opportunity to research and platforms from which to validate their views on health topics. Paul Starr’s The Social Transformation of American Medicine: The Rise of a Sovereign Profession and the Makgrgaof a Vast Industry. (New York: Basic Books, 1982) further develops Brown’s thesis on the importance of corporate capital in the development of American medical science, education and practice and lends support to the conclusions of Steven’s thesis on the ties between specialization and institution building. Roy Porter’s The Greatest Benefit to Mgkind: A Medical History of Humaaity. (New York: W.W. Norton Co., 1997) provides a view of the longue duree of medical practice and as such furnishes a comprehensive historical view of medical which aids in perceiving the inherent conservatism in most medical practice. Charles Rosenberg’s The Cholera Yaars: The United States in 1832, 1849 aad L866, (Chicago: University of Chicago Press, 1987) and No Other Gods: On Science a_n_d American Soaial Thraglat. (Baltimore: Johns Hopkins University Press, 1997) show the evolution of medicine and public health policy in the middle part of the nineteenth century and also provide a view of how the practice of scientific research came into prominence as a means of validating medical practice. This thesis extends previous works on eugenics by providing an insight into the public and private pronouncements of two eminent physicians who spoke often and forcefully on the subject. These two men’s positions of authority in government and in 343 professional circles reveals the contemporary professional zeitgeist regarding eugenic thought and practice. Because this study also includes previously unavailable archival research on the demographics of eugenic sterilization it helps establish the particular distribution of patient types within Michigan’s program. The data on actual practice has been sadly lacking since the production of Moya Woodson’s North Carolina study over fifty years ago. 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