2. Appeal of Carrie Buck to Circuit Court of Amherst County, by

R. G. Shelton, Guardian.

3. Notice of Appeal from the Sterilization Order of the Special

Board of Directors of the State Colony for Epileptics and Feeble-Minded.

4. Order Continuing the Case.

5. Short Analysis of the Hereditary Nature of Carrie Buck. (From

Deposition of H. H. Laughlin in the Circuit Court Proceedings.)

6. Abstract from the Testimony of Witnesses. (From the Brief of

Appellee in the Supreme Court of Appeals of Virginia.)

7. Opinion of Judge Bennett T. Gordon.

1. Analysis of the Hereditary Nature of Carrie Buck.

{From Deposition of H. H. Laughlin in Circuit Court Proceedings.)

1. Facts: Granting the truth of the following facts which were

supplied by Superintendent A. S. Priddy of the State Colony for Epilep-

tics and Feeble-Minded, Lynchburg, Va.:

(a) Propositus: "Carrie Buck: Mental defectiveness evidenced by

failure of mental development, having a chronological age of 18 years,

with a mental age of 9 years, according to Stanford Revision of Binet-

Simon Test; and of social and economic inadequacy; has record during

life of immorality, prostitution, and untruthfulness; has never been self-

sustaining; has had one illegitimate child, now about six months old and supposed to be mental defective. Carrie Buck has been duly and legally 1. Analysis of the Hereditary Nature of Carrie Buck. declared to be feeble-minded within the meaning of the laws of Virginia and was committed to the State Colony for Epileptics and Feeble-Minded, (From Deposition of H. H. Laughlin in Circuit C01-t.rt Proceedings. ) where she now is, on June 4, 1924. Date of birth July 2, 1906; place of

birth, Charlottesville, Va.; present address, Colony, Va."

(b) Mother of propositus: "Emma Buck, maiden name, Emma Har- 1. Facts: Granting the truth of the following facts which were low : Mental defectiveness evidenced by failure of mental development, supplied by Superintendent A. S. Priddy of the State Colony for Epilep­ having a chronological age of 52 years, with a mental age, according to tics and Feeble-Minded, Lynchburg, Va.:

Stanford Revision of Binet-Simon Test, of seven years and eleven months

(7 yrs. 11 mos.) ; and of social and economic inadequacy. Has record ~fental during life of immorality, prostitution and untruthfulness; has never been (a) Propositus: "Carrie Buck: defectiveness evidenced by self-sustaining, was maritally unworthy; having been divorced from her failure of mental development, having a chronological age of 18 years, husband on account of infidelity; has had record of prostitution and with a mental age of 9 years, according to Stanford Revision of Binet­ syphilis; has had one illegitimate child and probably two others inclusive

— 16 — Simon Test; and of social and economic inadequacy; has record during life of immorality, prostitution, and untruthfulness; has never been self­ sustaining; has had one illegitimate child, now about six months old and supposed to be mental defective. Carrie Buck has been duly and legally declared to be feeble-minded within the meaning of the laws of Virginia and was committed to the State Colony for Epileptics and Feeble-Minded, where she now is, on June 4, 1924. Date of birth July 2, 1906 ; place of birth, Charlottesville, Va.; present address, Colony, Va."

(b) Mother of propositus: "Emma Buck, maiden name, Emma Har­ low: Mental defectiveness evidenced by failure of mental development, having a chronological age of S2 years, with a mental age, according to Stanford Revision of Binet-Simon T est, of seven years and eleven months (7 yrs. 11 mos.); and of social and economic inadequacy. Has record during life of immorality, prostitution and untruthfulness; has never been self-sustaining, was maritally unworthy; having been divorced from her husband on account of infidelity; has had record of prostitution and syphilis; has had one illegitimate child and probably two others inclusive Generated on 2013-07-06 16:58 GMT / http://hdl.handle.net/2027/wu.89087933958 Public Domain, Google-digitized / http://www.hathitrust.org/access_use#pd-google of Carrie Buck, a feeble-minded patient in the State Colony (Va.). Date

of birth, November 18, 1872; place of birth, Charlottesville, Va."

(c) Family History: "These people belong to the shiftless, ignorant, of Carrie Buck, a feeble-minded patient in the State Colony (Va.). Date and worthless class of anti-social whites of the South. She (the propos- of birth, November 18, 1872; place of birth, Charlottesville, Va." itus) has a sister and two half-brothers, whose paternal parentage cannot

be determined. . . . She has life-long record of moral delinquency and has borne one illegitimate child, considered feeble-minded." (Accord- (c) Family History: "These people belong to the shiftless, ignorant, ing to depositions of the Red Cross nurse, Miss Caroline E. Wilhelm, of and worthless class of anti-social whites of the South. She (the propos­ Charlottesville, Va., in the proceeding committing Carrie Buck to the State itus ) has a sister and hvo half-brothers, whose paternal parentage cannot Colony, Carrie Buck's illegitimate baby gave evidence of mental defective- ness at an early age.) ". . . this girl comes from a shiftless, ignorant, and be determined. She has life-long record of moral delinquency moving class of people, and it is impossible to get intelligent and satisfactory and has borne one illegitimate child, considered feeble-minded." (Accord­ data, though I have had Miss Wilhelm, of the Red Cross of Charlottesville, ing to depositions of the Red Cross nurse, Miss Caroline E. VVilhelm, of try to work out their line. We have several Bucks and Harlows, but on in- vestigation it is denied that they are any kin to the Harlows; the maternal Charlottesville, Va., in the proceeding committing Carrie Buck to the State grandfather of Carrie Buck, and there is considerable doubt as to her Colony, Carrie Buck's illegitimate baby gave evidence of mental defective­ being a 'Buck,' but the line of baneful heredity seems conclusive and ness at an early age.) " ... this girl comes from a shiftless, ignorant, and unbroken on the side of her mother (Harlow), but all the Bucks and

Harlows, we have here, descend from the Bucks and Harlows of Albe- moving class of people, and it is impossible to get intelligent and satisfactory marle County, in which the City of Charlottesville and the University of data, though I have had Miss Wilhelm, of the Red Cross of Charlottesville, Virginia are located, and I believe they are of the same stock. She try to work out their line. We have several Bucks and Harlows, but on in­

(the propositus) has two or three half-brothers and sisters, but at an

early age they were taken from the custody of their mother and legally vestigation it is denied that they are any kin to the Harlows ; the maternal adopted by people not related to them. All that I can learn about Emma grandfather of Carrie Buck, and there is considerable doubt as to her Buck's father, Richard Harlow, the grandfather of Carrie, was (that he) being a 'Buck,' but the line of baneful heredity seems conclusive and died from spinal trouble. Carrie Buck, when four years old, was adopted

by Mrs. J. T. Dobbs of Charlottesville, who kept her until her moral unbroken on the side of her mother (Harlow), but all the Bucks and delinquencies culminated in the illegitimate birth of a child referred to. Harlows, we have here, descend from the Bucks and Harlows of Albe­ She attended school five years and attained the 6th grade; she was fairly marle County, in which the City of Charlottesville and the University of helpful in the domestic work of the household under strict supervision;

so far as I understand, no physical defect or mental trouble attended her Virginia are located, and I believe they are of the same stock. She early years. She is well grown, has rather badly formed face; of a sensual (the propositus) has two or three half-brothers and sisters, but at an emotional reaction, with a mental age of nine years; is incapable of self- early age they were taken from the custody of their mother and legally support and restraint except under strict supervision."

II. Analysis of Facts: Generally feeble-mindedness is caused by the adopted by people not related to them. All that I can learn about Emma inheritance of degenerate qualities; but sometimes it may be caused by Buck's father, Richard Harlow, the grandfather of Carrie, was (that he) environmental factors which are not hereditary. In the case given, the died from spinal trouble. Carrie Buck, when four years old, was adopted evidence points strongly toward the feeble-mindedness and moral delin- by Mrs. ]. T. Dobbs of Charlottesville, who kept her until her moral quency of Carrie Buck being due, primarily, to inheritance and not to environment. We have, in the files of the Eugenics Record Office, many delinquencies culminated in the illegitimate birth of a child referred to. cases in which a single feeble-minded child appears in an apparently nor- She attended school five years and attained the 6th grade ; she was fairly —17 — helpful in the domestic work of the household under strict supervision; so far as I understand, no physical defect or mental trouble attended her early years. She is well grown, has rather badly formed face; of a sensual emotional reaction, with a mental age of nine years; is incapable of self­ support and restraint except under strict supervision."

II. A nalysis of Facts: Generally feeble-minded ness is caused by the inheritance of degenerate qualities; but sometimes it may be caused by environmental factors which are not hereditary. In the case given, the evidence points strongly toward the feeble-mindedness and moral delin­ quency of Carrie Buck being due, primarily, to inheritance and not to environment. Vife have, in the files of the Eugenics Record Office, many cases in which a single feeble-minded child appears in an apparently nor- Generated on 2013-07-06 16:57 GMT / http://hdl.handle.net/2027/wu.89087933958 Public Domain, Google-digitized / http://www.hathitrust.org/access_use#pd-google i

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if the same mother has more than one feeble-minded child, then, even in

the absence of a more detailed pedigree record, the evidence weighs very

heavily against the primary cause being environmental, and further, when mal family and a pedigree analysis shows no clue to hereditary cause, but the mother, herself, is feeble-minded and has more than one feeble-minded if the same mother has more than one feeble-minded child, then, even in child, the evidence is overwhelmingly in favor of the cause of feeble- the absence of a more detailed pedigree record, the evidence weighs very mindedness being due, primarily, to inheritance and not to environment.

Further evidence of the hereditary nature of Carrie Buck's feeble-minded- heavily against the primary cause being environmental, and further, when ness and moral delinquency consists in the fact that at the very early age the mother, herself, is feeble-minded and has more than one feeble-minded of four years she was taken from the bad environment furnished by her child, the evidence is overwhelmingly in favor of the cause of feeble­ mother and given a better environment by her adopted mother, Mrs. J. T.

Dobbs, of Charlottesville, Va. It appears from the statements of the field mindedness being due, primarily, to inheritance and not to environment. investigator and of the Superintendent of the State Colony, that Carrie Further evidence of the hereditary nature of Carrie Buck's feeble-minded­ Buck, under the better environmental conditions, was able to attain only ness and moral delinquency consists in the fact that at the very early age to the 6th grade in school and was able to be fairly helpful in domestic

work under strict supervision, and that at the age of 18, she showed a of four years she was taken from the bad environment furnished by her mental age of 9, and was sexually very immoral, and finally bore an mother and given a better environment by her adopted mother, Mrs. ]. T . illegitimate child. All this is a typical picture of a low-grade moron. The Dobbs, of Charlottesville, Va. It appears from the statements of the field facts about Carrie Buck being an individually feeble-minded person are

sustained by her history and her formal and legal commitment to the State investigator and of the Superintendent of the State Colony, that Carrie

Colony for Epileptics and Feeble-Minded. The question is whether her Buck, under the better environmental conditions, was able to attain only own heredity is such that her children would become assets or debits to the to the 6th grade in school and was able to be fairly helpful in domestic future population of the State. From the evidence of her mother's feeble-

mindedness and moral delinquency, and of her own clearly demonstrated work under strict supervision, and that at the age of 18, she showed a feeble-minded character the chances of Carrie Buck being a feeble-minded mental age of 9, and was sexually very immoral, and finally bore an person through environmental and non-hereditary causes, are exceptionally illegitimate child. All this is a typical picture of a low-grade moron. The remote.

The fact that she has already borne a child demonstrates her to be a facts about Carrie Buck being an individually feeble-minded person are potential parent. The family history record of her near-kin showing a very sustained by her history and her formal and legal commitment to the State high frequency of feeble-minded persons, if true, demonstrates the'heredi- Colony for Epileptics and Feeble-Minded. The question is whether her tary nature of the feeble-mindedness and moral delinquency described in own heredity is such that her children would become assets or debits to the Carrie Buck. She is therefore a "potential parent of socially inadequate offspring." future population of the State. From the evidence of her mother's feeble­ 2. Opinion' of Judge Bennett T. Gordon, of the Circuit Court of mindedness and moral delinquency, and of her own clearly demonstrated Amherst County, Virginia feeble-minded character the chances of Carrie Buck being a feeble-minded VIRGINIA:

At a Circuit Court begun and held for the County of Amherst, at person through environmental and non-hereditary causes, are exceptionally the Courthouse thereof, on Monday, the 13th day of April, 1925. remote.

— 19 —

The fact that she has already borne a child demonstrates her to be a potential parent. The family history record of her near-kin showing a very high frequency of feeble-minded persons, if true, demonstrates the·heredi­ tary nature of the feeble-mindedness and moral delinquency described in Carrie Buck. She is therefore a "potential parent of sociall y inadequate offspring." Generated on 2013-07-06 16:58 GMT / http://hdl.handle.net/2027/wu.89087933958 Public Domain, Google-digitized / http://www.hathitrust.org/access_use#pd-google