Testimony of Mary Duke from Hearing on Appeal of Order to sterilize Carrie Buck
11/18/1924
Add to Favorites:
Add all page(s) of this document to activity:
Add only page 1 to activity:
Add only page 2 to activity:
Add only page 3 to activity:
This document comes from the case file for Buck v. Bell, concerning the issue of involuntary sterilization. This statement of Evidence from Hearing on Appeal of Order to sterilize Carrie Buck includes testimony from Mary Duke, a social worker with the Red Cross who handled Carrie Buck's case prior to Caroline Wilhelm. Her testimony begins at the bottom of page 69 of this filing.
In her testimony, Mary Duke describes the chain of events that led to Carrie being sent to the Virginia State Colony for Epileptics and Feebleminded.
At 17 years old, Carrie Buck became pregnant (later reported to have been the result of rape, allegedly by a relative of her foster parents). Shortly after the birth of her child, her foster parents had her committed to the “Virginia Colony for Epileptics and Feeble-Minded” on the grounds of feeble-mindedness, incorrigible behavior and promiscuity. Buck was declared mentally incompetent and her daughter was taken away from her.
Albert S. Priddy, the superintendent of the “Colony for Epileptics and Feeble-Minded,” used Carrie to test the legality of Virginia’s involuntary sterilization law. John H. Bell replaced Priddy after his death in 1925.
On May 2, 1927, the U.S. Supreme Court upheld the state’s statute allowing for the sterilization of people who were thought of as “unfit,” including the intellectually disabled. Justice Oliver Wendell Holmes, Jr. delivered the majority opinion of the Court, including: “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….Three generations of imbeciles are enough.” (This referenced the fact that Buck’s mother had been committed to a state institution, Buck’s diagnosis, and the assumption in the Court’s opinion that Buck’s children would be “socially inadequate.”)
Bell performed Buck’s sterilization on October 19, 1927. She was the first person involuntarily sterilized under Virginia’s Laws for the sterilization of persons considered “unfit” — an estimated 8,300 Virginians were sterilized under the state law from 1927 to 1972.
In her testimony, Mary Duke describes the chain of events that led to Carrie being sent to the Virginia State Colony for Epileptics and Feebleminded.
At 17 years old, Carrie Buck became pregnant (later reported to have been the result of rape, allegedly by a relative of her foster parents). Shortly after the birth of her child, her foster parents had her committed to the “Virginia Colony for Epileptics and Feeble-Minded” on the grounds of feeble-mindedness, incorrigible behavior and promiscuity. Buck was declared mentally incompetent and her daughter was taken away from her.
Albert S. Priddy, the superintendent of the “Colony for Epileptics and Feeble-Minded,” used Carrie to test the legality of Virginia’s involuntary sterilization law. John H. Bell replaced Priddy after his death in 1925.
On May 2, 1927, the U.S. Supreme Court upheld the state’s statute allowing for the sterilization of people who were thought of as “unfit,” including the intellectually disabled. Justice Oliver Wendell Holmes, Jr. delivered the majority opinion of the Court, including: “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….Three generations of imbeciles are enough.” (This referenced the fact that Buck’s mother had been committed to a state institution, Buck’s diagnosis, and the assumption in the Court’s opinion that Buck’s children would be “socially inadequate.”)
Bell performed Buck’s sterilization on October 19, 1927. She was the first person involuntarily sterilized under Virginia’s Laws for the sterilization of persons considered “unfit” — an estimated 8,300 Virginians were sterilized under the state law from 1927 to 1972.
Transcript
112**MISS MARY DUKE
a witness of lawful age, having been first duly sworn, testified as follows:
70 Carrie Buck vs. Dr. J.H. Bell
Direct Examination
BY MR. STRODE:
Q Miss Duke, you live in Charlottesville I believe?
A I do.
Q It is in evidence here by Miss Wilhelm that about the time that she took charge of the social work at Charlottesville you were assisting in that work?
A I was in charge of it until they could get a secretary. I was there assisting Miss James. She left and I was in charge after she left until we secured Miss Wilhelm.
Q Did that work bring you in contact with Carrie Buck?
A Yes, sir.
Q Tell us what you know of her.
A I had heard of Emma Buck--I had seen her. I was visiting an old woman as a charity case. This woman had a little baby--I suppose it was Doris. I understood at the time she was of bad character. I understood at the time that efforts were being made to put her in an institution, but I lost track of her. Mr. Dobbs came and reported that this girl was feeble-minded, though I have no personal knowledge of her having been sent to the Colony. I went to
* 113
*see Mrs. Dobbs. She told me this child was a good worker when watched, and that she had sent her to church and Sunday School until she could not trust her. She had left her for a few days on account of some illness the summer before, and she had left someone in charge of the child, but they didn't watch her closely enough. I saw Judge Shackleford and he told me that a commission should be held. It was held in his office, and the papers were sent off.
They were returned because of some flaw, and they were sent to Mr. Ritchie, a lawyer in town. At that time Miss Wilhelm came, and the further steps were taken by her.
Q Did you see Carrie at all?
A I saw her, but I never had any dealings with her. I never remember seeing her except that time.
Q Your knowledge of the family began with knowledge of her mother?
A Yes, sir
Q Who, as you say, was a woman wandering around with one baby?
A Yes, sir. I heard she had had other children, and they tried to take this one from her, but she yelled and cried so they gave it back.
Carrie Buck vs. Dr. J.H. Bell 71
Q And in that way you were brought into connection with Emma's daughter, Carrie, who seemed to be following in her footsteps?
* 114
*Q Do you know of her having been in any clinic in Charlottesville?
A This girl?
Q Yes?
A Not that I remember.
No Cross Examination.
(Witness stand aside.)
This primary source comes from the Records of the Supreme Court of the United States.
National Archives Identifier: 45637229
Full Citation: Statement of Evidence from Hearing on Appeal of Order to sterilize Carrie Buck: Testimony of Mary Duke; 11/18/1924; Buck v. Bell (Case File #31681); Appellate Jurisdiction Case Files, 1792 - 2010; Records of the Supreme Court of the United States, Record Group 267; National Archives Building, Washington, DC. [Online Version, https://docsteach.org/documents/document/testimony-mary-duke-buck-v-bell, April 29, 2024]Rights: Public Domain, Free of Known Copyright Restrictions. Learn more on our privacy and legal page.