CHAPTER XXIII

VASECTOMY, OR STERILIZATION, BY STATE LAW

The State of Indiana in 1907 enacted a vasectomy law which obliges

the superintendents of some prisons and asylums to appoint two

surgeons whose office is to sterilize sexually criminals, idiots,

imbeciles, and similar persons, if these surgeons, in consultation

with the chief physician of the institution, deem the propagation

of children by such so-called degenerates detrimental to society.

The same law has been incorporated in the statutes by New York, New

Jersey, Washington, Iowa, Nevada, Wisconsin, Connecticut, California,

Utah, Kansas, Oregon, and Minnesota. The law has been proposed

several times in the Legislature of Pennsylvania, but it was vetoed

twice and held up once in the Assembly.

In New Jersey there was question of sterilizing an epileptic girl,

and the Supreme Court of that State[216] decided in 1913 that the

law is contrary to the State and Federal constitutions. In 1916

Probate Judge Lapeer of Michigan declared the law as passed in his

State in 1913 unconstitutional, but the State appealed against this

decision. The Supreme Court of Washington[217] decided in favor

of the law in a case where a man convicted of rape was sentenced

by the trial judge to life imprisonment and to vasectomy as a

punishment. The constitutionality of the Iowa law is on appeal to the

United States Supreme Court after a Federal judge had declared it

unconstitutional. The law in Indiana was put into effect in hundreds

of cases, but Governor Marshall set the law in abeyance. Two Federal

judges in Kansas said the law is unconstitutional and granted an

injunction against its application in a particular case. In 1808

the superintendent of a Kansan institution for the feeble-minded

castrated forty-eight boys. Up to April, 1916, about twenty-five

feeble-minded boys in the Wisconsin institution at Chippewa Falls

were sterilized, and the authorities then said they intended to

sterilize the girls. The law has been advocated by alienists in

Switzerland, and French and English physicians have advocated it.

[216] _Smith vs. Board of Examiners of the Feeble-minded, 88 alt.

R. 963._

[217] _State vs. Feilen, 126 Pac. R. 75._

The reason given by the advocates of this law is the alarming

prevalence of feeble-mindedness with its tendency to criminality; and

as, they say, heredity accounts for 65 per cent. of feeble-mindedness,

the feeble-minded should be prevented from propagating their kind.

Sweden, with 5,500,000 inhabitants, has 18,000 insane, 14,000 idiots,

20,000 imbeciles, and 7,000 epileptics. Much of this degeneracy is

due to the notorious alcoholism of the Swedes, which only lately

has been brought under some control. Pennsylvania had about 17,000

feeble-minded in 1913. In a single county almshouse in that State

were 105 women who had given birth to 101 defective children. One

feeble-minded couple in the same State had 19 defective children;

two other families had 9 imbeciles and 7 idiots. In New Jersey the

history of 480 individuals of the famous "Kallikak" family (a

pseudonym), descended from a feeble-minded woman who lived at the

time of the Revolutionary War, has been traced out, and of these

descendants only 40 were normal. New York State has 32,000 known

feeble-minded persons. One State school for the feeble-minded in

Indiana in 1908 had 1054 inmates. There are 6000 mentally defective

children in the schools of Chicago. An investigation made in Illinois

about 1907 brought out the conclusion that all the defectives and

delinquents in that State at the time could be traced to 150

families. Poehlmann of Bonn traced the descendants of one female

drunkard through six generations in 800 individuals, and of these

107 were illegitimate, 102 were beggars, 181 were prostitutes, 76

were criminals in a grave degree, 7 were murderers, and they had

cost the State $1,206,000. The Jukes sisters, two illegitimate

prostitutes in New York State, in five generations bred 709

criminals. Fifty-two per cent. of the women were prostitutes,

whereas the ordinary ratio of prostitutes to other women is 1.66

per cent. Alcoholics engender degenerates. In three generations

of 215 French alcoholic families, Legrand found that 60 per cent.

of the children were degenerates. Bourneville found that 62

per cent. of 1000 idiotic, epileptic, and feeble-minded children in

Paris had alcoholic parents.

Hereditary transmission is certainly a cause also of many diseases

of the nervous system. Friedrich's ataxia is hereditary. It is an

incurable progressive incoördination of the limbs, tongue, larynx,

and eyes, which attacks commonly between the tenth and the twentieth

year, and the patient dies from some intercurrent disease, usually

an infection. Progressive muscular dystrophy is also hereditary

and incurable. The legs and trunk atrophy, and death comes from

an intercurrent disease. Related to this malady are hereditary

progressive neurotic muscular atrophy, progressive spinal muscular

atrophy in infants, and progressive spinal amyotrophy in adults.

Amaurotic (_amaurosis_, blindness) family idiocy is hereditary,

and the child dies at about two years of age. Huntington's chorea

appears in every generation of an affected family. Its symptoms show

between the ages of thirty and forty years, and it progresses from

choreic and ataxic signs to dementia and death. The death is often

by suicide. In eastern Long Island, southwestern Connecticut, and

eastern Massachusetts 962 cases were all traced back to six persons,

three of whom were probably brothers, who came to America in the

seventeenth century. In the 3000 relatives of these choreics were

39 cases of epilepsy, 51 cases of cerebral inflammation, 41 cases

of hydrocephaly, 73 feeble-minded children, and other evidences of

neuroses. The heredity in this disease is apparently Mendelian.

Besides the diseases enumerated here, there are several pathologic

conditions of the eyes which are hereditary--presenile cataract,

stationary night blindness, and retinitis pigmentosa. If the persons

who have these diseases are sexually sterile, evidently the heredity

so far as they are concerned will be cut across; hence the advocates

of legal sterilization wish to have these patients sterilized to

protect society.

The surgical operation by which the man is sterilized according to

the State laws mentioned above is an interruption of the continuity

of the vasa deferentia near the testicles. This interruption may be

a severing of each vas, a cutting out of a part of each vas, or a

ligation of the vasa. The term vasectomy is now used loosely to cover

all these methods. The vas deferens, or seminal duct, passes from the

testicle up along the groin on each side, in through the belly-wall

by the inguinal canal, down along the pelvis and under the bladder,

where it opens into the bottom of the urethra a short distance in

front of the bladder exit. Each vas is about two feet in length, and

it has a diameter of one-tenth of an inch throughout the greater part

of its length, but its lumen is extremely narrow.

There are two essential parts in the semen, the spermatozoa and

the carrying liquid. The spermatozoa, which fructify the ovum, are

formed in the testicle; the liquid, which is the essential vehicle

of the spermatozoa, and without which the spermatozoa are inert and

sterile, is secreted, except a few drops from the testicles, at the

distal end of the vasa deferentia under the base of the bladder, in

the seminal vesicles, the prostate gland, and Cowper's and Littré's

glands. The semen is made up of 90 per cent. water and 10 per cent.

solids, and in these solids is the nitrogenous base called spermin,

which is produced by the interstitial cells of the testicles and the

prostate gland. Ovarin, secreted from the ovaries, corresponds in the

woman to spermin in the man. The ductless glands, and some that have

ducts, produce secretions which sustain the tone of the blood-vessels

and neutralize the toxins from waste substances while these are in

the body before excretion. An excess of spermin or ovarin causes

congestion of the cerebrum and cerebellum and the nerve centres

there, with consequent sexual erethism. When there is a pathologic

sexual erethism from an excess of spermin or ovarin, vasectomy,

castration, spaying, or the menopause cuts off this excess and the

erethism disappears. Sometimes the waste product toxins excite the

patient when the spermin or ovarin has been eliminated, just as the

excess of spermin or ovarin excites, and the neurotic disturbance

or sexual erethism continues until compensation by other glands

neutralizes the irritating substance.

The testicles in man are by no means the sole organ of generation.

There are at least seventeen distinct organs in the male generative

system. The seminal vesicles with the prostate gland are as necessary

in generation as the testicles, as their removal sterilizes the

spermatozoa and prevents the formation of the liquid vehicle.

Castration effects an atrophy of several parts of the generative

tract, and an irremediable degeneration; vasectomy cuts off the

spermatozoa but causes no atrophy or degeneration, and the condition

is remediable. Dr. Edward Martin of Philadelphia found active living

spermatozoa in a testicle that had been ligated off for twenty years.

Running along the vasa deferentia, within the sheath of the two

spermatic cords, are the spermatic arteries, the pampiniform plexus

of veins, and the deferential arteries. These vessels, with the vas

deferens and the sheath enveloping the bundle, make up the spermatic

cord. In vasectomy, under local anesthesia, a slit is made through

the skin of the scrotum behind, the sheath of the spermatic cord

is opened, and the vas is isolated and tied or cut. The skin wound

is left to heal. This operation is repeated on the second vas. If

the blood-vessels in the cord are ligated or cut with the vas,

the testicle will atrophy; if the vas alone is operated upon, the

testicle is not injured. The person upon whom vasectomy has been done

is conscious of no change. The semen is discharged as before the

operation, but in a slightly less quantity, and it is, of course,

sterile from the lack of spermatozoa.

Dr. Carrington of Virginia reported, in 1910,[218] twelve cases of

vasectomy on convicts. He said ten of this dozen had been confirmed

masturbators, and all were cured by vasectomy. One masturbating

epileptic was cured of both conditions. Two dangerous homicides were

rendered harmless and peaceable. One of these two homicides was a

negro under a long sentence for murder. He grew insane in prison,

and while insane killed a second person. A confirmed masturbator and

sodomist, and a dangerous savage, he became lucid and relapsed into

insanity several times. A year after vasectomy he was "a sleek, fat,

docile, intelligent fellow, a trusty about the yard."

[218] _Virginia Medical Semi-monthly_, vols. xiv, xv.

Dr. Sharp of Indianapolis, after ten years' experience with the

operation, during which time he did 456 vasectomies, says:[219]

"There is no atrophy of the testicle, no cystic degeneration, no

disturbed mental or nervous condition following." He says, further,

that 176 men in the Indiana Reformatory asked him to perform the

operation on them. Vasectomy tends to check masturbation, and the

minds of the masturbators frequently improve after the operation.

[219] _Jour. Amer. Med. Assoc._, December 4, 1909.

If a man has been sterilized by vasectomy, restoration of function

and removal of the sterility seems practically always possible. If

a ligature has been used, releasing the ligature restores function.

Dr. William T. Belfield of Chicago[220] restored function fully by

removing the ligature eight weeks after it had been applied. In a

letter to me, Dr. Belfield said: "My observation accords with the

general experimental and clinical experience that the restoration of

the lumen after vasectomy or ligation, or both, is more certain than

the lasting occlusion of the vasa by these measures. The perseverance

of natural forces in restoring the lumen of the vas--and the success

achieved over such obstacles as silk ligatures--is surprising until

one reflects upon the natural factors favoring such restoration. In

one case I tied a waxed (to avoid cutting through) silk ligature

_tightly_ around the sheath of each vas; a specimen examined a month

later was devoid of sperms; one six months later contained plenty of

them. I cut down upon the ligatures, found them in place and neatly

encysted, and removed them. Evidently the pressure from behind had

squeezed a passage on at least one side. The gynecologists have

learned that ligatures around the Fallopian tubes are apt to cut

through, whereupon the tubal lumen is restored, though pressure

must be less than in the vas. Even when a piece of the vas has been

excised cases of spontaneous restoration have been observed in men

and dogs."[221]

[220] _Jour. Amer. Med. Assoc._, October 19, 1912.

[221] _Belfield, loc. cit._

When the ends of a cut vas are released from cicatricial tissue,

these ends may be sutured together; but as the lumen of the vas is

extremely small, there is sometimes obliteration by occlusion at

the juncture. Christian and Sanderson[222] described a method of

preventing this obliteration. A piece of No. 0 twenty-day catgut is

inserted three-eighths of an inch into each end of the vas, and these

ends are brought together by two catgut sutures, leaving the inserted

catgut in the canal. The ends heal together and the catgut in the

canal is absorbed. This method has been used successfully to join the

cut end of a Fallopian tube.

[222] _Jour. Amer. Med. Assoc._, December 13, 1913.

Gemelli[223] did vasectomy on eleven dogs and seven cats; about

six months later he reunited the cut ends, and on dissection found

restoration perfect, anatomically and functionally, in the eighteen

animals. The vas deferens in these animals is smaller than in man;

and therefore offers greater difficulty in the suturing. He used no

inserted catgut, but told me he employed the method Carrel applies in

joining cut arteries. In one case, where the dissection was broad,

he successfully inserted a piece of a vas taken from another animal.

Whether there is occlusion or not after end-to-end suturing depends

largely on the skill of the surgeon.

[223] _La Scuola Cattolica_, November, 1911.

Dr. Edward Martin of the Pennsylvania University[224] and Delbet[225]

have removed sterility by effecting a patulous anastomosis between

the vas and the epididymis, and this method is applicable after

vasectomy by cutting, but it is not successful, as a rule. It has

been done effectively where the vas had no stricture. McKenna,[226]

in five attempts on men, succeeded once. Fürbringer[227] said that

in his experience with a thousand cases of double epididymis, the

condition is incurable in 80 per cent. of the gonorrheal infections.

[224] _University of Pennsylvania Medical Bulletin_, 1902, p.

388; 1903, xv, 2; _Therapeutic Gazette_, December 15, 1909.

[225] _Revue de Thérapeutique Médico-chirurgicale_, January 15,

1912.

[226] _Journal Amer. Med. Assoc._, January 26, 1915.

[227] _Deutsche med. Wochenschrift_, xxxix, 29.

Apart from the so-called vasectomy law, gynecologists quite

frequently sterilize women who have chronic heart disease,

tuberculosis, nephritis, diabetes, or hereditary mental taints.

Some men, like Spinelli, Cramer, Polak, and others, would sterilize

also in chronic anemia, persistent albuminuria, epilepsy, syphilis,

contracted pelvis, diseases of metabolism, infections, and

cirrhosis of the liver. There are several methods of sterilizing

women--removal of the ovaries, ligation of the Fallopian tubes,

resection of portions of the tubes, resection of the whole tube on

each side, cutting the tubes and burying the cut end in the tissues

by various methods, and destruction of the lining of the uterus by

vaporization or the thermocautery. De Tarnowsky[228] describes the

various methods. Some ligations and short resections have failed

to sterilize. When the ovaries or uterus are removed, or the major

part of the tubes are resected, or the lining of the uterus has

been destroyed, the sterilization is permanent. Almost certainly

function could be restored where the resection of the tubes is not

too destructive. Apart from the matter of mutilation, the effects of

double oöphorectomy are very grave,[229] and removal of the uterus

or the ovaries merely for sterilization is not only immoral, but

altogether unjustifiable scientifically.

[228] _Jour. Amer. Med. Assoc._, April 19, 1913.

[229] See the chapter on Gonorrhea.

A phase of this subject which is important and has occasioned much

discussion is whether vasectomy causes sexual impotence or not.

From a medical point of view, there is no question of impotence;

physicians would say it causes sterility only. Most canonists,

however, hold that the condition after vasectomy is technically

impotence in the canonical sense. Ferreres of Tortosa, a leading

Spanish canonist, in several articles in the _Ecclesiastical Review_,

in _Razon y Fe_ (xxviii, 376; xxxi, 496), and in his book _De

Vasectomia Duplici_ (Madrid, 1913), opposed my opinion published in

1912 and 1913, which then was that vasectomy does not cause canonical

impotence. De Smet of Bruges[230] holds that it causes impotence.

So do Ojetti,[231] René Michaud,[232] Wouters,[233] Eschbach,[234]

Capello,[235] Stucchi,[236] De Becker, Vermeersch, De Villers,

and Salsmans of the University of Louvain, and others. Gemelli of

Milan[237] agreed with me. The weight of authority is certainly

in favor of the notion of impotence, but the arguments are by no

means convincing, as virtually every canonist who has discussed the

question has made gross misstatements of the physical facts in the

case.

[230] _Ecclesiastical Review_, September, 1912.

[231] _Synopsis Rerum Moralium et Juris Pontificii_, 31st ed., n.

2425.

[232] _Nouvelle Revue Théologique._

[233] _Nederlandische Katholische Stemmen_, January 15, 1911.

[234] _Analecta Ecclesiastica_, September, 1911, and _La Scuola

Cattolica_, February, 1912.

[235] _La Scuola Cattolica_, February, 1912.

[236] _Ibid._, November, 1911.

[237] _Ibid._, November, 1911.

If a man or woman is impotent, the disability is an _impedimentum

juris naturalis_, and as such it would nullify any marriage, no

matter what the dispensation. There are two opinions among moralists

as to the essence of canonical impotence.

I. Some hold that any permanent obstruction to fecundation, no matter

in what stage of the physiological process or in what part of the

genital tract it occurs, constitutes impotence. They maintain that a

woman whose ovaries or uterus have been removed is impotent. Roman

Congregations have promulgated several decrees in peculiar cases

permitting the marriage of spayed women; but, these moralists say,

it is not clear that in those special cases the entire ovary on each

side of the whole uterus was taken out; they hold there is doubt as

to the fact. And, since there is disagreement of moralists, the Holy

Office or other congregations would give the same decision because of

the _dubium juris_.

April 2, 1909, the Congregation on the Discipline of the Sacraments

decreed that the marriage of a Spanish woman, from whom, according to

the physician in charge of the case, the uterus and both ovaries had

certainly been removed, should not be prevented.

February 3, 1887, the Holy Office made the same decree in the case of

a woman from whom the uterus and both ovaries had been removed.

July 23, 1890, the Holy Office made the like decree under the same

conditions.

July 31, 1895, the Holy Office permitted the marriage of a woman from

whom both ovaries had been removed.

Another case, in 1902, in which the physician was not certain that

the whole ovary on each side had been removed, was decided in the

same manner.

There have been, then, four decisions so far permitting the marriage

of women who lacked both ovaries, and three of these women lacked the

uterus also. The Congregation of the Council has made four decisions

in recent time forbidding the marriage of women because of impotence;

March 21, 1863, a case in which there was neither vagina nor uterus;

January 24, 1871, a case in which the vagina was only two inches in

depth; September 7, 1895, a case in which the vagina was obliterated

in greater part; December 16, 1899, a case in which the vagina was

only five centimetres in depth.

That a woman who certainly lacks both ovaries is canonically impotent

is the opinion of Antonelli,[238] Lehmkuhl,[239] Rosset,[240]

Alberti,[241] Bucceroni,[242] and others. These men meet the

decisions of the congregations concerning the spayed women by saying

it is not certain the whole ovarian tissue or the entire uterus

was removed, although as a matter of fact the physician in one

case testified explicitly that both ovaries and the whole uterus

were undoubtedly removed. That a woman lacking both ovaries is not

impotent is the opinion of Gasparri, D'Annibale, Génicot, Berardi,

Aertnys, Tanquerey, Ojetti, De Smet, and others.[243]

[238] _Medicina Pastoralis_, vol. ii, n. 43.

[239] _Theologia Moralis_, 8th ed., ii, n. 744.

[240] _De Matrimonio._

[241] _Theologia Pastoralis_, p. iv, n. 88.

[242] _Theologia Moralis_, ii, n. 994.

[243] See Ferreres, _De Vasectomia Duplici necnon de Matrimonio

Mulieris Excisae_, p. 110. Madrid, 1913.

II. The second opinion on impotence is that this condition is caused

exclusively by those permanent disabilities which exist in the copula

itself. If the sexual act contains in itself all that is essential

to generation, if the copula is _de se apta ad generationem_,

prescinding from all antecedent and subsequent, temporary or

permanent, obstructions to generation, there is no impotence. In

this opinion the woman without ovaries is not impotent, but the

vasectomized man is; in the first opinion both the _mulier excisa_

and the vasectomized man are impotent. The second group says the

vasectomized man is incapable of performing an act _de se apta ad

generationem_ because his semen lacks the essential spermatozoa. If

one objects that the spayed woman, who is not impotent according to

some moralists that so interpret the decisions of the congregations,

lacks the essential ovum, so that she cannot perform an act _de se

apta ad generationem_ because she has nothing to generate with,

they answer that her copula is _per se apta_, that there happens in

it everything which takes place in a copula from which generation

actually follows. The vasectomized man cannot go through the form

of the act with all the elements which, _so far as the act is

concerned_, are required and sufficient for generation because he

lacks the spermatozoa, but the _mulier excisa_ can. His inability is

intrinsic to the act, it vitiates the very substance of the act; her

inability to present ova is not intrinsic to the act, they say. All

that is necessary in her case is that she be capable of receiving the

semen.

Marriage was instituted to beget children; that is the proper end of

the contract, its basic justification. Whenever the debitum is used

it must be with the intention of generating children. Even the use

of marriage as a remedy of concupiscence is so secondary an end that

it alone is not enough to legitimize marriage. Because a woman does

not always have ova present in the tubes,--and there is no means

of knowing just when the ova are present,--it is justifiable to

repeat the conjugal act until the woman is impregnated; secondarily

and dependently, the repetition may be a remedy of concupiscence.

The sexual act does not form either the spermatozoa or the ova;

these pre-exist. The spermatozoa are always released in a normal

sexual act; the ova are not always present when the spermatozoa are

released. A copula which is perfectly _de se apta ad generationem_

supposes not at the time the presence of both sperm and ovum, but

it does suppose the possibility of the ovum, otherwise generation

is utterly impossible; and every copula becomes justifiable solely

because there is a hope that it may be present. It is a mere

quibble to say that an act is _de se apta ad generationem_ if by

no possibility generation ever can take place; nevertheless the

congregations in four cases have apparently judged to the contrary.

In these special decisions, however, Rosset, Antonelli, Bucceroni,

and Palmieri hold there was a doubt in the minds of the members of

the congregation as to the complete removal of the ovaries or uterus.

Bucceroni expressly states[244] that the Cardinal Secretary of the

Holy Office told him personally the members of the congregation

supposed in the particular cases that generation could follow.

Therefore these decisions do not say that the _mulier excisa_ in

general is not impotent or potent; they merely gave the women of

these cases the benefit of the doubt. Tho question is entirely open

so far as these decisions are concerned.

[244] _Theologia Moralis_, 5th ed., vol. ii, p. 391, n. 994.

Those who hold that vasectomy causes canonical impotence say also

the constitution of Sixtus V. forbidding the marriage of eunuchs is

applicable necessarily to the vasectomized man, because the semen

from the vasectomized man, inasmuch as it lacks spermatozoa, is not

genuine semen, and Sixtus V. said eunuchs cannot produce true semen.

The relevant passage in the constitution is: "Cum frequenter in istis

regionibus eunuchi et spadones, qui utroque teste carent, et ideo

certum ac manifestum est eos verum semen emittere non posse; quia

impura carnis tentigine atque immundis complexibus cum mulieribus

se comiscent, et humorem forsan quemdam similem semini, licet ad

generationem et ad matrimonii causam minime aptam, effundunt,

matrimonium ... contrahere praesumant ... mandamus ut conjugia per

dictos et alios quoscumque eunuchos ... contrahi prohibeas."

Sixtus V. says here: (1) that eunuchs "who lack both testicles

certainly and evidently cannot emit true semen"; (2) that "although

eunuchs may perhaps produce a kind of liquid resembling semen,

this is by no means fit for generation or marriage"; (3) therefore

eunuchs are forbidden to marry. The effects of castration in the

eunuch are: (_a_) that all spermatozoa are absent; (_b_) that, as a

consequence of the absence of the testicles, the power of penetration

is lost; (_c_) that, as another consequence, the _liquor seminis_,

which normally is formed in the seminal vesicles, the prostate and

other glands, is no longer secreted. The eunuch, then, is completely

impotent, in the full sense of the term. Ferreres is of the opinion,

erroneously, that eunuchs, as a rule, have the power of penetration

and of emitting a _humor semini similis_, and that amputation of the

penis is requisite to cause impotence in eunuchs. There are only five

authentic cases of temporary apparent potence in eunuchs in modern

medical records, and these are explicable as cases of erethism from

waste-product intoxication.

The canonists who hold that the vasectomized man is impotent

interpret the words of Sixtus V. to fit their opinion, although the

vasectomized man has all the sexual potency of the normal man except

that his spermatozoa are occluded. The _potestas coeundi_ is not

lost in any degree; neither he nor the woman is conscious of any

change whatever. Only the microscope can tell that the spermatozoa

are absent if the fact that he has been vasectomized is not told.

Moreover, if vasectomy has been done by mere cutting without

considerable resection, and especially if the vasa have been shut by

ligation alone, no one can be certain that the occlusion is either

certain or permanent. There is always doubt that the spermatozoa

are present if the microscope is not used, and these canonists

all disclaim the use of the microscope in such circumstances. The

argument Ferreres uses, to the effect that the absence of spermatozoa

is seriously injurious to the woman, is a supposition of his own

arising from an erroneous notion of potency in the vasectomized. This

absence is not injurious to her, but it is probably injurious to the

vasectomized man because of the partial ejaculation. Onanism, which

is different, is decidedly injurious to both the man and the woman.

Onanism, _coitus interruptus_, or withdrawal before ejaculation,

which takes place _extra vas_, is intended to prevent impregnation.

In the normal sexual act the male genital tract suddenly becomes

congested with blood through nervous action of centres in the

lumbar cord and the cerebrum. Cowper's and Littré's glands secret

an alkaline fluid which neutralizes the acid urine in the urethra

and thus prevents killing of the spermatozoa. Muscular peristaltic

action presses out the spermatozoa and the secretions of the seminal

vesicles and the prostate. When the act is normal there is a complete

emptying of the tract of semen and of the blood engorgement; in

_coitus interruptus_ there is incomplete ejaculation and only

partial deplethorization. The seminal vesicles remain distended,

and this distention, with the congestion of the prostate, causes

continual excitation of the sexual centres without relief. There is

irritability and exhaustion of the centres, and this state brings on

premature ejaculation and final _impotentia coeundi_. Other common

effects are tenesmus of the urinary bladder, incontinence of urine,

nocturnal pollutions, sexual neurasthenia, pain in the legs, over the

eyes, and in almost any part of the body, general weakness, headache,

vertigo, cardiac palpitation, neurotic dyspepsia, and a train of

psychic symptoms which not seldom end in suicide.

In the woman there is the like blood engorgement and a pouring

out of the secretions of Bartholin's and the other glands, but

deplethorization takes place later in the woman than in the man, and

for this reason the woman suffers more from _coitus interruptus_ than

the man does. In onanism, as in masturbation, after the diseased

conditions have been established it is extremely difficult to induce

the patient to resist the almost overwhelming irritation.

The canonists have interpreted the text of Sixtus V. to the effect

that the eunuch is impotent precisely and solely because he cannot

produce semen "_elaboratum in testibus_." No man produces semen

_elaboratum in testibus_--more than 93 per cent. of the semen is

produced entirely outside the testicle; nothing but the spermatozoa

and two or three drops of a lubricating fluid are produced in the

testicles. The eunuch really is impotent because the removal of the

testicles and their nervous system so breaks the genital circuit,

which consists of at least seventeen distinct parts, that erection is

prevented, the formation of spermatozoa is impossible, the secretion

of the essential vehicle of the sperm and of the fluids which render

it fertile is cut off. The eunuch cannot penetrate and he cannot form

any semen; he is impotent; the vasectomized man can penetrate, and he

forms a semen which is sterile.

I think now the vasectomized man is really impotent for the reason

that I think the _mulier excisa_ is impotent, but he is not impotent

because of the constitution of Sixtus V., which is not relevant at

all to his case.

If the vasectomized man is impotent, the following cases are also

impotent:

1. A man whose germ-cells have been destroyed by the action of

the X-ray.

2. A man with double permanent occluding epididymitis.

3. A man whose vasa deferentia open into the ureters and not

into the urethra.

4. A man whose vasa are shut by surgical operations for stone,

or cysts of the prostate, or seminal vesicles.

5. A man whose seminal vesicles are shut by concretions, cysts,

or tumors.

6. A man with bilateral cryptorchidism.

7. A man with a tuberculous condition of the testicles.

8. A man with absolute neurotic aspermia.

9. A man with congenital lack of development of the testicles or

vasa.

Sterility in the male would exist only in advanced diabetes, general

tuberculosis, senility, or in cases of absent or diseased prostate

gland or seminal vesicles.

Here it is worth noting that since the copula must be natural, fit

for generation in the natural manner, artificial impregnation by the

use of instruments is immoral, and forbidden by a decree of the Holy

Office, promulgated March 24, 1897. Artificial impregnation does not

effect a copula which is by its nature proper to generation, but is

an act contrary to nature, one from which generation does not follow

in a natural manner, _secundum communem speciem actus_. It supposes

deliberate pollution and semination outside the vagina, both of which

actions are intrinsically evil.

In discussing the morality of vasectomy the following points must be

considered:

1. In what degree of mutilation is vasectomy?

2. Vasectomy may be done either at the request or by the permission

of the vasectomized person; or by order of the State.

(_a_) If done by the request or permission of the vasectomized

person, it may be either (1) as a means to use the debitum

without the inconvenience of having children; or (2) as a

therapeutic measure to cure some malady.

(_b_) If done by order of the State, it may be (1) a punishment;

or (2) a prophylactic measure to avert physical or moral evil

in society.

If vasectomy causes canonical impotence, that fact adds a special

moral quality. The weight of authority is on the side that it does

cause canonical impotence, as has already been mentioned.

A slight mutilation, in the sense of the term as commonly used, can

be any permanent effect of a wound, bruise, or similar cause, from a

mere scar to an amputation or other injury whereby any member of the

body is rendered unfit for normal action. That the causal wound or

injury is trivial in itself, apart from its effect, as in vasectomy,

has little or no direct bearing on the morality of the mutilation.

It is possible to have a very gross mutilation without extensive

wounding. We can blind a man permanently by putting the point of a

fine cambric needle one-twentieth of an inch within the pupil.

Vasectomy is a grave mutilation because (1) it removes from the

man the power of generation; (2) it inhibits the function of the

testicle, which is an important organ of the body. Although they

are not the entire organ of generation, the testicles are together

a complete organ in themselves, the function of which is to produce

the spermatozoa essential to the procreation of the human species.

If by a wound one inhibits the function of the testicles, he gravely

mutilates the human body, for a grave mutilation is nothing but an

inhibition of the function of a distinct organ through a wound.

A mutilation of this kind, since it frustrates the production and

action of the human generative semen and prevents generation, is

what is technically called a mortal sin against nature, unless

there is sufficient cause to necessitate the frustration, such as

to save life, to restore as a sole means the health of the whole

body, to protect society, or a similar reason. What is said here of

vasectomy is true for fallectomy or other methods of sterilizing the

woman. Fallectomy, however, is in itself a dangerous operation, and

oöphorectomy is never justifiable as a mere method of sterilization

because of its very injurious effects on the whole body and mind of

the woman.

Among the decretals of Gregory in _Corpus Juris_ (lib. v, tit.

xii, c. 5) is the following canon: "If any one, for the sake of

indulging lust, or through revenge, does anything to a man or woman,

or gives them anything to drink, whereby they cannot generate, or

conceive, or bear children, he is to be treated as a homicide." Any

one who sterilizes a man by vasectomy or a woman by fallectomy or

oöphorectomy, for an improper motive, _ipso facto_ falls under this

decree, and is before the canon law classed in the same category as

a murderer; that is, the agent is deemed guilty of a grave crime

against nature.

If a man has vasectomy done upon himself, his intention may be (1) to

use the debitum without the inconvenience of having children; or (2)

to avert from a wife with a narrow pelvis the dangers of the cesarean

section or other obstetrical operation to herself and the child; or

(3) to avoid the transmission to possible offspring of a hereditary

disease like Huntington's chorea or one of the others mentioned at

the beginning of this chapter; or (4) to cure himself of some malady.

1. If vasectomy is done merely to be able to use the debitum without

the inconvenience of having children, it is evidently illicit. It is

in that condition the same as onanism; it is contrary to the basic

justification of marriage; it is a frustration of nature; and so on.

2. If it is done to safeguard a wife with a narrow pelvis it is

a means, evil in itself, used directly to effect a good end; and

a good end, or any end or effect, never justifies a direct evil

means or cause. There is in reality no such thing as a good effect

from an evil means or cause; the evil means or cause essentially

and substantially vitiates the effect. There is no question here of

a double effect, one good and one evil, wherein the good effect is

intended and the evil permitted, both coming with equal directness

from the single causal act. On the contrary, from the vasectomy

here there is the single direct effect that the man is sterilized,

and then directly from this sterility comes the desired effect, the

protection of the wife. For exactly the same reason, vasectomy done

to prevent the transmission of a hereditary disease is illicit; it is

an evil means used directly to effect an end intended. In artificial

abortion when the fetus is inviable the act done is to empty the

uterus, and this act itself kills the fetus, which is not an unjust

aggressor, and is murder. This murder may save the mother's life,

but the end does not justify the means. The vasectomy to protect the

mother's life or to avert an evil heredity is a parallel case.[245]

[245] See the chapter on General Principles concerning Mutilation

for an explanation of the act with a double effect.

The fourth case supposes that the vasectomy was done to cure the man

of some malady. If there were a malady that endangered the patient's

life, or destroyed the health of the body and it could be cured by

vasectomy, the operation would of course be licit for the reasons

given in the chapter on General Principles concerning Mutilation.

Dr. Carrington tells us[246] that he did vasectomy on an epileptic

convict and cured him. Such a cure is doubtful as to permanence. He

describes two dangerous insane negro homicides who were rendered

harmless by vasectomy. In cases like those of the homicides any

one responsible for them would probably be justified in having the

operation done, although these two cases are the only direct ones on

record. Epileptics sometimes show a homicidal tendency, but it is

doubtful that vasectomy would help them. The operation of vasectomy

as a cure for bodily ill has a very limited field. There are very

many conditions in women where it is necessary to remove the ovaries

or the tubes to save life, or to cure chronic invalidism of an

unbearable nature. These conditions are discussed in the chapter on

Gonorrhea. There is no objection to the removal of a tube or an ovary

when such removal is absolutely necessary, but the necessity must be

clearly evident. There is a tendency in some surgeons to mutilate

women in this manner without sufficient reason or to follow out a

therapeutic theory.

[246] _Virginia Medical Semi-monthly_, vols, xiv, xv.

Men, like Sharp, who have done hundreds of vasectomies, say the

operation commonly removes the inclination to masturbation.

Masturbation is, as a rule, a moral condition, but it can, like

alcoholism, come to have a large physical element. Idiots almost

unexceptionally have this vice, and in them there is no morality

possible. If by vasectomy they can be cured of this vice, which

injures their health and is a social indecency and a source of sin

in observers, the operation would be licit in their case. When the

patient is morally responsible vasectomy would not be licit, as there

is no adequation between a physical evil like sterilization and a

moral vice. There are cases of pathological sexual erethism which

are so violent that the patients must be put into strait-jackets to

prevent constant masturbation. The semen of such patients is usually

devoid of spermatozoa. If the patient is confined in a strait-jacket

he will die, and vasectomy, according to Sharp, will quiet such a

man. Vasectomy would be permissible in these circumstances.

The question has arisen in the case of a sane masturbator who is

neurotic, weak-willed, and a confirmed addict to his vice, whether

or not his vasa might be tied off by ligatures, temporarily, with

the intention of removing the ligature later and restoring function.

I think not. Even temporary sterilization is sterilization, a grave

mutilation, while it lasts, and the condition is really moral

fundamentally, and therefore not a fitting object for physical

remedies.

When vasectomy is done by the State, it is done either as a penal

or as a prophylactic measure. As a general statement we can say

the State in certain conditions has the right to kill or mutilate

a criminal in defence of the social order; but even then any

punishment, to be justifiable, must be effective and necessary,

and it has to be either reformative, exemplary, or reparative in

regard to the crime for which it is inflicted. Capital punishment

and mutilation are effective usually, and are necessary for the

preservation of society. The natural law permits the State to

preserve itself against the unjust encroachments of individuals by

curtailing their rights in so far as that curtailment is effective

and necessary: since the natural law requires the existence of civil

society, it must allow what is necessary for the preservation of that

society. There is no question here of a good end justifying evil

means; the means which otherwise would be evil in these conditions

become good. Homicide and mutilation are not mere killing or mere

maiming, but unjust killing or unjust maiming. Killing or maiming is

not intrinsically wrong under all circumstances, as lying, blasphemy,

and some other crimes are; nevertheless, as a punishment by maiming,

vasectomy is ordinarily wrong, and therefore a law making it an

ordinary mode of punishment for certain whole classes of criminals,

or all criminals, is unjust.

It is wrong because as a punishment it is neither effective nor

necessary nor reformatory nor exemplary nor reparative--it lacks

every quality of a justifiable punishment. In Dr. Sharp's list

of vasectomies done in Indiana prisons, 176 operations were done

on men who voluntarily asked for vasectomy. There is no pain, no

inconvenience caused by the operation, no sexual change perceptible,

but a fitting of the criminal to indulge his lust without the various

inconveniences of impregnation. Instead of being reformatory,

it is conducive to crime. I find only one man who objected to

vasectomy.[247] In this man vasectomy was added to life imprisonment

as a punishment for rape.

[247] _State of Washington vs. Feilen, 126 Pac. R. 75._

The legislators in the States which have passed the vasectomy law

all seem to have been influenced by the pseudoscientific notion that

criminality is a hereditary condition, a physical disease, and not

a matter of volition. This Lombrosan absurdity is now held by no

physical scientist, and from an ethical point of view it is nonsense.

Moreover, if the State vasectomized all the criminals in the jails,

this method would not appreciably affect the supply of criminals, nor

reach an appreciable minority of the criminal class, as the most

dangerous criminals are not in jails.

The operation is not a punishment to the men upon whom it is done,

but it is an unnecessary deprivation of an essential right of these

men, an excessive, ill-ordered attack on a primary right of man,

and an act of violence against human nature and its Author without

adequate reason. The law is against the natural order because it

directly deprives a man, and that against his will, of functions

which are at times a moral necessity to him, and puts him into the

occasion of sin. Vasectomy does not remove his venereal desires, but

gives opportunity to lust; it turns the conjugal relation into mere

onanism and degrades marriage into a crime. Other conditions, like

military service, in which necessity obliges the State to place its

citizens and thus prevent the conjugal relation, cause an indirect

temporary prevention, reluctantly permitted, not directly intended.

Vasectomy is an evil directly intended.

It is to the interest of the State to prevent the transmission of

hereditary disease, and in doing so it may to a certain degree

curtail the natural liberty of its citizens. When the peril is great,

as in a plague, the State may isolate infected individuals, and thus

indirectly, but temporarily, prevent a natural right--namely, the

conjugal relation. It may even perpetually isolate, as in leprosy.

Vasectomy, however, is a direct prevention without reason, and it is

done as a direct evil means to effect a so-called end which it never

attains.

A man with Huntington's chorea, if married and if he has children,

will surely transmit the disease to some of these children, and they

to their children. Vasectomy on him will prevent a propagation of

his kind but will cure no disease. Moreover, he is not a criminal

and not amenable to punishment. The bad effect, sterilization, must

be perpetual in his case or it is foolish, but the sterilization is

not a punishment, nor a means of saving the health of the patient.

Whatever good comes of the act comes out of an evil cause. If such a

man persists in marrying, his marriage might be prevented, but that

is different from mutilating him.

The State has no _direct dominion_ over the lives or members of its

citizens, nor are citizens naturally mere instruments for the good of

the government; on the contrary, the government exists solely for the

good and utility of the citizen. The State may not take the life of

an innocent person, nor mutilate him, unless these acts are necessary

either (1) to protect the life or rights of individuals; or (2) to

preserve the social life of the commonwealth. Now, neither of these

two requisites is present when there is question of vasectomizing a

man.

The right or life of no individual is at stake. The rights of the

possible children, yet unborn, are not injured, because, as these

children are not in existence, they have no rights. Should they come

into being, it is always better to be, even though diseased, than not

to be. The methods of cattle-breeders in dealing with human beings is

not a virtue in the State, but an outrage and a degradation of human

nature.

The rights of the wife are not injured, because she personally

receives no injury; and if her possible children have chorea, for

example, she either voluntarily took that risk when she married, or

if she did not, through ignorance, there are other means to avoid

the trouble than the evil of sterilization, which in itself would

render the use of marriage onanistic. If the husband has syphilis,

gonorrhea, leprosy, tuberculosis, or any other infectious disease,

vasectomy is no protection for the wife.

May a physician employed by the State in a prison, an institution

for the feeble-minded, or a like place, do vasectomy at the command

of the law? Certainly he may not, except in those rare cases where

vasectomy is permissible as described above.

The advocates of freakish legislation harp on the assertion that

insanity and imbecility are increasing alarmingly, and as a

consequence the entire nation is degenerating. To cure this evil we

are to mutilate certain criminals and the mentally defective. It is

not true that insanity and mental imbecility are increasing in a very

marked degree in the United States. The number of inhabitants in this

country is increasing rapidly, and as there are more people here than

there were a few years ago, the number of the insane and the mentally

defective has increased _pari passu_, but the percentage does

not increase to any degree that calls for immoral and ineffective

legislation. Only of late years have the State governments begun to

classify, diagnose, and gather up the insane and the imbecile, whom

we always have had with us, and these processes have brought the

defectives into the light.

Our late immigrants are not equal in race, in mental and moral

strength, to the old northern European immigrants. In Philadelphia

the foreign-born population is 24.7 per cent. of the whole, but

that foreign-born population gives us 44 per cent. of the indigent

insane. In New York State 27 per cent. of the registered insane are

not American citizens. What we need here is not sterilization, but a

better control of the immigrant, a keeping out of the unfit. Again,

our insanity percentage is increased avoidably by the undoubted

increase of insanity among negroes. We are accountable for this

because we do not care for our helpless negroes. These people are

prevented by trades-unions from learning and working at elevating

trades, and they are thus forced unjustly into a poverty and

degradation which lead to vice and mental deterioration. The cure is

not a jail surgeon's scalpel, evidently.

A system of education that ignores the will, upon which morality

and virtue are based, and substitutes a sham intellectuality as

elaborated by ignorant boards of education and administered by

emotional, half-educated women, together with a lack of genuine

religion, is a prolific source of mental and moral deterioration and

consequent degeneracy in the physical and moral orders. Our American

public-school system is such, and its deity is the unwashed and

crassly depraved god Demos, whose bible is the evening newspaper.

If we could civilize our schools, we should have no mention of

legislation by vagary.

BIBLIOGRAPHY

Ecclesiastical Review, vols, xlii, xliii, xliv, xlvi, xlvii,

xlviii, _passim_. Philadelphia.

Gemelli. La Scuola Cattolica, November, 1911. Milan.

Stucchi. _Ibid._

Eschbach. _Ibid._, February, 1912; Analecta Ecclesiastica,

September and October, 1911.

Capello. La Scuola Cattolica, February, 1912.

Michaud. Nouvelle Revue Théologique. Paris, 1914.

Schmidt. Zeitschrift für katholische Theologie, nn. 1 and 4,

1911.

Ferreres. De Vasectomia Duplici necnon de Matrimonio Mulieris

Excisae. Madrid, 1913.

De Smet. Collationes Brugenses, December, 1910.

Wouters. Nederlandische kathol. Stemmen, January 15, 1911.

Waffelaert. De Virtutibus Cardinalibus, vol. ii. Bruges, 1889.

Sharp. Journal of the American Medical Association, December 4,

1909. This is the article which started the entire vasectomy

controversy.

Barker. Maryland Medical Journal, April, 1910.

Bell. Hereditary Criminality. Medico-Legal Journal, vol. xvii.

New York.

Desfosses. Presse Méd., vol. xviii.

Rentoul. St. Thomas Hospital Gazette, vol. xx. London.

Swift. Maine Medical Association Journal, December, 1914.

Lydston. Medical Record, November 8, 1913. New York.

The Ethics of Medical Homicide and Mutilation · 第 23 / 24 章