Freedoms

New Jersey's legislation was passed in 1911. Chapter 190 of its statutory code created a special three-man "Board of Examiners of Feebleminded, Epileptics and Other Defectives." The board would systematically identify when "procreation is inadvisable" for prisoners and children residing in poor houses and other charitable institutions. The law included not only the "feebleminded, epileptic [and] certain criminals" but also a class ambiguously referred to as "other defectives." New Jersey's measure added a veneer of due process by requiring a hearing where evidence could be taken, and a formal notice served upon a so-called "patient attorney." No provision permitted a family-hired or personally selected attorney, but only one appointed by the court. The administrative hearing was held within the institution itself, not in a courtroom under a judge's gavel. Moreover, the court-designated counsel for the patient was given only five days before the sterilization decision was sealed. Thus the process would be swift, and certainly beyond the grasp of the confused children dwelling within state shelters. New Jersey's governor, Woodrow Wilson, signed the bill into law on April 21, 1911. The next year, he was elected president of the United States for his personal rights campaign known as the "New Freedoms." Stressing individual freedoms, Wilson helped create the League of Nations. President Wilson crusaded for human rights for all, including the defenseless, proclaiming to the world the immortal words: "What we seek is the reign of law, based upon the consent of the governed, and sustained by the organized opinion of mankind."

--Edwin Black, "War Against The Weak: Eugenics And America's Campaign To Create A Master Race", p. 68-69