ites: the civil and canon law contain numerous 
eses and enactments concerning them, and their 
succession is provided for by the laws of England. 
The gen of these laws tends to ‘orm regu- 
= eral scope according to the a 
Jations which 
predominance of sex; for the ancient legi Iatore, though 
sufficiently aware of this distinction, do not seem to 
have admitted he’ ites as possessing a complete 
pea anes of the generative organs. Being undoubt- 
dly founded on experience, they cannot be considered 
void of interest. numerous and diversified ordi- 
nances of the Talmud divide hermaphrodites into four 
classes ; under which aspect they are to be treated part- 
ly as male, oes female ; next, as both male and fe- 
male; and, lastly, as neither male nor female. First, 
they are like men, in “ne d obliged to dress in male at- 
tire, and marry their ers widows. Secondly, the 
are like women, because they may not converse wit 
the male sex alone in cw they may walk among 
the dead; and are prohibited from bearing testimony : 
also, because they may shave their heads after a parti- 
cular fashion, and pluck out their beards. Thirdly, 
they are to be esteemed both men and women, from 
having their share of the paternal and maternal inheri- 
as of either sex: they may retire to a sanctuary in case 
of accidental slaughter, and remain there as if it had 
been of either a man or woman; and if it be murder, 
they shall be put to death as for killing either a man or 
woman, Fourthly, hermaprouites are to be consider- 
ed neither ma{ nor woman, by the law of Moses, in 
striking or calumniating another, but the judge shall 
ordain reparation; nor in making vows to the Deity, 
or in withdrawing from the sisal 06 devote themselves 
to his service. Many other partitions are made under 
these divisions. The canon and civil law displays all 
that uncertainty which is the natural offspring of pre- 
judice, and the want of knowledge. Doubts and ques- 
tions are started, useless to society, and oppressive to 
those affected by them; and in general they are, as in 
the Jewish law, to be solved according to the predomi- 
nance of sex. Notwithstanding the numerous and ab- 
surd restraints put u supposed hermaphrodites, it 
does not appear that they are precluded from marrying ; 
on the contrary, if the two sexes in themselves be equal, 
a choice of the a is left, while other cases of mar- 
riage are regulated by the sexual predominance. How- 
ever, should the question be regarding an oath, the or- 
dinances of the church seem to declare, that under the 
same equality of organization the testimony must be re- 
jected. Hermaphrodites may not be promoted to holy 
orders, on account of deformity or monstrosity ; nor 
can they be appointed judges, “ because they are rank- 
ed among infamous persons, to whom the gates of dig- 
nity should not be opened.” These are but afew of 
the prohibitions levelled be fore them. Many are cruel 
and 3 and of so singular a kind, that a 
learned and humane pune exclaims, “ would not 
any one conceive, that these supposed androgyni, in- 
stead of bag Sy same nature with us, however 
marked and ed their parts of generation might 
be, were rather another race of animals, sui generis, hax 
what they really are, when a string of laws, compiled 
with so much accuracy, and in such a formal manner, 
has been exhibited and increased in all ages?” Yet ra- 
tional enactments, founded on experience, are by no 
means void of utility ; for observance of the law may 
prevent contention in all the mazes of doubt. Thus M. 
HERMAPHRODITE, 
tance, and such other succession, which they may claim” 
Ferrein, a modern 
consulted by the relatives of a young nobleman, labour- 
ing under a dubious conformation, who, if a male, as 
was commonly believed by them, would inherit a con- 
siderable estate, to which he could have no right if be- 
longing to the other sex. Having afterwards occasion 
to illustrate the case, we shall not here antici the 
result. The subject of succession is doubtless fit for 
regulation, and uently must frequently be deter- 
mined by the predominance of sex. Ha the ab- 
surd penal laws, directed against this portiog of our fel- 
low creatures, are obsolete among us. 
We shall now proceed to the opinions of recent phi- 
losophers and naturalists, which afford more 8 
sources of knowledge and entertainment. These are 
widely different from what were received of ld, and 
most of the moderns incline to a different opinion: they 
doubt whether there is any well authenticated instance 
of a person having been seen with the organs of both 
sexes complete. 
The origin of sex is in itself a dark and mysterious 
subject. That of no living animal can be distinctly re- 
cognised at an early period of existence ; and some na- 
turalists affirm, that there is reason to believe that the 
organization is such as to admit the evolution of the 
parts of the embryo, distinguishing either male or fe- 
male; and that this evolution takes place during some 
period of gestation. Thus Ackermann adopts the princi- 
ple, that in omni individuo latent utriusque sexus enitalia, 
a'modo diclis dependet circumstantiis an hee an illa evolvi 
et increscere debeant. The cause of evolution, however, 
if we rightly understand the author, will scarcely be 
admitted by naturalists ; for he seems to ascribe it to 
matter of which the presence can only be presumed ; 
Discrimen quod a sexu est non absolutum sed ad ceteras 
partes respectivum dici debet. Sicut fartus vel ex matertet 
plastic excessu vel ex oxygenit ‘abundantia, coaluit, e 
prout in prima uterine vita epocha in foetus incrementum 
vires agunt extranea, ita jam vir jam Semina nascitur. 
Sir Everard Home also appears to consider “ the ovum, 
revious to impregnation, to have no distinetion of sex, 
ut to be so formed as to be equally fitted to become a 
male or female foetus.” On descending to the insect 
tribes, we find an intermediate kind between the two 
sexes, in those called neuters, incapable of generation, 
But certain naturalists have shewn, by ingenious expe- 
periments, that among bees, where this distinction is 
most prominent, the imperfection ef be removed by 
a particular sort of food early suppl , and the sexual 
organs of females amply unfol ‘ 
hermaphrodites, or 
ving the subject of p 1 
those with the combined sexual organs entire and ca- 
pable of performing the generative functions, we shall 
now give some account of the three classes into which 
hermaphrodites may be divided. First, individuals exhi- 
biting a mixture of the sexual organs, neither being eom- 
plete ; secondly, men labouring under a malformation of 
the parts ; and, thirdly, females with 3 imperfec- 
tions, by enlargement or defect. Ex of the first 
are extremely rare. Such perhaps is a case mentioned in 
Dr Baillie’s Morbid Anatomy, where the person was 24 
ears of age, and examined as a patient of Nottin ham 
ital ; and such perhaps was an androgynous child, 
which is the subject of discussion by Ackermann. An- 
other instance is related in the Journal de Medicine, of 
a person who was long considered a woman, treated as 
such in society, and who was either married or lived 
in concubinage with a man. At the same time, others 
751 
iysician, acquaints us, that he was — a 
—_—o 
Intermix- 
ture of the 
sexual or- 
gans. 
