The daily union., 1852-10-01

stances hnd Cited COnneXion Win oi
select committee OF the House OF Representatives. for
which paid 032, making an aggregate OF $685.
paid by the United States for patents and the use OF
patented articles
Since have been a member OF the Senate, when
orous indiy iduas have before Us, who had made
important discoveries, we have aided them TO tes Their
discoveries by appropriations, amounting In the whole 10
| $4,000
mention these facts TO show thot preeedens all IN
favor OF such use OF the public money to enable the gov.
ernment 10 avail itself OF important discoveries .
will not deain the Senate by saying more on this sub
ject will briefly sum up This discovery Is most
valuable one TO the human family at large. The TWO
branches OF public service. the army and navy have
avaed themselves extensively OF IT, is one OF the most
valuable remedial agents that the world has ever known
II is in constant and growing use This idea which we
thus using not only Proongs human e ana
soldiers and sailors, and all IN our pubic service
from immense suffering, but is saving. IN that mode OF
treating diseases. thousands upon thousands OF dollars
every year and every month This individual cannot en-
nature OF the case. We making OF his property
TO our great benefit and he is receiving compensation
whatever for it Then the papers before me, as have
read them show that he is the individual who entitled
TO compensation any one, for the use OF lhs properly
We find that the practice Of the governments very en-
lghened and useful practice, IN my opnion-has been ~
favor OF appropriations OF this sort Ihen SIR, ask
this is proper occasion for the continuance OF this
practicel When there before us more meri-
torious case The medical profession throughout the
country sustain the assertion that this IS the mos
valuable remedial agent that ever has been known
How can we then. in justice TO ourselves. in common
justice 10 the individual who has furnished us this vau
able, rather invaluable remedy refuse TO pay him
for it'
/ Mr. SMITH | do not know that at any time since
have been in Congress have been more surprised than
was yesterday learn that this Dr. Morton instead o
presenting petition 10 the Senate, had. without the
knowledge oil many members OF this Senate and OF cer
tain other parties who interested IN this matter gone
before the Committee on Military Affairs OF this Sen
ate
4 Mr. SHIELDS. And the Committee on Naval Al
i fairs
Mr.. SMITH And the Committee on Naval Affairs i
you please, and had pdre hearing, in order to In
duce them 10 make report and introduce this PROPOSE
lion by way OF amendment 10 general appropriation
bill. knew that he had presented petition to the
House OF Representatives knew that he had caused
a select committee to be raised which we all know is
ordinarily favorable 10 the object that Is sought TO DC
effected by means of raising such committee. knew
that he bad been before that committee, and that they
had decided TO draw up report in his favor; which re-
he had caused to be printed at his own expense ana
circulated among members OF Congress But, sir did
not dream that he had been seeking TO obtain the udg.
ment OF one Of the standing committees OF this body.
without any knowledge or information whatever 10
oher parties who deeply interested in this subject
who would have before that committee and sub
mted facts which would have had important bearing
upon this subject
Sir, assert in the first place, that this DR.. Morton
has made discovery that paentable. 1t is true that
he went into the Patent Office several years ago. and took
out patent for what he was pleased to denominate
!. Letheon." But the very idea that this artcle-or
whatever it may be caled-s pa,entable is ridiculous,
and so considered by the medical profession in this
county, Wndts would IKE 10 KNOW, mas LII. hoItou
patented What has he professed TO discover Has
he discovered suphuric eher' No pretends that
he has Has he discovered that suphurc ether can be
taken into the lungs with impuni,y' Why, when was
a boy in college saw it administered 10 the students
over and again. We used to take this same sui
phurc ether into the lungswe called il Laughing gas
and used TO be greatly amused at the antics which
were performed by the young gentlemen, being af-
fecied in one way and one in another.
/ MIR. SHIELDS. The senator will pardon me for IN.
terrupng him. but think he has forgotten matter OF
act " he q
venture TO say that when in college he knew nothing
about sulphuric ether.
Mr. SMITH Nitrous oxide gas produces precisely
the effect sulphurc ether 1t nitrous oxide
gas thai was administered, and my friend from North
Carolina (hfr BApoERl will recolect at the time he and
were at college the effects that were produced They
were precisely the same as are produced by uphuric
ether Medical men generally believe that this species
OF ether s under all circumstances the best that can be
administered But wish to inquire OF my friend from
Illinois, tMr. SHIELps,l who seems to have formed an
opinion upon the subject, whether this gentleman claims
TO have discovered suphuric ether Does ne pretend 70
have discovered that this substance be taken into the
lungs with impunitya Not at all.
i Mr.. SHIELDS. 1 will answer presume not ]
think that this element existed about the time OF The Gre
pcalon Of this element All discoveries Of the same
kind
/ Mr. SMITH. | assert that Dr. Morton did not make
the discovery oil its application insist that he has
made no discovery whatever The discovery which has
been made is the effect OF ether nitrous oxide gas, OF
chorofom, when taken into the lungs, TO produce lnsen
that anybody has made. | say that nitrous oxide gas
and chorofom will produce exactly the same effect as
sulphurc ether agree fully with what the senator
from Wisconsin Mr WALKERl has said iha, the dis
covery that this substance when taken into the lungs
will produce insensbiiy TO the operation OF the knife
very great boon 10 humanity; but deny that v -
patenable discovery. IL is the ascertaning OF
particular effect IRON the inhaling OF vapo that has
been used for the last fifty years al least Physicians
have been in the habit OF administering nitrous oxide
gas and suphuric ether Tor many years. but they did
discover OF
these substances, could submit 10 surgical operation
without feeling any pain. This Dr. Morton came TO the
Patent Office and undertook TO tell, by specifications
there how this ether be compounded and admin
stered and pretended TO get out sort OF patent
right. A patent for a effect Who ever heard o
such thing He does not patent machine or an ap
paraus but effect OF certain substance which man
kind bad not yet ascertained That insist IL not patent
able and am willing to leave 1t to any lawyer in this
chamber doubt il Or. Morton ever sold patent, o.
pretended TO sell it. And repeat that the idea that the
sscerianing OF effect is paen,ableisa matter o.
rdicue all over the northern portion oi the country.
II Mr.. BROOKE. Does the honorable senator consde
Daniel Webster a lawyerl
Mr.. SMITH have little sort OF suspicion that HI
II is.
i Mr.. BROOKE. Then will refer the senator to h'
opinion, lawyer, in regard to this discovery whcf
is, that this is subject OF patent .
II Mr. SMITH. II this is a patenable thing, and Mr.
Morton has patent OF il, why, ask, does he not assef
bis right' Why don't he sue somebody
il Mr.. BADGER Sue the United States
il Mr. SMITH Why don't he sue individnalsl ~
never instituted suit against anybody or attempted
enforce his right in any form. The physicians and sur
geons all the country using IT. and all over Eu
rope, too, and Dr. Morton never demanded penny