The daily union., 1852-10-01
SATURDAY. AUGUST IS. 1852.
sULpHURIc ErnER.


SATURDAY. AUGUST IS. 1852. III
suLpHURIc ETHER.
The Senate having under consideration the bill ma
king appropriations for the support OF the army for th
year ending June 80, 1853
| MIR. B0RLAND, from the Committee on Military Al
fairs, submitted the following amendment 10 come
after the appropriation for the medical and hospital d.
pariment OF the army
To enable the President of the United States 10 no.
Morton the i2th day Of November, 1885, for his d.
sioo.o6oo" - ''''' p''p''''' '''pA'''' sum-
| Mr. BORLAND II the Senate will give me their /.
tentlon Tor few moments, will make brief statement
OF the grounds which this amendment is based
| Mr. SMITH. Mr. President, | rise TO a point of q.
der. object 10 the Introduction OF this amendment q
the ground that Il is merely private claim that The
subject OF petition to the House OF Representatives
the House il has been referred 10 select committee, ad
that committee has mol reported They have howevs,
drawn up report and the party himself, Dr. MoIio.
1 watching this subject during the whole session.
Mr.: BADGER. Ia this discussion in order, Mr.. Pre-
ident When senator rises to point OF order ho must
state his point OF order. ID 20 into discussionb
| the merits OF the question
MIR: SMITH. am not going into the merits Of lie
question now; shall have something to say abou, then
hereafter, however 1 was saying that this is prvae
claim against the government and it is not insisted that
II is founded IN law, but in equity petition has ben
presented to The House of Representatives which Vas
| Mr.. BORLAND. rise TO point OF order-that sen
ator who makes point Of order must not argue it.
The PRESIDENT. Wha, is the point Of order which
| Mr. SMITH. That this is private claim
The PRESIDENT. The Chair has no question but
that i would have been inadmssibe under the ruiz il
It had been for the exclusive benefit of individual
but inasmuch as the amendment proposes to confr a
benefit also upon the government and upon the country
the Chair is under the impression that is not TO becon-
sidered as private claim and Is therefore 10 order.
/ Mr. BORLAND. Mr. President, if the Senate will
give me their attention for few moments think can
put this matter on It's true merits The proposition s to
appropriate 100000 TO enable the President OF the Uni
ted States to purchase from patentee his patent the
privilege OF using property 10 which he holds exclusive
right under his patent.
The first inquiry that we make is Is that which we
propose TO purchase valuable and If il is, what is IFS
value! will not undertake to go into detail n facts,
or any argument to show the value of the discovery Of
the application OF suphurc ether anaeshetic agent
II is subject which has been before the public SO long
that apprehend every senator is familiar with its his
tory and the character OF the discovery state what
apprehend no one will controvertl state member OF
The medical profession. representing in that respect
think, truly the universal sentiment OF the profession
throughout the worldhat as discovery beneficial to
the human Tace-if it be second 10 any which has ever
been given to the world-t is second TO vaccination
alone. know that the universal sentiment OF the med
ca profession far that sentiment has been
ed, IS that is second TO vaccination. But also know,
and state with confidence that immense number, al
most an equal number, of the medical profession think it
IS OF equal value and many of the very highest author
y consider it OF much greater value Than even vacc
nation to the human race So much for the estimation
in which it is held blythe medical profession throughout
the world.
Thea sir for the estimation in which it is held BY the
officers OF government who have availed themselves
Of it's in the public service, have before me letters
from the Secretary Of War, from the Secretary Of the
Treasury from the Secretary OF the Navy from the head
OF the medical department of the navy and from the head
OF the medical department of the army all concurring in
assigning to this discovery as used in the public service
the very highest value, and expressing the wish that the
government might. by proper means avail itself Of the
right to use i in the public service will not read these
letters J. would occupy too much time OF the Senate to
they be read All that il is OF the very high
est value, both to the army and navy; that il has been
avaled OF for years past and that ncacuabe benefits
have resulted TO the public in saving life and allaying
human suffering, greater than has ever been derived
from any one source. II is well-known fact that in
the army and navy, in the performance OF all important
surgical operations this agent is very rarely il ever
dispensed with And only 10 the army and navy
not only is It used in saving life and suffering The
part OF soldiers and sailors but throughout the
private practice OF the country the most eminent sur
geons and physicians resort TO il now habualy and de-
clare that II has become one OF the NEST important and
valuable agents which they have in the profession. Ii
there were time, could go on for hours in giving the
particulars, giving the modus operdnd giving the
by name and by number, till they would couat thou
sands upon thousands but there is time at this
period OF the session for that
The next point would present is, how far it is rec
commended TO our considerations The select committee
OF the House OF Representatives, whom this matter
reierred-athough, as the senator from Connecticut
suggests, they did not formally make their repo-yet II
only because opportunity afforded Tor them TO
do So They have prepared repoH-it is here before
me-a most elaborate learned and conclusive report as
to the ncacuabe value OF this agent and the propety
in the opinion OF that committee, Of its being availed OF
by the government
Sir NAV be asked il this be so valuabe-iftb this indi
vidua has patent for why does he no, avail himself
OF the use OF the patent, and prevent the use OF suphu
rc ether anaeshec agent without recompense to
him. need hardly remind the Senate of the fact that
II is OF those In which he cannot enforce his
legal rights How he, sir Why, this agent Is used
in every Stale and county in this Union and it may be,
and perhaps is used almost every family where pbys
clans Practise he has practical remedy for the VIOLA
on OF his patent Can he 20 to the bedside OF the SICK
and suffering patient who is undergoing an operation
under the influence OF this agent, and lay Injunction
upon its such an occasion Certainly not. II is
one OF those cases which must strike the mind OF every
man that his PATENT so far as the legal remedy extends
worthless 10 him, although he has the legal right Tor
he holds the patent from The United States TO its ex
elusive use for a certain term OF years.
The next question is, Is the individual who holds
the patent lawfully entitled, any one, to be paid for
the use OF this agenti say he is. have before me
here copy OF his patent and OF the record in Patent
Office. The official OF officers have recognised
and established as our laws require the identity OF this
individual the lawful owner. Il has been stated |
know, and may be repeated that there is adverse
claimant, that there is another individual who claims to
be the dscoverer, and who has title to at least por
on of the compensation which propose TO pay. But
that have show that If that individual
had any right be considered the dscoverer, any title
to compensation, IL has been renqushed for consider
alton in favor OF Dr. Norton for here have from the
Patent Office an official announcement TO that effect.
which signed by Dr. Jackson, the only individual that
know OF who eets up adverse claim 10 this discov-
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