SPEECH 
« 
HON. STEPHEN J. COLAHAN. SPEECH 
OF 
HON. STEPHEN J. COLAHAN, 
ON THE 
ADMISSION TO THE PRACTICE OF MEDICINE 
AND THE DISPENSING OF DRUGS. 
DELIVERED IN CONVENTION, NOV. 19 1867. 
REPORTED BY E. F. UNDERHILL. 
ALBANY: 
WEED, PARSONS AND COMPANY, PRINTERS. 
1867. Mr. Colahan—I wish to call up a resolution offered by me on 
the 22d of August last. 
The Secretary proceeded to read the resolution, when Mr. Cola- 
han offered the following substitute: 
The Secretary proceeded to read the substitute as follows: 
Resolved, That the following section be referred to the committee 
on revision and embodied in the proposed amendments to the Con- 
stitution of this State: 
Sec. —. At the first assembling of the Legislature of this State 
after the adoption by the people of the amendments made by this 
Convention to the Constitution, the Governor, with the consent of 
the Senate, shall appoint two State medical boards. One of said 
boards shall be composed of three members of the medical profes- 
sion, of the homoeopathic school; the other shall be composed of 
five members of the medical profession of the allopathic or old 
school of medicine. No person shall hereafter be permitted to prac- 
tice medicine in this State, unless after having passed a satisfactory 
examination in physic and surgery before either of the before- 
mentioned boards. This provision, however, is not to affect 
practicing physician now duly authorized to practice by any legally 
constituted college of this State. The respective pharmaceutical 
societies of this State* duly incorporated, according to law, shall 
have full power to license apothecaries and druggists, and no person 
shall hereafter dispense or compound drugs without a license from a 
pharmaceutical society, as before referred to The Legislature shall 
regulate the terms of office and compensation of the members of 
said medical boards, and direct a uniform system of examination to 
be made by pharmaceutical societies of all applicants for permission 
to dispense and compound drugs in this State, and have all further 
power to effect the carrying out of the intendment of this section. 
The Legislature shall make it a criminal offense, with any additional 
penalty, for any person to violate the provisions of this section. REMARKS. 
Mr. COLAHAN—I would have called this resolution from the 
table at an earlier time were it not that I awaited the disposition of 
the reports of the Committees on Finance and Canals. This dispo- 
sition not being made in the time I anticipated, I am compelled, in 
justice to the subject of the resolution, to call it up for action this 
morning. The subject-matter of the resolution itself is somewhat 
out of the channel of matter that has been heretofore acted upon by 
this body, and interests vitally every inhabitant of this State. It is 
not cramped with the shackles of political expediency, and with its 
just determination would not carry one harmful effect to the deposi- 
tory of hopeful prospects of either of the great political parties in 
this State. That the medical profession of this State is in a condi- 
dition of decline ; that medicine is distributed carelessly and ignor- 
antly and to the destruction of our people, that there is a practical 
remedy, and that this body should effect the same, I will endeavor 
to show in the few remarks I am about making. Nearly two thou- 
sand years ago, Jesus the sun of Sirack, pronounced “ that the skill 
of the physician shall lift up his head ; and in the sight of great men 
he shall be in admiration.” In this country, more than any other 
to all appearances, if there is not State protection given, these words 
are destined to lose much of their truth. For the better and readier 
understanding of the subject, I will refer briefly to the more impor- 
tant laws made by our State on the practice and dispensing of medi- 
cine. Since 1760, when the first law was passed purposing to 
regulate the practice of medicine in the city of New York, and up 
to the present day, legislation in our State on this subject has been 
ambiguous, indefinite and insufficient. It was first enacted that none 
should practice medicine unlesss he passed an examination in physic 
and surgery, and was admitted by one of his majesty’s council, th$ 6 
judges of the supreme court, the attorney-general, and the mayor of 
the city of New York; or by any three of them, taking to their 
assistance for such examination, such person or persons, as they, in 
their discretion, shall think fit. There was a penalty of £5, with 
costs, against any person practicing without such testimonials. It 
will be remarked that under the provisions of this law, the applicant 
was admitted by a board that knew nothing of medicine, being com- 
posed of those from other stations in life, and the penalty against 
quacks, but £5. ’ In 1792 a law was passed which required two 
years’ study with some authorized physician. Under this act, the 
physician without the proper testimonials, or in other words, the 
quack, had no legal claim for compensation for his services. In 
1797 the first act was passed affecting the State generally. This law 
required the filing of the certificate of admission; also, that the 
student served an apprenticeship of four years’ study with one or 
more respectable physicians. The physician or physicians had to 
make oath to the fact. In 1806, the law was passed creating medi- 
cal societies. This act with some later amendments is the basis of 
the present system of legislation on this subject. Under its provi- 
sions, county societies and the State medical association were created. 
All of these corporate bodies were invested with power to appoint 
censors to examine candidates and grant licenses. In 1813 all pre- 
vious acts affecting the practice of medicine were consolidated. Five 
or more so called medical men could and can now club together, 
organize a county society and establish any regulations almost they 
please. In a few cases such action has been beneficial, but in others 
it has been just the contrary. This system is too diffuse and lacks 
the essential of permanent responsibility. In 1853, a law was passed 
which gave power to the trustees of every college incorporated, pur- 
suant to the provisions of this law, to grant and confer the degree of 
doctor of medicine, upon the recommendation of the board of pro- 
fessors of such college, and of at least three curators of the medical 
profession appointed by such trustees. This is the law under which 
colleges grant medical diplomas at the present time. The qualifi- 
cations called for are—being twenty-one years of age, of good moral 
character, having received an English education, having pursued 
the study of medicine and the sciences connected therewith for three 
years after the age of sixteen—and having received instruction from 
some physician and surgeon until he said student—was qualified to 
enter a medical college, and having attended two complete courses of 7 
lectures delivered in some incorporated college. The only differ- 
ence between the county society and the college is, the former has 
power only to grant a license to practice, the latter can confer the 
degree of M. D. Under this legislation, the power of conferring 
degrees and licensing is so general that too much competition exists 
and there is too little concentration of responsibility. There is too 
large a market for medical aspirants, and of the many roads that are 
thus made to lead by the Temple of Esculapius, the candidate for 
medical indoctrination will most certainly select that which is easiest 
trodden and leads him soonest to the object of his desires. Our 
medical colleges to-day are in competition, not to graduate students 
of ability and worth, but to manufacture doctors of medicine by the 
quantity. The clause of the law calling for a good English educa- 
tion has gone into disuse and become obsolete. Instruction from a 
physician before entering a medical college is not required, and the 
colleges have nearly all relaxed so much of their rigidity in the 
three years’ study that respectable professional men pronounce the 
whole system a farce. The law does nbt prescribe any system of 
study, but leaves the whole matter of instruction in the hands of 
the'se various rivaling institutions. So that, as these institutions 
increase, the labor of study will be lessened, as an increased supply 
of goods tends to depreciate their value in the market. Many of 
these institutions have able and praiseworthy men at their heads, 
but they cannot establish necessary regulations and rules, because 
the State does not support their efforts. Were anyofthem to exact 
proper study and qualifications, their ampitheatres or students’ 
benches would be vacant, for other institutions could give candidates 
as much authority in less time, and upon a great deal cheaper terms. 
On the subject of our college system, the Medical Record of June loth 
of the present year, says : 
“It is too wrnll known that under the existing system of admitting 
students to our medical colleges, the only desire seems to be to have 
a large class and swell the treasurer’s account. Every means is 
taken to attract young men to the study of medicine, without tak- 
ing into account their fitness for the undertaking. The result of all 
this is, that the number of students is in the aggregate very large, 
and the amount of brains they represent very small. There have 
been no measures adopted heretofore to ascertain the fitness of any 
would-be student of medicine for his prospective tasks in a medical 
college, other than the ability to write his name legibly upon the 8 
matriculation book. By that act he becomes a matriculant of the col- 
lege ; becomes accountable for the fees of his tuition, and that is all 
that is required of him.” 
Another great evil, is that of permitting individuals to practice 
medicine in our State, who claim to be graduates from institutions 
in other States, but who, in most cases, are only itinerant quacks, 
possessing neither qualifications nor reputation! There are colleges 
not many miles from portions of this State, where any person, upon 
a few months boarding and the payment of a small sum of money, 
can obtain a diploma to practice medicine, and this diploma is the 
highest and best compliance with our laws for the protection of the 
medical profession and the public. That there should be some 
restriction placed upon such individuals practicing medicine in our 
State without examination or license will be made somewhat patent 
by the following peculiar, interesting and truthful letter. It was 
read at the last annual meeting of the British Medical Association, 
in the city of Dublin. Sir Dominic Carrigan, in his opening address, 
before reading this letter, took occasion to censure the facility with 
which diplomas could be purchased in the United States. ' The let- 
ter read : 
Dear Sir : After having had the pleasure of your note of the 
sixth instant, I write to you in direct course. I stated in terms of my 
said letter, that no university but that of the State of Pennsylvania, 
gave degrees of medical doctor in absentia, the cost being £32 12s. 
in full of all demands, and delivered free. I will cheerfully assist 
you or your friend in obtaining the object in view. As I have four 
new degrees to get at Pennsylvania next week; please send me 
£32 12s. for the Pennsylvania degree, and I will send all the requi- 
sites to you in course. I am, my dear sir, 
“ Ewing Place, Glasgow, July 24, 1867. 
Truly yours, 
M. D.” 
In relation to charlatans, or those who have no qualifications or 
authority to practice medicine, the following evasive and evil enact- 
ments exist on our statute books : 
“All persons not licensed, who shall practice or attempt to prac- 
tice, as a physician or surgeon, or who shall prescribe for or admin- 
ister medicine or specifics for the sick, shall be liable for damages 
in cases of malpractice, as if such persons were duly licensed to 
practice.” 9 
“ No person shall be liable to any criminal prosecution, or to 
indictment for practicing physic or surgery without a license, except- 
ing in cases of malpractice, or gross ignorance, or immoral conduct in 
such practice.'5 
These laws are most remarkable, for they virtually give encour 
agement to all ignorant persons (possessing sufficient assumption) to 
engage in tampering with human life. The unauthorized and igno- 
rant are made only to assume the liabilities of an educated, experi- 
enced and legally-empowered member of the medical profession. In 
passing, I am reminded of an anecdote I heard told of the Univer- 
sity of Salamanca, which might be applied' with truth and grace to 
some of our institutions. A farmer called upon the president of 
the university to purchase a diploma for his son, and after paying 
the price, remarked that the diploma was so cheap he wished to 
have another for his mule, who was then standing outside. The 
president replied that the institution had tired of conferring degrees 
on mules, and now only conferred them on asses. What has been 
the result of all this dereliction on the part of our State ? Ask our 
decimated population; consult the childless, the widowed, and the 
orphan ! Read the death rate, and mark the tombstones ! Should 
this not suffice, attend our criminal courts, or sit upon a coroner’s 
jury, and contemplate the victim of another Dr. Septimus Hunter; 
the body, while quiet in the sleep of death, still bearing evidences 
of recent torture and agony ; those features contorted in their con- 
test with pain; the blood-stained floor; the surrounding terror- 
stricken and unconsolable friends; the victor standing with the 
spoils of his ignorance in his paralyzed and cruel grip, stricken 
dumb with the realization of his bloody achievement and the con- 
sequences of his brutal and fiendish deed. Every day we read of 
fresh victims to the holocaust of medical quaekery. The blossom 
of morning is blasted before the mantle of night is spread. The 
recital of another beautiful and promising girl wasted and withered 
to death in the hands of the abortioner has become as customary as 
the child’s daily errand to school. The record of another flooding 
to death, or of death from unnecessary or unskillful amputation is 
almost as common. Such destroyers of humanity and encouragers 
of sexual criminality advertise perfectly secure in our public journals; 
and law makers pass on in the bustle of life unobserving, and with 
a silence that bespeaks almost approval. In the hope of secrecy, 
the child of misery is beguiled to the haunts of the charlatan, and 
2 10 
too often, in a subsequent stage of decay, exposure and shame, this 
poor wayfarer seeks oblivion and rest by going the way of the sui- 
cide. Another subject for the pathetic lines of Hood : 
“ One more unfortunate, 
Weary of breatli; 
Rashly importunate, 
Gone to her death.” 
The Thomsonian remedy or practice of administering lobelia, was 
the result of State neglect. This poison hurried many to an early 
grave. Thomson went so far as to confer diplomas, for the sum of 
twenty dollars, authorizing others to practice his system. He dosed 
a patient to death in Massachusetts, but the court acquitted him, 
giving him credit for an honest intention and the expectation of a 
cure. But recently we had a pretended doctor in New York city, 
that had the populace feverish about his miraculous success. He 
lived in sumptuous style, and had people flocking to him for an 
interview. He received them in one door and passed them out 
another, singing out the word cure) as he hurried each person from 
him. The lame had to balance themselves or fall; the blind to see 
or stumble; and so all passed on, faith and imagination helping 
many until they reached home. The facts were, that when sense 
returned, the victims found themselves no better, out of pocket, the 
lame bereft of 'their crutches, the blind without eye covering, the 
sore without bandages, and all quietly reflecting on how they had 
been duped. Many Thomsons are to-day in our midst, extorting 
money from the ignorant and credulous, hurrying many to an 
untimely end, and rolling in luxury to the profit of the graveyard. 
Public attention is only called to the fact when an extraordinary 
case is brought to light; the grave swallows the sorrowful history 
of numberless innocent victims, and unconscious and afflicted rela- 
tives too often attribute to Providence or natural decay what was 
but the foul deed of ignorance and brutality. It is a very common 
practice for appothecaries to refuse making up many prescriptions of 
our practicing physicians. Such doses would kill or hasten the 
death of the patient in such instances. How does the poor patient 
fare where there is a reciprocity of ignorance between apothecary 
and physician? This is an unfathomable secret, for the doctor’s cer- 
tificate is the passport to the Necropolis; it smothers doubt, and the 
green sod covers all evidence forever. A greater evil still is the 
loose manner of regulating the dispensing and compounding of 
drugs in this State. Every day cases are reported, adding to our 11 
death-rate, caused bj the ignorance and carelessness of apothecaries. 
The doctor prescribes paregoric and the apothecary puts up opium. 
Numerous deaths have occurred in the city of Brooklyn alone from 
this last cause (owing to lack of knowledge and experience), most of 
which have been hushed up by influence and money. We have 
some laws that pretend to regulate the sale and compounding of 
drugs, but they have been framed in such a manner as to make the 
whole effort abortive. A case occurred but recently in the city of 
Brooklyn that deserves mention in this connection. A physician 
prescribed for a patient suffering from neuralgia, a drachm of quinine 
and one grain of nux vomica, to be divided into fifteen pills. This 
was properly made up by the apothecary. More of the medicine 
being needed, a messenger was sent to another store owned by the 
same apothecary. The clerk sent from the second store to the first 
for a copy of the recipe, but the copyist, owing to his ignorance or 
carelessness, misplaced the quantity, so that the pills compounded 
by the second party contained a drachm of nux vomica and one 
grain of quinine. The unfortunate patient swallowed only two 
doses and died in convulsions a few hours afterward. I do not wish 
to occupy the time of the Convention in citing further proofs to 
show the terrible effects of negligence on the part of law-makers 
to protect the lives of our people. Such a permission to quackery is 
direct fraud upon the public. The masses suppose the druggist, 
looking at his great mortar and pestle, his mystic abbreviations, the 
complications of his laboratory and smelling the blending scents of 
his shop, to be a man of great learning and skill. In European 
countries their estimate might be a correct one; but in this State, 
where every man, with the aid of a little handbook, can become his 
own lawyer and his own doctor, they shoot far off the mark. 
Impudence and money are the only requisites for an individual to 
start the business of pharmacy, and should he advertise liberally and 
post novel and mysterious bills, he can outrival a Hegeman, whether 
he kills or cures. In the city of New York a few years ago, an 
experienced apothecary hired a carpenter to fit up a store for him. 
Not having sufficient funds to compensate the carpenter, he sold his 
lease to the man of the saw and hammer, who has pounded with the 
pestle and rolled pills ever since. A common practice is for apothe- 
caries to employ small boys, and intrust the whole business to them. 
When the boys discover their importance and ask for more wages 
they are discharged, and another brood fill their places. Public 12 
security is no consideration—profit to the apothecary is only of 
importance. In Europe the pharmaceutical business is carefully 
guarded. Rigid examinations must be passed and experience had, 
before an individual is permitted to become even an assistant in an 
apothecary shop. In some countries the person, after giving proofs 
of his learning and experience, must receive a special State license 
before he can dispense or compound drugs. The number of druggists 
is also regulated by population. 
Mr. Milhau, President of the Pharmaceutical Society of the city 
of New York, writing to myself, says: . 
“ In France, where the laws regulating the business are strictly 
enforced, the consequence has been that the pharmaciens every- 
where, even in the smallest villages, possess a knowledge of chemis- 
try, botany, etc. We in this country have been vastly bcivfited by 
their discoveries. For instance, quinine, which is of such vast 
importance, was discovered by two apothecaries in Paris, Messrs. 
Pelletier and Caventieu; and many other discoveries could be men- 
tioned, all, perhaps, growing frofn the salutary laws regulating the 
profession.” 
The thorough system of educating students in Europe for the 
practice of medicine need only be referred to by me. The requisite 
preliminary classical education that a student must be possessed of, 
his subsequent probation in a medical college, and the time of his 
practical experience before he is intrusted with the lives of patients, 
are facts known to every member of this Convention. 
As for myself, I would have every member of the medical pro- 
fession a classical scholar. I would have him so trained that the 
ennobling traits of humanity would be prominent in his making up, 
such as sympathy, charity, conscience and morality, and not a 
development of sordid desires, not the cultivation of avarice, mis- 
anthropy and brutality. The great mistake in our go-ahead policy 
is, that we are too engrossing, and too unthinking in considering 
the projects susceptible and beneficial to change. The profession of 
medicine requires more of the human heart in its composition than 
does any other calling in life. The physician of learning and feel- 
ing brings consolation to the suffering, and hope to the despondent; 
carries with him light and joy for afflicted relatives, and is the most 
indispensable and useful auxiliary to poor, weak humanity. As 
Allison says: “ The extension and improvement of the mechanical 
arts—the multiplication of railroads,' canals and harbors—extraor- 13 
dinary rapidity of internal communication—increasing craving for 
newspapers, and excitement in all its forms—the general spread of 
comfort, and universal passion of luxury, afford no antidote what- 
ever against the native corruption of the human heart.” No, we 
require elevating and ennobling knowledge, religious and moral 
instruction, a familiarity with life, its vanities and shadows, a peer- 
ing into the past, and sufficient wisdom for hope in the future, before 
we can teach the heart sympathy, and direct the conscience in the 
path of rectitude. I have read, that in some of our Eastern States, 
owing to laxity of legislation in protecting life, that the births do 
not exceed the deaths, and that their increase in population is owing 
altogether to immigration. Now, Mr. President, I wish, and the 
people ask that this Convention should seriously consider this sub- 
ject. I have a project which is not radical in its features, but which 
I think if adopted will contribute greatly toward ameliorating the 
condition of the people and of the medical profession. I propose 
to create two State boards of examiner^—one to consist of three of 
the most reputable practitioners or professors in homeopathy, the 
other to be composed of five of the most reputable practitioners 
or professors in allopathy. The members of these boards to be 
nominated by the Governor, and confirmed by the Senate. All 
persons hereafter to be prohibited from practicing medicine in this 
State unless they shall have passed a satisfactory examination before 
either of the before-mentioned boards. Excepting, however, from 
the provisions of this section, all persons now regularly licensed and 
authorized by any legally incorporated college of this State. I also 
ask that the Legislature be directed to make it a misdemeanor for 
any person to practice or attempt to practice medicine in this State 
without complying with the provisions of this section. I also pro 
pose to confer sole authority upon the respective pharmaceutical 
societies of this State, duly incorporated according to law, to regulate 
the dispensing and compounding of drugs, and to examine and 
license apothecaries; and to direct the Legislature to make it a misde- 
meanor or such additional penalty as the Legislature may think fit, 
for any person hereafter to carry on the business of pharmacy with- 
out such license. 
I leave to the Legislature all powers in relation to the compensa- 
tion, sessions, system of examination, etc., of the board of examiners, 
also full control as to the fees and regulations of the pharmaceutical 
societies. Were these propositions adopted, I have no doubt our 14 
action would meet#with the approbation of the people of this State. 
No evil has been more complained of, but the people have so long 
suffered, that they consider the matter almost remediless. It is a 
subject in every manner appropriate for this Convention to take 
cognizance of. One that, with its proper disposition, will bring much 
popularity to our labors, and awaken the people to the fact that this 
Convention is in existence. What more has the question of a man’s 
beverage-drinking to do with the Constitution than his care and aid 
while balancing between life and eternity; than the culture and pro- 
tection of that profession which prolongs the life of the State by 
prolonging the lives of its inhabitants. Of what more importance the 
construction of a stone building in the city of Albany to-day or ten 
years hence ; or whether railroads are to link together and without 
disturbance carry a trunk from New York to Buffalo, or merely to 
check it with delay from station to intermediate stations. I cannot 
conceive that the answer will be made, that this is not a subject for 
our consideration. The Constitution of 1846 provides the pre-requi- 
sites for admissions to practice law. Section 8 of article 6 says, 
“ Any male citizen of twenty-one years of age, of good moral char- 
acter, and who possesses the requisite qualifications of learning and 
ability, shall be entitled to admission to practice in all the courts of 
this State.” Is the profession of medicine of any less importance 
than that of law; is the preservation of a man’s life of less import- 
ance than that of his property ? I myself think not! Learned gen- 
tlemen on this floor have spent a great deal of time in tracing the 
canals to their commencement, and ‘in graphically describing their 
course to tidal waters. I ask this morning that these gentlemen 
turn their thoughts to the great tide of humanity ; that they visit in 
mind the haunts of the charlatan, the luxurious apartments of the 
abortioner, and stand fora moment by the bed of sickness, and watch 
life slowly stealing away in the hands of malpractice and gross 
ignorance. After this, I ask these gentlemen whether they will still 
refuse to use their power and influence in mitigating this great and 
deadly evil. Many a hearthstone is to-day cheerless, many a domes- 
tic group that promised much happiness dissevered, and the State 
much weakened in body and brain through the terrible ravages of 
these auxiliaries of death. This subject is philosophical and humani- 
tarian. Man is but a frail thing, living but for the grave, traveling 
on time in doubt and uncertainty, standing on the strand of that 
vast ocean of eternity he must sail very soon. Mortality should not 15 
be hastened by his own hand, but left to the natural order of things 
ordained by Divine Providence. In the language of Gray : 
“To Contemplation’s sober eye 
Such is the race of man : 
And they that creep, and they that fly, 
Shall end where they began. 
Alike the busy and the gay 
But flutter through life’s little day, 
In Fortune’s varying colors drest; 
Brushed by the hand of rough Mischance. 
Or chilled by Age, their airy dance 
They leave in dust to rest.”