I - s / / / <■'.- '^>-:/../ V A^ THIRTIETH CONGRESS-rSECOND ISÉSSION. Report No. 52. [To accompany bilí H. R. No. 755.] uA -, ^ HOUSE OF REPRESENTATIVES. PATENT MEDICINES. February 6, 1849. Dr. Edwards, from the Select Committee, to whoai was referred the resolution of the House of Representatives ordering an in- quiry into the expediency of so amending the pateiu laws as to prevent the patenting of compound medicines, made the fol- lowing REPORT: That, for many years, a vast systera of medical empiricism, sus- tained by popular credulity and the sanction of gorernment, has prevailed in this country, to the serious detriment of the public health and moráis. Relying on that peculiar element in human «ature which attracts mankind to the.mysterious, in whatever shape or form presented, the unprincipled and mercenary, with fertile in- genuity, have been daily prostituting a noble science at the shrine of prívate interest, and to the deadly injury of their fellow men. While foreign dealers and their unscrupulous agents have hitherto •flooded the land with impure and adulterated drugs, the untaught and designing of our own community, under the seal of a public •office have been forming the same substances, without regard to compatibility, into combinations, not only unrecognized but con- demned by all the laws of pharmacy. The press teems with adver- tisements of these catholicons, to the virtues oí which no hmit is assio-ned Proclaíraed infallible in diseases manifestly antagoms- ticaT they are sold without remorse, to be %dmimstered in igno- rance leaving no trace but an increase of misfortune, and offermg no redress for the ruin which they entail. To that highest and most difficult province of the physician, the detection and discrimination of disease in all its multifanous forms, as varied by peculiarities of age and constitution, and complícate*! by the influences of climate and habit, the quack pays no respeot, >sM J¿ J and Rep. No. 52. 3 an expression of opinión that will awaken the public to a sense (f its danger. By these means, though the evil complained of may continué to exist as a private speculation, yet it will have received the discountenance of the wise and good; and the stigma of sus- taining an iniquitous traífic will be expunged from fhe national records. Article. 1, section 8, of the constitution of the United States gives to Congress the poweT to secure to authors and inventors the ex- clusive right to their respective writings and discoveries to promote the progress of science and useful arts, and to make all laws ne- cessary to the execuLon of such powers. By useful arts is mtant such as are productive of good, benefi- cial to society or to individuáis, when not incompatible with the general weal, in contradistinction to the arts of injurious character. This distinction has been held by the courts; but, lest the solemn purport of the statute should be trifled with, Congress lías given power to the commissioner to refuse patents for inventions of a tri- vial or unimportant character. To decide this question of useful- ness and importance is by no means an easy or pleasant task for the commissioner, and is sometimes impracticable. In no depart- ment of his duties docs he meet the sarre difficulty as in deciding this important question when a compound medical agent is present. Should he decide to reject it, he would be overwhelmed by certifi- cates of utility and cures. And yet there can be no doubt but that the grant of patents for compound medicines has an injurious ten- dency. Whatever act, legislative or otherwise, that fosters empi- ricism, and thus jeopards life and health, is injurious. In full con- viction of the pernicious tendency of patent medicines, the various medical societies have laws prohibiting any member from patenting medicines. Common feelings of philanthropy seem to forbid the monopoly, by individuáis, of means which should be within the reach of all for the alleviation of pain, the curing of disease, and the saving of life. If a physician were persuaded that the use of a certain compound medicine would exert a beneficial influence in a certain case, he would not hesitate to write the prescription though the article may have been patented. A law would seem to be unwisely founded that would prohibit bis prescription in such a case, and yet the law of patents operates in this manner. Your coromittee much regret the loss, by fire, of the specification and formulas of patent medicine anterior to 1836. They ate ena- bled only to give the ñames of the patentees and articles patented, in a large majority of those grants. The formulas not being " re- stored" are not now on file. The subjoined c,orrespondence will exhibit the data upon which the abstract here presented is predi- cated. Hoüse of Representatives, January 1, 1849. Sir: The undersigned was appointed chairman of a select com- mittee by the House of Representatives "to inquire into the expe- diency of so amending the patent laws as to prevent the patenting 4 Rep. No. 52. of compound medicines." In order to carry into effect the resolu- tion of the House, abstracts from books in your departraent are deemed necessary. Will you furnish rae with the formulas and ñames of the various patent medicines on file in your office, to- gether with, a short abstract of the diseases for which they are «deemed curative by the inventors. Your obedient servant, T. O. EDWARDS, Chairmani Sfc. Hon. Edmund Burke, Commissioner of Patents. Patent Office, January 19, 1849. Sir: Er.closed herewith I have the honor to hand you the state- raent required by yours of the lst instant, in relation to patent medicines. It includes the patents issued, and the applications xejected. I have the honor to b«, very respectfully, your obedient servant, EDMUND BURKE, Commissioner of Patents. Hon. T. O. Edwards, House of Representatives. Patents granted. Ñames of Fat.entecs Morn.-. Cahnon Johu J. Ciraud Ez. AhIcIck - Elizabeth B.^tlctto Jesse Wlieainn S. R. Tn-rell Isaac W. Smith Elias AVilkml Residencc. |Datc of patents New Orieans, La. Baltimore, Md. New' York - Now York i Ma&sachusett.'j Burton, Mis.s. Lockport. N. Y. Albany, N. Y. Oct. Sept. 1, 1830 0. 1317 Robe maní Oct 26. 1818 Jan. 29, 1833 June 17, 180! Feb. b. 1836 May 2S, 1830 Oct. «, 1810 Norfolk, Va. Aug. 17, 1835 Ñames of medicines. Agnc and fever specific Anti-billious grand depu rative gurider - Asiatic lenitivo for pain Balsam, lavender Bitters, jaundice - Blood, equalizing the Catholicon, chemical Composition, cure for can cers Composition for medical purposes Not restored do do do do do do do Restored Ingrodients, mode of compounding, diseases for which it is alleged the medicines are remedies. Remedy for Asiatic cholera, cholera morbus, di- arrhoea, &c, and that the following is a full and exact description of the procese or pro- portions of compounding the same, viz: Ac- cording to the proportions given of the follow- ing ingredients, sulphate of alum, two grains; s-up. carb. potass., one grain; alcohol ateighty degrees above proof, forty drops; gum cam- phor, twonty grains; Hoífman's anodyne elixir, half an ounce; white sugar, half an ounce; compound tincture of opium, half an ounce; spirits of lavender, half an ounce; puré water, thrce ounces—which are to be mixed together, and taken according to the following direc- tions, viz: Tako a table spoonful of the mix- ture, with the same quantity of water, every hour or half hour, as occasion may reqnire, until vomiting, purging, aryi pains, have ceased. This medicine has been administered lo children aifected with diarrhcea or cholera rnorbus, in doses of a tea spoonful, with the Patents gran tal—Continued. Ñames of paténteos. Roberf. A. Bernard- continued John C. Bay - James U. Armour Charity S. Long Simón Lazarus Samuel Cltamberhiin J.dm S. Fall - Truinan Powell Julos Ruceo - Harvey Frink Samuel Cooley Asa Johnson . Elisha Smitli - William A. Parker John Callan - Richard Jordán and M. Anderson Samuel Thompson Lorenzo Dow Rcsidence. Date of patents. Ñames of medicines. Norfolk, Va - Aug 17; 183.r> Composition lor medical purposes Restored Mount Plensnnr, 0. - Jan. 26, 1S25 Composition. pliarmaeeutic Not restored Frederiek, Md. Sept 28 1827 Composition for scurvy - do Puiladclphia, Pa. - May ¿7, 181'.i Consumption, &c, «uring do Virginia De,.-. 21, 1802 Cordial, anti-bilious do Massaehusetts Dee. 31, 1804 Cordial, bilious - do Uattlesnake Springs, (ía. Nov. 25, 1831 Dropsy and epilepsy, cure for do Burlington, Vt. Feb. 0 1828 Dysentery, dyspepsia, &c. do Baltimore, Md. Mar. 29, 1817 Elixir of íile do Northampton, Mass. June ti, 1S12 Elixir, restorative do Bolton, Conn. Nov. l¿, 1803 Elixir, vegetable - do Northumberland, Pa. Jan. U, 1812 Febrifuge - do New York - Dec. 15, 182S Gout nostrum do Accomac co., Va. - Nov. 4, 1831 Gout and rheumatism, cure for - do Philadelphia, Pa. - May 4, 1818 Magnesia, medicated, li-quid - - - do Philadelphia, Pa. June 25, 1834 Magnesia, medicated, li-quid do Sur rey, N. H. Marc h2, 1813 Medicine - - do rlehron, Conn. Nov. 24, 1820 Medicine - Restored Oí Ingredients, mode of compounding. diseases for which it is alleged the medicines are remedies. same quantity of water, with complete suc- cess. The bottle should be keptweU corked. Take nina pounds of genuine epsom salís, dis- stdved in soft boiling water, the whole making eight quarts, to which add the tincture of bloodroot, (sanguinaria,) say four ounces. 2. Take one pound of puré salts of nitre,, dis- solved in boiling water, eight ounces oí sol- O John Prentiss Samuel Thompson Fitzgerald Bird John Dent Joscjih Baker Charles Whitlow John G. Yonght Horton Howar.l New London, Conn. Boston, Mass. Hancock, Ga. Augusta, Ga. Jefferson township, O New York - Rochcster, N. Y. • Columbus, O. Mar. 27, 1822 Jan. 28, 1823 Apri l 16, 1828 July 0 1828 Mav 5, 1831 Feb". h;, 1825 Dec. 4, 1821 Aug 25, 1832 Medicine - Medicine . Medicine - Medicine - Medicine - Medicine, admiuislering by steain ¡Medicine, anti-dysenteric Medicine, anti-spasmodic tiacture - phuric aciJ, of the best quality, the wliole making four quarts, all of which must be stirred with a wooden stick, and when cool, mix the same with the above epsom salts and bloodroot solution, which will eonstitute Dow's faraily medicine in its full strength, in its con- centrated state. Tho wholo process'must be performed in stone or earthen vessels, and af- terwards preserved in g'lass. Ünc or two ta- ble spoonsful, in a half, pint of cold water, or less quantity of each, may be taken once in two Uours, untií it operates freely. This medicine has been found of general utility and efficacy in all those disorders called biiious, and aflections of the liver, exceeding common credibility, even in many cases wherein re- peated courses of mercurials have been used in vain. In costive habits, a*corrective, and iñ dysentery, a speedy relief is obtained. Take of tincture of lobelia seeds, (lobelia inflata) one pint; of tincture of cayenne, (eapsicum annuum,) one pint; of nervine tincture. three gills. Mix and bottle. lor use. Dose: from half atea spooniul to a table spoonful, re- peated according to circumstances. This tincture is used not only in cases of fits. spasms, &c, but in all violent attacks of dis- ease, and in cases of suspended animation from drowning, hanging, lightning, or any other cause whatever. It also operates as a speedy emetic, and may be used for this pur-" pose in ¡ill cases wherc emetics are indicated, Patents granted—Continued. Ñames of paténteos. Horton Howard—con- tinued Residence. Date of patents. Columbus. O. Aug. 25, 1832 Ñames of medicines. Medicine, anti-spasmodic tincture - 00 Ingredients, mode of compounding, diseases for which it is alleged the medicines are remedies. and especially in cases of accidental or crimi- nal introduction of poisonous substances into the stomach, &c. It may likéwise be used to facilítate the operafion of an emetic of the more common preparations of lobelia, for which parpóse it may be administered in tea Wj or table spoonful doses, and at the discretion *? of the practiáoner, until it has the desired ef- vq fect. The three above-mentioned tinetnres (of which the anti-spasmodic tincture is com- ^ posed) are made as fóllows, viz: 1. Tincture ~* of lobelia seeds is made by digesting four and ? a half ounces of pulverized lobelia (ivjlata) ^ seeds in a pint of alcohol, for ten days in a hot (£ sun heat. often shaking it; then strain or fil- ter. 2. Tincture of cayenne is made by di- gesting four and a half ounces of best cayenne (capsicum annuum) finely pulverized In a pint of alcohol in the same manner as for the last abo ve mentioned tincture. 3. Nervine tinc- ture is made by infusing fomr ounces of the powder (next hereinafter described) in a pint of alcohol or brandy, placed in a hot sun heat, often shaking for ten days, when it may be poured oíf, strained or ñltered, and add one ounce of the essence of anise. The powder next referred to is prepared as follows, viz: Take of lady's slipper, {eypritsedium luteum.) four ounces; of ginseng, (panax quinqué/o- liuvi() two ounce», and two nutmegs, all ñnely pulverized and well mixed. Essence of anise may be made by diluting two ounces of theoil of anise in a pint of alcohol. To prepare an astringent tonic, to be used in cases of disease where astringent tonics are ^ indicated; and especially in relaxations of the intestines and other parts of the fystem, in baemorrhages; in cases of canker ulcers; pu- trid disorders, and fevers, except in cases at- tend«d with obstínate costiveness, and where the mouth is dry and parehed, with difficult breathing, take equal parts of birth root, (trillium latifolium,) plurisy root, (asclepias tuberosa,) the bark of the reot of bay berry, (myrica cerefera,) the inner bark of hemlock, ¿oinus canadensis,) all fínely pulverized and well mixed, one ounce of this powder steeped HH in one and a half pint of water—dose half a í^ teacup full, with lrom half to a whole tea- >-q spoon full of Cayenne in it, sweetened if most agreeable. A dose of this tea may be taken >-^ three times a day in ordinary cases; bnt in í* diarrbcea, dysentery, floodings, &c, the doses ? should be more frequent. <^ To prepare a bitter tonic, to be used in all cases ¡£ of disease where bitter tonics are indicated, and particularly in thoso attended with rauch loss of appetite and great prostration of strength, take one pound eachof poplar bark, (populus trepida,) the root of goiden seal, (hydrastus canadensis,) the bark of the root of bay berry, (myrica cerefera,) the root of American colombo, (fraseraverticillata,) six ounces each of capsicum and cloves, and four pounds six ounces of loaf or lutnp sugar; be- ing a quantity equal to all the other anieles. All to be ñnely pulverized, sifted, and well mixed. Dose: one teaspoon full, in either hot or cold water; or the powders may be taken into the mouth, moistened with the saliva and swallowed or washed down wilh cold water. Patents granted—Continu Ñames of paténteos. Horton Howard—eon'd 'Samuel Thoinp?on - Boston, ATass i / , Residenee Columbiu, Ohio Date of patents. Ñames of medicines. Aun. 25, 1832 May 6, 1836 é\ Medicine, bitter tonir Medicine, botanic F Ingrodients, mode of compounding, diseases for which it is alleged the medicines are remedies. To malee laxativo bitters, add one pound more or less of the bitter root (apscynum andrasae- mifolium) to tho foregoing compound, ín- ereasing in the same proportion, the quantity of capsicum, cloves and sugar. First, the mode of-preparing an emetic to be used in all cases where the same is necessary, that is to say in all forms of disease caused by cold or obstructed perspiration, take of the leaves of lobelia inflata, of Linnseus, pulverized to a fine powder, from five to twenty grains in warm water sweetened; or in a tea of red raspberry leaves, or in any tea proper for re- moving canker; the dose is to be repeated until the desired effect shall be produced. This preparation is for the less violent attacks of disease in aduks or for child- Ten. Second, takeof the seed of lobelia, re- ferred to, one pound finely pulverized, with one pound of white sugar, the whole to be well pounded together, (the sugar being de- signed to absorb the oil,«) then add half a pound of the best capsioum, quarter of a pound of nerve powder, one gallón improved rheumatic drops as hereinafter described. Dose: two tea spOonfulls for an adult, in a gilí of myrtle-root bark tea, sweetened; or in a strong decoction of the following compound, namely, two pounds of myrtle-root bark, one pound golden seal, one pound ginger, two ounces espsicum, two ounces cloves; all pul- verized fine, and sifted throush a fine seive, and well mixed together. For a dose take a tea spoonful in hot water, sweetened; half this quantity for a child, and more or less aocord- ing to age. This also may be used for the less violent attacks of disease—-to be taken warm—the patient being in bed with a hot brick or stone wrapped in several thioknesses of cloth, with water or vinegar placed at the feet. It may be here observad that steaming by the inventor's plan is of the utmost im- portance in this mode of practice. Injections are ¿lso of the utmost importance to remove canker below the reaehof medicine given in the usual way. • The directions toprepare and use the same with steam are to be foand in my " Guide to Health," secured by copy right. Mode of relaxing the muscles in set- ting a bone, or in midwifery. To relax the muscles in setting a bone let the patient be in bed or shielded from cold air by a blanket near the fire; administer a dose of the com- pound last named. If this does not produce a perspiration, give a dose of the second pre- paration dfi the emetic. and w■ Worms, specific - Not restored do do For the cure of bronchitis, sore throat, asthma, croup, whooping cough. dyspepsia.—Take two pounds of sweet apple tree bark, dried, and boil the same in six gallons of sbft water, tíll reduced tó one gallón; then strain it. Add two and a half ounces of tartarized antimony, dissolved in a quart of warm water, four ounces of pulverized jalap, half a pound of nitrato of potass, one pint of spirits of cam- phor, and half a pound of loaf sugar. The wholé to be well mixed together, and bottled for use. O • 43 Rejected applir.ations for patents. Ñames of applicants. I Residencí Voorheis & Dunlap J. C. M. Van Burén and C. Kino' John Sala Pultney. N. Y. New York Cantón, Ohio Date of appl¡ca- tión. Ñames of medicines. Ingredients, mode of compounding, diseases for which it is allesed the medicines are remedies. March 2, 1837 ¡ Cáncer powder, vegetable July 9, 1S37 Dec. 24, 183S Aperient medicine Elixir, vegetable The anieles used in compounding the vegetable cáncer powder are seven parts of potash and one part of crocus martas. It makes a compound that will destroy cancerous tumors. Recipe.—Oil of crotón tiglium, eight drops; white sugar, three ounces, six drachms; snper-carbonate of soda, six drachms; oil of lemons, four drops; saturated tincture of the cucumber wood, four drops. Rub the above into „a very fine powder, and divide it into twelve equal parts. Tartaric acid, six drachms. Rub this into a fine powder, and divide it into twelve equal parts. The following ingredients, in the annexed proportions, consti- tute and make said composition of matter: two ounces ex- tract of juglandis; one ounce extract of anthemidas; two ounces extract taraxica; two ounces extract of sarsaparilla; two ounces extract of gíycyrrh; two ounces theriac; one and a quarter ounce cahnella alba, (cortex;) two ounces^ radix rhei; two ounces semmi ani; two ounces aloes, (sacration;) one and a quarter ounce crocus, (Spanish;) one and a quar- ter ounce botetus; one and a half ounce