REPORT 
v6 
< OF THE 
STANDING COMMITTEE ON MEDICAL SO- 
CIETIES AND COLLEGES, 
Relative to sundry petitions for the passage of a law to regulate the 
practice of physic and surgery. 
In Senate—Jan. 15, 1848. 
Mr. Bennett, from the standing committee on Medical Societies 
and Colleges, made the following report: 
The standing committee on Medical Societies and Colleges, to 
which were referred sundry petitions asking for the passage of a law 
to regulate the practice of physic and surgery, have had the same un- 
der consideration, and now submit the following report : 
Your committee deem it proper to state, that the subject commit- 
ted to their consideration has appeared to them to be of snfficient im- 
portance to demand the most careful investigation which their other 
duties would permit them to bestow upon it. 
And, in reporting to the Senate the result of their deliberations, 
your committee have deemed that it was the more important that they 
should enter somewhat at length into a discussion of the propriety or 
impropriety of granting the object sought to be attained by the peti- 
tioners, as their opinion would 6eem to be founded on erroneous views 
of the subject. 
But it is not at all to be wondered at that those who witness the 
evils under which society is suffering, from that class of individuals 
who venture to undertake the discharge of those duties which devolve 
upon a practitioner of medicine, while they are totally unqualified 
for the proper discharge of the same, should be induced to turn their 
attention to the General Assembly—very naturally supposing and 
fondly hoping that, through its agency, they may be shielded, in some 
measure at least, from that pestiferous flood of quackery which sp 
fearfully threatens the happiness and welfare of community, 2 
But your committee entertain the opinion that more mature reflec- 
tion would probably have convinced, even the petitioners themselvos, 
that their attention has not been directed to that source which was 
capable of affording the most effectual panacea for those evils which 
they so deeply feel and of which they so justly complain. 
We shall, therefore, endeavor to give our reasons, as briefly as the 
importance of the subject will permit, why legislation will be likely 
to prove entirely incompetent to regulate the practice of physic and 
surgery. 
We are fully aware that, in expressing such an opinion, we shall 
be at variance with many of the professional men throughout the State, 
as well as with many others who may be justly denominated the hu- 
mane and benevolent friends of their fellow men ; but, notwithstand- 
ing all this, we must be permitted to say that it is the conclusion to 
which we have arrived, after the most calm and dispassionate inves- 
tigation which we have been able to bestow upon the subject. 
But your committee would remark that they have not been insen- 
sible to the argument of the petitioners, and that they fully concur 
with the sentiment therein advanced, viz : that the welfare of commu- 
nity demands that that community be supplied with properly educated 
and skillful medical men. 
And though it be a fact that “ no man is born a lawyer or doctor ”— 
and though it also be a fact that no man can be qualified to practice phys- 
ic and surgery until he shall have spent years in persevering study and 
careful investigation, it must nevertheless be admitted that quackery 
has had its supporters and admirers from that memorable time when 
the vaunting Paracelsus declared that he would consult the devil to 
obtain the secrets of physic, and from that time when, in the height 
of his presumption and folly, he deliberately consigned to the flames 
the writings of the illustrious fathers of medical science, down even 
to this boasted age of intelligence in which we live ! And although 
this great antitype of the modern quack, who boasted that he possessed 
a nostrum which would preserve human life to the age of Methusa- 
leh, died a poor miserable creature before he had passed the meridi- 
an of manhood, yet, notwithstanding this demonstration of the falsity 
of its pretensions, quackery has continued to exist through all suc- 
ceeding ages, in spite of its own intrinsic evils, and in opposition to 
the restrictive legislation of states and empires ! 
Yet who would have supposed that any man, professing to be gov- 
erned by the principles of moral obligation, would have dared to un- 
dertake the reparation of that complicated and delicate machinery 
which composes the human system, while he was not only totally 
ignorant of its intricate mechanism, but was alike ignorant of its phy- 
siological operations in health, as well as of its pathological condition 
in a state of disease. 
But, when we speak of that ignorant horde of medical pretenders, 
which is voraciously preying upon the lives and limbs of those who 
permit themselves to be made the dupes of their braggadocio and 
impudence, we do not allude merely to the various systems of novelty 
jmd pretended “ reform ” which are striving to palm their pretensions  3 
upon us, and though these, in the vanity of their ignorance, would 
assume to spurn, as unworthy of their attention or regard, the labors 
of preceding ages, and would foolishly reject those benefits which 
flow from the accumulated experience of centuries, yet we would not 
pretend to say that quackery was entirely confined to such, for we 
must also include within its limits that misguided class of half-read 
“ doctors ” who are, from time to time, being let loose upon a too con- 
fiding people, from even some of the respectable medical offices of the 
State ! These things should most assuredly not be so. And it must 
indeed require but a small amount of sagacity and reflection to per- 
ceive that, while such a state of things is permitted to receive the 
toleration of the medical profession, it must be utterly in vain to at- 
tempt the suppression of quackery by legislative enactment. 
The experience of the past has sufficiently proven, that all the at- 
tempts which have been made to legislate quackery out of existence 
have been utterly vain and futile,—and what better result could we 
expect, from a similar attempt, at the present time ? 
Old Massachusetts once entertained the hope that she could rid 
herself of quackery, through the agency of her legislative power; 
and accordingly, on the 20th day of February, 1819, she put forth 
her antidote in the shape of a medical law—and although this law 
contained the usual amount of penalties and disabilities, yet, after 
trying its effects for several years, her people became satisfied that it 
was productive of little or no good ; they therefore so far repealed it 
as to strip it of all its restrictive features. 
And permit us to inquire, what has been the experience of the State 
of New York, in relation to this subject ? She too was not insensi- 
ble to the evils of quackery, and attempted to effect its suppression by 
legislative enactment. But it appears that her effort was attended with 
no better success than that of the State to which we have already 
referred. By reference to her statutes it will be found that on the 
10th of April, 1813, she passed a law to regulate the practice of 
physic and surgery, and although that law was sufficiently stringent 
to do all which law could do, yet her medical men prayed earnestly 
for its repeal, fully realizing that it was productive of much more 
harm than good to community ! But that law still continued to exist 
till the 6th af May, 1844, when, as a useless and worthless incum- 
brance, it was stricken from the statute book. 
And having had some experience on this subject in our own State, 
let us for a moment inquire what the result of that experience has 
been. 
If we examine into the history of our State legislation, we shall find 
that on the 19th of February, 1813, a law was passed to regulate the 
practice of physic and surgery. And although that law contains suf- 
ficient penalties and disabilities to satisfy him who would desire to go 
farthest upon this question, but yet it had existed but a few years, till 
its utter inutility became so apparent to all that the people permitted 
it to be repealed without a murmur. 
And when we look at the experiments which have thus been made, 
does it not appear evident, that legislation against quackery can be of 
no avail ? 4 
Such having been the result of former experience, is there any good 
reason to suppose, that legislation upon this subject now, would be at- 
tended with any better consequences, than it has been in times gone by ? 
Your committee believe that it would not, and therefore, that the 
prayer of the petitioners ought not to be granted. 
But, perhaps, the inquiry may arise, how then may quackery be 
most effectually driven from amongst us ? 
To this, we would take the liberty to say that, we think the most 
effectual means by which this object can be accomplished, is by adopt- 
ing measures which will bring it in contrast with a high standard of 
medical qualification. 
For this, and this alone, will properly present the monster in its 
true light, and hold its hideous features legitimately before the criti- 
cising gaze of an intelligent people. While without it, though you 
may enact your statutes abounding in pains and penalties, yet they 
will but excite the derision of those whose evil pathway they were 
designed to obstruct. 
For, while we talk of legislating upon this subject, let it be remem- 
bered that quackery of every denomination already exists among us } 
and consistency Would seem to require, that this great reform should 
commence with the medical profession itself. 
For who will pretend to deny, that the medical profession contains 
Within itself a vast amount of the most dangerous species of quackery. 
And who does not know, that in comparing one system of practice 
With another, contrast alone, is the criterion by which community will 
judge. 
If, indeed, the Samsons of the Materia Medica, were used by none 
but those Who understand their power, that odium -which has been 
cast upon many of them, and through them upon the whole medical 
profession, must soon cease to exist; and then one quack would be 
no longer able to screen himself by taking shelter behind the blun- 
ders of another quack, perhaps even more ignorant than himself. 
For no intelligent physician will pretend to deny, but that while 
many of those articles embraced in the Materia Medica are mighty 
in the removal of disease, when judiciously administered, they may 
also prove mighty in the destruction of human life and health, wrhen 
used by unqualified and ignorant men. 
It strikes us, therefore, with peculiar force, that if the educated 
medical men of the State would refuse to lend their influence to give 
character to so dangerous a species of quackery, as that which seeks 
its shelter under the science of medicine, we should hear much less 
complaint about the depredations of the quack upon the health and 
happiness of the people. 
For what is quackery, but a superstructure reared upon the sis- 
terhood of ignorance and impudence ? 
And never can this Pandora’s box of mischief be closed, by the 
strong arm of legislative power, while the medical profession contains 
within itself so large an amount of quackery as there is reason to 
fear exists at the present day. 5 
And is there not great reason to suppose, that quackery has been 
greatly strengthened in all its varied shapes, by the medical profes- 
sion having received within its pale so many who are totally unqual- 
ified to discharge the duties of that profession, which they have im- 
properly taken upon them ? 
If this be true, where then is the great remedy, but in the medical 
profession itself? 
Let then that profession arouse to the discharge of its duty, and 
its whole duty in this respect, and the benefits to community which 
must result therefrom would be more and greater than we shall 
attempt to enumerate. Let the medical men of Ohio refuse to take 
quackery by the hand and nurse it into existence—let them refuse 
to permit any one to enjoy the benefits of their recommendation and 
support, unless they know him to be qualified for the discharge of 
those duties which must devolve upon a practitioner of medicine — 
let them no longer give countenance to a procedure, which must 
tend to bring their profession into degradation and disrepute in the 
eyes of the community — let them but take their stand firmly upon 
that lofty eminence, which it is their right and duty to occupy, and 
you will soon cease to be called upon to legislate for the suppress 
sion of quackery. 
For when a course like that above designated is pursued, the in- 
trinsic evils of quackery, of every species, will be held up in their 
naked deformity, to the gaze of an indignant community; and thus 
more real good will have been accomplished than could have been 
by all the legislative enactments which you may pile upon your 
statute book. 
It is with the medical profession alone, that we Would desire to 
leave this vitally important question. 
Your committee, therefore, being fully satisfied that the passage of 
a law to regulate the practice of physic and surgery would utterly 
fail to accomplish the object which it sought to attain; deem that as 
it would be useless it is therefore inexpedient. 
Entertaining these views, your committee report back the petitions 
Which have been referred to them, and ask to be discharged from any 
further consideration of the subject. 
All of which is respectfully submitted*