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Indianapolis Indiana Journal (Newspaper) - May 26, 1830, Indianapolis, Indiana
La n % i ions to lose tha Benefit of a medical Law m Ith so much Liili culty obtained and of Sunlly in Olin to attempt an imposition on the Public after being warned that it would be exposed and not less so by a denial of the truth of the statement to Call Forth those circumstances in its Sunj port which otherwise would have been with held. But More especially the manner in which this has been done Lias been still More unwise if satisfied they had acted correctly the same reasons which satisfied themselves mi2lit, if fairly and candidly stated outliers but when both doct. Dunlap in your Paier and doct. Mitchell in the demo Tirats Are out and ent Leavor by a personal attack on to to divert the Public from examining the correctness of their proceedings every Maui of sense will suspect there is something Rotten in and when such excitement of feeling is manifested As regards neither decency truth or Public feeling it surely betrays a bad cause. Fal. E quotations of Law for instance Are so a holy detected that a decent respect for the understanding of readers ought to prevent it and when doct. Mitchell declares my statement to he Fale can he believe Liat and one acquaint Eil with us both would take his in preference and when doct. Dunlap insinuates that statements made by me would obtain no credit Here he shows Quot himself to 1� so maddened by passion As at once to disregard Public opinion and the dictates of his own conscience and Iru Loed tie excitement under which both these Rodu Tinai Are written their disagreement Between their Szivos and substitution of abuse for argument All Shew they consider their i. Anse desperate and yet have neither the Candor to acknowledge it or the Wisdom or self command to remain silent Ai Iother consideration ought to have had weight physicians Are often called in Circum stances of Dill Cuilty and danger to consult for the welfare of their patients and before using the harsh and unkind language in which Ulicy ? ave indulged or to Kisir the course which hits led them of do it would it not have been Well to have reflected die tier it would not be like 1y to destroy that conf Dimce and Good feeling necessary to make such consultations Bene Lici us and the frequent Calls they have both made on my skill and my medicines for the use of themselves and families Antl of my counsel books and instruments for the Benefit of their patients and which have Ali been gratuitously bestowed Mir it suggest that possibly they might again be in Cir Imsu inces to desire what after so Public a manifestation of their ill will they might be unwilling to ask. And to doct. Dunlan in particular Akhom i found Hie desist Ito of Medicine instruments books or experience in tiie practice of Medicine who owes his life under Providence to my medical skill whose family have largely Cai red on my medical care whose inexperience i so freely counselled and who Lias so freely u j ried my instruments and Book i would recommend the perusal of the fable of the Woodman and the Viper. Doct. Ivi Itchell seems to feel a very Stron antipathy to my presence especially if a com. Pained a Quot vials Quot or Quot Pill boxes a Quot this Proba cations required by Law and presumed that if blvd arises from so Many of his patients when a inuit ii at All they would wish their admin dangerous evincing so contrary a of Quot a the Constitution was that his nervous system should betray Sucha la a prescribes that the of ulcers of great sensibility to the sound of my cups is the society shall hold their offices until the no Means surprising from the Isair Rheable i meeting at which their successors Lemma into which they once Brou Erht him and yet in the face of All this they his Sweet tempered Secretary when rather than i Tchell should keep the Call for my ail in a Case beyond their skill to chair that they would not tro into a new a relieve they chose to borrow of me instruments i action nor review a their proceedings in admit they had never Learned to use and after torture i member. In cons hence of which i still Inland burning their patient without Bein a remain the Only Legal president of the society ble to make u cup stick were forced to come for a to continue so until the Socie me to teach them How. 1 to is dissolved or a new election legally made. I shall now proceed to relate the Circum Quot after Warnoc them that if their proceed stances under which the Melotin Irvas held and published i should notify the Public those facts which go to Shew the Ilu laity of of their Ille Orathy 1 left them the whole proceedings and if and thin mate hese fruitless attempts to induce the rial shall be denied it will he proved. Some i society to take a Correct isral and honourable of the material facts Are admitted in or. Mitch course 1 acted under a wish to preserve the re ears communication which Alth Nuch almost i station of a society Over which i had had the As inaccurate As the fictitious and with them Otio Quot Quot Quot of preside if honour it be Ever since selves inconsistent acc units he has published a Quot formation with a wish to promote its use to puff himself of the sickness of this place Ami the Resneck ability and usefulness 1821, yet contains a very few distorted Tutlis. Rofes Ion to which i belong. My Man the Law of the state and the Constitution of i mild and conciliatory while the Central medical society the meeting 1 Quot Quot already of the society in iridis Ananois tie 1st monday i plodded thei selves to each other to a course in May of which due notice had been Iriven hey found themselves unable to defend by the Secretary but they did not fix the Planco resorted As their Only alter in Indianapolis or the time of Dav and until i this was otherwise any member who was argument bus. Mitchell and Dunlap that Day any where in Indianapolis was As of the same course in much at the place of meeting As any other and ten judge of piers by their own feelings and Here might have been an arrangement for Mutual accommodation Between him and or. Mitchell on the one part and to those unlicensed candidates who wished to be admitted to membership but had the same antipathy to my sex i imitations that or. Mitchell evinces at the sound of my cupping apparatus. At any rate 1 soon found they All acted in concert on a Phi ii Well understood by themselves and after demonstrating with them on the illegality of heir course not Only from having assembled at a different time and place from the one App Intel but in having proceeded to business without having taken those Previ ius Steps which the Law required to make heir proceedings Legal and finding them determined to go on in the course they had begun i left them. A Quot he Law Umler which they were professing to act declares that none of the medical societies ill the state owing to defects in he Law have been legally Ore Anred but Jiro Vides that after a record shall have been made in the recorder s office of the county of the name of tie society and the officers last elected under tie hands of the president and Secretary that in acc Uri i Ihen shall be considered As legally existing. This Roc Oid i informed them not hav intr been made none of their proceedings could be Legal. After returning Home i reflected on he disgrace which would attach to our society and he medical profession from Sutti an irregular course of proceeding and concluded to return and make another Effort to persuade hem to take a Legal and Correct course. I did so and found them in the act of adjourning until i o clock. O devise As i understood Sotidie Way of legalizing their proceedings. Or. Dunlap immediately observed to no. Or. Coe we shall want your certificate As president to put on record. This was at once giving up the Point hat the election in the morning was illegal for had it been Legal or. Mitchell was he president whose Signa ure should be affixed to the certificate. Accordingly or. Dunlap and myself made out and signed a certificate be As Secre Inry and i a president that the last election was held in 1826, and he got it put on re Norflin he recorded s office. Now if he statement in this cer i6catft hat the last elec Tiou was in i82g was True that published in he papers dial it is the Quot re of May 1830, and which was held before the other certificate was made out was fals it and yet both Are it Impf or. Iii Dap s own Sig tia ure. I attended at i o clock and or. Mitchell took the chair. I then stated to the society that although i had no wish to preside Over them yet it was necessary to make their Jeroce Edmires Legal that i should do it until they should make a new election which they might do immediately and doubtless All would vote As they did before and elect the same officers. In answer to which i was much surprised to see or. Dunlap Rise and contend that the election in the morning was a Good and Legal one thereby falsifying his own certificate just Given and put on re Cord. And pretended admission to the contrary must be utterly null and void for it is a Well settled principle that when the Law defines Olio May do or enjoy the Benefit of an act All others Are prohibited. Now no one i presume except or. Mitchell will contend that either of the five were graduates of any medical College or had been licensed to practice Medicine in this site and the Only claim they can have is from that provision of the Law which allows any Man who has been two years a reputable practitioner of Medicine in this state to be admitted by the society although he has never been licensed and cannot Bear an examination. But no society is obliged to admit such but Are Only permitted to do it if they see fit. With respect to the three who do not reside in this place i cannot speak with certainty but i do know that neither of the two who reside in this place had been in practice Here two years before the passing of the act. But this provision of the act May perhaps be itself rather incorrect and having As a committee of the state medical society drawn the act which passed the Senate Winter before last and from which the greater part of the present Law was copied it May be proper perhaps to explain the reason of its insertion. In the year 1821, the state medical society set off a new District including indic Napolis and the newly settled part of the state around it and appointed All the persons then practising Medicine in it amp one other to form themselves into a society As it so happened Neit Lier of the physicians residing in this place except myself had been licensed to practice Medicine at least not in this state but they were thereby admitted to membership in tile society although they acquired thereby no authority to practice Medicine. Still when the new Law was drawn i was unwilling it should sex elude drs. Mitchell and Dunlap from i also stated to them that the members j the society to which they had so Long had never had when illegally received not Only be cruise belonged and in which Quot a the society was left rally constituted but be i Iii j. I a Quot cause some at least did not possess the j them to Shew a disposition toll Quot considered unqualified Iven u the Public papers. My own impression was that there would be no difficult in their acre inc to a to into a no meeting could to legally hold without air intr him if to be found notice of it for if one ,. A a ,.might be omitted so a night another a us All i except a Bare quorum of three who t l of considering illegal the have assembled in some secret place find have members and submitting All who done All the business and if one company of i y Quot Quot three Midi have done this so might another Road of ordeal of examination and As Many such companies As could have of notice the course taken been formed. But who e duty is it to give notice to the members the Constitution of the society sa3 a it shall be the duty of the Secretary Quot duly to notify the members of the time and lace of All meetings of tie society Quot but who is to fix the time and place was there no other provision on the subject it doubtless be the duty of the Secretary but the Day of meeting and the time is by the Constitution for annual meetings and the society Liay by their oven adjournments fix tie time and place for others. But it is Mai ii lie duty of the president on application of any three Meliers to Call extra meetings now where Ihn time Anco Wilace of regular meet its is not otherwise ,. The duty of fixing it would of course devolve on the president As Well from the above provision Nat Teof his office and neither tiie vice president or any one else could do it until after the presid Init a l hot in App Liefl to by three members and ii ii Coteil or refused to it to it and accordingly or Morris in tiie morning applied to Ine to know when and where the society should meet and i appointed the meet aug at my House at 10 o Chick and being at that time somewhat engaged desired him to Ini orm tie other inem liars and Betci u 9 and 10 i called at the St cry tiry s shop to inform Lii i should or. Morris not have done it and not finding him there went to his dwelling where it in for the first Ime Learned and with in ugh sur prize that hey had already Assem bled in a grocery loft and after some inquiry found the Vay to their or Ouirt a Back Yard ill on inquiry found they had al Rij Ady Audi fitted Fivi members without examination and elected All the Odices except he a delegates for whom hey were then in the act of big looting. 1 mention these at length hat every one May judge whether there was of a concerned plan to hold a Meetin secretly to avoid my being present for even if any other person than myself had a Rig lit to fix the hour and place of meeting Sny the Secretary still it was his duty by the Constitution to give me notice. I was at my House which was As much in Indianapolis As the plact in which they assembled. And can any one believe if there was no corrupt motive that any society would assemble on 9�ch an occasion and re reign such a number of new member kind elect officers without their pre Siiling officer when he was of near and so easily notified oven if they could legally have done their by Csincsi what was the motive Quot or. Dunlap seems to think he Only difficulty with Roe was because i was not chosen president. Men of in the Audi Mission of members and compare it with the Law on the subject. Five were admitted. Or. Mitchell says they were All gentlemen of Good moral character licensed in other a tates and who produced testimonials of having attended a regular course of medical lectures. If this be a fact i May easily be proved but Reid tires much better Evi Flence than or. Mitchell s assertion. But were it a fact it would not entitle them to add Mission even by the doctor s own showing. There May be medical societies in some other states As Little scrupulous in licensing As this society is in receiving members and attending one course of lectures is of itself a poor Piali fiction for practice. The Law recognizes no other licenses than those granted under authority of our own state Laws. Doct. Mitchell says Quot the Law is explicit. The District society May be composed of Piersons of Soo it i moral character residing in their respective districts who have been Reid ulary licensed to practice Medicine in this state for two years preceding the passage of the act Quot and says to Iree of the gentlemen admitted i Trot have joined finder that provision but does not say which three or How the other two might have got in. Unfortunately the doctor does not seem very acute in understanding Law since in quoting it erroneously he has made it so much against himself that neither he nor or. Dunlap could be members under its provisions. Or. Dunlap says Quot there was not an individual admitted to membership who did not come immediately under the letter of the Law that had not attended one full course of lectures that had not Practised a number of years or that did not give other satisfactory evidence of his capacity to where he found this Law i cannot guess. There is nothing like it in the statute look of Indiana. Compare it with the Law As it a ads which has been published in both our papers As Well As in the Laws of the last session and is As follows a Quot the said districts societies May be composed of All persons of Good moral character residing in their respective districts who have been regularly licensed to practice Medicine in this state or who have been reputable practitioners in the state for two years next preceding the passage of this act or m to have graduated in any medical College in the United i should Hope doctors Mitchell and Dunlap understand the difference Between graduating at a medical College and attending a course of lectures although it would seem from their quotations of the Law that they do not those possessing the qualifications above named in the Law and those Only can be members of the society j and verse men i and after consulting some other members of the state medical society inserted the provision for their Especial Benefit from which this has been substantially copied and for which it seems i get Little thanks. But the most important consideration for the Public is the provision made for the future examination and licensing of candidates to practice Medicine the preamble to the act of last Winter states As a defect of the then existing Law which it proposes to remedy that it does not Sui Micier in guard against licensing unqualified men to practice Medicine. And it was the general understanding both by members of the legislature and members of the state medical society that the Law should neither interfere with steam or Root doctors or physicians already in practice although they were unqualified. Its chief object was to induce Young men who study the profession of Medicine to do it thoroughly and that none but such As were Well qualified should hereafter be licensed to practice. And if the intentions of the legislature Are fulfilled by those having authority to License the Public will eventually have the Means of determining who Are qualified to practice a profession to which almost every Man at some time commits the care of his life. In order More effectually to carry this intention into execution and silence the most formidable objection to a medi Ial Law Viz that District societies often License those totally unqualified to practice the Law before mentioned which passed the Senate session before last provided that All licences should Issue from a Board of five censors appointed by the stale medical society each member of which Board should be a regularly licensed physician that they should hold their offices for five years one going out every year and meet Semi annually at Indianapolis to examine and License candidates. This provision was introduced in conformity with the principles which other states by experience have found necessary to introduce into their Laws to prevent licensing unqualified candidates by District societies often under the influence of a few disposed to Send their own students before qualified into practice. Unfortunately the opposition of two or three of the physicians in the lower House to the Bill said to have Arisen from a pledge to their constituents or the fear of their popularity and which was principally manifested against this Section caused the Bill to be lost in the lower House and probably pre vetted its being copied into the h r which was passed last Winter. But 1 much fear hat until some similar provision shall be introduced into our Ihus there will be found some District societies which by licensing unqualified men will defeat the principal object of a medical Law and de stroy All Confidence in the medical licenses granted in our state and i feel mortified that the District to which i belong has set so bad an example for although it has licensed no one yet to practice yet those it has elected to examine and License afford it will be seen a very indifferent Constitution of Central medic in society provides for the election of 5 censors of whom the president and Secretary Are sex office two and of whom 3 form a quorum to do business and the act of 1825 provides that they shall do All the examination and licensing of candidates. The president Secretary and one of the censors As elected by this illegal meeting of the society reside in Indianapolis and neither of the other two censors much Short of 30 Miles from it of course it May be expected that these three docs. Mitchell Dun Lap and Tichenor will do All the examination and licensing of physicians for this District. And neither of them have i believe been licensed to practice Medicine in Liis state and i presume not any where. Doct. Mitchell did i was informed go to Corydon and Bear an examination before the 3d medical District society in dec. 1821, but was found unqualified to practice and refused a License leaving him still Uii licensed his honorary degree of m. D. Conferred by the Transylvania University and which has been duly advertised to he contrary notwithstanding. Doct. Dunlap was in prac ice Here several years when it was penal to practice without License obtained in this state but never to my knowledge applied for one. And doct. Tichenor has i presume no pretensions to License any where. Now let me ask what Confidence can the Public have in the qualifications of a Man licensed by men whose own qualifications have never been tested before competent judges except to be rejected and what Well educated physician would submit to the degradation of an examination by such a Board it is certainly fortunate for the Public that they Are not legally elected. The regulations of the society forbid any Lic Etise to be delivered by the Secretary until a License fee of �5 is paid. Doct. Dunlap say Quot the generosity displayed by that gentleman in his timely War nit g to the Public with respect to physicians paying for License of no value is without a parallel but when he is made aware that there was no charge made his designs will be not a Little the generosity of the society in making no charge considering that they granted no License is truly extraordinary. It is hoped the doct. Knows the difference Between License and membership although he would seem not to from this observation the Constitution also provides that licentiate of other medical societies in this state May be admitted to membership by paying such fee As the society May proscribe but inasmuch As those admitted were not licentiate of any such society it was equally generous to admit them without charge. But when he goes on to say Quot i shall take the Liberty of informing him that so Long As the members dictate for themselves Quot or doct. Dunlap dictates for them Quot our society will not be made an engine to filch Cas from the pockets of our Brethren Quot he must mean to notify the Public that the society will in future License charge free. And when he adds Quot so in this the doct. Judging others by himself has been led into error Quot i conclude he knows he will thereby excite great odium against me among his medical Brethren of the same kidney As having a disposition not Only to examine them but also to filch Cash from them As a fee for License to practice. It is i believe a Universal custom in All countries to charge the candidate a fee on being licensed to practice Medicine Consin Merable expense is required to procure a Seal Parchment and printing engraved licenses a pc. For the candidate and this goes towards defraying have myself besides paying a graduation fee at a medical College paid a License fee in the states of new York new Jersey and Indiana and never considered it As Fil Ching Cash from me. And although those who have never received a License May not think it ought to Cost any thing 1 am Well satisfied every regularly licensed and Well educated physician will consider this popularity seeking Slang about Fil Ching cos i from the pockets of 6rt i Ren for License As the ear Mark of quackery. In the exposition i have Given it has not been my with to injure these gentlemen in practice or return evil for evil it was the the offices they have assumed and the Opportunity thereby of doing injury to the medical Chirac ter and to the Public which induced me to notify the Public of the illegality of their proceeding and their de Nial of my statement and personal a Buse necessarily has led to a More full development of facts and motives. 1 for myself i rejoice that i was so far Able to control my feelings As nou withstanding All the evidence of co a i Bina Tion and All the insult and abuse i received faithfully to urge them by every motive i thought would be effectual to pursue a Correct Legal and honourable course and having so Dowie in vain can with a Clear conscience retire from their connexion. And although Ali their proceedings Are and must continue to be illegal yet if they will assemble and mutually improve their qualifications for practice it will so far be a Benefit to themselves and patients and i presume no qualified physician will Ever trouble them for a License although freely offered without examination without Money and without Price a i presume i May also thank the gentlemen for the course they have pursued on another account. There was a Mutual sympathy which led them together to Combine against me and i have Long been informed that while professing Friendship they have been slandering and misrepresenting me and the Public course they have now taken pretty clearly shows they have prepared their consciences for it by private defamation. I have never noticed it but doubtless they have often injured me in the estimation of others while receiving under the garb of Friendship favors for themselves. Now this Public exhibition of their Malignity and ill will and the fabrications to which they will resort will put others on their guard in crediting their kind and Friendly hints to my prejudice. A with respect to the Central medical society if the slate medical society shall receive its illegally chosen delegates it will be i conceive in the situation of All those courts and corporations created by Law whose proceedings would be vitiated by the admission of illegal members to participate in and control their proceedings but if a majority of the delegates from other societies shall be Correct and Well educated physicians there will be no of their doing so. Isaac Coe. A i ill a jul it lib a a Iii a i i ii Istratov s exotic pc. Raise Pniler Signell has taken out let it is of a administration on the is ate of David Beerling dec d. Late of Bartholomew county Indiana All persons inde Terl to said estate will make payment o him and information is but him Given Tiit the said Esfi Ite is insolvent the settlement of which will he claimed As such. James White adm r. May 22, 1830. 11370 a Kaminis Tyaton s notice. All Piersons having claims against the estate of James Smock dec d. Late of a Quot in son coup to ind. Will present them legally authenticated according to Law for settlement within one year from this i Ite and All Persona indebted to said estate Are requested to come Forward and make payment. The estate is probably solvent. John r. Smock. Adm r. May 8, 1830. 1i370 Indiana to wit Hamilton Cority. Hamilton circuit court May term a d.1830, Joshua Yeo. Administrator of the estate of Jesse Mckay de j ceased j is. 1 Asa Mckay j Ohrt Mckay a Rah via Stern amp Samuel Val in chancery Tern her husband Hannah Wood and Joshua Wood heirs and Legal representatives of Jesse Mckay deceased. John u Stephenson amp Jacob Wood now at this time comes the complainant by Fletcher his solicitor and files his Bill of complaint praying Bat the real Escota of Jesse Mckay dec d. Ling in Liun Iton to. Ind. Be sold it being suggested that ii ener Sonal estate of said decedent is not sul Cirn o pay the debts of said estate. And it Bung made known of the court it hat the said or Fin wants Asa m Kay John Mckay Wal Tern and Samuel Waltern Hor husband. Hannah Wood and Joshua woo Ltd her husband Are not residents of this state therefore it is ordered by the court that it he s Iid defend Ana be notified of the Pendency of the comply Iii ant s Bill by three weeks publication in he journal a Public newspaper printed in Indianapolis that they be Atid adj year on the first Lav of he next term of this court and answer the said Bill or hat the same will be Timken for confessed against them and a decree will be had accor Dinev in their absence. Attest Jno. D. Stephenson Elk. A copy. 370 taken up by John Ergen Bright of Nineveh township Bartholomew co. Ibid h Brown horse both left feet White Blaze face some Saddle Marks a bout fourteen and a half hands High natural Trotter supposed to be thirteen years old appraised to if Fern dollars by g. Ergenbright and j. Maxed. Job Gardner j. V. April 24, 1830. 11370 taken up by Solomon Colt living in Blue River township Hancock county ind. A Black horse supposed to be Twenty years old about fourteen hands High a Star and snip very Gray about the head his right fore leg stiff in the pastern joint branded on the left shoulder i h the letter of some Saddle Mark a appraised to Twenty dollars by Benjamin Gordon and David Dille. A Rue ropy from my Estravo Book. Bazil m Elk j. R. April 29, 1830. 11370 taken up by William Stewart of mount lea8 not township Delaware co. Ind. An stray sorrel Mare about fourteen hands und a half High supposed to be eighteen years old shod behind with steel toed shoes has n White Stripe blown her face no other Marks or Bramis perceivable appraised to fifteen dollars by William Diu Gheith and Jonathan Mills. A True copy from my stray Book. William Jones j. P. My 10, 1830. 370 Blank deeds for Salt
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