He exempted the Massachusetts Hospital from the application of his royalty, and it was only right that he should do so; but, unfortunately, it was the only large hospital where etherization was regularly practised. In order to extend its application Doctor Morton secured the services of three young physicians, practised them in the use of the gas, and paid them a thousand dollars each to go forth into the world as proselytes of his discovery; but they met everywhere with a cold reception, and were several times informed that if the Massachusetts Hospital enjoyed the use of etherization, other hospitals ought to have the same privilege; so that his enterprise proved of no immediate advantage.

The Mexican War was now at its height, and Doctor Morton offered the use of etherization to the government for a very small royalty, but his offer was declined by the Secretary of War. He soon discovered, however, that surgeons in the army and navy were making free use of it,—contrary to law and the rights of men. Individuals all over the country—dentists and surgeons—were doing the same thing; and it was more difficult to prevent this than to execute the game-laws. For such an order of affairs the decision of the French Academy was largely responsible, for if men only find a shadow of right on the side of self-interest, they are likely enough to take advantage of it.

Meanwhile Doctor Jackson, with a few friends and a large body of Homoeopaths who acted in opposition to the regulars of the Massachusetts Hospital, kept up a continual fusillade against Doctor Morton; but this did him little harm, for early in 1847 the trustees of the hospital decided, by a unanimous vote, that the honor of discovering etherization properly belonged to him.

Doctor Jackson questioned the justice of this decision, and applied for a reconsideration of the subject. Whereupon the subject was reconsidered the following year, and the same verdict rendered as before. Doctor Jackson then carried his case to the Boston Academy of Arts and Sciences, when Professor Agassiz asked him the pertinent question: "But, Doctor Jackson, did you make one little experiment?" adding drily, after receiving a negative reply: "It would have been better if you had."

It is to be regretted that Doctor Jackson should have attacked Doctor Morton's private life (which appears to have been fully as commendable as his own), and also that R. W. Emerson should have entered the lists in favor of his brother-in-law. In one of his later books Emerson designates Doctor Jackson as the discoverer of etherization. This was setting his own judgment above that of the legal and medical professions, and even above the French Academy; but Emerson had lived so long in intuitions and poetical concepts that he was not a fairly competent person to judge of a matter of fact. It is doubtful if he made use of the inductive method of reasoning during his life.

Doctor Morton sought legal advice in regard to the infringement of his patent rights; but he found that legal proceedings in such cases were very expensive, and was counselled to apply to Congress for redress and assistance. This seemed to him a good plan, for if he could exchange his rights in etherization for a hundred thousand dollars, he would be satisfied; but in the end it proved a Nessus shirt to strangle the life out of him. He soon found that Congress could not be moved by a sense of justice, but only by personal influence. He gave up his business in Boston and went to Washington with his family, but this soon exhausted his slender resources. Knowing devils informed him that if he wished to obtain a hundred thousand dollars from the government he would have to expend fifteen or twenty thousand in lobbying, but the idea of this was hateful to him, and he declined to make the requisite pledges.

The winter of 1850 and of 1851 passed without result, until finally in December of the latter year, Bissel, of Illinois, made a speech in Doctor Morton's favor, calling attention to the fact that the government had been pirating his patent, and proposing that the subject be referred to a committee. Robert Rantoul seconded the motion, and the step was taken. It was considered better for the chances of success that the proposition should come from a Western man.

This committee continued its meeting throughout the winter and made a thorough-going examination of the question before it. The frankness and plain character of Doctor Morton's testimony is much in his favor, and the description he gave of his own proceedings previous to the first operation in the Massachusetts Hospital show how hard he wrestled with his discovery,—wrestled like Jacob of old,—working half the night with an instrument-maker to devise a suitable apparatus for inhalation. Doctor Jackson and Horace Wells also presented their claims to the committee and were respectfully considered.

The report of this committee is a valuable document,—a study for young lawyers in the sifting of evidence,—and of itself a severe criticism on the judgment of the French Academy, which it considered at too great a distance to judge fairly of the circumstances attending the advent of painless surgery. The committee decided unanimously that Doctor Wells did not carry his experiments far enough to reach a decided result; that Doctor Jackson's testimony was contradictory and not much to be depended on; and that the credit of discovering painless surgery properly appertained to Dr. W. T. G. Morton. They recommended an appropriation of a hundred thousand dollars to be given to Doctor Morton in return for the free use of etherization by the surgeons of the army and navy.

A hundred thousand dollars was little enough. The British Government paid thirty thousand pounds as a gratuity for the discovery of vaccination; and more recently a poor German student made a much larger sum by the invention of a drug which has since fallen into disuse. Half a million would not have been more than Morton deserved, and a hundred thousand might have been bestowed on Wells.