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A TYPICAL AMERICAN; 
 
 OR, 
 
 INCIDENTS IN THE LIFE OF DR. JOHN SWINBURNE 
 
 OF ALRAN\\ 
 
 THE EMINENT PATRIOT, SURGEON, AND PHILANTHROPIST. 
 
 COMPILED AND PUBLISHED BY 
 
 THE CITIZENS' ASSOCIATION. 
 
 ALBANY, N.Y. : 
 ISSUED FROM THE CITIZEN OFFICE. 
 
 1885. 
 
Entered according to Act of Congress, in the year 1S85, 
 
 By JOSEPH R. McKELVEY, 
 
 In the Clerli's Office of the District Court of the United States for the Northern 
 District of New York. 
 
 J\\V)o.^^. \-^^Jw(K^ 
 
 ^, 
 
INTRODUCTION. 
 
 In presenting this sketcli of the life of one of the most 
 remarkable men of the period, — one in whom the people of 
 Albany take the deepest interest ; who is esteemed by all 
 classes, particularly by the men who were found at the front 
 during the Rebellion ; and who, by his many kind acts to the 
 poor, has endeared himself to them beyond all other men, — 
 the citizens have no further apology than a desire to have 
 the people at large know him as they know him. 
 
 To him is given the strange title of " The Fighting Doctor," 
 because of his many contests with error in every walk of life. 
 These conflicts have all been in the interests of the people, — 
 as a volunteer during the Rebellion ; in professional struggles 
 to overcome malpractice and deformit}'^ in treating the sick 
 and maimed ; and in private and political life to secure better 
 government, and overcome corrupt political cabals. 
 
 Aggressive yet tender and kind, he possesses all the char- 
 acteristics of a true man, combined with a skill that places 
 him at the head of his profession ; self-made, he thoroughly 
 understands the wants of the people ; and possessed of a 
 spirit of fearless independence, he has been by nature and 
 circumstances well fitted to espouse the cause of the people 
 at large without distinction of class. 
 
 From the days of boyhood, when deprived of a paternal 
 guide and director, up to the present time, his life has been 
 a remarkable one, full of thrilling adventures and unprece- 
 
IV INTRODUCTION. 
 
 dented achievements. Rising by his own efforts from ob- 
 scurity to eminence, and from poverty to plenty, his life has 
 been eminently that of a typical American. 
 
 Every chapter in this life is a history of itself, and will be 
 read with interest. In compiling it, the work has been some- 
 what difficult, because the doctor has never kept any scrap- 
 book, either of the contributions he has made to science, or 
 of the many good things others have said of him. We have 
 therefore been compelled to resort to public documents on 
 file in the State and other public departments ; to the libra- 
 ries ; to the press, as far as these could be reached con- 
 veniently ; and to correspondence with those who knew him 
 in the various walks of life. The doctor having but little to 
 say of himself with reference to his life and doings, we have 
 been enabled to learn comparatively little from him to assist 
 in the work. 
 
 In accordance with a resolution of the association, this 
 work is respectfully presented to the public, believing that it 
 will entertain and inspire a desire in others to emulate his 
 example, however humble their position in life may be, as 
 well as to make the people at large better acquainted with 
 our brave, skilful, and humane fellow-citizen. 
 
CONTENTS. 
 
 CHAPTER I. 
 
 PAex 
 
 Onb of Natuke's Noblemen 1 
 
 CHAPTER II. 
 The Soldier's Fkiend 8 
 
 CHAPTER III. 
 A Pkisonek of War 22 
 
 CHAPTER IV. 
 Fighting for the Wounded 38 
 
 CHAPTER V. 
 From War to Pestilence 58 
 
 CHAPTER VI. 
 A Quartet of Plagues . . . '. 70 
 
 CHAPTER VII. 
 Honest and Faithful 80 
 
 CHAPTER VIII. 
 Under Two Flags 96 
 
 CHAPTER IX. 
 The Wonder of Scientists 112 
 
VI CONTENTS. 
 
 CHAPTER X. 
 
 PAQK 
 
 Living on IIokse-ixesu 124 
 
 CHAPTER XI. 
 
 RliVOLUTIONIZlNCi SUKOEKY 132 
 
 CHArTER XII. 
 Conservative Sukgeky 147 
 
 CHAPTER XIII. 
 Challenging the Ckitics 170 
 
 CHAPTER XIV. 
 Medical Jukispkubence 184 
 
 CHAPTER XV. 
 Praised and Slandered 226 
 
 CHAPTER XVI. 
 The Fighting Doctor 240 
 
 CHAPTER XVII. 
 A Plucky Leader 2G2 
 
 CHAPTER XVIII. 
 Elected to Congress . . , 283 
 
 CHAPTER XIX. 
 Swinburne's Dispensary 303 
 
 CHAPTER XX. 
 Science devoted to Humanity 322 
 
 CHAPTER XXI. 
 Behold the Man 339 
 
A TYPICAL AMERIOAISr. 
 
 CHAPTER I. 
 
 ONE OF NATURE'S NOBLEMEN. 
 
 Envious Rivals. — Brave and Philantliropic. — Sacrificing Comfort for Patriot- 
 ism. — A Busy Life. — Tlirilling Adventures. — Self-made. 
 
 " To be as busy as a Wallach woman, and do as little," was 
 an old saying among the German settlers of Rouraania ; and 
 the excuse given by the males for having wives was " to 
 comb and keep them clean," as the men were a dirty, indolent, 
 and cowardly set, except in the commission of such crimes as 
 plundering, horse-stealing, and smuggling. For every neglect 
 to live and act as human beings, they had an excuse. When 
 the month of May arrived, — the proper season for planting, — 
 they wasted an entire week in unmitigated idleness, under 
 the supposition that their fruits would thereby be protected 
 from the late frosts. These laggard husbands, however, were 
 anxious tliat their wives should be alwa3's busy, and often 
 frightened them into greater diligence bv pretending that a 
 fairy visits every house early on the morning of Holy Thurs- 
 day, and inflicts on them some dreadful affliction if all be not 
 found in order. Among more civilized people, and particularly 
 with this nation, there are those who possess the same char- 
 acteristics as the Wallachs, always ready with an excuse for 
 not answering promptly the calls of duty as patriots, citizens, 
 or humanitarians. Such men are the most anxious to dispar- 
 age the works of others, and would, if they could, bury far 
 from the sight of the world every record of heroism of their 
 day, and blot from the pages of history those ennobling acts 
 in the lives of fellow-beings that will live in memory long 
 
Z A TYPICAL AMERICAN. 
 
 after their cowardly and selfish lives have been forgotten. 
 Yet, to the credit of this comparatively young nation, this class 
 of envious persons is small, compared to the great whole, and 
 of a much smaller ratio than might he looked for among the 
 heterogeneous mass from all nationalities, who make up the 
 great American nation, and constitute a people whose bravery 
 and humanity outstrips any records of ancient or modern 
 times. It is the acts of individuals that make history for 
 the future, as their deeds operate for good or evil in their day 
 and generation; and truly the history of this nation is bril- 
 liant, as it is being written, with national acts of greatness, 
 and individual deeds of daring and philanthropy, that obscure 
 the most brilliant doings of the more ancient Spartan, or the 
 chivalric deeds of the historian. 
 
 In the bustle and excitement of our progressive life in 
 America, we are too prone to overlook the deeds of men 
 while they are living, and await, because of ambitious jeal- 
 ousy for place and preferment, to render just tribute to the 
 deserving, until the hand of death has laid cold the man the 
 people should honor. When they have passed where earthly 
 honors and mortal eulogies are as empty sounds to the de- 
 parted, over their biers are pronounced the praises that should 
 have been sounded in their ears while the senses were yet 
 quickened to receive the grateful tributes. Not a month 
 passes but history is repeating itself in giving to the world 
 the sad tidings that some truly great man has pnssed away; 
 and for a time the poisoned pen of partisanship is laid aside, 
 ajid, the better nature prevailing in the presence of the dark 
 spectre, a meed of praise is bestowed. But, alas! the just 
 tribute to a worthy name is often too late, and only inspires 
 the thought that merit has no rewards for the living to com- 
 pensate for the sacrifices made. 
 
 When another century has passed away in the life of the 
 American Republic, what an array of valiant men will be 
 found to have lived and acted prominent parts in the great 
 free government on this continent ! Every page of history 
 will sparkle with the names of men whose brilliant acts will 
 shine out as startling constellations in the darkness of the 
 
ONE OF NATUKE'S NOBLEMEN. 8 
 
 struggles tlirough wliicli tlic couiitr}'- passed. Ever since the 
 ludiiui Will- ill IGTr), that dovastatcd New England, when Capt. 
 Cliurch of Massachusetts, and (Ja.pt. Dennison of Connecti- 
 cut, became celebrated for their heroic ard(n" and fortitude, 
 the list has constantly increased; and the acts of daring and 
 self-denial have become grander as civilization has progressed, 
 until in every emergency, in war and in peace, even the 
 humblest citizens are performing acts that in other days 
 would have caused them to be crowned with wreaths of 
 glory. 
 
 The peculiar and striking bravery of the truly American 
 is inspired only by that intelligence which assures him he is 
 right, and to the commission of deeds which his conscience di- 
 rects and approves, as the love of freedom animated to deeds 
 of heroism the band of men under Gen. Putnam at Long Island, 
 who fought with such bravery, with Gen. Clinton attacking 
 them in the rear, and the Hessians in the front, when they 
 believed neither valor nor skill could save them from defeat. 
 
 With us we have still living in active life, in the State 
 of New York, one whose name will be in the future familiar 
 among the votaries of science and the lovers of patriotism, 
 and whose discoveries in the profession of his choice have 
 already almost revolutionized the practice of surgery, and 
 whose genius and skill will be honored by his profession for 
 ages. His acts of intrepid bravery on the field of battle, his 
 sympathy and care for the sick and wounded, his deeds of 
 charity and benevolence among the poor, will be as familiar 
 in the future as Ethan Allen's demand for the surrender of 
 Ticonderoga is now, and his philanthropy will be as im- 
 mortal as the poet has made Paul Revere's ride to Lexington 
 from Boston. 
 
 Brave as a Wellington, yet tender as a woman ; eminent 
 as a surgeon and physician, yet plain as a man ; polished and 
 learned as a gentleman, yet humble as a peasant; a hater of 
 fraud, chicaner}', and dishonesty, j'et jealous of no man ; 
 constantly moving about among the people, looking only 
 to their interests, sacrificing time and money to make the 
 condition of the masses better; supplying with a liberal 
 
4 A TYPICAL AMERICAN. 
 
 hand the wants of the poor, caring for their sick and unfortu- 
 nate ; fighting error and corruption wherever he finds them, 
 either in his profession or in government ; and sacrificing 
 all personal comfort for the good of others, — is the man 
 to whom we would lead public thought, knowing that the 
 American people love the brave and humane, and only re- 
 quire to be reminded, to awaken to the according of deserved 
 honors. 
 
 The truly Ameiican, Dr. John Swinburne, has a life which 
 has no parallel or precedent in the combining of so many 
 distinguished qualities in any one man, and is a prototype for 
 others to emulate. As a patriot, tlie relinquishing of a very 
 lucrative practice, second to no other physician in Albany 
 County, and going to the front during the Rebellion as a vol- 
 unteer surgeon without pa}^ was a sublime act, and endeared 
 him to the hearts of his countrymen ; and his acts of bravery 
 while there, have entered his name among the multitude of 
 heroes of that period. His constant care of the sick and 
 wounded on the fields of battle, and his never-ceasing efforts 
 to have them comfortable, has made him an object of honor, 
 and almost reverence, among the hundreds of his brave com- 
 rades who felt his tender touch, or heard his kind words of 
 sympathy, while they lay in pain and agony. His eminent 
 ability as a surgeon, and his constant endeavor to cure the 
 injured and save the parts wounded ; his aversion to tlie com- 
 mon practice of cutting and amputating ; and his firm oppo- 
 sition to having the noble fellows, wounded for their country, 
 made subjects for experiments in cutting and amputating, — 
 won for him the gratitude of thousands whose limbs weie 
 not sacrificed, but saved to them, as well as the respect and 
 esteem of all humane and honest surgeons, and caused him 
 to be hated and envied by the ignorant charlatans who prac- 
 tised human butchery and malpractice. 
 
 There is something phenomenally grand in the active, self- 
 denying, and busy life of Dr. John Swinburne as a surgeon 
 in the field of battle ; as a health-officer, contending with the 
 terrible diseases of cholera, small-pox, and yellow-fever, 
 saving the people from their destructive ravages for years, 
 
ONK OF NATUItlCS N0I5I.EMICN. 5 
 
 and finding the means not <jnly to cluiok hnt to KUf)preH8 
 these diseases; as a phihinthroi)ist, establishing sanitarinnris, 
 hospitals, and dispensaries for the care and treatment of the 
 poor; and tlie introduction of a conservative system of sur- 
 gery that saved rather than destroyed, and the application and 
 use of remedies that are comparatively costless, instead of the 
 high-priced drugs and minerals usually prescribed in treating 
 the sick. His quiet benevolence, and yet bold aggressiveness 
 in fighting error and corruption in high places, both in pro- 
 fessional and official stations, has given his life a charm un- 
 equalled in the past, and has won for him the unyielding love 
 of the masses of the i)eople. To these are added other events 
 that render his career one of thrilling adventures and bold 
 aggressiveness, that intensifies the charm, and holds the stron- 
 gest admiration. As a medical expert on the stand, surprising 
 the courts by his bold statements, arousing the opposition of 
 almost the entire profession of the State, and finally satisfying 
 the courts that he was right, proving his grounds as the only 
 correct ones, and completely silencing his opponents, were 
 remarkable victories, and have established him as the most 
 reliable of medical experts, with whom others do not desire 
 to cross professional swords. In a besieged city, where the 
 shot and shell were falling fast, and riot was rampant on the 
 streets, he was there cool, and, from the promptings of human- 
 ity, devoting his skill to the care of the wounded without 
 money and without price, and winning in that foreign nation 
 the highest position in his profession, — a place accredited 
 him by all the nations of Europe. 
 
 Like the other eminent names which grace our history, 
 starting to work out their destinies from the tailor and shoe- 
 maker's shop, from the tanyard and wood-chopping, and end- 
 ing with the presidency and vice-presidency, this man, from 
 sleeping on the floor and living on seventy-five cents a week 
 while a student, who has attained the highest pinnacle in his 
 profession, is an eminentl}' typical American. 
 
 In his address to the jury in the celebrated murder-trial in 
 Albany in 1853, of John Hendrickson, jun., for causing the 
 death of his wife by the administering of tincture of aconitQ, 
 
b A TYPICAL AMERICAN. 
 
 a vegetable poison, the Hon. L. S. Chatfield, attorney-general, 
 said of Dr. Swinburne : — 
 
 "Who is John Swinburne? John Swinburne, with that 
 frankness characteristic of the man, — sunny frankness that 
 knows no guile, — he comes here and tells you he is a native of 
 Lewis County. He was of humble pareiitage, and, like other 
 poor boys, I suppose he had to Avork to acquire the means to 
 further him in knowledge. He finally is found in the Lewis 
 Academy, thence he went to P'airfield, and from tlience he 
 comes to this city. At the medical college here, he acts for 
 two years as demonstrator; since when he has had a private 
 dissecting-room, and has probably made more post-mortem 
 examinations than any man in the State. 
 
 '• John Swinburne was not put on that stand because he 
 had a diploma in his pocket, nor because he had been born 
 with a silver spoon in his mouth, and l)een reared in the lap 
 of luxury. We placed him there because we knew him to 
 be an intelligent, scientific, and honest man ; because we knew 
 that he would give us truth, wliich we were seeking for. 
 
 " I have yet to learn that colleges, or college honors, make 
 the man. Wherever you find distinguished talent, in what- 
 ever profession you find mind leading in the race of popu- 
 larity and distinction, in whatever walk of life you find 
 prominence and true superiority leading to honor and respect, 
 you will find that zeal, courage, virtue, industry, indomitable 
 will, and untiring perseverance, underlie it all. These men, 
 cast in Nature's noblest mould, are learned and intelligent 
 in spite of colleges; and in our land nineteen out of every 
 twenty of the men who have deservedly received honors 
 from the hands of their fellow-citizens have fought their way 
 to their exalted position from the humblest walks of life. 
 They have conquered disadvantages which would have ap- 
 palled the softer-natured collegiate, and, thirsting after true 
 and useful knowledge, have attained it because it was attain- 
 able to the intelligent, the industrious, and the good. 
 
 " If I were to look for the intelligence of the land, I would 
 look to what is termed the middling classes : for it is there we 
 find sound, practical sense; it is there we find incorruptibility; 
 and it is there we find those qualities of head and heait 
 which endear man to his fellows. It is there, also, that we find 
 that patriotism which protects the interests and institutions 
 of our country. It is to that class John Swinburne belongs. 
 He does not come here resting on a diploma, but he comes 
 here with a pure heart, a clear head, and a richly stored mind. 
 
ONE OF NATURE S NOIJLEMEN. 7 
 
 "The commniiity will cherish such men as lie; and I liere 
 tell tlie ^eiithiiiiiiii that the naino of John Swinburne will live 
 lon*j^ aft-ur his hoiuis hav(! monldorcd in llie dust. Confident in 
 his intoij^rity, his intelii^rtMUM;, I am wi]iinf( to l)ring John Swin- 
 burne here, and I am willing to rest this case on his credi- 
 bility ; and 1 wish wo had more men of as clear heads and 
 pure hearts as he, instead of the scores of charlatans and 
 quacks who can use muriatic acid for a tooth-wash." 
 
CHAPTER II. 
 
 THE SOLDIER'S FRIEND. 
 
 A Volunteer Surgeon. — A Tnrkish Tradition. — Among the Wounded in the 
 Rebellion. — A Carnival of Death. — Medical Superintendent of Wounded 
 New-York Troops in Full Command. — A Hard Road to Travel. — Official 
 and Press Eulogies. 
 
 During the trying days of 1861, when the arsenals and 
 factories were busy moulding the weapons of death ; when 
 the steady tramp of armies of valiant men in blue were 
 marching from every section of the North, East, and West, 
 to the sound of martial music, with a tread that shook the 
 nation from centre to circumference ; when loved ones were 
 taking their farewells, perhaps forever, and the nation was 
 in the throes of a terrible and wicked revolution that 
 threatened the destruction of the grand republic of the 
 free, so much patriotic blood had been spilt and hardships 
 endured to establish and perpetuate, — Dr. Swinburne was 
 living in Albany, enjoying the largest professional practice in 
 the city. When the first struggles took place between the 
 loyal and rebel forces, he entertained the hope thousands of 
 others in the North indulged, — that the conflict, though it 
 might be a sanguinary one, would be of but short duration, 
 and that the foolish leaders of the Rebellion would recover 
 from their delusion, and, renouncing treason, return to loyalty 
 and peace. As the months wore on, and the spirit of rebel- 
 lion intensified, he realized that the end was not yet, and grad- 
 ually arranged his business that he might go where he could 
 do the most service to his God, humanity, and his country, 
 and to this end tendered his services, without pecuniary com- 
 pensation, to Gov. Morgan, as a volunteer surgeon. The 
 governor, knowing the abilities of the surgeon and physician, 
 
TFIE SOr>I)lKK'H KItlKND. 9 
 
 and tlie pressing need there was at the front for one so skilled, 
 promptly accepted the voluntary offering for his State and 
 country; and, despite the earnest solicitations of the doctor's 
 friends and patients, he was duly commissioned on April 7, 
 1862, a volunteer surgeon to care for the si(;k and wounded 
 troops belonging to Ncw-Yoik State, and immediately left for 
 the peninsula. Since that time, up to the present, the life of 
 this remarkable man has been a continuous chapter of sur- 
 prising personal achievements in military, scientific, and civil 
 life, affording realities 'stranger than fiction in the active per- 
 formances of a man impelled to exercise the gifts that God 
 had endowed him with for the good of others. 
 
 From the breaking-out of the Rebellion, up to the date of 
 his commission, he had not been a passive looker-on in the 
 first stages of the terribly wicked and cruel drama, nor a drone 
 in the hive of loyalty's busy defenders. At the ver}-- opening 
 of the fij'st tragic scene in the conflict, he was made chief 
 medical officer on the staff by Gen. John F. Rathbone, and 
 placed in charge of the sick in the Albany (N.Y.) depot for 
 recruits, where, according to the report transmitted to Gov. 
 Morgan by the then State surgeon-general. Dr. S. Oakley 
 Vanderpoel, the result showed the wisdom of the appoint- 
 ment. The surgeon-general stated in that report, " Dr. Swin- 
 burne not only gave the sick soldiers his whole time and 
 attention when needful, but, when it became necessary to 
 put some seventy patients in another building, the same care 
 and supervision were exercised." He further added, " The 
 abstract accompanying this report is the best commentary of 
 the fidelity and skill exercised by himself and his assistants," 
 and then announced that up to that date, Dec. 13, 1861, 
 " about three months, the whole number of cases treated by 
 Dr. Swinburne during the period of his administration was 
 fourteen hundred and twenty-seven, and the deaths only 
 twelve." 
 
 It will seem scarcely reasonable that one who, because of 
 his prominence in his profession, held such a position as sur- 
 geon-general of the State of New York, would, alter inditing 
 such an official commendation, and others equally laudatory, 
 
10 A TYPICAL AMERICAN. 
 
 to which further reference will be made, because of pro- 
 fessional jealousy, plot to undermine and destroy the repu- 
 tation of the man he so praised. Yet it is true that in the 
 hours of peace the mask of friendship was thrown off, and 
 Dr. Vauderpoel became one of the chief actors in an ig- 
 noble and bitter but futile effort to destroy the fame of the 
 eminent phj^sician and surgeon, because he would not aid 
 and abet error, nor cover up the professional and public short- 
 comings and lack of integrity, of this man and some of his 
 associates. 
 
 The reader will pardon this digression, but will, by events 
 that follow, see the connection in what occurred after Dr. 
 Swinburne's military career, his success for years in fighting 
 disease, and establishing as health-officer of the port of New 
 York the best system of quarantine in the world, and win- 
 ning a fame abroad such as was never bestowed on an Ameri- 
 can surgeon. These successes aroused the envy and hatred 
 of some professional men who stood at the bottom of the 
 ladder of fame, without any ability to mount it, much less to 
 reach the eminence Dr. Swinburne had succeeded in reach- 
 ing, and recalls the Turkish tradition of Moses and the 
 Israelites. The story goes, " that while the Israelites were 
 marching to the conquest of the Promised Land, Moses, 
 desirous of contemplating the wondrous works of God, set 
 out to travel. He voyaged for thirty years in the east and 
 west, in the north and south. After many wanderings in 
 distant countries, the patriarch returned to his tribe ; but, in- 
 stead of being received as the wisest man and the first of 
 legislators, he saw his fame as a prophet and a traveller 
 eclipsed by the gold of a banker. During his absence, there 
 had risen up a man among the Israelites, — a man who had 
 never ventured near the flames of Sinai, and had not the least 
 admiration for the wonderful works of creation, but who had 
 spent his days in ingenious speculation among the money- 
 changers of the wandering children of Israel. Despising in 
 his wealth the poor man, who returned from his travels, he 
 would not recognize him as the lawgiver of Israel. In order 
 to make him contemptible in the opinion of those who still 
 
TMIG SOLDIEli's FRIEND. 11 
 
 rctiiiiKid feelings of iX'sp(;(;l,;iii(l gnititude Un- tlie aueient leader, 
 he instituted a proeews of law against hira, and suborned false 
 witnesses. But these witnesses were stung in their con- 
 sciences before tiie tribuTuil, and ])roclaimed the truth, and 
 Moses triumphed, llie people again received him for their 
 leader, while the earth opened and swallowed up the banker 
 with all his wealth." The tradition is in many points analo- 
 gous with the treatment of Dr. Swinburne by tlie "tribe" 
 (one of whom had acquired wealth by what was considered 
 questionable means) who controlled the Albany Medical Col- 
 lege and some of the hos[)itals at that time, in that most, if not 
 all, of them are without honorable fame or preferment now, 
 while he is the most popular man in the State, as proven in 
 the overwhelming majority with which the county of Albany 
 has made him its "lawgiver" in the National Congress, and 
 in having twice elected him mayor of the capital city of the 
 Empire State. 
 
 But to return to the story of his achievements in the fields 
 of carnage and war. The commission given him by Gov. Mor- 
 gan as a volunteer surgeon was applied for that he might have 
 a broader field in which to exercise his universally conceded 
 superior skill, and transferred him to a point where these 
 qualities were eminently and urgently needed, and afforded 
 opportunities to gratify his ambition to do much for his coun- 
 try, and won for hira plaudits and honor few men acquired 
 during his term of service. As an auxiliary volunteer sur- 
 geon, he reached the headquarters of Dr. Tripler, medical 
 director of the Arni}^ of the Potomac, at the White House, 
 on the Pamunkey River, Virginia, on the 18th of May, 1862, 
 and was by that officer assigned to the establishment of a 
 hospital at that point. 
 
 A letter in the " Albany Evening Times," dated White 
 House, June 10, 1862, will give some idea of what the sur- 
 geons had to contend with at that place, and the inadequate 
 provisions made to care for the sick and wounded, — an emer- 
 gency almost entirelv neglected. Dr. Swinburne, with Drs. 
 Willard and Lansing of New York, and Hall and Page of 
 Boston, were assigned to the establishing of a hospital there, 
 
12 A TYPICAL AMKRICAN. 
 
 where they succeeded, after one week, in erecting wall-tents 
 sufficient to hold from twelve hundied to fifteen hundred 
 patients. When they commenced their work, there were 
 only a few tents up, while patients were pouring iu at the 
 rate of from one hundred to one hundred and fift}'- a day. 
 Indeed, there were nearly three hundred sick and wounded 
 under the trees at the time, awaiting admission to a hospital, 
 and a severe rain-storm approaching. Shelter was soon pro- 
 vided. The next consideration was something to keep them 
 from the ground, in the form of beds. Straw arrived, but it 
 was found to be wet from the insufficient housing, like all 
 Virginia economy ; but by means of India-rubber and boards 
 they succeeded very well in keeping dry. The next day Dr. 
 Baxter, brigade surgeon, sent in his private stock of hay 
 (about four thousand pounds), and distributed it through the 
 tents, in lieu of wet straw ; and thereby the patients were 
 made very comfortable. The next thing to be attended to 
 was food for these hundreds of sick. Now came the rub. It 
 was not intended to make this point a hospital of any size, 
 and hence no provision had been made for such an influx of 
 patients; but the unhealthiness of the peninsula about York- 
 town, Williamsburg, West Point, and other places, added to 
 the almost constant exposure which our men endured, ren- 
 dered them victims to malarious disease. What was to be 
 done ? No fresh meat ; no kettles to cook it in if they had 
 it; and no water, except what was brought in pails from 
 springs a half-mile off. 
 
 " I firmly believe [Dr. Swinburne wrote at that time] 
 that more men will die who go home in this condition 
 (remittent and typhoid fevers), from the insufficient knowl- 
 edge of the physicians to whose care they are intrusted, of the 
 character of this disease and the requisite for its removal, on 
 the one hand, and, on the other, from the injury accruing from 
 moving them in their feeble state, coupled with the closeness 
 of the vessels in which they are transferred. Besides, during 
 the stages of convalescence, the habit of lounging and drink- 
 ing, to which they are inclined, adds very materially to the 
 danger of collapse. On the contrarj^ if they are kept in 
 open hospitals, like storehouses or wall-tents, and are supplied 
 
TIIK S()M»IKR\s kiuknd. 18 
 
 with proper nourisliment, stimulants, medicines, etc., tlie 
 mortality of those recuavfMl before the sta^e of complete 
 cerebral exliaiistion would be very small, — not more than one 
 or two j)er cent, — while many of th(;m who had arrived at 
 this stage of exhaustion could be saved. Nearly all the 
 latter die (if moved to hospital ships) from syncope. I 
 think the removal in this enfeebled condition is all wrong; 
 and, under any circumstances, it would be far better, both 
 for the troo])s and the government, to build large store- 
 houses, sufficiently wide for two rows of beds and a spacious 
 walk in the centre of the room Jor the nurses and surgeons; 
 the rooms to be at least twelve feet between joints, the roof 
 built after the old Dutch peak style. This structure could 
 be built a few feet from the ground, and giating made in the 
 floor all along the line of the middle of the building and be- 
 tween the beds. The expense of this class of buildings would 
 be very small where fine pine is so cheap. In this kind of 
 hospital, with proper sanitary arrangements, medical attend- 
 ance, etc., the mortality would be very small, while to the 
 government millions of dollars would be saved. Out of three 
 thousand sick I have seen, more than one-half are simply 
 exhausted from sudden changes of heat and cold, long 
 marches, wet, etc., and only require rest and appropriate 
 food." 
 
 The hospitals established at White House were in readi- 
 ness none too soon. Hardly had the last peg been driven, and 
 the anxiety of the surgeons been set at rest as to shelter and 
 food, when the terrible battle of Fair Oaks sent them plenty 
 of employment to occupy their minds and hands. On Satur- 
 day night the brave bo3's began to come in in greater numbers, 
 weary and wounded in every conceivable manner, shattered 
 by shot and shell as only brave men could be, and bearing 
 their terrible pains with a sublime heroism which cowards 
 know not of. By those who were on the ground, it is reported 
 that Dr. Swinburne worked from four o'clock in the morning 
 until midnight, and was again at work the next morning at 
 daylight. 
 
 Into this carnival of death and destruction he had volun- 
 tarily entered; and those who were so unfortunate as to be 
 wounded, and yet so fortunate as to fall under his care, say 
 his pleasant words of greeting and encouragement, with no 
 
14 A TYPICAL AMERICAN. 
 
 dismal forebodings and no sign of discouragement on his 
 countenance, encouraged many a brave fellow to struggle 
 through who would otherwise have given up and died. He 
 believed, and infused the feehng into others, '■' that he who 
 laughed most was surest to recover." With a heart as sym- 
 pathetic as a child, and with a nerve only an approving con- 
 science could insure, he moved from one to another in his 
 humane work, encouraging all, and deceiving none. 
 
 After the completion of his work at White House, he re- 
 turned to Albau}^ on the 12th of June, 1862, the city papers 
 announcing his arrival ; the "Albany Evening Journal " adding 
 "• that he was anxious to return to the hospitals, but urgent 
 calls at home might prevent his return." How little even 
 his journalistic friends had divined the nature of this noble 
 man, was apparent when they thought that there was any 
 business of so important a nature that he could consider it 
 of more importance than the demands of his country and its 
 brave defenders, as was shown in an announcement in the same 
 journal only two day's afterwards. 
 
 Again he was commissioned by Gov. Morgan, not as an 
 auxiliary surgeon, as befor6, but as medical superintendent of 
 the wounded New- York troops ; and on the 14th of June, two 
 days after announcing his arrival, the " Journal " said, — 
 
 "Dr. Swinburne left this city last evening for Yorktown, 
 to assist m attending upon the sick and wounded soldiers. 
 The doctor came home much displeased at the manner in 
 which our disabled soldiers were treated, and, obtaining letters 
 here to the heads of departments such as he desired, started 
 off immediately, hoping to remedy the existing evils. That 
 the doctor will succeed, is beyond a question ; and that he will 
 ultimately carry out his plans, there can be no doubt." 
 
 These letters referred to were the commission as medical 
 superintendent of the wounded New- York troops, and a 
 letter of recommendation and indorsement from Gov. Mor- 
 gan to Secretary of War Stanton. Equipped with these, 
 he started for Washington, where the secretary indorsed 
 the letter to United-States Surgeon-Gen. Hammond. That 
 official promptly entered into an agreement with Dr. Swin- 
 
TIIIC .SOLDI Kit's KKIKNI). 15 
 
 burne for " nuMlicaJ aiifl surgical services to be renderef] in 
 connection with the Army ot" the Potomac." 
 
 In the letter to the secretary of war, (iov. Morgan said, — 
 
 "No surgeon in the State enjoys a more deserved reputa- 
 tion than he; and, from liis urbanity and uniform courtesy, 
 1 am sure tliat no misiuiderstanding can occur between tlie 
 United-States authorities and himself." 
 
 On his arrival at Fortress Monroe, he was requested by 
 the medical director to take charge of the hospital at New- 
 port News, — a proposition he declined on the ground that 
 lively times were soon to take place on the peninsula, as the 
 army drew nearer to the rebel capital, and that his desire was 
 to be as near the front and the heat of battle as possible, 
 where he would be able to effect the most good for the great- 
 est number of sick and wounded ; that the demands and 
 dangers were the incentives to make him the more anxious to 
 be with the advance, as there was where his services would 
 be in greatest demand. 
 
 Dr. Swinburne had scarcely entered upon his duties, when 
 he received a signal mark of distinction from the comman- 
 der-in-chief, Gen. McClellan, who ordered him to repair to 
 Savage Station, which was to be an important point in the 
 approaching conflicts, and to establish there a depot for the 
 wounded, giving him full powers for the carrying-on of his 
 department, and full command over all the forces in that sec- 
 tion so far as pertained to a surgeon in charge of the sick and 
 wounded. He also issued the following order : — 
 
 Headquarteks Army of the Potomac, 
 Camp Lincolx, Va., June 20, I8(i2, 
 
 Special Okder Xo. 186. 
 
 Thirteen men of the Second Army Corps, ten from the 
 Fourth Army Corps, and fourteen from the provisional army 
 corps, will be detailed by the corps commanders to report to 
 Acting Assistant Surgeon John Swinburne for duty at the 
 hospital at Savage Station. 
 
 On the requisition of Acting Assistant Surgeon John 
 Swinburne, in charge of the hospital at Savage station, the 
 subsistence department will issue such rations, and the quar- 
 
16 A TYPICAL AMERICAN. 
 
 terraaster's department will furnish such transportation, as 
 may be required for that hospital. 
 
 By command 
 
 ]\Iajor-Gen. McCLELLAN. 
 S. Williams, Assistant Adjutant-General. 
 
 In connection with the establishing of the hospital at this 
 point, one of the incidents illustrating his foresight was 
 shown. In company with Gen. McClellan and Medical 
 Director Tripler, he was at Savage Station, and said to the 
 general, "You must have a depot here for the wounded," — 
 " How do you know ? " asked, the general. " Well," said the 
 doctor, " you cannot go to Richmond without a battle here : 
 if you are victorious you will want a hospital here, and if 
 you are defeated you must leave your wounded behind." The 
 general answered, " You are not supposed to know any thing 
 about such matters." — "Perhaps not," said the doctor, "in 
 military parlance ; but I know, nevertheless." Soon after 
 this conversation, the general carried out the suggestion, and 
 issued the order. 
 
 At the time this order was given, it was believed the year 
 would be pregnant with the fate of the Republic, as the pre- 
 monitions were that events were approaching a decisive ter- 
 mination. McClellan's preparations around Yorktown, and 
 for the advance on Richmond, were about completed ; and the 
 imagination started back appalled, at the vision of slaugh- 
 tered heaps, and garments rolled in blood, that rose in the 
 future. The government, the officers in command on the 
 field, the army, and the people, believed that in the few com- 
 ing weeks the Army of the Poromac would pass through a 
 terrible ordeal of war, and that the entire peninsula from 
 Yorktown to Richmond would be a succession of desperate 
 struggles, carnage and death. Both armies were in excellent 
 condition, and anxious for the hoped-for final struggle, which 
 the whole North and the army believed was to end in the fall 
 of the rebel capital, the overthrow of treason, and the hasty 
 and permanent suppression of the Rebellion, — a consumma- 
 tion every royal heart prayed tlie God of battles would 
 hasten, and which every traitor in the North feared, but 
 hoped would not come about. 
 
TIIIO SOIiDIKR's FKIICNI). 17 
 
 No man in the army or in civil life realized more keenly 
 the terrible tide of fire throngh wliich all the actors in this 
 field were to pass, than did Dr. Swinbnrne, unless it may have 
 been the commanding general, George B. McClellan, himself. 
 That in no arm of the service was true patriotism, bravery, 
 and courage more requisite than in the medical and surgical 
 department, was well understood by the general. If the 
 army was victorious, the wounded must often be left with 
 the surgeons in the rear, subject to be harassed and besieged 
 by enemies and adventurers. If it met with defeat, they 
 would, in all probability, fall into the hands of the enemy. 
 As near to the front and the field of battle as possible, the 
 surgeon was wanted. In selecting for the supervision of this 
 important duty on that anticipated and inevitable field of 
 slaughter, the general had reason to place in Dr. John Swin- 
 burne the utmost confidence as to his patriotism, bravery, 
 and skill. The doctor knew the dangers and duties of the 
 position ; but he was there from his love of country and 
 humanity, and like many of his comrades, while realizing the 
 dangers, never thought of shirking dut}^ but determined 
 to offer his life as a sacrifice, if it were requisite. Events 
 that followed proved his devotion and bravery, when to be 
 brave was to ignore self for others, and demonstrated the 
 wisdom of the general in his selection. 
 
 From the evacuation, b}' the rebels, of Yorktown on 'Slav 3, 
 to the retreat of the Union forces from Savage Station on 
 June 29, the army bad passed through a baptism of blood, 
 brilliant victories, and shattered hopes. During so brief a 
 period the annals of history show no record of greater achieve- 
 ments and personal acts of heroism than were there per- 
 formed by our brave fellows, and none greater in self-denial 
 and fearlessness of danger than that exhibited by the noble 
 surgeon whose profession, and part in the conflict, was not to 
 destro}" life or limb, and make widows, but to save the one, 
 and prevent the other. The order was, " On to Richmond," 
 and, as the Union chain was being drawn closer and closer 
 around the Kebel capital, the times became more trvincr. 
 Flushed with victorv at Yorktown, and the rout of the 
 
18 A TYPICAL AMERICAN. 
 
 enemy at ILmover Court-House, our gallant army swept on- 
 ward. These were as a prelude to one of the most despei'ate 
 battles so far fought on the peninsula, that of Fair Oaks, 
 when the Rebel arm}', led by Hill and Longstreet, dashed 
 down on our lines, determined, apparently, to annihilate our 
 whole army. The mantle of darkness fell that Saturday 
 night, as a funeral shroud, on a ghastly spectacle of the slain, 
 who lay in heaps ; and, as a requiem over these dead, the 
 breezes were laden with the moans of wounded on their gory 
 bed, presenting a scene of which those wlio were not there, 
 or remained in the quietude where war did not rage, can 
 never dream, much less realize. Tlie following Sunday, 
 June 1, presented a spectacle over which angels might weep, 
 when over ten thousand men lay, by the cruel fates of war, 
 among the dead and wounded, but over which the heart of 
 the army bounded with joy, as these sad tokens were the 
 proofs of a terrible conflict, and a gioiious victory for our 
 forces. There was no rest for the doctor that Sunday. 
 
 The New-York troops who were in the brigades of Heint- 
 zelman, Kearney, Sickles, Meagher, Meade, Hooker, Sumner, 
 Franklin, and P'rench, through these days of fire on the 
 Chickahominy up to the seven-days' fight and battle of Sav- 
 age Station, — where Dr. Swinburne, in the heroic discharge of 
 his duty, became a voluntary prisoner of war rather than de- 
 sert the wounded patriots in liis charge, — will never forget 
 their comrades, or withhold from them the honor and praise 
 they have earned. 
 
 They owe to posterity and to the memory of the brave dead, 
 that they should not take council from the "Albany Argus," 
 — a journal which, at the very time they were sleeping in the 
 swamps and miasma aronnd Richmond, declared the "war a 
 failme," — and disband their Grand Army posts, but ever 
 keep alive, and kindle anew, the memories of the heroism of 
 the days of the '60's ; and, in bearing their scars as a proud 
 heritage to their offs})ring, many of them will remember the 
 surgeon who volunteered first his services, and then his lib- 
 erty, and at the time possibly his life, for the benefit of the 
 sick, wounded, and dying boys in blue. 
 
TIIK Hf)IJ)IICi:'s I'lMKNI). 19 
 
 Testiinoniiils of iip[)rociat.i()ii of liis services in military life 
 were sliowin-ed on liiin not only l)y the press of the city of 
 Albany, which took a iiatiii'ai loeal j)ri(l(! in his eminent ser- 
 vices, but by the jjress of the country, the officials at the 
 head of the National Government, and from those high in 
 authority in the State Government. 
 
 Soon after his arrival at Savage Station, he received the 
 following official letter from headquarters in the State of 
 New York: — 
 
 State of New YoRif, Suroeon-Geneua-l's Office, 
 Alijany, June 2o, 1802, 
 
 Dear Doctor, — Your letters from Washington and Sav- 
 age Station were both duly received, and read to the governor. 
 He is very much gratified with the success you have met, and 
 feels assured great good will result from your mission. I 
 really wish you God speed and success. I assure you, your 
 great labors are appreciated by your friends, and we all feel 
 you are in a field where the greatest good will be accom- 
 plislied. 
 
 Truly yours, 
 
 S. OAKLEY VANDERPOEL, 
 John Savinburne. Surgeon-General. 
 
 This, coming from the head of the medical department in 
 the State of New York, was a grateful tribute, well earned, 
 and but faintly reflected the feelings of the hearts of the 
 people who knew the recipient. It was, however, but a snow- 
 flake in the shower of compliments bestowed on him by press 
 correspondents, historians, medical men, and others, who were 
 eye-witnesses of his devotion and bravery before and after 
 he was taken prisoner. 
 
 A correspondent of the " New- York Tribune," writing from 
 Mechanicsville under date of June 23, said, — 
 
 " Dr. John Swinburne of Albany has recently been ap- 
 pointed acting assistant surgeon-general, and has been as- 
 signed to take charge of the hospital for wounded soldiers at 
 Savage Station. Since j'esterda}^ he has caused to be put 
 up tents to accommodate six hundred patients. Everything 
 necessary for the wounded has been provided. During the 
 week, additional accommodations for over two thousand men 
 
20 A TYPICAL AMERICAN. 
 
 will be provided ; so that the wounded will not be compelled 
 to be out under the scorching sun by day, and the cold and 
 heav}^ dew by night, as was the case at the recent battle of 
 Seven Pines or Fair Oaks." 
 
 The Rev. James J. Marks, a volunteer chaplain to a Penn- 
 sylvania regiment, who, true to his mission, remained with 
 Dr. Swinburne at Savage Station, caring for the sick and 
 wounded, and was taken prisoner, said in the preface to his 
 work entitled "The Peninsular Campaign, or Incidents and. 
 Scenes on the Battle-Fields and in Richmond," — 
 
 " This work is given to the public with many misgivings ; 
 for it has been prepared by camp-fires, in the midst of hospi- 
 tal labors, and on marches on the Rappahannock, in the 
 mountains of Virginia, and under the pressure of exhausting 
 hospital duties. In the haste of such compilation, I may 
 have made criticisms too sweeping and seemingly too severe, 
 as is intimated by my excellent friend. Dr. Swinburne; but 
 let it be remembered that no man's vices in the army are 
 pushed into such an odious and unendurable prominence as 
 those of a self-indulgent, intemperate, and heartless surgeon. 
 No one endures more and perils more than the faithful 
 surgeon." 
 
 In giving an account of the scenes of the seven-days' 
 battles, or the second battle of Fair Oaks, which commenced 
 on the 25th of June by the advance of Gen. Heintzelman's 
 brigade, he says, — 
 
 "The picture of the friendly interchange of papers and 
 tobacco between the men of the two armies was changed 
 to one of hatred, blood, and carnage. The opening of the 
 slaughter was made by tlie advance of Gen. Hooker; the 
 attacking column consisting of Grover's, Sickle's, and Robin- 
 son's brigades, with Gen. Kearney protecting the left, and 
 Col. Hicks, with the Nineteenth Massachusetts, on the right. 
 Slowly and steadily the brigades advanced, the occasional 
 shots of the advancing skirmishers changing to an incessant 
 fusilade of infantry and the booming of cannon ; and shortly 
 after, the clouds hung heavy with smoke, and streams of fire, 
 and the whole line was engaged in the struggle of war." 
 
 In speaking of a number of surgeons who at the battle of 
 Fair Oaks had distinguished themselves by surgical opera- 
 
Tiiio soldikii'h FiiiF':Nr). 21 
 
 tions, among wlioin wore Drs. Page and Hull of lioston, 
 Bliss of Michigan, and Swinburne of Albany, Dr. Marks 
 said, — 
 
 "The latter gentleman had been sent to the army by Gov. 
 Morgan of New York to minister relief to the wounded sol- 
 diers of that State, and to give thein the benefit of his emi- 
 nent surgical abilities. To a most unflin(;liiiig hand he added 
 the gentlest heart, always sparing when there was the least 
 hope for a shattered liml), and by a thousand acts of kindness 
 endearing himself to a multitude of sufferers." 
 
 All correspondents at the front agree in their testimony 
 that this volunteer surgeon from New York, who was there 
 without any pecuniary compensation, and who has never soli- 
 cited or received one dollar for his eminent services, was not 
 satisfied with the simple dressing of wounds, but, over the 
 unfortunate sick and disabled, exercised a mother's watchful- 
 ness and care, always aiming to secure for them all the com- 
 forts of life it was possible to secure. Unlike too many of 
 the paid and heartless surgeons, he did not wait for the arri- 
 val of the unfortunate to provide them shelter, but labored 
 for these before they were in demand ; and, as a result, the 
 wounded were unusually fortunate who came to his depart- 
 ment. 
 
CHAPTER III. 
 
 A PRISONER OF WAR. 
 
 Retreat of tlie Army from Savage Station. — A Shocking Scene. - In tlie 
 Hands of tlie Rebels a Volunteer Prisoner. — Eating from the Operating- 
 Table. — The Surgeon and the Picket. — Loyal to the Core. — Return Home, 
 and Cordial Reeei)tion. — Honored by the Enemy. — An Heroic and Daring 
 Act. — A Ludicrous Sight. — Notices of the Press. 
 
 The " American Medical Times," in an article during the 
 war, said, — 
 
 " To be in the medical service of the army is now a 
 patriot's privilege, and we predict that it will soon become a 
 higher honor than ever before to be a member of the medical 
 staff of the American army." 
 
 A war correspondent of the "New- York World," in writ- 
 ing from the front, in referring to the provisions of a bill to 
 abolish the office of brigade surgeons, said, — 
 
 " It miglit seem a matter of regret that the surgical corps 
 of the army should be reduced instead of being re-enforced ; 
 and yet, on the other hand, it must be confessed, that, if bri- 
 gade surgeons generally are on a par with those in the majority 
 in the department of the South, the office may be abolished 
 with little diminution in the professional acquirements and 
 efficiency of the surgical corps. Some of them are unfit to 
 hold any position demanding either soundness of judgment 
 or rectitude of character." 
 
 The criticism of the " World's " coi-respondent would apply 
 with equal force to many of the surgeons in the department of 
 the peninsula where it was found necessary to discharge from 
 the service more than one or a dozen surgeons for incompe- 
 tency, and want of character, still leaving a large number who 
 would have made better butchers than surgeons. Of the 
 class to whom the "Medical Times" refers. Dr. Swinburne 
 belonged, although it is a question whether the service was 
 
A rUISf)NIOR OK WAll. 23 
 
 not more lioiiorcd hy his buiii;;' in it tliaii its lioiioring him. 
 No iiitiiiuitioii of iricornpeteric}'' or imriK>nility was ever 
 breathed against him ; and it is donbtf'ul whetlier any other 
 gentleman attaelied to the medical and snrgieal ef)rj)s ever 
 received such honorable mention as he did. 
 
 On Sunday, the 29th of June, the Army of tlie Potomac 
 retreated from Savage Station. It was found impossible to 
 take with it all the wounded, and consequently thousands of 
 these were to be left to fall into th(! hands of the enemy, to be 
 treated by them as only i)risoners in Rebeldom understood. 
 There were no military orders to compel Dr. Swinburne to 
 remain ; and it was purely a question whether he would at 
 the last moment look to liis own safet}', and do as others did, 
 — leave these men to their fate, — or acting on the impulses 
 of humanity, and love for the brave fellows, remain, and share 
 their unfortunate lot. The people of the loyal States, and the 
 army, had learned too truly to realize that to be taken prisoner 
 was equivalent to an almost certain slow, torturing death; yet 
 the doctor promptly responded to the impulses of his noble 
 nature, and decided to remain with those in the hospitals. 
 The announcement that this noble volunteer had risked his 
 all, and was a prisoner, was received with sorrow as a great 
 public loss. The press universally recited his many acts of 
 bravery, and printed eulogies on his humanity. 
 
 Of the place where he voluntarily elected to remain, the 
 "Richmond Examiner" gave this description: — 
 
 "The battle-field, surveyed through the cold rain of 
 Wednesday morning, presented a scene too shocking to be 
 dwelt on without anguish. The woods and the fields on the 
 western side were covered with our dead in all the degrees 
 of violent mutilation ; while, in the woods on the west of the 
 field, lay in about equal numbers the blue uniforms of the 
 eneni}'." 
 
 It was a busy time for the surgeons, such as remained, for 
 some time ; and one correspondent wrote that the brave Dr. 
 Swinburne was untiring in his work, making in one day 
 twenty-six exsections of the shoulder and elbow-joints, a 
 number of amputations, and extracting a double handful of 
 
24 A TYPICAL AMERICAN. 
 
 bullets. • He had a bain and two sheds assigned him, and 
 never left the operating-room while the wounded were being 
 brought in. During the lulls, he ate his hard-bread and hom- 
 iny, and drank his coffee, from off the operating-taV)le. 
 
 In a letter to Gov. Morgan from the medical director of 
 the army, officially announcing the capture of Dr. Swinburne, 
 the director said, — 
 
 "Dr. Swinburne was left with the wounded at Savage 
 Station. The courage and devotion exhibited b}' Dr. Swin- 
 burne will secure to him the deepest gratitude of those of 
 the sick and wounded under liis charge, and the unqualified 
 esteem of the public at large." 
 
 The fortitude, heroism, and self-sacrificing spirit of Dr. 
 Swinburne and some of his associates have been described by 
 a writer, and incorporated in the " History of the Struggles 
 at, and Retreat from. Savage Station." He says, — 
 
 " By order of Gen. McClellan, Dr. Swinburne had been 
 placed in charge of this station. And, while the army was 
 near that point, there was an abundance of help to be had 
 from the surgeons of the army ; but, after the defeat of our 
 army at that point, most all the surgeons and nurses had been 
 oixlered to their regiments or to other points. As the army 
 was preparing to leave, and the rebels were preparing to cross 
 the Chickahominy, most of the wounded had been removed. 
 There were still one hundred and fifty of the most severely 
 wounded remaining at the hospitals. To every officer on the 
 ground it was well known that to remain there would place 
 them, in a few short hours, in the very centre of a field of 
 carnage, cut off from all means of escape ; and that becoming 
 prisoners of war, with all the honors and privations such a 
 fate was well sure to bring, was inevitable. Under these cir- 
 cumstances, a number availed themselves of the last opportu- 
 nity, and left with the army. 
 
 " On Sunday morning, June 29, every thing was ready, and 
 the march of the army in the direction of the James River 
 was commenced. Tlie enemy was then crossing the river. 
 On the bluffs overlooking the river was Meagher's Irish bri- 
 gade. The general saw the situation, and the fate that must 
 so soon overtake those in charge of the hospital, and sent 
 Col. Burke of the Sixty-thiid IS'ew-York to urge the remov- 
 al of all the inmates as speedily as possible, as the probabili- 
 ties were now almost certain that in a few moments the enemy 
 
A riiisoNKit r)K wAit. 25 
 
 would rush up and [)liuifc tlicii- hattorics in the fields, and tlie 
 lioiiso and barns would he sci/e<l in IIkj comin^f cordiict, alter- 
 nately by both sides, as plaees of rall\in;^ and (hdcnee. 
 
 "lie was told that they were without ambulances, that 
 every one had been ordered away, that there was not a wagon 
 or horses, and not more than six men well enough to help the 
 others away, and tliat for these to remove one hundre(l and 
 iil'ty sick was sim])ly im[)ossible, and the f)nly alt(irnative was 
 to remain and trust to (rod, as they had done before. 
 
 "The general and colonel both realized the desperate con- 
 dition, but could render no assistance. Ever}' man in the 
 brigade was needed at his post, and, if they could be spared, 
 the place to which they might carry the sick might prove to 
 be the spot of the severest carnage. 
 
 " At the earnest urging of (~!ol. Burke, a volunteer chaplain 
 from Pennsylvania rode to Gen. Heintzelman's headquaiters 
 to make known the state of affairs. The general listened to the 
 story of the devoted chaplain, and replied that nothing could 
 be done, that all the wounded at Savage Station would have 
 to be left behind, and that it was a matter of stern neces- 
 sity to leave the wounded in the hands of the enemy. The 
 chaplain then asked what the general deemed was his (the 
 chaplain's) duty under the circumstances, to which Gen. 
 Heintzelraan replied, — 
 
 " ' I cannot advise you. If you remain, you will become a 
 prisoner ; no man can tell what you will have to endure ; you 
 will lose all. You have no commands holding you here, and, 
 if you please to o'o with the army, no one ought to blame 
 you.'" 
 
 To leave the sick and wounded under such circumstances, 
 as some did, would have been dishonorable; but Dr. Swin- 
 burne, the chaplain, and a few others, remained, and resolved 
 to die, rather than cruelly desert the men who now, more 
 than ever, demanded their care. That evening the conflict 
 began, the shot and shell falling among the sick and wounded ; 
 and at night the}^ were prisoners of war. These voluntary 
 prisoners, prompted b}" love of country, and sympath}' for 
 the sick, elected capture and all its hardships by a cruel and 
 heartless foe, rather than freedom and all its comforts. What 
 they feared in the event of capture was fully realized. They 
 were subjected to privations and hardships under which many 
 succumbed and died ; while others were so shaken and shat- 
 
26 ^ A TYPICAL AMERICAN. 
 
 tered physically, that soon after, "beneath the starry flag 
 where they breathed the air of freedom in tlieir own beloved 
 land," tliey were nnmbered among the army in eternity. 
 And it is safe to say that no man who fell into the enemy's 
 hands as a prisoner of war ever recovered his former vigor 
 and wonted health again. The nation owes a debt of grati- 
 tude to these men for their heroism and devotion, and the 
 expenditure of their individual means to make the sick and 
 wounded comfortable in captivity, which no pecuniary com- 
 pensation can extirpate. 
 
 The surgeon too often, like the picket, has been passed 
 over with a simple announcement, " He was shot on picket," 
 or, "Our pickets were driven in," or, "The enemy's pickets 
 were put to flight ; " and occasionally the poet told us in song 
 that "the picket is off duty forever." Of the surgeon we were 
 told, "He was killed by a bursting shell," or, "He fell in the 
 discharge of his duty." Yet these are positions eminently 
 demanding, in their discharge of duty, courage, caution, 
 patience, vigilance, and often a nerve of iron. If the pickets 
 were timid, cowardly, negligent, or faithless, the thousands 
 and tens of thousands depending on them were in danger. 
 The success and safety of the army always depended on the 
 pickets' faithfulness, and through them some of its most 
 brilliant victories were won. Equal responsibility in the 
 prompt care of the sick and wounded depended on the 
 presence, honesty, and skill of the surgeon. Of the latter 
 class was Dr. John Swinburne, whose never flinching from 
 the discharge of duty in any of the walks of life, has won 
 for him the gratitude of the soldiers, the people, and of the 
 State ; all of whom have repeatedly honored him, the lat- 
 ter through its officials of both parties in elevating him to 
 positions of official trust, and the former in repeatedly elect- 
 ing him to some of the highest positions in government within 
 their power to bestow. In every instance he has proven wor- 
 thy the preferment bestowed; and he still grows warmer in 
 the hearts of the people, whose appreciation will manifest 
 itself still further while he is living, and will cause his name 
 to be held in grateful and honored memory long after he has 
 ceased to take an active part in the duties of life. 
 
A PRISON KK OK WAR. 27 
 
 From anioni; the Imiulreds of notices of his life in the 
 army, ]:)ul)lish(Ml in th(! i);ij)ers of this Slate, we colhite a few 
 iVom th(! joiii'iials oi" both j)artics wlio iinilc*! in paying trib- 
 ute to tiiis eminent gentleman. 
 
 The l^'orlress-Monroe eoi'respoinlcnt of the " New- York 
 Times " gives this account of ihe cliaracUjristic; fearlessness, 
 and devotion to his noble calling, on the oc(;asion of the 
 advance of the icjbels on Savage Station : — 
 
 "I am glad to say that all those who wei'e at Savage 
 Station on Friday, June 27, were safely removed, except ofie 
 hundred and fifty. Three thousand were safely transferied 
 on board five steamers at White House, and conveyed to 
 Fortress Monroe. Drs. Rogers of New York, Swinburne of 
 Albany, Charles R. Greenleaf and J. Allen of New York, 
 were the parties who conveyed them to the White House, 
 Dr. Allen proceeding with them to P\)rtress JNIonroe- Dr. 
 Swinburne was taken prisoner at Savage Station, and all 
 concur in testimon}^ of his great braver}' and lo3'al devotion. 
 The published statements that the rebels fired upon the 
 hospitals are quite true. Dr. Allen assured me that they con- 
 tinued shelling the building, full of the wounded and dying 
 men, until Dr. Swinburne boldly sallied forth with a flag of 
 truce, when they desisted." 
 
 The correspondent of the " New- York World," writing 
 from Savage Station under date June 28, said, — 
 
 " Every available spot of tent-room, or shaded greensward, 
 or outbuilding, is crowded thick with the wounded from 
 yesterday's conflict. Besides, the train loaded this morning 
 is still filled with the men, most of whom can walk, and 
 who long to reach some spot where they can receive care." 
 
 On the 29th he wrote, — 
 
 "I find myself suddenly almost alone, — no companions 
 save the sick and wounded, and the faithful suigeons (under 
 Dr. Swinburne) in attendance upon them. All the wounded 
 who could walk have been started down the road towards 
 the river. I learn that all the ambulances and wiigons that 
 can be used for the purpose have been filled with the severe- 
 ly wounded, and started toAvard the river. The balance, 
 nearly eight hundred, have been provided with tents and hos- 
 pital stores, and are to be kept here for the present, in caie 
 of the surgeons, who have volunteered to stay and minister 
 to their wants, and trust to the clemency of the enemy." 
 
28 A TYPICAL AMERICAN. 
 
 In a correspondence published in the " World " on July 5, 
 the writer said, — 
 
 " This is not the time to pay tribute to the living heroes. 
 Hereafter I shall name them, and do them full justice. Dr. 
 Swinburne had the general supervision of the hospitals 
 necessarily abandoned by Gen. Porter. As many of the 
 wounded as could, retired with the army; but large numbers 
 remained, and Dr. Swinburne with others remained with 
 them. The country and the world will honor them for their 
 heroic self-devotion." 
 
 The war correspondent of the "New-York Herald" on 
 July 1 paid this compliment to Dr. Swinburne: — 
 
 " The best possible care is being taken of our gallant 
 wounded. Commanding generals occupying the dwellings 
 on the field in the earlier part of the day as headquarters, 
 have all yielded tliem to be used as temporary hospitals. 
 For hours, as fast as ambulances can convey them, they have 
 been taken to Savage Station, where accommodations for 
 their care exist on a scale of magnitude somewhat propor- 
 tionate to the necessities of an army of our size. I am told 
 that already over four hundred have been taken to the latter 
 place. A large and efficient corps of surgeons has been 
 detailed to give prompt and proper attention to them, the 
 whole under charge of Dr. Swinburne." 
 
 Under date of July 7, the correspondent of the " Herald " 
 said, — 
 
 " By Sunday, however, the general movement of the army 
 towards the James River was so far advanced that it became 
 necessary to abandon Savage Station. Heintzelman's whole 
 corps fell slowly back from Savage Station towards the 
 White-Oak Swamps. There being no means of transporting 
 them, twenty-five hundred sick and wounded soldiers were 
 left behind at Savage Station, in charge of Dr. Swinburne of 
 Albany." 
 
 The correspondent also details the firing on the hospital, 
 when Dr. Swinburne exposed himself to the fire by advan- 
 cing with a flag of truce, and having the cruelty stopped. 
 
 The "Herald" editorially, on July 10, said, — 
 
 "The recent retreat of our army from the Chickahominy 
 to the banks of the James River, conducted as it was with 
 
. A PRISON KIl OF WAIl. 29 
 
 orrlor and steiuliiicKK, was yet marked with one dei)l()raljle 
 feature : we were eonipelled to leave heliiiid, and at the mer- 
 cy of an inruriiiled enemy, a lar<;e nn!nl)er oC our wounded. 
 This fact is attrihutcMl entirely to tin; known incHiciency of 
 our aml)ulan(!e .system. In the French and Prussian armies 
 an occurrence ot this kind would be almost impossible, and, 
 at all events, could not fail to bring down the severest cen- 
 sure on the depai'tment responsible for it." 
 
 While the war correspondents were a unit in commending 
 the management, skill, and bravery of Dr. Swinburne, they 
 were all led into the same error as to the reasons why bO 
 many wounded were left behind. They saw there were a 
 great many, even thousands, but, in the excitement of the 
 hour, did not learn the real cause. And this unintentional 
 error on the part of the correspondents misled the editors at 
 home. Dr. Swinburne had provided amply for the transpor- 
 tation of all who were in condition to be removed, and they 
 were taken to a place of safety. There were numbers of 
 ambulances sent away without any wounded from the hos- 
 pitals at that point, simply laden with food ; and all who 
 were left were in such a condition, many of them in delir- 
 ium, that to have attempted a removal, even for a short dis- 
 tance, would have proven fatal. When the doctor realized 
 thtit the position was more than probable to fall into the 
 hands of the enemy, he began sending forward such as could 
 be removed, and, by his words of encouragement, induced 
 hundreds to walk away themselves, many of them wounded 
 in the upper extremities, some of them with wounds in the 
 head and bod3\ 
 
 On the 15th the " Herald " correspondent said, — 
 
 " Since the battle, most of the wounded have had a hard 
 time. Many have been obliged to la}' on the ground. Nearly 
 all the medicines were stolen by the rebels, and every bottle 
 of liquor taken away. Every case of surgical instruments 
 was taken. In addition to the depriving of these invaluable 
 accessions in taking care of the wounded, the only food fur- 
 nished was maggoty bacon and musty Hour. I was told 
 there were still about nine hundred wounded there, and that 
 Dr. Swinburne, who was in charge when the enemy came in 
 
30 A TYPICAL AMERICAN. 
 
 possession, had still the supervision, aided by a corps of sur- 
 geons." 
 
 Another correspondent of tlie " Herald," in describing tlie 
 arrival of the sick and wounded at Harrison's Landing on 
 July 28, most of them being brought from Savage Station, 
 where Dr. Swinburne still had full charge, said, — 
 
 "Among those with whom I had the longest conversation 
 was Dr. Churchill of the Fourteenth New- York, who stated, 
 that, while remaining behind to aid in taking care of the 
 wounded at Gaines's Mills, he was taken prisoner. He was 
 sent from there to Savage Station, where he was given, by 
 Dr. Swinburne, charge of about five hundred wounded. He 
 remained there three days, when he was sent to Richmond in 
 care of about six hundred sick. He said the sufferings of 
 our men at Savage Station from want of medicine, surgical 
 instruments, and shelter, and the privations and hardships 
 undergone b}"" the surgeons, have been too frequently de- 
 scribed to render a repetition necessary. They paid from 
 fourteen to sixteen dollars apiece for lambs to make soup for 
 the men, and some died of actual starvation, including two 
 surgeons, notwithstanding all the care bestowed." 
 
 The " New-York Tribune," in describing the battles of the 
 26th and 27th of June, 1862, said,— 
 
 "During the afternoon and night the ambulance trains 
 were engaged in bringing the wounded to Savage Station, 
 where extensive arrangements had been made for their care 
 by Dr. Swinburne. Tents and other arrangements had been 
 made for the accommodation of about six hundred persons, 
 and long before daylight (28th) it was necessary to lay the 
 poor uncomplaining soldiers on hay in the open air. They 
 received the kindest and most prompt care from Dr. Swin- 
 burne, who asked seventy-five hospital tents and received 
 sixteen, but, with the 'flies,' made thirty-two of them." 
 
 These few out of the many notices of Dr. Swinburne's 
 work at the front, from two representative journals of each 
 of the two political parties, published at the metropolis, speak 
 loudly of the faithfulness of the volunteer surgeon, and will 
 command the esteem of all. The adage that " a prophet is 
 not without praise save in his own country," did not apply to 
 the eminent physician in the days when he was at the front, 
 
A IMirSONICK, OK WAR. HI 
 
 any more than it does now. 'I'lic press of hoLli piuLics in the 
 capital cily, iIk^ lioiuo of tln^ doctor, w(;r(; ajji'ocd in coiu- 
 mendiiiu^ liis ability and j)atriofisiii, and, on his release from 
 prison, f^hidly made the announcement as one of fjieat joy, 
 and united in giving liim a hearty and cheerful greeting on 
 his return. 
 
 The " Albany Times" of July 28, 18G2, has this excellent 
 tribute to Dr. Swinburne: — 
 
 " The following extract from a private letter to one of the 
 editors of this paper, and the accompanying statement of a 
 released chaphiin, will be read with interest by Dr. Svvin- 
 bvn-ne's numerous friends, and by our citizens generally, who 
 remember that he became a voluntary captive rather than 
 abandon his sick and wounded, and wlio are therefore inter- 
 ested in his fate. It is the first autlientic tidings received 
 from him since his captivity. 
 
 Patmaster-Generai/s Office, 
 Wasuinoton, July, 24. 
 
 I returned this morninc: from Harrison's Landing- on tlie James River, 
 having finished paying Gen. Gorman's brigade for >\Iarch and April. 
 On my passage down tiie James River yesterday morning, I met on board 
 the boat Cliaplain James INIarks of the Sixty-third Pennsylvania Regi- 
 ment, who was with Dr. Swinburne at Savage Station, and was taken 
 prisoner, but since released. I obtained the following particulars in 
 regard to Ur. Swinburne from him: — 
 
 " Chaplain James ]\Iarks of the Sixty-third Pennsylvania Regiment re- 
 mained at Savage Station with Dr. Swinburne. There were fifteen hun- 
 dred wounded and sick there from the battles of Thursday, B'riday, and 
 Saturday, June 26, 27, and 28. On Sunday night, the 29th, the enemy 
 surrounded the place; but Sumner's division drove them back, and they 
 retired towards James River. On IMonday morning, about seven o'clock, 
 the rebels came in and took prisoners all of the wounded and sick, and al.-^o 
 all our surgeons and nurses, leaving Dr. Swinburne in full charge, as be- 
 fore. About twenty surgeons, of whom four or five were sick, remained 
 to assist Dr. Swinburne in taking care of the wounded and sick During 
 this day, and on Tuesday, five hundred more wounded were brought in. 
 Dr. Swinburne's labors at this time were constant, presiding over all 
 departments, directing all amputations, and securing the confidence and 
 esteem of all the surgeons and tlie officers. After the battle of Tuesday 
 evening on Malvern Hill, information was brought to Dr. Swinburne that 
 his presence was immediately demanded in various hospitals on the battle- 
 field. The doctor immediately' left, and, after going through various 
 
32 A TYPICAL AMERICAN. 
 
 divisions of the rebel army, found his way to the hospitals on Nelson's 
 Farm, the scene of the battle on Monday evening, and assisted in all of 
 the amputations. Thence he found his way to the battle-field on Malvern 
 Hill, and assisted and gave counsel to the surgeons. lie then returned 
 to Savage Station, and told his story to Chaplain Marks, who assisted him, 
 obtaining such supplies as were needed, which were sent in rebel ambu- 
 lances to the hosi^itals. Dr. Swinburne directed the return of the chap- 
 lain several times, passed through the lines and divisions of the rebel army 
 ■without molestation, and visited the hospitals beyond the White-Oak 
 Swamps, carrying food and medicines. He remained in full charge at 
 Savage Station as late as the 13th iust. Chaplain Marks was sent by 
 Ur. Swinburne, in charge of seven hundred wounded men, to Richmond, 
 on Sunday, the 13th inst. Subsequent to this, he did not see the doctor, 
 but heard of his continued health, activity, and benevolence He speaks 
 in the highest terms of Dr. Swinburne's talents, and skill as a surgeon. 
 His ear was ever open to the complaint of the poorest soldier, and he was 
 untiring in his exertions to promote the welfare of the sick and wounded. 
 Among the rebels, he was looked ui^on as one of the noblest and best of . 
 
 men." 
 
 R. H. KING, JuN. 
 
 Ou the 28th of July the " Times " said that the conduct of 
 Dr. Swinburne was the theme of universal praise, and on the 
 30th said, — 
 
 " Our citizens will be pleased to learn that by a telegram re- 
 ceived last evening by Dr. Vanderpoel, Dr. John Swinburne, 
 who was taken a prisoner at Savage Station while attending 
 to our sick and wounded, has arrived at Fortress Monroe, en 
 route for this cit}^ with Capt. McRoberts, Capt. Vanderlip, 
 and Lieut. Becker, all of the Ellsworth Brigade." 
 
 On the 2d of August the "Albany Evening Journal" an- 
 nounced his arrival in Albany in these words: — 
 
 " Dr. John Swinburne of this city, who has for several 
 weeks been discharging the responsible duties of medical 
 superintendent of New- York troops with so much devotion, 
 came home this morning. All will recollect that Dr. Swin- 
 burne was in charge of the hospital at Savage Station, nine 
 miles from Richmond, when that station was taken by the 
 Rebels, and that he voluntarily remained in charge. He, of 
 course, became a prisoner of war; but, under an arrangement 
 previously entered, physicians wei'C jiermitted to leave with- 
 out restraint, lie could therefore have returned to the 
 Union army; but he preferred to continue with our sick and 
 
A TRISONER OF WAR. 88 
 
 woiDuled, who, moro tlian ever, required liis siii)orvisinp care. 
 It is proper to add tliat tluiy are now all, or lUiai'Iy all, away. 
 We have spoken repeatedly of the humanity, skill, and brave- 
 ry evineed by Di'. Swinburne in the performance of the 
 service assif^ned him, — so honorable to his profession and 
 the man. His opportunities and experiences have been of 
 the nu)st varied character. He will be warmly welcomed 
 back by onr citizens." 
 
 A few days after his arrival home on sick leave, having 
 been greatly reduced physically l)ecause of his incessant 
 labors and the hardships endured while a prisoner of war, he 
 received the following official letter : — 
 
 State of Nkw York. Surgkox-Oeneuai/s Office, 
 Albany, Au-;. 5, 1862. 
 
 Sir, — I am requested by his Excellency Gov. Morgan to 
 express his high appreciation of the services rendered by you 
 while serving with the Army of the Potomac as medical 
 superintendent of the forces from this State, and acting as- 
 sistant surgeon of the United-States Army, and to return you 
 thanks for the same. 
 
 An expression thus officially made is not intended as in- 
 vidious to the noble corps of volunteer surgeons who so 
 promptly and faithfully gave their time, their energies, their 
 professional abilities, and in some instances their lives, to 
 ameliorate the sufferings of the wounded ; but that the posi- 
 tion in which yon were placed by the authorities of the 
 State, the peculiar circumstances which resulted therefrom, 
 and the manner in which you conducted yourself, both pro- 
 fessionally and as the representative, for the time, of your 
 government, call for, as it is most cheerfully bestowed, the 
 commendations and approval not only of the constituted 
 authorities, but of a whole communit}', who have watched 
 with vivid interest the responsibilities, privations, and labors 
 to which vou were subjected. 
 
 As the head of the State Medical Bureau, I cannot forego 
 the opportunity of thanking you for the bright example your 
 labors have furnished of conservative surgery upon the field 
 of battle. 
 
 Had you merely, in the performance of jouv labors, done all 
 which humanit}- demands, you would have merited the com- 
 pliment proffered, but to that you have added the exercise 
 of high professional skill. When in a hospital of two thou- 
 sand sick and wounded you amputated less than half a dozen 
 limbs, but strove, rather, to save by exsection, you illustrated 
 
34: A TYPICAL AMERICAN. 
 
 and carried out the views of the most intelligent of the pro- 
 fession. 
 
 Wishing you, in your safe return to your family and friends, 
 the enjoyment of a well-merited confidence, 
 
 J am, with respect, your obedient servant, 
 
 S. OAKLEY VANDERPOEL, 
 
 Surgeon- General. 
 
 JOHX SwiNBDRNE, M.D. 
 
 Within the rebel lines Dr. Swinburne maintained the 
 same deportment as within our lines, and treated the rebel 
 officials, in his intercourse with them, with the same polite- 
 ness as he did his own, refusing on all occasions to enter 
 into any discussion on political or other questions that might 
 engender any feeling that would work to the injury of those 
 under his care, and was at times austere in enforcing the same 
 course in those under him. On one occasion, in passing 
 through one of the hospitals, he overheard one of the nurses 
 discussing the situation with a rebel captain, the nurse ex- 
 pressing sentiments such as a loyal soldier ought never to 
 utter. The doctor stopped, and, turning to the nurse, said, 
 " You are not here as a diplomat, to discuss questions you 
 know nothing about ; neither are you a general with any 
 military kiiowledge ; and, as for your ability to talk politics, 
 you never had any. You are a nurse here, and to that busi- 
 ness you are to attend strictly, or I will send you to your 
 friends in Richmond, with whom you seem to sympathize." 
 
 Among the rebel authorities he won the utmost esteem, 
 and paid the same attention to their wounded as he did to 
 our own. He had many of tiie rebel sick to look after, 
 among them Col. Lamar of Georgia. Standing in front of 
 the hospital one day. Gens. Orr and Jameson, and a number 
 of other rebel officers, came up, and, saluting him, entered into 
 conversation, the discussion turning on the war and prob- 
 able results. After they were through, the doctor answered, 
 " Gentlemen, I am here to take care of the unfortunate, not 
 to discuss these questions. I came here because the North is 
 right, and you are wrong. I know your movement is wicked, 
 although many of you may be misled. You will have to 
 yield, and it is only a question of time. For your sake and 
 
A PRISONER OF WAR. 3o 
 
 ours, the North will never let yon succeed, if it should take 
 twenty years to conquer you. Now, I am a volunteer prisoner, 
 holding the order of Gen. Jackson to command of you safe 
 protection into our lines whenever I desire to go; and I have 
 but onere(picst to make of you, — as gentlemen, that you will 
 not introduce this subject again, and that you will use your 
 interests to have our wounded sent into our lines as rapidly 
 as they become fit to travel. My views cannot be changed, 
 and I do not think yours can be until you are thoroughly 
 flogged." From that time out, he had a warm friend in Gen. 
 Orr, who had learned to honor the brave man in what he 
 had only known before as a skilful surgeon. 
 
 This feeling of Gen. Orr was demonstrated afterwards, 
 when want and necessity were killing the disabled much 
 more rapidly than their wounds. In the hospital as a nurse 
 was a Rev. Mr. R., who had formerly lived in Richmond. 
 He insisted on going to that city, and placing the situation 
 before the authoiities, alleging he knew the people, and knew 
 he could induce them to alleviate matters. The doctor en- 
 deavored to dissuade him, assuring him they would surely 
 arrest and hang him as a spy. He, however, was obdurate, 
 and persisted in going. After his departure, Gen. Orr rode 
 up: the doctor detailed the circumstance to him, and asked 
 the general to ride into Richmond and save the poor , say- 
 ing he was only a harmless fanatic, and did not know enough 
 to be a spy. The general did so, and, on returning, assured 
 the doctor they had arrested the preacher, and were about to 
 hang him when he (the general) arrived ; that he told the 
 authorities the doctor's story, and the fellow's life was saved. 
 
 Before the capture of Savage Station, and when the hos- 
 pitals were being shelled, the doctor sallied out with a Hag 
 of truce. For this he was summoned before Gen. Sumner, 
 who denounced the act as in violation of military discipline, 
 and said that the surgeon had no right to presume to go 
 out with the flag without first receiving orders to do so, add- 
 ing, "I shall have you cashiered." — "All right, general," 
 said the doctor, " you can have me cashiered now, if j'ou 
 want to. I don't know any thing about military law, but I 
 
36 A TYPICAL AMERICAN. 
 
 know enough to take care of my rights. You may kill me, just 
 what the rebels were going to do, and that is all there is 
 about it. I was looking out for my rights, as you will pretty 
 soon for yours." He was not cashiered. 
 
 There was not a military officer around Savage Station 
 who was not always ready to afford the doctor all the pro- 
 tection and assistance within his power; and when he 
 applied to Gen. Stonewall Jackson for a pass to visit the 
 various hospitals in the vicinity where our men were con- 
 fined, the general, in granting him the pass to go wherever he 
 pleased, in a very complimentary note referred to the doctor's 
 skill and humanity, and informed him that he was not to be 
 considered a prisoner of war, and that the pass would carry 
 him safely through the lines, and into his own, whenever he 
 desired to go. 
 
 The doctor himself, in reporting from Savage Station to 
 our government, at a time when feeling was the most intense 
 and bitter, with reference to the treatment of the sick and 
 wounded under his care, said, — 
 
 "I feel assured that all the deficiencies and difficulties 
 which we experienced were not the fault of Gen Lee, his 
 officers, or his medical staff, since all the generals and medical 
 officers with whom we were brought in contact weie unusu- 
 ally attentive to the necessities ot the wounded and sick. 
 But tliat there was a fault somewhere, there is no question ; 
 and that fault I attribute to the inhumanity of the authorities 
 at Richmond, which has been fatal to many of our wounded 
 soldiers." 
 
 His eminent skill and acknowledged ability made his 
 services sought in every hospital in that section. On the 
 morning of July 12, while passing Gen. McGruder's head- 
 quarters, he was handed a letter directed to the general from 
 Assistant Surgeon C.S.A., C. B. White, and dated Malvern 
 Hill, in which the writer said he had several cases which 
 needed capital operations. He added, " If Dr. Swinburne 
 can come (I hear he is in the vicinity), I would like it." 
 The doctor responded, and going to Malvern Hill, with Di-s. 
 White, Chamberlain, and Jewett, performed all the opera- 
 tions. 
 
A IMIISONICII OK WAU, 37 
 
 During his tei'm in R(3l)ol(l()m, tlic volnnteer surgeon's 
 career Was marked by many incidents of daring. On one 
 occasion his services were in demand at iMalvern Hill, whith- 
 er he repaired. On his arrival there, he found the men were 
 suffering for provisions. Without awaiting to send for these, 
 he commenced a foraging expedition, and in the upper por- 
 tion of a deserted house near by he found a hirge quantity 
 of beans. Without waiting for any orders, or asking per- 
 mission, he confiscated the " Yankee favorite berry ; " and 
 in four liours the six luindred men were all at work regal- 
 ing themselves on bean-soup. On the completion of his 
 work at this hospital, he started back for Savage Station 
 on foot about sundown, walking a distance of twelve miles 
 without a guide, passing through the rebel lines several 
 times without molestation, and arriving safely, — a feat to 
 others seemingly impossible, and demonstrating that some 
 unseen protector was alwa3's with the surgeon. 
 
 Perhaps the only laughable part of the doctor's military 
 career was during one of his trips back to Albany, when he 
 boarded the steamer at New York, penniless and ragged, to 
 beat his way to Albany. With an old slouched hat ; boots 
 out at the toes, and run over at the heels ; pants of the latest 
 cut (as the}^ were all cut to pieces) ; and an old blanket 
 thrown over his shoulders, — this was the ludicrous condi- 
 tion he was in when recognized by a member of a Broadway 
 firm as he lay stretched on the deck, and fast asleep. The 
 regular surgeon of the army had pay and stores to draw 
 from to prevent such a condition ; but the faithful volunteer 
 was without resources, and yet returned again to the front 
 to undergo the same hardships. 
 
CHAPTER IV. 
 
 FIGHTING FOR THE WOUNDED. 
 
 Bold "Words to the Rebels. — Defects in the Medical Department. — Contro- 
 versy with the Sanitary Coinmission. — Strange Anomaly. — Observations 
 on Surgery. — A Brave Colonel killed by Malpractice. — Red Tape in the 
 Army. — A Fearless Man. 
 
 The treatment our sick and wounded were receiving was 
 an all-ab.sorbing thought with this unselfish physician, and 
 incited liira to make every effort for their relief. Under this 
 feeling, he attacked the very highest in authority in the Con- 
 federacy, always using polite but plain Anglo-Saxon English, 
 that could not be misunderstood, and appealed to all the 
 better feelings of manhood. To the Confederate Gen. Winder 
 he wrote from Savage Station, July 24, 1862, — 
 
 '' Now, if you judge this the kind of food furnished your 
 sick and wounded prisoners North, or as in accordance with 
 the usages of war among civilized nations, you are mistaken. 
 I have had to buy fresh meat for soups, and bread to supply 
 the deficiency, since we have no means of cooking flour suit- 
 able to the sick. Now, I submit that flour and poor bacon 
 are entirely unfit for the sick and wounded, since many have 
 died from sheer exhaustion or starvation ; and many more 
 will die unless better fed. Many of those taken to Rich- 
 mond, and detained so long in the depot without proper 
 attention, have also died. Now, sir, all 1 ask is to have the 
 sick and wounded who have become the recipients of my 
 care receive tiie attention due them as prisoners of war, 
 agreeably to the usages of civilized people ; and that the 
 surgeons to whose care they are intrusted be treated, not as 
 felons, but in accoidanee with the precedents which have 
 been established, and which you publish in all your papers, 
 as the laws of the land. If we cannot be fed in accordance 
 with the common usiiges of war, — in other words, if you 
 have not the material Avith which to feed us, so as to keep us 
 from starvation, — I feel assured that your elevated sense of 
 
FIGHTING FOR THE WOUNDED. 39 
 
 hiimanity will assist us to ro/.u-\\ our own lines, wliore we 
 can l)(i ii,tt(!U(l(!(l to. I liav(! seen ami attcuidcd your sick aii<l 
 wounded at Now York, Pliilad(;l[)liia, Fortress Monroe, and 
 in this hospital, and have never seen' any distiuetion niarle 
 between thoni and our men. Now, with the insufficient 
 nourishment supplied us, our funds failing, what are we to 
 do? I leave the answer to your impulses of humanity, and 
 ask you, in the name of the common obligations due fr(un 
 man to man, that you interpose your dictum, and change the 
 status of our condition."' 
 
 And to S. (ruild, M.O., surgeon and medical director 
 department of Northern Virginia, he wrote, — 
 
 "Sir, — I regret exceedingly to again trouble you, but, 
 under the circumstances, I must call your attention to a fact 
 which I have before stated to you, that some of our sur- 
 geons are sick. One of ihem breathed his last yesterday 
 afternoon. Some otliers are still sick, and all are more or 
 less ujiwell. Lieut. Johnson, the commandant of this place, 
 is now very sick, as is also several of his men. Lieut. Lacey 
 Stewart has recovered, and has gone to Richmond to-day to 
 procure rations for the patients. I feel as if 1 could not 
 resist much longer the combined influences of this pus-gener- 
 ating place and the insufficiency of flour and bacon as food. 
 It is not, howevei', for myself that I am so anxious. I have 
 in my keeping many valuable lives, and I feel that every 
 exertion on my jtart is due to them, to the end that they 
 may be spared to their families. 
 
 '■'■ In view of these facts, I have purchased two sheep daily 
 from my own funds, and have converted them into soup for 
 the patients, hoping that it might contribute somewhat to 
 their physical force during this trying ordeal. I trust, there- 
 fore, you will continue to exert your benign influence in be- 
 half of suffering nature, so long as our necessities remain in 
 the present status, or until we can all be removed to our 
 own homes. I have to thank you for many kind attentions 
 which I can never repay, or which, at least, I never expect 
 to repay in the same way. So, also. Gen. Lee's attentions 
 have surprised me, since he is burdened with a thousand 
 cares incident to a life like his. I can only attril)ute it to 
 his sympathy with those in distress, whether friend or foe. 
 Now, sir, will it be possible for me, or some one of us, to go 
 with these sick surgeons, who aie delicate, and place them 
 on board our transports, and to superintend the removal of 
 sick and wounded ? I hope you will excuse this constant 
 
40 A TYPICAL AMERICAN. 
 
 interruption in affairs, since my whole heart is set on getting 
 proper food for the sick and wounded. For myself, it mat- 
 ters little, but please don't allow us to remain in Richmond 
 over night." 
 
 To all his communications to those in authority in the mil- 
 itary or medical departments of the Confederacy in the field, 
 he received the most courteous replies, in which, while those 
 addressed regretted their inability to grant the relief he 
 sought, they assured him of their symputh}^, and the exercise 
 of their influence in securing such relief from the govern- 
 ment at Richmond as was possible. 
 
 While in active service in the army at the front, Dr. Swin- 
 burne saw many glaring defects in the management of the 
 medical department which might be remedied, and thus tend 
 greatly to the comfort of the sick and wounded. In the in- 
 terest of the soldiers and humanity, he conceived many plans 
 that would add to the comfort of the sick, and tend to the 
 preservation of many valuable lives, — a subject in which his 
 thoughts seemed to be absolutely absorbed. On his arrival 
 home from prison, he placed these views, with a statement of 
 the facts as he found them, with his deductions from these 
 observations and the results to which his experience enabled 
 him to arrive, before the New- York Sl>ate Medical Society. 
 This body of scientific men, after fully discussing the matter, 
 and hearing his recommendations, gave them their hearty 
 indorsement, and appointed Drs. Swinburne and S. D. Wil- 
 lard a committee from that society, to confer with the gov- 
 ernor, and to secure, if possible, an appropriation to carry out 
 the design of obtaining more ample means for the relief of 
 the sick and wounded New-York troops. Gov. Seymour, who 
 then occupied the executive chair, feeling as he did a deep 
 interest in tlie troops at the front, and knowing the eminent 
 skill of the committee, gave them frequent and early hear- 
 ings ; and, as a result, a bill was draughted appropriating two 
 hundred thousand dollars to carry out the views suggested 
 bj the volunteer surgeon. 
 
 As soon as it became known among a certain element, who 
 professed to be especially working for the wounded soldier, 
 
fk; I iTiNG KOii 'i'in<: vvoundrd. 41 
 
 tliut such a bill had been drauj^^hted, and Uic objects for whicli 
 it was intended, there broke out a sJtrong opposition in the 
 ranks of a selfish volunteer organization, whose desire to 
 gain notoriety exceeded their love for the soldier. This spirit 
 of jealousy might have been expected, to a certain degree, 
 from the regular medical department of the army, because of 
 their training, and the assumption that in war every thing 
 connected witii the regular army was perfection, and, the 
 greatest of all, that whatever they did was right, and that in- 
 terference with their assumed superiority was to be regarded 
 as an innovation not to be tolerated. But it was not from 
 this source the opposition came, but rather from the execu- 
 tive committee of the United-States Sanitary Commission, — 
 a volunteer organization supposed to enjoy only the same 
 privileges accorded to other volunteer organizations, or socie- 
 ties of individuals, presumed to be working on the same 
 humanitarian impulses. 
 
 In their opposition, this executive committee pathetically 
 invoked the aid of the then surgeon-general of the State, 
 Dr. Quackenbush, to defeat the measure, alleging that " the 
 National Government is the national soldier's best friend," 
 and "that whatever has hitherto been effectually done to ben- 
 efit the cause of the sick and wounded soldier, has been done 
 hy increasing the force, irapi'oving the regulations, elevating 
 the rank, or selecting more efficient presiding officers of the 
 United-States Medical Department." 
 
 This executive committee of a society claiming to be com- 
 posed of volunteers who desired to help the government, and 
 benefit the wounded soldier, and who were still anxious to 
 obtain broader fields and an exclusive monopoly, made the 
 strange and irreconcilable assertion in opposition to the bill, 
 " that already the great beneficent general system of the gov- 
 ernment in its medical department has been constantly embar- 
 rassed by the well-meant efforts of benevolent associations, 
 either representing States or communities, who have insisted 
 in pursuing their humane work." They further advanced 
 the absurd proposition, " that the National Government is 
 making provision at this very moment to do for the New-York 
 
42 , A TYPICAL AMERICAN. 
 
 troops, and every other soldier, precisely what the bill pro- 
 posed, but could not do so if the bill were passed."' The 
 appeal to the surgeon-general, in closing, exposed the motives 
 underlying the opposition, — that of jealousy, lest the States, 
 in assuming to do their duty to their sick troops, might find 
 a more certain and efficient channel than through the sani- 
 tary commission. The3" stated that '' it [the commission] 
 collects money on the largest scale ever known to volunteer 
 benevolence, and gathers supplies in an equal scale of vast- 
 ness." 
 
 The reply of the committee, Drs. Swinburne and Willard, 
 was prompt, cutting, and to the point. It said, among other 
 things, — 
 
 " The State clings to her citizen soldiers in the army. Her 
 care for them is not lessened by their absence over the State 
 line, and it is right it should not be. If committees from the 
 cit}^ common councils and the village board of trustees visit 
 them, and give them courage and hope, and help and good 
 cheer; if the State sends committees to attend to their allot- 
 ments ; if the Legislature provides that they may vote ; and 
 if the State looks well to their pay, and secures it or advances 
 it early, — if all these acts of kindness and care are mani- 
 fested for the well soldier, how eminently proper and just, 
 nay, how much more it is demanded by every consideration 
 of humanity and good faith, that the thousands of feeble, 
 maimed, and dying should be cared for, or at least inquired 
 after, and their misfortunes alleviated in as kind and affec- 
 tionate a manner as possible ! And yet, when this latter 
 course is suggested by the benevolent and philanthropic of the 
 State, whose means of information as to the actual necessities 
 are unquestioned ; when a measure of relief is initiated, — the 
 executive committee of the sanitary commission, under whose 
 administration these neglects occur, as was admitted by their 
 own confessions in leaving every thing they had to be de- 
 stroyed, or fall into the hands of the enemy at Gettysburg, 
 proclaim that "voluntary associations. State societies, and 
 local committees have constantly embarrassed the medical 
 department of the government." 
 
 To this strange anomal}' of the sanitary commission, the 
 committee from the New- York Medical Society very pertly 
 replied, — 
 
KICflTINd FOR TIIK WOUNDKD. 48 
 
 " If tills he (rue, well iiiay the i)ef)i)le of this State siisj)eii(l 
 efforts, and hy so doing send comfort and joy to the soldiers, 
 the sanitary commission, and the medical department of the 
 Army." 
 
 To the cynical opposition of the commission, the committee 
 make this cutting satire: — 
 
 "After the seven-days' battles l)efore Richmond, not a 
 single agent of the sanitary commission remained to cure for 
 the sick and wounded, and not one of them was taken pris- 
 oner. Their hospital supplies, deserted by their agents, were 
 destroyed. The agents left at that time some live thousand 
 sick and wounded to be cared for by the charities of the 
 eneni}', who had nothing to supply their wants." 
 
 This was a stinging rebuke, coming from a man like Dr. 
 Swinburne, who had no honor to gain, and yet remained true 
 to his mission, and was himself, while at his post of duty, 
 taken a prisoner. There were no members of the sanitary 
 commission taken prisoners at Savage Station, but there were 
 several volunteers: among them, P'elix R. Brunot of Pitts- 
 burgh, Penn., since an Indian peace commissioner under Presi- 
 dent Grant, with twenty-foiir nurses fiom that city ; the Rev. 
 Mr. Marks of Pennsylvania ; the Rev. Mr. Reed of Washing- 
 ton, D.C. ; and a Mr. Howell of Chicago, and several surgeons. 
 Two of the latter, Drs. Milnor and Sutton, exhausted from 
 their labors among the sick and wounded at that station, 
 finally perished from starvation in the hands of the enemy. 
 
 The protest against the passage of the bill was made on 
 March 11, 1864 ; and on the 30th, Gov. Seymour, in a commu- 
 nication to the Senate, recommended that an ample api)ro- 
 priation be made by the State for its sick and wounded troops. 
 On April 24 the bill was unanimously passed by the Senate, 
 and sent to the Assembl}'^ on the same day, and there passed 
 without a dissenting voice, and before the sun went down 
 was signed by the governor. 
 
 During the controversy over the passage of this bill, 
 Surgeon-Gen. Hammond used his official position in an 
 attempt to frustrate the measure, and wrote to J. V. P. 
 Quackenbush, M.D., surgeon-general of New York, — 
 
44 A TYPICAL AMERICAN. 
 
 Suroeon-CJenkrai/s Office, 
 Wasuington, D.C, March 2, 1863. 
 
 Sir, — I have the honor to acknowledge the receipt of 
 your communieatifin of the 2r)th ult., enclosing the copy of a 
 bill proposed to be eiiacted by the Legislature of the State 
 of New York, and asking my views upon the same. 
 
 I have read the bill very carefully, and, whilst admitting 
 the correctness of tlie motive by which its framers have been 
 actuated, J am satisfied, from much experience, that its chief 
 effects will be to create trouble and confusion, to cause ill 
 feeling between the representatives of the United States and 
 the State, and to injure those whom it is intended to benefit. 
 I am satisfied that no military commander who has the good 
 of the troops at heart would allow any agent of any State 
 to interfere in the manner proposed in this bill. It would 
 be found in piactice wholly inoperative, and lead to the 
 results indicated above, without any corresponding advan- 
 tages being received. Doubtless there are deficiencies in the 
 medical administration of the army, as there are in all other 
 departments. Perfection is impossible of attainment ; but if 
 I, with all my efforts, with the assistance of medical inspect- 
 ors, medical directors, and over five thousand surgeons and 
 assistant surgeons, together with the support of command- 
 ing officers, and all branches of the Federal Government, 
 and the control of over ten millions (dollars, doubtless) 
 per annum, cannot reach it, I am certain the agents of the 
 State of New York will not be able to do better. I therefore 
 hope you will use your effoits to defeat this bill. 
 
 I am not alone in my opinion in regard to it ; as all to 
 whom I have mentioned it, including several officers of rank, 
 agree with me that its passage would be most unwise. 
 
 I hope you Avill excuse me for the freedom with which I 
 have written. 
 
 I am, sir, very respectfull}^ your obedient servant, 
 
 WILLIAM A. HAMMOND, 
 
 Surgeon-Oeneral. 
 
 J. V. P. QUACKENBUSII, 
 
 Surgeon- General of New YorTi^ Albanj', N.Y. 
 
 The criticism, severe as it was, on the conduct of those 
 who deserted the helpless brave in those trying days, had its 
 effect, and was justifiable in Dr. Swinburne, as he, having 
 remained and become a prisoner, had clearly won the right 
 to condemn the cowardice of those who, acting on the motto 
 
KI<;HTFNC) KOIi Till-; WOUNDED. 45 
 
 tliat " self-pvesorvMtion was thn first law of iialiirc,'" l(;rt the 
 twcslve hiindicMl brave nuMi at Sava<,'e Stiition. 
 
 Ill tlic, 'rraiisactioiis of the New-York State Medical Soci- 
 ety, siihinitted to tlie Le,L,Mshitiir(; in 1803, is a full report from 
 Dr. Swiiibiinie diiriii<^ his iinprisonrneiit, with the corninuni- 
 cations tliat passed between himself and the Confederate 
 authorities with reference to the exchange; of prisoners, and 
 his efforts for their comfort, as well as some severe strictures 
 on the management of the medical department of the army. 
 It also contains some able articles on resection of joints, 
 and conservative surgery, on amputation when necessary, and 
 the treatment of gunshot wounds. 
 
 His observations at the front confirmed the opinion, pre- 
 viously entertained, that there were by far too many amputa- 
 tions performed in the treiitinent of those wounded in battle ; 
 and that by the introduction of conservative surgery, if prac- 
 tised throughout the army, two gi'eat ends would be secured, 
 — the saving to the government of large amounts of money ; 
 and, what was of pre-eminently greater moment, the saving 
 to the wounded of their limbs, and thus preserving them as 
 their Maker would have them, and not having them crippled 
 for life. He believed, if one limb was saved to a man who 
 would live ten years, the government would be benefited to 
 the amount of -12,050 ; and that if one surgeon would save, 
 during a great battle, ten limbs from mutilation, he would save 
 to the government, on the basis of ten years as the media of 
 life after wounding, $20,500. While this was a pecuniary 
 consideration, he felt more keenl}-, from humanitarian princi- 
 ples, a stronger desire to see the principles of conservation 
 practised, feeling, that, if he could accomplish this, a great 
 blessing would be achieved, and that he had been instru- 
 mental in doing some good to his fellow-beings. In this his 
 ambition has been in a large degree gratified in seeing this 
 system very largel}' adopted, both in military and private 
 practice, although he was strongly opposed at the outset by 
 many leading surgeons who have since acquiesced in the 
 humane practice. 
 
 That he was eminently successful, has been demonstrated 
 
46 . A TYPICAL AMERICAN. 
 
 by the strongest arguments, — results. To show the wis- 
 dom of conservation, and the brutality or ignorance of the 
 old system, a few cases are cited from this State. Lieut. 
 Felix Angus of Duryea's Zouaves, while making a charge at 
 Gaines's Mills, was wounded in the right shoulder by a minie- 
 ball. Several surgeons insisted on an amputation ; but he 
 objected, saying he would rather die than lose his arm. Dr. 
 Swinburne performed an operation of excision rather than 
 amputation, and "four weeks later, I was in New York, 
 riding in Central Park, and enjoying life as well as ever," he 
 afterwards wrote to Dr. Swinburne. He also wrote to the 
 doctor, " I consider myself under a lasting debt of gratitude 
 to you for the benefit you have done me ; for you saved my 
 arm, if not my life. As it was, you remember you took out 
 my right-shoulder joint, and during the operation I felt no 
 pain whatever." He afterwards raised and commanded Com- 
 pany I, One Hundred and Sixty -fifth New-York (Duryea's 
 second) Regiment. Dr. Julius A. Skilton, who was present at 
 the operation, and afterwards dressed the shoulder at White- 
 Oak Swamps, in writing to Dr. Swinburne, said, " I am sure it 
 would have done you good to see the satisfaction with which 
 he expresses his giatitude for the preservation of his limb, 
 and the manner in which he handles his sword with it now." 
 Lieut. Henry A. Wynkoop of Rochester was so severely 
 wounded as to require the removal of the head and three 
 inches of the shaft of the humerus ; and still, at the end of 
 four weeks, he had so far recovered the use of the arm as 
 to be serviceable, and to give a tolerably warm shake of the 
 liand. Less than a year afterwards he wrote to Dr. Swin- 
 burne from Rochester, — 
 
 " I must thank you again for saving my arm ; and no money 
 could make me feel as happy as this disabled arm does, 
 thanks to your skill and kindness. The arm you operated 
 upon was my right arm, and this letter is written with the 
 same. After you left me at Fortress Monroe, my arm im- 
 proved rapidly, and in four weeks not only was entirely 
 healed up, but I was able to walk without in any way sup- 
 porting myself. The wound never opened after it once 
 healed up. I can use my hand as well as ever." 
 
FIOriTrNG FOR TIIK WOUNDKD. 47 
 
 The young gciitlciuiin is .still engaged in ii biinking-IiouKe 
 near Rochester, and continues to write letters of gratitude to 
 the sui-geon who saved his arm. 
 
 In a volume of reminiscences of tlie war, a jiaper by Dr. 
 Swinburne, dated July 23, 1863, in speaking of the losses of 
 life occurring, as they did, not alone by the ravages of grirn- 
 visaged war in their usual pliases, but in numerous instances 
 from the want of care, disease, pestilence, and almcjst famine 
 in ciunp and hospital, said : — 
 
 "I'his awful destruction of life outside ihe usual course of 
 war has been attributed by friends and supporters of the dif- 
 ferent parties in the country, and by the followers of different 
 officers, to as many different causes as there liave been par- 
 ties or officers interested or implicated in the matter. Many 
 of the alleged causes are truthful to a certain extent; but all 
 of them are overdrawn, and very many more are entirely un- 
 founded, disgraceful to those charging them, and only, arise 
 out of the evident desiie of their supporters to heap unwar- 
 ranted contumely upon the government, or the officers by 
 them arraigned; and tliat, too, with a design theieby to fur- 
 ther the still more evident and grossly ti'easonable intent 
 to hinder the government in the s^^eedy and successful pros- 
 ecution of the war, and thus give aid and comfort to the 
 enemy in such a covert manner as to shield the authors from 
 the penalty of open treason. 
 
 "Foremost among these assigned causes has lieen the al- 
 leged inefficiency in the conduct of the medical department 
 of the service duiing this campaign. It will be recollected 
 that the celebrated Dr. Tripler, an old arm}- surgeon, wlio.^e 
 most valuable works on military surgery have justl}' attained 
 a fame as world-wide as the subject itself, was medical di- 
 rector of the Army of the I'otomac at that time. It has been 
 charged, that, b}- reason of his neglect, the Arm}- of the Pe- 
 ninsula was left without many things which were absolutely 
 requisite for the proper administration of the medical depart- 
 ment of that army; and that thus the soldiers, worn out by 
 the fatigues of the march, weakened by exposure to severe 
 storms and the dangerous miasmas of the swamps, and 
 brought down to the hospitals by disease, were literally 
 allowed to die from want of these necessaries, when they 
 could have been promptly obtained at any time, it is said, 
 upon proper call. This charge, it has occurred to me, is 
 grossly unjust to one whose highest aim in life has been to 
 
48 A TYPICAL AMERICAN. 
 
 serve his country faithfully, and make himself a useful and 
 shining ornament to the glorious profession he has adopted, 
 and a lasting benefit to the human race. The office and 
 duties of a faithful surgeon, even in civil life, is no sinecure ; 
 and when a surgeon of noblest mind and purest purpose, 
 impelled by love of country, has chosen to abandon even the 
 emoluments to be derived from the practice of his profession 
 as a civilian, and is willing, for the paltry pittance allowed by 
 government, to assume the responsibilities, and devote his 
 utmost energies to the duties, of medical director of an army 
 so large as that over which Di-. Tripler had charge, it seems 
 to me that even the pardonable anxiety of the friends of those 
 dying under his charge is not excusable for a violation to- 
 wards him of the ordinary rules of charity which are, in the 
 Book of books, laid down for our conduct towards all men. 
 
 " In m}^ own experience in the peninsular campaign, I found 
 it at times difficult to obtain a sufficient supply of many mate- 
 rials which were absolutely necessary for the proper care and 
 cure of the sick and wounded, and, in fact, I was many times 
 utterly unable to obtain articles most needed ; and yet I have 
 had the most convincing proof that the medical director can- 
 not be justly held responsible for this. The fault, I am con- 
 vinced, lay nearer the government at Washington. To my 
 mind, the surgeon-general (superior officer to the medical 
 director) — having the means at hand at Washington for ascer- 
 taining, if he did not know, the jjroportions of war the cam- 
 paign was assuming; and knowing, as he must have known, 
 the size of the army, the dangers by which that arni}^ was 
 beset from the effects of the climate, the character of the 
 country, and the probabilities of battle — was in duty bound 
 to see that all necessary material was provided for the 
 medical depaitment of the service ; and it would be but a 
 sickly compliment (as it is an illj^-consoling excuse) for 
 that officer to say that perhaps he did not realize all the 
 necessities of the case. And yet the fact is patent that there 
 Avas, during the whole of the campaign, a lack of supplies for 
 the medical and hospital departments, which, without doubt, 
 was the cause of more deaths than occurred by the other and 
 more direct casualties of war. 
 
 " After the removal of Dr. Tripler as medical director, 
 the same lamentable state of affairs existed, and the same de- 
 fects in the medical service, to a greater or less extent : as in 
 the location of, and supplies for, the hospital at Windmill 
 Point, where days are said to have elapsed before necessary 
 food and medical bupplies were obtained, and where a great 
 
FIGHTING FOR TIIK WOUNDKD. 49 
 
 number of our men Hciiuilly died from lack of tliern ; the medi- 
 cal history of the battle of Antietain, at which it is char^^ed 
 by Dr. Ajj^iiew that at least five hiitidrcd men died from tlie 
 want of medical supplies; the battle of Chancellorsvilh;, where 
 thousands wei'e, it seems to me, needlessly left in the hands 
 of the enemy, when they might and should have been trans- 
 ferred to the other side of the river, and there received proper 
 cure and surgical attendance. It is said, tluit, after this bat- 
 tle, our brave wounded soldiers in many instances lay for 
 days without proper food (and in some cases without any), 
 and with no medical relief, many of them left to the tender 
 mercies of the enemy, a large number of them dying from 
 sheer neglect, and many others buried alive in fires occa- 
 sioned by the contending armies in shelling the woods, and 
 burning the Chancellor house." 
 
 As medical superintendent of the wounded New- York 
 troops, he was not only ever anxious and vigilant in caring 
 for them, but, wherever he saw bad management, was prompt 
 and fearless to call attention to it. 
 
 In a letter to his Excellency Gov. Morgan, dated Fal- 
 mouth, Va., Dec. 21, 1862, Dr. Swinburne again strikes some 
 pretty hard blows at the head of the medical department of 
 the army. He said, — 
 
 " It may seem presumptuous in me to offer any suggestions 
 to men of such eminent ability as are to be found directing 
 the medical department of our armies. I shall, however, 
 offer to 3'ou, as the executive of the Empire State, such sug- 
 gestions as shall seem to me appropriate and just in the pres- 
 ent emergency, and ^particularly as 3'ou have seen fit to honor 
 me as the accredited medical representative of the State of 
 New York, to look to the interests of our troops now in 
 the field. I should therefore prove recreant to my dut}' were 
 I not to make all the suggestions which I deem pertinent to 
 their welfare. 
 
 " In my judgment, there is something radically wrong in 
 the manner in which surgeons are selected to fill certain 
 positions. Merit or competency is in many instances en- 
 tirely ignored, and seniority takes its place. ... As it is 
 now, man}- of the more useful, intelligent, conservative, and 
 handy operative surgeons are acting in a purely executive 
 capacity, as superintendents of hospitals, directors of bri- 
 gades, corps, and divisions, instead' of which they should be 
 
50 A TYPICAL AMEKICAN. 
 
 employed in selecting and deciding upon the operations to be 
 performed, if any were requisite, and, if need be, to perform 
 the operations in a manner most likely to give the patients 
 the best chances of recovery. I know full well that there is 
 a prevalent idea that the army is a good school for surgery. 
 Now, while this is true in a certain sense, it is not so in 
 another." 
 
 As an instance of the misplacing of surgeons in the field, 
 the doctor wrote, — 
 
 "Take, for instance, our own Frank H. Hamilton, who 
 consented to leave an elegant home, lucrative practice, and 
 temporarily relinquished his position as teacher of surgery in 
 Bellevue Hospital, to go out with a regiment of volunteers. 
 What was the result ? He was soon misplaced by being 
 made a medical director of a corps ; and that, too, where he 
 was mainly useful as an executive officer, and where his pe- 
 culiar talents could not be made available at the time of a 
 great battle, when his genius would have relieved and saved 
 many valuable lives. 1 mention this simply as one among the 
 many instances in which talent is being constantly misplaced 
 in this grand army, where there are thousands of the best 
 men in the country, who command and obtain at home the 
 best medical talent. Now, if these officers and men are will- 
 ing to offer their bodies as a sacrifice to assist in saving our 
 country from villanous treachery and rebellion^ I think they 
 have a right to demand of our government the services of the 
 most experienced surgeons, at any cost. In this respect our 
 government has displayed the most sordid penuriousness." 
 
 During the three days in June, 1862, while the wounded 
 were being brought into Savage Station, the doctor performed 
 twenty-two excisions of the shoulder and elbow. Of these, 
 six resulted in good limbs ; two which would have resulted 
 well, were afterwards amputated by others without cause : 
 the others, being removed to the pest-houses or " tobacco 
 warehouses " in Richmond, were lost sight of. 
 
 In striking contrast to this humane system of conservative 
 surgery, is a case given in the " Medical and Suigical Re- 
 porter " of 1863. On Sunday, May 3, Col. Newman, of the 
 Thirty-first New-York, was wounded in the left foot by a 
 grape-shot; the ball passing obliquely upward from the left 
 side of the foot, crushing the anterior part of the tarsus, and 
 
FIGHTINO FOR THE WOUNDED. 51 
 
 lodging just undei" the skin, hut not involving the ankle-joint. 
 From t\voIv(! to lifteen hours after tlie injury was received, the 
 hall was cxtrii,c,(,(!(I, ;ui(l th(! (colonel sent, after the wound was 
 dressed, to the National Hotel at Washington; the surgeons 
 at the front deciding tlie foot could he saved. On invitation 
 of a nephew of Senator Wilkinson, Minnesota, Dr. Swinburne 
 called on the colonel, and, coinciding with the opinion of the 
 surgeons at the front that the foot could be saved, washed 
 out the wound, and dressed the foot. In the evening the 
 doctor called again, and was told by the colonel that an army 
 surgeon had been in and said that the foot must be ampu- 
 tated. As a friend, the doctor advised against amputation, 
 and continued to wash and dress the wound twice a day. On 
 the fourth day the inflammation had very considerably abated, 
 and suppuiation had commenced; the wound in the skin 
 and soft tissue had begun to granulate ; the whole appeared 
 healthy ; and the constitutional symptoms had subsided. His 
 appetite was good. He slept well, and experienced little or 
 no pain except when the limb was moved. Dr. Spencer of 
 Watertown, Dr. Green of New York, and five arnw surgeons 
 of good standing, who saw the colonel, agreed with Dr. Swin- 
 burne. On the 11th, however, he was told by Surgeon-Gen. 
 Hammond, upon whom he called on business, that he (Ham- 
 mond) objected to Swinburne visiting Col. Newman in any 
 capacity, even as a friend; that the National Hotel, at which 
 he was stopping, was located in a certain district in Wash- 
 ington, and that an army surgeon had charge of the district ; 
 that the patient belonged to such surgeon, and that he (Swin- 
 burne) had no business to call in an}- capacity. At the spe- 
 cial request of Col. Newman, Dr. Swinburne called again, in 
 company with Dr. Spencer, and advised the colonel to get 
 permission to go to New York, Dr. Spencer offering to accom- 
 pany him. But the army surgeons decided against this 
 course, and said he must have the foot amputated, or they 
 would not attend him ; and that, if he did not submit to their 
 decision in regard to him, he would be reported to the sur- 
 geon-general for contumely, and dismissed from the service, 
 the colonel assuring the doctor a friend of his had been thus 
 
52 A TYPICAL AMERICAN. 
 
 treated. The surgeon informed the colonel, he said, "that, if 
 he did not submit, they would have to leave him, and that he 
 should have neither pay nor medical attendance, but that 
 they would strike him from the roll, and that they had the 
 authority of the surgeon-general for saying this." The sur- 
 geon also added to the colonel's friend, " If I find a citizen 
 surgeon in the room looking at any of my patients, I'll kick 
 him down stairs." These remarks were made by Ur. Clymer. 
 The amputation, after much dallying, was finally made by 
 Dr. Clymer, assisted by Surgeons De White, Swasey, Farrel, 
 and Allen, notwithstanding the patient was rapidly improv- 
 ing; and the colonel died. A friend of the colonel, writ- 
 ing to Dr. Swinburne after the butchery of this brave soldier, 
 said, " This noble soldier often expressed his thanks for your 
 kindness, and could not convince himself, that, in handling 
 and dressing his wound, any hands were as soft and delicate 
 in their touch as yours." 
 
 In reviewing the case in that fearless manner always char- 
 acterizing the doctor's course when attacking malpractice 
 on the soldier or private citizen, he raised these important 
 points : — 
 
 First, The surgeons on the field decided upon the propriety 
 of not amputating the foot of Col. Newman ; that it could 
 be saved without amputation. 
 
 Second, That the injury was inflicted on the 3d, and the 
 surgeons on the field decided not to amputate. When he 
 arrived in Washington on the 8th, while the whole limb was 
 tumefied, and absolutely shining with inflammation, the sur- 
 geons in Washington wished to amputate. This was delayed 
 from day to day, and still the foot improved, in spite of the 
 depression of mind caused by the constant threats of ampu- 
 tation. On the 13th they demanded amputation, and it was 
 delayed, the same condition of things existing, and I learn the 
 surgeons decided upon waiting for a few days. On the 16th 
 Col. Newman was troubled with little pain. Meanwhile his 
 wounds freel}^ suppurated ; and, in fact, his condition had con- 
 tinued to improve, so that suppuration was free. On the 
 16th "the surgeons administered ether, and made a perfect 
 examination" — of what? Wh}'-, a wound into which j'ou 
 could easily put your thumb and all your fingers. This ex- 
 
FIGHTING I-'(;H THE WOUNDIOD. 63 
 
 iuniiiiitioii resulted (iis tlic; siirpj(;ons stilted) in firidinj:^ a small 
 bit oi' l(!iitli(!r, and in wrenc]iin<f by great f()r(;e a piece of 
 crushed bone, about one inch sijuare, from its connection with 
 the livinf^ tissues, besides doinj^ other irreparable injury to 
 the soft parts. All of these loose bones, leather, etc., would 
 have dropped out of the wound whenever loosened by nature. 
 
 Third, The 17th (next day) he was attacked with tetanus. 
 TIow sio-ni(icant ! Cause and effect are sure to follow, 
 'i'he story of the apples over again : you need not knock 
 ■them from the tree, since, if let alone, they will fall when 
 ripe. And so the bone will surely follow the organic laws of 
 nature : ergo the ignorant interference with the bone caused 
 the iii'itation which resulted in tetanus, the amputation and 
 hemorrhage foUowed, and the sequel, death, was the result. 
 
 P\)urth, If amputation was to have been performed, why 
 make tiie "-examination " at all, in the manner it was made? 
 since the eye could scan the entire wound, and the finger 
 could easily pass through and into the wound, and ascertain 
 its condition. Then why irritate the parts at all, before ampu- 
 tating? since it is the desire of all good surgeons to avoid 
 it, in order to save the shock, — the pytcmia gangrene, or tet- 
 anus. That the latter followed so soon after this injudicious 
 interference, there need be no wonder. 
 
 The review of this case by Dr. Swinburne, and the deduc- 
 tions he drew, created quite ^furore among the surgical pro- 
 fession in the army and with the public. It but proved the 
 assertion made two months later by the "Medical and Surgi- 
 cal Reporter : " " While on the whole there has been but little 
 to complain of under the circumstances, regarding the employ- 
 ment of irregular practitioners by the government, instances 
 have occurred, and still exist, where they have occupied 
 prominent positions in the government service." 
 
 The " Reporter," in an article on " Tyranny in the ^Medical 
 Department of the Army," referring to the case of Col. New- 
 man, said, — 
 
 " On another page of this number we publish an article 
 from a responsible source, detailing a case in which a cold, 
 heartless, tyrannical exercise of power on the part of the 
 highest medical officer under our government, and a subordi- 
 nate who, if we mistake not, when the war broke out was 
 engaged in mercantile pursuits, certainly not in the practice 
 
54 A TYPICAL AMERICAN. 
 
 of medicine or surgery, seems to have cost a brave officer and 
 worthy man his life. Let our readers peruse the article, and 
 note the facts. Let them observe that at a public hotel a 
 wounded man was denied the 2)rivilege of calling in the sur- 
 gical aid of one of the first surgeons in the State from which 
 he volunteered, who was then on official professional duty 
 from the executive of his State, and was compelled to submit to 
 an amputation against his own wishes, and against the judgment 
 of a number of able surgeons; and that, too, when confessedly 
 those who msisted on taking charge of the case had not time- 
 to give it the attention needed to save the limb. We had sup- 
 posed, that, in the circumstances in which Col. Newman was 
 placed, he had a right to choose his medical adviser, and that 
 he also had a right to refuse to have his limb amputated. It 
 seems, however, that he had no rights at all, that Brigadier- 
 Gen. Hammond and his subordinates were bound to respect. 
 The surgeon (Dr. Swinburne) of the patient's choice was 
 one of high standing and acknowledged ability, and one who, 
 in his capacity as surgeon, was officially connected with the 
 government of the State to which the wounded man be- 
 longed." 
 
 In company with Senator Wilkinson and a governor of one 
 of the Western States, Dr. Swinburne waited on Secretary 
 of War Stanton, and indignantly denounced this piece of 
 butchery, and other practices in the medical department of 
 the army. The secretary, turning to the senator, asked, 
 " Who is this man who so boldly makes these charges ? " The 
 senator replied, " He is a gentleman who knows of what he 
 speaks, eminent as a surgeon, and successful beyond all 
 others, terribly interested in the soldiers ; and, if you don't 
 know him now, you will soon know all about him." 
 
 The doctor wrote to the " Medical Times " a severe criti- 
 cism on the management of the medical department for the 
 care of the sick and wounded after the battle of Fredericks- 
 burg. This communication was suppressed ; and in its place 
 laudatory articles appeared, praising the surgeon-general, who 
 was reputed to be one of the proprietors of that journal, and 
 who was busily engaged in preparing a medical and surgical 
 history of the war. 
 
 Of this official and his enterprise, the "Medical and Surgi- 
 cal Reporter " said, — 
 
FKJII'riNd FOR I'll 10 WOirXDKI). hh 
 
 " Tlic of'lice of siir<^G()ii-^(!iioriil of the United Stutcs is 
 one of {^fejit iniportuiKUj iiud dignity. Its occupant Hliould 
 have a better (jhura to it than any founded on mere personal 
 or moneyed influence, or the advocacy of parties whose influ- 
 ence has tended to dej^rade the medical bureau. He should 
 be a man of experience, a practical man. The hearl of 
 the medical (le[)artmcnt is collecting material for a surgical 
 history of the war; and army surgeons have been rliscour- 
 aged from publishing cases that have occurred under their 
 observation, lest it should detract from the freshness and 
 originality of the contemplated work." 
 
 On May 4, 18G3, Dr. Swinburne was again commissioned, 
 this time by Gov. Seymour, and left for Washington with a 
 letter from the governor to Secretary of War Stanton, in 
 which the governor wrote, — 
 
 " Having had much experience in hospital practice, and 
 also having seen much service with the army, I deem hira 
 eminently qualified for the duty to which I desire he may be 
 assigned. Under letters from my predecessor. Gov. Morgan, 
 Dr. Swinburne was placed in the position which I desire to 
 have him occupy." 
 
 He also had with him a letter from Ex-Gov. Morgan to 
 Secretary Stanton, in which the writer said, " I need not re- 
 peat to you that Dr. Swinburne is one of our most efficient 
 surgeons, and has, by his skill and scientific treatment, saved 
 many limbs and lives." 
 
 He had also a letter to the secretary from the late Thurlow 
 Weed, in which he said, " You know how generously he has 
 served the countrj^, and the cause of humanity, and will, I 
 doubt not, promptly pass him to the array." 
 
 On his arrival in Washington, he presented his credentials 
 to Surgeon-Gen. Hammond, and was told " that it was the 
 special request of Gen. Hooker and ^Medical Director Latter- 
 man, that no civilian surgeons be allowed to pass into the 
 army lines at this time ; that those who were there when the 
 movement commenced were to remain, but additions were 
 not desired." 
 
 The doctor then, with the assistance of the late Senator 
 Sumner and others, persisted in an effort to get a pass to the 
 
66" A TYriCAL AMERICAN. 
 
 front as a citizen in search of a friend, but in every effort failed ; 
 Surgeon-Gen. Hammond declaring he would submit the ap- 
 plication, with his disapproval, to the war department, show- 
 ing the animus and jealousy that actuated that official. In 
 one conversation the secretary, in a very excited manner, 
 declared the fact of giving the information Dr. Swinburne 
 did to Gov. Seymour was wrong, and that of itself was evi- 
 dence the doctor was a " bad and dangerous man." The 
 doctor rejDlied, "If doing my duty faithfully, and reporting 
 the result to Gov. Seymour, who had sent me, and who was 
 entitled to know the result, made me in his (the secretary's) 
 estimation what he had been pleased to term me, then I 
 acknowledge you are right." 
 
 Notwithstanding the efforts already made in vain, yet at 
 the request of Senator Sumner to renew the application, and 
 on the receipt of the following telegram from Adjutant-Gen. 
 John S. Sprague, — " Renew your application : it is the gov- 
 ernor's desire that you go to the Army of the Potomac if possi- 
 ble," — the doctor made one more effort. 
 
 On this effort proving a failure, he telegraphed to that effect 
 to Gov. Seymour, and received the following from Adjutant- 
 Gen. Sprague : — 
 
 " The governor is gratified with your zeal, but thinks 
 he cannot ask the government to violate its rules. Pie hopes 
 and believes you can be of great service to those who come 
 from the army at Washington and vicinity." 
 
 Notwithstanding, both the secretary of war and surgeon- 
 general, in refusing to allow Dr. Swinburne to go to the front, 
 had suggested this very course ; yet, when the governor's 
 telegram to this effect was presented, a refusal was again met 
 with. Surgeon-Gen. Hammond, who had said, " You can be 
 of great service to the sick and wounded," now said, that, 
 after what had occurred, he did not desire Dr. Swinburne, or 
 any other medical representative or agent of the State of New 
 York, to visit the hospitals about Washington, or offices in 
 Washington. 
 
 In consequence of these several refusals of the war depart- 
 ment and Surgeon-Gen. Hammond to recognize Dr. Swinburne 
 
FiaHTING FOR THE WUVSDllD. 57 
 
 as medical a<font from tlic State of New York, or to allow 
 him to visit the army as a citizen, the doctor felt that his 
 remaining in Washington longer would certainly call down 
 further op])osition from the war department, influenced as 
 it was by Hammond, and perhaps involve the doctor's pei- 
 sonal safety; and realizing he was debarred from carrying out 
 the mission for which he was sent, or the prompting of iiis 
 own heart to benefit the sick and wounded, he left Washing- 
 ton for home. The dwarfish system of the head could not 
 bear criticism, and knew he was safe from any censure by 
 those who adhered strictly to military red tape, and wore the 
 insignia of a regular of the army. 
 
 In 1864, Surgeon-Gen. William A. Hammond was, after a 
 trial by court-martial lasting four months, dismissed from the 
 service, and forever disqualified from holding any office of 
 honor, profit, or trust under the Government of the United 
 States. Soon after his removal, he inaugurated, according to 
 the "Reporter," the "Medical Monthly," of which enterprise 
 the " Medical and Surgical Reporter " said, — 
 
 "It is reported in New York that the sanitary commission 
 has subscribed to three thousand copies of this journal. We 
 can scarcely believe that such a misappropriation of its funds 
 has been made b}"^ that organization, certainly not to the ex- 
 tent reported, though it will be remembered that among the 
 singular expenditures of the commission is a considerable 
 amount for the publication of medical essaj's for the use of 
 surgeons on the battle-field and in hospitals. It is possible 
 that the commission has undertaken to distribute three thou- 
 sand copies of the ' New- York iMedical Journal ' as a favor 
 to its reputed principal proprietor and editor." 
 
 As in all other conflicts where the doctor espoused the cause 
 of the suffering soldier or the people, results brought about 
 by time proved he was always right, and, when right, earnest. 
 
CHAPTER V. 
 
 FROM WAR TO PESTILENCE. 
 
 Health-Officer of New York. — A Democratic Governor and Republican Sen- 
 ate indorse. — No Man More Popular. — Forewarned, Fore-armed. — Praised 
 by tlie Governor and Press. — Fighting Yellow-Fever. 
 
 In 1864 the State of New York, and the large portion of 
 the nation to which the port of New York was the key, were 
 threatened with another enemy more subtle than that of war, 
 which was at the time creating such cruel havoc among the 
 people in the southern portion of the country. This subtle 
 foe, in the nature of the pestilential yellow-fever, was then 
 infecting. a larger number of ports with which our commerce 
 was carried on than during any other season for sixty-six 
 years, excepting, perhaps, the year 1856. The anxiety of the 
 residents of that cit}^, of the State, and of the State Govern- 
 ment, was naturally aroused at the impending danger threa- 
 tened; and prompt measures were deemed essential to meet 
 this foe that must inevitably come to our shores, and, if possi- 
 ble, check it before its ravages had reached the land. This 
 could only be done by an efQcient and effective quarantine at 
 the port of New York. To meet this emergency, the Legisla- 
 ture, in 1863, had enacted a law for the establishing of a sys- 
 tem of quarantine in the lower bay. The very thought that 
 there was even a possible danger of the plague spreading over 
 the State, and adding its horrors to what the people were 
 already enduring, was a strain almost too great to bear, and 
 alarmed them to a degree that even the excitement attending 
 the news from the fields of battle could not eclipse. Of what 
 avail, it was readily recognized, would be laws to establish a 
 quarantine, however well framed, or the appropiiation of mil- 
 lions of dollars to effect the desired end for the purpose of 
 saving the people, unless the right man was in charge as health- 
 officer at the port of New York ? For that position an emi- 
 
FROM WAll TO 1'estili:n(;k. 59 
 
 iiently qualified man Jiiust be chosen ; and (mov. Seymour, 
 luiving the appointinj^ power, by that intuitiveness for which 
 he was characterized, realized the dangers that threatened, and 
 the kind of a man the emergencies of the times recjuired. 
 
 Dr. Swinburne had returned from the army, where he had 
 been working out his plans for the relief of the sick and 
 wounded, and where he had, after meeting with great oppo- 
 sition because of professional jealousy, accomplished much of 
 his undertaking. Having no other desire than to succor and 
 benefit the soldiers, and having come to fully comprehend the 
 obstacles that were being placed in his way as a volunteer 
 surgeon, he believed further effort would be the cause of 
 intensifying opposition from the head of the medical depart- 
 ment of the army, and necessarily in a large degree prove 
 futile, he resigned, and returned to Albany. Gov. Seymour 
 had watched with deep interest and pride the work accom- 
 plished by this volunteer surgeon, his boldness in denouncing 
 mismanagement by those in high places, as well as his intrepid 
 fearlessness as to personal danger, combined with his ac- 
 knowledged skill in fathoming the causes of sickness, and 
 applying the remedies to eradicate disease, saw in him the 
 official he wanted for the responsible position of the times, 
 and promptly sent his name to the Senate for confirmation as 
 health-officer of the port of New York. 
 
 When the nomination of Dr. John Swinburne as health- 
 officer was sent to the Senate, the two branches of the State 
 Government — the appointing and confirming powers — were 
 politically opposed to each other, and the number of appli- 
 cants for the position was numerous. Yet, to the credit of 
 all parties concerned in making the appointment, the same 
 loyal spirit which had so often manifested itself during the 
 previous years, when vital questions affecting the safety of 
 the nation or the peace and health of the people were agi- 
 tated, triumphed. There were no political lines of demarca- 
 tion drawni: Republicans and Democrats arose to the demands 
 of the hour, and were Americans. The fame the doctor had 
 already achieved was known to every member of the Senate, 
 as it was to the governor ; and, as a sequence, one of the 
 
60- A TYPICAL AMERICAN. 
 
 grandest indorsements of any man ever given in public life 
 v^^as there recorded of this gentleman by his appointment, 
 made by a Democratic governor, being unanimously con- 
 firmed by a Senate, a large majority of whom were Republi- 
 cans, in less than half an hour from the time it was placed 
 before them. 
 
 That the appointment was heartily indorsed by the press, 
 is evidenced by the comments of the journals of both political 
 faiths, but by none more warmly than by the press of New 
 York, politicall}^ opposed to him. 
 
 The " New- York Herald " of March 20, 1864, said, — 
 
 " The public will be a little surprised to learn that the Sen- 
 ate confirmed the nomination of Dr. John Swinburne of 
 Albany, for health-officer of the port of New York, in place 
 of Dr. Gann, who has held that position for several years 
 past. This programme was agreed upon in the Republican 
 caucus of senators the previous evening. There were facts 
 presented to that caucus, in regard to the condition of affairs 
 at quarantine, that justified, and, in fact, was considered by 
 the Republican senators sufficient to demand, on their part, 
 immediate action. The caucus decided to have the Senate 
 go into executive session, and suspend the rules, and confirm 
 the appointment of Dr. Swinburne, that he might immediately 
 be commissioned. A messenger was sent to Dr. Swinburne, 
 notifying him, that, if the governor would send his name into 
 the Senate, it would be confirmed without delay. In accord- 
 ance with this understanding. Gov. Seymour sent in his name. 
 The Senate went into executive session, suspended the rules, 
 — which require that the appointments by the governor shall 
 be referred to a committee, and layover for one week, — and 
 unanimously confirmed the nomination." 
 
 On the following day the " Herald" said, — 
 
 "Dr. Swinburne, whose appointment as health-officer of 
 the port of New York by Gov, Seymour was confirmed by 
 the Senate on Friday last, is a resident of Albany, and enjoys 
 a high reputation as a physician and surgeon. During Gen. 
 McClellan's campaign on the peninsula, he, with other New- 
 York surgeons, volunteered his services, and at Savage Sta- 
 tion and elsewhere rendered much aid to our sick and 
 wounded soldiers. He was in charge of the hospital at Sav- 
 age Station when that point was captured by the enemy, and 
 
FROM WAIl TO PESTILENCR. 01 
 
 accompanied onr woiiikIocI soldiers, where lie remained with 
 them, devotinff all his time and snrf,ncal talent to their care. 
 Again, immediately after the battle of Fredericksburg, he, 
 with other suigeons from this State, offered his services to 
 attend upon, and look after, the welfare of our wounded sol- 
 diers, but learned, on reaching Washington, that an order had 
 been promulgated excluding all volunteer surgeons from the 
 front. Although a Republican in politics, it is understood 
 that Dr. Swinbuj-ne's claims upon the Senate rested mainly 
 ii[)on his conceded professional qualifications, and the valuable 
 services he has voluntarily rendered to our troops." 
 
 The " New- York World," in announcing the appointment 
 of Dr. Swinburne, said, — 
 
 "He is a bricrht, enero:etic, ambitious surgeon, who has in 
 hospital and camp, in private practice and in a wide range of 
 action, as in the army, and as in the prisons of the enemy, 
 held bold and strong place, and made himself a name accept- 
 able to Gov. Seymour, and accepted by the Senate. It is 
 a remarkable step forward, as Dr. Swinburne is a lively 
 man, and will make a good officer. It is a pleasant idea that 
 in any thing there should be an entente cordiale between the 
 governor and the Senate. It is an appointment that will be 
 canvassed by the medical profession, who are somewhat dis- 
 thiguished for a sharp and severe criticism of each other ; but 
 the doctor is used to conflicts of this kind, and can smile at 
 the storm. He finds himself suddenly, this sunshiny Saturday, 
 health-officer of the great New- York harbor. It is waking 
 up to find himself famous, and the surgeon will undergo the 
 dissection of criticism. That the nomination met with un- 
 usual favor, is shown by the fact that the appointment, in its 
 confirmation, was immediately sent to the governor. Of 
 course, it is the event of the day." 
 
 The " New- York Times" said of the appointment, — 
 
 " He is an accomplished physician, and one of the ablest 
 surgeons in the State, and devoted to his profession, and is 
 among the foremost in developing its skill, and extending its 
 usefulness. Personally, no man can possess more popular 
 qualities, and no man is more deservedly popular. It was Dr. 
 Swinburne who, volunteering, and leaving a lucrative practice, 
 was sent by the governor to the peninsula, where his skill and 
 fidelity were of the greatest value. During the seven-days' 
 battles, refusing to leave the sick and wounded under his 
 charge, he was taken prisoner; and it was due to his firm and 
 
62. A TYPICAL AMERICAN. 
 
 manly appeals to the rebel authorities that much of misery 
 and death were saved, and comforts secured to our suffering 
 soldiers. He will bring to the position of health-officer all 
 the ability necessary to fill it, and the will to do so faithfully 
 and valuably." 
 
 " That a prophet is not without praise save in his own 
 country," did not apply to the honored physician. The press 
 of Albany, his residence, where he was better known than 
 anj^where else, was decided in their comments of the wisdom 
 of Gov. Seymour in making this selection. 
 
 The " Albany Evening Times " said, " This is an excellent 
 appointment, and one well deserved." 
 
 The " Evening Journal," " In nominating Dr. Swinburne, 
 he selected a gentleman of high professional character." 
 
 The "Albany Express," "We think the fact that politicians 
 of both parties dislike the appointment is the most satisfac- 
 tory argument that could be offered that the governor nomi- 
 nated, and the Senate confirmed, just the right man." 
 
 The " Albany Argus," whose editor was well acquainted 
 with the private and military career of the doctor, said edito- 
 rially on March 21, " Dr. Swinburne was pressed by men of 
 all parties, and by the medical profession of the State gener- 
 ally, not only on account of his scientific position, but on ac- 
 count of the service he had personally rendered our soldiers 
 in the hospitals and on the battle-fields. These considerations 
 induced Gov. Seymour to make the appointment, and the Sen- 
 ate, without a moment's hesitation, to confirm it. " And on 
 the 23d he again said editorially, " It was understood that a 
 political appointment in place of Dr. Gunn would not meet 
 the concurrence of the Senate. In nominating Dr. Swinburne, 
 he selected a gentleman of high professional character, and 
 one who devoted earnest and salutary labors to the soldiers 
 of New York." 
 
 This position he held for six consecutive years, until the 
 advent of the Tweed regime, and the inauguration of that era 
 of j)ublic plunder which followed, marking the most corrupt 
 epoch in the history of the State, ending at last in the igno- 
 minious death of the chieftain in a felon's cell, and the flee- 
 
FROM WAR I'O I'ESTILRISCB. 68 
 
 iiig as outcasts, and fuf^itivos from justice, of soiric of liis most 
 active priu(!es and leaders. During that [jeriod, he estab- 
 lished and built up one (d" the best, if not tiie best, quaran- 
 tine systems in the world. The ])(;culiar and fitting record 
 of the esteem in whidi he was then held was greatly aug- 
 mented in later years by his re-ap})ointm(;nt as healtli-officer 
 by Gov. Fenton (Republican) when he succeeded Seymour 
 (Democrat), as did Seymour when lie succeeded Morgan 
 (Republican), in the re-appointment of Dr. Swinburne to a 
 l^osition in military service. 
 
 The appointment opened up a new field of professional 
 activity and research to the inquiring mind, that had been 
 restless for years in searching after greater truths in his 
 profession, and the developing of more efficient means to sup- 
 press disease ; as he had labored for years before, in introdu- 
 cing a more conservative system of surgery for the saving of 
 limbs, as well as lessening the tortures that had heretofore 
 almost caused the blood to chill at the mere mention of a 
 surgeon, whose profession and practice were thought to be 
 synonymous with cruelty and amputated members. All the 
 diseases humanit}'" so revolts from, such as cholera, small-pox, 
 and yellow and ship fevers, he met at the watery gate of the 
 city, and successfully conquered, often fighting these loath- 
 some and dire diseases at quarantine, while the residents of 
 the metropolis slept in safety, not even knowing danger was 
 so near. The work accomplished at that station was even 
 greater than that accomplished by him on the field. Here 
 he had no ignorant superior, or professional jealousy, to con- 
 tend with, and hence pushed forward his work with such 
 marvellous success that he received the congratulations of 
 the Executive in an annual message ; and the Legislature, 
 fully appreciating his work, by law enacted, after his retire- 
 ment, that one of the artificial islands built by him in the 
 bay should forever be known as Swinburne's Island Hos- 
 pital. 
 
 No record of the living will ever reveal what was accom- 
 plished during the time Dr. John Swinburne held the posi- 
 tion of health-officer ; and it is utterly beyond all human 
 
64 A TYPICAL AMERICAN. 
 
 power to conceive what evil results his knowledge and sci- 
 ence, and the sj'stem of prevention he adopted, were the 
 means of averting. That he established a great quarantine, 
 to prove a continuous safeguard, is a matter of history ; that 
 he run the quarantine department when the duties of the 
 health-officer were much greater, at seventy thousand dollars 
 per 3'ear less than one of his successors, Dr. Vanderpoel, is a 
 matter of record on the books of the comptroller; that he 
 never gave occasion for a suspicion of dishonest}'' during his 
 management, is a pleasant reminiscence in official life ; and 
 that the results of his searching after the origin and nature of 
 cholera and yellow-fever, as well as the most effective means 
 to check and eradicate these diseases, have been accepted 
 and dwelt upon as reliable authority ever since, must be 
 gratifying to his professional pride, free as he is from vanity 
 as a gentleman, and from professional jealousy — an out- 
 growth of the known and envied superiority of others — as a 
 physician and surgeon. 
 
 A man filling such a position would be more than human, 
 and nothing less than infallible, if he met with no opposition 
 in the discharge of its duties. Dr. Swinburne was not ex- 
 empt from complaints ; but they came solely from persons 
 who had pecuniary interests to serve, — from owners of ves- 
 sels, who were more anxious tlieir crafts should prove profit- 
 able investments than they were in the preventing of the 
 spread of disease ; from stevedores, who were willing to jeop- 
 ardize the lives of their men in the holds of infected vessels, 
 and in the handling of disease-poisoned merchandise ; and 
 from boarding-house runners and scalawags, who would risk 
 any thing to satiate their desires to plunder the "green-horn," 
 and bleed the open-hearted sailor. All these the health-offi- 
 cer met with a firmness that knew no yielding. He was 
 there to prevent the spread of disease ; and effectually he ac- 
 complished that end by the enforcement, rigidly, of the rules 
 his experience taught him were essential, even though some 
 of them, at times, appeared harsh and even oppressive. 
 
 When he assumed the control and management of the 
 quarantine, there were absolutely no provisions made for the 
 
PROM WAR TO I'KSTILENCE. 65 
 
 effectual carryiDg-out of tlie purposes of quarantine. There 
 was but one lioating hos[)ital, and this vessel was in a leaky 
 and decidedly bad condition. There were no proper resi- 
 dences for the health-officers, and no wharves for the dis- 
 charging of cargoes, and no warehouses for tlie cargoes, if 
 discharged, during fumigation. To wait for another session 
 of the Legislature, before active operations, was not in the 
 nature of Dr. Swiidjurne. He held as a motto, " To be fore- 
 warned is to be fore-armed," and not only immediately com- 
 menced arranging for any emergency that might arise, but 
 devoted himself to even a more searching diagnosis of the 
 fever that threatened, as well as making the most minute 
 and thorough analysis of its nature, growth, and the causes 
 from which it emanated, so that, in the event of its arriving 
 at quarantine, he would know on the moment what to do, 
 and when and where to do it. His quarantine resources 
 were less than limited and adequate, for in reality there 
 were none. Yet when the season arrived, and the yellow- 
 fever made its appearance at quarantine from the infected 
 ports, with a larger number of vessels arriving from them 
 than in any previous season, the health-officer was prepared 
 to meet it so effectively that not a single case passed quaran- 
 tine. 
 
 The commissioners, in their report to the governor that 
 year, stated, that, on entering upon the discharge of their 
 duties, they found that nothing had been done towards the 
 establishing of the quarantine, contemplated by the act of 
 1863, and found the health-officer destitute of means. The 
 floating hospital ship which had been provided, and in use 
 for five years previous, for the reception of persons sick with 
 yellow-fever, was found in a leaky condition, requiring ex- 
 tensive repairs. With their report, they submitted to the 
 governor the report of the health-officer, asserting that it 
 contained so much valuable information that it should be 
 presented in full. His Excellenc}', in submitting the report 
 to the Legislature, accompanied it with a memorandum, stat- 
 ing " that it was replete with information regarding the 
 various diseases which came under the health-officer's obser- 
 
66. A TYPICAL AMERICAN. 
 
 vatirn and inquiry, and abounded with valuable suggestions 
 affecting the sanitary and commercial interests of the city 
 and State." 
 
 In that first report, Dr. Swinburne, as health-officer, pre- 
 sented a number of suggestions and recommendations with 
 reference to the erection of hospitals, warehouses, wet docks, 
 and floating hospitals, as well as the necessity for a better 
 system of police regulations, all of which were carried into 
 effect during his administration. He treated the subject of 
 yellow-fever in a manner that allayed much of the apprehen- 
 sion and fear entertained with reference to the disease, and 
 afforded a feeling of safety such as had not been enjoyed 
 before. Of the fever, he said, " The malignancy of this 
 disease, which but a few years ago was regarded as an in- 
 curable plague, has at length been compelled to yield to 
 the power of medical science. The origin, nature, habits, 
 and peculiarities of this infection have at length become so 
 thoroughly understood, that we are now enabled to guard 
 against the extension of its poisonous effects with a certainty 
 of results almost as definite and fixed as that attendant 
 upon the care and cure of any other disease." 
 
 While during some of the previous years the infection had 
 been carried on shore, and communicated to vessels in port, 
 and in some instances had afterwards raged in a most fearful 
 manner, not a single instance of this kind occurred during 
 the season of 1864, the first that Dr. Swinburne was in 
 charge of the quarantine as health-officer. 
 
 In 1865 there was no diminution in the danger of being 
 infected with yellow-fever, still prevalent in many ports, with 
 the means to check the disease at quarantine still in a crude 
 condition, and far from what was deemed actually necessary 
 in the discharge of the duty to which the health-officer was 
 assigned. But again he was equal to the demands upon 
 him, and exhibited that unconquerable spirit which he so 
 often displayed in civil and military life ; and knowing that 
 to delay was dangerous, and that procrastination is the thief 
 of time, he was able to meet the disease at the opening 
 of the season, and again successfully blockade it at quaran- 
 
FROM "WAR TO PESTILENGE. 67 
 
 tine. During that season two hundred and tliirty vessels 
 arrived, from ports infected with yellow-fever. On board 
 fifty-three of these vessels, tliere were two hundred and 
 forty-six cases. All these Avere quarantined, inspected, 
 cleansed, and fumigated, and the disease, so far as that year 
 was concerned, as completely conquered as was the Rebellion 
 the same year by the Union army in the front ; with even 
 grander results, for not a case, as in the previous year, had 
 passed quarantine. 
 
 So universal had become the fame of this health-officer at 
 this critical period, that it won for him plaudits almost as 
 great as those his valor on the field had called from the press 
 and public. Pleased with the work the health-officer had 
 accomplished, and the praise that was being bestowed on 
 him, Gov. Fenton, under date of Nov. 4 of that year, ex- 
 pressed his pleasure to the commissioners in these words : " I 
 am glad to know that the health-officer, Dr. Swinburne, has 
 attracted honorable mention in the discharge of the responsi- 
 ble duties of his position^ and that he is unwearied in his 
 efforts in connection with your board, and other authorities 
 of the city of New York, relating to the sanitar}- condition of 
 the city." 
 
 From Washington came also words of praise. S. K. 
 Barnes, surgeon-general of the United-States army, in writ- 
 ing to Gov. Fenton, said, " In this connection, permit me to 
 congratulate you upon the energy and efficiency displayed 
 by your health-officer, Dr. John Swinburne, and to express 
 the conviction, that, if sustained in the exercise of the neces- 
 sary precautionary measures, he will be fully equal to any 
 emergency that can now be anticipated." 
 
 Such words of approval, coming from the chief executive 
 officer of the State, and from the head of the medical depart- 
 ment of the United States, would have aroused no small 
 degree of vanity in the majority of mortals. With this 
 matter-of-fact but eminent physician, they elicited no further 
 feeling than the satisfaction of knowing that his efforts to 
 do his duty to the State and the people were appreciated 
 by those qualified to know the magnitude of the work, and 
 the results attained. 
 
68 A TYriCAL AMERICAN. 
 
 Again, the following year, the commissioners, in submitting 
 their report, deviated from the established custom, among 
 officials, of giving a mere synopsis of the health-officer's re- 
 port, and transmitted it in full. They said, " The report 
 of the health-officer contains much valuable information in 
 regard to the principal quarantinable diseases Avhich have 
 visited our port, and shows a most gratifying result attend- 
 ing the administration of our quarantine system during the 
 past season. It is replete. with so many interesting statistics 
 and practical suggestions, that, notwithstanding its extreme 
 length, we have deemed it advisable to transmit it entire to 
 the Legislature." 
 
 The health-officer, in his report, again presses the absolute 
 necessity of a number of provisions for the hygienic treatment 
 of the persons who arrive at quarantine sick with disease. 
 This, like all other reports by him, is not confined to a formal 
 statement of facts, of expenditures of the department, and 
 the number of arrivals, sick, and deaths, but is accompanied 
 with a minute statement of his observations of yellow-fever, 
 and the conclusions scientifically arrived at after investiga- 
 tion, thus affording information of value in the present, and 
 for time to come. In this connection Dr. Swinburne said, 
 "While a climate may be generally unfavorable to the ex- 
 tension of disease, yet instances are not wanting where places, 
 for years exempt from disease, have become infected : for 
 instance, Newbern, N.C., for a long period of years con- 
 sidered one of the most healthful ports. During the year 
 1864 it became infected with yellow-fever, which prevailed 
 in so malignant a form as to nearly depopulate the town. So 
 with Key West, never infected until 1862 ; but the past season 
 it has been the most malignant port, and no vessel could 
 touch there without being poisoned." He cited the case of 
 the ship " Tahama," which touched there on June 12, tak- 
 ing no cargo, only lauding a gun ; and yet in four weeks, 
 while in a northern climate, yellow-fever was discovered, and 
 within seven weeks twenty-six cases had occurred. " I may 
 safely say," he adds, "with the exception, perhaps, of 1856, 
 no period has been fraught with more danger to the port 
 
FROM WAR TO PESTILENCE. 69 
 
 and harbor of New York from infection than was the past 
 season." He was inclined to doubt the possibility of puri- 
 fying vessels infected with disease, — whether by frost, fu- 
 migation, or otherwise, — without the absolute discharge of 
 cargoes therefrom. He recommended proper facilities for 
 the purification of poisoned goods, especially clothing, etc., 
 as no such existed ; and all kinds of expedients were resorted 
 to, to accomplish this work. 
 
 It was not till this year that the first appropriation was 
 made for the carrying-out of the system of quarantine islands 
 and hospitals, as recommended in two previous reports. 
 
CHAPTER VI. 
 
 A QUARTET OF PI^GUES. 
 
 Contending with Four Plagues. — Cholera, Small-Pox, and Yellow-Fever. — 
 Best Quarantine in the World. — A Sleepless Official. — Criminal Consols, 
 
 In 1866 the trjdng ordeal began in earnest when we were 
 threatened with four diseases, — the Russian plague, cholera, 
 yellow-fever, and ship-fever. The officials at quarantine were 
 then like a traveller in a mountainous region, standing on 
 the edge of an abyss so deep and dark and fearful, that 
 lie shudders to look down into the chasm ; and humanity 
 recoiled at the bare thought of these visitations, so terri- 
 ble were the devastations they would inevitably cause if 
 once landed upon our shores. The times and circumstances 
 demanded a peremptory policy. The threatened quartet of 
 plagues created a necessity for immediate action, and admit- 
 ted of no negotiations, postponements, or half-measures. It 
 was then that the experienced scientist, surgeon, and physi- 
 cian proved that he was " forewarned and fore-armed," by 
 assuming that " cholera was a communicable and control- 
 lable disease ; that its causes are not in the atmosphere ; 
 that it accompanies human travel and human traffic; that it 
 progresses at the rate of vessels across the ocean, and never 
 precedes them ; that it is transmitted by clothing and ef- 
 fects as well as passengers ; that it never appears in a new 
 locality without communication, directly or indirectly, with 
 persons and places ; and that it may be arrested, like the 
 plague, by an absolute quarantine of a short duration : " find 
 he recommended a uniform system of quarantine throughout 
 the country as a safe and sure prevention. That his con- 
 stant searching after knowledge had eminently fitted liim for 
 the suppression of the scourge, and that he had arrived at 
 a perfect diagnosis of cholera, were manifested by the estab- 
 
A QUARTET OF I'l.AfiUKH. 71 
 
 lisliing in accordance witli the principles laid down, and on 
 the recommendation of Dr. Swinburne, of a quarantine, 
 which the commissioners, eleven years afterwards, when Dr. 
 Swinburne was engaged in another field, pronounced " the 
 most extensive and complete quarantine establishment in the 
 world, — an establishment which, perhaps, properly conduct- 
 ed, affords every guaranty against the inroads of pestilence 
 which hnman experience and forethought can devise." 
 
 Under the act of 1863 there was contemplated provision 
 but for one hospital ; and this, between the 1st of April and 
 the 1st of November, was to be appropriated exclusively to the 
 care of persons sick with yellow-fever, and during the re- 
 mainder of the year might be used for the care of typhus 
 or ship fever. The only direction for the care of cholera 
 patients was, that they " shall be provided for by the com- 
 missioners of quarantine in such manner as they may deter- 
 mine, and occasion demand, until permanent provision shall 
 be otherwise made by law." This law gave the commis- 
 sioners no jurisdiction over any land, and prevented them 
 from exercising an}^ over Staten Island, Long Island, or 
 Coney Island, and over no land contiguous to the harbor 
 except over New- York City. Neither had they money to pro- 
 vide any means for caring for the sick. The law further pro- 
 vided, " In no case shall persons sick with different diseases 
 be put in the same hospital ; " and yet there were none others 
 than the one floating hospital, and that was reserved by law 
 for the sick with 3^ellow-fever. This was the condition of af- 
 fairs at quarantine when "The Atlanta" arrived, Nov. 2, from 
 London, with over five hundred passengers on board, with 
 sixty cases of cholera during the passage, sixteen of which 
 proved fatal. Twenty-two new cases were found on arrival, 
 and twenty-one other cases afterwards. She was detained 
 twenty-eight days at quarantine. Notwithstanding the prev- 
 alence of the disease upon the vessel during the passage and 
 after arrival, in consequence of the precautions taken by the 
 health-oflficer, no cases occurred beyond the limits of the 
 vessel. 
 
 Under these circumstances, the health-officer. Dr. Swin- 
 
72 A TYPICAL AMERICAN. 
 
 burne, was similarly placed to the Polish Gen. Bern in Tran- 
 sj'lvania during Kossuth's Hungarian war. In that country, 
 Bern found not a single fortress in the hands of the Hun- 
 garians ; but, the more he felt their importance, the more 
 anxious he was to gain possession of them. Events proved, 
 that, in Kossuth's selection of Bem to conquer Transylvania, 
 he possessed the discernment to choose the most able man 
 from among the multitude ; as did Gov. Seymour, when he 
 appointed Dr. Swinburne health-officer, prove that he under- 
 stood equally the impoitance of the task to be undertaken, 
 and who would be the proper man to successfully accomplish 
 the desired end. The simile between these two eminent men 
 — one of war, and the other of health and preservation, 
 both patriots — is striking. Bern, like the health-officer 
 Dr. Swinburne, was a thorough organizer and strict disci- 
 plinarian, making no distinction because of social standing 
 among his troops ; and hence it was that the young sprigs 
 of nobility preferred service in other corps, where more 
 consideration was paid to their pedigree. Bem was pecul- 
 iarly attached to the artillery, and believed in meeting 
 his enemy at as long range as possible, and dealing heavy 
 blows before they came to close quarters. But when the 
 hand-to-hand conflict came, he was ready, as was shown 
 when, at Rothenthurn Pass, with his small army, of which 
 the Polish corps and the German legion were the flower, he 
 drove the Russians in the wildest flight, and routed the four 
 Austrian generals, Puchner, Pfarsman, Graser, and Jovich. 
 His conquering Transylvania justified the confidence of Kos- 
 suth, and confirmed the reputation he had- won. With Dr. 
 Swinburne, pedigree had no weight; and he, too, believed 
 in meeting his enemies at as long range as possible, and 
 exterminating them. His conquering the four pestilences, 
 and saving the people from their ravages, justified Gov. 
 Seymour's confidence, and confirmed the reputation he had 
 won. 
 
 So grand was his success that year, that Gov. Fenton, in 
 his message to the Legislature in 1876, in treating of the 
 cholera epidemic of the previous year, said, — 
 
A QDARTKT OF T'LAfJUKS. 73 
 
 " Six hundred and liRy-one persons liave been tieated 
 under (luaranline since the facilities were provided. The 
 number of eases on vessels during the passaf^n and after 
 arrival here, is estimated at two thousand ; and of this num- 
 ber, at least one thousand have died. Jt is believed that few 
 if any cases of eholeia have appeared on shore, the orif,Mii of 
 which can be traced to the sick under quarantine. 'J'his is 
 the highest testimony in favor of the vigilance of the health- 
 officer." 
 
 This indorsement from the highest official in the State 
 was a tribute of esteem a less eminent and capable gentle- 
 man than the then health-officer would have paraded with un- 
 limited ostentation. It was not only an indorsement by the 
 highest official, but implied the inestimable debt of gratitude 
 every resident of the State, whether in the thickly populated 
 cities or in the smallest hamlets in the extreme northern, 
 western, and eastern sections of the State, was under to the 
 vigilance of the health-officer. 
 
 In his report for that year as health-officer. Dr. Swinburne, 
 without any suspicion of self-laudation, again presses the 
 necessity of renewed watchfulness on the part of the people, 
 and the urgent demands for proper quarantine facilities. He 
 said, — 
 
 " Nearly all agree that cholera is contagious, and can be 
 quarantined at a port of entry, providing the proper precau- 
 tion as to non-intercourse, isolation, disinfection, cleansing, 
 etc., be carried out. The fact, that, with the ver}- inefficient 
 quarantine facilities now afforded us, we have succeeded in 
 preventing the spread of cholera upon our shores, furnishes 
 no reason for supposing, that, with the same accommodation, 
 we shall succeed as well in like endeavors during the next sea- 
 son. From our knowledge of the history of the migratory 
 conduct of the disease, it is safe to infer that the visitations 
 we received last season from the malady are premonitions sent 
 out like heralds to warn us to prepare for its more severe and 
 powerful approach. As the falling of the smaller stones and 
 light bodies of snow from the mountain-side are but the fore- 
 runners of the avalanche which suddenly appears, prostrating 
 wide-spread forests and populous villages in its course, and 
 distributing devastation and death for miles around, so these 
 instances of infected vessels approaching our harbors may be 
 
74r A TYPICAL AMERICAN. 
 
 the precursors of sucli an extended increase of their class, 
 during the coming season, as will require all the improvements 
 which the State can furnish, and all the vigilance and skill 
 which science can supply, to enable us to prevent the due 
 infection from invading our shores, spreading through the 
 land, and visiting every hearthstone with affliction and death. 
 ' Forewarned is fore-armed,' should be an axiom for worthy 
 action in every case. If, after observing it in this instance, 
 the great Providence who is the dispenser alike of life and 
 death should arrest the approach of this terrible destroyer, 
 and turn it from our shores, we shall have yet the consola- 
 tion of knowing that we have done our whole duty ; and if, 
 in his wisdom, he may yet permit it to come upon us, we 
 shall be at least prepared to do all Ave can to weaken its 
 attack, subdue its effects, and confine its march." 
 
 The report of the commissioners for 1863 gave the arrival 
 of eighteen vessels in port infected with cholera. On these, 
 six hundred and two persons were sick on arrival, at or dur- 
 ing detention at quarantine, of whom two hundred and forty- 
 two died, — a mortality much less than that which attended 
 the disease in Europe, and greatly below that which occurred 
 among the passengers of" The England" while under quaran- 
 tine at Halifax. The commissioners, in speaking of Dr. Swin- 
 burne as health-officer in that trying state of affairs, said, — 
 
 " The floating hospitals owned by the State would accom- 
 modate less than eighty; yet at one time he had to have ac- 
 commodation for upwards of one hundred and twenty, while 
 over fourteen hundred persons who had been exposed to the 
 disease on shipboard were to be provided for in some more 
 suitable place of detention. In view of the means for the care 
 and treatment of the sick, the commissioners regard the 
 results as truly wonderful, and speak volumes in praise of the 
 healtli-officer. Dr. Swinburne." 
 
 They added, — 
 
 " The health-officer, in his report, has paid a truthful and 
 graceful tribute to the services rendered by those who were 
 charged with the care and treatment of the sick, but mod- 
 estly omitted to state the share which he bore in looking after 
 and alleviating the sufferings of the sick, and affording aid 
 and consolation to the friends of the dead. Charged by law 
 with duties which oftentimes required him to be in attend- 
 
A QUARTET OF I'I>AGUK.S. 76 
 
 ance upon the Mctroi)o]itan Board of Health, or at tlie of- 
 fice of the coniniissioiiors, and at the same time to be at his 
 post at the boarding-station, or among the sick in tiic hiwer 
 bay, he seemed ahnost omni])resent. No duty within bis 
 power to perfbrm was neglected, and he looked after all under 
 his care with a sleepless vigilance which seemed to kiirjw no 
 fatigue, and experienced no relaxation while any thing le- 
 mained to be done. What was said of him by a writer in de- 
 scribing the services rendered by Dr. Swiid)urne as a sui-geon 
 during the peninsular cain[)aign in the late Ivcbellion, might 
 be said of him in reference to his labors under quarantine." 
 
 They quoted ; — 
 
 " Of this man I cannot speak in terms of too high praise. 
 
 He was thoughtless of himself, foio'etful even of the wants of 
 .... . . ft 
 
 nature, untiring in his labors, uniting to the highest "ourage 
 
 of man the tenderness of a woman and the gentleness of 
 a child. lu that terrible hour when other surgeons were 
 worn out and exhausted, no labor appeared to diminish his 
 vigor. After days of toil, and nights of sleeplessness, he was 
 as fresh and earnest as though he had just stepped forth from 
 a night of quiet sleep. And while others became impatient, 
 and had to escape from those scenes to seek repose, he, oper- 
 ating for hours at a time, found relaxation and refreshment 
 in going from tent to tent, counselling the surgeons, advising 
 the nurses, and speaking words of cheer to the wounded and 
 the dying." 
 
 The latter portion of that part of the commissioners' report 
 quoted is from a volume of reminiscences by the Rev. Dr. 
 Marks of Pennsylvania, and, although quoted on a previous 
 page, is repeated here simply' to demonstrate the high esteem 
 in which he was held by every honest man wdth whom he 
 came in contact, whether strangers, or acquaintances of years, 
 and because, if the commissioners deemed this tribute from 
 one of another State worthy of incorporation in a necessaril}' 
 limited report, it is valuable enough to incorporate here. 
 
 In 1867 yellow-fever was more destructive and wide-spread 
 than at any previous period. That year two hundred and 
 thirty-five vessels arrived in the port of New York from six- 
 teen ports infected with the disease, and five hundred and 
 seventy-three vessels from infected and doubtful ports were 
 detained at quarantine for examination. During the year, 
 
76 A TYPICAL AMERICAN. 
 
 one hundred and fifty-two vessels were quarantined for sick- 
 ness, with one thousand and thirty cases on board, of which 
 three hundred and eight3^-four died. Twenty-eight of these 
 vessels had small-pox on board, to which sixteen thousand 
 six hundred and eighty persons had been exposed. Of these, 
 twelve thousand nine hundred were vaccinated in quaran- 
 tine ; and only four cases of sickness of any kind in the met- 
 ropolitan district could be traced to infection from this large 
 number of arrivals. 
 
 Between the 18th of June and the 5th of November, 1869, 
 two hundred and eleven vessels arrived from infected ports, 
 twenty-seven of which had sickness on board. Nearly all 
 had cargoes of a character calculated to carry and retain the 
 seeds of infection. On board these twenty-seven vessels, 
 ninety-two persons were sick with yellow-fever in the ports 
 of departure, of whom forty-six died. Sixty other cases oc- 
 curred during the passage, twenty-one of these proving fatal. 
 The same vessels had twenty-five cases of other diseases 
 on board. " These statistics," said the commissioners, " are 
 scarcely without a parallel in the same brief time in the his- 
 tory of quarantine ; and, in view of past experience, it seems 
 hardly credible that all of the dangers attending the arri- 
 val of so many infected vessels could have been confined to 
 the limits of quarantine. Yet the commissioners are not 
 aware that a single case of yellow-fever occurred on shore 
 during this season ; and so little publicity was given to the 
 fact of the arrival of so large a number of vessels from in- 
 fected ports, that no uneasiness was at any time excited in 
 the public mind." 
 
 In their report for 1870, the commissioners said, — 
 
 " Although that terrible disease which has become an 
 annual visitor to our shores found a large number of victims 
 among those engaged in our commerce with tropical parts 
 during the past summer, our citizens, happily, escaped its rav- 
 ages. The scourge of cholera, which made the years 1866 
 and 1867 memorable in the history of quarantine in the port 
 of New York, sought its victims in other climes. The tide 
 of emigration has continued without diminution, but has 
 been unattended with the introduction of any foreign pesti- 
 
A QUARTET OT<^ IT.AOUEH. 77 
 
 lence to excite the apprehensions of the public. Many who 
 enjoy the quiet of their own firesides, and are exempt from 
 the visitation of pestilence, care little to inquire to whom 
 they are indebted for such exemption. Resting? in fancied 
 security amidst the luxuries of their own lionies, they little 
 dream that they are surrounded 1)y j)erils which hourly 
 threaten to bring foreign contagion to their doors, and they 
 fail to appreciate the sleepless vigilance which protects them 
 from the approaching danger." 
 
 The season of 1869 was the last that Dr. Swinburne was 
 in charge as health-officer; but, during the period he held 
 that position, he accomplished a work, and established a quar- 
 antine system, and facilities to suppress disease, which will 
 remain as monuments to his scientific and executive abilities 
 long after the present generation shall have ceased to be 
 actors in the great drama of life, and the curtain been 
 rung down on the last scene. Many who are prominent to- 
 day will enjoy but a brief career of eminence, and be only as 
 chimerical delusions, rapidly coming to the front, and as 
 rapidly vanishing from memory ; while the name of Dr. John 
 Swinburne, because of his great achievements in this and 
 other walks of life, will be ingrafted in the pages of history 
 among those who, while living, made the world greater, and 
 whose memory will sparkle for generations to come, throwing 
 on the future a reflection and splendor of achievements as 
 brilliant and far-reaching as the rays of a setting sun that 
 bathe and beautify the western horizon. 
 
 One of the greatest obstacles with which he had to con- 
 tend as health-officer, in his struggles with the plague of chol- 
 era, was the avarice and deceit of traders and other nations, 
 and the culpable neglect of our consuls abroad. Most all the 
 vessels arriving at the port of New York during the cholera 
 epidemic, from the countries where it raged, had clean bills 
 of health ; and in but few instances did the consuls give any 
 official intimation of its existence. During the prevalence 
 of the disease in Paris, no official notice of its existence 
 there was received ; and in 1867, when whole villages in 
 Germany were being depopulated b}^ its ravages, vessels 
 arrived from all the German ports with clean bills of health. 
 
78. A TYPICAL AMERICAN. 
 
 In contending with these diseases at quarantine, Dr. Swin- 
 burne, as health-officer, was enabled by his scientific ability 
 and deep research, in addition to the construction of the 
 artificial islands, to arrive at a clear and definite knowledge 
 of the diseases with which he had to deal, and thus was en- 
 abled to transmit valuable information to the profession. He 
 thoroughly demonstrated that neither the vessel nor the 
 cargo carried the poison of either cholera, small-pox, or ship- 
 fever, bat that the personal effects of passengers did. In 
 cholera the greatest amount of contagion came from excre- 
 tions. The bulkhead of a vessel separating the second-class 
 passengers from the steerage passengers, and between their 
 respective water-closets, where, for instance, they were sick 
 in the steerage with cholera, and free from it in the cabin, 
 was sufficient to prevent the contagion from spreading. Of 
 the nature of yellow-fever, he discovered that the hold of a 
 vessel, with its bilge-water, induced the disease in persons, 
 and that vessels lying at docks infected with yellow-fever 
 poisoned the district and the inhabitants. An important dis- 
 covery touching this disease was that persons with clean 
 clothing might be sick with yellow-fever in any place, and 
 those around them not be affected, and that their vomit and 
 defections were not dangerous. In other words, he held that 
 the well might sleep with the sick, under circumstances of 
 cleanliness, without danger of infection. He further came to 
 the conclusion that dead bodies did not infect or propagate the 
 disease, and that the same was true regarding clean vessels 
 and clean cargoes. 
 
 By the superseding of this gentleman, for partisan reasons, 
 the State was the loser in a sanitary as well as financial 
 point, as was proven afterwards. In 1870 and 1871 a number 
 of ports with which our commerce was being carried on were 
 suffering from an epidemic of small-pox; and from these ports 
 the infection was brought to the city of New York, where 
 in 1870, the first year after Dr. Swinburne left quarantine, 
 there were two hundred and ninety-three deaths from this 
 disease. The next year (1871) there were eight hundred 
 and five deaths, — the largest record from small-pox in a 
 
A QUARTET OF PLAQUES. 79 
 
 century, the next largest being six liundred and eighty-one, 
 in 1853. 
 
 Jackson S. Shultz, president of tlie Board of Health of 
 New-York City, of which Dr. Swinburne was an ex-officio 
 member, said in substance, at a dinner given on his (Shultz) 
 retiring from that ofiQce, that the Metropolitan Hoard of 
 Health had not accomplished as much in two years as he 
 exj)ected it would in one month, and that the quarantine 
 under Dr. Swinburne had been the only successful branch 
 connected with the board. 
 
CHAPTER VII. 
 
 HONEST AND FAITHFUL. 
 
 An Odious Comparison. — Artificial Islands. — Corruption in Quarantine. — A 
 Political Trick. — Bleeding the State. 
 
 Comparisons, while not always, are often odious, at least 
 to some of the parties brought into comparison ; and while 
 there is no desire to resurrect the misdeeds of men who have 
 passed away, or who are long since no longer prominent, it 
 is seemingly necessary, that for a better appreciation of Dr. 
 John Swinburne's honesty, integrity, and ability as a health- 
 officer, his administration should be contrasted with that of 
 some of his successors ; and it is to be regretted that in the 
 comparison the distinction is so marked as to make him ap- 
 pear a giant along side of a pygmy, to at least one of his 
 successors and traducers, scientifically as a physician, morally 
 as a man, and in integrity to the people and the State as an 
 official. The comparison is so odious that it must necessarily 
 create some ill will and anger, although it would be impossi- 
 ble to paint it in colors that would do justice, or describe it 
 in language in any way adequate to convey the great differ- 
 ence. Ill feeling, however, will only come from those who 
 dare not publicly den}^ and have no defence. 
 
 In drawing this comparison, it is well to state that the 
 commissioners, a board under whom, the doctor had never 
 served, six years after his retirement, in their report to the 
 Legislature in 1876, said, — 
 
 " Any apprehensions entertained at the beginning of the 
 year, that Asiatic cholera would again make a lodgment in 
 our bay, have not been realized : indeed, as one season after 
 another passes, and the ravages of the once deadly scourge 
 are averted, there is an increasing confidence in the ability 
 of the quarantine authorities to at all times arrest its prog- 
 
IIONKST AND FAITilFUL. 81 
 
 resa at tlie p^ate of ilio rruiiropDlis. Wliile it is uncertain 
 what a yoar may l)viii<^ forth, tlinro are now seemingly some 
 grounds for this growing confidence. We have unrjuestion- 
 ahly liere, in the harbor of New York, tlie most extensive and 
 complete quarantine establishment in the world, — an estab- 
 lishment which, properly c(mducted, affords every guaranty 
 against the inroads of jjcstilenee which human exj)erience 
 and forethought can devise. It is true tliat the artificial 
 island system necessitated heavy expenditures, yet the since 
 low rate of cholera mortality bears striking testimony to the 
 wisdom, of our predecessors." 
 
 Prior to the appointment of Dr. Swinburne, the quaran- 
 tine facilities had been located on the mainland, to which 
 the people were violently opposed, going to such extremes 
 as to destroy the buildings used. When the health-officer 
 proposed the erection of the two artificial islands in the bay 
 for quarantine, the celebrated New- York engineer, Craven, 
 declared the scheme eutopian, impracticable, and simply im- 
 possible of carrying out. He was consulting engineer to the 
 health-officer, and was the projector of the Croton Water- 
 works, and chief engineer of the works up to the time of his 
 death. When the work was well under way, and no longer 
 a question of doubt, Mr. Craven declared it was the grandest 
 piece of engineering skill of the age. The upper island w^as 
 nameti Hoffman's Island by the commissioners, in honor of 
 the governor under whose administration it was constructed ; 
 and, by act of the Legislature, the lower island was named 
 Swinburne Island Hospital. These artificial islands, con- 
 structed in accordance with the recommendation of Dr. Swin- 
 burne, were the first of that nature ever undertaken. 
 
 In 1872, two years after Dr. Swinburne's time, what was 
 known as West Bank Hospital was, b}' an act of the Legisla- 
 ture, " hereafter to be known and designated as Swinburne 
 Island Hospital," in honor of the efficient officer who had 
 established it. For two 3'ears after this enactment. Dr. Van- 
 derpoel persisted in calling the island West Bank ; and it 
 was not until the Legislature, by a resolution twice adopted, 
 unanimously insisted on the island being named as the Legis- 
 lature had directed, — ''Swinburne Island Hospital," — that 
 
82 A TYPICAL AMERICAN. 
 
 the commissioners were able to compel the health-officer to 
 comply with the law. Dr. Vanclerpoers attorney has since 
 stated that that official had agreed with Gov. Dix, that, if he 
 would re-appoint him health-officer, the island should be 
 named Dix Island. The governor fulfilled his part of the 
 agreement, but the health-officer was prevented by the Legis- 
 lature from carrying out his part. 
 
 The islands, as sliown in the illustration, are Swinburne 
 Island, with Hoffman Island farther up the bay, and Staten 
 Island in the background. The two islands are of the same 
 size and construction, with the exception of the buildings. 
 Swinburne Island is located on the lower bay, about two and 
 a half miles south of Fort-Thomjjkins Lighthouse at the Nar- 
 rows, and about two and a third miles from the Elm-Tree 
 Lighthouse on Staten Island. The foundation is hexagon in' 
 form, two of the sides being two hundred and sixty feet in 
 length, the other four one hundred and sixty-one feet. The 
 exterior of the crib-work is thirty feet in width at the base, 
 twenty feet at the top, and twenty feet in height, and is con- 
 structed of large timbers firmly fastened together and filled 
 with small stones, the whole surrounded by a riprap of 
 heavy stones. The superficial area of the structure is about 
 two acres, while the area at the base of the riprap is over 
 three acres; the extreme length at the top being five hun- 
 dred and four feet, and two hundred and twenty-eight feet 
 in width. To construct the island, nine thousand cubic feet 
 of timber were required, and seventeen thousand cubic yards 
 of stone in the riprap, five yards of stone to fill the crib, 
 and fifty-six thousand four hundred j^ards of sand to fill the 
 space enclosed by the crib-work. 
 
 On Swinburne Island there are eight hospitals, each eighty- 
 nine feet long, twenty-four feet wide, and twelve feet three 
 inches from floor to ceiling, and all connected by a covered 
 corridor. To supply the island with fresh water, there are 
 twenty-two cisterns, capable of holding forty-four thousand 
 gallons of water; the whole of the buildings being lighted 
 with gas manufactured on the island from gasolene. 
 
 The contract bid for the carrying-out of this experiment, 
 
^ m 
 ^ I 
 
 w 
 
 r 
 
 > 
 
 'I I i 
 
 
 ""^sX ^ 
 
 
 li 
 
JIONEST AND FAITHKUL. 88 
 
 never before tried in any harbor, was $310,618, and no more 
 tlum that anKjunt was paid. 
 
 In Chapter 733, " Laws of the State of New York, 1872," 
 it was enacted, " And the lower of the West Bank Islands, 
 built under the direction of Dr. Swinburne, shall hereafter 
 be known and designated as Swinburne Hospital Island." 
 
 One of Dr. Swinburne's successors, persisting in calling the 
 island Dix Island, and publishing diagrams of the island with 
 that name in his reports, and also in the first volume of the 
 "Report and Papers of the American Health Association," 
 published in 1873, the Hon. Mr. Vedder, on Jan. 23, 1874, 
 offered the following in the Assembly: — 
 
 Whereas It is provided and declared in and by Chapter 
 733, Laws of 1872, that the lower of the West Bank Islands, 
 built under the direction of Dr. Swinburne, shall hereafter be 
 known and desigiuited as Swinburne Island Hospital; and 
 
 Whereas The health-officer, in his report to the commis- 
 sioners, in their report to the Legislature for said year, in 
 disregard and defiance of said legislative provision and 
 declaration, did refer to and designate said hospital other- 
 wise than by its true name, thus tending to produce confu- 
 sion in the records of the State ; and 
 
 Whereas The Legislature at its last session, by joint reso- 
 lution of the Senate and Assembly, did direct that the said 
 report of the commissioners and health-officer should be so 
 amended by striking out the name given by them to said 
 hospital in said report, inserting in place thereof its correct 
 statutory name, and also directed that in all reports and 
 papers said island should be designated as Swinburne Island 
 Hospital ; and 
 
 Whereas The said health-officer and commissioners, in fur- 
 ther disregard and defiance of said legislative provision and 
 declaration, have, in their annual report for the year 1873, 
 just submitted to the Legislature, again ignored said statu- 
 tory name of said hospital, and have therein designated the 
 same b}^ a name of their own selection, not sanctioned by 
 law : therefore 
 
 Resolved (if the Senate concur) That the said last-men- 
 tioned reports be forthwith returned by the clerks of the 
 Senate and of the Assembly to the commissioners of quaran- 
 tine and said health-officer, and that they cause the same to 
 be amended bj' striking out said unauthorized name of said 
 hospital in said reports wherever the same occurs, and insert- 
 
84 A TYPICAL AMERICAN. 
 
 ing in place thereof the name given to said hospital in and 
 by the hiw aforesaid, and tliat they return the same to the 
 Senate, thus amended, within ten days from this date. 
 
 On Jan. 9, Mr. Prince, from the Committee on the Judi- 
 ciary, to whom was referred the resolution, reported in favor 
 of the passage of the same, which report was agreed to ; and 
 on Feb. 3 the resolution was reported as engrossed. 
 
 On March 18 the resolution was adopted by a vote of 
 sixty-seven in favor, to seven against. 
 
 The cost of this island, with the hospital thereon, was four 
 hundred and ten thousand dollars. The enacting by law, at 
 this time, that in the great port of New York there should 
 be a " Swinburne Island," was an unusual honor to bestow 
 on a man who had never aspired to political fame or prefer- 
 ment, and was intended as a mark of esteem that should be 
 enduring, and become world-wide in reputation. It was 
 voluntarily bestowed on the man who had conceived and 
 executed such a perfect safeguard to the State, because of 
 his faithfulness and honesty in the discharge of a duty 
 affording such Opportunities to plunder the people at large, 
 and the mercantile interests of the State of New York in 
 particular. During his term in the office, every report of the 
 commissioners contained eulogies of the most complimentary 
 nature of the health-ofScer ; and these but expressed the 
 views of the officials of the State in high positions, who were 
 the guardians of the mercantile and commercial interests of 
 the city of New York, and of the interests of the people at 
 large. 
 
 To peruse the reports during the period when Dr. Swin- 
 burne was health-officer, and then for a number of years after 
 he retired, is like being suddenly transformed from the genial 
 warmth of a balmy, invigorating day in June, into the cold, 
 dismal, and chilly breezes of a dark December night, — the 
 first abounding in praises of Dr. Swinburne : and the other 
 charging others prominent afterwards in the same respon- 
 sible position with defiance of law; trickery in plundering 
 the State of large amounts of money ; swindling the shipping 
 interests of the city, and the commerce arriving in New-York 
 
HONEST AND FAITHFUL. 86 
 
 harbor; using the State steamers for the collection of whip 
 news in tiie interest of the associated press, making no re- 
 turn of the moneys received to the State, and recommend- 
 ing the attorney-general tf) institnte an action for the recov- 
 ery of the same ; illegally collecting fees from merchants for 
 " medical attendance, and transporting the sick ;" the "divert- 
 ing " of money appropriated by the Legislature; and the 
 withholding of money due the employees of quarantine and 
 others. 
 
 If the quarantine established by Dr. Swinburne, and the 
 commissioners working in unison with him, saved the people 
 from plague, some of their successors determined that they 
 would be worse than seven plagues in plundering the State 
 treasury, and all with whom they had dealings. The virtues 
 of one man are better understood when placed in contrast 
 with the disreputable acts of another, as the fragrance of 
 the rose is enjoyed after the senses have been attacked with 
 the odor of Mephitis. In 1880, when the people began to 
 realize how they had been plundered during the last dec- 
 ade, it was a consolation to review the transactions at quar- 
 antine for the previous decade, and feel the assurance that 
 all men intrusted with great public interests were not rec- 
 reant to their duties, nor faithless to the people. 
 
 In their report in 1877, the commissioners said, — 
 
 " When the supply bill of 1870 was printed and made 
 public, not a little surprise was caused by the discover}' of 
 a clause which transmitted the power of appointing, dismiss- 
 ing, selecting, and licensing to the health-oflfieer. There- 
 upon followed the organized exactions down the bay, which 
 became such a terror to our mercantile interests during the 
 seasons of 1870 and 1871." 
 
 Under the general law of 1863, the commissioners had this 
 power, and, as they were ignorant of the changes, the natural 
 deductions are, that they were effected at the instance of the 
 then health-oflfieer. Dr. Carnochan, by means only those con- 
 versant with the manipulations of the lobby at Albany 
 understand, whose "interests"' in such affairs are alwaj-s 
 for those who have " designs," and are secured by " circum- 
 
86 . A TYPICAL AMERICAN. 
 
 stances." By this change it is apparent "in what a hurry 
 some persons were to become rich " as soon as an honest, 
 fearless man was out of the way, Dr. Swinburne being then 
 in Europe. The same report said, — 
 
 " When, in 1866, the law was passed providing for the 
 building of the artificial islands, it associated the mayors of 
 New York and Brooklyn with the commissioners of quaran- 
 tine in their construction. In 1873 a five-line clause in the 
 appropriation bill wiped out the connuission, and transferred 
 all its powers and funds to the then health-officer, Dr. Van- 
 derpoel, making him the construction board." 
 
 To effect such an unprecedented and outrageous proceed- 
 ing, there was unquestionably sinister motives to secure 
 a collusion necessarily fraught with such dangers as this 
 one was, and opening avenues to plunder. Such a power 
 Dr. Swinburne never asked, and it is doubtful whether any 
 honest man would covet it. By the statements of the com- 
 missioners themselves, who M'ere in political sympathy with 
 Dr. Vanderpoel, and not with Dr. Swinburne, the State 
 had reason, as did the merchants of New- York City, and 
 the owners and masters of vessels arriving in New York, to 
 mourn the change that had been made from good to bad, 
 and from bad to horrible. 
 
 The intention and purpose was to have no portion of the 
 quarantine on the mainland except the burying-ground ; and, 
 to this end, buildings for the rcbidence of the health and 
 other ofBcers were erected on Hoffman Island. 
 
 Of these islands and quarantine, the commissioners said, — 
 
 " The year which closes with the date of this report has 
 witnessed the completion of the new hospital on West Bank 
 (Swinburne Island). It may be justly regarded as one of 
 the most important and successful undertakings ever entered 
 upon by the State. The magnitude of the structure, and 
 the obstacles which have been encountered in its erection, 
 have been very little understood by the public; and but few 
 know the extent of the provision which has been thereby 
 made for the care of the unfortunate victims of disease who 
 are brought to our shores." 
 
 When these were completed, the Legislature, in 1873, when 
 
HONEST AND FAITHKI'I.. 87 
 
 it centralized all power in tlie liealth-ofTicer, appropriated a 
 hundred and twenty thousand (h)llar.s for new grounds and 
 residences for the health-officer and his assistants upon Stateu 
 Island; and Hoffman Island, with its three massive brick 
 buildings, became solely a place of detention for well pas- 
 sengers ; and thus property costing the State at least four 
 hundred thousand dollars, and how much more is not known, 
 became practically of no benefit. ]n 1876 and 1877 the 
 commissioners suggested that the quarantine residence and 
 connecting property on Staten Island, which had cost the 
 State a hundred and seventy thousand dollars, be sold, and 
 the headquarters of quai'antine be transferred back to Hoff- 
 man Island, where the original intent was to establish them. 
 Certain it was that to have every part of quarantine as far 
 from populated districts as possible was a wise, humane, and 
 judicious scheme; and no other motive than the supplying of 
 jobs could have been tlie foundation for having a new resi- 
 dence erected on the mainland. 
 
 Dr. Swinburne's successor, Dr. J. M. Carnochan, in his 
 report for 1870, said, — 
 
 " The completion of the new hospital at West Bank (Swin- 
 burne Island ) has removed one of the greatest defects in the 
 quarantine establishment at the port of New York. The old 
 hospital ship, which had been in use since tlie destruction of 
 the quarantine buildings on Staten Island, beside being ill 
 suited to the care and treatment of the sick, had accommoda- 
 tions for a very limited number of patients, and, Avhen over- 
 crowded, was no doubt greatly detrimental to the lives and 
 health of the patients, attendants, and nurses who were 
 obliged to remain in the poisoned atmosphere of a crowded 
 vessel. The value and importance of the new hospitals, and 
 their adaptation to the necessities of quarantine, were fully 
 apparent in the ejiidemic on Governor's Island, to M"hieh I 
 have already referred. They afforded means for the prompt 
 removal and isolation of the sick from the vicinity of the city 
 to a place where they were surrounded witli every comfort. 
 While the new hospital at West Bank may be considered one 
 of the most important additions that could have been made 
 to the quarantine establishment, it is not less necessary that 
 the other structures intended as a place of detention for those 
 who have been exposed to contagious and infectious dis- 
 
88 A TYPICAL AMERICAN. 
 
 eases should be completed without delay. . . . There is no 
 doubt that in previous years many valuable lives have 
 been sacrificed for the want of a place to which those who 
 had been exposed to infection or contagion during the voy- 
 age could have been transformed immediately upon their 
 arrival at quarantine." 
 
 And in his next report he adds, — 
 
 " The present quarantine hospital at West Bank has an- 
 swered admirably the purpose for which it was intended, 
 and may be justly regarded as the most important addition 
 which could have been made to the quarantine establishment. 
 The pure air of the lower bay, the perfect ventilation of the 
 hospitals, as well as the care and attention bestowed upon 
 the sick, have all combined to promote their recovery and 
 convalescence ; and it is not too much to say that during the 
 year many lives have been saved which formerly would, no 
 doubt, have been sacrificed." 
 
 This gentleman's term, which for reasons it was thought 
 would be of benefit to the State, was limited to two years, 
 and the appointment of Dr. S. Oakley Vanderpoel followed. 
 Of this official, the commissioners, after five years' inter- 
 course with him, said, — 
 
 " So long as the remuneration of the health-officer is left 
 to exactions upon commerce in the shape of fees, just so long 
 will he seek to retain as large a portion of the fees as possi- 
 ble for himself, and pay out as little as possible for the State; 
 and if the keeping of the quarantine establislunent in re- 
 pair is to be thus left to his generosity, or to his biassed 
 sense of its necessities, it will not be long before the State 
 property will go to ruin." 
 
 During the three years following the administration of Dr. 
 Swinburne, when first Dr. Carnochan and then Dr. Vander- 
 poel were the incumbents, there was an annual expenditure, 
 amounting in the three years to $110,000, for the health- 
 officer's residence, grounds, furniture, etc., — an amount ex- 
 ceeding the entire appropriation for quarantine for the two 
 years of 1864 and 1865 under Dr. Swinburne. 
 
 In referring to the property at Clifton, Staten Island, — for 
 the purchase of which, and the erection of buildings thereon, 
 the Legislature in 1873 made the appropriation, — the commis- 
 
HONEST AND FAITHFUL. 89 
 
 sioners intimate, iliat, after the ainoiiiit ;ii)])i()j)i-iat('(l was ex- 
 pended, the th(Mi health-olTicei's (Dr. VaiidiMpoel^ interest in 
 keeping his residence in good condition vanished, and his 
 ardor cooled. They report in 1878, "Since; tlien (1875) the 
 commissioners have expended little or nothing npon these 
 gronnds ; and, inasmuch as the health-officer has devoted no 
 portion of his revenues to keeping up tlie property, it is in a 
 dilapidated condition." About two hundred feet of the sea- 
 wall fronting the grounds had been undermined, and fell, 
 owing to the removal by the health-officer of gravel between 
 it and low-water mark, to cover the walks around his resi- 
 dence, at a loss to the State of over $2,000. 
 
 Twice during his term was Dr. Vanderpoel the subject of 
 investigation by legislative committees, — in 1873 and 1876. 
 And at these investigations it was developed, " that in 1873, 
 while the duties of health-officer had greatly fallen off, the 
 expenses of quarantine had nearly doubled, being over 
 $70,000 a year ; that the expense of furnishing the health- 
 officer's house, and of paying the quarantine employees, had 
 been laid on the State instead of on the health-officer; that 
 the expenses had risen from $60 per patient in 1866, to 
 $1,500 per patient in 1872 ; that the services rendered to 
 vessels by the quarantine tugboats, the revenue from which 
 should have been turned over to the State treasury instead of 
 into the health-officer's pocket, was reduced by Dr. Vander- 
 poel one-half ; that over $600,000 had been spent in partly 
 finishing one of the islands in the lower bay, when $160,000 
 was ample to complete both islands ; that the State was 
 made to pay over $20,000 per year for steamboats used in 
 examining vessels, which should have been paid out of the 
 health-officer's own fees ; and that the employees of the 
 State were utilized in fumigating vessels (the fees of which 
 amounted annually to a very handsome competency), making 
 the State pa}^ $20 per week for a fishing-yacht, 'Gertrude,' 
 besides charging the commissioners of emigration $75 per 
 month for allowing their agent to use a quarantine boat in 
 going on board emigrant vessels as a boarding-officer."' In 
 the investigation of 1876 it was claimed that the health- 
 
90- A TYPICAL AMERICAN. 
 
 officer, Dr. Vanderpoel, had by some means secured appro- 
 priations amounting to $702,000, of which 1690,000 had in 
 some way been spent for liis benefit; and tliat 1139,000, 
 phiced at his disposal for the construction of quarantine 
 islands and buildings, had not been accounted for; that he 
 had used the State tug " Fenton" to collect ship news from 
 incoming vessels, receiving therefor i4,000 a year, which was 
 pocketed, and by this speculation, five men, who formerly did 
 this work, were thrown out of employment, and their families 
 tlius deprived of support ; and that for the use of the yacht 
 " Gertrude," worth but -$2,500, the State was charged $5,000 
 per year ; that the State wells, engines, and machinery in 
 pumping water, which was sold at $20 per month, had been 
 used without proper credit; that twenty-five tons of hay had 
 been mowed in the burying-ground, and the money for which 
 it was -sold retained; and that also anchors, chains, etc., had 
 been sold in the same way. 
 
 During the administration of Drs. Carnochan and Vander- 
 poel, it was repoited that $760,000 had been expended to 
 complete the buildings and facilities at quarantine; but all 
 there was to show for the expenditure of this heavy amount, 
 in further improvements than those completed by Dr. Swin- 
 burne, was a boarding-station on Staten Island, worth less 
 than $20,000, and three brick buildings on Hoffman Island, 
 which could have been constructed for less than $30,000, 
 much of the $700,000 mysteriouslj^ disappearing under the 
 administration of the "new construction board," or one-man 
 management, — a natural result where a scrupulous scientific 
 officer of executive ability was removed to make room for 
 one lacking in these requisites as a public officer. 
 
 There was nothing of this nature ever intimated against 
 Dr. Swinburne, who persistently refused, while health-officer, 
 to handle one dollar of the State moneys, insisting that the 
 commissioners of quarantine, and the construction board, 
 were the proper parties to handle the funds ; and therein lays 
 the sequel why one health-officer possibly grew so rich in a 
 short time, while the other, after many years of arduous duty 
 in the same position, retired comparatively poor, he having 
 
FIONEST ANF) FAITHFUL. 1)1 
 
 exi)ei)(lc(l over |>00,000 of liis own funds, ;it a tiinf; when 
 gold was worth from two Imndred to two hundred and eighty, 
 in the work he accomplished, — a snm for which tiic State 
 has never reiinhnrsed liim. Tiie two artificial islands sug- 
 gested by Dr. Swinhnrne were completed at the time he whs 
 superseded by Dr. Carnoehan. On Swinburne, the lower 
 island, all the buildings were erected, furnished, and com- 
 pleted with the exception of painting, and Hoffman Island 
 made ready for the buildings, at an aggregate cost of -iisTSO,- 
 000. When this scheme was proposed, it met with strong 
 opposition from the press, some of them styling the proposi- 
 tion as "Swinburne's folly," and for a time from tlie Legis- 
 lature, on the ground that the outlay would amount to over 
 $3,000,000 for the construction of this stupendous under- 
 taking. These two islands were built in about twent}^ feet 
 of water, at low-water mark, with three thousand miles of 
 ocean beating against them, and averaging over three acres 
 of land each. Among the pajjers to oppose the undertaking 
 was the "New- York Herald," which years afterwards, when 
 the cholera was discovered among the troops on Governor's 
 Island, assured the public that ample provision for the sick, 
 and the safety of others, was provided in the "salubrious 
 little Swinburne Island." 
 
 In their report dated Jan. 31, 1876, six years after Dr. 
 Swinburne, the suggester and propagator of the scheme for 
 the erection of artificial islands for quarantine, had been 
 superseded, the commissioners said of Swinburne Island 
 Hospital : — 
 
 " When this artificial structure, having a surface base of 
 three acres, was undertaken below the IN arrows, many were 
 of the opinion that it would not withstand the action of the 
 tides and currents, and vast bodies of ice which at certain 
 seasons of the year are discharged through the Narrows. 
 These fears hav^e not been realized. With some repairs, the 
 foundations of the island are as firm as when first laid." 
 
 To recapitulate briefly. During the six years that Dr. 
 Swinburne held the position of health-officer of the port of 
 New York, the appropriations aggregated ^861,027.19, out of 
 
92 A TYPICAL AMERICAN. 
 
 which was expended, on the ishmds and buildings, $750,000, 
 and for whicii the State holds that amount of property, with 
 the exception of certain furniture and other movable articles, 
 valued at $25,000, supposed to have been spirited away by the 
 rats since 1872. For the succeeding six years, under Cai-no- 
 chan and Vanderpoel, the appropriations aggregated $1,264,- 
 478.16, or $403,450.67 in excess of the previous six years; 
 and for this outlaj'^ the State has not exceeding fifty thousand 
 dollars' worth of property. 
 
 During his term as health-officer, Dr. Swinburne was but 
 once summoned before a legislative committee. In 1868 com- 
 plaint was made against him, and a committee appointed and 
 instructed to investigate the office of the health-officer of the 
 port of New York relative to his duties. The report, after a 
 thorough investigation, was submitted March 18, 1868, and 
 not only exonerated Dr. Swinburne, but complimented him 
 on his open frankness, and willingness to have his department 
 investigated. The seven members of the committee signing 
 the report said, " Dr. Swinburne promptly responded to the 
 notice, expressing an entire willingness that his official acts 
 should be subject to the fullest scrutin}^ and investigation. 
 Your committee proposed such general inquiries as seemed 
 to be necessary to elicit such information as would enable 
 them to determine whether there were any abuses, with 
 the administration of his duties, which might be proper sub- 
 jects of legislation. That the answers submitted by the health- 
 officer to these inquiries satisfied your committee that there 
 were many burthens imposed upon commerce in the adminis- 
 tration of quarantine in the port of New York which very 
 justly form the subject of complaint on the part of those en- 
 gaged in it, but for which your committee is satisfied the 
 health-officer is not responsible." 
 
 The report of the commissioners for last year (1884) asked, 
 in view of the threatened appearance of cholera on our shores, 
 for an appropriation of $24,500 for quarantine ; and the New- 
 York papers pertly remarked, " Give them the money, and 
 call back the old officials," — a very natural request where 
 the health of the people is in great danger, and one which 
 
HONEST AND FAI'I'IIFUL. 93 
 
 illuistnites that even political journalists believe at tinies in 
 the doctiino of "the survival of the fittest" when the health 
 of the people is in iuiniiuent daii^^er. And one of the leading 
 journals of New York, in connnenting on the request, said, 
 "Give them the appropriation, and then call back some of 
 the old quarantine officials," — a very direct recommenda- 
 tion of Dr. Swinburne, and the commissioners with whom he 
 acted w^hen the country was before threatened with cholera. 
 The health-officer, in his report last year, said, — 
 
 "There is a saying that 'like causes jjvoduce like effects.' 
 If this adage is necessarily true, then cholera will certainly 
 secure a lodgment at some place in our country in the 
 near future. The same causes which have existed on other 
 occasions of this dreaded disease's approach to our shores 
 doubtless exist now. It is the same disease that has decimated 
 our population in times past. We have held the same and 
 greater commercial intercourse with the stricken peoj)le in 
 many localities. An immigration has existed for the year 
 past, and still continues, far in excess of that which obtained 
 during any previous invasion of cholera. 
 
 " But, if like causes operate now to produce like results, 
 those causes are better understood than formerly. The sani- 
 tation of ships is more intelligently conducted, at least, tiian 
 in the earlier visitations of the diseases. The agents believed 
 to act as germicides or disinfectants are better understood. 
 The cleansing of ships, and the disinfection of cargoes and 
 baggage, are more thorough and efficient, because the agents 
 employed can be more easily manipulated, moi-e readily con- 
 trolled, and therefore successfully applied. Hence there is 
 reason to hope that the disease, if not controlled where it 
 has already developed, will be arrested at our maritime quar- 
 antines." 
 
 The condition of the quarantine of New York prior to the 
 appointment of Dr. Swinburne and the removal of Dr. Gunn 
 may be inferred from an editorial in the " American Medical 
 Times " of Aug. 9, 1862 : — 
 
 "It has been well said of tlie commissioners of health, 
 that they 'perform the same relative service in regard to 
 the public health as would a fifth wheel in the progression 
 of a coach.' The principal duty assumed by the health com- 
 missioners is the supervision of the quarantine. There is 
 
94; A TYPICAL AMERICAN. 
 
 here a wide field for useful labor, did they but apply them- 
 selves industriously and conscientiously to the interests 
 committed to their cliarge. It is but too well known that 
 gross abuses have always existed in the manao-ement of our 
 quarantine. The confidence of the public in that board, 
 never strong, has been greatly weakened by its recent action, 
 which sent yellow-fever afloat in this community. If we ac- 
 cept the intimations of the ' Richmond-county Gazette,' this 
 body is negligent of its duties, and allows the quarantine to 
 be so managed as to render the occurrence of an epidemic 
 of yellow-fever this summer not improbable. Vessels are 
 allowed to come to the upper quarantine station with yellow- 
 fever on board, and, immediately after the removal of the 
 sick, the vessel has discharged its cargo at our wharves. Tlie 
 conviction is firm, and rooted in the popular mind, that all of 
 these organizations are subservient, not to the public interest, 
 but to the interests of individuals or of party. And this con- 
 viction is not based on any trivial circumstance, but has been 
 the growth of years of observation of the grossest official 
 malfeasance. They have seen a terrible epidemic approach 
 the city with steady step ; but no barrier was raised to stay 
 its progress, because the proper authority did not care to call 
 together the Board of Health, justly esteeming the latter more 
 dangerous to the public health than the former. It will re- 
 quire something more than mere assertion to make it evident 
 that the health commissioners do little else than give official 
 sanction to the extortions of the health-officer." 
 
 In another article, the "Times," in an editorial on the pros- 
 pect of health reform in New York, said, — 
 
 "Quarantine, managed for the pecuniary benefit of the few, 
 is become a formidable obstruction to commerce, but a ready 
 method of introducing epidemic diseases directly to the city. 
 Disease of every form and variety stalks abroad unchecked 
 and unrestrained by the ignorant and corrupt officials who 
 disgrace the health department." 
 
 The " Richmond-county Gazette," in 1862, in commenting 
 on the defeat of the New- York health bill by the Legislature, 
 said, — 
 
 "We don't blame Dr. Gunn so much as Mr. Opdyke, if 
 at all, seeing that he had a motive which, leaving supreme 
 selfishness out of the question, might be called a candid one. 
 His pocket was in interest to defeat the bill for at least an- 
 
HON EST AND FAITHFUL. 95 
 
 otlier yciir, should liLs good luck in diawing the prize of rich 
 office continue under the next governor, as it htiH for four 
 years under the j)resent. Dr. (iunn woidd have received, 
 under the bill, about -'110,000 for the year. liy its defeat he 
 is secured in $30,000 gross, and at lea^t *20,000 or $25,000 
 net revenue." 
 
 "To put the right man in the right place would be a novelty 
 in the history of quarantine," said the "American Medical 
 Times." That was exactly what Govs. Seymour and Kenton 
 did in appointing Dr. John Swinburne, as the history of 
 quarantine before and after his term as health-officer undeni- 
 ably demonstrates. That the right man was in the right 
 place during Dr. Swinburne's term, was attested not only by 
 the reports of commissioners years after liis removal, but by 
 the Board of Health in 1873, wlien, in their report for that 
 year, in giving the death and sick rates of the metropolitan 
 and police districts of New York for the year, they said that 
 in 1867, 18G8, and 1869 it fell to a minimum rarely if ever 
 reached in that city ; the mean riitio for these three years 
 being equivalent to about 26 in 1,000 annually, in a total 
 population of 985,100, while in 1873 it was 29, in apopuhition 
 of 1,000,000. During that period. Dr. Swinburne was, by 
 virtue of his office as health-officer, a member of the Board of 
 Health, and during 1867 had to meet small-pox, cholera, and 
 yellow-fever arriving from a large number of infected ports. 
 It was of 1869 that the commissioners said, "These statistics 
 are without a parallel in the history of quarantine," and in 
 1870 said, "The scourge of cholera made 1866 and 1867 
 memorable in the history of quarantine." 
 
 A most remarkable instance in his term at quarantine, and 
 illustrating how thoroughly he was qualified to be the " right 
 man in the right place," was, that during the entire time 
 there was not a death from any of the diseases he met at 
 quarantine among the employees, and no cases of sickness 
 that he had heard of coming from the diseases, notwithstand- 
 ing it was their duty to care for the sick, bury the dead, 
 and cleanse and fumigate the vessels on which sickness liad 
 existed. 
 
CHAPTER VIII. 
 
 UNDER TWO FLAGS. 
 
 Winning Laurels in other Lands. — Siege of Paris. — American Ambulance. — 
 Only Successful Surgeon. — A Touching Scene. — Always at the Front. — 
 Distinguished Installation. 
 
 The change of scenes in the great drama of life, in which 
 men and women are the actors, and where only the angels are 
 allowed to be lookers-on, passed so rapidly, and presented in 
 such rapid succession this remarkable and eminent man in 
 the leading rdle^ that one is almost persuaded to believe that 
 the presentation is the production, by the dramatist, of a 
 mythical character drawn from the imagination. With a vast 
 majority of human beings, the excitement, philanthropy, and 
 danger attending the career of Dr. Swinburne, as recited in 
 the chapters already given, would have been sufficient, in the 
 life of any single individual of the most thoroughly patriotic, 
 philanthropic, and American impulses, to afford material for 
 a biography replete with thrilling incidents and eminent 
 achievements. But the events following those already recited 
 furnish a still more intensely notable period, eclipsing any 
 previously enacted, and winning again for him a crown of 
 glorj^ in other lands, of which every American may feel justly 
 proud. 
 
 Among the galaxy of names adorning the history of this 
 nation in patriotism, science, the arts, and literature, a page is 
 reserved and a niche provided to commemorate, as one of the 
 most brilliant, the fame of Dr. John Swinburne. 
 
 Of a clear night, when one turns the eye heavenward, the 
 vision beholds the whole arch above studded with stars, 
 sparkling as so many diamonds, each reflecting a greater or 
 lesser degree of brilliancy. They are all stars, and differ only 
 in their magnitude, while the number is countless; but, of all 
 
UNDKR TWO FLA(iS. 97 
 
 these constellations and celestial bodies moving around each 
 other, there are but comparatively few sufTiciently grand to 
 have specially called the attention of astronomers and the 
 world. Occasionally, among these dwellers in ethereal space, 
 there appears a comet, whose advent is a matter of wonder- 
 ment, and whose luminous train presents a magnificent track 
 over which it has passed, obscuring the others. More bril- 
 liant it grows as it approaches its zenith, and then passes 
 away, leaving an enduring remembrance of its magnitude and 
 beauty. So it is with the dwellers on this terrestrial globe : 
 some reflect no beauty; others, but a scarcely perceptible 
 twinkling ; while others are like the swift-darting stars, mov- 
 ing from one point to another, steadfast as the sun, and whose 
 lives on earth leave a course behind them as brilliant as the 
 comet, and as clear as the Milky Way. This class is limited. 
 Only to a ver}^ few is it given to attain permanent brilliancy, 
 and to be noted almost simultaneously in many nations and 
 on two continents. Among this class we believe unwritten 
 history for ages to come, both in this nation and in Europe, 
 will enter the name of the man of whose valor on the field of 
 battle for the preservation of his nation, of whose eminence 
 and skill as a physician and surgeon, and of whose scrupulous 
 honesty, executive ability, and superior science in a great 
 official public position, we have been reciting a few incidents 
 taken from actual life, and not drawn from imagination. 
 
 Having been taken a prisoner of war, witnessed the misery 
 there endured, and felt all the gnawings of privation and hun- 
 ger, it would be but natural to suppose that an exercise of dis- 
 cretion, said to be the better part of valor, would prevent him 
 from again placing himself where he would possibly have to 
 re-endure the same hardships. Yet, strange and anomalous 
 as it may appear, this skilled physician and surgeon, with the 
 recollections of his last military campaign as a prisoner of 
 war, from which he had not wholl}' recovered, and but re- 
 cently relieved from official duties amidst pestilence and dis- 
 ease, voluntarily enters a city in another nation, whose walls 
 were being surrounded by an enemy, to give by his skill aid 
 to the sick and wounded, with no music but the tramp of 
 
98. A TYPICAL AMERICAN. 
 
 armed hosts, the bellowing of cannon, the bursting of shell, 
 and the shrieks of the wounded and dying. 
 
 When superseded as health-officer of the port of New York, 
 at the opening of the reign of plunder under which New- 
 York State suffered under Tweed, he returned to Albany, 
 the city of his former residence, where he met with a recep- 
 tion and greeting such as is accorded only the eminent and 
 great. Among the first to give him a cordial greeting was 
 the Albany Medical Society, who, to reflect public sentiment, 
 and to express the honest feeling of the profession of the 
 county at an official meeting on Feb. 7, 1870, unanimously 
 adopted the following preamble and resolution : — 
 
 " Whereas This society has been informed that Dr. John 
 Swinburne has purchased his former dwelling-house for the 
 purpose of removing his residence to this city : therefore 
 
 " Resolved That the Albany-county Medical Society has 
 heard with pleasure of his intended return, and extends to 
 him a cordial welcome, and that the president and secretary 
 are requested to write him a letter expressive of these senti- 
 ments of this society." 
 
 At the time of the adoption of this resolution, none better 
 understood the ability, character, and standing of Dr. John 
 Swinburne than this society of medical men, holding all 
 kinds of political views ; and, when the letter was received 
 by him, it bore the signature of almost every member of the 
 society. 
 
 The active life of constant professional anxiety, of unre- 
 mitting toil and excitement, which he had passed through 
 during the previous decade, had necessarily strained his ner- 
 vous system to more than an ordinary tension ; and, when the 
 hour of relief arrived, it was natural, at the thought of re- 
 sponsibility being lifted from his mind, that, nature asserting 
 its rights, he should desire relaxation and rest for a time; and, 
 seeking a change of scenes, he left for a trip through Europe. 
 But the fame of the great surgeon and physician had pre- 
 ceded him ; and, soon after his arrival in London, he was 
 apprised of the fact that his skilful services in the cause of 
 humanity were as anxiously sought in the Old World as they 
 
UNDER TWO FLAGH. 99 
 
 were in the New. A new theatre of action was opened, upon 
 which he entered, tliat gave a cliange of scenes pre-eminently 
 more exciting than he sought, if it did not afford the recrea- 
 tion and rest he crossed the Atlantic to secure. 
 
 At this period, war, with all the horrors the doctor so well 
 understood, was spreading over the fruitful valleys and along 
 the beautiful rivers of France; and two nationalities, for 
 whom the great American physician and surgeon entertained 
 a feeling almost akin to that he felt for his own countrymen, 
 were slaying each other in bloody conflict. When the clouds 
 of war were gathering, and the murmurs were portentous of 
 what followed, a large meeting of American citizens residing 
 in Paris was held in that city on July 18, 1870, when it was de- 
 cided that they as non-combatants would organize a system of 
 " Help for the Wounded of All Nations" on strictly humanita- 
 rian grounds, and elected as an executive committee Thomas 
 W. Evans, M.D. (president), Edward A. Crane (secretary ),Col. 
 James McKaye, Albert Lee Ward, and Thomas Pratt, M.D. 
 As late as the 26th of August neither the French minister of 
 war nor the representatives of foreign governments would 
 guarantee to recognize the proposed American ambulance at 
 any headquarters, asserting no special passports could be ac- 
 corded it, and adding that all movements made by the ambu- 
 lance must be at its own risk and that of its personnel. 
 Besides these obstacles, there was a feeling among the French 
 soldier}^ that all foreigners not attached to some branch of 
 the French army were Prussian spies. This was the condition 
 of affairs when three members of the committee, indorsed 
 by Minister Washburn, visited London, and solicited Dr. 
 Swinburne to accompany them to Paris and voluntarily take 
 charge of the American ambulance, and introduce, for the 
 sake of humanity, his system of conservative surgery which 
 had proven so great a boon daring our civil war. It must, 
 in this connection, be remembered, that every service to be 
 rendered was to be voluntary, each person attached to the 
 ambulance bearing all his individual expenses. Because of 
 discouragements, the zeal in the movement had largely sub- 
 sided ; but on the appearance of the committee in Paris, ac- 
 
100 A TYPICAL AMERICAN. 
 
 companied by Dr. Swinburne, a new vigor was infused into 
 the movement, and it was restored to its activity. The doc- 
 tor, when appealed to, did not stop to consider the merits of 
 the questions over which these nations were exercised, and 
 which they were endeavoring to settle by the cruel arbitra- 
 ment of war: he thought only of the sick and wounded, 
 who would " no longer be soldiers, but men," and, accepting 
 the call, repaired to the gay capital, a city of excitement 
 and communism, to take charge of the American ambulance. 
 From his arrival in Paris on Sept. 7, 1870, to March 18, 1871, 
 during the Franco-Prussian war, he found an ample field for 
 the exercise of his natural promptings of humanity, tender- 
 ness of feeling, and skilful abilities, all of which he exercised 
 in such a manner as to win not only the praises of the French 
 themselves, but of their enemies and all Europe, and to be 
 honored with a rank such as few foreigners were ever ac- 
 corded by the French Government. 
 
 During his stay there, times were unusually exciting, even 
 for Paris : the empire v/as destroyed, and the republic estab- 
 lished ; the cry of " Vive I'empereur! " turned to bitter curses 
 against the emperor and all his officers ; and the air was 
 made to resound with the cry, "Vive la rdpublique! A bas 
 I'empereur!" "The gayest city in all the world" became 
 transformed into one of the most extreme suffering, the resi- 
 dents being reduced to the eating of horse-flesh and similar 
 food. In the winter season it was almost impossible to pro- 
 cure fuel, the inhabitants dying of cold and starvation. To 
 these sufferings were added the prevalence of small-pox. No 
 person within the walls of Paris, during that period of suffer- 
 ing, lived without enduring some, if not all, of these hard- 
 ships, besides being constantly subject to slaughter by a 
 communistic outbreak, or death from the bursting shells con- 
 stantly falling in the city. 
 
 From the closing of the gates on the 18th of September, to 
 the capitulation and surrender in January, the heroic doctor 
 was ever alert and at work. The scenes of want were hor- 
 rible and beyond description, with no meat or solid food 
 to eat excep horse-flesh and fat, the disagreeable odor which 
 
UNDER TWO FLAGS. 101 
 
 it gave out, while cooking, haunting the wliole city. Half 
 the northern portion of the city had been transformed into 
 ambulances, and places for the care of the sick and wounded, 
 the Grand Hotel being turned into a huge hospital. The 
 continuous fall of shells in the city, often bursting among 
 the hos[)itals and ambulances, killing the sick and wounded 
 and their attendants, was a trying ordeal for the non-com- 
 batant volunteer American surgeon. The condition of that 
 city where "our" philanthropic surgeon was performing 
 voluntary service such as to excite the wonder of the people, 
 and the admiration of the profession, may be faintly surmised 
 by the state of affairs when the years 1870 and 1871 came 
 together. For the last week in 1870 there were 3,280 deaths 
 in the city, not including those in the hospitals, which were 
 crowded. From 400 to 500 deaths were caused by small-pox 
 weekly, while typhoid-fever and bronchitis were causing an 
 equally great mortality. At that time, for food, the butchers 
 bought large dogs at from 200 to 300 francs each, smaller 
 ones bringing proportionate prices; cats varied in price from 
 9 to 25 francs each ; and a pair of camels sold, for food, for 
 4,000 francs. 
 
 Dr. Swinburne, in the carrying-on of his work of mercy, 
 had the active co-operation of his countrymen residing in 
 Paris, and for his assistants chose men who were wholly 
 ignorant of medicine or surgery, but who were in financial 
 circumstances such as to enable them to devote their entire 
 time to the work, and bear their own expenses. His chosen 
 assistants were Frank M. O'Connell ; J. B. B. Cormack, son 
 of the physician in charge of the English hospital, who 
 desired that his son should be trained by the great Ameri- 
 can surgeon ; Louis Winfield, a brother of Lord Powers of 
 Powerscourt, Bray, Ireland; Gilead Peet, a literar}' student; 
 Joseph K. Riggs, a brother of the then prominent Washing- 
 ton (D.C.) banker, and Frank Riggs, a nephew, and now 
 banker in Washington, D.C. ; and the two Bower brothers, 
 proprietors of an establishment for the preparation and sale 
 of chemicals used in laboratories. These gentlemen were 
 absolutely ignorant of the methods to be used and the 
 
102 A TYPICAL AMERICAN. 
 
 services to be rendered by them in this new and voluntary 
 field, all of whom rapidly acquired a proficiency in the 
 treating of fractures and gunshot wounds, and the dressing 
 of wounds, thus practically illustrating the theory of Dr. 
 Swinburne in therapeutics, — that men whose minds were 
 free from the old established rules and ethics of ancient, 
 unenlightened, and traditional surgery, and who had not to 
 exhaust time in unlearning what they had studied, became 
 more easily better assistants. In a few days he had suc- 
 ceeded in making better assistants of these gentlemen than 
 many graduates of the Hotel Dieu, the greatest and oldest 
 hospital in Paris, after years of training in the dressing of 
 wounds, — a fact conceded by the French surgeons and the 
 people. Of one of these assistants, Joseph K. Riggs, a writer 
 quoted by Dr. Evans in his " History of the American Am- 
 bulance in Paris," said, — 
 
 " I never shall forget the surprise I felt on the yery day of 
 the affair at Chevilly, at seeing Mr. Riggs in the operating- 
 room, assisting Dr. Swinburne, then engaged in amputating 
 a thigh, and that with all the sang-froid of a veteran sur- 
 geon. Daily accompanying Dr. Swinburne in his visits, he 
 soon qualified himself to discharge all the duties of a sur- 
 geon's assistant, and became, perhaps, the most expert dresser 
 in the ambulances." 
 
 The work performed at the American ambulance was not 
 done in secret, and the eminent surgeon did not put his light 
 under a bushel. He was willing that all who were ready to 
 profit might see for themselves, being particularly willing, 
 the French journals said, to explain to the profession, and 
 those engaged in alleviating pain, this simple yet grandly 
 successful system of conservation in surgery. Among the 
 almost daily visitors to the American ambulance were 
 Minister Washburn, and the consul-general for the United 
 States, Gen. Reed. Gens. Burnside and Sheridan, while in 
 Paris, made frequent visits to the ambulance, expressing the 
 greatest pleasure at the successful work there being done. 
 Almost all the foreign notabilities who were admitted into 
 Paris during the siege, or arrived in the city after the sur- 
 
UNDER TWO FLAGS. 108 
 
 render, heard of and visited this aniljulance. Among other 
 prominent personages who honored it with tiieir presence was 
 the Arcld)ishop of Paris (I)arboy), "who, after expressing 
 his sincere thanks to tlie skilful surgeon Dr. Swinburne, who 
 performed the operations, and to those who aided him, who 
 brought as much of heart as of science to this generous work, 
 left, after blessing all the tents, and the gentlemen connected 
 with them," says "La Semaine Religieuse de Paris" of Nov. 
 26, 1870. 
 
 So universal had become the renown of the celebrated 
 American surgeon, and the work of the American ambu- 
 lance, that it seemed all Paris was desirous of paying homage 
 to those engaged there ; and it was no uncommon sight to 
 see thousands of people standing in the avenues, looking in 
 wonderment at the row of tents, one eye-witness stating that 
 the Avenue L'Impdratrice, eight hundred feet wide and three 
 miles long, was crowded from the Arc de Triomphe to near 
 the Bois de Bologne for nearly two miles every pleasant day, 
 to see what the Americans were doing. So loud were the 
 praises bestowed, that the attention of the government was 
 directed to it, and it became the object of many official visits, 
 one by the military governor of Paris. Of this visit, says 
 "Le Petit Moniteur" of Nov. 6, "Last Sunday Gen. Trochu 
 visited the American ambulance, and expressed his complete 
 satisfaction with the admirable installation of the dififereut 
 services, as well as with the care taken of the wounded." 
 
 After the close of the siege, and the declaration of peace 
 between Germany and France, Dr. Swinburne, on March 18, 
 1871, took his departure from Paris; but the ambulance, and 
 the gentlemen he had trained, remained, and did noble ser- 
 vice in the era of blood that followed and deluged that city. 
 Soon after his departure the gates of the city were again 
 closed, and a reign of terror and plunder inaugurated by the 
 nationalists and communistic elements, that continued with- 
 out cessation until the capture of the city by the govern- 
 ment. Men were arrested, and shot in cold blood, as was the 
 Archbishop of Paris, whose only crime was his exalted posi- 
 tion ; churches were sacked, the services stolen, the images 
 
104 A TYPICAL AMERICAN. 
 
 desecrated, and dressed in attire of the most diabolic and 
 wickedly brutal nature ; and priests and the best citizens 
 were thrown into prison. Nothing was wanting but the guil- 
 lotine to complete the horrors of this barbarous and hellish 
 state of affairs. The city was reduced to a condition of ab- 
 ject terror in which no man was safe in life or property : the 
 prisons were filled, the hospitals crowded with the sick and 
 the wounded, the atmosphere heav}^ with the shouts of wild 
 and maddened men and women, the streets red with human 
 blood, and the highways and public buildings mined, and pre- 
 pared for destruction ; for the commune had declared its in- 
 tention to blow up and set fire to Paris rather than surrender. 
 All avenues of escape were closed. Provisions were again run- 
 ning short ; and M. Theirs had declared he had shut up the 
 insurgents to perish like rats in their holes, while they, in 
 turn, had declared their resolution to die, if need be, amidst 
 the remains of their beautiful city. One scene in this carni- 
 val of death between the forces in the streets of Paris, and 
 the part the ambulance took in the affair, was given in the 
 "London Times," and afterwards incorporated in McCabe's 
 history. The writer said, " I waited in the entry of the am- 
 bulance for an hour. I saw for a quarter of an hour one 
 wounded man carried into the one I was near every minute, 
 for I timed the stretchers by the watch. Looking into 
 others, I could see the courtyards littered with mattresses 
 and groaning men." 
 
 Through all these scenes of blood and communism, the 
 corps trained by Dr. Swinburne were true to their teach- 
 ings to save, and continued their work of mercy. It was 
 during this state of affairs that one of his assistants, Frank 
 M. McConnell, at the personal risk of his own life, succeeded 
 in enabling over thirty priests to escape from the city by 
 attaching them to the ambulance, and attiring them as at- 
 tendants in the ambulance costume ; thus enabling them to 
 escape from the city, and thereby saving these Christian men 
 from horrible deaths at the hands of the bloodthirsty mob. 
 He was constantly in attendance on the archbishop up to the 
 time the good man was shot. 
 
UNDER TWO FLAGS. 105 
 
 What a hriglit picture tliis conduct of r3r. Swinburne and 
 his assistants, in working for humanity, presents, compared 
 to the dark and bloody record to blot the fair escutcheon of 
 American citzenship, as made by Cluseret and Whitton, the 
 only two leaders among the insurgents claiming to i)e Ameri- 
 can citizens ! The first were as that of angels from the re- 
 gions of the blessed, on a mission of mercy; while the others 
 were as emissaries of destruction, sent from the bottomless 
 pits of Hades. 
 
 The history of the work of Dr. Swinburne in Paris was 
 fraught with unprecedented success, causing a just pride 
 among the American residents of Paris, and drew forth uni- 
 versal and honorable comment from those in official position, 
 ^from authors, the press, and scientific men, who heretofore 
 indulged the idea that America, while a great nation, was 
 still, in the developing of science and scientific men, as a 
 "babe in swaddling-clothes." The citizens of the capital city 
 of the great State of New York feel a natural pride in read- 
 ing these comments of other nations on the achievements of 
 one of their fellow-citizens who is eminently of the people. 
 Believing their perusal will arouse a similar feeling of pride, 
 not only among the members of the profession he has so hon- 
 ored, but in the hearts of every America-loving resident in 
 Dr. Swinburne's native State of New York, we collate and 
 condense a few from the man3^ 
 
 Dr. Evans, in his " History of the American Ambulance," 
 says, — 
 
 "Every little coterie was ambitious to have its ambulance, 
 which it could direct and talk about. Hospitals had their 
 lady managers, whose sole qualifications were rank, wealth, 
 and the unconquerable determination to keep at the head of 
 fashion, through whatever singular paths it may lead. In 
 these private establishments the doctor often played only 
 an inconsideiable rdle. He did what he was told ; he was 
 obedient and submissive; he was necessary- — and so was the 
 scullion." 
 
 In speaking of the successful treatment in the American 
 ambulance, Dr. Evans said, " Dr. Swinburne's highly successful 
 
106 A TYPICAL AMERICAN. 
 
 exemplification of the benefical action of conservatory sur- 
 gery, and of the re-formation of bone, excited the greatest 
 interest among the medical men who visited the ambulance, 
 in which oakum was employed in preference to lint, on ac- 
 count of its antiseptic qualities, and compresses of hot water 
 were mainly employed for dressing, to the exclusion of many 
 of the usual applications. Of seven cases of amputation of the 
 thigh, only four resulted in death ; while, at the ambulance 
 established in the Grand Hotel, every case of amputation 
 terminated fatally, just as is always the case in one deadly 
 ward of the Hotel Dieu (the largest and oldest hospital in 
 Paris), where scarcely a patient amputated has ever yet es- 
 caped death from gangrene or pyaemia. At the ambulance 
 of the Grand Hotel the deaths have been said to have ex- 
 ceeded forty-five per cent of the number of cases treated. 
 However this may be, the administration up to the present 
 time (1873) has declined to make public its record. Now, 
 in the far more economically conducted American ambulance, 
 the proportion of deaths before the engagement at Bougert 
 was only three and a third per cent." 
 
 A comparison of the results obtained in the American 
 ambulance with those obtained in other ambulances and 
 hospitals show conclusively that the objects those in charge 
 of the American ambulance desired to accomplish were at- 
 tained, — that of demonstrating the excellence of their system 
 of surgical conservation, and the superiority of tents over 
 solid buildings in the treatment of wounds, as well as the 
 importance of hygienic conditions as a means of preventing 
 disease and effecting cures, — essentials so tenaciously insisted 
 on by Dr. Swinburne during his service in our "unpleasant- 
 ness." 
 
 In paying tributes of praise to Dr. Swinburne and the 
 spirit which impelled him and his associates, and in de- 
 scriptions of the properties and facilities connected with the 
 American ambulance, the press of Paris, official, scientific, 
 religious, and secular, notwithstanding the exciting events 
 that pressed upon their columns, seemed to vie with each 
 other as to which should excel in complimentary notices of 
 
UNDER TWO FJ.AOS. 107 
 
 the American institution, its Huv^con, pc.rsonnely and installa- 
 tion, a few of which we incorporate. 
 
 In (lescrihinf^ a visit to the arnl)nlance, M. Picard, in an 
 editorial in^'Electeur Libre" of Oct. 3, 1870, said, — 
 
 "Yesterday we visited the .Vmerican ambuhince. Is it 
 necessary that we slioiild dwell upon the scrupulous cleanli- 
 ness of this ambulance, or the assiduous care with which our 
 wounded are there treated? It is truly touchin(( to sec these 
 foreigners of wealth thus giving themselves up without re- 
 serve to this humane work. We have seen these gentlemen 
 assisting the surgeons in their duties, holding the limbs of 
 patients, and engaged in all the details of dressing wounds, 
 and that, after having yesterday been under the fire of the 
 enemy, to pick up these same wounded. These generous men 
 would be unwilling to have us give their names to the public. 
 All that we are able to say is, that their benevolent devotion 
 and their indefatigable ardor assure to them the gratitude of 
 France, whose friendship was long since gained by the States 
 of the American nation." 
 
 The humanitarian work of Dr. Swinburne and his corps of 
 assistants was gratefully appreciated by the French people ; 
 and in reflecting their opinions, " Le Reveil " of October, 1870, 
 said, — 
 
 "Never was a sacred work of sacred humanity better con- 
 ceived, or better put in practice, than by this band of gener- 
 ous and devoted men, who, able to find security everywhere 
 else for themselves, their families, and their fortunes, have 
 preferred to remain in our midst, to encourage us by their 
 presence, and, with open hearts and open hands, to give us 
 their sympathy, their aid, and their succor — fraternal and so 
 practical — in the terrible crisis through which we are pass- 
 ing." 
 
 The " Journal Officiel de la Republique Francaise " (the 
 oflScial journal of the French Republic), on Nov. 27, 1870, 
 said in an editorial article on the American ambulance, occu- 
 pying two entire pages of the paper, among other things, — 
 
 " It is now understood how it is brought about that one 
 may breathe under the tents only an air warm and healthful. 
 And is there occasion for being astonished, that, as a conse- 
 quence, where the American system is applied, everybody 
 
108 A TYPICAL AMERICAN. 
 
 should be absolutely ignorant, or as much as it is necessary 
 to be, not onl}^ of what purulent absorption (scientifically 
 called pytemia) and hospital gangrene may be, but even of 
 the fever, which is not a necessary consequence of a wound ? 
 
 " Every morning, Dr. Swinburne, a gentleman as modest 
 as he is well informed, accompanied by his aids, attends to 
 the dressing of wounds. Formerly port physician of the 
 city of New York, he was travelling in Europe when the war 
 broke out. His devotion has kept him here, to assume the 
 noble task which he is fulfilling with such admirable skill. 
 Aid Nature instead of affronting her, — such is their device; 
 and such is henceforth, we know, that also of our greatest 
 French practitioners. It is forever the admirable and simple 
 expression of our own Ambrose Par^, ' I dress his wounds : 
 God cures him.' 
 
 " We hardly need to add, after all this, that at the Amer- 
 ican ambulance every one is a declared partisan of conserva- 
 tive surgery, that delicate art which is happily also in honor 
 among us. 
 
 " And now a word about those who extend these unre- 
 mitting attentions to our wounded, who generously offer them 
 these effective consolations. Shall they find us indifferent ? 
 No. How could we fail to recognize that which they are 
 doing for us, if it was only by showing how singularly prac- 
 tical are the ideas of those excellent surgeons who have come 
 from the other side of the Atlantic to [)lace at our service, 
 with so much generosity, their incontestable science and their 
 indefatigable devotion ?i 
 
 " We shall be excused for having passed over in silence 
 many technical details to which we might have usefully re- 
 ferred ; but we should not have accomplished, even now, half 
 our task, had we stopped only to enumerate the new curative 
 expedients, perhaps still unemployed in France, — in a word, 
 the innovations of every sort for which hospital science is 
 indebted to the Americans." 
 
 The " Union Medicale " of Feb. 4, 1871, said,— 
 
 " Let us hope this new experiment will not be fruitless, and 
 that it may confirm the results already obtained. While the 
 genius of destruction multiplies its ravages, and accumulates 
 
 1 The writer is enthusiastic over the system of heating and ventilation. 
 "The temperature," he says, "was uniform tlirougliout the whole lenj^th of 
 the pavilion, ranging from 15° to 18° (Centigrade). In fact, nothing could be 
 simpler or altogether more ingenious than the system of heating and ventila- 
 tion employed here, for it is the system of heating whieh secures the veiUiiation." 
 
UNDER TWO FLAOH. 109 
 
 ruins, it is a consolation to believe that tlie genius of conser- 
 vation — less jjowerfiil, alas ! — has been able at the same time 
 to make a step for ward. We shall be ha[)i)y, if, in the midst 
 of these bloody oi<^ies of force, we Jiave been able to save a 
 lives more than formerly." 
 
 This notice of the "Union Medicale," of the conservative 
 surgery practised by Dr. Swinburne for six months in a city 
 where are all the leading surgeons of Europe, is significant, 
 coming as it does from a scientific journal which never draws 
 conclusions, or advances a recommendation of any kind in 
 medical ethics, until it has well tried the subject, and is posi- 
 tive of results. 
 
 Early in the siege, this at first called innovation introduced 
 by the American surgeon, John Swinburne, began to draw 
 attention as above the others of the numerous ambulances, 
 and on Oct. 31 the " Paris Journal" said of it, — 
 
 " We soon, however, began to hear it admitted, not only 
 that the Americans were laboring most earnestly in a humane 
 manner, but that unusual successes were rewarding their ef- 
 forts. The American ambulance established in the Avenue 
 Uhrich is one of those which, up to the present time, has given 
 the best results in the curing of wounds. After the battle of 
 Chevilly, Dr. Swinburne and his assistants obtained from the 
 Prussians the restitution of a number of wounded French, 
 all severely wounded; and their care has saved them all." 
 
 One of the instructions to the ambulance attendants was 
 to bring in the most severely wounded as quickly as possible. 
 That this order was well carried out may be seen by an item 
 in " L'Universe " of Nov. 1 : — 
 
 "Upon the Flanders road, deserted and gloomy, obstructed 
 at every step by trees which lay in the way, we met the 
 American ambulance, always at the very front (au premier 
 post) whenever it was a question of comforting courage in 
 misfortune." 
 
 "La Semaine Religieuse de Paris" said, — 
 
 " Their ambulance may also be said to be a model of its kind. 
 Setting out with the principle that hospital wards, where the 
 sick are commonly heaped together, are, to use the expression 
 of Cabanis, ' magazines of corrupt air,' the Americans have 
 
110 A TYPICAL AMERICAN. 
 
 lodged our wounded under tents grouped together in pictur- 
 esque disorder, yet separate one from the other. The whole 
 medical apparatus is carefully concealed : it only appears when 
 indispensable. There are no herb-teas : these are replaced 
 by wine. The drugs are purchased of the butcher, and the 
 apothecaries are left to advertise." 
 
 " Le Nationale " of Dec. 11, 1870, in an article, said, — 
 
 "Among all these ambulances, whether old or new, which 
 exist in Paris, there is one distinguished by its organization, 
 and particularly by its system of installation, — the American 
 ambulance." 
 
 M. Lafarge, in a lengthy article on V ambulance Americaine, 
 published in " Le Figaro " on Jan. 26, 1871, said, — 
 
 " About halfway down the Avenue de I'lmp^ratrice, on the 
 right, you perceive a number of tents — not a large number, 
 a veritable little city of canvas : it is the American ambulance. 
 You are at first surprised that the wounded can be treated 
 almost in the open air ; but if you enter, you will very quickly 
 change 3'our first impression. . . . Let no one fear that bron- 
 chitis and other diseases of the respiratory organs have 
 been occasioned by this practice. Facts have settled this 
 question. ... In the very coldest weather, a sufficient tem- 
 perature can be maintained inside of the American tents. 
 During the severe weather of December, when the cold was 
 ten or twelve degrees below zero (Centigrade), the tempera- 
 ture was maintained within the tents at from + 12° to + 15°, 
 and that without forcing the fire. . . . Go and visit the 
 American ambulance : not only will you meet there with the 
 most gracious reception, but you will obtain from the lips of 
 the wounded themselves the expression of their lively grati- 
 tude for the intelligent care they are receiving." 
 
 Comments like these quoted, all from leading journals and 
 authorities, speak volumes of themselves, and breathe praises 
 such as the French press, always jealous to maintain the high- 
 est positions for Frenchmen, never before bestowed on any for- 
 eign surgeon. To comment favorably was but natural, under 
 the circumstances, and might be expected from the grateful 
 feelings and naturally complimentary Frenchmen ; but pla- 
 cing the American surgeon's system of conservative surgery 
 as eminently above their own, and one they would adopt in the 
 
UNDER TWO FLAGH. Ill 
 
 future, was only accorded on pure merit, particularly as the 
 press had their own ambulance, of which they were extremely 
 jealous and ])roud. These press notices are rendered the 
 more valuable when such eminent literary men as M. Sarcey, 
 and such scientists as M. Desault, go still further in accord- 
 ing the palm of excellence to Dr. Swinburne, his corps and 
 ambulance. 
 
CHAPTER IX. 
 
 THE WONDER OF SCIENTISTS. 
 
 These People are our Masters. — Great Results with Small Means. — Conser- 
 vative Surgery. — Remarkable Operations. — Surgeon Par Excellence. — 
 Only Success. — The Field-Stretcher. 
 
 Francisque Sarcey, a distinguished literary gentleman, 
 in " Le Temps" of Dec. 21, 1870, and in his work entitled 
 " La Si^ge de Paris," a book that ran through twenty-four 
 editions in six months, said, — 
 
 " I met, a few days since, one of the thousand acquaintances 
 which every Parisian, a little known, has upon the Boule- 
 vard, — a physician by profession, distinguished, I might also 
 say celebrated, in a surgical speciality, and who, like most of 
 his confreres.! is attached to one of our numerous ambulances. 
 The conversation fell naturally upon the subject of ambu- 
 lances. He was full of it ; and it happened also that I was a 
 little acquainted with it, being very intimate witli one of those 
 persons most occupied with the direction of the ambulance 
 of the press. I had also studied with great care the remark- 
 able work by Dr. Chenu, with the intention of making in my 
 turn, and with his facts, a campaign against the organization 
 of the medical service in our armies. 
 
 " ' You are interested in this ? ' said he. ' Very well. And 
 you have very probably visited the American ambulance ? ' 
 
 " I confessed that I had not. 
 
 " ' Then I must take you there. Ah, my friend ! those peo- 
 ple there are our masters. How simple, ingenious, and prac- 
 tical is every thing connected with its organization ! It is 
 made of nothing, as we should say. Their installation has 
 scarcely cost twenty thousand francs ; and they have a hospi- 
 tal the most healthful, the most convenient, and the best fur- 
 nished, — the model hospital, — the hospital of the future. 
 Our most eminent physicians have visited this ambulance. 
 I have met there Ndlaton, Record, Jules Guerhi, D(3marquais, 
 and others. They have pronounced it excellent. Every 
 physician in Paris should go and see, and convince himself 
 
Til 10 WONDER OF KOI I0NTI8TH. 113 
 
 with his own eyes of ilio Hiii)eriority or' the American instal- 
 Lition. Th(! [)uhllc should conie to tlie rescue, that adminis- 
 trative routine may he forced out of its al)siird j);i.tlis hy a 
 vi<i;orous and irresistihle pressure of puhlic opinion. Tlie 
 medical journals are only read hy a profession which it is 
 useless to convince. It is through the ignorant and the lium- 
 ble, through the crowd, that important reforms and great 
 revolutions are effected. What a distance theie is between 
 theory and practice I There had been twenty amputations at 
 the Grand Hotel, and out of these twenty cases there had been 
 tiventy deaths. At the Hotel Dieu never has an amputation 
 succeeded.' 
 
 " ' Very well,' said I. ' Let them put the amputated some- 
 where else. Very simple ! I see you are still an innocent, 
 my dear fellow. Nothing is simple in administration. A 
 sick man is brought in, and there is an empty bed. The sick 
 man is put in his bed, and he dies ; but there is nothing to 
 be said. The number was in its place, good order is preserved, 
 and the register is correct. Every thing is for the best in 
 the best administrations. The hospitals are not for the sick 
 man, but for the doctor.' 
 
 " He said to me many other things besides, which I do not 
 remember. The next morning, however, he took lue in his 
 carriage to the American ambulance. I had invited one of 
 my confreres to accompany me, M. Armand Gouvien, who 
 was the director of the ambulance of the press. I was very 
 desirous that he should see with me these pretended marvels, 
 and give me his opinion of them. 
 
 " We were received by the surgeon-in-chief, M. Swinburne, 
 and by M. M. Brewer (one of the Brewer brothers), who speak 
 our language with the greatest purity, and who gave us 
 answers to all our questions with the most perfect courtesy ; 
 and it would he impossible to accuse them of having had in 
 view, by so doing, any publicity through the press. Aly name 
 (I confess it very humbly) seemed to suggest nothing to them, 
 and whatever special attentions were paid, were offered, as 
 was proper, to my two friends, who were of the party ; and 
 they were in ecstasies over the admirable simplicity, accord- 
 ing to them, of certain methods of placing the persons in bed. 
 and of dressing wounds, which Gouvien declared he would 
 have tried for certain cases of fracture in the ambulance of 
 the press. Not being learned in such matters, I must confess 
 that I only half appreciated the ingenuity of these inventions; 
 but that which struck me there was the evident fondness of 
 practical methods in the solution of the most complicated 
 
114 A TYPICAL AMERICAN. 
 
 problems of surgery, — methods which were at the same time 
 convenient and elegant. To do much with little, without 
 trouble and Avithout expense ; to employ that which is at hand, 
 modifying it ingeniously to suit the case presented, — this is 
 the groundwork of their system : no outlay for the apparatus, 
 none for the setting it up. They have no other vanity than 
 that of curing their patients. 
 
 " The Americans have given the last blow to the preju- 
 dice. The hospital as it exists in France, as routine has con- 
 structed and maintains it, must be killed, and we shall reach 
 our end." 
 
 The celebrated physician, Dr. Dusart, in " Le Rappel " of 
 November, 1870, says, — 
 
 " Under these circumstances, we have been in no wise sur- 
 prised to find all the wounded with fresh, rosy complexions 
 and cheerful countenances, — signs of a well-being which all 
 were earnest to announce. All the men whom I questioned 
 affirmed that the oidy fever they had, occurred during the 
 twenty-four hours immediately following the fight. . . . 
 France will owe to the intelligent and devoted efforts of the 
 American colony the privilege of seeing many of her soldiers 
 returning to the army after a short treatment, while many 
 of the wounded will have preserved their limbs, which any- 
 where else would certainly have been cut off." 
 
 Dr. de Rause, editor " Gazette M^dicale de Paris," said, — 
 
 " American surgeons are accused generally of an over-fond- 
 ness for operating : on the contrary, we have noted with 
 pleasure the efforts — efforts crowned with success — of their 
 conservative surgery. M. Swinburne is the only surgeon of 
 the ambulance." 
 
 M. Gustave Mousnereau, in a thesis on the ambulances, 
 said, "I have reserved for the last, as being the most important, 
 the American ambulance," and after giving a detailed system 
 of heating, etc., added, " I feel justified in affirming that the 
 American ambulance is the best of all the ambulances estab- 
 lished in Paris. This superiorit}^ of the American ambulance 
 has been admitted by the most eminent surgeons of Paris ; 
 and an attempt has already been made by Dr. Depaul 
 (clinical professor of midwifery) and Dr. Dubreuil (assistant 
 professor and hospital surgeon) to apply the American system 
 
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THE WONDKIl OK SCIENTISTS. 115 
 
 by establisliing two siiriilur tent hosj)ital.s. . . . At the Ameri- 
 can ambulance the deaths liave been only five percent; of 
 seven amputations, only three have died; there has not been 
 a single case of hosjiital gangrene, and not one case of f)uru]ent 
 infection. These figures speak for tliemselves, and suiiice to 
 demonstrate the superiority of the American system." 
 
 M. N(3laton, one of the most illustrious representatives of 
 French medical science, on a visit to the American ambulance, 
 left on the visitors' book this significant indorsement : " You 
 have here shown what great results may be obtained with 
 small means." 
 
 Jules Guerin wrote that he was happy to echo the same 
 sentiment, as did Demarquais; and Baron Larry, before the 
 Academy of Sciences, declared that the American hospital 
 system was most complete and favorable. 
 
 M. Ndlaton was the celebrated French physician and sur- 
 geon called to examine the wound of Garibaldi, and who 
 declared the bullet was still in the wound, indicated the time 
 when it could probably be removed, and predicted a favorable 
 result. This opinion was directly the reverse of that given 
 by the English surgeon. Partridge, who, in his opinion, was 
 supported by the Italian surgeons Porta and Barretti, and 
 afterwards by Pirogoff, the celebrated Russian surgeon. 
 Events proved N61aton was correct, and his opinion triumphed. 
 By following his views, the physicians attending Garibaldi 
 happily succeeded in removing the projectile. Partridge's 
 visit and blundering surgery cost three thousand dollars ; 
 while Nelaton, the true surgeon, went to Italy without fee or 
 reward. 
 
 Among the appliances more directly concerned with surgi- 
 cal science, used at the American ambulance, and which 
 found great favor among the surgeons of Paris in the treating 
 of suppurating wounds, the merits of which were previously 
 unknown in France, was the employment of oakum as a 
 substitute for cliarpie ("lint"). 
 
 "Indeed," Dr. Evans writes, "the interest taken by the 
 medical profession of Pai'is in every thing which concerned 
 the ambulance was \Qvy great. Scarcely a day passed in 
 
116 A TYPICAL AMERICAN. 
 
 which some well-known name was not entered in the list of 
 visitors. No sentiment of professional jealousy was ever 
 exhibited ; no exclusive feeling of nationality was ever mani- 
 fested : there was but one sentiment, but one feeling, among 
 all, — that inspired alike by an earnest desire that the history 
 of the experiment might tend to the establishment of some new 
 truth to the honor of science and the benefit of mankind from 
 the first-fruits of a New World's experience, brought to the 
 very shrines of venerated oracles, to there compete with the 
 established principles of ancient tradition, and even with 
 the practice of classic surgery." 
 
 That these honors and expressions of gratitude from a 
 notably brave and proud people were justly earned, may be 
 realized from the actual results of the surgical treatment by 
 Dr. Swinburne. Most, if not all, of the eminent surgeons had 
 discussed the theory of conservation in the treatment of the 
 wounded, but had failed to enforce it in practice, it was so 
 foreign to the old-school system to which they had been 
 educated. When introduced by the great American physi- 
 cian and surgeon, it was absolutely regarded as an innovation 
 rather than an advance in science. Yet these opinions and 
 comments quoted prove how promptly the great scientific 
 minds of that city availed themselves of the ideas and prac- 
 tices they witnessed, with their good results, and in the 
 interest of science, and for the good of humanity, declared 
 their purpose to adopt them. They believed their surgeons 
 were equally scientific with the great American, and indeed 
 insisted the}^ were more proficient. Yet here were facts ; and 
 the truly honest searchers after knowledge knew that theory, 
 when contrasted with facts, vanishes as rapidly as the spar- 
 kling dewdrop is kissed away by the rising sun. Here were 
 results upon which these learned men were to decide as to 
 the claims for pre-eminence for conservative surgery, and the 
 simple means adopted in dressing wounds. The comparisons 
 were conclusively convincing. At the American ambulance 
 the most severely wounded were treated, because the corps of 
 stretcher-bearers had specific orders, which were rigidly en- 
 forced, to look after these, as they were in need of the earliest 
 
THE WONDER OF SCIKNTISTS. 117 
 
 possible attention ; and tlio American ambulance corps, be- 
 ing always iirst to the front, picked up the most seriously 
 wounded. And yet, of the £^7 surgical cases treated^ only 47 
 died, of all causes. Of these wounded, 12G received com- 
 pound fractures, some having two or more comminuted frac- 
 tures. During the siege, there were but 9 amputations of 
 long bones; 7 of these being of the thigh, 5 of tiie wounds 
 being through the knee-joint. 
 
 The ambulance Rothschild, in charge of Dr. Job, situated 
 on high ground, with all proper ventilation, and considered 
 one of the very best in Paris, was provided with ample 
 nourishment and food for the sick ; while in the other hospi- 
 tals and ambulances it was about all those in charge could 
 effect, when they secured sufficient nourishment to keep life 
 in the patients, some of them failing even in this. Yet at 
 this luxuriantly supplied hospital there were but 56 wound- 
 ed men treated, 10 of them dying of their wounds. There 
 were but 4 amputations performed, all proving fatal ; and 
 in every case but 2, where the bones were involved in the 
 wounds, all died. 
 
 At the ambulance of the press, under M. D^marquais, 281 
 wounded were treated prior to Feb. 1, 1871; and of these, 
 63 ended in death. Of 16 cases of wounds of the upper 
 extremities, 13 proved fatal. 
 
 At the Barracks Hospital at Passey, of the 1,486 wounded 
 treated, 347 died. 
 
 To these results the medical profession of Paris, at least 
 the learned, expert, and scientific portion, — and at that time 
 it embraced eminent men from all portions of Europe, — would 
 not allow prejudice to obscure their better judgment, and 
 were not only willing, but anxious, to adopt this course, and 
 re-learn how to treat the wounded. 
 
 Among the celebrated surgeons in Paris during the siege, 
 from other portions of Europe, was Charles Alexander Gor- 
 don, M.D., C.B., who was sent to that city by the right hon- 
 orable secretary of state for war of Great Britain. This 
 celebrated English surgeon was the author of a number of 
 works on military surgery and hygiene. In his work entitled 
 
118 A TYPICAL AMERICAN. 
 
 " Lessons on Hygiene and Surgery from the Franco-Prussian 
 War," he quotes from M. Pirogoff, " that the extensive prac- 
 tice of primary amputation has been abandoned, because sta- 
 tistics prove, that, in gunshot wounds of the upper extremity, 
 secondary amputation is as favorable as primary ; that the 
 attempt to save the limb is not, therefore, made at the risk 
 of life ; and that it is to the honor of modern surgery that 
 but few amputations of the upper extremities were made." 
 
 " Such," says Dr. Gordon, " are the views expressed by this 
 eminent surgeon, and they deserve every attention. Perhaps 
 nowhere," he adds, " so much as in the American ambu- 
 lance, was extensive simplicity of arrangements carried out 
 in the treatment of gunshot fractures : certainly in none 
 were the results more satisfactory. Dr. Swinburne brought 
 to his aid vast experience gained in the war of secession; 
 but the most simple and extemporized apparatus seemed 
 always to have been adopted by him. The appliances made 
 use of depended upon the extent and position of the wounds ; 
 but, as a rule, the more simple their construction, the better." 
 
 This acknowledged eminent scientific authority, in discuss- 
 ing the treatment in dressing the wounded, said, — 
 
 " Whether used as an independent application or not, 
 water had to be used for the purpose of cleansing the surface 
 of wounds. Perhaps it was so to a less extent than in the 
 English hospitals ; and, with every respect to our French 
 compeers, there is some room for believing that a more 
 extensive use by them of this simple element would have 
 been to the advantage of the wounded. Moist and hot 
 cloths applied, and covered with oiled silk, were much used in 
 cases of wounds of the long bones or joints, and sometimes to 
 the limbs after amputation. After excision of joints, these, 
 placed along the whole extent of the limb, proved very grate- 
 ful. Their employment was carried out to the greatest ex- 
 tent in the American ambulance. . . . The degree of ease 
 that such simple means will give is remarkable in the case 
 of a wounded limb." 
 
 In his summing-up of the results of treatments in the sev- 
 eral hospitals and ambulances of Paris, he said, — 
 
 " We had in Paris, however, in the American tent ambu- 
 lance, undoubtedli/ the most favor able results of any^ taking into 
 
The American Ambulance Tents. 
 
 Witl'i Improved System of Warming- and Ventilation. 
 
 \ "N \ V 
 
 Fig. I. — Elevation. 
 
 YiG. 2. — Longitudinal Section. 
 
 These cuts of Dr. Swinburne's Ambulance in Paris are taken from Charles 
 Alexander Gordon's Work on "Lessons on Hygiene and Surgery from the Franco- 
 Prussian War." Dr. Gordon is the author of several important works on military 
 hygiene, and was sent to Paris during the Franco-Prussian War by the Right Honor- 
 able Secretarv of State for War of the British Government. 
 
THE WONDER OF SCIENTISTS. 119 
 
 account the severity of the cases treated. Thus, out of 247 
 cases treated, there were 126 of compourid fractures, these 
 occurriuf^ in 114 individuals ; yet the njortality auiong all was 
 at the rate of 19 per cent." 
 
 In commenting on the treatment of gunshot wounds, Dr. 
 Gordon said, — 
 
 " It is true that the method of treating gunshot wounds of 
 the cliest, as practised by Dr. Swinburne, is condemned hy 
 some surgeons. It is beyond question, however, that the re- 
 sults obtained from it in the ambulance (American) in the 
 Avenue de I'lmpdratrice during the siege were very satis- 
 factory, so far as they went, and of a kind to justify its further 
 adoption. It seems to me, therefore, that in future wars 
 the treatment indicated is this: provided the bullet passes 
 completely through the chest, elose the opening, as Dr. Swin- 
 burne did, and so treat the patient. In several cases Avhere 
 the missile had passed completely through the chest, and pen- 
 etrated one lung, recovery took place with comparatively little 
 constitutional disturbance, and with a rapidity that became 
 matter of wonder. Some of the officers and men taken to 
 that establishment (the American ambulance) with wounds 
 of this nature, their respiration oppressed by blood- discharges 
 from the pulmonary wound into the bronchice, and with blood 
 and froth issuing from the openings in the chest during expi- 
 ration, were treated in the simplest possible way, and success- 
 fully. The usual treatment adopted by Dr. Swinburne was 
 to hermetically close the outer opening by means of adhesive 
 silk.i Little if any medicine was subsequently administered. 
 In cases thus treated from the early periods of the wound, 
 suppuration into the pleural cavities seemed to be averted. 
 The results seemed to indicate that the effused blood was not 
 necessarily a source of danger : that its action was not like 
 that of a foreign body ; and that, as recovery progressed, it 
 gradually became absorbed. In none of the cases thus treated 
 were counter-openings made or required." 
 
 He then refers to otlier cases treated on different plans, in 
 which puriform effusions and hectic followed the couuter- 
 
 1 The plaster referred to by Dr. Gordon was Husband's silk adhesive plas- 
 ter, placed over the -wound, adhering to the chest above the wound, and acting 
 as a valve. The lower portion was kept moist by discharges, on expiration, 
 allowing the blood and froth, pus, and other discharges, to be forced out, and 
 then closing, allowing the air to come in through the mouth and windpipe, 
 and not through the wound in inspiration ; and to this extent aloue was the 
 wound hermetically sealed." 
 
120 A TYPICAL AMERICAN. 
 
 openings, and then death. In one, the bloody liquid with 
 which the chest speedily became filled was pumped out, and 
 the operation described as brilliant, but the patient died ; and 
 in another, empyema occurred, the chest was punctured for 
 the escape of fluid, and the patient also died. 
 
 During this period of which Dr. Gordon writes, there were 
 in and around Paris six hundred and thirty-four ambulances, 
 in addition to ten hospitals, and at least three thousand sur- 
 geons from all the nations of Europe, many of them holding the 
 leading places among their professional brethren as physicians 
 and surgeons. It is a remarkable feature in his work, that, out 
 of this multitude of ambulances, he selected the American as 
 the model one in its installation, on which to treat at length ; 
 but a still more remarkable feature was his selection of numer- 
 ous cases treated by Dr. Swinburne, out of the thousands, and 
 the minutise with which he described their treatment and re- 
 sults as of the most vital interest to science. In his book he 
 devotes more space to the work of the American surgeon, and 
 cites more of the cases treated by him, than by any other 
 individual, or, indeed, the whole of the other surgeons com- 
 bined. So necessar}^ does he consider it to be specific in 
 the details of all the methods used by Dr. Swinburne, that 
 he devotes much space to their description, and the appliances 
 and methods used by Dr. Swinburne in placing the patient 
 in bed, and introduces a plate of a common field-stretcher 
 designed and used by the doctor for carrying the wounded 
 from the field, and the treatment of fractures by extension, and 
 upon which they can be treated until well. In describing 
 this stretcher, he says, — 
 
 " By means of a common brancard (" stretcher ") ingen- 
 iously arranged by Dr. Swinburne, a soldier or officer with 
 gunshot fracture of the femur can be carried with an advan- 
 cing army over any extent of country. Upon one of the han- 
 dles at each end, a bent iron arm, having an eye at one end, 
 was fixed by means of a screw. It admitted of being moved 
 along the handle, or from one end to the other, according to 
 the seat or side of the injur}', and, from those at the head 
 and foot of the extension and counter-extension, could readily 
 be used. A mattress adapted to the dimension of the bran- 
 
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THK WONDICR OK SCIENTISTS. 121 
 
 card being provided, transport of a wounded man can be 
 readily effeeted, eitlujr by means ol' two hrancard'w.rs ("car- 
 riers") or by placing;' the litter ujjon a wheeled conveyance. 
 Tiie contrivance is I'lirther so su^roijstive in regard to a (conven- 
 ient method of securing patients with fractured thigli-JKnies on 
 shipboard, that it is commended to the notice of suigeons at 
 sea. Hy means of a staple eye secured in the bulkhead, at 
 either end of a bed, immobility of the ends of a fractured 
 femur would readily be insured." 
 
 This invention, when first conceived and designed by Dr. 
 Swinburne, was submitted to the medical department of our 
 Government during the Rebellion, and refused, for what rea- 
 son those at the head of the department at that time only know. 
 It was afterwards adopted and put in use by both the French 
 and Englisli Governments. 
 
 Dr. Gordon cites a case as a very remarkable piece of sur- 
 gerj'', where a wound was received through the lower jaw, 
 and effectively treated hy Dr. Swinburne, showing how such 
 an injury may be treated so as to avert a great deformity. 
 
 "A soldier was injured in the lower jaw, involving the front 
 of the bone, by a bullet. The soft tissues were dissected 
 back by Dr. Swinburne. The fragments of bone other than 
 the very small ones, instead of being removed, were ingen- 
 iously secured to the existing teeth by means of wires ; the 
 ends of these being twisted off, and their ends protected by a 
 case of wax. A frame was then fitted on to the chin, and 
 moulded to its shape, oiled silk and bandages enveloping 
 the whole. Recovery was progressive, and the deformity 
 scarcely perceptible." 
 
 This was regarded by the author as an exceptional and 
 extraordinar}' case, and one requiring unexceptional skill in 
 its management, and hence was given to the scientific world 
 as an illustration of what great achievements the delicate 
 science of surgerj^ may accomplish. With the surgeon who 
 performed the operation. Dr. Swinburne, it was not new. A 
 number of years before, the late Col. Jackson, formerly of the 
 firm of Townsend & Jackson of Albany, fell from the win- 
 dow of the second storj- of his residence on State Street to 
 the sidewalk (a distance of fifteen feet), and, striking on his 
 
122 A TYPICAL AMERICAN. 
 
 head, crushed and fractured the entire jaw. B}' the use of 
 the delicate wire, the shattered bone was brought to its phice 
 and healed, leaving no deformity. He was afterwards killed 
 in battle. 
 
 "The eminent surgeons," said Dr. Gordon, "whom the 
 writer had an opportunity of seeing operate, had several 
 different methods of proceeding, and of performing the subse- 
 quent dressing. In amputating the lower third of the thigh, 
 a cut was made from the surface upwards and backwards, 
 through the muscles on the anterior aspect of the part ; the 
 posterior flap being afterwards made by transfixing, and cut- 
 ting from within outwards. The flaps, both of which were 
 equal in length, were retracted by means of a fillet, and the 
 bone sawn across ; the vessels were then secured b}' ligature, 
 hand-pressure on the main vessels having been kept up dur- 
 ing the operation. It was remarked, however, that a con- 
 siderable mass of tissue around the vessel was included, and 
 that the double ligatures were generally used, both ends 
 being cut off. The surface of the flaps, after being sponged 
 with cold water or alcoholized water, were brought close 
 together by silver wire and sutures ; linge fenetre^ soaked in 
 gljxerine, was applied ; a large, soft compress to each aspect 
 of the limb supported the flaps ; and a bandage applied from 
 above downwards secured the whole. Other surgeons used 
 the interrupted suture ; and Dr. Swinburne, in one case of 
 amputation of the thigh, left the anterior flap much longer 
 than the posterior : the line of union was thus quite at the 
 back of the limb, and the stump provided was a soft one." 
 
 In treating the merits of primary versus secondary amputa- 
 tion, Dr. Gordon said, — 
 
 " So far as tlie experience within Paris went, it simply con- 
 firmed that of former wars, — that these operations must be 
 performed before suppuration has set in, to give them a chance 
 of success. It is pointed out, however, that primary ampu- 
 tation cannot, under all circumstances, be performed. A 
 wounded man may, as not infrequently was the case on the 
 occasion of the great battles before Paris, be so benumbed by 
 cold from protracted exposure upon the field as to put ampu- 
 tation of a wounded limb out of the question, until such times 
 
THE WONDKR OF SCIKNTIST8. 123 
 
 as [lie powers of tlie body ai'o partly restorod by stimulants 
 and otluir moans ; and, by tin; time; this has boon attained, 
 the period for jjrimary amputation has passed. On the other 
 hand, an amputation may, on some oeeasions, be performed 
 with ultimate success upon a patient in a very great state of 
 weakness." 
 
 To sustain this latter assertion, he again referred to an 
 operation performed by Dr. Swinburne as an extreme typical 
 case, and said, — 
 
 " A soldier was brought to the American ambulance in 
 Paris, his leg carried away by a shot. Amjjutation below 
 the knee was performed by Dr. Swinburne while the man 
 was in a state of collapse, and pulseless. The man continued 
 in this state for twenty-four hours after the operation; he 
 then passed into delirium, which continued during four days, 
 the stump being much disturbed in the mean time, the flaps 
 gaping, and the bone projecting. Nevertheless, this man 
 ultimately did well." 
 
 The doctor himself, soon after his arrival in Paris, wrote 
 to Dr. Bailey of Albany, — 
 
 " Here I am, within a few rods of the inner fortifications of 
 Paris. I had been in England, Ireland, and Scotland, visit- 
 ing hospitals and other places of interest, until Inst week, 
 when I received notice that I was wanted here. With Louis 
 (my son), I immediately left for this place, where the Ameri- 
 cans have establislied a hospital and ambulance corps out 
 of American manufactures, including tents and about two 
 hundred American patent beds, stretchers, etc. You would 
 not blush for America, could you see these arrangements, and 
 compare them w4th the English, or even the French. In 
 truth, they are the admiration of the place. The soldiers 
 say, if such accommodations were provided them, they would 
 not mind being wounded. I have many things to say to you, 
 on my return, in reference to surgery. Among them is* the 
 fact that the sui-geons of Great Britain do not amputate for 
 disease of any joint, but, on the contrary, resect. The result 
 is, that more lives are saved, and less mischief results from 
 the diseases, than from the old barbarous mode of amputation. 
 Many a mutilated creature maj- bless the day that progress 
 has its swav." 
 
CHAPTER X. 
 
 LIVING ON HORSE-FLESH. 
 
 Dainty Parisian Dishes. — The Best in Paris. — French Soldiers beg to be 
 taken to the American. — English Compliments. — Most Popular Men. — 
 Living on Horse, Cat, and Dog Flesh. — French Decorations. 
 
 It used to be an old proverb that " Good Americans, when 
 they died, went to Paris." It was true, a longing desire ex- 
 isted with a large portion of the American people to visit the 
 gayest city of the world, and enjoy its frivolities and sights for 
 a period. But, at the time our noble-hearted philanthropist 
 was drawn to the French capital, the events were more excit- 
 ing, and the gay colors of uniformed regiments more impos- 
 ing, than the traveller usually witnessed. When the iron 
 cordon of the Prussians was drawn around the city, belching 
 forth its fire, and giving to the inhabitants a grand but unde- 
 sired brilliant pyrotechnic display, the position was not com- 
 fortable. When provisions ran scarce, and all the beef had 
 been consumed, and the menu consisted, in part, of horse and 
 dog flesh, whose noxious exhalations, while being cooked, 
 permeated the city, and when " pussy " was a delicate and de- 
 licious dish, it was hardly the place for realizing the celestial 
 aspirations of our pious Americans. But here in this dreamed- 
 of paradise, turned into a purgatory, our humanitarian, Dr. 
 Swinburne, worked with his usual zeal for the good of man- 
 kind, without hope of pecuniary reward, as he did during our 
 Rebellion, and by his great skill won a still greater name, even 
 among those who were wont to believe nothing good could 
 come out of the Western Nazareth. 
 
 The English press, science, and people were ably repre- 
 sented in Paris during the siege, and while always anxious 
 to believe, and if possible make the world believe, that the 
 best of men came from Britannia, they were at first inclined to 
 
LIVING ON HORSE-FLESH. 125 
 
 underrate tlie "star" from the West, that had ho siuldeiily 
 appeared to the scientific world. As his works manifested 
 themselves, they became dazzled by their brilliancy, and then 
 chai-med, and finally admitted the superior skill of Dr. Swin- 
 burne ; one English writer asserting that he must be a de- 
 scendant of the Swinburns of Swinburn Castle, after whom 
 the townships of Great and Little Swinburn, near Ilesham, 
 in Northumberland County, were named. 
 
 The prompt and efficient work of the American ambu- 
 lance made such an impression on the correspondent of the 
 " London Daily News," that in writing to his paper in Sep- 
 tember, after referring to the others, he said, — 
 
 "The English ambulance is now prepared to fulfil requisi- 
 tions made upon it from any quarter ; and it may be of some 
 use, provided the staff have not consumed, in the mean time, 
 all the medical comforts in aiding the sick in the hospitals of 
 the town and in the fortress. But I submit that it is not 
 sufficient for a concern like the English ambulance to take 
 its ease in its inn. and to intimate in a slipshod way, by 
 casual journeys to the front, that it is in a condition to sup- 
 ply requisitions." 
 
 In a letter published in the " London Times " Sir J. T. Sin- 
 clair said, " Except the Anglo-American ambulance, under 
 an American physician, which is only partially connected 
 with the National Society for Aid to the Wounded, I believe 
 little good has been done by the English surgeons." Capt. 
 Henry Brackenbury in a letter to the same paper, in describ- 
 ing his visit to the English hospital, in charge of Dr. Frank, 
 tells how Dr. May, attached to an American ambulance under 
 Dr. J. Marion Sims, rode back with them in the dark to show 
 to Dr. Frank a peculiar method of using some particular 
 splint. This splint, and the methods of using it, were first 
 introduced into practice by Dr. Swinburne. 
 
 A correspondent of the " Loudon News," under date of 
 Nov. 15, said, — 
 
 " The ambulance in Paris which is considered the best is 
 the American (under Dr. Swinburne^ The w-ounded are 
 under canvas ; but the tents are not cold, and yet the venti- 
 
126 A TYPICAL AMERICAN. 
 
 lation is admirable. The American surgeons are far more 
 skilful in their treatment of gunshot wounds than their 
 French colleagues. Instead of amputation, they practise ex- 
 section of the bone. It is the desire of every French soldier, 
 if he is wounded, to be taken to this ambulance. They seem 
 to be under the impression, that, even if their legs are shot 
 off, the skill of the iEsculapii of the United States will make 
 them grow again. Be this as it may, a person might be 
 worse off than stretched on a bed, with a slight wound, under 
 the tents of the Far West." 
 
 He further adds in another issue, under date of Dec. 23, — 
 
 " At the central ambulance of the Soci6t6 Internationale, 
 the simplest operations are usually fatal. I'our out of five 
 of those who have an arm or leg amputated die of pysemia. 
 In the American tents four out of five recover." 
 
 This compliment to the skill and ability of Dr. Swinburne, 
 the only American surgeon in Paris at the time, and a very 
 flattering reference to the lady assistants and to the Ameri- 
 can women in general, were republished in the " Diary of a 
 Besieged Resident in Paris." 
 
 A Paris clerk of Messrs. Bowles & Brothers, London, who 
 had been one of the corps of the American ambulance, in a 
 private letter to his firm under date of Jan. 10, 1871, said, — 
 
 " Of course 3'ou have heard of our success, — how the Amer- 
 ican ambulance is the model ambulance of Paris ; and how 
 few our losses are, compared with others. Dr. Swinburne is 
 really the only surgeon in the place. It is no easy work, es- 
 pecially after a battle like Champigny, where we had one hun- 
 dred and thirty men come in in two days. I brought in the 
 lirst wagon-load of six at four o'clock, and from that time 
 until the next midnight we were bringing them in. Several 
 were severely wounded, and died that night. Most of the 
 men were severely wounded : we looked for that kind on 
 the field. Dr. Swinburne seemed scarcely to sleep at all, 
 and his aids and the ladies worked like Trojans. We had 
 two Prussians: both were mortally wounded, and died soon 
 after, though the last one struggled on three weeks. It 
 was a wonderful case, for his pelvis was literally splintered. 
 Splendid fellows, both of them, and it grieved us to have 
 them die." 
 
LIVING ON HORSE-FLESH. 127 
 
 The most populiir foreign representative in Paris during 
 the siege was the Anicriean minister, Wasiiburn, as waa 
 Dr. Swinburne the most popular surgeon. Wherever either 
 appeared, they were cordially greeted. On tiie 27th of Sep- 
 tember, the " New-Yoik Herald's" correspondent said, "The 
 American ambulance corps and Minister Washburn were 
 loudly cheered on the streets to-day. The crowd was so dense, 
 that the new police appeared on the Champs Elys<ies, and 
 opened a passage for the ambulance." The same correspond- 
 ent on the 3d of October, in telegraphing with reference to 
 the battle at Chevilly, said, "Dr. Swinburne describes the 
 wounds of the needle-guns as terrible. The balls are of a 
 larger size than any other used by contending armies. Tlie 
 ambulance went farther into the Prussian lines than into 
 those of the French after the last battle. It was fortunate 
 that the party fell into the hands of intelligent Prussian regi- 
 ments, or they would not have escaped in safety." 
 
 A gentleman named Keed, who had charge of the branch 
 house in Paris of Tiffany & Co. of New York, and who left 
 Paris, with other Americans, on Oct. 25, said in a New-York 
 paper, — 
 
 " The American Sanitar}^ Commission is doing a noble work. 
 Several large tents compose its hospitals, and on Oct. 25 they 
 contained fifty-five wounded. The great superiority of the 
 American over the French system in caring for and treating 
 the wounded was clearly illustrated. They are regarded by 
 the French as much better than their own. In case of a 
 battle, the American ambulance men are always first in the 
 field, and go to the front, and even into the lines of the 
 Prussians." 
 
 The superiority of the American ambulance is testified to, 
 said the " New-York Tribune " of Nov. 17, by a correspondent 
 writing from Paris, who said, — 
 
 "A friend who went out with the American ambulance in 
 the sortie of the 22d ult. says that the wagons came back 
 laden with wounded, amono^ whom were two soldiers belongr- 
 mg to what was not long since one of the finest regiments in 
 the world, — the Third Zouaves, — but since dwindled down 
 to seven, of whom three are lying at the American ambu- 
 
128 A TYPICAL AMERICAN. 
 
 lance. One of the principal Paris papers is loud in its pi-aises 
 of this ambulance, and equally severe upon some of the 
 others." 
 
 The condition of affairs in Paris was such as to ordinarily 
 render the introduction of any system in the treatment of 
 sick and wounded, different from what had been practised, 
 very difficult of favorable results. Portions of the city, par- 
 ticularly where the American embassy had existed, became 
 so hot from Prussian fire, that Mr. Washburn had to vacate, 
 and retreat to more secure quarters. A most absorbing 
 thought, with many of the correspondents, was something to 
 eat, and the bill of fare of the besieged was at times the 
 burden of their despatches. One of the first announcements 
 in this respect was from a London correspondent, in a tele- 
 gram to the " New-York Herald " of Oct. 12, which conveyed 
 the intelligence that on the 7th inst. the residents began to 
 slaughter and eat the animals in the menagerie, Jardin des 
 Plantes. This was the forerunner to the famine that fol- 
 lowed, and cleared the city of almost all the canine and feline 
 hordes within its walls. The capricious epicurean, whether 
 French or foreign, had to appease his whimsical palate with 
 a dish a New-York street Arab would disdain. Some of the 
 correspondents and ambulance corps, however, under the 
 adverse circumstances, became used to the diet, and indeed 
 became attached to it, declaring as connoisseurs that " kitty," 
 under the manipulations of a French cook, was as tender 
 and delicious as a rabbit. 
 
 There was a difference of opinion as to the success of Dr. 
 Swinburne's system of conservative surgery as practised in 
 Paris ; but the implied question as to its success was generally 
 given to the world by those who only arrived in Paris after 
 the siege was raised. In no histories of other wars have the 
 hospital treatment of the wounded, and the skill of the sur- 
 geons, been brought so prominently forward as during the 
 Franco-Prussian. Scarcely a pamphlet has been issued regard- 
 ing the war, that there was not a reference to the ambulances. 
 
 Archibald Forbes, who arrived in Paris after the raising 
 of the siege, said in his " Experiences of the War between 
 Germany and France," — 
 
LIVrN(} ON HORSE-FLESn. 129 
 
 "Half Paris seemed converted into hospitals, if one might 
 judge from the flags. So far as I could learn, the French 
 surgeons in the early days of the siege, when the conditions 
 were favorahUi, were earnest in the pursuit of conserva- 
 tive surgery. I)Ut as the siege progressed, times clianged. 
 Circumstances became unfavorable to the recovery of the 
 wounded under any ^surgical conditions. True, it was pos- 
 sible still, in some favored lazarets, to pursue conservative 
 surgery (a most favorable example was that of the American 
 ambulance, under Dr. Swinburne) ; but all the receptacles for 
 the wounded manifestly could not sliare this good fortune. 
 There were crowded and long occupied wards, generating 
 pyaemia, gangrene, and erysipelas ; there were overworked 
 orderlies ; and there was food of a character inevitaljly tend- 
 ing to the impoverishment and vitiation of the blood. These 
 conditions presented but a poor field for the successful prac- 
 tice of conservative surgery." 
 
 In referring to the excision of the knee and elbow joints, 
 and the establishment of a juncture between the parts on 
 either side of the excised joints, Mr. Forbes said, — 
 
 " The value of such an operation successfully consum- 
 mated is immense; and under favorable conditions, with skill 
 in the operator, a fair bodily condition in the patient, and 
 sedulous after attention, such an operation is successful in 
 most cases to a pitch which our ancestors did not dream of. 
 The surgeon has to consider the practicability of diminishing 
 the risk to the lowest possible minimum. The dressing is 
 complicated, and the demand on the vital energies that stimu- 
 late the healing-power is probably larger. On the otlier 
 hand, when he amputates, he exposes but one surface, and 
 the other risks are smaller in every way. I fear the success 
 of the operating surgeon has been in no case encouraging: 
 it w\as hardly in the nature of things that it should have 
 been so." 
 
 An historical fact connected with surgery in the French 
 army during that w^ar, and admitted by the scientific men of 
 England and France, was that the greatest and only success- 
 ful surgeons were Dr. Swinburne in Paris, and Dr. Marion 
 Sims of the Anglo-American ambulance, outside of Paris, both 
 Americans, and both following the same system of conserv- 
 ative surgery. Had this practice of conservation been fol- 
 
130 A TYPICAL AMERICAN. 
 
 lowed in the other hospitals and other ambulances, and the 
 operating surgeons understood their work, the eminent Eng- 
 lish surgeon would not have Leen called on to record, that, 
 " in the American ambulance in Paris, we had undoubtedly 
 the most favorahle results of any ^ 
 
 Three years after Dr. Swinburne left Paris, the following 
 letter was received, dated the United-States Legation, Paris, 
 Oct. 28, 1874, and signed by Minister Washburn : — 
 
 "I learn that the friends of Dr. John Swinburne are anx- 
 ious to have him appointed professor of surgery. Dr. Swin- 
 burne remained in Paris during the siege as chief surgeon 
 of the American ambulance, and acquired great distinction. 
 I think he was regarded as without an equal in any of the 
 military hospitals of Paris. Many of his operations were 
 remarkable, and attracted great attention among the profes- 
 sion. In acknowledgment of his services, the French Gov- 
 ernment decorated him a chevalier of the Legion of Honor." 
 
 " In securing the services of Dr. John Swinburne as sur- 
 geon-in-chief of the ambulance," said Dr. Evans in his work, 
 " the committee was particularly fortunate. Dr. Swinburne 
 was a surgeon par excellence, an earnest advocate of conserv- 
 ative surgery, an enthusiast even as regards the conservative 
 treatment of compound fractures, and a skilful operator Avhen 
 operations were required. He possessed a rare and highly 
 valuable quality." 
 
 On the 17th of March, 1871, as he was about to leave Paris, 
 " La Vdrite," in an article, said, — 
 
 " We are happy to learn that Dr. Swinburne, the surgeon- 
 in-chief of the American ambulance, and Dr. Johnson, physi- 
 cian-in-chief of the same ambulance, have just received the 
 Cross of the Legion of Honor. The services rendered during 
 the siege by the American ambulance are known. The devo- 
 tion exhibited by the members of that ambulance is also 
 known. In the accomplishment of their charitable work, 
 they have recoiled before no effort, before no sacrifice. The 
 distinctions which they may have received are the merited 
 recompense of their zeal and their earnestness to aid those 
 afflicted with the greatest mit^fortunes. We may add, that 
 long experience and great skill secured to most of the 
 wounded confided to their care cures often unexpected, and 
 
LIVING ON nORSE-FLESir. 131 
 
 that the excellent system of tents, whieli li.'ul already been 
 tested (lurint^ the secossif)n war, has offered at I'aris, as 
 well as in America, llie most siir[)risin^ results. The leaders 
 of the American ambulanc^e have nol)Iy proved their symi)a- 
 thy for France, and they have gained, what is worth more 
 even than honorary distinction, the esteem and the gratitude 
 of all." 
 
 The age of chivalry was pre-eminently an age of individ- 
 ualism, and he who had power was ever eager to show the 
 world he possessed it. A knight distinguished for his cour- 
 age, strength, and skill, added to his honor by the splendor 
 of his equipments. An ostentatious display was eagerly 
 engaged in by them, and every gathering of these valiant 
 knights became a scene of magnificent display. One of the 
 greatest incentives to acts of heroism with them was to re- 
 ceive the smile of a lady, or kiss the hem of a garment 
 woven by her fair hands. In this age of enlightenment and 
 true chivalry, ostentation is ignored by the eminently great, 
 and, like our honored countryman and distinguished physi- 
 cian, their ambition is to perform great acts for humanity, 
 rather than to seek the plaudits of men. In the convic- 
 tion that he has done his duty to his fellow-beings at home 
 and abroad. Dr. Swinburne takes more pride than in all 
 the official honors or decorations the heads of nations can 
 bestow, although he appreciates these, because they were 
 bestowed on him, not as marks of political favor, but as tokens 
 of appreciation of his unselfish labors. Truly great is the 
 man who in our own Rebellion, and in the French capital 
 when besieged, labored for others so bravely without a dollar's 
 remuneration from the government of either nation. 
 
CHAPTER XL 
 
 REVOLUTIONIZING SURGERY. 
 
 Startling Coincidences. — Differing Doctors. — Jealousy in the Profession. — 
 Swinburne on Fractures. — Common Sense in treating the Maimed and 
 "Wounded. — What the Medical Journals think. — Providential Cure. 
 
 The study of the history of that portion of science which 
 treats of surgery or chirurgery, affords, even to the general 
 reader, some very interesting incidents, and demonstrates an 
 advance in that branch of science unprecedented, perhaps, in 
 any other scientific research and improvement. All through 
 its history, from the ages when it was enshrouded in igno- 
 rance, up to this time, when it ranks among the greatest 
 scientific attainments, every step in its progress has been 
 marked by the same professional jealousies that are mani- 
 fested at the present time, and the same persecution of those 
 who have led it step by step from its ignorant surroundings 
 up to the high scientific plain it occupies. The reader of 
 history will find much of interest in its perusal, and every- 
 where will notice the striking coincidence among the learned 
 and the professional bigotry and persecution by those who, 
 having settled into a traditional rut, are still desirous of re- 
 maining there, and who are opposed to any methods of treat- 
 ment not in accord with the lessons taught them by those who 
 lived in generations long since passed away. Formerly sur- 
 gery was altogether and exclusively practised by the priest- 
 hood ; and the ignorant masses believed the invocation by 
 these of the help of spirits, good or bad, was the only effective 
 remedy for the amelioration of the sick, maimed, and suffering, 
 who are now treated on scientific and enlightened grounds, as 
 far as possible with the knowledge of the present day. The 
 Council of Paris even went so far, but a few centuries ago, as 
 to pronounce the practice of surgery degrading to the dignity 
 
REVOLUTIONIZING SURGERY. 133 
 
 of the sacred ofTice of tlio prie.stho()d, aiul boneaUi the atten- 
 tion of men of leartihig. History says that Pythagoras was 
 the first to raise it to the dignity of a science, by bringing 
 philosophy to boar upon the practice, he believing that tlie 
 physician, who had hitherto been considered as one gifted 
 with divine knowledge, must, to be accomplished or success- 
 ful, possess an intimate knowledge of the principles of sur- 
 gery, if Jiot with its practice, as it is conceded in this age 
 that a perfect knowledge of anatomy and physics is absolutely 
 essential in an accomplished surgeon. 
 
 In the beginning of the sixteenth century, when surgery 
 was in that condition to which it had retrograded after the 
 efforts of Celsus, A.lbucasis, iEsculapius, Paulus ^gineta, and 
 Pythagoras to elevate it, and where it had remained for a 
 couple of hundred years, when its practitioners were confined 
 to barbers, farriers, cobblers, and tinkers, France produced the 
 great Ambrose Par(^, who did not think it any thing deroga- 
 tory to have applied to hini the title of " barber surgeon," even 
 as our eminent surgeon, John Swinburne, does not feel hu- 
 miliated at being called the " fighting doctor," because of his 
 contests with professional malpractice and political corrup- 
 tion. Pare's experience in the treatment of gunshot and other 
 wounds on the field of battle, in 1569, naturally directed his 
 attention and investigation to the subject of hemorrhage ; and 
 to him was accorded the discovery of the method of arresting 
 bleeding from arteries by ligature. Yet so averse, says a 
 writer on surgery, are mankind to abandon their ancient cus- 
 toms, that the improvements of Pare met with strong and 
 bitter opposition, and were not sanctioned until after much 
 abuse and persecution directed against himself and his dis- 
 coveries. Indeed, so bitter and unrelenting were his jealous 
 brethren, that he was compelled, for his own safety, to adduce 
 garbled and incorrect extracts from Galen and other ancients, 
 in proof that to them, and not to him, the invention was to be 
 referred. He was, however, amply repaid b}- future fame for 
 the opposition which he had at first sustained. He rose to 
 an unparalleled height of popularity afterwards with the army, 
 and was absolutely adored by the soldiers. So great was his 
 
134 A TYnCAL AMERICAN. 
 
 influence over them, that on one occasion his presence in a 
 beleaguered city, where the troops were about to surrender, 
 infused among them a new vigor, and the besieging army 
 perished under the walls. His has ever been an honored 
 name in French history, and to him the "Journal Official de 
 la Republique Frangaise," in an editorial on Nov. 27, 1870, 
 enthusiastically compared the American surgeon, M. John 
 Swinburne. The seventeenth century gave to surgery in 
 France Desault and Petit, — names ever proud in the annals of 
 surgery. These men had to endure the same envious opposi- 
 tion which seems to have been the inevitable fate of nearly 
 all those who have occupied, or now occupy, an advanced and 
 prominent place in the profession. Desault, who improved on 
 the apparatus for fractures, and invented a splint for fractures 
 high in the femur, was, through jealousy, arrested while 
 delivering one of his lectures in the theatre, and cast into 
 prison ; where he remained, however, but a few days, when he 
 was released, and he afterwards received many official honors. 
 During the same century, when surgery had made but little 
 advance in the British Empire, England produced Percival 
 Pott, and Scotland, John Hunter, boih eminent men. Plunter, 
 who at the age of seventeen years was working at cabinet- 
 making with his brother, became the very head of surgeons 
 afterwards, and because of an outspoken charge against his 
 colleagues in St. George's Hospital, that they neglected the 
 proper instructions of the students under their care, brougjit 
 out a ver^^ bitter controversy, which was frequently repeated. 
 During one of these heated disputes he was taken with one 
 of his old attacks of spasmodic heart-disease, and in a few 
 moments expired. Because of a similar charge made by Dr. 
 Swinburne when professor of clinical surger}-, against some 
 of his colleagues in the Albany Medical College, that faculty 
 found it convenient to their own comfort not to remove him, 
 for that they dared not do, but instead abolished the chair 
 he filled. But the doctor did not die, physically or profes- 
 sionalljs in the conflict, and has lived to be as a thorn in the 
 sides of ignorant and unskilfid surgeons, who are powerless 
 to remove him from his high position, or silence him profes- 
 sionally because of his superior ability. 
 
REVOLUTIONIZING SURGERY. 135 
 
 Pott's attention was more partionliirly directefl to the 
 treatment of fractures, of which he had some painful ex- 
 perience in his own ])crson, liavin^ siistaiiu^d a com[)ound 
 fracture of liis leg. His own knowledge led iiiin to ijelieve 
 there was a greater success, with less suffering to the patient, 
 to be attained in this particular branch of surgery ; and, as a 
 result of his investigations, another step in advance was ac- 
 complished. He achieved a most important beneficial reform 
 in the profession by employing the cutting instruments with 
 greater caution and more reserve, and showing more regard to 
 the laws of nature. As a straw indicates the direction of the 
 wind, increasing from a gentle zephyr to a destructive hurri- 
 cane, so the most trivial occurrences in life have given us the 
 greatest results. Dr. Swinburne had not received any frac- 
 tures ; but those intimately acquainted with him may have 
 noticed one of the fingers of one of liis hands a little shorter 
 than natural, because of having lost one joint ; and it is 
 probable that the maltreatment of that finger in his boy- 
 hood, trifling as it may seem, may have been one of the in- 
 centives to prompt him to devote his talents to surgery, which 
 has given to America one of the greatest surgeons of the age. 
 Of course, like his learned and eminent predecessors, he has 
 been the object of bitter professional persecution, which at 
 one time annojed him, but now has no more force than a dog 
 barking at the moon, and demonstrates that even the most 
 idiotic prefer to throw stones at the tree which bears fruit, 
 and which they cannot pull down. 
 
 The names of Par^, Desault, Petit, Pott, and Hunter all 
 live in history, while those of their envious persecutors have 
 been forgotten, just as John Swinburne's will live in history 
 when the facult}'- who opposed and endeavored to injure him 
 will be unheard of, as they are now unknown, except to a 
 small and very limited circle, notwithstanding their herculean 
 efforts to obtain newspaper notoriet3\ Dr. Swinburne, like 
 the eminent men referred to, found time, in addition to the 
 many other labors he performed, to prepare and contribute to 
 medical literature a number of the most valuable papers of the 
 century on surgery and the treating of diseases, many of these 
 
136 A TYPICAL AMERICAN. 
 
 calling forth the highest indorsement from the medical jour- 
 nals ; some of his views, like those advanced by his learned 
 predecessors, arousing discussions among the profession, and 
 calling forth captious criticism, which only proved the supe- 
 rior knowledge of the writer. 
 
 In the second volume of the " Surgical and Medical Re- 
 porter " IS a detailed account b}^ Dr. O. H. Young, house sur- 
 geon to the Albany City Hospital, of the " Exsection of the 
 Middle Third of the Fibula," by Dr. Swinburne. On the 5th 
 of June, John Kane, aged fort3'-five years, was admitted to 
 the hospital. Five years previously he began to be annoyed 
 by a deep-seated pain in the right leg, with exacerbations at 
 night, and otherwise presenting the characteristics of acute 
 periostitis. On June 8 he was rendered fully unconscious 
 by chloroform ; and Dr. Swinburne proceeded to operate by 
 making an incision upon the bone about six inches in extent, 
 and crossed above by another about three inches, in the form 
 of a T. The peroneal muscles and inter-osseous ligament were 
 then dissected off, and the trephine applied above and below 
 the diseased portion, thus separating, with the aid of powerful 
 bone forceps, a section of the fibula measuring four and a 
 half inches in length, including the buttons removed by the 
 trephine, three inches in circumference at one, and three and 
 a quarter at the other extremity. This portion of the bone 
 was entirely perforated in its centre, and greatly enlarged, 
 roughened, and hardened by disease, rendering the use of the 
 trephine a very laborious task. On Aug. 8 the leg was found 
 to be entirely healed, with the exception of a portion about 
 an inch in extent, which was not yet covered with skin. No 
 fistula opening could be found in this ulcer. The patient at 
 that time was hearty and strong, slept well, and had a good 
 appetite ; was entirely free from pain, and walked with much 
 less halt than was to be anticipated so soon after the opera- 
 tion. A few months afterwards he was entirely restored, and 
 has experienced no return of the pain since. 
 
 In the third volume of the " Medical and Surgical Report- 
 er," he contributes an article on the dislocation of the radius 
 (^forwards and upwards on the humerus, so as to prevent flex- 
 
REVOLUTIONIZING SURGKRY. ^^>1 
 
 ion of the arm to any cf)ii.si(loral)l(; oxiciit), and fiacture of the 
 ulna, with mode of reduction and ti-eatnunit, nine weeks after 
 the injury. 'J'his was tlie ease of a hoy l)elonf^inf( in Denmark, 
 Lewis County, N.Y., who fell, and, striking on the left hand, 
 produced a fracture of the ulna at the junction of the second 
 and lower third, accompanied by a distortion which was not 
 reduced. Six weeks after the accident, several pjhysicians 
 and surgeons who were consulted advised non-inteiference. 
 Two weeks afterwards Dr. Swinburne examined the arm 
 at the seat of the fracture, when he found the ends of the 
 ulna overlappe(I, and united at an angle of twenty-five de- 
 grees, the upper fragment projecting beyond the line of the 
 bone, so as to produce an oblong tumor of an inch in length, 
 and lialf an inch in width, almost protruding through the 
 skin. With a view to reforming this deformity, and restor- 
 ing the usefulness of the elbow, the patient was placed under 
 the influence of chloroform, and the ulna seized above and 
 below the fracture, and by steady efforts the union broken 
 up, and the extremities rendered movable. For ultimate 
 success, it was necessary to maintain permanent extension, 
 both to prevent overlapping of the ends of the ulna, and 
 also to reduce and retain the head of the radius in position, 
 as well as b}'^ a constant and permanent reductive effort to 
 restore the symmetry of the joint, the bones being constantly 
 forced towards their proper places, the effusion being absorbed 
 by the pressure. To effect these requirements, an apparatus 
 was contrived. A full description of the apparatus is given, 
 and the principle involved, which, he said, may be illustrated 
 very easily by simply jolacing a bit of board on the fore-arm, 
 from the fingers to the elbow, fixing it at the joint with the 
 other hand, and then flexing, when it will be seen that the 
 splint extends two inches or more beyond the fingers. This 
 splint, or apparatus, was applied Oct. 24 ; and on the 29th 
 the patient was able to bend the arm to an angle of seventy- 
 five degrees, so that the hand could be carried up to the 
 mouth, with the limb of full length, and the head of the 
 radius in its normal position. When the patient first came 
 to Dr. Swinburne for treatment, the head of the radius rested 
 
138 A TYPICAL AMERICAN. 
 
 upon the anterior face of the humerus about one inch, and 
 could not be dislodged till the ulna was broken and extended. 
 Nine days after the splint was applied, the ends of the ulna 
 were in perfect apposition, with perfect freedom of motion in 
 flexion, extension, and rotation ; and the boy left for home. 
 In that article he stated that extension could be obtained by 
 two simple boards united by a hinge, and padded so as to be 
 comfortable ; so that in cases of emergency an extemporane- 
 ous appliance could be readily procured. 
 
 In July, 1859, he contributed an article to the " Medical 
 and Surgical Reporter " on the reduction of the dislocation 
 of the humerus (arm-bone) five months after the accident. 
 This was an interesting case. On the 28th of June, Anson 
 Orrasby of Lewis County came under the treatment of Dr. 
 Swinburne, twenty-three weeks and three days after the 
 accident, to be treated for a dislocation of the left humerus 
 from the shoulder by falling. On the day of the accident a 
 physician treated the dislocation who believed he had suc- 
 ceeded in restoring the head of the bone to its socket, and 
 pronounced the joint perfect. Six weeks afterwards the same 
 physician confirmed his former opinion, and volunteered to 
 warrant a complete success. Nearly twelve Aveeks after the 
 accident the same physician, on an examination, declared the 
 shoulder had been re-dislocated, and labored three hours un- 
 successfully to reduce it. Six weeks afterwards he went to 
 Brovvnville and Watertown, Jefferson County, to seek surgi- 
 cal advice, and was recommended by all whom he consulted 
 to have no more attempts made at reduction, inasmuch as it 
 was considered irremediable after so long a period of time. 
 He afterwards applied to Dr. Swinburne, and the reduction 
 was effected in three-quarters of an hour. The remarkable 
 feature in this case, as set forth in the article, was that the 
 length of time between the date of dislocation and reduction 
 was more than twenty weeks, when it was considered that dis- 
 locations are rarely considered reducible after three months, 
 and that the deformity did not appear immediately after 
 reduction, as is always the case in recent dislocations. The 
 doctor, after detailing the methods adopted, asked, " Is it not 
 
REVOLUTIONIZING SURGKRY. 139 
 
 possible that siirfreotiH may he sometimes in error, in cases of 
 long Htiuidiiig, IVoin tlii.s circuiTistiiiico, and tliat cases are 
 sometimes ahundoned as irremediahle because of the impos- 
 sibility of restoring immediate symmetry, whereas, by secur- 
 ing the parts as accurately and firmly as possible, the deformity 
 may gradually j)ass away, as absorption of deposited matter 
 progresses, and the head of the bone settles more and more 
 accurately into its natural position?" 
 
 In the fourth volume of the same work is an interesting 
 paper by Dr. Swinburne on the reduction of a dislocated 
 humerus after eighteen weeks. On Oct. 13, 1859, William 
 Sutliff of Brockett's Bridge, Herkimer County, was thrown 
 from his wagon, and the arm near the shoulder-joint frac- 
 tured. In two months after the fracture had been reduced 
 he had gained the use of his arm, with the exception of 
 utter inability to extend it from him, or raise it to a hori- 
 zontal position. The attending physician, Dr. Walker, sus- 
 pected the cause, and, on making a thorough examination on 
 the 1st of January, discovered that the humerus was dislo- 
 cated downwards and forwards. He was brought under the 
 charge of Dr. Swinburne on the 18th of February, and 
 on the 21st rendered insensible by means of chloroform. 
 The relations of the morbid structures of the shoulder were 
 accurately diagnosed ; the head of the humerus lying in the 
 axilla, as in ordinary dislocations, downwards and forwards. 
 The head of the bone was considerably thickened, and there 
 were indications of great deposits of fibrine in and about the 
 axilla ; so that the motion of the arm was greatly limited. 
 Efforts were made to reduce precisely as in ordinary recent 
 cases. But, undoubtedlj^ from obliteration of the glenoid 
 cavity deposits, the head of the bone would not remain in 
 situ when the extension and other reductive efforts were re- 
 laxed. He then had recourse to permanent and constant 
 means which he had made use of in similar cases with unex- 
 pected results. About the 15th of May, Mr. Sutliff returned 
 home under general instructions, and placed himself under 
 the care of Dr. Walker, who afterwards wrote Dr. Swin- 
 burne, — 
 
140 A TYPICAL AMERICAN. 
 
 "T continued the dressing you had applied, re-dressing about 
 every otlier da}', till the 9th of April. ... I then discon- 
 tinued all dressing, and advised him to use tlie arm moderately, 
 which lie has been doing ; and he is now working some at his 
 trade (boot and shoe making), chopping wood, planting, etc., 
 and, on the whole, regards his case as a providential cure.'''' 
 
 This paper, like others by the doctor, gives a minute and 
 comprehensive detail of the case and the treatment, and is of 
 interest to the profession. 
 
 There are a number of cases similar to these to be found 
 in the practice of Dr. Swinburne in the county of Albany, 
 and other parts of the State, which would be termed remarka- 
 ble if published in the books, but which have never been 
 given to the public. As a sample, we give the case of Mr. 
 William Doyle, a stove-manufacturer in the city of Albany, 
 a gentleman weighing over two hundred pounds, as related 
 to the writer by Mr. Doyle himself. In 1857 he was thrown 
 on the Troy road, and the shoulder dislocated downwards, 
 resting on the nerves. A professor in the Albany Medical 
 College was called, and claimed that he had reduced the frac- 
 ture. For several months afterwards Mr. Doyle suffered the 
 most exci-uciating pain, with the flesh badly swollen and the 
 skin colored. Unable to bear it longer, he called in Dr. Swin- 
 burne, who, on an examination, found that the dislocation had 
 not been reduced ; that the joint, instead of being in the socket, 
 was off to one side ; and that the bones had grown together 
 in this unnatural position. By the use of rubber extension 
 and counter-extension. Dr. Swinburne tore the parts apart 
 again, and properly reduced the dislocation to its normal 
 condition, Mr. Doyle saying it required the power of ten 
 men to break it apart. Notwithstanding the pressure was 
 thus removed from the nerves, it was several months before 
 the nerve-power of the hand was restored, or the pain sub- 
 dued. He considers his ever having the use of his arm still 
 a matter of surprise to him ; and although he has the use of 
 his arm and fingers, and can lift with the arm as with the 
 other, owing to the bone having so long rested while out of 
 place on the nerves, he cannot put his hand to the back of 
 his head, or hold it up for any length of time. 
 
REVOLUTIONIZING SURGERY. 141 
 
 Anotlier similar case was tliat of a Mrs. Jones, who was 
 treated by a profcissor of the college and another physician 
 for a dislocated slioiilder. Months afterwards it was exam- 
 ined l)y Dr. Swird)unH! and another physician, and was found 
 to be out of joint, and resting down on the nerve. The dis- 
 location was then reduced ; but, owing to the time it had 
 been out of joint, the nerve-power of the hand was destroyed. 
 An action for damages was brought by Isaac M. Lawson 
 against one of the physicians, and a verdict of two thousand 
 dollars recovered. 
 
 Another instance where the doctor was called to attend a 
 similar professional error, as told to the writer, was that of a 
 lady over seventy years of age, who had sustained a disloca- 
 tion of the shoulder, and had been treated by another profes- 
 sor and an assisting phj'sician, who dressed the shoulder in 
 plaster of Paris. A month afterwards they removed the 
 dressing, and declared it had been again dislocated. Six 
 months after this. Dr. Swinburne was called by the lady's 
 friends, and asked to remedy the wrong. Notwithstanding 
 his desire to give comfort and ease to all, owing to the ad- 
 vanced age of the woman, and the length of time that had 
 elapsed, he declined to make the effort. 
 
 These are but specimens that might be cited ad infinitum^ 
 notwithstanding Dr. Swinburne's assertion "that the reduc- 
 tion of dislocations has been made very simple : " and he sug- 
 gests the adoption of one of two alternatives; i.e., that those 
 who undertake the reduction of dislocations or fractures, or 
 the treating of the sick or maimed in any manner, should 
 either qualify themselves for the work, or refrain from in any 
 emergency interfering with that most delicate creation of the 
 Maker " so strange and wonderfully made." 
 
 In the " Reporter " of December, 1860, he had an article 
 on entomology pins versus metallic and other sutures. In 
 this paper he presented the use of the pin as a universal 
 substitute for all other forms of suture when applied to the 
 external surface of the body, not even eccepting the metallic 
 thread. They produce, he argued, no irritation of the tissues, 
 and consequently do not interfere with the process of union, 
 
142 A TYPICAL AMERICAN. 
 
 though introduced at intervals no greater than a quarter of 
 an inch. The introduction of small entomology pins, he 
 chiimed, is attended witli but little pain in comparison with 
 that produced by the passage of a needle and thread ; and, 
 by the use of the pins, the edges of a wound can be ap- 
 proximated in the nicest possible manner by means of the 
 thread, as used in ordinary harelip operations ; so that union 
 by the first intention is more sure to follow than in case of 
 any simple, interrupted, or even qailled sutures. He added, 
 " The advantages of this dressing are particularly manifest 
 when applied to the face and head, obviating the necessity 
 of adhesive plaster and similar appliances, and obtaining the 
 most perfect approximation without special fear of erysipelas, 
 unseemly cicatrices, or, in scalp wounds, the sacrifice of hair. 
 For my own part," he said, " I am in the habit of using this 
 dressing for every operation where it is important or desira- 
 ble to obtain union by first intention, such as amputations 
 of limbs, tumors, etc.: in fact, wherever the thread-suture is 
 applicable, the pin is equally so. In consequence of its non- 
 irritating character, I am in the habit of applying it where I 
 should deem it imprudent to insert a thread." After treating 
 fully of the benefits to be derived, both surgicall}^ and in mat- 
 ter of cost, and giving a minute description of the method of 
 using the pin, he concluded his article by saying, " After one 
 year's constant experience with the pins, I should be loath to 
 resume the use of the old suture." 
 
 With that peculiar idiosyncrasy that actuated a portion of 
 the Albany profession at that time, — a desire to find a flaw in 
 the works or practice of Dr. Swinburne, — they cried, "Now 
 we have him ! " and one of the number, ashamed or afraid to 
 disclose his individuality, rushed into print with the idiom 
 peculiar to them, and, under the cognomen of " Subscriber," 
 said, "the communication was at least five 3^ears behind the 
 times." The editor, after publishing " Subscriber's " com- 
 ments, in a few lines at the end disposed of the criticism by 
 saying, in substance, that, prior to Dr. Swinburne's article, 
 there had been no articles published in which the use of the 
 entomology pins was recommended as a universal substitute 
 
REVOLUTIONTZING SURGERY. 14'> 
 
 for all kinds of sutures, and tlicn dropped the subject on the 
 piinci|)le, ex nilulo nihil fit (" nothing comes of nothing";. 
 
 In the large practice of Swinburne's Dispensary in Albany, 
 no other dressing is used in these wards than pins, where 
 thousands upon thousands have been used ; and the doctor 
 has never seen any of tlio evil results of lockjaw, erysipelas, 
 or other unfavorable results ; and, indeed, he has never, in 
 all his extensive practice, had but three cases of lockjaw, 
 and these were the result of dampness and cold in the homes 
 of the patients. 
 
 Brief and concise papers of valuable importance to the pro- 
 fession, on other subjects pertaining to medical jurisprudence 
 besides surgery, have been from time to time contril)uted ; 
 among them, treatises on cholera, small-pox, and yellow-fever, 
 and papers on short and displaced femur, the cause of retarded 
 labor, cases of rupture of the uterus, and on errors of diagnosis 
 in cases of pregnancy. On the last thesis he said, " Do not take 
 the opinions of any one of the profession, nor of every person 
 in it, or you will be constantly deceived ; do not interfere with 
 a doubtful case of pregnancy, especially where the patient's 
 health is not impaired by the cessation of menstruation." 
 
 In 1859 he read a paper before the New-York State Medi- 
 cal Societ}' on the treatment of fractures of the femur by 
 simple extension, ignoring splints and bandages, and related 
 the histories of twenty-five cases, which, in his hands, had 
 resulted better, with more rapid recoveries, and more comfort 
 to the patient, than he had been able to attain by any other 
 means. In 1861 he presented another, in which he advanced 
 the idea that the same method could be applied to the treat- 
 ment of fractures of all the long bones with equal success ; 
 and also that splints and bandages per se were useless, and 
 in many instances worse than useless, if not absolutely in- 
 jurious, except they are used as media by which the muscles 
 are kept on a stretch, and even then should not be so used 
 . as to nompress the soft tissues, or retard circulation. These 
 papers attracted universal attention among the profession, and 
 were, in addition to being published in the annual report of 
 the society, republished in the New-York •' American Medi- 
 
144 A TYPICAL AMERICAN. 
 
 cal Times " and the Philadelphia " Medical and Surgical Re- 
 porter." These articles, giving a treatment not commonly 
 known to traditional surgery, aroused the slumbering Rip Van 
 Winkles of the medical profession, who believed the doctrines 
 were erroneous because they were not found in the books ; 
 and to their author was the same spirit manifested as to 
 Galileo when he declared that the world, rather than the sun, 
 revolved. Among those to declare their unbelief in these 
 articles, or the mode proposed for the treatment of fractures 
 of the long bones by extension, was O. C. Gibbs, M.D. In 
 these papers, Dr. Swinburne claimed, by actual experience, 
 that the practical surgeon required no appliances for the 
 treatment of fractures of long bones except such as are extem- 
 poraneously made ; and that the same can be said of the 
 treatment of fractures occurring in, or in close proximity to, 
 any joint, such as intracapsular fracture of the neck of the 
 femur, Colle's fracture of the radius, those involving the 
 elbow-joint, the surgical neck of the humerus, compound 
 dislocation and fracture of the ankle-joint, compound frac- 
 ture of the tibia and fibula, etc. ; and that the same is true of 
 diseased hip-joint, morbus coxarius, and also incipient knee- 
 joint disease. " It has been said," said the doctor, " that 
 accident makes the man,'''' and then asked, "Would accident 
 make the man if he had not the knowledge to take advan- 
 tage of the circumstances?" He added, "I can conceive 
 how accident might give us wealth ; but accident developing 
 wealth or social position, and accident developing one's mental 
 and scientific resources, are two things quite separate and 
 distinct." 
 
 In treating of the use of splints and the necessity of ex- 
 tension, he said, " All that Nature requires for perfect union 
 of bone is rest and a moderate degree of excited action, while 
 all pressure by splints, bandages, etc., only impedes the pro- 
 cess of reparation ; and this pressure, in my opinion, is a 
 prolific cause of non-union." 
 
 The true use of splints, he held, should be to keep the frac- 
 tured ends of the bone in apposition by placing the muscles 
 on the stretch, and thereby making them the true splints. 
 
REVOLUTIONIZING SUROKRY. 145 
 
 The experiments of Held and others show that muscles are 
 not susceptible of being stretched beyond their normal capa- 
 city ; that, when so stretched, they are capable of bearing 
 great lateral pressure without mucli deflection ; and any 
 attempt at undue lateral pressure results in rupture of the 
 muscular substance. 
 
 "While Nature," said the doctor, "requires rest for bony 
 union, she requires also perfect apposition for union without 
 deformity. How is apposition to be effected?" he asked. 
 " We start with the knowledge that a living muscle cannot 
 be extended beyond its normal capacity, and that any attempt 
 to go beyond this not only provokes resistance, but a tearing 
 of the muscles. Take, for instance, a fractured thigh : exten- 
 sion on the extremity b}' a strong man will stretch the mus- 
 cles to their normal length only, which fact can be shown by 
 the most careful measurement, thus proving that the danger 
 of too much extension is only imaginary. Assuming the posi- 
 tion," he said, "that the extended muscles act as permanent 
 adjusters of broken bones, and are in reality the only means 
 by which the fracture is maintained in apposition, I ask, 
 Of what use are all the mechanical appliances and appara- 
 tus called ' surgical splints,' if not to effect the above-named 
 results ? The splint, beyond this, possesses no practical 
 worth : on the contrary, it is apt, by its too careful adjust- 
 ment, to impede the reparative process by interfering with 
 the proper circulation of the proper part. . . . Then we may 
 say that in extension the living muscles and other investments 
 of the bone are the true splints, and that there is but little 
 exception to this principle being universally applicable. As 
 for myself, I employ this treatment indiscriminately, and I 
 only ask my professional brethren who have the opportunity 
 to try it, to do the same, and I am sure they will be able and 
 willing cheerfully to bear witness to its entire efficiency, as 
 have my friends, Drs. Thom of Troy, McLean of the Marshall 
 Infirmar}', Troy, Whitbeck of West Troy, and Willard of 
 Albany." 
 
 He then proceeded at length to demonstrate minutely the 
 ground taken, that fractures of the thigh or leg can be treated 
 
146 A TYPICAL AMERICAN. 
 
 effectively simply by a perineal belt, and extension from the 
 foot, and asserted that the method challenges comparison 
 with the results of the most complex machinery of splints 
 and bandages, and proved his deductions from about thirteen 
 years' experience in private practice in the treating of frac- 
 tures to be correct, in that in over forty cases of fractures of 
 the femur and tibia, by extension, in no instance was there a 
 shortening of over half an inch (and this the result of inat- 
 tention), while in a large majority there was no shortening at 
 all. He claimed there were many objections to the proposed 
 elastic extending and counter-extending bands with weights 
 and pulleys : among these, that it admits of spasmodic contrac- 
 tion of the muscles ; that it presumes all muscular tissues are 
 equal in tone and strength, which he held was by no means 
 the fact ; and that, were there to be applied a trifle too much 
 weight, the object would be defeated by absolute separation 
 of the bone. 
 
 Up to the time that Dr. Swinburne presented this paper, 
 we have failed to find in any of the medical journals any ac- 
 count of where any surgeon had assumed to use extension 
 for any fractures except that of the thigh, and of no attempts 
 to treat the thigh without some of the long splints and ban- 
 dages. And even now, with the experience that time has 
 given, only the more advanced scientific men have adopted 
 extension for all the long bones, and the dispensing of splints 
 and bandages, except where plaster of Paris is used. A few 
 years afterwards, in according " honor to whom honor was 
 due," Dr. Louis A. Sayre, professor of surgery in Bellevue 
 Hospital, said, "Dr. Swinburne was the first to introduce the 
 principle of extension and counter-extension in the treatment 
 of fractures before the profession." 
 
CHAPTER XII. 
 
 CONSERVATIVE SURGERY. 
 
 Only Advance in Forty Years. — Resection of Joints. — Condemning Ampnta- 
 tion for Fracture.s. — Ingenuity and Common Sense. — That Young Sur- 
 geon. — A Cliallonge not accepted. — No Splints, no Bandages. — Spicy 
 Correspondence. — A Successful Hobby. — Convincing Proofs. — Human- 
 ity's Friend. 
 
 With many of the old practitioners in the science of the 
 healing art, every attempt at progress in the philosophy of the 
 profession, counter to what has been published in the books 
 and accepted as established practice, is regarded as reductio ad 
 absurdum; and every new induction or appliance is held as an 
 experimentu^n crusis. But Dr. Swinburne believed the true 
 physician and surgeon, while alwaj'^s availing himself of the 
 best methods suggested by others, should always be watchful 
 for even better methods, and, using his own practical observa- 
 tions, be enabled to discover in this age of progress some 
 means that may tend better to the accomplishing of the ends 
 aimed at, fully realizing that in this branch of science perfection 
 had not yet been attained. In private and hospital practice he 
 had seen and taken an active part in many steps in advance. 
 But a new theatre of labor had opened, and war gave him a 
 greater opportunity, and again he made use of the knowledge 
 acquired. 
 
 That the experience of Dr. Swinburne in conservative 
 surgery in his private practice and in hospitals, as well as in 
 our Rebellion and in the Franco-Prussian war, was productive 
 of good results, better than from any other method, was 
 affirmed by Dr. S, D. Gross, professor of clinical surgery in 
 Jefferson College, Pennsylvania, embodying this treatment 
 in his surgical work ; and in one of his lectures before the 
 students, entitled " Now and Then, or Forty Years Ago and 
 Now," he said, in giving the names of men who had made 
 
148 A TYPICAL AMERICAN. 
 
 progress in siirger}^ " that the only progress made in the 
 treatment of fractures during that time had been made by 
 Dr. Swinburne and another." Less than forty years before 
 Professor Gross made that statement, Benjamin Rush, M.D., 
 professor of medicines and clinical fractures in the Univer- 
 sity of Pennsylvania, published a work in 1835, nearly ten 
 years before Dr. Swinburne commenced the study of medicine, 
 on the diseases of the mind, in which he said, " The objects 
 of fear are of two kinds, — reasonable and unreasonable. The 
 reasonable are fear of death and surgical operations." He 
 said, " The fear of a surgical operation may be very much 
 lessened by previous company and a large dose of opium. Its 
 pain may be mitigated by the gradual application of the 
 knife, and, in tedious operations, by short intermissions in the 
 use of it." 
 
 In an address before the Albany Medical College in 1874, 
 Dr. Swinburne said, " It is well known that the majority of 
 surgical cases which a young practitioner is called upon to 
 attend are fractures and dislocations. The reduction of the 
 latter has been made very simple ; but, with respect to the 
 treatment of the former, I propose to enter into a somewhat 
 detailed history, especially in regard to the progress made in 
 the application of principles. Looking back, we can easily 
 recall with what dread and anxiety all kinds of fractures were 
 once approached by the student of medicine. The danger of 
 bad results, and, more especially, the comj)licated machinery 
 deemed necessary to acomplish even passable results, were 
 obstacles difficult for him to surmount." 
 
 The attention of the profession was more than commonly 
 attracted to conservative surgery during our Rebellion ; and 
 in an article treating of surgery on the battle-field, the 
 " Medical and Surgical Reporter " said editorially on Oct. 25, 
 1862, — 
 
 " The temptations to perform capital operations are some- 
 times very great, and particularly so to the young surgeon 
 on the battle-field during a sanguinary engagement. Under 
 these circumstances, conservative surgery offers its claims 
 under great disadvantages. But a determined will may over- 
 
CONSERVATIVE SURGKUY. 149 
 
 come many seeming impossibilities, and limbs, and life too, be 
 saved by delil)eratioti and care. Where there is a possil)ility 
 that a limb may b(! saved, the patient should have the bene- 
 fit of great deliberation before it is decided to remove it (a 
 right conced(!d even a (jriminal). . . . We have been led into 
 this train of thought j)artly by witnessing the results of the 
 deliberation and forethought that characterized the manage- 
 ment of the United-States Military Field Hospital at Savage 
 Station, Va., while it was under the care of Dr. Swinburne 
 of Albany, N.Y. His praise is on the lips of many of the 
 wounded troops who were in that hospital, and who have 
 since found their Avay to the iiospitals in this city [Phil- 
 adelphia], We have seen limbs that were badly wounded, 
 in which amputation seemed almost unavoidable, but which 
 were saved in spite of all the disadvantageous circumstances 
 that followed their dressing. A few daj^s ago we met one 
 man belonging to a New- York regiment, who had the upper 
 portion of the humerus shattered by a minie-ball. How 
 few surgeons on the battle-field would have thought of any 
 thing but amputf.tion in this case ! Yet exsection of the 
 humerus was performed [by Dr. Swinburne], several inches 
 of bone removed, and dressing applied ; and the man passed 
 through all the ordeals mentioned above, and now has an arm 
 that is useful for many purposes. He does not even ask his 
 discharge from the army, but intends going home on a short 
 furlough, and then entering the cavalry service, where he 
 says he can manage his horse with the injured arm, and wield 
 a sword with the sound one. How much better that than 
 amputation at the shoulder-joint ! " 
 
 In 1862 Dr. Swinburne presented another addition to 
 medical and surgical literature in an able paper on resection 
 of joints, and conservative surgery in place of amputation, 
 where otherwise amputation would be considered necessary. 
 This was published in the " Proceedings of the New- York 
 State Medical Society " of 1863, and largely copied in the 
 medical journals. The " American Medical Journal " of 
 Nov. 4, 1863, said of it, — 
 
 "The section on resection of joints, and conservative 
 surgery, is an able defence of exsections as opposed to amputa- 
 tions, and a judicious discrimination of the rules that should 
 be observed in the selection of cases and performing the 
 operation. We most heartiW concur in the opinions put 
 
150 A TYPICAL AMERICAN. 
 
 forward, and can only hope that they will be widely circulated 
 in the army, where they must be productive of good results. 
 The simple truth seems to be, that, in wounds of the upper 
 extremities, amputations should rarely be performed. Moth- 
 ing but life can compensate the loss of the arm. Without 
 the overpowering weight of statistics which Dr. Swinburne 
 brings to his aid, we should be prepared to accept his argu- 
 ments as conclusive." 
 
 Of the same paper the " Medical and Surgical Reporter " of 
 Feb. 13, 1863, said,— 
 
 " We commence in this number the publication of one of 
 the most valuable and interesting papers we have ever given 
 to our surgical readers. We refer to Dr. Swinburne's admir- 
 able report. The paper is of especial value to surgeons in the 
 array and navy just at this time, and we would call the 
 especial attention of our numerous readers in the public 
 service to it." 
 
 In this paper Dr. Swinburne treated of resection of joints ; 
 removal of the shattered fragments of the shaft, and sawing 
 off the rough ends of the same ; amputation, when and where 
 necessary in preference to resection or excision ; the relative 
 mortality of the two operations as performed on the upper 
 extremities; the cause of so much distrust as to the practica- 
 bility of exsections in the field ; and held that the objections 
 to exsections, partial or complete, on the field, are equally 
 applicable to amputations, or any other severe operation, if 
 not performed at the proper period. With reference to exsec- 
 tions of the upper extremities, he argued that there were no 
 circumstances which weigh against this operation that could 
 not with equal propriety be urged against amputations. In 
 the former operation, in the first or primary stage, the mor- 
 tality is less than from the second or congestive stage ; so 
 that, if either be performed in the congestive stage, the dan- 
 ger of gangrene is at best as great from the latter as the 
 former. The same is true of either, if performed in the third 
 or suppurative stage. He claimed that it was not true that 
 exsection predisposes the system any more to an attack of 
 tetanus than does amputation, nor does the performance of 
 either of them exempt the wounded man from this fearful 
 
CONSEKVATIVE SURGEUY. 151 
 
 disease : in otlier words, amputation is as often followed by 
 tetanus as exsection. " Some," he said, " object to this opera- 
 tion fexsection] because it requires so much time. Now, I 
 contend, that, if we are good dissectors, it requires very little 
 more time to excise a joint than to amputate. As instances 
 of the rapidity with which these operations can be performed, 
 1 exsected four shoulder-joints, and ligatured the bleeding ves- 
 sels^ in one hour. I trust that this is as rapidly as ^y one 
 can amputate at the shoulder-joint. In my own operations," 
 he added, "I have the satisfaction of stating to the world that 
 I only amputated two arms, and they were torn off by shells 
 or solid cannon-shot." 
 
 He held, as a rule, that excision (in military surgery) should 
 be confined to the upper extremities ; the shoulder and elbow 
 being the principal parts upon which that operation should 
 be practised, and never at the shaft. The treatment of 
 compound and comminuted fractures of the thigh becomes a 
 matter of serious consideration, since it involves many mt- 
 portant points. "Excision of the shaft is evidently out of the 
 question," he said, "since all die after the operation. The 
 question then arises. Shall we amputate, or shall we treat such 
 cases as ordinary compound fractures? I prefer the latter, 
 and have from the first thought it the most reasonable treat- 
 ment. The plan I propose is to treat the patient on a bed or 
 stretcher ; extend the limb as near as possible to its normal 
 length without giving too great pain ; retain it in that position 
 by fastening to the foot of the bed or stretcher by means of 
 adhesive plaster, as in ordinary compound fractures, as I have 
 on various occasions illustrated ; make the counter-extension 
 thereon by converting the bed or stretcher into an inclined 
 plane by elevating the foot, against which the body impinges, 
 fastened to the head of the bed or stretcher. To obviate in- 
 version or eversion of the foot, place bags of sand on each 
 side of the foot. There should be no bandage of the leg or 
 thigh. If collection of matter should follow, free incision 
 may become necessary to relieve constrictions, and to facilitate 
 the discharge of such matter and spiculae of bone. Irriga- 
 tion, or the application of cloths wet in cold or warm water. 
 
152 A TVPrCAL AMERICAN. 
 
 depending on the season of the year, must be continued to 
 the limb until inflammation has passed off." 
 
 W. van Steinburgh, M.D., siiigeon to the Fifty-fifth New- 
 York State Volunteers, in his report, said, " Out of twenty- 
 one cases of compound and comminuted fractures of the 
 thigh, taken indiscriminately, nineteen recovered with toler- 
 ably useful limbs. My plan of treatment has been by simple 
 extension, as taught me by Dr. Swinburne." Of twelve 
 amputations performed by Dr. Van Steinburgh, ten died; and, 
 of thirteen excisions of the shaft, all but one resulted fatally. 
 
 In the fifth volume of " Holmes's System of Surgery," by 
 various authors, Carston Holthouse, surgeon to the West- 
 minster Hospital, in a treatise on injuries to the lower ex- 
 tremities, in the section on fractures of the femur, refers 
 to the cases cited b}- Dr. Van Steinburgh, their treatment and 
 results, and details the methods used. He fails, however, 
 perhaps from professional jealousy, — a failing with many of 
 the English as well as American surgeons, — to accord the 
 credit of the practice so successfully adopted to Dr. Swin- 
 burne ; notwithstanding, in the work from which he gleaned 
 his information. Dr. Van Steinburgh was particular to say 
 that the treatment, and mode of operation, were taught him 
 by Dr. Swinburne. The information was taken by Holthouse 
 from an article published by Dr. Swinburne, incorporating 
 Dr. Van Steinburgh's original letter (see " Transactions Medi- 
 cal Society, State of New York," 1864). 
 
 In the " Report of the Transactions of the New- York State 
 Medical Society," published in 1864, is another paper by Dr. 
 Swinburne, on compound and comminuted gunshot fractures 
 of the thigh, and the means for their transportation. He in- 
 troduces a plate of a stretcher for counter-extension without 
 splints. "To my mind," said the doctor, "a little ingenu- 
 ity and common sense can overcome all obstacles. I have 
 adopted this plan, and have given directions for the man- 
 agement of this kind of fracture (of the thigh) in private 
 practice. I have now treated about fifty patients, using the 
 bed ordinarily met with in practice, instead of the stretcher. 
 I know of many others treated by this plan, and in none have 
 
CONSKRVATIVJC SURGERY. 1 Tvi 
 
 I known of an unr<ivoiiible result. In the aggregiit(3, the 
 patients have been able to use the limb at an earlier period 
 than under any other mode of treatment, without any lateral 
 distortion ; nor would there be any, even if there were short- 
 enings of the bone, us the extension of the muscles would 
 keep the bone in a straight line." In the report he gives a 
 minute and comprehensive description of the plan and method 
 proposed. On the conclusion of the reading of the pa[)cr, 
 by a unanimous vote of the societ3% Dr. Swinljurne was re- 
 quested to take the manuscript, with the drawings, to the 
 surgeon-general, that he might see the advisability of adopt- 
 ing them in the medical service of the army, the society 
 always manifesting a deep interest in the troops at the front. 
 The reading and publication of these papers by this young 
 surgeon aroused the comments, favorable and severe, of the 
 profession; the "Medical and Surgical Reporter" editorially 
 saying, — 
 
 " It has been well said by a recent writer on fractures, that 
 it is not in the discovery and multiplication of mechanical 
 expedients that the surgeon of this day declares his superior- 
 ity, so much as in the skilful and judicious employment of 
 those already invented. In no department of surgery has 
 the simplifying of the mechanical requirements been more 
 advanced than in the treatment of fractures ; and now it is 
 asserted, and we believe proven, by one of the most practical 
 and ingenious surgeons of this countr}-, that the only correct 
 and philosophic treatment of these injuries is almost abso- 
 lutely 'Without apparatus. The article by Dr. Swinburne of 
 Albany, on the treatment of fractures of the long bones, as 
 published in this journal, or read before the Medical Society 
 of the State of New York, has attracted the attention of 
 surgeons to the subject, and induced a repetition of his method 
 in numerous instances. Such a revolution as he therein pro- 
 poses in the treatment of fractures, which would displace 
 from use so many popular contrivances, and require in sur- 
 geons the abandonment of so many preconceived notions, 
 could hardly be accomplished in a short period. But time, 
 which proveth all things, has been allowed ; and practical 
 and unprejudiced men now adduce their testimony in favor 
 of the logic of the reformer, and attest th&ir experience in 
 corroboration of the results obtained by him. . . . Dr. Swiu- 
 
154 A TYPICAL AMERICAN. 
 
 bu rue's own experience during thirteen years, in his method 
 of treatment, has been large, and, as he states, invariably suc- 
 cessful. The plan has now received many practical tests by 
 surgeons throughout the country, who have decided in its 
 favor. In this city [Philadelphia] it has the approbation 
 of Dr. Gross, Dr. Aguew, and others." 
 
 The " American Medical Times," in its editorial corre- 
 spondence, said, — 
 
 " In regard to Dr. Swinburne's paper on exclusive exten- 
 sion in the treatment of fractures, we would express our ap- 
 preciation. It is a meritorious and highly practical essay, 
 based upon ample observations. We presume its author 
 would admit, tliat, in his own treatment of fractures, he ac- 
 tually does secure, either incidentally or designedly, some 
 lateral support for the fractured limb. That point admitted, 
 his views and his practice agree essentially with those of the 
 best surgeons everywhere." 
 
 In his thesis, Dr. Swinburne did admit support in this, 
 that the living muscles acted as, and afforded the true and 
 only necessary, support, thus obviating the use of any artifi- 
 cial support. 
 
 To the practitioners gathered at the meeting of the society 
 before which these papers were read, and whose practice bad 
 been secundum artem., this novus homo^ appearing before tliem 
 with such advanced scientific ideas, created a sensation, and 
 aroused a prolonged controversy or discussion ; some of the 
 older maintaining a perfect silence, but urging younger mem- 
 bers to a criticism couched in language more acrimonious 
 than elegant, the sarcasm of one of these being evidenced 
 in a communication to the " Medical Times " afterwards, 
 under the signature of '' F. F.," in which he said of Dr. Swin- 
 burne, — 
 
 " That young surgeon evidently possesses the proper inven- 
 tive and mechanical tact for good surgery. It is too mani- 
 fest, that, so long as conceit boasts itself against accurate 
 knowledge and common experience, lawyers and their de- 
 formed clients will surely make game of the best surgeons." 
 
 The correspondent said, — 
 
CONSERVATIVE HURGERY. 155 
 
 "The older and more experienced surgeons very kindly 
 reviewed and oritioised the peculiar hobby of the paper, and 
 finally its author found it very difficult to defend his exclu- 
 sive practice of simple extension." 
 
 The " older and more experienced " had crossed professional 
 swords with "that young surgeon " once before, and felt, in 
 this case, they were horx de combat. Dr. Bly of Rochester, 
 in discussing what degree of extension or force may be borne 
 without completely separating the fractured ends of a bone, 
 gave his experience of the extensibility of muscular tissues 
 as demonstrated by him on the muscles of a dead sheep, in 
 which he found that the extension amounted to half an inch. 
 This argument was answered by Dr. Swinburne, who demon- 
 strated the absurdity of comparing dead with living muscles. 
 
 Dr. James Wood said, — 
 
 " I fear the doctor, in his zeal, has not remembered that the 
 muscles leading from one bone to the other are not straight. 
 They are inserted at different angles, hence the force they 
 exert must be in a corresponding direction ; and the only safe 
 way to remedy the deformity which is thus induced is by 
 lateral appliances in the shape of splints, with extension and 
 counter-extension. If a muscle be irritated, it will contract : 
 hence the necessity of keeping it quiet, and applying evapo- 
 rative lotions until the inflammatory swelling shall have 
 subsided, before the splints are applied with extension and 
 counter-extension. I do not think that the doctor, when he 
 shall have practised this method for some years longer, will 
 feel safe to leave his patient without some such lateral sup- 
 port." 
 
 In reply to Dr. Wood, Dr. Swinburne maintained that it 
 was only requisite to draw out the limb to its normal extent, 
 when the natural positions and relations would be restored, 
 and all sources of irritation would be removed. The amount 
 of extension must be in all cases regulated by the feelings of 
 the patient. In regard to the different actions of the several 
 muscles of the thigh, he maintained that when the limb was 
 placed upon the bed, and extension made, all the living mus- 
 cles were so placed that they acted directly on the long axis 
 of the bone. If any lateral influence was claimed for the 
 
156 A TYPICAL AMERICAN. 
 
 abductors, the direction of their forces was certainly altered 
 by the position and action of the perineal pad. 
 
 Dr. Wood said that he had never treated a fracture of the 
 OS brachii (large bone of the arm) by extension. 
 
 Dr. Batchelder referred to a case of a fractured femur, 
 which was made from three-fourths to an inch longer, by ex- 
 tension, than the sound limb. Dr. Swinburne answered, that 
 it was a simple matter to avoid this, and that a proper com- 
 parison of the two limbs by measurement would have pre- 
 vented such an occurrence. 
 
 It will not answer, claimed Dr. Wood, in refractory pa- 
 tients ; yet Dr. Swinburne had shown that he had treated by 
 extension and counter-extension, successfully, a patient having 
 delirium tremens, which lasted several days. 
 
 During the discussion, the doctor was challenged by Dr. 
 Wood to produce a living proof of the success of his method 
 of treatment, and, without any loss of time, accepted the chal- 
 lenge, and brought three cases before the societj^ they being 
 the only ones that could be summoned on such short notice. 
 These were : — 
 
 John A. Pitcher, a young German, who fell in January, 
 1854, a distance of thirty feet, fracturing the femur at its 
 middle, also the left tibia and fibula at their lower third. 
 He was treated by extension by perineal belt and adhesive 
 strips at the lower part of the thigh, just below the patella, 
 strips being also applied to the lower part of the leg. No 
 splints were used, and in less than six weeks the extension 
 was discontinued. Seven weeks after the accident he was 
 cured ; and at the time he was presented to the society, 
 seven years after, the limb was so perfect that a most skilful 
 surgeon was unable to detect the broken leg or thigh. 
 
 Hon. John Evers sustained an oblique fracture of the 
 femur at upper third by being thrown violently against the 
 curbstone by a run-away horse. Extension, without splints, 
 was continued for six weeks ; and in ten weeks he was dis- 
 charged well, with the limb less than half an inch short, 
 while he himself declared there was no difference. 
 
 Richard Hathaway, forty-eight years of age, and weigh- 
 
CONSKRVATIVIO BUIlCiKItY. ] r>7 
 
 ing one liundred and eighty-five pounds, while engaged in 
 raising a monument on July 20, 1869, had a derrick fall on 
 him, and sustained a compound comminut(;d fiacture, the }>one 
 ground, with great contusion of the femur at its upper third. 
 He was treated by Dr. Swinburne by extension and counter- 
 extension, without splints; and in four weeks the limb was 
 firm, and in eight weeks he walked with crutches. When 
 this man was presented before the society for examination, 
 the best surgeons present could not say which had been the 
 broken limb, and decided it was the other limb. 
 
 Among the number of cases cited was that of James Mc- 
 Kenzie, which was peculiar. On Feb. 22, 1854, he was ad 
 mitted into the hospital witn a compound fracture of the left 
 femur through its middle, and treated by extension and 
 counter-extension by perineal belt and adhesive strips to the 
 leg, without splints, b}' Dr. Swinburne. In consequence of 
 the fact that the other thigh had been fractured previously, 
 and was three-quarters of an inch short, the extension in 
 this case was only made sufficient to accommodate the length 
 of this leg to the other. In less than six weeks the exten- 
 sion was discontinued, and in less than ten weeks he was dis- 
 charged with legs of equal length. 
 
 In addition to the cases presented for the examination of 
 the society, and those cited, the redoubtable doctor, said a 
 gentleman, who was present at the discussion, to the writer, 
 offered to bet five thousand dollars that the methods pre- 
 sented by him were more successful than any other, the win- 
 ner to donate the money to some eleemosynary institution. 
 But there were none present with sufficient confidence in 
 their sj^stems to accept the wager, and they hedged b}'^ simply 
 remarking that they were not in the betting-business. Five 
 thousand dollars was too much for them to risk on a practice 
 that has filled the land with deformities against a man and 
 method where eager and anxious watching had failed to dis- 
 cover a failure. 
 
 In the forty cases of fractured thighs cited before the so- 
 ciet}', and treated by the method laid down by Dr. Swinburne, 
 there were no eversions or inversions of the foot, and no dis- 
 
158 A TYPICAL AMERICAN. 
 
 tortious of the thigh, and in but one was there any visible 
 shortening. These cases were, with a couple of exceptions, 
 taken from his hospital and private practice. Some of the 
 fractures were oblique, some compound, some comminuted (in 
 one case four inches of the bone being crushed in fragments). 
 Two were cases where the thigh and leg were both fractured, 
 and in all the results were considered i^erfect. Twelve were 
 fractures within the capsular ligament, occurring in patients 
 most of them over sixty years of age, and all treated with 
 this method of extension, with results much better than could 
 be expected, and which it would have been vain to expect 
 under the usual treatment. 
 
 The discussion of these papers was not confined to those 
 present at the meeting of the society, but was continued for 
 some time afterwards in the medical journals by the profes- 
 sion. Over the nom de plume of "Splints," in a communi- 
 cation to the "Medical Times," in a garbled report of the 
 discussion, a writer said, — 
 
 " Dr. Swinburne's object in thus bringing up the subject of 
 extension in a new form before the profession is a laudable 
 one : he is desirous of simplifying the treatment of fractures ; 
 and, for the attempt which he has made to bring about that 
 end, he certainly deserves a great amount of credit. He, 
 however, has, I think, allowed his enthusiasm to lead him 
 into error in regard to the adaptation of his principle to prac- 
 tice ; which fact, being assumed, proves to my mind that the 
 principle is erroneous. His honest efforts to prove the oppo- 
 site state of things only shows how skilfully he can ride his 
 ' hobby.' 
 
 " Every good surgeon [he wrote] uses a splint for coap- 
 tation of a fractured bone. In relation to the subject of ex- 
 clusive extension, I must be permitted to make one remark, 
 and that has relation to its use in fractures of the os bracJdi. 
 Dr. Swinburne must pardon me when I give it. as ray convic- 
 tion that he is indeed a bold surgeon to advocate a plan of 
 treatment which is so universally acknowledged to result in 
 non-union. In reference to the good results obtained by 
 this practice as applied to this bone, I can only express my 
 astonishment." 
 
 The critic adopting this, to him, euphonic signature of 
 " Splints," under which to cover his individuality, was under- 
 
CONSERVATIVE SURGERY. 1.09 
 
 stood to l)c none otlicr than Dr. Shrady, then editor of the 
 " Times," and the father of a sjilint that was said by its author 
 to be tlie best ever conceived, but which has long since been 
 abandoned. 
 
 These are specimens of what tlie "young surgeon" had 
 to meet with in his attempt to improve the methods of treat- 
 ing fractures ; but, as in his practice, he was equally success- 
 ful in his arguments and theory, as time, " which proveth all 
 things," has t^hown by the success that has attended him. Nor 
 has the prognostication of Dr. Wood, that the doctor, after 
 he shall have practised this method a few years, will change 
 his views ; but, on the other hand, he has been more firmly 
 convinced by years of practice that he was right, and has 
 lived to see his methods triumph. 
 
 In " The Medical Times " of April 20, 1881, Dr. Swinburne 
 answers these incognito writers and critics, in which he 
 says, — 
 
 " When he (' F. F. ') said, upon the question having been 
 raised as to what degree of extension or force may be borne 
 without completely separating the fractured ends of the bone, 
 ' Dr. Bly of Rochester related the results of his experiments on 
 the leg of a dead sheep, and produced extension of the mus- 
 cles to about one-half inch,' Dr. Bly should have fairly stated 
 the difference between simple extension, on the one hand, 
 and, on the other, of suspending weights until the integrity 
 of the muscle was destroyed ; also the difference of dead and 
 living tissue. I expressly say that the extension obtained by 
 a strong man upon a broken thigh will not elongate it beyond 
 its normal condition, and also expressly deprecate the pulleys 
 and uprights, as they paralyze and elongate the muscles, and 
 thereby destroy their usefulness as splints." 
 
 In reply to " F. F.'s " assertion " that its author found it 
 very difficult to defend his exclusive practice by simple exten- 
 sion," he said, — 
 
 " If good results in the treatment of a hundred fractures of 
 the long bones, and also Dr. Thorn's experience as reported 
 from the INIarshall Infirmary, is not a good practical drftnce, 
 then I have found it difficult to defend the exclusive practice 
 of my hohhy. His quotation, that I resort to lateral support 
 
IGO A TYPICAL AMERICAN. 
 
 to the fractured limbs in particular cases, is untrue. I ex- 
 pressly said that, where a lateral splint is used, it is only a 
 means by which the extension is made and perpetuated, and 
 not for lateral support. In the thigh there is no lateral sup- 
 port used ; and in the article on extension I said that the 
 treatment adapted to the femur is applicable to any portion 
 of the thigh or leg." 
 
 With reference to the remarks of Dr. James Wood, " F. F." 
 said, — 
 
 " The remarks of Dr. Wood constituted the most interest- 
 ing event of the first day's session. Close attention was given 
 to his remarks, which seemed to satisfy the obvious desire of 
 all classes of practitioners, who fear the misapplication of judi- 
 cial inquiry and prosecution for the correction of faults in 
 surgery." 
 
 To this Dr. Swinburne replied, — 
 
 " No one could be more pleased than I with the frank, 
 honorable, gentlemanly, and masterly manner in which Dr. 
 Wood discussed the merits and demerits of simple extension. 
 Though I defended what I knew was the true principle of the 
 treatment of fractures, I was, nevertheless, anxious to hear 
 the views of James R. Wood, That I had great confidence 
 in my mode of treatment, is proved when I proposed (in the 
 discussion which occurred between Dr. Wood and myself) to 
 treat alternate fractures in any hospital (by his method), with 
 any surgeon, and I would stake my reputation upon the re- 
 sults by obtaining union in less time, and with better results, 
 than could be obtained by the use of splints as commonly 
 applied. As to the last clause, it surely does not apply in the 
 present instance, as I have never been sued for malpractice, 
 nor has there been any occasion even for the insinuation." 
 
 In reply to "Splints," whose almost entire correspondence 
 he characterized an evident perversion of facts and state- 
 ments, the doctor said, — 
 
 " As to the idea that ' he seeks to establish the absurd 
 principle that muscles cannot be extended beyond their nat- 
 ural length,' I maintain that any attempt to extend a muscle 
 beyond its normal capacity not only provokes resistance, but 
 a tearing of its substance (I mean the living, but not the dead 
 tissue). Take, for instance, a fractured thigh : extension on the 
 
CONSERVATIVK SUltGKllY. 101 
 
 extremity by ;i stroiiL? iiiiiii (iiiul not with w(;ights and [)ul- 
 leys) will stretch the muscles to tli(;ir normal length only; 
 which fact can be shown by the most carci'ul measurement, 
 thus [)roving that the danger of too much extension is only 
 imaginary." 
 
 He quotes from " Splints," — 
 
 " I am not aware that Dr. Swinburne claims any originality 
 in the matter; i.e., simple extension. He has, however, al- 
 lowed his enthusiasm to lead him into error in regard to the 
 adaptation of his principle to practice, whicii (being assumed) 
 is convincing to my mind that the principle is erroneous : his 
 honest efforts to prove the opposite state of thitigs only show 
 how skilfully he can ride his hobby." 
 
 To this the doctor replied, — 
 
 " With reference to the first portion of the quotation, the 
 principle of extension is acknowledged by all good surgeons ; 
 while, with reference to his ' enthusiasm leading him into 
 error,^ I think it is a good error when the results are so per- 
 fect that it baffles a good surgeon to discover which of the 
 two thighs had been broken, though the fracture was com- 
 pound and comminuted, occurring in a man weighing one 
 hundred and eighty-five pounds. What is true of this case is 
 also true of all the others, and equally so of fractured tibia. 
 As to the ' adaptation of his principle to practice,' instead of 
 showing that the principle was wrong, practice only serves to 
 make the principle more fully appreciated, and demonstrates 
 to the world that it is not the kind of splint, but the mode and 
 manner of the application of the principle involved." 
 
 One critic thought the doctrines then laid down were dan- 
 gerous to teach the students ; but the doctor, knowing his 
 method was correct, was anxious that the profession, as well as 
 the students, might be benefited by his over twenty years of 
 experience, as he is now always ready to impart his knowl- 
 edge, acquired after forty years' experience, to all who have in 
 charge or are in training for the care of the sick and maimed ; 
 and not onl}' a large number of the college students avail them- 
 selves of this privilege, and are constantly in attendance at his 
 large clinics, eagerly watching and listening to the man who 
 has made no failures, but frequently regular practitioners of 
 
162 A TYPICAL AMERICAN. 
 
 years' standing are among those who come to leai-n of hhn. 
 This paper, covering fifty pages of the Medical Society's re- 
 port, also treats of fractures in or near the elbow-joint, with or 
 without dislocation, and of the treatment of fractures of the 
 clavicle by simple extension. 
 
 Dr. Swinburne's attention was first drawn to the subject 
 of treating fractures by extension, because of the many bad 
 results he had seen from oblique, compound, and comminuted 
 fractures of the leg ; and, being astonished at the number, he 
 was led to investigate the cause, and examined specimens in 
 a number of museums containing collections of broken bones, 
 where he found all were more or less distorted, both laterally 
 and longitudinally, with shortened tibias. He believed this 
 was an age of progress, and that there were no results without 
 cause, and that it was an obligation science owed to the 
 people to discover the cause of these bad results. He knew 
 that the first paths over our vast Western country were made 
 by the buffalo, and then followed in by the Indian, but that 
 as civilization, with its compasses and engineering genius, 
 made its way through the country, the long-trodden paths of 
 primeval days, over rugged hills and mountains, were ignored, 
 and more feasible and rapid methods of transport brought 
 into use. In his chosen branch of science, he did not desire 
 to travel in the uncertain and crooked paths of tradition, nor 
 in the dog-carts of more modern science ; but, like the travel- 
 ler who takes the iron horse and easy coach over the steel 
 track of civilization, he was anxious for the most comfortable, 
 safe, and speedy cure of the maimed, leaving others, if they 
 so desired, to travel in the path of the buffalo or the Indian ; 
 and for this reason he was satisfied extension would obviate 
 the dangers of lateral distortion, and, as far as the spasmodic 
 contraction of the muscles would permit, overcome longitudi- 
 nal distortion. 
 
 This paper was also incorporated in Professor Gross's " Sur- 
 gery," and had an unusually wide circulation in this country, 
 and was extensively copied from in Europe. 
 
 The cases presented and referred to in this chapter were at 
 the time typical cases, treated by means not hitherto em- 
 
CON'SERVATIVI': SURGERY. 103 
 
 ployed, and resiiltiiif^ in success not anticipated in previous 
 treatment. Tliey were then considered sur[)rising; but a still 
 greater advance lias been made by him in his treatment by 
 simplifying the metliods of extension, since that time;, with 
 results more surprising, as n-ay be learned by a reference to 
 the work in his dispensary. 
 
 This j)lan for the treatment of fractures of the femur or the 
 other long bones, witliout splints or bandages, was unknown 
 to the profession at the time the paper was presented by Dr. 
 Swinburne in 1850 ; and, although it was followed to some ex- 
 tent in our Rebellion, its superiority was not definitely settled 
 in military surgery, on account of the prejudices of the profes- 
 sion, until during the Franco-Prussian war, where it was in 
 every instance in the American ambulance followed by Dr. 
 Swinburne with successful results and good limbs. The pro- 
 fession had never, up to that time, recognized the necessity 
 of extension for the approximation of bones other than the 
 thigh ; and this fact was so conceded at a meeting of the 
 Academy of Medicine in New York, as may be seen by refer- 
 ence to the " Medical Times." Nor had they ever dispensed 
 with splints or bandages. 
 
 After a lapse of over twenty-five years since the publi- 
 cation of the paper by Dr. Swinburne, it is shown and proved 
 that the theories he then entertained were and are the nearest 
 possible to the true ones; and it is also conceded — because 
 of the unprecedented favorable results in his own practice, 
 daily carried out, as well as by others who have adopted the 
 system — that the principles then laid down, in 1859 and 1861, 
 for the treatment of fractures of the long bones, — viz., that 
 any fracture or fractures, of whatever nature or kind, occur- 
 ring between the elbow and shoulder, or between the ankle- 
 joint and pelvis, — can be successfully treated by the plan 
 commenced by him in 1848, and which has — since its beino- 
 given to the public, up to the present — been practised bv 
 him, as well as his friends and many of the advanced and 
 intelligent practitioners in surgery. In military suro'erv 
 this treatment of fractures of the thigh, or otherwise as 
 followed in the American ambulance at Paris durino- the 
 
164 A TYPICAL, AMERICAN. 
 
 Franco-German war in the winter of 1870 and 1871, was 
 shown to be the superior and most successful, as attested 
 to by the most eminent men of Europe, and quoted in another 
 chapter. 
 
 Professor David P. Smith of Springfield, Mass., while 
 visiting in Edinburgh, Scotland, wrote, — 
 
 " Fractures will be most successfully treated by tliose sur- 
 geons who are best acquainted with anatomy and physiology, 
 and know by experience what a bruised and perhaps lacer- 
 ated limb can bear." 
 
 As late as the latter part of 1861, the principle of extension 
 and counter-extension in the treatment of fractures found no 
 favor in Europe, Professor Syme of the Royal Infirmary, Edin- 
 burgh, maintaining stoutly that the benefits supposed to be 
 gained from the use of extension was a mere delusion ; for 
 if extension was employed, he argued, the muscles were 
 roused to resistance, and always overcame such force. 
 
 With a large majority of the profession, devotion to estab- 
 lished principles is a religious duty, from which it is almost 
 a miracle to have them change. They hold that their princi- 
 ples are right because they are traditional, and founded on 
 facts, as taught them. They forget, or seem to, that in 
 medical and surgical jurisprudence all the advance science 
 has ever made in their or other callings was made by a few 
 enthusiastic utilitarians in any age. In many instances, and 
 indeed almost universally, correct and advanced principles 
 have only been accepted in great emergencies as dernier 
 ressort. 
 
 The principle of conservation as applied to the limbs was 
 but little discussed during the first years of our war, except 
 by Dr. John Swinburne and a few others, the principal idea 
 being the discussion of the best means of amputation, the 
 purpose being to change the treatment of fractures from the 
 carpenter-shop to the butcher's table. As an instance of 
 what some of the medical journals contained from their 
 most prominent contributors, we extract from the letters of a 
 surgeon in charge of Fairfax Seminary Hospital, published 
 in 1863; — 
 
CONSERVATIVK SUKfJKRY. 10.0 
 
 "The multitude of iitnputatious below the knee which I 
 have performed, seen, and watched the results of, have con- 
 vinced me that none of the ordinary metliods are the best 
 ])ossil)le in any surcfory. ... In in}^ remarks I may have 
 seemed to lay too mncli stress upon ray favorite method of 
 amputation below the knee. I say emphatically that the 
 advantages which I claim my method alone furnishes must 
 be obtained if recovery is expected to foiiow." 
 
 These were the sentiments of Dr. David P. Smith, who, 
 in asking, " Shall amputation be performed in gunshot frac- 
 ture of the femur from a conical leaden bullet?" said, — 
 
 "From dissection of such injuries after they were removed 
 by such amputation, I was, however, enabled very early to 
 recognize the hopeless nature of such cases if left to them- 
 selves." 
 
 These statements were made in 1863, after two years' ex- 
 perience in the war, and were answered by John T. Hodgen, 
 surgeon in charge of the St. Louis City General Hospital, who 
 said, — 
 
 " Dr. Smith and myself have seen such cases under widely 
 different circumstances, — he on the battle-field, and I in the 
 hospital, after they had been removed thither hundreds of 
 miles. There have been received at this hospital sixty-five 
 cases of gunshot fractures of the os feynoris. Of these, 
 eighteen have died, four remain under treatment in a fair 
 way to recovery, and forty-three have recovered, and left the 
 hospital with good limbs. It will be observed that the per- 
 centage of mortality is less than twenty-eight, thus giving bet- 
 ter results, so far as life is concerned, than amputation of the 
 thigh would do, besides preserving useful limbs. The above 
 statistics are startling to surgeons who have seen the terri- 
 ble work done by the conical leaden bullet, and they will 
 naturally cultivate a feeling of incredulity ; but to my mind 
 these recoveries are not so incredible as that sixty-five men 
 thus wounded should have escaped mutilation at the hands 
 of those humane, patriotic, and time-saving surgeons, who, 
 ' by order " or without it, flock to the battle-fields (^some days 
 after the fight), who swarm on transports, and who rush to 
 hospitals to gratify a morbid thirst for capital surgical opera- 
 tions." 
 
166 A TYPICAL AMERICAN. 
 
 At a meeting of the United-States Array Medical and 
 Surgical Society of Baltimore, held in February, 1863, the 
 vice-president. Surgeon Z. E. Bliss, said, — 
 
 " The operation of exsection of the joint as a mode of 
 treatment of gunshot fractures involving the shoulder, elbow, 
 and hip joints, has not, as yet, been fully tested ; but sufficient 
 facts have been already obtained to prove that this operation 
 often saves life, and preserves a serviceable limb." 
 
 That our humane and patriotic fellow-citizen, Dr. Swin- 
 burne, performed an active part in introducing conservative 
 surgery into the army, and saving a host of lives and innu- 
 merable deformities among those who were gallantly defend- 
 ing the nation, may be drawn from a report of gunshot frac- 
 tures read before the United-States Medical and Surgical 
 Society of Maryland, and published in 1863. The paper was 
 by Edmund G. Waters, M.D., acting assistant surgeon. He 
 said, — 
 
 " On the 21st and 25th of July, 1862, between four and 
 five hundred sick and wounded Union soldiers were received 
 into the National Hospital, Baltimore. Most of the wounded 
 had been shot in the seven-days' light, and, being taken 
 prisoners, were sent to Richmond. Among them was a num- 
 ber with fractured thighs ; and a better opportunity has rarely 
 been afforded to test the several modes of treatment in sec- 
 ondary cases, after this kind of injury, than these presented. 
 The writer regrets that he is not able to give the exact num- 
 ber of amputations performed for this injuiy, but is able to 
 state positively that only one patient recovered of the many 
 who underwent the operation." 
 
 He then gives the history of fourteen other similar wounds 
 treated conservatively, all of whom recovered. One of these 
 was a fracture in the neck of the bone. 
 
 These wounds were all received in that portion of the field 
 of battle where Dr. Swinburne was in charge, and where am- 
 putations were not practised, but where conservation was the 
 rule. The success of the doctor had, no doubt, much to do 
 with inciting these efforts to save. In these instances cited, 
 there is ample food for reflection by the profession, as well as 
 
CONSERVATIVK SURGERY. Ifj7 
 
 facts on wliicli to predicate a safe practice, unl<;ss tliey desire 
 to exemplify the truth of Key's assertion, that "amputation 
 is the List resource of the surgeon, at once tlie slielter and 
 confusion of the surgical art." 
 
 Even the best of surgeons seem slow to learn ; and it was 
 not until 18G3 that Do Witt C. Peters said,— 
 
 "The era of promiscuous surgery, both in military and 
 civil life, has passed nearly, if not (piite, into oblivion. In 
 discussing the important subject of compound fractures of 
 the thigh, too little stress has hitherto been paid by surgical 
 writers to the saving of limbs. Following the teachings of 
 Dupuytren, Baudens, Hennen, Guthrie, and a host of others, 
 we are too ready to admit that amputation is our sole reli- 
 ance. They would have us believe that the patients who 
 save their limbs, forever remain martyrs to a miserable exist- 
 ence. Others inform us, amputation of the thigh is a danger- 
 ous expedient, and in their hands has resulted in the maiority 
 of cases fatally ; yet they carefully avoid entering into any 
 details of their manner of treating fractures. The wonder to 
 my mind is, that their patients ever recovered when laboring 
 under this species of injury. The indications are to place the 
 parts in a natural position, keep them immovable, and dis- 
 pense with snug bandages and splints." 
 
 This was coming pretty near up to Dr. Swinburne's princi- 
 ple of treating without any splints or bandages, but with 
 extension and counter-extension. One of the best authorities 
 in the army said that no attempt had ever succeeded, that he 
 had heard of, during the war, to conserve a limb where a com- 
 pound fracture of the thigh had occurred, where proper exten- 
 sion was not used. 
 
 Dr. Swinburne, in a paper read before the Albany-county 
 Medical Society at its annual meeting in November, 1874, 
 and published in the Sunday press, said, — 
 
 " As to the causes which have led to the changes of the 
 methods in the treatment of fractures, they have been 
 wrought principally in accordance with the scientific law of 
 making the muscles the motive power. The knowledge of 
 the principles of the muscles, and their importance in the 
 management of fractures, came by experience in practice and 
 in the dissecting-room. The uselessness and injurious effects 
 
168 A TYPICAL AMERICAN. 
 
 of bandages were, at an early period, a matter of firm convic- 
 tion witii nie. The results obtained by the old-fashioned 
 appliances were any thing but satisfactor3^ The upper parts 
 were compressed to such a degree that all the soft tissues be- 
 came a conglomerate mass. Muscles, nerves, vessels, cellular 
 tissue, and investing membranes adhered to the bone, and, in 
 time, were consolidated there. Months might, and often 
 did, elapse after the union of the bone, before the soft parts 
 would return — if, indeed, they ever did return — to their 
 normal condition. The state of the muscles, when mad- 
 dened by the goring, pricking, and tearing of the fractured 
 ends of the broken bone, is one too often observed to necessi- 
 tate a more than passing mention. The muscles, you will 
 recollect, are thereby thrown into a condition of clonic spasm, 
 which, sooner or later, becomes the cause of more or less 
 longitudinal and lateral distortion. 
 
 " The old practice was to overcome distortion chiefly by the 
 appliance of splint and bandages : the modern practice is to 
 extend the limb to its normal length, and to retain it in that 
 position, with as little compression of the parts as possible. 
 The results of the former method, even if favorable, which 
 were rather less frequent than one could wish, were obtained 
 by the complicated processes of the period ; the difficulty of 
 dressing, the recurring redressing, and the adjustment of the 
 apparatus and bandages, being incalculable, to say nothing of 
 the pain, suffering, and inconvenience caused to the patient. 
 By the simple method at present in vogue, the most satisfac- 
 tory results are obtained, with little pain, with no distortion, 
 and with little or no immobility of the soft parts. 
 
 " Impressed by some such considerations, I was led, at an 
 earl}^ period after graduating, to examine the subject imme- 
 diately from the dead body ; and this examination clearly 
 demonstrated that some other, simpler, and more efficient 
 method could be devised. Various experiments upon frac- 
 tured limbs of the cadaver and living subjects satisfied me 
 that there was a principle involved in their treatment, which, 
 being turned to the full extension of all the parts involved, 
 would return the limb to its normal length and condition. 
 It could be kept in place by the application of sufficient 
 counter-extending force, without the use of splints in any 
 shape or manner. This theory was put in practice in 1848, 
 and proved an entire success." 
 
 Experience has confirmed the doctor beyond all question, 
 that the system he espoused nearly forty years ago is better 
 
CONSERVATIVE HtJIUJKRV. 160 
 
 than any before or since suggested ; and in his i)iactice, both 
 civil and military (in two wars), he has practised it always 
 successfully, and with better results than could be attained 
 with any other method. If the assertion of the " Medical 
 Times," always a great stickler for established rules, made in 
 1863, — "that practical surgery is evidently, at the present 
 time, thoroughly committed to conservation," — is proven 
 true, thousands who never saw, and perhaps never heard of, 
 Albany's great physician and surgeon, will have good cause 
 for thankfulness that Dr. John Swinburne lived, and inaugu- 
 rated a system whereby pain is eased on the sick-bed, and 
 limbs that otherwise would have been destroyed were saved, 
 and deformity avoided. This alone would have been a life 
 of usefulness rarely surpassed. 
 
CHAPTER XIII. 
 
 CHALLENGING THE CRITICS. 
 
 "Willing to back his Method with Money. — Preaching False Doctrine. — More 
 Light wanted. — A Poor Excuse. — A Sharp Arraigument. 
 
 The revolution in surgery that the doctor was aiming to 
 bring about for the good of humanity was not only opposed by 
 the lesser lights, but by some who had arrogated to themselves 
 leadership, and, assuming the place of authors, conceived 
 themselves infallible in this great science. But to none of 
 them would the doctor yield a point, or admit superior skill. 
 Among those who criticised his practice and methods was 
 Professor P'rank H. Hamilton, the author of several works 
 on surgery. In one of his works he took exception to Dr. 
 Swinburne's system of extension, and was very positively 
 challenged to make a trial, and test methods ; but the profes- 
 sor, like Dr. Clarke, was afraid to practically test the skill of 
 Dr. Swinburne, and declined to enter into a competition with 
 one he knew was so aggressive and skilful. The correspond- 
 ence passing between them demonstrates how slow profes- 
 sional men are, at times, to accept any new or advanced ideas. 
 The professor taught one theory, and the doctor practised 
 another; and the latter, believing results were always the 
 powerful arguments, sought a friendly competition to arrive at 
 the best methods, and to this end challenged the autlior. The 
 correspondence of the doctor, and the replies, are given as a 
 public matter, and are as follows : — 
 
 Professor Frank H. Hamilton. 
 
 My Dear Sir^ — In the fourth edition of your work on 
 fractures and dislocations, p. 412, you say, in speaking of 
 fractures of the femur, " I cannot think it necessary to do 
 more than allude to the practice of Jobert of Paris, and of 
 
CirALLKNfJIXO THE CRITICS. 171 
 
 Swinburne of Albany, who, rejecting side or coaptation splints 
 altogether, have relied npon extension as means of support, 
 and retention in the case of fracture of the shaft of ihe 
 femur." 
 
 Now, my dear doctor, T have since 1848 practised the plan 
 you so incidentally mentioned for fracture of the thigh, and 
 feel constrained to say that the results not only ijear out the 
 treatment, but the patients are far more comfortable, and 
 deformity far less likely to occur, than when dressed in any 
 other manner. Not only have I pressed upon the profession 
 the plans for treatment of the thigh, but also those for treat- 
 ment of the other long bones ; viz., the arm, fore-arm, and leg. 
 Therefore I propose for your consideration the following: 
 that we each deposit with some third party from one thou- 
 sand to five thousand dollars (the whole amount to go to some 
 eleemosynary institution when the trial is decided;, and you 
 taking a given number of fractures of the long bones before 
 mentioned (whether simple, compound, comminuted, or com- 
 plicated with luxation or other injuries, makes no difference), 
 and I taking a like number, yours to be treated after your 
 methods, mine after mine ; and if I do not get better results 
 in a shorter space of time, with less pain to the patients, I 
 am to be declared the loser; but, if I do gain such success, 
 you to be the vanquished, and, as I said before, the treatment 
 for fractures of the long bones, as advocated by me in several 
 publications and in my lectures, to be advanced, and taught 
 in the schools. 
 
 I make this proposition, doctor, for the following reasons : 
 first, for the benefit of those who are to come after us, and 
 to whom will fall the care of these same injuries ; secondl}', 
 because, living as you do in the metropolis, ample facilities can 
 be obtained for making such a trial ; and, thirdly, because in 
 all the works on fractures with which I am acquainted, more 
 or less deformity of wrists, elbows, and fractures in other 
 localities, are spoken of as the attendant evils of such acci- 
 dents. The minor details we can arrange later, in case you 
 see fit to accept my proposition, and also decide upon im- 
 partial judges. 
 
 Hoping I may shortly hear from you in regard to this 
 matter, as I now am able to give the necessary time for such 
 a trial, 
 
 I remain, my dear sir, yours very truly, 
 
 JOHN SWINBURNE. 
 
172 A TYPICAL AMERICAN. 
 
 New Yokk, Jan. 7, 1879. 
 Professor John Swinburne. 
 
 My Dear Sir^ — Having become convinced, after careful 
 observation, that side or coaptation splints are, in a majority 
 of cases of fracture of the shafts of the long bones, essential 
 to the attainment of the best results, I do not think it neces- 
 sary or useful for me to enter into the friendly contest which 
 you propose. 
 
 Very respectfully yours, 
 
 FRANK H. HAMILTON. 
 
 Albany, Jan. 20, 1879. 
 
 My Dear Doctor, — I regret exceedingly that you should 
 have declined ray projDosition to test the comparative value 
 of our respective plans for the treatment of fractures of the 
 long bones. 
 
 Our methods differ radically, and the results claimed vary 
 so widely as to require some explanation : otherwise but one 
 conclusion remains, that one or the other of us must appear 
 to be preaching false doctrine. 
 
 Inasmuch as I am desirous of testing my treatment on a 
 large scale, where competent and impartial judges can decide 
 npon the results of this compared with other methods, I ask 
 if you, as the author of a work on fractures, and a teacher 
 of students, will afford facilities for the trial of a plan which 
 has worked so favorably in my own hands. Inasmuch, again, 
 as it is conceded that more than one-half of the fractures 
 of the elbow result unfavorably, and as you, in the fourth 
 edition of your work on fractures and dislocations, report a 
 large majority of CoUes' fractures as imperfect results, it 
 would seem as if some plan, simple and efficient, should be 
 perfected at once, by which the profession would be enabled 
 to obtain good results in all forms of fractures. I ask again 
 if you and your friends are willing to join me in this essay, 
 — an important step in the reformation already begun, and 
 which is destined to revolutionize the whole treatment of 
 fractures. 
 
 The work I began in 1848, in private practice, is now 
 bearing fruit in the treatment of all forms of fracture of the 
 femur ; and so the methods of treating other forms of frac- 
 tures will undergo a complete change at no distant time, 
 despite any efforts to retard or hinder it. 
 
 The more intelligent portion of the community are de- 
 manding greater light on this subject. They are tired of, 
 and disgusted with, the multiplicity of plans and apparatus 
 
(!IIALLENG1NC} TJIIO CiaTI(;8. 17 5 
 
 for tlie treatment of fractiires, and witli the want oi' an 
 orderly body of clear and simple principles to guide them. 
 They can endure no longer this hlind adherence to, and per- 
 petuation of, the quasi-charhitanisin which has entered so 
 largely into the subject. The classes of the Albany Medical 
 College have, by a unanimous resolution, asked me to give 
 them a synopsis of the treatment of all forms of fracture of 
 the long bones, which I shall soon undertake to do; but, be- 
 fore doing so, I should like to give you and other surgeons 
 full opportunity of examining in person results as they occur 
 under my treatment. If, therefore, you are disposed to 
 afford me the opportunity, I will gladly avail myself of the 
 privilege. 
 
 Yours respectfully, etc., 
 
 JOHN SWINBURNE. 
 
 New Youk, Jan. 22, 1879. 
 
 My Dear Doctor, — I shall be glad to see your practice 
 and its results whenever it may be convenient for you to 
 ■ show them to me; but, as I am alone responsible to ni}^ pa- 
 tients for their treatment, I cannot employ, or permit others 
 to employ in their management, methods or forms of apparel 
 which an extended experience and observation have convinced 
 me are not the best. Your error is in supposing that I have 
 not seen fractures treated by the methods you prefer, and that 
 I have no experience as to their results. 
 
 Be assured, my dear doctor, I am as much interested as 
 yourself in the improvement of this department of surgery, 
 that I hope to avoid " charlatanry," and that I shall hail 
 with- delight any thing which brings with it conclusive or 
 substantial evidence of its utility or superiority. 
 
 Yours very truly, 
 Professor Swinburne. FRANK H. HAMILTON. 
 
 Albany, March IS, 1ST9. 
 Professor Frank H. Hamilton. 
 
 Dear Doctor^ — Your note of the 22d inst. surprised me. 
 It is impossible to show you my '' practice and results " in 
 the treatment of fractures, if yon are unwilling to come to 
 Albany ; for I am debarred by 3^ou and your friends from 
 the treatment of fractures in the New- York hospitals. The 
 words of your note are, " 1 cannot employ, or permit others to 
 employ in their management, methods or forms of apparel 
 
174 A TYPICAL AMERICAN. 
 
 which an extended experience and observation have convinced 
 me are not the best. Your error is in supposing that I have 
 not seen fractures treated by the methods you prefer, and 
 that I have no experience as to their results." 
 
 Now, I have serious doubts about your having seen frac- 
 tures properly and scientifically treated after my plan, if, as 
 you say, the majority of the cases resulted badly. Jn Feb- 
 ruary, 1861, I had the pleasure of showing many fractures of 
 the several long bones to Dr. Sayre and other New- York sur- 
 geons, and they pronounced them perfect results. All the 
 cases which I have had before my medical class this and past 
 winters, and all those of my colleague, have also been perfect 
 results. I am in possession of equally favorable reports 
 from other surgeons who follow this method. 
 
 To be more definite, let us take a Colles'' fracture. In 
 your work on fractures and dislocations, published in 1860, 
 you report nearly sevent}^ per cent of failures in the treatment 
 of these fractures. In the edition of 1871, over seventy per 
 cent of failures are reported. I claim by my method a much 
 better showing than this. To make my statement as concise 
 as possible, I have never had a bad result in the treatment 
 of a Colles' fracture, and have never seen a bad result where 
 my plan was properly applied. Indeed, I have offered a pre- 
 mium of five hundred dollars to any one who will produce a 
 bad result from any form of fracture treated by me. 
 
 In your work on the treatment of fractures, etc., you are 
 very frank in confessing to so many bad results, especially 
 while the major portion of the profession, including many 
 professors of surgery, are obtaining equally bad results, 
 without the grace and extenuation of confession. Taking 
 such confession as a criterion, why, I ask, do you not speak 
 out candidly, and warn the profession of the dangers attend- 
 ing certain classes of fracture by my plan of treatment? 
 The mistake you make is in supposing that I desire to attend 
 your private patients : on the contrary, I assume there is 
 plenty of material in the public institutions of New York 
 for a proper test of the efficacy of my plan of treatment. 
 Again : you assume my plan of treatment is productive of 
 bad results. If that is what you mean, I am prepared to 
 put up five thousand dollars, as previously proposed, as a 
 test of our comparative results, to compensate persons in 
 whom bad results may follow my treatment. In this com- 
 pensation for bad results, to be judged upon the basis laid 
 down in your works, or those of other prominent surgeons, I 
 deem myself safe, after a complete perusal of your published 
 
CIlALLKN(ilNG THE CRITICS. ii-i 
 
 works and occasional writings on the treatment of fractures 
 in private, public, and military surgery, and a consideration 
 of your confessed results. 
 
 Yours respectfully, 
 
 JOHN SWINBURNE. 
 
 New Youk, March 20, 1879. 
 John Swinburne:, M.D. 
 
 M'l/ Bear Sir, — I had supposed that my last reply was 
 sufficiently definite to have assured you that I was not dis- 
 posed to accept any challenge, or to investigate your mode 
 of treatment any further, except in my own way and at my 
 own convenience. 
 
 I will only add, before dismissing this correspondence, that 
 when you say in your letter, "In your work on fractures 
 you are very frank in confessing to so many bad results," — 
 "to seventy per cent of fractures," — you convey the idea 
 that those results were "bad," or "failures," which were not 
 recorded as absolutely perfect, and that I intend so to say. 
 
 If you will read ray books again, or whatever else I have 
 written upon this subject, you will see that this is not my 
 meaning, and that my language has never been capable of 
 such a construction. I speak of results as perfect or imper- 
 fect, but imperfect does not necessarily imply bad results, or 
 failures. You have a right, if you choose, to call a result 
 bad, or a failure, which is not in all respects perfect; but I 
 do not. And this is not the fairness which one has a right 
 to expect in a controversialist, where a matter of science is 
 involved, when you say I confess to seventy per cent of bad 
 results, or failures. And, further, it ought not to have es- 
 caped your notice — if you have read, as you say you have, 
 all of my published writings, including my treatise on frac- 
 tures, and especially the preface to my paper on deformi- 
 ties after fractures, published in the " Transactions of the 
 American Medical Association " — that a majority of the cases 
 referred to in the general summaries were not treated by 
 me, although they had all been examined by me ; my pur- 
 pose being, as I have repeatedly stated, to furnish, as far as 
 possible, a fair estimate of what were the usual or average 
 results in the hands of respectable physicians and surgeons. 
 They are not, therefore, mi/ confessions. 
 
 Intending no personal disrespect to you. I wish to say that 
 I do not think it will prove profitable to continue, and I 
 
176 A TYPICAL AMERICAN. 
 
 have 110 time to devote to a further correspondence upon 
 this subject. 
 
 Yours truly, 
 
 FRANK H. HAMILTON. 
 
 Albany, April — , 1879. 
 Professor Frank H. Hamilton. 
 
 My Dear Doctor^ — I regret extremely that you, in your 
 note of the 20th ult., decided on " dismissing this correspond- 
 ence," because I am sure much good might come out of its 
 cojitinuance. I regret, also, that you should have decided 
 not to investigate ray mode of treatment of fractures any 
 further, except in your own way and at your own conven- 
 ience, because I am quite sure, if you did fully investigate it, 
 your sense of fairness to the profession, and desire to obtain 
 good results, would induce you to accept the true principle, 
 and teach the same. 
 
 I am very thankful that you added, before " dismissing this 
 correspondence," that "a majority of the cases referred to 
 in the general summaries were not treated by me, although 
 they had been examined by me." Now, my dear doctor, I 
 did not say they were treated by any one, but only assumed 
 they were not treated by my plan. My statement runs thus : 
 " In your work on fractures and dislocations, published in 
 1860, you report nearly seventy per cent of failures in the 
 treatment of these fractures. In the edition of 1871, over sev- 
 enty per cent of failures are reported." In this I say nothing 
 as to who attended them. But you say it was your purpose 
 " to furnish, as far as possible, a fair estimate of what were 
 the usual or average results in the hands of respectable phy- 
 sicians and surgeons. They are not, therefore, my confes- 
 sions." It is presumable that both you, and the " respectable 
 physicians and surgeons " mentioned, made the best results 
 you could in each individual case. If not, why not? 
 
 In the above-mentioned note you complain of my saying 
 that you confess to seventy per cent of bad results, or " fail- 
 ures." 
 
 In this I may have spoken hastily. I hope to correct the 
 statement by quoting your precise language. In your work 
 on fractures and dislocations (ed. 1871), p. 281, you speak 
 as follows of ninety-five fractures of the lower third of the 
 radius : " Only twenty-six are positively known to have left 
 no deformity, or stiffness about the joint." In this quo- 
 tation no reference is made as to who was the surgeon, but 
 
OIIALLKNOINC; THE CRITrCR. 177 
 
 the inference might be driivvii that it was the work of "the 
 author." I am pleased, therefore, to learn from your note 
 that the c-iscs were not yours, because you coiift^ss in the 
 next line that "it i.s probable, however, tijat the number of 
 perfect results niiglit be somewhat extended." It is [jleasaut, 
 I say, to hear this; but unforUiiiately, if we consult the two 
 following pages ([)p. 282, 28-3), the illusion and the [jhiasure 
 are at once dispelled. Your statements are as follows : " If we 
 confine our remarks to CoUes' fractures, the deformit}'' which 
 has been observed most often consists in a projection of the 
 lower end of the vdna inwards, and generally a little fcu'wards. 
 In a large majority of cases this is accompanied with a per- 
 ceptible falling-oif of the hand to the radial side, while in 
 a few it is not. After this, in point of frequency, I have 
 met with the backward inclination of the lower fragment. 
 Robert Smith found this displacement almost constant in the 
 cabinet specimens examined by him ; and it is very probable 
 that nearly all of the examples examined by myself would 
 present more or less of the same deviation upon the naked 
 bone." 
 
 Again : " The fingers are quite as often thus anchylosed, 
 after this fracture, as the wrist-joint itself, — a circumstance 
 which is wholly inexplicable on the doctrine that the an- 
 chylosis is due to an inflammation in the joints. Indeed, I 
 have seen the fingers rigid after many months, when, having 
 observed the case throughout myself, I was certain that no 
 inflammatory action had ever reached them. 
 
 Again, quoting Dr. Mott, and coinciding with him, " Frac- 
 tures of the radius within two inches of the wrist, where 
 treated by the most eminent surgeons, are of very difficult 
 management so as to avoid all deformity : indeed, more or 
 less deformit}'" may occur under the treatment of the most 
 eminent surgeons; and more or less imperfection in the mo- 
 tion of the wrist or radius is very apt to follow for a longer 
 or shorter time. Even when the fracture is well cured, an 
 anterior prominence at the wrist, or near it, will sometimes 
 result from swelling of the soft parts." 
 
 In sixty-six of the ninet3'-two cases of Colles' fracture, 
 there was "perceptible deformity," or "stiffness about the 
 joint," and oul^^ twentj^-six had no "perceptible deformity." 
 Is it fair, then, for you to complain of m}' calling these sixty- 
 six or seventy per cent of Colles' fractures " bad results," 
 or "failures," simply because they were not treated by you, 
 but were the " confessions " of other " respectable physicians 
 and surgeons " ? 
 
178 A TYPICAL AMERICAN. 
 
 I judge, however, that you have treated some cases of 
 Colles' fractures: for I find on p. 290 (ed. 1871) a cut of 
 " the author's splint," which seems to be a pistol splint for 
 the inside of the arm, and a plain straight deal splint for the 
 dorsal portion of the arm, with accompanying directions for 
 its use, and the dressings employed by "respectable physi- 
 cians and surgeons ; " viz., compresses, bandages, etc. The 
 advantages which the author claims for this splint are, " facil- 
 ity and cheapness of construction, accuracy of adaptation, 
 neatness, peimanency, and fitness to the ends proposed." 
 And still the author does not claim that this apparatus in his 
 hands, or in the hands of any one else, although it possesses 
 all of these qualities, produces any better result than twenty- 
 six out of ninety-two. 
 
 In speaking of the treatment of Colles' fractures, "the au- 
 thor " cautions the reader about the use of bandages, splints, 
 etc., and goes so far as to assert, " I have no doubt that very 
 many cases would come to a successful teimination without 
 their use, if only the hand and the arm were kept perfectly 
 still in a suitable position until bony union was effected." In 
 this belief I think we are quite agreed ; but may I ask, Does 
 "the author's " plan accomplish this without injury to the soft 
 parts? He does not tell us, but only adds that "during the 
 first seven or ten days these cases demand the most assiduous 
 attention, and we had much better dispense with the splints 
 entirely than to retain them at the risk of increasing the 
 inflammatory action." 
 
 Again on p. 292: "More than once, indeed, it has occurred 
 that surgeons have been so intent on preserving fractures in 
 their proper position, that the extreme constriction employed 
 has actually caused destruction of the soft parts. A piece of 
 advice which I have frequently given, and which I cannot 
 too often repeat, is to avoid too much tightening of the 
 apparatus for fractures during the first few days of its being 
 worn; for the swelling which supervenes is always accom- 
 panied by considerable pain, and may be followed by gan- 
 grene." Then follows four pages of history of cases wheie 
 gangrene supervenes on the use of bandages. With these facts 
 before him, distinctly perceived and acknowledged, the author 
 still persists in employing and recommending bandages, com- 
 presses, etc., instead of treating his fractures so that there 
 should be no danger from compression, and gangrene from 
 retarded circulation. 
 
 Since writing the above, I have received a letter from a 
 lady of refinement and education, living in Auburn, N.Y., 
 
CHALLENGING THE CRITICS. 179 
 
 who some time in Nov(!ml)er, 1878, came to this city from 
 iie.'ir Pliiladelphiii, and sent for me to redress h(;r l)roken arm. 
 I round that about tiirec or four weeks j)r(ivious slie had 
 fallen, and })r<jduced a Colles' fracture, which liad been 
 treated by a "respectable ])hysician and surgeon," before 
 coming here, with the pistol s[)lint. On examinaticm, I in- 
 formed her that union had taken place perfectly; that the 
 limb was strong, but that it was deformed and almost use- 
 less, and would remain so for life. I re-applied the bandages, 
 as before, and told, her that the deformit}^ could not be re- 
 moved excei)t the bone be refructured and united, and that, 
 aside from this, there was no necessity for surgical interfer- 
 ence. She paid no regard to this advice, as will be seen from 
 a note of hers, March 29, 1879, in reference to her present 
 condition. 
 
 " Some four months have elapsed since I arrived here. 
 You called upon me last November at the Delevan House in 
 Albany, and bandaged my broken wrist. What you told me 
 then about my broken bones I have found strictly true. I 
 cannot shut my left hand: it is swollen on the back (silver- 
 fork deformity), and the under part of my wrist near the 
 little finger is also swollen. I am in poverty. I have suf- 
 fered cold and hunger, and for medical services, since I came 
 here." She adds, " If I had staid in Albany, and placed 
 myself under your care professionally, I should have been 
 well now." 
 
 I have no doubt that in this case I could have refractured, 
 and restored the parts to their place. I have accomplished 
 it in similar cases before. A lady in this city came to me 
 with a Colles' fracture, having the following history: About 
 thirteen years since, she fell, and sustained a Colles' fracture. 
 It was treated by one of our most accomplished village sur- 
 geons with the usual pistol splint. Months passed before the 
 wrist could be used at all ; and from that time it continued de- 
 formed and measurably useless, until a few weeks ago, when 
 she fell, and refractured the radius at about the same point 
 (about one inch from the wrist-joint). This I treated by my 
 plan. At the end of three weeks she had good use of the 
 wrist ; at the end of six weeks the wrist was as strong and 
 useful as it was before the first fracture, and with no percep- 
 tible impediment to motion. 
 
 Authors concede that fractures of the elbow-joint are dif- 
 ficult to treat, and that a very large percentage result badly ; 
 or rather less than one-half are perfect after such fractures 
 From my own plan, on the contrary, I know of no cases 
 
180 A TYPICAL AMERICAN. 
 
 which have resulted badly, either in my own hands or in the 
 hands of others. This consists in double extension, double 
 counter-extension, and retention of the limb in its normal 
 position ; the restoring of circulation, thus avoiding intlam- 
 raation ; the effecting of apposition as much as possible, and 
 retaining such apposition without constriction, thus avoiding 
 excessive callus, or, rather, obtaining union as nearly as possi- 
 ble by the first intention, and thus escaping deformity. 
 
 The author's plan is in sharp contrast to this. He seeks 
 to reduce the fracture, and retain it in position by the use of 
 an apparatus which prevents a redisplacement only by ex- 
 cessive constriction, thereby risking gangrene ; or, if not suf- 
 ficiently tight, a redisplacement may result, and a perpetuation 
 of the original deformity. In confirmation of this, I refer to 
 the author's " elbow splint " (p. 252 of the work on fractures 
 and dislocations, ed. 1871). 1 confess that with me it seems 
 impossible to obtain good results with such an apparatus; 
 for, if the bones are reduced in the first instance, I do not see 
 how they can be held in position without excessive banda- 
 ging — unless, indeed, extension is made use of. It is ban- 
 daging, however, which the author recommends ; but his 
 recommendation is weakened by a concession of not the best 
 results from this dangerous practice. 
 
 In proof of some of my statements, permit me to outline 
 briefly a case which recently came under my obsei-vation, in 
 which the patient was treated by one of my colleagues accord- 
 ing to ray plan. M. C, aged twenty-six, weight a hundred 
 and sixty pounds, height five feet eleven inches, carpenter 
 by trade, fractured his arm through the olecranon and coio- 
 noid fossse. His arm was dressed twelve hours after the acci- 
 dent : it was painful and much swollen. It was redressed 
 only twice during the following three weeks. When the 
 dressings were removed, union was firm : there was some 
 thickening of the soft parts about the joint, but there was no 
 pain on flexion, extension, or rotation. The flexion was per- 
 fect. Extension was made to within five degrees of a straight 
 position. Apparatus was not again applied. The patient ab- 
 sented himself from his physician for three weeks ; then he 
 came before myelinic, stating that he had recommenced work 
 at his trade four weeks after the accident. One week after 
 the apparatus was removed, he had worked for a fortnight at 
 his trade. At this time he found some soreness in the joint, 
 and some spasms of the biceps from too violent exercise. The 
 motion was as complete as at the expiration of the three 
 weeks. By forced extension, the arm could be carried nearly 
 
OlIALI.KNCilNCJ TIIK CniTICS. 181 
 
 straight to within not iiioio tliari tlircc degrees of perfect 
 ext(!ii.sion. 
 
 Willi regard to side oi- eoa[)tation splints. In your note 
 of Januiiry you say tliey "are, in a inajority of eases of frac- 
 tures of the shafts of the long bones, essential to the attain- 
 ment of the best results,'' and urge th;t,t for this reason it is 
 unnecessary to enter into a contest which designs to test any 
 other method of treatment. 
 
 You may remember that in my fii'st note to you T stated 
 that, in the winter of 18-I:H-4U, I eonimenced the treatment of 
 fractures of the thigh by permanent extension alone, and in 
 1859 I read before the Medical Society of this State, papers 
 showing the results of my treatment, which were published 
 ill the " Transactions of the Medical Society " of that year. 
 My work was begun in private practice, and before any hos- 
 pital was organized in this city ; and I, for this reason, neg- 
 lected at the first to make notes. The results I speak of, 
 however, were scrutinized by the skilled eyes of Professors 
 Marsh and Armsby ; and I could wish for no better evidence 
 of their excellence than the inability of these able men to 
 discover any bad cases or failures. 
 
 In your work on fractures and dislocations (ed. 1860, 
 p. 404), in speaking of extension, you say, — 
 
 " If we consider the muscles alone as the cause of the dis- 
 placement in the direction of the long axis of the shaft, the 
 shortening of the limb, other things being equal, must be pro- 
 portioned to the number and power of the muscles which 
 draw upward the lower fragment. This will vary in different 
 portions of the limb ; but nowhere will this cause cease to 
 operate, nor will its variations essentially change the prog- 
 nosis. 
 
 "I have not intended to say that other causes do not oper- 
 ate occasionally in the production of shortening, but only 
 that muscular contraction is the cause by which this result 
 is chiefly determined, and that its power will be ordinarily 
 the measure of the shortening." 
 
 In this passage you concede that the muscles are the main 
 cause for the shortening of bone, or its longitudinal deform- 
 ity, and still you cling tenaciously to the use of the long side 
 and coaptation splint. You introduce (p. 414, ed. 1860) a 
 cut of the treatment of fractures of the thigh bv weight 
 and pulley, side and coaptation splints, and state that this is 
 the plan suggested by L. A. Dugas of Augusta, Ga. This 
 was prior to the date at which Dr. Ruck of New York com- 
 menced his treatment by weight and pulley. Nothing in your 
 
182 A TYPICAL AMERICAN. 
 
 work, however, is said or done toward simplification of the 
 treatment of -fractures by means of extension alone. 
 
 This latter is the prime aim which I have ever had in view. 
 In 1861 I read a paper before the State Medical Society 
 (published in the " Transactions " of the same .year), on the 
 treatment of fractures of all the long bones by extension alone. 
 It created a great deal of discussion at the time ; but the 
 results shown were so satisfactory, that the treatment has 
 gradually and surely gained ground in the profession. I see, 
 on reference to your edition of 1871, that you have yourself 
 modified, if not changed, your views on this subject ; for I 
 find cuts (pp. 272, 238, 239, 487) representing fractures being 
 treated by extension, without side or coaptation splints. The 
 cut on p. 272 again carries out the principle I advanced in 
 1861. for treatment of all fractures of the foie-arm, except that 
 in the cut, extension is made with elastic bands, and the re- 
 tention, therefore, is not so sure. It is a decided advance 
 upon the author's treatment of fractures of the fore-arm, 
 because it avoids compression, and longitudinal and lateral 
 distortion, and mortification. The principal objection to it is 
 its complexity. On p. 238 there are no side or coaptation 
 splints indicated as such. This principle is substantially the 
 one advocated by me in 1861. The cut on p. 239 shows 
 extension alone in its simplest form, and would, I doubt not, 
 effect good results, if it could be controlled night and day, so 
 as to avoid too much or too little extension. One can well 
 see that it might be open to the objections made against too 
 much extension in the arm, on the part of those who criticised 
 my paper on extension in 1861. Again: on p. 487 a cut is 
 given for the treatment of gunshot fractures of the thigh by 
 extension alone, without the side or coaptation splint, and, in 
 fact, without any of the appliances before adhered to, and 
 now advocated as necessary for good results. No mention is 
 made of my plan of treatment for gunshot fractures by ex- 
 tension without splints ("Transactions" of 1864) by impro- 
 vising a stretcher upon which soldiers could be treated on 
 the field of battle as well as in permanent hospitals. Ihe 
 only difference was, that there was no hole in the canvas on 
 which the soldier was to lie, and the extension was to be per- 
 manent. By a vote of the society of the State, I was directed 
 to present a copy of the paper, and a cut of the plan, to the 
 surgeon-general of the United-States army. I complied in 
 March, 1864, and I have no doubt the plan given on p. 487 
 was taken from my paper ("Transactions," 1864). 
 
 I cannot help thinking that the time will come when you 
 
(MIAM.KNCiINf; TIIIO CIUTICS. 183 
 
 will be iiidiicud to Jiocept tlie plan of trealtnont of tlie loii^ 
 bones by extension and retention alone. On p. 407 yon 
 have r(!ally made a step towiirds it by giviii}^ an exact eut of 
 the j)liiii, oiv(!n in your edition of 1800 as " I)iigas\s method," 
 with the exee[)tion that the side-s[)lint has sloughed oiT, and 
 the coaptation dress alone is retained : p. 239 evinces a 
 further advance. I5ut still the plan for extension herein illus- 
 trated is defective: it is like a steam-boiler without a safety- 
 valve, or a train of cars without brakes to regulate the motion 
 of the (!ars. 
 
 Stated briefly, then, the difference between our treatment 
 consists in this : you adhere to coaptation splints, bandages, 
 etc., as necessary to good results ; whereas I claim, and am pre- 
 pared to prove, that splints, bandages, etc., are entirely useless 
 per se, even injurious, except only so far as through splints 
 extension may be made to the normal length, and perpetuated. 
 In view of the facts herein set forth, I ask in all fairness, Do 
 not the j)ublic, and the honor of the profession, demand a full 
 review of the methods now in use for the treatment of frac- 
 tures, with a view to simplification and more perfect results ? 
 Many men refuse to treat these injuries, as they know not what 
 plan to follow ; and the fear of bad results only tends to make 
 them more timid. The public cannot, nor can the physician, 
 have always at hand a surgeon of experience in the treatment 
 of fractures. And as the injured man must, of necessity, trust 
 his limb to his doctor, he has a right to have the best result 
 known to surgery, while the doctor must, in fear and trem- 
 bling, lean upon the complicated measures laid down in the 
 text-books, and consider himself wonderfully fortunate if a 
 passable result is obtained, suflficient to save him from, may- 
 hap, a ruinous lawsuit, and loss of professional standing. 
 
 I can only regret, my dear doctor, that you decline so abso- 
 lutely to continue this correspondence. It was begun with 
 the desire to simplify and advance the treatment of these 
 classes of fracture ; and with that desire I wrote to you as an 
 author, teacher, and authority' for the profession on these in- 
 juries. Ma}^ I hope you will reconsider your determination, 
 and that I may shortly hear further from ^-ou. 
 
 I remain, my dear doctor, 
 
 Yours very truly, 
 
 JOHN SWINBURNE. 
 
CHAPTER XIV. 
 
 MEDICAL JURISPRUDENCE. 
 
 Swinburne as an Expert. — Murder by Aconite. — The Young Napoleon.— 
 "Now we have You!" — Abortion by Air in Uterine Veins. — A New 
 Discovery. — Wife witli Throat cut. — A Preacher tried for Murder.— 
 Expert on Bullet-Wounds. — Not against the Professi^on. — What Leading 
 Scientists think. 
 
 There are few, if indeed any, physicians in this State who 
 have been summoned to the witness-stand as a medical and 
 scientific expert so often as Dr. John Swinburne, in cases at 
 times involving the most difficult questions known to the 
 profession, and in some instances where not only the liberty, 
 but the lives, of persons depended on the solution of the 
 scientific points involved. In these, neither persuasion, in- 
 timidation, social position, nor the opposition of many of the 
 recognized lights in the medical profession, had any weight 
 in preventing him from a fearless and conscientious dis- 
 charge of that duty he felt he owed the living as well as the 
 dead. He believed that in every instance of death, where 
 the cause was an undecided question, it was a religious duty 
 of science, to whose care the lives and health of the people 
 were intrusted, to ferret it out ; and that in so far as the 
 profession failed to discover and reveal the causes of death, 
 where enshrouded in mystery, so far the physician, as a scien- 
 tist, was a failure; and that the physician who failed, when 
 called upon, to make the proper investigations, and render an 
 unbiassed, fearless, and honest verdict, was guilty of a criminal 
 act, and recreant to his high and honorable calling. In many 
 of the cases where he has been called as an expert, he had to 
 encounter a bitter and stubborn opposition from most of the 
 profession ; in some of the most important cases having the 
 influence and power of almost the entire profession against 
 him. But a remarkable fact in connection with these inves- 
 
MKDICAL .lUIlIHI'iajDICNCK. 185 
 
 ti<;iiti()iis liiis bccM tliiit ciroiiiiistiuiccs, und tlio loading men 
 of tlie profession, both in r'.urope and litis country, demon- 
 strated afterwards that he was correct. For years after 
 graduating, most of his leisure time had been devoted to 
 anatomical research in the dissection of dead bodies; so that, 
 when first called as an expert, he was thoroughly conversant 
 with the anatomy of man, and the nature and effects of min- 
 eral and vegetable poisons. 
 
 Less than a year after graduating, the young doctor was 
 called to testify in an action for damages before Judge Ii-a 
 Harris. A man, in passing through a store in Albany, had a 
 box fall on him, injuring the bones of the neck. On the 
 advice of the doctor, the man went to his home in another 
 part of the State, and returned a year afterwards, when his 
 head Avas so fixed, from the result of these injuries, that he 
 could not turn it to one side or the other without turning 
 the whole body. On the trial, the questions for the medical 
 experts to decide were the injury to and the condition of the 
 neck. On the stand the doctor held that the inflammation 
 following the injury resulted in the seven bones leading from 
 the atlas down to the vertebrae of the chest being anchylosed, 
 and introduced half a dozen specimens analogous to this one 
 to sustain the position assumed. As a result of his testimony 
 in opposition to that of the experts for the defendants, the 
 jury gave a verdict for the amount claimed as damages. 
 
 A half-decade in his early career as a ph^'sician and sur- 
 geon had scarcely passed, when he was suddenly brought 
 prominently before the profession and the world in the trial 
 of John Hendrickson, jun., for the murder of his wife, which 
 was tried before Judge Marvin in the June (1853) terra of 
 the oyer and terminer in Albany. The trial lasted three 
 weeks, resulting in the conviction, sentence to death, and 
 final execution, of the prisoner. 
 
 Dr. Swinburne had then been in practice less than seven 
 years when this trial took place, which was characterized by 
 Attorney-Gen. Chatfield as a case of more importance than 
 any that had ever occurred in this country, and of as great 
 importance as any that has occurred in the civilized world. 
 
186 A TYPICAL AMERICAN. 
 
 " I do not mean," he said, " to say that one case of murder is 
 any more important than another ; but to all its surrounding 
 circumstances, the mj'^stery involved, the novel and stealthy 
 instrument of death, the effect that the introduction of this 
 means of securely murdering would have in increasing crime, 
 the medical and chemical questions which have arisen, — I 
 repeat, from all these reasons, it is one of greater importance 
 than has ever occurred in this country." 
 
 On the 6th of March, 1853, Maria, the wife of John Hen- 
 drickson, was found dead in her bed in the town of Bethle- 
 hem, Albany County, by her husband, who occupied the bed 
 with her, on his, as he alleged, being awakened by her crowd- 
 ing him. The following day Dr. Swinburne was called by 
 the coroner, Dr. Thomas Smith, to view the body ; and the 
 succeeding day, in presence of the coroner and another phy- 
 sician, he held a post-mortem of the remains, and found : — 
 
 " Face and anterior portion of the body unusually pale, and 
 apparently bloated, swollen, or puffed, — the face decidedly 
 so, — and presenting an almost translucent and watery ap- 
 pearance, though very calm and composed, and no distortion. 
 Eyes and mouth closed ; teeth about one-quarter of an inch 
 apart. 
 
 " On the inside of the lower lip, a little to one side of the 
 median line, and down near the alveolar process, so that it 
 could not have been injured by the teeth, was a distinct, true 
 ecchymosis as large as a dime ; and in this was a cut, of one- 
 quarter of an inch in length, extending through the mucous 
 membrane, and into the tissue beneath. Both were evidently 
 produced at or near the time of death. 
 
 "On the posterior part of the body there was extensive 
 suggillation nearly two-thirds of the way round, and extend- 
 ing from the hips to the head. The blood seemed to have 
 all forsaken the anterior, and gravitated to the posterior por- 
 tion, evidencing its great fluidit}'-. 
 
 " Post-mortem rigidity and elasticity were remarkable. The 
 entire voluntary system of muscles was so rigid and elastic as 
 to prevent them from being relaxed The jaws were firmly 
 fixed. The arms and legs would fly back with great force 
 when any attempt was made to flex, extend, or separate 
 them. Upon dissection, the rigidity and elasticity were 
 found to exist only in the muscular structure, and was not, 
 
MEDICAL .JdlMSPRUDENOE. 187 
 
 ill fact, simple ciidavorons ri^adity. Tlie neck was so stifT, 
 that, in attempting to bend it, tlie whole body wouhl be lifted 
 up. The lips were of a bluish white, and swollen. 
 
 " Tiie tongue was extremely white, i'urred, swolh-n, and 
 indented on the edges, as if by th(; teeth. The heart was 
 healthy but empty, except a small clot in the right auricle ; 
 lungs healthy and normal (cavas contained about two ounces 
 of (lark fluid blood) ; liver healthy and normal, while the 
 gall-bladder was not more than half full. Spleen, kidneys, 
 and pancreas were healthy and normal. Womb was indu- 
 rated and enlarged very much, about one inch adhering 
 to the small intestine, while the os was ulcerated ; internal 
 cavity twice its normal caliber. The ovaries were enlarged 
 to about twice their normal size, while one of them contained 
 a clot of blood half an inch in diameter near its centre. The 
 blood contained in the above-named organs had so far gravi- 
 tated to the capillaries of the dependent portion of the body, 
 that during the dissection the hands and instruments were 
 scarcely soiled with blood; while the only blood in these 
 organs was mostly in the cavas, and that in a fluid state. 
 
 " The dura mater was more than normally adherent to the 
 skull ; the arachnoid presented some opacity near the top of 
 the skull ; the brain was healthy, while upon its surface it 
 was congested, or its veins were full of blood, slightl}' con- 
 gested ; the base and the spinal cord of the cervical vertebice 
 were normal and healthy. The peritoneal surface of the 
 stomach and intestines was red and congested. The stomach 
 was contracted to about two inches in diameter (one-third 
 of its normal capacity), and thickened bj' this contraction to 
 more than twice its normal condition. The mucous mem- 
 brane was thrown, from the contraction of its muscular coat, 
 into folds, and covered with bloody viscid mucus. This mu- 
 cous coat was at least five to six inches in diameter ; and from 
 this some idea can be formed of its folding or corrugation. 
 The duodenum and all the small intestines were contracted 
 both ways, longitudinally and transverseh' : its inner coat 
 was highly congested, folded upon itself, and covered with 
 mucus mixed with blood. The jejunum was in a high state 
 of congestion and contraction ; its mucous coat covered, like 
 the duodenum, with mucus strongly tinged with blood. The 
 ilium was considerably congested and contracted, but a little 
 less than the jejunum ; the mucous coat, covered with viscid 
 matter, and more highly tinged with blood. All these por- 
 tions of the intestines were contracted to about one-half their 
 normal diameter, while the corrugation was strongly marked. 
 
188 A TYPICAL AMERICAN. 
 
 The viscid matter had somewhat the appearance of chyle 
 and chyme, while in none of them could there be found any 
 thing resembling excrementitious or fecal matter. The cse- 
 cum was filled with thin, watery, fecal matter ; and the walls 
 in contact with it were considerably congested : in it were 
 lemon, coriander, and other seeds in considerable quantity. 
 The upper part of the colon contained thin and less watery 
 fecal matter than the caecum ; nearer the rectnm it became 
 more solid; the lower part was quite dry and hard. The 
 rectum contained fecal matter, dry and hard, as if from ex- 
 treme costiveness. The bladder was quite healthy and 
 empty, but contracted to about two inches in diameter, while 
 its mucous coat was thrown into folds, and its muscular coat 
 firm and rigid. Its mucous lining was full four inches in 
 diameter." 
 
 The opinion drawn from these facts by Dr. Swinburne was, 
 that the woman did not die a natural death, but that death 
 was induced by the ingestion of poison ; while, from the 
 analogy of these post-mortem appearances to a great number 
 of animals poisoned by aconite, he gave the opinion that this 
 was the special agent employed. 
 
 Portions of the stomach and intestines were taken to Dr. 
 James H. Salsbury for chemical testing and analysis, who, 
 after testing for all the other poisons, tested for aconitine, 
 and found it. 
 
 At the trial Dr. Swinburne was on the witness-stand up- 
 wards of two days, and Dr. Salsburj'", the chemist, a day and 
 a half, subject to a most skilful cross-examination; for on the 
 breaking-down of their testimony depended the life of the 
 prisoner. To rebut their testimony, and destroy the theory 
 they set forward, that the woman died from the effect of 
 poison, and that that poison was aconite, the defence intro- 
 duced as expert witnesses. Dr. Barent P. Staats of Albany, 
 who had practised thirty -five years ; Dr. Lawrence Reid of 
 Philadelphia, a professional chemist of thirty-five years ; and 
 Dr. Ebenezer Emmons of Albany'-, another chemist. It was 
 a scientific contest between the old practitioners and those 
 of the new school. Dr. Swinburne being only thirty-three 
 yeai's of age, and Dr. Salsbury, twenty-eight. 
 
 The counsel for the prisoner, in his argument, attempted 
 
MEDICAL .JlJIirSl'RUDKNCE. 180 
 
 to ridicule llio two young scientists, terming Swiiiljiirne a 
 young Napoleon, and declaring both men without exi)erience, 
 when liis witnesses had failed to overthrow their testimony. 
 
 During the trial the most intense interest was taken in the 
 case by the public, and nu)re particularly by the medical pro- 
 fession, many of the latter being in attendance in court during 
 the examination of tlie experts ; none of the resident mem- 
 bers of the profession undertaking to place their views on the 
 witness-stand in opposition to the two young men, except Drs. 
 Staats and Emmons, although a number of them had posi- 
 tively declared that it was impossible to discover aconite, and 
 that the doctor would fail to maintain his theory ; one of 
 these doubting Peters, at whose feet the doctor had sat to 
 learn in his earlier j)rofessional training, asserting that the 
 doctor was "going to make a fool of himself, and destroy his 
 prospects for the future." During the examination of Dr. 
 Swinburne and his associate, they gave the nature and results 
 of the various kinds of poisons, and that of aconite in partic- 
 ular, as experimented with by them on cats and -dogs, the 
 symptoms and results being such as the j^ost-mortem revealed 
 in the case of Mrs Hendrickson. It was the most difficult 
 of poisons to trace its piesence, to be established only by the 
 marks it left behind and by taste. While Dr. Swinburne 
 held that the cause of death was in the stomach. Dr. Staats 
 held that the post-mortem indicated a disease of the brain 
 rather than of the stomach ; Dr. Emmons held that he expe- 
 rimented wdth aconite, and found it acted, not as an astrin- 
 gent, but rather created a swelling ; w^hile Dr. Reid, w^ho had, 
 as a professor of chemistry, declared the entire deductions of 
 the two doctors for the prosecution erroneous, was compelled, 
 under the cross-examination, to admit he had read no works 
 on aconite, that he had never seen a case of poisoning from it, 
 had never made experiments with it, and knew of no chemical 
 test that%vould detect this vegetable poison. 
 
 The moral evidence was all circumstantial, the scientific 
 being positive ; and on these the jury, after twentA'-four hours' 
 deliberation, returned a verdict of guilty. Judge Marvin, in 
 pronouncing sentence, said, — 
 
190 A TYPICAL AMERICAN. 
 
 " You employed, for the purpose of accomplishing the deed, 
 a deadly poison, — an active vegetable poison, peculiar in its 
 character, and difficult of detection; and I greatly fear that 
 he who communicated to you the knowledge of poisoning by- 
 aconite, communicated to you also the difficulty of its detec- 
 tion. Relying upon this information, and confident that the 
 instrument of your crime would be forever hidden from hu- 
 man eye, j^ou committed the fearful deed. Empirics and 
 quacks, though they may learn enough to do mischief, and 
 even acquire the requisite knowledge to use as a medicine a 
 deadly poison without always producing fatal results, often 
 fail in acquiring the knowledge which enables men to avoid 
 evil, and to know the force and power of the material which 
 they use. 
 
 " I refer thus prominently to the opinion that there are poi- 
 sons which cannot be detected, because I desire to impress, 
 not only upon you, but upon all, the fact that as science ad- 
 vances — as it unfolds to the student the great storehouse of 
 knowledge, and lets man penetrate into the very aroana of 
 nature — that as it advances, step by step, it enables its vota- 
 ries to detect the most subtle poisons, and to trace the very 
 footsteps of crime. Chemists are enabled now, through the 
 wonderful developments of science — and science detects 
 your crime — to detect almost all poisons, whether vegetable 
 or metallic ; to trace out cases of poisoning, no matter what 
 may be the character of the poison administered, with almost 
 unerring certainty. And it is as dangerous to attempt mur- 
 der with the most subtle vegetable poison, and as certain to 
 be detected, as if the murder were committed with the dirk 
 or the stiletto. Your case may have its moral effect upon the 
 community in this view of it. The community should under- 
 stand that the crime of murder cannot be committed in this 
 day of light, in any manner or by any means, without leav- 
 ing the evidence of guilt ; and this evidence always points 
 out unerringly the guilty individual." 
 
 Every effort known to the law was resorted to in this case 
 to have the verdict set aside, but failed, both in the Supreme 
 Court and Court of Appeals. These attempts failing, an 
 effort was made for executive interposition, not, as District- 
 Attorney Colvin said in a review of some of the medical 
 witnesses, to save poor Hendrickson, but to save themselves. 
 To their aid they brought Professor Alonzo Clark of New 
 York, who thought Dr. Swinburne abused the confidence with 
 
MVAiKlAlj .KIFIISPKUDENCE. 101 
 
 which courts oH justice so often coii4)liincnt men of science, 
 because, without having,' CoiiimI the aconite in the blood, 
 stoniacli, and tissu(!S, he yet ventuntd to expn-ss the opinion 
 that it had been present, — wliich Dr. Chuk would not have 
 done until after it had been found, alLhoiij^di th(; nnirks were 
 unmistakable that it had been there, — but admitted that if 
 the presence of aconite in the blood, stomach, and tissues were 
 conceded, the post-mortem appearances would sustain such admis- 
 sion, — in other words, that the post-mortem appearances were 
 just such as aconite would produce, — and then said Mrs. Hen- 
 drickson's death was probably caused by urea, a disease gen- 
 erally conceded of long standing, preceded by stupor, and 
 terminating in death after daj^s of sickness. Several other 
 " would-be " authorities were invoked, among them Drs. C. T. 
 Jackson and A. A. Hayes, assayists to the State of Massa- 
 chusetts, who condemned in toto the scientific processes re- 
 sorted to by the witnesses for the prosecution. 
 
 T. G. Geoghegan, M.D., professor of forensic medicine. 
 Royal College of Surgeons, Ireland, wrote of this case, — 
 
 " Having with much care considered the medical facts in 
 their relative bearings, I have to state that they appear to me 
 to establish clearly that the death of Mrs. Hendrickson was 
 the result of the ingestion of poison, while they afford the 
 strongest presumption that the special substance employed 
 was aconite. 
 
 " The absence of any sign of disease, or cause of obstructed 
 venous circulation in the adjacent organs, the empty state of 
 the stomach, and the early performance of the autopsy, suf- 
 ficiently attest that the appearances in the alimentary canal 
 were not of a pseudo-morbid or cadaveric character. 
 
 " The foregoing considerations, in my judgment, clearly 
 establish that 3Irs. Hendrickson s death u'as the residt of the 
 i)igestion of a narcotic, acrid poison. 
 
 "As respects the special substance employed, the analysis 
 (when collated with the maximum duration of deceased's 
 illness) shows that it was not of a mineral kind. Animal 
 poison is obviously out of the question. 
 
 "•It therefore but remains to consider what vegetable mat- 
 ters are capable of causing death in four hours ; of leaving 
 behind, in the stomach and small intestines, marked signs of 
 mucous irritation ; of producing, when applied to the tongue, 
 
192 A TYPICAL AMERICAN. 
 
 an acrid taste, followed, after a,n interval of some minutes, by 
 a sensation of numbness, and when administered, even under 
 unfavorable conditions, to a cat, giving rise to choking efforts 
 to swallow and vomit, muscular twitches, prostration, and 
 well-marked stupor. I know of none but aconite, or its active 
 principle, aconitine. 
 
 "The mode in which the case was investigated by the 
 medical and legal authorities reflects much credit on both." 
 
 The trial of this cause was most ably conducted for the 
 prisoner by Henry G. Wheaton and William J. Hadley ; 
 the effort of Mr. Wheaton being conceded a herculean 
 intellectual and legal defence for his client, and 'it almost 
 completely prostrated the able jurist. As he did but little 
 professional work after this trial, it was considered that the 
 effort then made was too great a physical strain, and more 
 than natuie could endure. 
 
 When an application was made to Gov. Seymour for a stay 
 of the execution of the sentence of death, that official, always 
 desirous of according justice to all, and exercising mercy 
 where it was deemed deserving, asked Dr. Swinburne to write 
 a letter in favor of the stay. To this the doctor replied, 
 " However much I sympathize with the unfortunate man and 
 his relatives, I cannot consistently write such a letter. It 
 would be construed as my doubting the position I took on the 
 trial, which I do not for a moment. You are governor of the 
 State, and must exercise your own judgment in the matter. 
 My testimony is before you and the world for criticism, and 
 you must act without any influence from me." An incident 
 which occurred in the executive chamber that evening con- 
 vinced the governor of the prisoner's guilt, and caused him to 
 refuse the application. 
 
 Years after this trial. Judge Marvin said, " At one time I 
 had doubts of the matter; but these were all dispelled at the 
 trial, and by subsequent events, and I was satisfied before the 
 close that the charge was true and the prisoner guilty." The 
 charge of the judge was an able and impartial one, in which 
 every opportunity to throw a doubt in favor of the prisoner 
 was availed. It was forcibly impressed on the jury that the 
 
MEDEOAL JURISPRUDENCE. 103 
 
 prisoner was not to be lield rcsponsihlo because the expert 
 witnesses for the defence failed to assign a cause for death, 
 and that the prisoner was not called upon to account for the 
 death. 
 
 The termination of this suit resulted in elevating the two 
 young men to a very high position as medical scientists, and 
 provoking natural professional jealousy. 
 
 In 1850, Dr. Swinburne, as an expert, made an announce- 
 ment for which there was no precedent, and was met by one 
 of the leading members of the profession in Albany with the 
 exclamation, " Now we have you ! " This case was reported 
 in the " Medical and Surgical Reporter " in 1859. On the 
 26th of March of that year an attempt at abortion was made 
 by a Mrs. Marston on a young woman at the house No. 40 
 Franklin Street, Albany, resulting in the death of the patient. 
 On the following day Dr. Swinburne, in the presence of two 
 physicians and two of his students, held a post-mortem exam- 
 ination of the body fourteen hours after death. He found the 
 external of the body natural but very pallid. On cutting 
 through the integuments into the cellular tissues, air was ob- 
 served to issue from the divided veins in the form of a frothy 
 fluid. On exposing the heart, its right cavities were found to 
 be greatly distended with a spumous mixture of blood and 
 air, and slight compression of the heart was seen to force out 
 bubbles of air from the divided intercostal veins. A thorough 
 examination showed that the jugulars, and the veins emptying 
 into them, even to the small vessels of the brain, were all dis- 
 tended with air. On examining the membranes and their 
 contents, the internal surface of the womb exhibited slight 
 softening of the tissues, several abrasions (evidently not nat- 
 ural), a perforation communicating directl}" with the uterine 
 sinuses about two inches from the cervix and in the right latero- 
 posterior region : this opening communicated directly with the 
 veins of the broad ligament, and thus with the ascending cava. 
 The OS and cervix were open to the extent of two lines, and 
 filled with bloody mucus. The post-mortem appearances, and 
 the description of the young woman's death, the doctor decided 
 could not be accounted for on any other hypothesis than that 
 
194 A TYPICAL AMERICAN. 
 
 of air in the veins. Death occurred while the instrument was 
 in the uterus, and was immediate, for the woman mistook 
 death for sy)icope. 
 
 The point of interest in the case was the manner in which 
 the air was introduced. Several deaths had been reported 
 from ingress of air into the large veins of the neck ; and he 
 held that even the subclavian was liable to the same thing 
 under favoring circumstances, such as tension upon the vein 
 from the subject's position during surgical operations, or by 
 traction upon a tumor during excision, the vein being tempo- 
 rarily canalized, or prevented from collaj^sing. Under all the 
 circumstances, he maintained, this canalization of a vein, or 
 its conversion into a rigid tube, is the indispensable condition 
 requisite for the intrusion of air. But this condition, he held, 
 was inadmissible in the case of the uterine veins and ascend- 
 ing cava, from the nature of physical laws which govern the 
 movements of the fluids in the body no less than in organic 
 matter. Under all the circumstances, he was compelled to 
 accept the presumption that the abortionist forcibly inflated 
 the entire venous system by means of the catheter introduced 
 into the uterus, perforating its parietes, and in contact with 
 the lacerated vessels of that organ. The fact of forcible in- 
 flation was incapable of proof, there being no third person 
 present at the time of death, and hence no witness. Absolute 
 certaint}'' was only to be arrived at upon the confession of the 
 guilty woman herself. 
 
 This was another step in the development of science ; and, 
 as its precedent was not in the books, it was necessarily con- 
 sidered erroneous, and an innovation not to be tolerated, 
 coming as it did from a comparatively young phj-sician ; and, 
 as soon as one opponent raised his voice in opposition, there 
 were a large number of others to follow in his wake, just as a 
 drove of sheep would follow a leader over a precipice with- 
 out stopping to look where they were going. 
 
 But again the young doctor's views and decisions were 
 proven correct by the confession of the woman herself. She 
 had been arrested, tried, convicted, sentenced, and imprisoned 
 in less than four weeks. While in prison, she made an 
 
MEDICAL JURISPRUDENCE. 195 
 
 application for pardon to (Jo v. Morgan, maintaining inno- 
 cence of the forcible inflation. On her application being 
 refused, she filially confessed to the governor's secretary, Lock- 
 wood L. Doty, that she was guilty ; and that she blew the air 
 in, hoping to get it between the membranes and the uterus, to 
 the end that it might effect abortion ; and that Dr. Swinburne 
 was correct. Thus another scientific victory was won by 
 him in the interests of virtue and the people.^ 
 
 In 1862 he was again employed as an expert in the cele- 
 brated ti'ial of the Rev. Henry Budge for the murder of his 
 wife, and again demonstrated that the hours of hardship 
 endured by him as a student, and his close applicatio'ii to 
 study after being admitted to practice, had not been in vain, 
 but developed a mind well stored with medical and anatomi- 
 cal lore. On the morning of Dec. 11, 1859, Priscilla, wife of 
 the Rev. Henry Budge of Lyons Falls, Lewis County, was 
 found dead in her bed, with her throat cut. The same day 
 a coroner's inquest was held, and a verdict of " death by 
 suicide " rendered. Afterwards whispers of domestic differ- 
 ences aroused suspicion that foul play had caused the death 
 of Mrs. Budge, and four months subsequently the body was 
 exhumed by order of the coroner ; and, at his solicitation, 
 Dr. Swinburne, assisted by Dr. Porter, held an autopsy. The 
 decision arrived at on this second inquest, from what was 
 revealed at the autopsy, and the evidence adduced before the 
 coroner, convinced the doctor that Mrs. Budge did not meet 
 her death bj'' her own hands, and that the wound in her throat 
 was inflicted after death, or when nearly dead; and, on these 
 developments and deductions, Mr. Budge was held on a 
 charge of murder. The post-mortem revealed an extensive cut 
 from three and a half inches below the lobe of the left ear to 
 three and a quarter inches below the lobe of the right ear, four 
 and a half inches below the chin, the curved length of the 
 wound being five and one-half inches. The depth of the cut 
 was two inches, back to the vertebrae, cutting through the peri- 
 osteum and into the osseous matter of the fifth vertebra, and 
 
 1 Professor Daltou of New York said in his lectures that it was the only case 
 of this nature ou record. 
 
y • A TYPICAL AMERICAN. 
 
 also shaving off a lateral portion of the transverse process of 
 this vertebra. There was distinct ecchymosis of the tongue on 
 either side, at points opposite the molar teeth. On the left side 
 this covered a surface of one inch in length, and half an inch in 
 a lateral direction. On the right, it was one and a half inches 
 in length ; on the upper and wider part, near the base, seven- 
 eighths of an inch, diminishing towards the anterior portion, 
 where it was one-half an inch, and extending through the 
 mass of the tongue, and visible from either side, as was 
 demonstrated by making incisions through its substance, and 
 subsequently soaking it in water. The tip of the tongue was 
 somewhat discolored, but not ecchymosed. The oesophagus, 
 for the space of about two inches near and below the root of 
 the tongue, was of abnormally red or maroon color. The right 
 lung was congested, and engorged with blood, and apoplectic ; 
 pleuratic adhesion slight; otherwise healthy. Tlie heart was 
 entirely sound in every particular, while in the chest there 
 was bloody serum in both cavities, — on the left side five 
 ounces, and on the right eight ounces. The heart and large 
 vessels were empty, while the capillaries of the exti'emities and 
 dependent portion of the body were full of blood, and all the 
 muscles retained their juicy and florid appearance. The right 
 lung continued to discharge blood}^ serum, while the micro- 
 scope distinctly revealed the presence of diffused and circum- 
 scribed apoplexy, as well as engorgement of the tissues. The 
 left lung, when placed in a jar of fliuid, presented a large 
 amount of debris of broken-down blood in the dependent 
 portion, Avhile the fluid was very much discolored. There was 
 no appearance of disease in the biuin ; and all the other organs 
 were found healthy, and fiee from congestion. 
 
 Taking these results and the facts as elicited at the first 
 coroner's inquest, — that the bedclothes were undisturbed 
 and carefully tucked in at the foot, and she with her eyes 
 and mouth closed as if asleep ; the coverlids carefully turned 
 down on the left side to about the breast, while on the right 
 they were turned down about twelve inches farther ; that 
 there were no spurts or spatters of blood on the anterior part 
 of the body, nightdress, or clothing below the cut, nor on the 
 
MIODKJAL .JUKISrUUDKNCE. 107 
 
 face and neck above tlie cut, except a slight stain on tlie 
 under side of tlie chin, as if some bloody thing had been 
 wiped against it ; no blood-stains on the head-board, pillows, 
 bedstead, clothes, walls, or otherwise, except about a quart- 
 mug full in the feather-bed, forming a mass of bloody feathers, 
 and a small amount on the pillow, — these circumstances were 
 conclusive proof of themselves to satisfy the doctor that the 
 woman had been murdered. This opinion was still further 
 confirmed by the position in which the woman lay, — on her 
 back, head resting on the pillow and inclined back, with only 
 slight blood-stains on the right cheek and chin, as though 
 something bloody had touched them, and no blood on the 
 hands except on the fingers of the right hand, while there 
 was none between the fingers. 
 
 The pregnant facts that the wound on the neck leaked from 
 three to six ounces of fluid blood during its cleansing, so that 
 it had to be stuffed with cotton batting, sewed up, compressed, 
 and bandaged, to keep it from bleeding ; and that it still con- 
 tinued to ooze blood through the side of the compress; and 
 that four months afterwards, when the dissection was made, 
 the cotton batting, when removed, was saturated with blood, 
 and the parts under the neck also wet with blood, — were held 
 by the doctor to be significant. The position of the body ; the 
 character of the cut; the almost bloodless condition of the 
 surroundings ; the entire absence of spurts and spatters of 
 blood ; the stains of blood from a bloody hand on the pillow 
 and face, when her hands were not bloody, and a spot of 
 blood ten or twelve inches in size on the sheet, and tucked 
 under; the entire absence of a condition in the bed indica- 
 tive of convulsions (a condition which always accompanies 
 death by hemorrhage) ; the small amount of blood lost (not 
 exceeding a quart) ; the condition of the lungs at the time 
 of death; and other facts, as presented, — convinced the 
 doctor that Mrs. Budge was dead, or nearly so, when her 
 throat was cut, and that after death the cutting was done 
 to cover up the crime of murder. The commencement of 
 this cut, he held, was quite too abrupt for a wound made 
 with the blunt point of a razor; that the extent and char- 
 
198 . A TYPICAL AMERICAN. 
 
 acter of the tissue cut were quite too great for a delicate 
 woman with one stroke of a razor to complete, and that, too, 
 in a position where the muscular power is so materiall}'' im- 
 peded. He also held that the position of the blood-stains, 
 and the direction taken by the blood, where it could flow 
 only by gravity when leaving the bod}', taking into consider- 
 ation the position of the head (particularly that of a female), 
 rendered the idea of suicide to him quite preposterous, not 
 to say ridiculous. 
 
 At the time of her death, as testified by witnesses, a razor 
 was found lying under the arm, nearer the wrist than the 
 elbow, two-thirds open ; the blade uncovered, edge lying to- 
 wards her. Two-thirds of the edge in length, and one-third 
 in depth, or two-ninths of the razor-blade, was bloody. From 
 the position in which the razor was found, and its neai-ly 
 bloodless condition. Dr. Swinburne held that this was not 
 the instrument with which the cutting was done. If it were, 
 the cut being very extensive and involving the bone, the 
 instrument would have been covered with blood, and its edge 
 probably nicked. 
 
 At the second inquest Dr. Swinburne was on the witness- 
 stand twenty-two consecutive hours; and at the conclusion 
 of his testimony the verdict of the first inquest of " death 
 by suicide" was reversed, and Budge committed on a charge 
 of murder. 
 
 There were but three cases known to the profession, or re- 
 corded in the books, prior to this one, in English or American 
 works, which had any beaiing on this case ; and in these three 
 cases the evidence was suppressed for political and social coi]- 
 siderations, all the parties being titled dignitaries in Great 
 Britain. But, notwithstanding this absence of precedents, 
 the repeated threats and intimidation made toward all par- 
 ties who would dare to take part in the prosecution, and of 
 the press if they published the proceedings, and the almost 
 unanimous opposition of the profession, the doctor, still a 
 comparatively young practitioner, held to his theory " that 
 Mrs. Budge was murdered ; " and the abuse heaped upon him 
 was as powerless to deter him from the discharge of what he 
 
MEDKJAIi .HJItlSPKUDENCE. 100 
 
 conceived to bo liis duty as would be an attempt to blow 
 down the fortress of Gibraltar with a pr)p^un. 
 
 After Budi^e's first commitment, he was taken before Judge 
 Bacon at Utica on a writ of habeas corpun, and released on 
 the ground that the second inquest was illegal. A month 
 subsequent to this, his case was presented to the grand jury 
 of Lewis County, eleven of whom were in favor of indicting. 
 In September, 1860, his case was again presented to the grand 
 jury of Lewis County, and an indictment of murder found 
 against Budge. Li 1861 he was tried before Judge Allen at 
 Rome, Oneida County, when Dr. Swinburne was on the stand 
 for several hours as the most prominent witness for the 
 people, and was sustained by such eminent pathologists and 
 scientists as Professors Valentine Mott of New York, and J. 
 McNaughton of Albany, and others. During the examina- 
 tion, one of the witnesses (Professor Mott), who, in answer to 
 a question b}"" one of the counsel, said he was the only living 
 student of Sir Astley Cooper, was interrupted by the judge 
 while explaining in detail the action of the heart and lungs 
 after the cutting of the pneumogastric nerves. Professor 
 Mott testified that the only work he had ever read on the 
 subject was Beck's, and that in that work it was laid down that 
 instant death followed the cutting of the gastric nerve; and 
 on this authority death was immediate, with perhaps one long 
 respiration. On the professor making this statement, Mr. 
 Conkling moved for the discharge of the prisoner; the judge 
 holding that all the circumstances made out a strong case for 
 judicial investigation, but that from time to time in the trial, 
 qualifying circumstances had been proved, tending to show 
 how the blood might have appeared as it did, how it might 
 have got into the lungs without asphyxia. " It is not for me 
 to say," he added, '' that the case shall close : there are cir- 
 cumstances that might be forcibly urged to the jury ; but it 
 strikes me, that, as the case stands, it is only a balance of 
 probabilities, in which it would be unsafe to convict; and, in 
 view of the fact that these doubts have arisen, the prisoner 
 is entitled to the benefit of them, and should be released." 
 The case was then sent to the jury pro forma, and by 
 direction of the judge the prisoner was acquitted. 
 
200 A TYPICAL AMERICAN. 
 
 The trial, as far as it proceeded, was a bitterly contested 
 one, and made almost as prominent because of the array of 
 counsel engaged as by the nature of the case. Among the 
 most prominent of the scientific men to oppose the position 
 of Dr. Swinburne was Professor Alonzo Clark, professor of 
 pathology and practice of medicine in a prominent New- York 
 college, and who boasted of three years' standing in Europe 
 as a professor. This eminent gentleman subsequently pre- 
 sented a paper before the New- York Academy of Medicine 
 on this case. Dr. Swinburne was present, by invitation of 
 the members, to discuss the matter ; but when his name was 
 mentioned by Dr. Griscom, with the request that he be invited 
 to participate in the discussion, objection was raised by Dr. 
 Detmold, and discussion suppressed, a law of the academy 
 requiring unanimous consent for a non-member to take part 
 in debate. I'ears afterwards. Dr. Detmold, in explaining to 
 Dr. Swinburne this act of professional discourtesy, said he did 
 it at the instance of Professor Clark, and because he promised 
 to do so. 
 
 When the case was so abruptly brought to a close, Dr. 
 Mott, who had been interrupted, it was said, turning to 
 Judge Allen, remarked sotto voce, "I would like to explain." 
 — "It is too late now," said the judge. — " But I do not be- 
 lieve that poor woman ever killed herself," said the doctor. — 
 "Neither do I," replied his honor. 
 
 The Rome "Sentinel," in commenting on the trial, said, — 
 
 "Those who heard the evidence in the Budge trial through- 
 out, can easily see that the weak points of that case lay at the 
 same spot. The village doctor, who was first called in to 
 see the dead body of Mrs. Budge, did not seem to dream 
 that a woman's head could be half cut oft" by anybody but 
 herself. He actually did not suppose that the coroner would 
 need him as a witness, much less that a judicial investigation 
 might subsequently need his evidence. Instead of taking 
 out his note-book, and carefully noting on the spot every 
 atom of fact in regard to the spots of blood, the quantity, the 
 position of the body, of the marks of blood, and every thing- 
 else which could throw a light upon the circumstance of the 
 cutting, this doctor seems to have contented himself with 
 poking cotton batting into the wound, and sewing it up." 
 
MEDICAL .JUKLSI'RIIDKNCK. 201 
 
 As a Koquel to tliis (rial, tlin Rev. Hoiiry liiulge instituted 
 an action lor lil)(;l against tlu; Hon, Caleb I>yoii for .sla/i- 
 clcr, placJiig his daiiiaj^es at twenty thousand dollars. 'I'he 
 coni])]aint alk'fi^cd the printing; and cireulating of the libel 
 in which Lyon (diarged IJudj^e in verse with the murder of 
 his wife, eiiniinal intercourse with other women, and other 
 charges, which, the plaintiff alleged, held him up to ridicule, 
 and injured his good name and character. In the trial of this 
 case, the array of counsel was formidable, and consisted 
 of the Hons. Messrs. Conkling, Kearnen, Doolittle, and 
 Earle for the defendant, and the Hon. Judge Lyman Tre- 
 maine for the plaintiff. The only expert for the defend- 
 ant was Dr. John Swinburne. Li this case all the evidence 
 in the murder trial was introduced, the only defence made 
 by Lyon being justification as to the charge ot murder, and 
 nothing as to the other criminal charges. The trial occupied 
 three weeks. Judge Mullen, in summoning up the case, 
 charged the jury, among other things, that " the fact that 
 if the defendant, at the time of publication, had reason, from 
 the facts and circumstances existing at or before the publi- 
 cation, to believe the plaintiff was guilty of the acts charged, 
 he would not be thereby relieved from liability for the damages 
 which legitimately and naturally resulted from the publica- 
 tion, but it would relieve him from any liability which the 
 existence of actual malice would justify, and require the jury 
 to give. If the justification is proved, then the plaintiff is 
 entitled to like damages for the injury sustained by reason 
 of the other charges against him in the libel." 
 
 Notwithstanding this charge, and the legal acumen en- 
 gaged in the prosecution of this libel suit, the jury gave the 
 plaintiff a verdict of one hundred dollars, instead of twenty 
 thousand dollars, as asked, — virtuallv, it seems, a verdict 
 declaring him guiltv of the charge, where iustification was 
 pleaded, and a sufficient sum to repair the damage to his 
 character by the other charges, in which no defence was 
 made. Among the expert witnesses for the Rev. Mr. Budge 
 were Drs. Coventry, Hogeboom, and Thomas. 
 
 A significant incident in connection with these trials was 
 
202 A TYPICAL AMERICAN. 
 
 stated b}' a United-States senator, who said, "When the ques- 
 tion of confirming Hon. Caleb Lyon to a territorial governor- 
 ship was being considered, liis confirmation was attempted to 
 be defeated because of his connection with these trials as 
 proving him unworthy the trust. The late Charles Sumner, 
 a profound jurist and deep thinker, was in possession of a 
 review of the case published by Dr. Swinburne, and from 
 this review demonstrated the grounds taken by Mr. Lyon as 
 honorable in every particular; and on his construction of the 
 facts the appointment was confirmed." 
 
 Li the "Proceedings of the Medical Societ}'- of the State of 
 New-York, 1862," is a review of this interesting case, cover- 
 ing a hundred pages. In this review is given a synopsis of 
 the evidence, both sciencific and moral ; the tiieory and argu- 
 ments of Professor Clark and Dr. Swinburne, with a full 
 account of the latter's views, and the grounds on which his 
 deductions were made, and a reply to the theories of Professor 
 Clark,! '^vith a number of cuts showing how the cutting 
 could be done by another than the unfortunate woman ; as 
 well as a report of fifteen cases of suicidal deaths by cutting 
 carotid arteries, the opinions of leading scientists, and other 
 interesting scientific matter. 
 
 Among the eminent men whose attention was drawn to 
 this case, and who coincided with the views of Dr. Swin- 
 burne, were Alfred S. Taylor, M.D., professor of medical juris- 
 prudence, Guy's Hospital, London, and author of " Taylor 
 on Poisons" and "Taylor's Medical Jurisprudence ;" T. G. 
 Geoghegan, M.D., professor of medical jurisprudence. Royal 
 College of Surgeons, Dublin, Ireland; Charles A. Lee, M.D., 
 professor of medical jurisprudence, editor of Guy's "Fo- 
 rensic Medicine," etc. ; S. D. Gross, M.D., professor of sur- 
 gery, Jefferson Medical College, Philadelphia, and author of 
 " Gross on Surgery ; " S. Weir Mitchell, M.D., the celebrated 
 scientist of Philadelphia; Alfred Stille, M.D., Philadelphia, 
 
 1 In the review of this case Dr. Swinburne gives in full the paper read by- 
 Professor Clark before the Academy of Medicine, dividing it into sections, and 
 answering the arguments as they are i^reseuted. He also gives in full the cases 
 cited by Professor Clark. 
 
MEDICAL .lURISPRUDENCK. 203 
 
 author of Wharton and Stillo'H work on medical jurispru- 
 dence ; J. G. Wurmloy, Columbus, O., professor of microscopic 
 poisons. licciuise of LIk; ini|)or(iui(;c of tliis case, and the 
 prominent positions held hy tiu; writci's, at the head of their 
 profession, tjjeir letters arc given in full : — 
 
 ClIKMICAL LabOKATOUY, Guv'S HOSPITAL, 
 
 June 30, 1860. 
 
 Dear Sir, — I have great pleasure in sending you my 
 opinion of the case of Mrs. B. of G. Dr. Uendee left the 
 manuscripts and drawing at my house during my absence ; 
 so that I had an opportunity of reading it, and writing out 
 my views, without having any communication with him. I 
 can perceive that it is a case of great importance. It some- 
 what resembles that of Lord William Hussell, murdered by 
 Courvoisier in London, in 1840, and the case which I have 
 reported under the name of ILarrington, in my '' Medical 
 Jurisprudence," 6th ed. (English), p. 281. 
 
 I am, dear sir, yours faithfully, 
 
 ALFRED S. TAYLOR. 
 Dr. Swinburne. 
 
 [Report of the Case of Mrs. B of G.] 
 
 I have read a report of the case of Mrs. B. of G., who 
 died Dec. 10, 1859. This report, with a drawing of position 
 of deceased in bed, has been furnished to me by Dr. J. 
 Swinburne of Albany. 
 
 From these documents it appears to me, — 
 
 1st, That the wound in the throat must have been inflicted 
 while the deceased was lying on her back; i.e., in the recum- 
 bent posture. There was no blood on the anterior part of 
 the neck below the cut, and there was no blood on the an- 
 terior part of the body or nightdress. Consideriug the blood- 
 vessels divided by the wound in the neck, the fore part of 
 the person and dress, if deceased were sitting up at the time 
 of its infliction, could not have escaped receiving a consider- 
 able amount of blood. 
 
 The description of the flow of blood being chiefly on each 
 side of the neck is in accordance with the view that the, 
 wound was inflicted while deceased Avas on her back. 
 
 The head being deeply embedded in the pillow is also in 
 favor of this view, since, had deceased sat up at the time of 
 infliction, I do not believe that by any accidental fall such 
 
204 A TYPICAL AMERICAN. 
 
 an embedding of the head in the pillow could have taken 
 place ; and, further, it is not conceivable that tlie head should 
 have been thrown back as the result of an accidental fall. 
 
 2d, Taking the depth, extent, and direction of this wound 
 in the neck, it is not such a wound as a person could inflict 
 on himself or herself ivJiile lying on the hack in a recumbent 
 posture. 
 
 TJie large blood-vessels on the back side of the neck were 
 divided, assuming that a suicide might have power, after di- 
 viding the carotids and jugulars on oue side, to carry a razor 
 through the trachea and oesophagus, as well as through the 
 blood-vessels, on the other side. 
 
 I am decidedly of the opiuion that there would not have 
 been the power to shave off the left trausverse process of 
 the fifth cervical vertebra, or penetrate the osseous structure. 
 In the recumbent posture, such an act would require the 
 exercise of a great muscular force at a very great disadvan- 
 tage in the position of the right arm for using the required 
 force. 
 
 Assuming that the incision was made from left to right, the 
 fifth vertebra must have been implicated in the incision before 
 the weapon was carried to the right side at all ; and yet it is 
 stated tliat on the right side of the neck there was a cut in the 
 skin one-quarter of an inch farther than the tissues wounded. 
 
 This fact proves to my mind a deliberate withdrawal of the 
 weapon, quite inconsistent with the fact that the blood-vessels 
 on both sides of the neck had been divided, and the periosteum 
 and osseous structure of the fifth cervical vertebra had been 
 cut or penetrated. 
 
 8d, On the hypothesis of suicide, a wound of this extent 
 and depth must have been inflicted with tremendous force and 
 with great rapidity. There must have been a sudden and 
 copious loss of blood from the divided blood-vessels of the 
 two sides of the neck. 
 
 How came the right hand, only slightly bent, to be in a 
 position by the side of the body, the weapon not grasped within 
 it, but lying on the bed six or eight inches from the wrist? 
 No muscular power would, in my judgment, have remained 
 to enable the deceased to have placed her arm in this position 
 after the infliction of such a wound in the recumbent pos- 
 ture ; and there is no conceivable accident l)v which it could 
 Rave assumed this posture, unless the body had been inter- 
 fered with before it was seen by the medical attendant. The 
 weapon, on the view of suicide, should have been in the grasp 
 of tlie hand, considering the enormous muscular power 
 
MEDICAI. .IIJKISPRUDENCE. 205 
 
 which iiiiist have, h(;eii used in an act of cutting whicli in- 
 volved tho body of one of tlio vert(d)r;c : if not in the grasp, 
 the part by which tlie weapon was lield .should have been 
 elose to the palm. 
 
 The rigjit hand presented only on the palmar surface alight 
 streak of blood : the left hand is not (lescril)ed as having 
 any blood upon it. Mad the right hand of deceased inflict(;d 
 such a wound as is described, the back of the hand, as well 
 as probably a part of the palmar surface, would have been 
 covered with blood. I'he presence of a light streak oidy on 
 the second row of the phalanges of the palm is inexplicable 
 on the presumption of suicide. The wea[)on must have been 
 grasped and held firmly in the right hand : hence the palmar 
 surface might have escaped, but the dorsal surface, in my 
 opinion, could not escape, receiving some blood from the vessels 
 divided on the left side, and subsequently from those divided 
 on the right side. 
 
 The spot of blood twelve or fourteen inches in length, 
 etc., on the bedclothes, and the spots on the pillow to the 
 right, have no communication with the main source of hemor- 
 rhage : they must have lieen produced subsecjuently to the 
 wound in the neck. There is no conceivable theory by 
 which the deceased could have produced them, or that they 
 could have resulted from any act on her part, on the suppo- 
 sition of suicide. 
 
 Taking the attitude of the body, the nature of the wound, 
 and the medical circumstances in reference to the position of 
 the stains of blood and the weapon, I am of opinion that this 
 wound ivas not inflicted hy deceaned on herself, but that it must 
 have been inflicted by some other person. 
 
 A case somewhat similar occurred to me some 3'ears since. 
 The assassin, in this case, cut the throat of a woman while 
 asleep. He cut off one of the cotton strings of her night- 
 cap : this was found on the floor. The microscope showed 
 fibres of cotton in the coagulated blood on the razor. 
 
 The head of deceased was pressed backward on the pillow, 
 and it would appear as if the chin had been raised, or pulled 
 upward, at the time of the act of cutting. 
 
 ALFRED S. TAYLOR, 
 
 Professor of medical jurisprudence 
 
 a7id chemistry m Guy^s Hospital. 
 
 15 St. James Tkkkace, Recent's Park, 
 J line 29, 18(50. 
 
20G A TYPICAL AMERICAN. 
 
 [Letter from Professor T. G. Geoghegan ] 
 
 Upper Marion St., Dublin, 
 Sept. 10, 18(JU. 
 
 My Dear. Sir, — I herewith apologize for having so long 
 left your letter unanswered. 
 
 I have read your well-drawn report with great interest, and 
 feel quite disposed to concur in tlie general conclusions you 
 have drawn. 
 
 The autopsy was very well conducted. I find it impossible 
 to understand how the division of the great vessels should not 
 have discolored more of the adjacent surrounding surfaces 
 with blood, unless by some such state of the circulation as 
 you suggest, and which latter would explain the result. 
 
 The lungs also seem to have been congested, — a condition 
 not to be expected in death from hemorrhage. 
 
 I infer, however, that Avhat was found in the pleura was 
 serum strongly imbued with blood, rather than pure blood, 
 as I have never seen the latter except with a wound. Whilst 
 the bloody fluid is not unusual as the result of the process of 
 putrefaction, especially under the influences of gases accu- 
 mulated in the blood-vessels, and thus causing exudation ; 
 the absence, also, of more than slight stains of blood on the 
 hand, — the division of the transverse process of the cervical 
 vertebrce, and the condition of the tongue, are presumptive of 
 homicide. My best wislies. 
 
 Yours very truly, 
 
 T. G. GEOGHEGAN. 
 Dr. John Swinburne, Albany, N.Y. 
 
 After transmitting to Dr. Geoghegan some tables embody- 
 ing the results of experiments, he sends in reply the fol- 
 lowing able and comprehensive opinion : — 
 
 Dublin, Dec. 18, 18G0. 
 
 Dear Dr. Swinburne, — I feel much obliged by your 
 attention in sending me the report of the inquest in Mrs. 
 Budge's case, and the valuable tables embodying the result 
 of your experiments. Some time since, I wrote to you, giving 
 you, I think, a sketch of my views of the matter, the date 
 furnished by yourself. 
 
 I quite coincide with you as to the extreme improbability 
 of suicide having been carried out in the present instance ; 
 and this for a variety of reasons, which you appear to have 
 estimated very correctly. 
 
MEDICAL JURISPllUDENCK. 207 
 
 I cannot conceive!, in ilic first place, that had the division 
 of the <;re:i,t v(!sscls been the resnlt of suicide, the circnhition 
 beinfif ordinarily vig^orous, the nei,t,dd)oring objects — as the 
 head of the bed, and walls, bedclothes (i.e., pillows), and 
 doubtless the deceased's face and upper part of the neck — 
 could have escaped being copiously sprinkled with Idood, 
 and that ])art of these maiks should have the dotted and 
 interrupted character of an arterial jet ; secondly, that the 
 lungs should have been exsa7if/ui.ned, or nearly so, instead of 
 forming chcu-acters which lead to the legitimate inference 
 that they were congested at the time of death. The condition 
 of the razor-blade, unstained by blood in a great part of its 
 breadth, seems strongly also to militate against self-murder. 
 I should have further exfjccted that in case of suicide fol- 
 lowed by rapid death, and where the extent and character 
 of the injury would indicate a most determined effort, the 
 weapon would have been found grasped in the hand, as it 
 most usually is. Again : suicide by cutting the throat in the 
 recumbent position is most unusual. Nor have I ever seen or 
 read of a case of suicide where a portion of the lone Avas 
 sliced off. The seat of the wound is unusual for a suicide, 
 being commonly at one side more than the other, and gen- 
 erally above the os hyoides. These latter, however, are not 
 decisive criteria. Lastl}', the injuries of the tongue are very 
 significant. 
 
 With best washes, yours very truly, 
 
 T. G. GEOGHEGAN. 
 Dr. J. Swinburne, Albany-. 
 
 [Letter from Dr. Charles A. Lee.] 
 
 Peekskill, Sept. 2S, 1860. 
 Dr. Charles H. Porter. 
 
 My Dear Sir., — I am much obliged to you for the oppor- 
 tunity of reading j'our " report of the case of Mrs. B., who 
 died under suspicious circumstances." I have carefully read 
 it, and given it much consideration. 
 
 It is due to you to say that it is a most ingenious., judicious^ 
 and .iati.factorg exposS of the case. 
 
 The conclusions at which you arrive appear to me sound 
 and irresistible, and entirely borne out by the facts. There 
 is not a shadow of doubt in my mind that the incision was 
 inflicted after death, and there is as little doubt that death 
 resulted from suft'ocation. 
 
 The depth and extent of the wound argue a determina- 
 
208 A TYPICAL AMERICAN. 
 
 tion of purpose, and strength of wrist, possessed by very few 
 suicides, especially females ; and I do not believe it possible 
 that such an incision could have been inflicted by the deceased. 
 
 The case^ in my judgment, could hardly be strengthem^d by 
 any collateral circumatances. 
 
 If it should appear that the parties lived together unhap- 
 pily, it would go far with a jury to corroborate your theory. 
 
 The supposition of suicide I should not suppose could be 
 entertained at all by any person. But, even under such (in- 
 sanity) circumstances, I should decidedly coincide with you 
 in the opinions you have expressed in regard to the cause 
 of death ; for all the facts point irresistibly to the agency of 
 another hand. I have nowhere read a more interesting case, 
 or one which has been more ably or logically elucidated, 
 where the reasoning throughout is so thoroughly based on 
 science, and established principles of anatomy, physiology, 
 and pathology. 
 
 I trust you will allow its publication in some of our medi- 
 cal journals, as it is too important to be lost to science. 
 
 Allow me to thank you again for your kindness in sending 
 me your report of the case. 
 
 I am very truly yours, etc., 
 
 CIIAS. A. LEE. 
 
 [Letter from Dr. S. D. Gross, Professor of Surgery.] 
 
 Philadelphia, Jan. 31, 1862. 
 
 Dear Doctor, — You ask me in regard to the probable 
 manner of the death of Mrs. Budge, — whether, in my judg- 
 ment, it was caused by her own act, or by the act of some one 
 else. After a careful examination of the testimony submitted 
 to me, I have unhesitatingly come to the conclusion that she 
 was destroyed, not by her own hands, but by those of another 
 person. My reasons for this conclusion are the following : — 
 
 1st, It is impossible for any person to cut the large vessels 
 of the neck without being inundated with blood. If Mrs. 
 Budge had been alive at the moment her neck was cut, the 
 blood of the carotid arteries would have spurted about in every 
 direction, soiling not only the bed and body clothes., but also 
 the floor., and probably even the wall and ceiling of the apart- 
 ment. I assume that this circumstance alone is amply suf- 
 ficient to establish the fact that she had ceased to breathe 
 when her throat teas cut. As a surgeon, I cannot conceive 
 of the possibility of such a frightful wound being inflicted 
 without the occurrence of the most profuse hemorrhage, even 
 
MEDICAL .IIJRISPRUDKNCE. 209 
 
 if life liatl been destroyed in a few seconds; and the effects 
 of this heniorrliage would iinrjuestionahly liave exhil)ited 
 themselves in the manner above indicated. Any one who 
 has ever seen a chi(;k(!n's liead severed knows how long 
 the blood continues to How in a full stream from the carotid 
 arteries. 
 
 2d, If Mrs. Budge had herself inflicted the wounds lier 
 hnnd^face^ and chest would necesmrilij have been covered with 
 blood : which, liowever, it appears, was not the case. 
 
 3d, From the fact that the woman was comparatively 
 thin and feeble, I infer that she could not (even if we sup- 
 pose she possessed most extraordinary will and determination) 
 have wielded the razor with which the wound is said to have 
 been inflicted, in such a manner and Avith such force as to 
 shave off the left transverse process of the fifth cervical ver- 
 tebra, or to divide all the structui-es in front of the neck, 
 even down to the scalenus muscle. Such a wound as Mrs. 
 Budge's is seldom inflicted by the most robust and coura- 
 geous suicide. 
 
 4th, From the position of the razor, and from the almost 
 entire absence of hlood upon it, to say nothing of the peculiar 
 shape of the ivound^ I cannot suppose that it ivas the weapon 
 used to kill Mrs. Budge. 
 
 The above facts and considerations are quite sufficient 
 for my purpose. I leave entirely out of the question all the 
 minor points of the case. They establish most irrefragably, 
 in my judgment, the conclusion that j\Irs. Budge's neck was 
 not cut until she had ceased to breathe, and consequently that 
 she was not her own murderer. 
 
 How she was killed I will not pretend to affirm ; but the 
 probability suggests itself to my mind that the act was 
 effected by manual strangulation, and that her throat ivas cut 
 immediately after. This idea derives plausibility from some 
 of the circumstances revealed during the dissection of the 
 body. 
 
 I am, dear doctor, very truly and respectfully 
 
 Your friend and obedient servant, 
 
 S. D. GROSS. 
 Dr. John Swixburne. 
 
 Philadelphia, Dec. S, 1S62. 
 John Swinburne, M.D. 
 
 Dear Sir, — I have received a copy of " A Review of the 
 People against Rev. Henrj' Budge," for which I presume that 
 
210 A TYPICAL AMERICAN. 
 
 I am indebted to j^oii. Its details have interested me very 
 much, and the}'' appear to me to sustain your conclusions. 
 Will 3'ou permit me to call your attention to a point which 
 does not seem to me to have attracted your notice? On p. 
 12 it is stated that "a razor was lying under the arm, two- 
 thirds open^ Would it have been possible for a suicide to 
 inflict the wounds described in the evidence with a razor only 
 two-tliirds open ? Or, supposing that those wounds were in- 
 flicted by the razor bent backwards as it is used in shaving, 
 could it have been partially closed by a suicide who had in- 
 flicted the wounds described in the evidence? If these ques- 
 tions are answered in the negative, as I think they should be, 
 Mrs. Budge was not a suicide. 
 
 I am, very respectfully, your obedient servant, 
 
 ALFRED STILLE. 
 
 Columbus, O., Sept. 8, 1862. 
 Dr. Swinburne. 
 
 My Bear Sir, — I am under many obligations for your 
 kindness in sending me your review of the Budge case. I 
 have read it with very great interest, and fully concur in 
 your opinion that it was not a case of suicide. 
 
 Very truly yours, 
 
 T. G. WORMLEY. 
 
 My Dear Doctor, — Some one, you I suppose, sent me 
 your wonderful analysis of the Budge case. I read it with 
 the utmost care, and think you have made out a clear case. 
 As a physiologist, I can find no fault with your biological 
 criticism, which appears to me to be just and well founded. 
 Indeed, I am at a loss to understand how any one can or 
 could take any view of the case but that which you have 
 defended with a logic so convincing as to leave only room 
 for expressions of admiration on the part of any one fitted 
 to follow your argument. 
 
 You have added considerably to our knowledge of these 
 cases; and thus much, at least, of good has come of it. 
 
 With many thanks, I am very truly yours, 
 
 122G walnut street. S. WEIR MITCHELL. 
 
 Dr. Swinburne. 
 
 Nearly twenty years afterwards Budge is heard of in the 
 West, where he was in the ministry, and a great favorite 
 
MEDFOAL JUUISPRUDENCK. 211 
 
 "with certain young liidies." Here he was recognized l)y a 
 lady from Lowville, who disclosed the affair. liudge called 
 a meeting of tlie church to explain the matter. "The 
 explanation made the congregation believers in the crime," 
 wrote a prominent physician, "and he was forthwith dis- 
 missed. From there he went to Buchanan, and then to 
 Byron, O. Here," he writes, " comes in a sad picture. A 
 Dr. Parsons and his wife were members of the church, and 
 Budge went to visit them. He became more interested with 
 a daughter than with her sick mother. At this point a rumor 
 came that Budge had a wife in Canada. Dr. Parsons warned 
 Budge never to enter his house again. Mrs. Parsons died, 
 and Carrie, the daughter, became insane. They all believe 
 that distraction in love caused this melancholy result." This 
 moral evidence is a circumstance to strengthen the medical 
 position taken by Dr. Swinburne. 
 
 The positions assumed in these three novel, unprecedented, 
 and interesting cases, established him, in the judgment of 
 the legal and advanced medical profession, as among the 
 most reliable of medico-legal experts, and resulted in his 
 frequent calls to the witness-stand. Among the other cele- 
 brated cases in which he was made prominent was one where 
 the questions raised were entirely different from the cases 
 cited. 
 
 On the 5th of June, 1878, in Northumberland, Saratoga 
 Count3% Mrs. Jesse Billings was shot while sitting in front of 
 her window, and instantly killed, the ball being fired from 
 the outside, and passing through a pane of glass. She died 
 instantly from the effects of the bullet. The bullet entered 
 on the left side of the head, but did not pass entirely through 
 the skull. On the right side a wound was found over the 
 mastoid portion about two inches in length, undoubtedly, as 
 the experts believed, made by a piece of bone cutting its way 
 outwards. At the bottom of this wound, lodged in the upper 
 surface of the petrous portion where it joins the squamous, 
 lay the bullet. In its course, the ball had, in addition to pass- 
 ing through the glass, cut through the facia of the temporal 
 muscles, the superficial facia, and the skin. As the result of 
 
212 A TYPICAL AMERICAN". 
 
 the coroner's inquest, her husband, Jesse Billings, jun., was 
 arrested, and held to await the action of the grand jury, by 
 whom he was indicted. He was tried for the murder at the 
 October (1878) term of the oyer and terminer, the trial re- 
 sulting in a disagreement of the jur}^, the evidence being ex- 
 clusively circumstantial and expert testimony. Not being 
 fully satisfied with the autopsy first made, said an expert, in 
 a pamphlet reviewing the case, the people's counsel had the 
 body exhumed, and requested Dr. John Swinburne of Albany 
 to make a further examination of the head. The cause for 
 this act was the claim, on the part of the defence in the first 
 trial, that all the lead fired at the murdered woman was found 
 by the physicians holding the first autopsy, and the people 
 wished to know whether more lead did not remain in the 
 skull. Dr. Swinburne removed the head from the trunk, 
 taking only the bones of the skull, sawing through the ex- 
 ternal angular processes and the anterior roots of the zygo- 
 matic arches. After maceration the skull was cleaned, 
 careful search being made for any particles of lead (none, 
 however, being found), and the broken bones wired together. 
 The skull so prepared was put one side, and produced in 
 evidence at the second trial, which took place in April, 1880. 
 Two important points were raised ; i.e., as to the foot-marks 
 found leading from tha house to an old unused well, and 
 whether the shooting was done with an old Ballard carbine 
 found in the well, and which three witnesses swore they be- 
 lieved belonged to Billings, and that they believed it was the 
 same one that had been lying around his store, but which 
 could not be found until the officers drew it from the well. 
 The claim of the defence was, that the bullet was a smaller 
 ball than a "44," and its full weight less thaii two hundred 
 and twenty grains (about fifty-eight grains) ; that in conse- 
 quence the Ballard carbine could ]iot have been the gun from 
 which the shot was fired, for it not only called for a " 44 " 
 ball, but would throw a bullet with such force that it neces- 
 sarily must have gone entirely through the head ; and that 
 the weapon with which the wound was inflicted was a pistol. 
 One of the experts for the defence, Professor Jacob S. 
 
MKDHJAL .JURISPRUDENCE. 213 
 
 Moslicr of Alhanjs did, by actual incasurcmcnt, fix the size 
 of the ball. Dr. Mosher fomicl what he considered to be, 
 and swore to as, the ''lands and grooves," and so distinctly 
 that he could accurately measure them. Dr. Mosher did 
 thus measure, and, when announciuf^ the result, gave first of 
 all the l)all to bo of 36 or 38 caliber, but, on his attention 
 being called to errors in his calculations, corrected his state- 
 ment, and admitted the ball was a "44." Although Dr. 
 Mosher, later in tiie trial, again changed his mind as to size, 
 still his own careful measurement of the " lands and grooves " 
 he could so clearly point out, could only make the ball one 
 that was able to fit and be fired from the Ballard gun. 
 
 Among the expert witnesses for the people was Dr. Swin- 
 burne, who was on the stand a portion of two days. In his 
 testimony he contradicted the statement of Dr. Mosher, that 
 the excess of loss to a ball in any instance, in firing, would 
 be fifty-eight grains, and held that it would reach a hun- 
 dred and fifteen grains. He demonstrated this by experi- 
 ments in firing into a box of bones, and letting all the force 
 be expended therein. 
 
 The defence produced a skull upon which an experiment 
 had been tried, the Ballard carbine being the weapon used. 
 The description of this experiment from the testimony as 
 given by Dr. Mosher is, "With a gun which w^as furnished, 
 and understood to be the Ballard' gun, called by that name, a 
 cartridge was fired through glass into a head, and the scalp 
 and all the integuments as they were in life attached to the 
 trunk, and containing the brain, care being taken to throw 
 the ball as near as possible to the same place, on the left 
 side, as in the Billings skull," 
 
 He testified, that, "after firing, the ball was preserved, and 
 an examination made of the skull to see the kind of injury 
 that the ball had made in passing through it. It had passed 
 through both sides of the skull, and gone out of it, as a 44- 
 caliber ball with an ordinary charge always will.'' 
 
 Upon cross-examination, measurements of the bullet-holes 
 in the skull presented by Dr. Mosher, and in that of Mrs. 
 Billings, were made. These measurements brought out the 
 
214 A TYPICAL AMERICAN. 
 
 fact that the ball in the Billings skull entered its full size 
 lowe?', and nearer the meatus auditorius, than the otiier : or, 
 in other words, the Billings ball struck more squarely the 
 petrous portion ; Dr. Mosher's bullet going mainly through 
 the mastoid portion, merely touching the petrous where its 
 upper edge turns to join the squamous. By measurement, 
 the amount of bone traversed by the two bullets was found to 
 be two and three-eighths inches, scarcely touching the petrous 
 portion in the Billings skull, and less than one-half of an inch 
 in the other, or the skull presented by Dr. Mosher, and plough- 
 ing through the entire petrous portion of the temple on the 
 one side, and through a portion on the other, thus accounting 
 for the large loss in the ball. 
 
 Mr. Leet of the Union Metallic Cartridge Company testi- 
 fied to the shell taken from the carbine, and the ball taken 
 from Mrs. Billings's head, as, in his opinion, being of the 
 character referred to. Mr. Leet could not find upon the ball 
 the "lands and grooves," or the marks of the rifling of the 
 gun, but, from other characteristics, was positive the ball was 
 a "44 long." 
 
 Mr. Hepburn of the Remington Rifle-Works at Ilion, N.Y., 
 testified that he, also, believed the ball a "44." He could 
 not find the lands and grooves ; but the heel of the ball, and 
 the lines and scratches upon it, showing a left-handed twist 
 to the barrel from which it was fired, served, in his opinion 
 to draw the ball taken from Mrs. Billings's head into the 
 Billings carbine, for this left-handed twist is peculiar to this 
 make of rifles. 
 
 The experts for the defence testified that the ball from the 
 carbine could not be the one with which the wound was 
 made, as it was larger than the hole in the window. On this 
 discrepancy, and that in the testimony as to the foot-marks, 
 the prisoner was acquitted. 
 
 As an addition to this trial, George W. Jones, one of the 
 witnesses for the defence, was convicted of perjury in the 
 following March, in having sworn falsely in the trial of Jesse 
 Billings, jun., for the murder of his wife. 
 
 Judge Westbrook, in charging the jury in the trial of John 
 
MEDICAL JURISPRUDENCE. 215 
 
 Hughes for the iniirfhjr of VVilliiiin J. Iliidley, an attoniey-at- 
 law ill Alhaiiy, tried at the March (1880) term of the oyer 
 and terminer^ said, — 
 
 " After receiving tliese injuries at tlio hands of the prisoner, 
 which are not denied, and which tlie counsel for th(! defence, 
 both in o[)ening and ch>sing, admit U) liave been inflicted, the 
 deceased was attended by two eminent [jjiysicians of this city, 
 Dr. Swinburne and another. I use the word 'eminent,' be- 
 cause I mean precisely what I say. No person who heard 
 those two j)hysicians upon the stand give tlieir evidence, and 
 who noted their intelligence and their knowledge of their 
 profession, could fail to see they were men of eminence and 
 mark in their profession and calling. They did for him, they 
 say, all that was in their power to do. Mr. Iladley was much 
 depressed. They gave him all the nourishment they could 
 administer, in every form and shape; but he grew weaker 
 and weaker, and on the twenty-first day of A\)V\\ departed 
 this life. The body was examined after death by Dr. Swin- 
 burne, in the presence of some of his assistants. The post- 
 mortem revealed the fact that not only were those wounds 
 upon his person, of which I have spoken, — the one upon the 
 breast reaching backwards and downwards to the extent of 
 some inches, and the one upon the arm going through and 
 through the arm, — but the seventh rib was separated from 
 the cartilage, and had dropped down. The eighth, ninth, 
 and tenth ribs were also partially loosened, not, as the doc- 
 tors say, by cutting, but by the force of the blow that had 
 been given, or by the force of some blow upon the person of 
 Mr. Hadley. I said by the force of the blow given, because 
 there is no proof, so far as I can remember (and if I am 
 wrong, your recollection will correct me), of any other blow 
 having been given which could have produced that result. 
 Abscesses had formed in the arm ; and the muscles of the 
 arm, in the language of the physicians, had 'rotted away.' 
 There were also abscesses in the side, showing a most un- 
 healthy condition of the system. Those doctors who were 
 with him from the time of the occurrence down to the 
 close of his life say to you unhesitatingly that those wounds 
 were the cause of his death." 
 
 Hughes was convicted of murder in the second degree, and 
 sentenced to imprisonment in Clinton State Prison for life. 
 
 Nearly twenty-five years ago a newsboy was passing down 
 Maiden Lane, when he was struck by a wagon belonging to 
 
216 A TYPICAL AMERICAN. 
 
 an express company; and afterwards his parents, through 
 the law firm of Hill, Cagger, & Porter, brought an action for 
 damages, claiming that the wheel had passed over and injured 
 him. Several witnesses, employees of the company, swore to 
 seeing the wheel pass over him. Dr. Swinbuine as an expert, 
 he having attended the boy, was placed on the stand, and 
 testified that the wheel did not pass over him ; that, so far as 
 the witnesses were concerned, it was an optical delusion ; that 
 with a wagon weighing over six tons, the weight being equal- 
 ly proportioned, if one wheel passed over him as described, 
 even if the wagon were in a state of inertia, the weight was 
 sufficient to crush him in two, but where the wagon was in 
 motion, as in this instance, the power would be increased, as 
 in the case of a cannon-ball fired from a cannon. He held 
 that, the planks being slippery, the boy was struck by the 
 wheel and suddenly thrown around, and that the only damage 
 sustained was the pain from a bruise on the side, and loss of 
 time. On this testimony, the jury gave a verdict for nominal 
 damages. For this testimony, Mr. Porter for a long time 
 entertained unpleasant feelings to Dr. Swinburne, but sub- 
 sequently was interested in a case where an inquisition was 
 being held as to the cause of a death in East Albany, 
 where his client was charged with murder. This case was 
 where a man was struck by another, and, falling, was killed. 
 The doctor testified that the fatal wound was caused by the 
 man, in falling, hitting the axle of his head on the flange of 
 a rail. After the discharge of the man, Mr. Porter said, 
 " Doctor, I did not dare to ask you a question. You are right 
 this time, and, in thinking over the other case, I am satisfied 
 your conclusions were reasonable, and that you were right 
 then." 
 
 In January, 1878, Asher B. Covill was tried before Judge 
 Potter at Elizabethtown, Essex County, for the murder of his 
 wife near Ticonderoga. At first he claimed that parties had 
 forcibly entered his house, and killed his wife, but subse- 
 quently confessed that he murdered her, and that the blow 
 was struck with a large wooden club. On the trial the ques- 
 tion w^as raised as to insanity, and, at the suggestion of the 
 
MEDICAIi .JdUISIMtUDICNCE. 217 
 
 judge, Dr. Swinhiinic was consulted. Tlio ciiso wa.s laid 
 clearly before the doctor, who knew nothing of I he man nor 
 his antecedents. From ii descri[)tion of the man's life and 
 metliods of living, remaining away from his wife for months 
 at a time, the doctor said he was neither insane nor demented, 
 as he never had a mind to lose, but that he was an idiot, 
 more fitted for an asylum than a prison. The next day he 
 visited the prisoner; and, in presence of the jailf.T, the man 
 stated that he had been guilty of the unnatural acts on whicli 
 the doctor had based his hypothesis. On the doctor's recom- 
 mendation, the judge and counsel allowed him to withdraw 
 his plea, and plead guilty to murder in the second degree, 
 and he was sentenced to the Clinton State Prison for life. 
 The man had been prominent in the church, and loud in his 
 protestations of religion, and, because of this and the amiable 
 disposition of his wife, the feeling against him was intense; 
 and great indignation was expressed toward the doctor for 
 his recommendation and interposition, the foreman and other 
 members of the jury participating in this feeling. To all 
 these the doctor merely replied, '' You will thank me some 
 day for saving you from committing an act you would after- 
 wards regret." Here again he proved his superiority, as it 
 was afterwards learned that some of the prisoner's relations 
 had been insane, while others were idiots. 
 
 Dr. Swinburne has been an expert in all the most notable 
 cases tried in this portion of the State, where questions arose 
 which could only be decided by men versed in medical juris- 
 prudence. 
 
 In no criminal proceedings where he has appeared as an 
 expert has he ever charged or received a fee, holding, that, if 
 his services were of value in ferreting out crime, it was a duty 
 he, as a citizen, owed the State and society ; while, on the 
 other hand, if he appeared for an accused, he believed he was 
 correct in his conclusion, and owed this duty to innocence. 
 On no other considerations would he appear. 
 
 In 1870, he, with two lawyers, were appointed in Xew York 
 as referees, to whom were submitted the case of Walsh 
 against Sayre, which has become quite noted, and quoted in 
 
218 A TYPICAL AMERICAN. 
 
 the law-books. The case was an action for damages, in which 
 it was alleged the hip-joint of the plaintiff, from which secre- 
 tions issued, had been opened by defendant, and a permanent 
 injury to plaintiff sustained. The case had been up two 
 or three times in the courts; but, owing to the intricate 
 question arising, which could only be intelligent!}^ settled by 
 a medical man of known ability, this reference was made. 
 Before the referees, two of the most prominent surgeons of 
 New York testified that twenty-four hours after the alleged 
 operation they found indications that positively demonstrated 
 that the secretions they then found came from the hip-joint. 
 Under the questioning of Dr. Swiuburne, they admitted that 
 they had not examined the wound, either by jjrobing or other- 
 wise, except by putting the hand under the clothing. They 
 held in their testimony, that, because the secretion was adhe- 
 sive and sticky, they were enabled to say conclusively that it 
 came from the hip-joint. Subsequently these two scientific 
 experts were compelled to admit that there were a number 
 of other secretions corresponding in test with this secretion, 
 and hence were forced to withdraw their first decision, and 
 confess it might arise from scrofula or some other cause, 
 and that even the blood or serum itself was as sticky as this 
 secretion. Notwithstanding the testimony of these men, the 
 hip-joint itself at the time of the trial, about three years after- 
 wards, was found in a healthy condition; but the discharge 
 still continued from the alleged as well as other spontaneous 
 openings. In this action Mr. Edwin James, a former queen's 
 counsel and member of the British House of Parliament, was 
 counsel for the plaintiff, and Hon. Ira Shaffer for defendant. 
 Mr. James indignantly withdrew from the case because Dr. 
 Swinburne, as one of the referees, questioned the expert testi- 
 mony for the plaintiff. The referees, in their decision, ren- 
 dered in favor of Dr. Sayer, on the ground that the joint was 
 not opened. In this case Dr. Swinburne refused to charge 
 any fee for the time occupied in this suit, because it was a 
 case in which a poor family and one of the medical profession 
 were the parties litigant. Mr. James in this suit claimed 
 that the doctor had no right to question the deductions of the 
 
MEDICAL JURISPRUDENCE. 211i 
 
 experts, und was hoiuid to accept tlicir conclusions on tlio 
 questions presented. The doctor niaintaincd that, as a rei- 
 eree to decide the points in litigation, he had a right to know 
 why the experts arrived at the conclusion they announced. 
 He knew some of them were erroneous, and that, if there 
 was union in the first intention, there could be no inflamma- 
 tion, and hence no discharges, within forty-eight hours. It 
 was charged that, as soon as the cut was made, the flow 
 commenced, and continued. The doctor maintained that, if 
 the tissues cut were healthy, no flow would take place, and 
 if there was secretion, it must have been caused by an ab- 
 scess, or some other gathering. 
 
 In no instance has he ever appeared in court as a witness 
 for the jjurpose of injuring the standing of his professional 
 brethren, but only testifying to what he knew affecting the 
 cases before him. An instance of his testimony in cases 
 wheie professional men were sued for malpractice was cited 
 to the writer a few days since by Mr. I. M. Lawson, a promi- 
 nent attorney in the city of Albany. Mr. Lawson said, — 
 
 " I had a case recently, and had Dr. Swinburne as my 
 witness, and he lost the case for me. A woman out in the 
 country sustained a fracture, and was treated by a physician 
 who made a bad job, resulting in a deformit}', and loss of the 
 use of the limb. The doctor demonstrated where the treat- 
 ment was a failure, and why there was no excuse (scientifi- 
 cally) for the failure. When questioned by the other side, he 
 said the physician was not responsible ; that no man could be 
 held responsible for what he did not know ; that the ph3'sician 
 had treated according to the teachings of the books and col- 
 leges ; and that the colleges, and not the man, should be held 
 responsible for the false doctrine they were teaching." 
 
 Mr. Lawson added, — 
 
 "I tried to convince the court and jury that physicians, 
 like railroad companies, should be held responsible for all 
 damages resulting, if they did not avail themselves of the most 
 modern and best systems of protection to life and limb. It 
 is surprising the success the doctor has met with. He is a 
 remarkable man ; and it is unaccountable why the profession 
 are not compelled to accept his system, evidently so superior 
 to the others." 
 
220 A TYPICAL AMERICAN. 
 
 The next important case in which Dr. Swinburne appeared 
 as a medical expert was in the matter of Col. Walton 
 Dwight, whose death occurred at Binghamton, Nov. 15, 1878. 
 This gentleman was reported quite rich, his estate being 
 mostl}' in short-term insurance policies, aggregating over 
 two hundred and fift}'- thousand dollars. On the 18th Dr. 
 Francis Delafield of New York, representing the Equitable 
 Life-Assurance Company, made an autopsy of the remains in 
 the presence of Dr. Swinburne and thirteen other physi- 
 cians. He held that, as a result of this autopsy, there was 
 no evidence of the action of any irritant poison, although the 
 conditions of the stomach and intestines did not exclude the 
 possibility of such poison existing ; that there existed chronic 
 inflammation of the stomach, but an absence of acute inflam- 
 mation ; that there was no evidence of the existence of malarial 
 poisoning ; that the immediate cause of death was paralysis 
 of the heart; that there was no evidence of the existence of 
 mineral poisoning ; and that neither the medical history of the 
 case, nor the autopsy, gave evidence of the existence of any 
 but natural causes of death. 
 
 Dr. Swinburne was present by request, and acting for 
 Professor Charles H. Porter, who represented the Union 
 Mutual Life-Insurance Company of Maine. Dr. Swinburne 
 held that the autopsy was too hurriedly made, and that, 
 instead of a few hours, two days at least should have been 
 taken in an important case like this, where the question 
 probably was at stake as to whether it was murder, suicide, 
 or natural death. In a case like this, he insisted, the people 
 have a right to demand a most careful and perfect investi- 
 gation. He held that the autopsy did not account for the 
 death of the person on whose body it was made from natural 
 causes, but, so far as it disclosed a point of death, he believed 
 the person did not die of malarial fever, congestive chills, 
 paralysis of the heart, nor any disease, but, on the contary, by 
 unlawful means. At this inquest he called the attention of 
 those present to an indentation running around the neck, in 
 which all present concurred. The views of Dr. Swinburne 
 were concurred in by Dr. B. F. Sherman of Ogdensburg, St. 
 Lawrence County. 
 
MEDICAL .lURISPRUDENCE. 221 
 
 Because of these dctluctions of Dr. Swinl)iiriie, ;iii<] a state- 
 ment by W. F. Winship of Alljany, — wlio Ijclieved C'ol. 
 Dwiglit coiimiitted wilful suicide, and who deposed that, on 
 Yisiting Col. D wight before ids death, he (Winship) had Ids 
 suspicions aroused that Col. Dwight was committing suicide 
 by slow poison, and that he so informed the colonel's wife, — 
 the companies issuing the policies, with one exception, re- 
 fused to settle, and demanded another autopsy and coroner's 
 inquest, which commenced on April 23, 1879. 
 
 At the second inquest, Drs. Burr and Orton, wlio had at- 
 tended Dwight during his illness, gave as their opinion 
 from the autopsy and post-mortem, that death was from con- 
 gestive chills resulting from malarial fever contracted while 
 on a visit West. 
 
 Dr. Swinburne's deductions, noting the heavy indentation 
 around the neck, and from the iJOHt-mortp.m, were, that the 
 person on whom the autopsy Avas held died from asphyxia, 
 and that asphyxia was induced by a cord or fillet around his 
 neck, and thought the cord was drawn moderate!}'' around 
 the neck. There are other forms, he held, of asphyxia, but 
 this seems the most probable. In a state of stupidity from 
 drunkenness or from opiates, a wet cloth over the mouth 
 and nose would produce the same result, and about the same 
 post-mortem conditions. The heavy indentation noted and 
 described by Dr. Swinburne in the neck commenced just on 
 the right side, about the point where the os hyoides is 
 attached to the thyroid cartilage, and extending upwards and 
 backwards around to the back of the neck at an anfjle of 
 forty-five degrees ; and it was an indentation that he could 
 put his right thumb in, and was about that size as if made 
 with a curtain cord. 
 
 At the second autopsy, and in the actions following in the 
 Supreme Court, the doctor maintained that the coroner's 
 report was not as originally made, and that, although the sig- 
 natures were maintained, pages in which changes and sugges- 
 tions were interlined were extracted, and others substituted 
 without these interlinings. In the report of the first autopsy 
 it was stated, — 
 
222 A TYPICAL AMERICAN. 
 
 "Dr. Swinburne notes a heavy indentation extending up- 
 wards and backwards from the os ht/oides to right around back 
 of neck, and on left side below the thyroid cartilage, running 
 upwards and backwards at an angle of about forty-five de- 
 grees. Drs. Swinburne and Ayre think this is caused by the 
 bending of the head and neck backwards." 
 
 This statement, the doctor insisted, was garbled ; that he 
 certainly never gave an opinion as to the cause ; and, if that 
 was put in afterwards, it was interlined or interlarded, and 
 will be so found in the original copy ; but, if it was done at 
 all, it was done after reading. Dr. S. Burr, who kept the 
 record, in explanation said Dr. Ayre first spoke of it (the 
 opinion) ; and then he saw Dr. Ayre talking with Dr. Swin- 
 burne, who nodded his head ; and then he (Burr) put in the 
 opinion. 
 
 Among the peculiar indications found by Dr. Swinburne 
 was, that, upon opening the chest, the lungs were found to be 
 congested, inflated, and apoplectic ; so much so, that they 
 would not collapse when opened. These congestions were 
 found to extend from the lungs up to the larynx and trachea, 
 some of the parts more congested than others. Upon a care- 
 ful examination, the windpipe, larynx, and trachea were 
 found to be lined and filled with a thick, tenacious mucus, 
 and the membranes reddened, congested, and full of mucus. 
 Notwithstanding this condition of the lungs, trachea, and 
 larynx, a witness, Charles A. Hull, a law3'er, who was watch- 
 ing with the deceased, swore that less than ten minutes before 
 Dwight died, and he did not seem to manifest immediate 
 danger, he said he had a new way of eating crackers, and, 
 as he spoke, reached over and took one. This was a curious 
 condition to reconcile in pathology, as it would be an impos- 
 sibility for this mucus to gather in that time. 
 
 In answer to a question by the coroner, Dr. Swinburne 
 said, — 
 
 "I don't believe a healthy person ever died of a chill. 
 Mark what I say, I don't believe a person ever died in a 
 congestive chill which was cauglit here or in Chicago, as you 
 put it yesterday. 1 mean a healthy person. They may have 
 
MEDIC A I. .JUHISPRUDENCK. 223 
 
 complications of disease ; but take a hoaltiiy person, shown 
 to be liealtliy, like Col. Dwight, both ante mortem and pont 
 mortem, as stated by a great many physicians, now pro- 
 nounced healthy by the post-mortem by all — I say a person 
 absolutely healthy like that never dies from ordinary ague 
 chills such as you get from Chicago, because they have not 
 had ague at Chicago for jnany years." 
 
 He held that if a man is specially ill, he has a pulse and 
 heat different from what he would have if he were well. 
 Aside from the times, he said that he had what they claimed 
 as these chills. He was never sick, excepting that he had 
 from time to time a sort of bilious vomiting; but that you 
 may regard as not peculiar, when you take into consideration 
 the fact that the post-mortem examination showed Dwight had 
 chronic inflammation of the stomach. As physicians (the 
 jury was composed- of physicians), you know perfectly well 
 what that means : no man gets chronic inflammation with- 
 out he has first had acute inflammation, and no man gets 
 acute inflammation unless he has taken some narcotic or nar- 
 cotic acid. Inflammation of the stomach is not an idiopathic 
 disease. 
 
 Dr. Benjamin F. Sherman of Ogdensburg agreed with Dr. 
 Swinburne. He had been coroner of St. Lawrence County 
 for a number of years, and believed Col. Dwight came to his 
 death from asphyxia from a rope around his neck. 
 
 Dr. Elisha A. Bridges of Ogdensburg believed the person 
 on whose body they held the examination came to his death 
 from asphj'xia, and that the cause was strangulation with a 
 cord or rope around the neck. 
 
 The verdict in this second post-mortem inquest was death 
 from inanition and congestive chills, upsetting completely 
 Dr. Delafield's theorj^ The investigation and excitement 
 attending this trial was intensified because of the nature 
 of the will, in which, in addition to providing for his rela- 
 tives and a number of individuals, bequests were made to 
 the four churches of Binghamton for Sunday schools, to the 
 press of that city for annual dinners, for the needy poor of 
 the cit}^ to the Binghamton Library Association, and to the 
 fire department of Binghamton. 
 
224 A TYPICAL AMERICAN. 
 
 During the trial of the suit for the recovery of the policies, 
 the theory that a man could commit suicide by hanging him- 
 self while lying in bed, as advanced by Dr. Swinburne, was 
 ridiculed by man}^ of the professional men, and declared an 
 impossibilit3\ Notwithstanding this opinion of these con- 
 ceited medical savants, the coroner of Broome County, Dr. 
 Johnson, afterwards had two cases of suicide by this method 
 in the jail at Binghamton ; the men tying the cord or sheet 
 to the bedpost, and then pressing down in the bed. 
 
 In commenting on this case, the Albany " Press and Knick- 
 erbocker " said, — 
 
 " Drs. Burr and Orton, from the first post-mortem, concluded 
 that Dwight died of malarial and congestive chills, but, from 
 the two post-mortem examinations, they concluded there was 
 no cause of natural death. . . . Dr. Delafield, in his report 
 from notes of the fir^t post-mortem, stated that Dwight did 
 not die from malarial fever and congestive chills, but from 
 paralysis or syncope of the heart. ... It seems pertinent to 
 ask just here, Could a man die of congestive chills from mala- 
 rial fever, with a man sitting only a few feet distant, and yet 
 that watcher not know that he was suffering from a chill un- 
 til the sick man was discovered dying ? The papers seem to 
 suppose that, if a cord were used there in any manner for 
 the purpose of hanging Col. Dwight, after he was dead he 
 must have come to life, and taken the rope off and destroyed 
 it. The theory of Dr. Swinburne is fast gaining ground as 
 the correct one, that the gelsemium produced the congestive 
 chills described in the case of Dwight." 
 
 In reference to the exhumation Sind post-mortem, the " New- 
 Yoik Herald's" correspondent said, — 
 
 " While the doctors were gazing uninterestedly at the 
 corpse, Dr. Swinburne approached the head, and, pointing 
 with his finger at the neck, said, 'I wish you to take notice 
 of that indentation around the neck : it is very peculiar. You 
 see here it is deep, and it runs at an angle of about forty-five 
 degrees.' Dr. Burr ran his finger in the furrow, and said, 
 ' Yes, there is an indentation, and it runs around to the back 
 of the neck.' Dr. Bridges, one of the medical experts, wrote 
 the folhnving description : ' An indentation of the neck well 
 marked ; left side, beginning over hyoid bone, extending 
 at angle of forty-five degrees to back of neck; right side, ex- 
 
MEDICAL .JllUISPRUDENCE. 225 
 
 tending as contiiuiatioii of tliis, a little lower down ; looks as 
 though made by a clothes-line; indentation one-eighth to one- 
 quarter of an inch deep, and one-fourth to one-half an inch 
 wide.' 
 
 " Dr. Swinhui'iie said he desired a plaster cast of the neck. 
 The coroner ])erniitLed this to he done, and an excellent rep- 
 resentation of tiie fui'row was obtained. The ' Herald ' repre- 
 sentative inquired of several doctors j)resent what was the 
 theory of the men who brought about these proceedings. 
 They replied that the evidence pointed to the fact that Col. 
 Dwight either hanged himself or was strangled to death. 
 They expect that the plaster cast, in connection with the facta 
 adduced at the autopsy, will establish this. Tlie ' indenta- 
 tion ' alluded to is very apparent, and looks as if it had been 
 made with a rope. It seems strange that the fifteen doctors 
 who made the autopsy should have paid so little attention to 
 this, which is apparently of such vast importance now. Wax 
 impressions of the teeth were taken, a portion of the spinal 
 marrow removed, and the old wound in the left tiiigh ex- 
 plored. The body was then, in its terribly mutilated con- 
 dition, returned to the casket, and the coroner adjourned the 
 inquest. 
 
 " Dr. Swinburne said to a reporter, ' This inquest has only 
 confirmed what I saw before at the autopsy. There was every 
 evidence that the man died from asphyxia. His lungs were 
 full of blood, and his heart was nearlv empty. Tliis fact 
 shows that the air was shut off from the lungs before the man 
 died; and the heart, as in cases of suicidal hanging, continued 
 its action, and pumped the lungs full. His doctors said that 
 Dwight died of congestive chills. There is not a case re- 
 corded in which death has occurred from congestive chills in 
 this latitude. Besides, the phj'sicians reported on the day he 
 died that his pulse was normal, and that no fever existed. 
 Dr. Delafield gave it as his opinion that Dwight died of 
 paralysis of the heart. The autopsy showed that the heart 
 was nearly empty. If the heart had been paralyzed, it would 
 have been normally full of blood. Instead of that, it con- 
 tained but little fluid blood. My belief is, and this inquest 
 will show, that Col. Dwight came to his death by asphyxia. 
 If this inquest is fairly conducted, and the coroner permits a 
 full inquiry, this fact will be demonstrated.' " 
 
 The case is still in litigation before the courts ; the lega- 
 tees of Dwight simply proving death, and throwing the bur- 
 den of proving cause on the insurance companies. 
 
CHAPTER XV. 
 
 PRAISED AND SLANDERED, 
 
 A Brigadier-General and Baltimore Editor. —Driving the Surgeons with a 
 Cocked Pistol. — Master of Surgery. — None More "Worthy a Soldier's Grat- 
 itude. — What Senator McArthur knew. — Bloodiest Pictures in the Book. — 
 Blood-stained Hands. — Base Libels and a Pseudo-Reformer. 
 
 In civil life Dr. Swinburne was as outspoken in condemning 
 corruption in local, state, or national government as in mili- 
 tary ; and having the entire confidence of his fellow-citizens, 
 they looked to him as the physician and surgeon who would 
 cure their political ills, and apply the knife' to the rottenness 
 that was infecting the whole body« politic, and rout out the 
 disordered members. Of course, this invoked the hatred of 
 his enemies, and involved the doctor in some lively controver- 
 sies, in which he rose still higher in the minds of the people, 
 and brought to his support many of his old comrades in the 
 civil war, who were ready to defend him against his calum- 
 niators. From all parts of the State came letters praising 
 the patriotic doctor. 
 
 John Meredith Read, formerly United-States consul-gener- 
 al to France and Algeria, and acting German consul-general, 
 and for six years United-States minister to Greece, writes 
 under date of March last (1885), to a friend, — 
 
 " Dear Sir, — You have referred to my services as con- 
 sul-general of the United States, and acting German con- 
 sul-general in France, during the Franco-German war, and 
 particularly to the period when I was shut up iu Paris dur- 
 ing the siege and the commune. 
 
 " Among my most interesting recollections of the siege are 
 those connected with the American ambulance, and espe- 
 cially with its distinguished head, Dr. John Swinburne, who 
 in genius, common sense, executive talents, and the practical 
 success of his theories, surpassed the greatest surgical lights 
 
PRAISED AND SLANDERED. 227 
 
 assembled in the b(3leapfuere(l cupiLiil. Dr. Swinburne at that 
 time revohitiunized sur^^ery ii\ l^'i-anue to such a (le.;ree, that 
 the maimed and wounded French oflicer.s and soldiers inva- 
 riably befi^<^ed to be carried to him in preference to their own 
 ambulances. The wounded German prisoners were erinally 
 outs[)oken. His unpiiralUihKl success in the treatment of tiie 
 most dilTicult and dauq-erous cases ius[)ired an unwavering 
 faith in his judgment, while his uniform kindness implanted 
 an affectionate respect in the hearts of the distressed. 
 
 " Dr. Swinburne's work in Paris placed him in the list of 
 international benefactors.'' 
 
 Le Docteur W. S. Mosetig, prqfesseur de chirurgie agr^gS 
 d la facultS de Vienne (^Autnche^, and who was in charge, 
 under Baron Larry, of the Austrian ambulance in Paris dur- 
 ing the siege, wrote from Vienna to Dr. Swinburne, as the 
 latter was about to leave Paris, — 
 
 "I thank you very much for your amiable letter, and for 
 your kind promise of sending to me some photographs of 
 several interesting cases of your ambulance in Paris. I will 
 accept them with the greatest pleasure. As I do not know 
 our consul in Milan, I beg you to send directly by the post 
 the photographs, to the care of my address. I mentioned 
 your model ambulance in my general report, and will espe- 
 cially write of your excellent surgery. 
 
 " I am sorry j^ou are not passing Vienna. Be so kind as to 
 accept, with my friendly compliments, my photograph as a 
 token of mine, and as a remembrance of the good time we 
 passed last winter in Paris. 
 
 " Excuse my bad writing, and be assured of my greatest 
 esteem." 
 
 On a visit to the American ambulance, Professor Mustig 
 ■wrote on the register, "We have the best ambulance in Paris, 
 but 3-ours is better than ours." 
 
 Before leaving Paris, Dr. Swinburne applied to J. Marion 
 Sims for letters of introduction to some of the leading physi- 
 cians and surgeons of England. Dr. Sims, who inaugurated 
 the Woman's Hospital in New York, of whom the American 
 profession may justly feel proud, had by his skill, and the 
 practice of the same conservative surgerj" practised by Dr. 
 Swinburne prior to the war, won a place among the highest 
 
228 A TYPICAL AMERICAN. 
 
 in his profession in Europe. He replied, " You require no 
 introductor}'' letters in Europe, your fame is too well known : 
 all that is required is to announce your name, and you will 
 be gladly received." He, however, gave him letters, as re- 
 quested, the substance of a few of which is appended. He 
 wrote, — 
 
 "To Sir Henry Thompson. 
 
 "This will introduce my friend, Dr. John Swinburne of 
 New York, late surgeon-in- chief of the American ambulance 
 at Paris, and one of our most distinguished surgeons. I hope 
 you will be able to show him sometlxing of your marvellous 
 operations." 
 
 "To Spencer Wells. 
 
 "This will introduce my friend, Dr. John Swinburne of 
 New York. No man in America stands higher as a surgeon. 
 He was in Paris during the siege as surgeon-in-chief of the 
 American ambulance, where he rendered, as you well know, 
 great service. I hope you will have something to show him 
 during his brief sojourn in London." 
 
 "To Barnard Holt. 
 
 "Allow me to introduce my friend. Dr. Swinburne of New 
 York, one of our most eminent surgeons, and lately surgeon- 
 in-chief of the American ambulance in Paris. I am sure it 
 will give you plea>ure to show the doctor some of your 
 peculiar ojDeratious during his short stay in London." 
 
 " To Earnest Hart. 
 
 "Of course, you know all about my friend, Dr. Swinburne, 
 lately suigeon-in-chief of the American ambulance, and one 
 of the most distinguished surgeons in Paris. He will remain, 
 perhaps, a month in London. Let me beg you as a personal 
 favor to place the doctor in proper relations with such of our 
 brethren as he would like to meet." 
 
 Dr. Sims was the only other surgeon engaged in the war, 
 besides Dr. Swinburne, on whom the French Government 
 conferred the distinction of knight of the Legion of Honor. 
 In 1876, four years after Dr. Swinburne's return to Albany 
 from Europe, he had a controversy with the faculty of the 
 Albany Medical College because of his charging malpractice 
 in a case attended by one of the faculty, which resulted in 
 
PRAISKI) AND SLANDERED. 229 
 
 the abolishing of liis (iliiiii- in tho re-organizafion. Tlie rcfiort 
 of this act reached Europe; and koom after he was invited, 
 throiigli Dr. Sims, to go to London and teach the surgeons of 
 that scientific metropolis of the worhl how to treat injuries. 
 Two colhfges in New York tendered him chairs, and he was 
 also invited to New York to treat fractures in St. Vincent's 
 Hospital. The Englisli surgeons in this instance were like 
 the English judge, who, on hearing one of the bar before him 
 cite the opiiuons of an American jurist, the late Charles 
 Sumner, interrupted the counsellor to ask if tliat was the Mr. 
 Sumner who had visitad this country (England). On being 
 answered in the affirmative, the judge added, "We will 
 think none the less of the opinion because we have seen and 
 know the man." 
 
 Without question, the highest compliment ever paid to 
 the skill of any American surgeon, and to his ennobling char- 
 acteristics as a man, is contained in a letter from Felix Agnus, 
 late brigadier-general, and now editor of the " Baltimore 
 American," written to a gentleman in Albany. He says, — 
 
 "It was the close of the day, June 27, 1862, and the sec- 
 ond day of the seven-days' fight before Richmond. The 
 fight had been hotly contested at Gaines's ]Mills witli terrible 
 effect to our arms. My regiment, the fifth IS'ew-York 
 (Duryea Zouaves), as history shows, shared the brunt of the 
 many charges and counter-charges. Near evening I was hit 
 by a rebel sharp-shooter, the ball entering my right breast, 
 ricochetting to the right shoulder, which it completeh' shat- 
 tered. As a consequence, I was entirely disabled. Com- 
 rades carried me from the field to the hospital at Savage 
 Station, where already the dead and dying were forming a 
 large army. I was handled as tenderly as was possible under 
 the circumstances, and placed in a tent with other officers of 
 my regiment. The comrade to my left was dead, and the 
 one to my right was slowly breathing his last. The terrible 
 sight, together with the recollection of the fight, the recent 
 death of so many valued friends, and the realization of my 
 own almost mortal wound, made me feel that m}* end was 
 near at hand. I was scarcely twenty-one, but had risen from 
 the ranks to the position of lieutenant in a little more than a 
 year. I was proud of my profession, and, Avith the feelings 
 natural to a young officer in those stirring times, I felt that 
 if I must die, I would hope to do so with my clothes on. 
 
230 A TYPICAL AMERTCAN. 
 
 " While brooding over my situation, a young and inexpe- 
 rienced assistant surgeon came to examine my wound. He 
 did so very carefully. He then asked if I had any friends 
 to communicate witli. I at once inferred that the case was 
 hopeless. 1 dictated a letter to the dear ones at home, and 
 then begged and pleaded that my arm should not be cut off, 
 feeling sure that if it was done my life was lost. He disre- 
 garded my request. Other young students gathered around, 
 and they all agreed that the case was too good a one to fore- 
 go the operation. Weak as I was, the thought of my body 
 being used to practise upon, moved me to desperation ; and 
 when they returned, with their instruments and assistants, to 
 sever the much-valued arm, a pistol was pointed at them with 
 the warning that they had better keep away if they valued 
 their lives. I well remember with what haste they vacated 
 the tent; for they saw that the hammer was cocked, and that 
 I was terribly in earnest. I have never regretted my action, 
 for it proved the saving of my life. I was at once reported 
 to the medical director, who proved to be none other than 
 your worthy and distinguished fellow-citizen. Dr. John Swin- 
 burne. He came to me in a kindly and cheerful manner, and 
 assured me that no harm should be done. He examined my 
 wound, and assured me that he could save my arm and my life. 
 I could not mistrust his honest face, and I at once placed my- 
 self under his care. That night, by candle-light, one of the 
 most skilful operations ever performed, up to that time, was 
 successfully perfoi-med on me. Dr. Swinburne, after making 
 a cross-like incision of from six to eight inches long, and 
 after turning the flesh over, cai'efully sawed off my entire 
 right-shoulder joint and about four inches of the right-arm 
 bone, leaving nothing but the muscle. His prediction came 
 true. I recovered, and to-day I feel that I owe my life and 
 my arm, which is still sound and useful, to this master of 
 surgery. 
 
 " From this time began my acquaintance with a man who 
 not only showed his great eminence in a great profession, 
 but whom I, as well as every other soldier who knew him, 
 have held in the highest admiration for his many noble quali- 
 ties of head and heart. During my convalescence of four 
 months, I grew to know him well, and there is no one I ever 
 met during the whole war whom I consider more worthy of 
 a soldier's gratitude and esteem. He is every inch a man, 
 and ins work in the brave struggle of brave men for the 
 preservation of the Union entitles him to every iota of credit 
 and honor and heroism that soldiers win who carry the 
 musket and wield the sabre. 
 
I'RAISKI) AND SLANDKRBD. 231 
 
 "To sliow you the vi^or and power of that same arm, I 
 subscribe myself, 
 
 Yours very truly, 
 
 FELIX AGNUS, 
 
 Late Brigadier- General U.S.V. 
 
 The chirography of this letter is in an off-hand style; and 
 if it were equalled by one-tenth the editorial writers of the 
 press, it would bring joy, if not to the angels of heaven, 
 to the newspaper printers in the upper floors of our daily 
 newspaper-press establishments. 
 
 Of a case somewhat similar to this one quoted, the gentle- 
 man upon whom the operation Avas performed, in grateful 
 remembrance, wrote several years afterwards to Dr. Swin- 
 burne from Batavia, N.Y., as follows : — 
 
 Dr. Swinburne, Albany, N.Y. 
 
 Dear Sir, — It has been many years since we met; and 
 time, which makes so man}^ changes, has perhaps driven me 
 from your memory, but I have reason to remember you. I 
 left the army in 1870, and entered the Medical College at 
 Washington, and am now one of the knights of the scalpel, 
 plying my vocation upon any miserable sinner who may 
 favor me with a call. I am now visiting my good mother at 
 this place, and shall remain until after the election, when 1 
 shall return to Washington. Should you still be residing in 
 Albany, and would care to see one of 3'our first " conserva- 
 tive surgical" patients, will do myself the honor to call on 
 my way to New York, en route for Washington. I don't 
 think you would know me, for ten years has made a great 
 change. I think I would recognize both yourself and Mrs. 
 Swinburne, notwithstanding our short acquaintance. 
 
 Very respectfully, 
 
 CHARLES F. RAXD, 
 Late Company K, Twdfih Ecijiment New-York Volunteers, 
 
 icith a rejection of head of humerus. 
 
 Ex-Senator MacArthur of Rensselaer County, who was a 
 brigade quartermaster during the war, and was at Savage 
 Station at the time of the retreat, and who has watched 
 with interest the course of Dr. Swinburne since that time, 
 gave a xevy interesting history of the scenes he there w4t- 
 
232 A TYPICAL AMERICAN. 
 
 iiessed,and also a cutting satire on the course pursued by 
 some of the "stays-at-home," in an article published in the 
 Troy " Budget," of which he is editor and proprietor, on 
 April 6, 188-1:. The senator, in that article, said, under the 
 head of " What we know of Mayor Swinburne," — 
 
 " When McClellan was fighting his men in front of Rich- 
 mond, there was a call for volunteer surgeons from the North 
 to assist the medical corps, which had been overworked night 
 and day with attending the victims of Chickahominy fever 
 and rebel bullets, and which corps was not sufficiently strong 
 to minister to the needs of the local sick and wounded sol- 
 diers. Dui'ing the night which closed over the last day's 
 fight at Fair Oaks, the Avriter hereof, who was flat on his 
 back with Chickahominy fever, received an order to have the 
 wagons of the command under which he served loaded that 
 night with ammunition, rations for the soldiers, and forage 
 for the horses ; to burn all the tents and other quartermaster's 
 stores and property in his charge ; and to take his wagon- 
 train at once to the James River with all possible speed, and 
 to there await further orders. With the bulk of the enemy 
 in front, the dreaded Stonewall Jackson was menacing, on the 
 north, McClellan's right flank. The writer hereof, not hav- 
 ing eaten any thing for two or three days, findiijg it impossi- 
 ble to keep any thing on his stomach, in the early gray of 
 the morning went over to the headquarters of the medical 
 corps to see Dr. Swinburne, who had come at the call of his 
 country as a volunteer surgeon while one of the F'air-Oaks bat- 
 tles was raging. Arriving at the plateau near the railroad- 
 station, where the medical corps was stationed, the awful 
 sight that met his eyes was one of the 'bloodiest pictures in 
 the book' of battles ever beheld. There were one or two 
 acres of ground covered with surgeons' tables, on which the 
 surgeons had been operating all through the night on the 
 wounded of the Union army who had been stricken down 
 in the last and most destructive battle of the conflict of Fair 
 Oaks, fought on the day previous, the result of which was 
 disastious to McClellan's army, and which led to his ' change 
 of base,' and retreat to the James River. The canvas flies of 
 wall-tents had been stretched over the operating-tables ; but 
 the sides and ends of the tables were open, with no barrier 
 between them and the open air. The tables had been lighted 
 with candles, lanterns, and torches, rudely improvised to light 
 the bloody work which the surgeons had in hand. Many 
 
PRALSKI) AND .SLANDERED. 233 
 
 of llieso liglils wcro still flicikerinjr in (Ik- early ^ray of that 
 lnol•lliIlt,^ TIkj surgeons had heen operating on th(! wounded 
 all through that dreadful night. As fast as the wouiuh-d, 
 who were eonstaiitly being brought in, left ihe hands of the 
 surgeon, if they were not in imminent danger of .soon dying, 
 they were conve^'ed on stretchers to platlorm-cars near by, 
 and went by railroad to the While House, on the Paniunkey 
 River, thence to be conveyed to Washington hospitals. Such 
 as could not be thus moved were put in hospital tents near 
 by, and cared for as best they could be under the circum- 
 stances. All night long the surgeons were at work with the 
 wounded on each of these one or two of the operating-tables, 
 and all night long the trains of platform-cars were run to 
 the White House with their freights of wounded and main)ed 
 soldiers. Many a poor fellow, minus an arm or a leg, was 
 carried off by the wounded train during the night, among 
 them Capt. Arts of the Second New-Yoik Volunteers, with 
 one leg off, and how many more Troy soldiers we don't know. 
 On, about, and under the operating-tables that morning were 
 leii's and arms, amputated during the night, and bits of flesh, 
 and ensanguined garments, pools of human blood being ab- 
 sorbed in the earth; and the taldes were gory red with the 
 life-streams from loyal wounded soldiers. The scene was 
 ghastly, sickening, and horrid beyond description. That 
 plateau had all the appearances of a vast human slaughter- 
 house, where soldiers had been dismembered of their limbs, 
 or cut up piecemeal, as if in a butcher's shop. When Dr. 
 Swinburne was found, he was washing his blood-stained 
 hands after an all-night's work at the surgeon's table. He gave 
 the writer some medicine to keep him up until he could take 
 the wagon-train to the James River, spoke words of cheer 
 and encouragement, and, as the Union army was to abandon 
 Fair Oaks and retreat down the peninsula, he said he pro- 
 posed not to desert the wounded who remained there, and had 
 not been carried to the White House, but to stay, to be taken 
 prisoner by the Rebels, and to do whatever he could to min- 
 ister to the wants and needs of the wounded. He said this 
 Avould b3 at great sacrifice to his private interests at home, 
 but that he could not bear to hand these poor wounded 
 Union soldiers to the 'tender mercies' and care of Rebel 
 surgeons, with no friendly person left to minister to their 
 wants in the dreadful circumstances under which the ill for- 
 tunes of war had placed them. And he did stay by them, 
 was taken prisoner, was conveyed with the wounded to Rich- 
 mond, and never deserted or abandoned them until every 
 
234 A TYPICAL AMERICAN. 
 
 man of them was provided for, with as comfortable ease and 
 medical and hospital attendance as could possibly be obtained, 
 under the circumstances, from the Rebel authorities. If we 
 remember rightl}', he was assigned as the surgeon having the 
 chief charge of these wounded Union y)risoners. Whether 
 he was allowed to return through the Union lines when his 
 mission was accomplished, or whether he was held as a pris- 
 oner until exchanged, we have forgotten. For all these 
 patriotic services. Dr. Swinburne never leceived, if he ever 
 received any pay, any thing like professional compensation. 
 At most, he could have received only the meagre compensa- 
 tion of an army surgeon, and we doubt if lie ever got that. 
 
 '' Dr. Swinburne is now the Republican and people's can- 
 didate for mayor of Albany. He was elected in 1882, hut 
 was counted out in favor of Nolan. At the time, all the 
 decenter portion of Albany was greatly indignant over the 
 Nolan swindle. Lawyer Hale addressed public meetings, 
 and mouthed indignant sentiments against the gross frauds 
 b}^ which Swinburne was cheated out of his office of mayor. 
 According to the ' Express,' he and others ' were profuse in 
 their tender services to bring about a correction of the abuses 
 of which they, and good citizens generally, complained. One 
 lawyer (Hale) now presents a bill of nearly 8i,000, which 
 he asks the doctor to pay. Another modestly requests the 
 doctor to hand him over $1,500.' The 'Express' says, — 
 
 " ' It is a pretty hard thing to ask a man to pay out in lawyers' fees 
 and conts, in an action brought to preserve his own and the people's 
 rights, pretty nearly double the sum he receives for salaiy for the full 
 term of the office when it is finally awarded to him by the courts. It 
 must require " cheek," to say the least, for a lawyer who engages in a case 
 of this nature from alleged patriotic motives, to send in a bill for liis 
 "services" amounting to more than a year's salary of the office finally 
 awarded to the plaintitf .' 
 
 "Hale got judgment for his 14,000 fees; but, as Swin- 
 burne's finances are not in a flourishing condition, he couldn't 
 pay. Now just on tlie eve of the election. Hale has from 
 time to time been annoying and pulling up Swinburne on 
 supplementary proceeding, with the 'Argus' on hand to take 
 notes and publish every thing that could be construed into a 
 meanness or humiliation against Swinburne. The ' Argus,' 
 with the facilities thus afforded by Hale, has gathered hints 
 by which it is enabled to taunt Swinhurne with being ' an 
 arrant debt-dodger,' and as a man who 'would jump into the 
 assigned carriage, crack the pawned whip, and start up the 
 
PRAISED AND Sf^ANDICIlKD. 235 
 
 hypothecated horses, to go tlirougli the same performances 
 elsewhere.' If tliere ever has heen any thing meaner, viler, 
 or more des])ical)le, done in a political canvass than the parts 
 being enacted by Lawyer Hale, who claims to be a Republi- 
 can, and by thi; ' Argus,' we have in^vor heard of it. A pool 
 of -f -10, 000, of whi(;ii the Democratic candidate for mayor is 
 said to furnisli 't8,000, is reported to have been raised to beat 
 Swinburne. While during the war the patriotic Matthew 
 Hale remained vigorously at home in Essex County, Dr. 
 Swinburne was volunteering, and taking chances of losing 
 his life, as we have shown above, and he wasn't charging 
 .fi,000 for 'volunteer' services either. The careers of the 
 two men are in striking contrast; and their different lecords 
 since the war are in equally striking contrast. Dr. Swinburne 
 has been maintaining, at his own expense, a medical dispen- 
 sary at a great cost, where all the poor who were unable to 
 pay were furnished with medical treatment and medicines 
 without cost. During all this time Lawyer Hale's [)rincipal 
 benevolent and patriotic endeavors ap])ear to have been in 
 the direction of piling up $4,000 fee-bills against clients. 
 Quite a difference I 
 
 "Every soldier voter, every patriotic citizen, and every 
 lover of fair play, in Albany, it seems to us, ought to support, 
 under the above circumstances, Dr. Swinburne for mayor, for 
 patriotic reasons as well as to rebuke those wdio taunt a 
 public benefactor with his poverty." 
 
 At the time Dr. Swinburne tendered his services to Gov. 
 Morgan as a volunteer sui'geon, and received his commission, 
 he was possessed of considerable property, and, through a 
 large growing and lucrative practice, was on the road to a for- 
 tune. In relinquishing these comforts and inviting prospects, 
 he understood the dangers that were to surround him : that he 
 was not going as a pleasure-seeker, but into the jaws of death ; 
 and to provide against any unnecessary litigation or disputes 
 before a surrogate or in a court of equity, in case of his death, 
 he tiansferred all his property, unembarrassed by any finan- 
 cial claims, to his wife, and children of tender age. Recently, 
 however, the " Albany Argus," a paper that persisted in 
 declaring the unholy war a failure when the doctor was at 
 the front, charged that the property was transferred to avoid 
 the payment of claims against him, — a most disgraceful 
 
236 A TYPICAL AMERICAN. 
 
 libel, and without any foundation, the only real or imagi- 
 nary financial claim of any description against him being 
 the one now under trial. This is made by a pseudo-y-efoj-m- 
 er, jNIatthew Hale, a lawyer who sues to recover $4,000 
 counsel-fees for services in a quo warranto action of John 
 Swinburne against Michael Nolan for the office of mayor 
 of the city of Albany, to which the doctor was elected in 
 1882, but out of which he was defrauded. The plaintiff law- 
 yer, at the time, was a very loud and apparently enthusiastic 
 Republican reformer, and advocate of good government, and 
 very vehement and positive in denouncing the political ring 
 that ruled Albany, and was afterwards an unsuccessful 
 candidate for Supreme-Court justice. At the last election 
 he was a Democratic reformer, working with the ring he had 
 so denounced as corrupt. Witnesses swear he was a volun- 
 teer lawyer in the case ; and certain it is he received no 
 retaining-fee as counsel, and did make a speech at an indig- 
 nation meeting, outstripping all the others present in his prot- 
 estations of the sacrifices he was ready to make to right this 
 terrible wrong, punish fraud, protect the purit}'' of the ballot- 
 box, and vindicate the rights of the people. After having 
 failed for nearly three-quarters of the term in having the case 
 brought to trial, another lawyer, the late Henry Smith, suc- 
 ceeded in accomplishing in less than one month what Hale 
 failed to do in a. year and a half, but for which services 
 the latter demanded '14,000, — a larger sum than the salary 
 received by Dr. Swinburne as mayor. On this is based 
 the only charge the enemies of good government were able 
 to advance against this loyal citizen in the last congressional 
 campaign. 
 
 While Dr. Swinburne was health-officer of the port of 
 New York, his arrangements somewhat interfered with the 
 exclusive privileges of the " New- York Herald " in gathering 
 ship news ; for which that journal became very indignant, and, 
 besides resorting to rather questionable means to injure the 
 health-officer, published some scurrilous articles on his admin- 
 istration. These schemes the doctor soon discovered and 
 frustrated ; and the " Herald's " venom was expended in vain 
 
PRAISED AND sr;ANDKRKD. 237 
 
 on the doctor, and ic-actod on tliat joiinial. An article in 
 the " R()c]iest,er Democrat," under date of Aug. 20, 1808, re- 
 ferring to tills controvei'sy, said, — 
 
 "Amid the various sigjis whi(;h we have of ' hanging the 
 "Herald," ' we occasionally sec something in its management 
 which looks like hanging itself. One of these things is its 
 attack on John Swiidjurne, health-officer of tliis port. Before 
 the ' Herald ' began its attack, it would have done well to 
 take a look at its antagonist.' Dr. Swinburne has a well-knit 
 frame, muscular, and full of strength and vitality : he is a 
 small Hercules, witli a pleasant countenance, but one so full 
 of purpose and determination that its sliglitest frown reveals 
 the unconquerable will. We read this in Swinburne when we 
 first saw him, many years ago, and time has only strength- 
 ened our conviction. He came to Albany a young physician 
 from St. Lawrence County, without friends or patronage, but 
 full of determination. In due time he was called to examine 
 a case of sudden death. A woman who went to bed well 
 was found dead in bed the next morning. Before retirinsT 
 she had eaten a supj)er ; but the next morning her bowels 
 were empty. The bedroom was found freshly mopped, and 
 the bed in decent order. Her husband, who slept with her, 
 said she died in the night, and he could throw no light on 
 the subject ; while his parents., at whose house the couple 
 were living, were equally unable to afford information. John 
 Swinburne immediately saw through the mj-stery. The 
 woman had been poisoned during the night by her husband, 
 and the parents were in some degree cognizant of it ; for the 
 cleansing of the room after the effect of the poison was over 
 proved this. The husband was arrested ; and, with that pecul- 
 iar fatality which attends guilt, he replied, when he learned 
 that a post-mortem examination was to be held, ' They will 
 find no arsenic there.' The stomach was empty, but Swin- 
 burne found traces of aconite. On his testimony the man 
 was indicted, and on his testimou}" he was hanged. A fierce 
 effort was made by the defence to break down Swinburne's 
 professional character. He was cross-examined in the most 
 bewildering manner, and medical testimony was brought to 
 bear against him ; but the lawyers had to learn a new lesson 
 of calm determination as they saw John Swinburne ride 
 through the storm. It was a conflict in which his reputa- 
 tion, as well as the cause of justice, were at st^ke ; and he tri- 
 umphed. Such was the famous Hendrickson case : and, now 
 that it is past, no one has ever uttered a doubt of the guilt of 
 
238 A TYPICAL AMERICAN. 
 
 John Hendrickson. Had he been matched against any other 
 surgeon, he might have escaped; but in Swinburne's hands his 
 doom was sealed. Hendrickson was a desperate character, 
 and had determined to get rid of a wife whom he had abused, 
 and whom he hated. He resolved on poison, and selected 
 one with which the medical faculty is not generally familiar. 
 This was aconite. The trial was marked by a wide range of 
 false sweari)ig on the part of the prisoner's friends, who were 
 important witnesses, inasmuch as the woman died in their 
 house. But justice penetrated the mystery : the murderer 
 was hanged, and Swinburne was looked on as a new power 
 in the medical world. 
 
 "A similar case occurred subsequently in St. Lawrence 
 County. A brutal husband, who had been long notorious for 
 his abuse of his wife, finished his crime by murdering her in 
 a manner more ingenious even than by poison. He choked 
 the woman to death, and then placed her in bed and cut her 
 throat, giving out that she had committed suicide. This the- 
 ory was accepted by a coroner's jury; but, suspicion being 
 aroused, the theory was upset by Swinburne, who demon- 
 strated its impossibility in the clearest manner. 
 
 "During the war. Dr. Swinburne left his practice, and volun- 
 teered to visit Richmond in order to attend to the sick pris- 
 oners from the Federal armies, — a service in which several 
 other distinguished surgeons bore part." 
 
 The most appropriate conclusion, we believe, with which 
 to close this chapter, is to copy an editorial article from 
 the "Medical and Surgical Reporter" of August, 1862, as 
 follows : — 
 
 "It will be remembered that Dr. John Swinburne of 
 Albany, who had gone to the peninsula on special service, 
 was one of the surgeons who, in the retreat of our army 
 from before Richmond, remained with our wounded. He was 
 on duty ; in charge, we believe, of the field hospital at Sav- 
 age Station. A great many of the wounded, who were cap- 
 tured by the insurgents, and who were exchanged or paroled, 
 have been sent to the hospitals in this city [Philadelphia]. 
 They uniformly speak of Dr. Swinburne, and of the other 
 surgeons, in terms of the greatest admiration and respect for 
 their noble and disinterested devotion to their welfare. In an 
 especial manner they have commended Dr. Swinburne for 
 his conservative surger3^ One man exultingiy showed us an 
 arm, which he declared would soon be as good as ever, and 
 
PRAISED AND SLANDERED. 239 
 
 said, ' If it liiid iu)t been for Dr. Swinhurne, I would have 
 lost tliat arm, and yet it has been saved in sj)ite of Kiehnioiid 
 prisons.' Another told of the doetor's indignation when he 
 found that a limb, on which he was going to perform the 
 opeiation of resection to save it, had l)een amputated by a 
 zealous subordinate, while he was attending to jjiessing duties 
 elsewhere. It would be well for our soldiers if Dr. Swin- 
 burne's conservative ideas were more prevalent among our 
 army surgeons." 
 
CHAPTER XVI. 
 
 THE FIGHTING DOCTOR. 
 
 Professional Men in Politics. — Ssvinlnirne tlie People's Candidate. — Fraud 
 and Corruption. — Patriotic Lawyers and a Pseudo-Reformer. — An Indig- 
 nant Populace. — Democratic Eulogy. —Healing Tliousands. — A Long 
 Contest and Victory over Corruption. — Four Thousand Dollars' Worth of 
 Patriotism. — Dugal Dalgety. 
 
 The assertion of the politicians when speaking of the fit- 
 ness of men eminent in the professions for political positions, 
 with whom they do not agree politically, — that they are ex- 
 cellent surgeons, physicians, or theologians, but because of 
 their education and training are not adapted to manage State 
 affairs, — is no more applicable to those two than it would 
 be to the profession of the law or to journalism. While Dr. 
 Swinburne was mayor of the city of Albany, he exhibited a 
 greater knowledge of the necessities of the people, and a 
 degree of executive ability far superior to many of his prede- 
 cessors. On this question, the " American Medical Times " 
 has an article that answers fully this objection. It says, — 
 
 " The medical profession is, for the most part, committed to 
 the belief that its duties are limited to the healing of the sick. 
 If a physician directs special attention to any other subject, 
 he is regarded as departing from his legitimate duties, and in 
 a certain degree abandoning his profession. A known de- 
 votion to any branch of tlie physical sciences or to literature 
 is most damaging; but if he engage, however remotely, in 
 any secular business, he is at once 'read out' of tlie profes- 
 sion. We lately heard Professor Simpson of Edinburgh pro- 
 nounced ' lost to the profession ' by a half-score of medical 
 gentlemen because he had addressed his class of medical 
 students on their religious interests. But on no subject is 
 there sucli a unanimous opinion in the profession as that a 
 medical man is lost if lie gives his attention to political 
 questions. Medical and political science are regarded as so 
 
TiiK Ki(;nTiN(; doctor. 211 
 
 entirely iiiGoin])iitil)l(!, tliut tlu! j)iiisiiil, dF one is thought to 
 disiiuiiliry for the pursuit of the other. 
 
 " Wo i)elieve, however, that ii just code of meflical ethics 
 would conii)reheud a uuich wider fieUl of duties than is gen- 
 erally understood. Jt should measure the competency of 
 physicians on all questions which concern humanity. Man 
 is the object of all our study: all his interests are within our 
 scope ; every thing that can ameliorate his moi'al as well as 
 physical condition I'alls within our domain. Consequently 
 medicine is one of the tributaries of social science or general 
 politics. Times are long passed when we were confounded 
 with barbers and servants, and when army surgeons or phy- 
 sicians were considered little above the mercenaries employed 
 (), la suite of armies. Ilemnants of the humiliation of science 
 in bai'barous times can still be traced in the ordinances of 
 European armies. But science is now fast dispelling those 
 clouds, taking a high and most influential position in society 
 and in the State. Tiie question which we wish to urge is, 
 Shall that influence be extended at all times, and under all 
 circumstances, for the advancement of man's social and polit- 
 ical as well as })h_ysical welfare? 
 
 " Virchow, tlie most distinguished representative of our 
 profession, the leading medical mind of Europe, is a member 
 of the Prussian Chamber of Deputies. He accepted unhesi- 
 tatingly an election by the people, and is the leader of the 
 liberal party. He has not forsaken his profession, but is as 
 much absorbed as ever in his histological investigations. The 
 medical sciences have not lost an ardent cultivator, while the 
 cause of popular liberty and of human rights has gained an 
 earnest advocate. Ndlaton, the distinguished French sur- 
 geon, was recently offered a nomination for a seat in the 
 French Parliament by the working-classes, but he declined 
 the honor. He alleges in justitication of his conduct that 
 he was only a surgeon, and could not on that account have 
 legislative abilities. 
 
 " No liberal mind can doubt which of these two medical 
 gentlemen has done his duty, and accepted all the high trusts 
 which have been committed to his care, whether as a citizen 
 or a medical man. Vircliow is adding new lustre to a fame 
 wdiicli is already world-wide and of dazzling brilliancy. His 
 name will be recorded high on the roll of those legislators 
 who have advanced the civil and political interests of the 
 people. N(51aton has failed to prove himself endowed with 
 those great qualities of heart which distinguished Virchow. 
 In declining the proffered appointment of the people, he al- 
 
242 A TYPICAL AMERICAN. 
 
 lied himself with the aristocracy, which ignore the claims of 
 the laboring classes. 
 
 " We rejoice in the example which Virchow has placed 
 before the profession of Europe, and trust its influence will 
 be felt in the United States. Here, where a republican form 
 of government renders even the humblest talent useful, and 
 gives it a proper weight in the social and political scale, 
 medical men should accept official })Ositions of trust. We 
 cannot too often repeat the instructions of Rush: 'In mod- 
 ern times and in free governments, the}^ (physicians) should 
 disdain an ignoble silence upon public subjects.' The Ameri- 
 can Revolution has rescued physics from its former slavish 
 rank in society. For the lionor of our profession, it should 
 be recorded that some of the most intelligent and useful 
 characters, both in the cabinet and in the field, during the 
 late war, have been physicians." 
 
 It was after the return of Nclaton to Paris from Italy, 
 whither he had gone to attend to the wound of Garibaldi, 
 that the working-men of Paris tendered him the nomination 
 as a member of the Chamber of Deputies, which he declined 
 on the ground that he had no taste for politics. They sup- 
 posed he was in full sympathy with the people in every effort 
 to better their condition. Actuated by the same motives, the 
 people of the city of Albany, groaning under the oppressive 
 taxation and the misrule of a corrupt and heartless ring, saw 
 in the great surgeon the patriotic and fearless citizen, who 
 had in every instance proved his devotion to the masses in 
 his aims for good government in professional and political 
 administration, — the man to lead the hosts against the lieart- 
 less and intrenched enemy. In 1882 they tendered him, as 
 the only man able to lead them to victory, the nomination 
 for mayor of the city of Albany. He had no taste for poli- 
 tics ; but, on the persistent pleading of the people that he 
 would be their leader out of the dark land of political cor- 
 ruption in which they were held, he accepted for their sake, 
 in the interest of good government, and entered into the con- 
 test with a zeal that won for him the title of " The Fighting 
 Doctor," — an honorable distinction he has honorably boi'ue 
 out, not as a ring pugilist, but as a fearless denunciator of 
 fraud and corruption. The election resulted in a triumph for 
 
TFFI-: FIGIITINC [KXHOIt. 24'> 
 
 the peoi)le, and the choice of tluiir ciui(li(hite, overcoming tlio 
 majorities given the Democratic candirhite of 4,87G in 1878, 
 and 4,693 in 1880. The ring, however, were up to their ohl 
 tricks, connted out the doctor, and gave his oppcMient, Nolan, 
 118 majority; but tlie (h)ctor, having espoused the cause of 
 the i^eople, determined the}^ should have their rights. A 
 number of gentlemen of the legal profession, and others, vol- 
 unteered to give their time and efforts to righting tiie wrong, 
 and punishing the fraud perpetrators. Among the legal gen- 
 tlemen were N. C. Moak, James W. Bentley, W. F. Beutler, 
 the late Hon. Henry Smith, Andrew S. Draper, Fitch J. 
 Swinburne, Hamilton Harris, and Matthew Hale ; the latter, 
 with other gentlemen, at a public indignation meeting imme- 
 diately after the election, making speeches denouncing the 
 fraud, Mr. Hale offering the following preamble and resolu- 
 tions, which were unanimously adopted : — 
 
 Whereas It is charged that an organized and desperate 
 effort was made at 3'esterday's election in this city to defeat 
 the will of the people by fraudulent and criminal practices, 
 including illegal voting, bribery, ballot-box stuffing, obstruct- 
 ing hiwful voters, excluding witnesses from the polls, false 
 canvassing, and falsely certifying results; and 
 
 Whereas It is further charged that by such fraudulent 
 and criminal practices Michael N. Nolan, who was defeated, 
 was falsely made to appear to have a majority over John 
 Swinburne, who was lawfully elected, by a lai'ge majority of 
 the legal votes east at said election, to the office of mayor of 
 the city of Albany : it is 
 
 Resolved (1) That the fraudulent and criminal practices 
 so charged, and all the persons guilty of the same, and all 
 persons who have instigated, connived at, excused, or justified 
 the perpetrators of such offences, deserve and should receive 
 the detestation and denunciation of every good citizen, of 
 whatever party, and the severest punishment provided for 
 them by law ; 
 
 (2) That to permit such crimes to go unpunished, and the 
 person or persons in whose interests they have been com- 
 mitted to retain unmolested the offices to which thev have 
 not been elected, but to which they have, b}' the aid of such 
 frauds and felon}', been falsely declared to be entitled, would 
 be to renounce popular sovereignty, and to submit to a despot- 
 
244 A TYPICAL AINIERICAN. 
 
 isni all the more galling because it is irresponsible, and assumes 
 the mask of democracy ; 
 
 (3) That such charges should be thoroughly investigated 
 in appropriate criminal and civil proceedings, to be instituted 
 and prosecuted for the purpose, to the end that the legally- 
 expressed will of the people may be ascertained and enforced, 
 and that the guilty, whether high or low in position, may be 
 punished ; 
 
 (4) That we pledge ourselves, so far as our means and cir- 
 cumstances may permit, to contribute our time, our energies, 
 and our money, to carry out the spirit of these resolutions, to 
 defeat the apparent conspiracy against the ballot-box, to vin- 
 dicate the will of the people, and to punish those guilty of 
 the offences charged, which are the greatest possible crimes 
 against a free government. 
 
 The resolutions were the sentiments of the people of 
 Albany, represented in the ten thousand gathered at the indig- 
 nation meeting. The esteem of the masses, and the confi- 
 dence in which the doctor was held at that time, were no 
 sudden outgrowth, but had taken root years before, and 
 became more deep and intense as the years rolled on. In 
 1872, Ex-Speaker Callicott, editor of the "Albany Times," 
 had this complimentary notice of the doctor and his abili- 
 ties : — 
 
 " Dr. John Swinburne was born in Denmark, Lewis County, 
 N.Y., in 1821. His father was a large farmei- and merchant, 
 and highly respected in that county. His star of progress 
 began in the cold winds of envy and detraction, and wild 
 storms of opposition hedged his pathway. But Dr. Swin- 
 burne was a man who grew the taster by opposition. The 
 famous Hendrickson trial brought out Dr. Swinburne in a 
 single-handed fight with the medical profession. The oppo- 
 sition was long and persistent, but he won at last ; and with 
 success came fame and fortune. Then came the Budge trial 
 and its famous points of medical jurisprudence, in which he 
 measured swords with the great 'medical head-lights' of the 
 country, and came off victor. 
 
 "From this time Dr. Swinburne has been recognized as a 
 medical genius, a bold and skilful surgeon, and a profound 
 thinker, marking out new paths which are now followed by 
 the foremost men of the profession. 
 
 " His administration at quarantine was a grand triumph over 
 
TFFE FIGHTING DOCTOR. 245 
 
 all opposition, and placed liini aniorif^ tlie greatest organizers 
 and managers that had ever controlled sanitary affairs in this 
 country. 
 
 '■'■ In 1870 he was at the head of the American Ambulance 
 Corps at the siege of Paris, and received the cross of the 
 Legion of Honor for bravery and skill. This was the first 
 time any American ever received such a compliment. 
 
 "Dr. Swinburne has shown a great executive ability, as well 
 as scientific skill. His associations with several large enter- 
 prises in this city, and in the Far West, reveal the immense 
 activity of the man, and show that he is a man for the people, 
 alive to all their interests. 
 
 "In surgical and medical jurisprudence he has introduced 
 important changes, and made discoveries which have now be- 
 come practical all over the world. As a leader, he has shown 
 intense activity, and a ready perception of men and events, 
 united with a clear comprehension of the exact requirements 
 of the times." 
 
 Mr. Callicott is recognized by all who know him as not 
 only one of the ablest, but fairest, editorial writers and jour- 
 nalistic managers in the State, and true to the principles of 
 his party (Democratic). Duriiig the last campaign, while 
 giving a loyal support to his ticket, and having one of the very 
 best men in the party on that ticket for Congress, he seemed, 
 like the mass of his fellow-citizens, to have grown in appre- 
 ciation of the doctor's "great executive abilities," and had 
 not a syllable to utter against the Republican nominee for 
 Congress, — Dr. John Swinburne. It was but natural that 
 the Republican organs should contain many flattering pane- 
 gyrics of their candidate, Dr. Swinburne, which are made the 
 more important because of this commendation from an oppo- 
 site political editor, of whom the " Express," always a firm 
 Republican paper, said, — 
 
 " Mr. Callicott is unquestionably the most accomplished 
 Democratic editor in this section of the State. He is also 
 very cautious and conservative, and does not make assertions 
 without understanding the subject thoroughly." 
 
 In 1880, when the connection of the doctor with the 
 Albany College terminated, the news went over the land ; and 
 several applications were made to him to accept a profes- 
 
246 A TYPICAL AMERICAN. 
 
 sor's chair in other cities and institutions of learning, one 
 of llieni being from London, Eng. He Avas seriously con- 
 sidering one of these invitations, and had about determined 
 to accept, when the citizens of Albany, learning this fact, 
 became fearful they were to lose the man they had known 
 nearly forty years, and, bestirring themselves to avert such 
 a " misfortune to tlie community," presented him with the 
 following petition, which was published in the " Albany Jour- 
 nal " of July 22, 1880: — 
 
 To Dk. John Swinbuune. 
 
 Dear /Si)\ — Learning that you are considering proposals 
 to engage in tlie practice and teaching of your profession else- 
 where, tlie undersigned urge you not to accept sucli propo- 
 sals, but to remain here. 
 
 We assure 3'ou that, whatever impressions you may have 
 received on the subject, the people of Albany know and 
 appreciate your great skill, and the generous use you have 
 made of it to heal, without charge, thousands who could not 
 pay for such service ; that your fellow-citizens are proud of 
 your just fame, and of the credit it reflects on our city, and 
 would deploi'e your departure as a loss to the profession and 
 a misfortune to the community. 
 
 Hoping that this expression of our feelings may lead you 
 to remain with us, we are 
 
 Sincerely yours, . 
 
 Matthew Hale, Erastus Corning, Joseph H. Ramsey, Hamil- 
 ton Harris, Edmund L. Judson, Lyman J. Lloyd, Bai'clay 
 Jermain, A. M. Brumagliim, Albert Wing, H. S. Van 
 Santford, Eli Periy, Adam Van Allen, W. Dey Ermand, 
 Charles S. Many, Robert C. Blackall, John H. Trowbridge, 
 John Clemishire, Jacob Messenger, Thomas P. Rudd, E. 
 Countryman, L. M. Van Santvoord, Benjamin Payn, Wm. 
 G. Weed, W. S. Hevenor, A. C, Judson, D. Cady Herrick, 
 Edward J. Boughton, John S. Dickerman, Geo. Dawson, 
 James T. Story, Edwy L. Taylor, Jas. A. Houck, W. Froth- 
 ingham, Daniel Casey, Thomas H. P'eiTis, Walter McEwen, 
 Charles D. Rathbone, Sylvanus H. Sweet, Peter Kinnear, 
 William Doyle, E. D. Ronan, Andrew J. Colvin, Geo. A. 
 Birch, J. W. Mattice, R. R. Thompson, George H. Tread- 
 well, William S. Paddock, Johnston & Reilly, A. S. Draper, 
 John K. Page, Isaac W. Vrooman, Alden Chester, John C. 
 Feltman, J. S. Robbins, J. McCann, H. C. Birch, Abram 
 
THE FrOMTINO DOCTOIl. 247 
 
 Van Veolitoii, Edward J. Mno^ain, IT. Dorr, J. R. Hfiiton, 
 S.G. Rice, 11. Mc,I?ri<l(3, John W. Viin V:ilkcid)iirirli, R. M. 
 • Grilliii, Robert S(;ot,t, LjiiisiiiL,' Ilotiiliiif^, 'i'lioinas I), ('ole- 
 nian, William II. Haskell, William 'J'lioriiton, Cialen R. 
 Hitt, John II. Farrell, 1). L. La Monte, H. P. Prime, Henry 
 T. Bradt, Robert Strain, John Pladwell, William H. Low, 
 P^raidclin W. Miller, Jonathan Tenney, I^ban Mess, George 
 W. Cooidey, ('liarles E. Burgess, Walter S. Browr), John 
 T. (iorman, Peter Snyder, Theodore I). Smith, jun., Wil- 
 liam Casey, Thomas P. Lynch, Frederick Andes, Richard 
 B. Rock, William A. Donahoe, J. Van Wormer & Co., 
 Jacob H. Ten Eyck, Ignatius Wiley, George Weber, Rich- 
 ard Bortle, A. B. Pratt, George Downing, Frederick U. 
 Bressler, John W. McNamara, and two thousand others. 
 
 To this petition the doctor replied, — 
 
 Gentlemen, — In reply to your kind and friendly letter 
 requesting me not to leave Alban}^, or abandon my work here, 
 I have to say it is ti'ue that I am considering propositions f(jr 
 the teaching and practice of my profession elsewhere. It is 
 but fair to state the reasons therefor. On ray return to this 
 city in 1871, after an absence of seven years, I was warmly 
 welcomed by the profession ; and sought to show the great 
 advance that could be made in surgery by the use of conser- 
 vative modes, preferring to do this in the place where my 
 professional career began : in other words, having long known 
 that it was but rarely needful to cut off an injured limb, that 
 the maimed member could almost alwa3's be saved ; and feel- 
 ing that to despoil, deform, or to perpetuate deformity in any 
 patient, however poor, of a limb which could by reasonable 
 means be saved, was wrong, and not in accord with the object 
 of our profession, — I undertook to prove, on a scale large 
 enough to obtain conclusive results, that this harm could be 
 avoided. I can only say my efforts have been misunderstood. 
 It is needless to refer to the various differences which have 
 arisen between myself and other members of the profession, 
 b}^ which the conclusion to seek broader fields and more lib- 
 eral minds have been forced upon me. The public know, and 
 can judge for themselves. My work has not been done in 
 the dark, and I leave it to the verdict that time may bestow. 
 I should, in justific/ation to myself, add, that, at the request 
 of some of the profession, I entered upon my work without 
 a desire to obtain a lucrative practice. What has been done, 
 has been done for the poor, without charge to them, but ue- 
 
248 A TYPICAL AiMEEICAN. 
 
 cessarily entailing large expense upon myself. But that very 
 fact alone has been used against me ; and notwithstanding re- 
 sults obtained by ra}'^ methods of treatment, of which I may 
 rightly be proud, my course has been misrepresented, and 
 every endeavor made to retard the work. For these i-easons, 
 therefore, I have considered the oft-repeated request to go 
 elsewhere. 
 
 Allow me to assure you, gentlemen, of my highest regard 
 for you personally, and, adding my thanks for your letter, to 
 sign myself, 
 
 Yours very truly, 
 
 JOHN SWINBURNE. 
 
 This petition, signed by the leading men of every profes- 
 sion and industry in Albany, prevailed with the doctor ; and 
 among the names of those still living are found his truest and 
 warmest supporters, the only exception among them known 
 to express different views from those then entertained being 
 the first to appear on the petition, Matthew Hale. This op- 
 position, it is believed by a large portion of the people, was 
 induced by the appointment of the late Hon. Henry Smith, 
 a lawyer in whom the doctor recognized integrity and ability, 
 as corporation counsel, instead of appointing Mr. Hale. 
 
 To decide the questions, whether the purity of the ballot- 
 box should be maintained, the rights of the people vindicated, 
 and fraud punished, criminal proceedings were commenced 
 in the courts the next day, and followed by a civil proceed- 
 ing in quo warranto^ to determine by what authority the 
 " counted-in " mayor held the office. In these proceedings 
 it was generally believed the lawyers in the case were acting 
 pro bono jmhlico ; and from the declai'ations of Mr. Hale, both 
 in public and private, his strong denunciations of the corrupt 
 ring that ruled the city, his protestations as an honora- 
 ble citizen in favor of good government, and the sending of 
 the fraud perpetrators to prison, he was especially considered 
 a reformer working for the object he professed to have so 
 dear at heart, when he pledged himself, publicly, " to contiib- 
 ute our time, money, and energies, to defeat the apparent 
 conspiracy against the ballot-box, to vindicate the will of 
 the people, and to punish those guilty of the offences charged, 
 
THE FHJII'IMNfl Docroit. 249 
 
 whicl) aro the groatost ptj.s.sililo ci'iinc.s against a IVeo govern- 
 ment." When Mr. Hale made tliis declaration, and tliat to 
 submit to the frauds " would be to renounce popular sover- 
 eignty, and to submit to a despotism all the more galling 
 because it is irresponsible, and assumes the mask of Democ- 
 racy," it was Ihouglit ho was speaking as a citizen prompted 
 by patriotism, and not as a lawyer agitating for a lawsuit in 
 which he was to have a four-thousaiid-dollar fee from a client 
 who was contesting an election in the interests of the people, 
 and not for seltish ends. Yet the sequel to his action, then, 
 — Mr. Hale's becoming a reformer at the last general elec- 
 tion, deserting the party with whom he had worked, or pre- 
 tended to, for good government; and the overthrowing of 
 the corrupt ring which ruled Albany ; and affiliating politic- 
 ally with the very ring whom he declared " deserve and 
 should receive the detestation and denunciation of every 
 good citizen of whatever i)arty, and the severest punishment 
 provided for them by law," — naturally leads to the con- 
 clusion that his patriotic and political professions were all 
 '' bumbcomb." The special reference to this action, as a part 
 of the doctor's first political contest, is made because of the 
 false charges growing out of it, which were handled and 
 published as reports of the trial in the oigan of the ring, — 
 the mouthpiece of Mr. Hale's new political associates, — in 
 an attempt to defame the name of Albany's most popular, 
 honored, and philanthropic citizen. 
 
 The history of this action of Hale against Swinburne, as 
 we understand it (and we have generall}^ attended the courts 
 officially, and as one interested in the result, because of the 
 doctor's position as a representative of the people), in brief 
 is this. On the morning after election, a consultation was 
 held between several of the lawyers and the doctor, one of 
 the gentlemen terming it a " council of war."' It was decided 
 to institute criminal proceedings, to ferret out the frauds, and 
 procure evidence for a quo warranto action. Before the re- 
 corder the criminal proceedings were carried out, and hun 
 dreds of voters, who had been summoned, examined; these 
 proceedings occupying several mouths. Besides this a thor- 
 
250 A TYPICAL AMERICAN. 
 
 ough canvass of the city had been made. These were all 
 preliminary, and necpssary to obtain the fads on which to 
 base the quo warranto action. All tliis work was carried 
 out under the direction of Messrs. Bentley, Beutler, and 
 Fitch J. Swinburne, and were voluntary acts by these gen- 
 tlemen, none of whom looked for any compensation from the 
 doctor, and were working in the interests of the people ; 
 Mr. Hale only appearing once or twice in these proceedings. 
 When the facts were all accumulated to prove the fraud, 
 the only apparent labor during the entire litigation, an action 
 quo ivarranto Avas commenced, Mr. Hale assuming the lead- 
 ing part, it being understood among the other counsel that 
 the papers were to be served at Hale's ofiBce, simply as a 
 matter of convenience. After nearly two-thirds of the term 
 had expired, in which the opposing counsel were able, by 
 motions and technicalities, to postpone the trial from time 
 to time, the late Hon. Henry Smith appeared in court ; and, 
 when another attempt was made to delay, he succeeded in 
 doing at one session of the court what Mr. Hale failed in 
 having accomplished in the many months, — that of having 
 the action set for trial on a definite day. Before that day 
 arrived, the incumbent, Michael Nolan, seemingl}^ to avoid a 
 penalty, resigned. The action went by default ; and, under 
 the direction of the Court, the verdict of a jury was taken, 
 awarding the office to Dr. John Swinburne. 
 
 It may be pertinent, here, to add, that the doctor and 
 others were led to doubt the sincerit}^ of Mr. Hale in the 
 matter; as he had written, April 27, 1863, a few days before 
 the action was to be heard in court, in substance, that he 
 was going out of the cit}^, and that the doctor must have 
 some one else prepare the case, as he could not get ready. 
 This, after many months in which he claims to have been en- 
 gaged in the suit, looked, to be mild in expression, " funny 
 practice." 
 
 On assuming the office of mayor of Albany, the doctor 
 appointed the Hon. Henry Smith, long the leader of the 
 Albany bar, corporation counsel. Soon afterwards Mr. 
 Hale presented the doctor with a bill of four thousand dol- 
 
TIIK KHMITING DOCTOri. 2ol 
 
 lars, for alleged lc[(!i.l servicers in this contest ; and in the 
 Supreme Court obtained, without trial, a judgment for that 
 amount, the judge deciding that the answer of the doctor 
 was frivolous. 
 
 The next ])oiiit with Hale was to recover the amount ; but 
 he failed lo find ;Miy inoperty, the doctor having, when he 
 entered the army duiing the Kebellion, transferred his 
 property to his wife, and children of tender yeais. Sup- 
 plementary proceedings were commenced, the doctor placed 
 on the stand, and subjected to insult and abuse by Mr. 
 Hale, who, only four years before, said of the doctor, in a 
 public document, "The people of All)any know and appreci- 
 ate your great skill, and the generous use you have made of 
 it, to heal, without cluirge, thousands who could not paj' for 
 such service." What a burlesque is presented in Hale ask- 
 ing four thousand dollars for alleged services to right a great 
 outrage perpetrated on the public, from a man who healed, 
 "without charge, thousands who could not pay for such ser- 
 vice." All the dirt and vilification, and attempts to make 
 the doctor appear dishonest, that could be construed out of 
 this testimony in supplementary proceedings, was dished up 
 in the " Argus," the ring organ. 
 
 Dr. Swinburne pays his debts, and liquidates all just claims 
 against him ; but denying any })ecuniar3^ obligations, direct 
 or implied, to Hale, he determined to resist what he claimed 
 '"extortion." On an appeal to the general term, the decis- 
 ion, that "the answer of Dr. Swinburne was frivolous, was 
 overruled," and the judgment and supplementary proceedings 
 set aside. When the case again came into court, Mr. Hale 
 moved for a reference, alleging that his claim set forth several 
 sepaiate and distinct retainers ; that the investigation would 
 involve a long account, and consume much time. On his 
 affidavit and motion, the case was given to three referees. It 
 is, as the case has progressed and facts have been developed, 
 and by the utterances of Mr. Hale himself, becoming a settled 
 conviction in the minds of many, that ]Mr. Hale knew he had 
 no just claim against Dr. Swinburne, and that he was afraid 
 of a trial in open court before a jury, asserting as his reason 
 
252 A TYPICAL AMERICAN. 
 
 that the doctor hoped to get on the juiy, if tried in open court, 
 " a sprinkling of his patients and political heelers," as the peoi- 
 ple were termed by Hale. 
 
 Before the referees, Mr. Hale has offered proof of but one 
 retainer, and that the doctor squarely denies. It is admitted 
 that there was no money then paid ; and according to Hale, 
 and the testimon}^ of the other gentlemen present, nothing 
 was said about remuneration; the entire consultation being as 
 to how tliey should proceed, and what steps should be taken. 
 No witness has been able to place a value on any separate 
 service, except Mr. Hale himself, who values the drawing of 
 an offer of reward for the conviction of the perpetrators of the 
 frauds at fifty dollars. He could not, or would not, place a 
 definite value on any other particular or separate service, and 
 all the witnesses he placed on the stand were equally incapable 
 of placing any value on any separate service ; but, on hypo- 
 tlietical questions propounded by Mr. Hale, they estimated his 
 services, if they were as he stated, worth four thousand dol- 
 lars. Two of the lawyers summoned by Hale, who were 
 counsel for Ex-Mayor Nolan, testified there were no ques- 
 tions of law involved in the quo warranto action, as these had 
 all been settled : the question was simply one of fact, to be 
 determined by proof of votes. Another thought, according 
 to Mr. Hale's statement, that his services in the proceedings 
 were worth four thousand dollars: yet it is understood this 
 very lawyer thought fifty dollars was ample compensation for 
 Dr. Swinburne's professional skill and services in attending 
 his (the lawyer's) son, who had been thrown from a carriage, 
 and sustained a fracture of the leg ; the doctor saving the 
 limb, and perhaps the life, of the injured young man, as 
 believed by the family. But then, the difference in the value 
 of the service of these men of different professions was, that 
 one was successful in as short a time as possible, while the 
 other was unsuccessful. The doctor, on oath, denied having 
 retained Mr. Hale, or that he was to be in any way responsi- 
 ble to him, and never had any intimation that Mr. Hale hoped 
 to get a fee from him until the case had been in litigation 
 about a year, when, througli one of the other counsel in the 
 
TIIK FIOHTING DOCTOR. 253 
 
 case, Hale soul, word lo the doctor that lio thought he (night 
 to have a thousand dolhirs. The doctor then declined to pay 
 any money ; but Mr. Hale did not withdraw from the suit. 
 It was understood that the money requisite in the action 
 was to be raised by subscription ; and some funds had been 
 raised in that maimer, Mr. Hale at one time early in the 
 litigation drawing from the treasurer of the (/itizens' Commit- 
 tee two hundred dollars. That this was to lie the method of 
 raising money is I'urtlier proven by tiie fact that a subscrip- 
 tion list was drawn b}' Mr. Hale for that purpose, with the 
 name of his fu'm second on the list for two liundred and fifty 
 dollars. When Mr. Hale took the prominent part he did, 
 it is said that he understood there were then two thousand 
 dollars in the hands of the Citizens' Committee for this very 
 purpose. The other counsel named, when asked if they had 
 any bills against the doctor, with one exception replied, "No, 
 we have no bills against the doctor." Mr. Moak, a leading 
 Democratic attorne}^ cordially took a part in counselling, and 
 was always ready to discharge any duty that he might be 
 called to perform in the action, adding that, while he was 
 Democratic in politics, he believed in good government and 
 the protection of the purity of the ballot-box. His interests 
 in the matter were, like all the others excepting Mr. Hale, 
 for the rights of the people. It was no party movement, and 
 was supported by able men of both parties. In his charge 
 against Dr. Swinburne, Matthew Hale has but few sympa- 
 thizers. After his attempt to injure the doctor, the public 
 rendered two verdicts at the polls, — one defeating j\Ir. Hale 
 forjudge of the Supreme Court; and the other, by electing 
 Dr. Swinburne to Congress by a majorit}^ no other man in the 
 country could command, changing the popular vote by over 
 seven thousand. The people believe the doctor is as truthful 
 and.firm as he is tender and aggressive. And here it is perti- 
 nent to ask a simple question ; i.e.. If Mr. Hale, in making 
 his application for a reference, swore to the truth as to sepa- 
 rate retainers, and could before the referees make no account 
 or swear to but one retainer, did he swear to facts on both 
 occasions? The two statements are contradictory; and, until 
 
254 A TYPICAL AMERICAN. 
 
 they are satisfactoril}- explained, there will. exist an impression 
 that there is still need of reformation. A ciedible and nn- 
 impeached witness, a lawyer hy profession, testified that Mr. 
 Hale did say, that if Dr. Swinburne had consulted him before 
 appointing Mr. Smith, this suit might never have been com- 
 menced. 
 
 The only excuse or explanation we deem necessary in 
 placing this matter here, is to illustrate how shrewdly some 
 men can cover np their real designs, and by a smiling coun- 
 tenance deceive the most penetrating ; how men anxious to 
 become popular, and see their names in print, are confounded 
 with their own utterances; how the loudest advocates of 
 reform are not at all times to be believed ; how rapidly a 
 defeated aspirant for office can change his political creed, and 
 go into full fellowship with the men he had denounced as 
 fraudulent and corrupt, without their changing or improv- 
 ing morally ; and how easy it is for the new convert to find 
 only honest jurors among his new associates, where there are 
 no "patients or political heelers," and to expose the "true 
 inwardness " of the only grounds on which the doctor's ene- 
 mies could draw any thing to say against him in the last 
 campaign, and to indicate how hard it is for a friend of the 
 people to obtain a fair chance to have justice and a public 
 vindication in the courts in a public matter, instead of hav- 
 ing tlie question relegated to the almost absolute secrecy of a 
 referee's room. The case is still in litigation, and the doctor 
 is fighting for an open trial. 
 
 In the issue of May 16, 1884, the "Morning Express" said 
 of this action of Hale against Swinburne, — 
 
 " The people of Albany will doubtless remember that, in 
 the charter election of two years ago, Dr. Swinburne was 
 elected to the office of mayor ; but b}^ means of a corrupt 
 cabal was prevented from at once assuming the reins of city 
 government. A number of patriotic citizens immediately 
 enlisted in his cause, and proffered their time, their means, 
 and their talents to enable him to secure the office to which 
 lie was honestly elected. First and foremost among the num- 
 ber was the Hon. Matthew Hale, and none could excel him 
 
Tf?K K If; H TING DOCTOR. 255 
 
 in his zf'iil ill (lio ciiuse of i-igliteousness. Tlu; case, lK)\vf-vcr, 
 dr.i{T(red slowly ulonn' ; juhI, for fourteen Ioiilj iiu)iitlis, Dr. 
 SwiiiburiK! \v:is kiiockiiif^^ in vain at the door of the leni[jle of 
 justice. I'inaHy Hon. Henry Smith was taken into the case, 
 and the hlind goddess at once Kniilcd more benignly upon 
 the applicants for justice. The suit wjis brought to a suc- 
 cessful culmination, and ere long the 'Fighting Doctor' was 
 duly install(!d in office. In due time lie appointed his faith- 
 ful advocate to the best offu^e in his gift. Almost simulta- 
 neously with that appointment, a. suit was inaugurated by 
 the Hon. Matthew Hale against the doctor for services 
 rendered in the mayoralty proceedings. The value set upon 
 these services were such as to cause most of the people to 
 believe that we had again returned to the golden days of 
 Aladdin. The doctor, of course, demurred paying for 'patri- 
 otic ' services; and returned an answer to the complaint, set- 
 ting forth the fact, already familiar to all, that the services 
 of Mr. Hale, as well as other gentlemen, were taken up in 
 the interest of law and order, and were of course gratuitous 
 in their nature. Judge Westbrook granted an order of 
 judgment in favor of Mr. Hale, upon the ground that the 
 answer was frivolous ; and also denied a stay of proceedings 
 pending an appeal. The public will remember that Dr. 
 Swinburne was then hauled up before a referee, upon au 
 order of supplementary proceedings, imme.diately before elec- 
 tion^ and subjected to the grossest sort of an examination, all 
 of which was thoroughly ventilated in certain daily papers 
 of an opposite political iaith, with elaborate embellishments 
 added thereto. The examination failed to reveal that Dr. 
 Swinburne was worth four thousand dollars, the sum de- 
 manded for the services rendered. Then an order was 
 obtained to bring up Mrs. Swinburne upon supplementary 
 proceedings, the subpffiiia designating May 29 as the first 
 day for such examination. In the mean time the Hon. Henry 
 Smith appealed the case to the general terra, now sitting at 
 Binghamton ; and that tribunal, upon Wednesday last, handed 
 down an opinion reversing the order of Judge \Vesti)rook, 
 and denying the motion of Mr. Hale for the relief demanded. 
 This, of course, supports the position assumed by Mr. Smith; 
 and admits that the answer set forth by him to Mr. Hale's 
 complaint was, in legal parlance, 'good.' All further pro- 
 ceedings of a tantalizing nature, of course, will be dropped, 
 and the case tried upon its merits at the next circuit ; and it 
 will then be determined whether or not ' patriotic ' services 
 are worth the princely sum of four thousand dollars." 
 
256 A TYPICAL AMERICAN. 
 
 Nearly a year after this article was published in the "Ex- 
 press," the case being still in the courts, the Hon. Ira Shafer 
 of New York having been substituted as counsel for Dr. 
 Swinburne, in place of Henry Smith, deceased, the "Citizen" 
 of April 11, had this to say of the controversy, — 
 
 " The irrepressible conflict between the people's friend 
 and genuine reformer, Dr. John Swinburne, and the pseudo- 
 reformer, Matthew Ilale, still continues; and the end is not 
 3'et. With the merits of this case the public are familiar, and 
 need no repetition, further than to remind them that it was 
 Hale who was so loud in his protestations that justice should 
 be done the people, when the fraudulent ring of this city 
 counted out their candidate for mayor, and counted in Michael 
 Nolan. They remember the indignant countenance of Hale 
 as he faced the thousands assembled at the indignation meet- 
 ing at the old Capitol, and the emphasis with which he read 
 the resolutions declaring it was the duty of the people to give 
 their time and money to right the great wrong, and bring to 
 justice the abettors and perpetrators of the fraud. Not one 
 man in that audience, we venture to assert, ever dreamed, at 
 that time, that Hale was then ^jhiying the lawyer under the 
 garb of a patriot, and deceiving the multitude before him. 
 Yet, if he is to be believed, that was just what he was doing ; 
 as he recently, in this action to recover four thousand dollars 
 for the services rendered in the suit that followed, testified 
 that he was retained the morning before the speech was made. 
 The case, the people remember, has had many turns in the 
 legal mill, and has been before referees. Mr. Ira Shafer, 
 counsel for Dr. Swinburne, desires, in the interest of his 
 client, that the case should be taken from the I'eferees, and 
 tried in open court, where the public gaze may be upon the 
 proceedings; feeling, as he says, that no jury would be found 
 to render a verdict in favor of Hale, any more than they 
 would think of awarding four tliousand dollars to John 
 Hancock for his patriotic act in signing the Declaration of 
 Independence. 
 
 " Mr. Hale, afraid, it appears, of public exposure, and 
 that a just public verdict might be rendered, resists this at- 
 tempt; and, when last the motion to take it from the referees 
 was argued, the addition to the Albany bar demonstrated his 
 ability to abuse his best friends, who had placed so much 
 confidence in him as to vote to elevate him to the Supreme 
 Bench. Some of whom now think it was the interposition of 
 
THE FIGHTING DOCTOR. 2.07 
 
 a wise Providnnce tliiit caused their votes and labor to he in 
 vain. When Mr. Hale asserted that the ohj(;et of the doctor 
 in havinjT the motion made to take the case from the referees 
 and tried in open court was that he hoped to have on the 
 jury ' a spiinklin<j^ of his patients and political heelers,' and 
 thus prevent justice, he insulted nf)t onl}'- the worthy poor, 
 but a large majority of the voters of this country, who, despite 
 the opj)()sition of Mr. Ilah; and his associates, and the libellous, 
 scandalous, and defamin^^ stories they circulated about the 
 doctor, gave a public verdict of over three thousand in favor 
 of the doctor at the polls. In the Democratic party are 
 thousands of true and honest men ; but when Mr. Hale in- 
 sinuates that in his new political affiliations alone are to be 
 found honest jurymen, he implies something that is false, and 
 deserving of contempt. 
 
 " When he charged the doctor with dishonesty, peijury, 
 and fraud, he made a charge that the people of Albany County 
 know is false. No man charged perjury but him : yet if it 
 is true that Mr. Hale, in making a motion for a reference, 
 swore that there were several retainers, and before the referees 
 could only swear to one account, did he swear to the truth on 
 both occasions ? With these contradictions as a matter of 
 record, to put it mildl}^ does it not come with questionable 
 grace from Mr. Hale to insinuate that the doctor is dishonest, 
 or lacking in integrity and truth? The sympathy, not only 
 of the public but of a very large portion of the bar, is with the 
 doctor. 
 
 " The real animus of the suit, it appeared to us, was devel- 
 oped before the referees, when a credible witness testified 
 that Hale said that if the doctor had consulted him before 
 appointing Henry Smith corporation counsel, the suit might 
 never have been commenced. If that is the real cause of Mv. 
 Hale's fight with the doctor, he should not feel so bad ; as he 
 has a number of companions in disappointed hopes of office. 
 
 " Really, what an absurd spectacle is presented in this suit! 
 While the men who did the woik, and the best counsellors in 
 the case, such as Messrs. N. C. Moak, the late Henry Smith, 
 James F. Bentley, W. F. Beutler, and others engaged in the 
 suit, had no claims to make against the doctor, Mr. Hale, the 
 loudest protestant, asked four thousand dollars for an action 
 won by others, where he failed for fourteen months. 
 
 " Will ]\Ir. Hale publicly answer one simple question in 
 this suit? 'If he expected the doctor to pay the bills, why 
 did he continue in the suit when he said he thought the doc- 
 tor ought to give him one thousand dollars, which was re- 
 
258 A TYPICAL AMERICAN. 
 
 fused ; why did he draw up a petitiou to raise funds to pay 
 the expenses, heading it with his own firm's name ; and why 
 did he send to the treasurer of the (Mtizens' Committee, Mr. 
 Fort, and draw two hundred dollars for disbursement, instead 
 of sending to the doctor?' " 
 
 In disposing for the present of this controversy, an article 
 first published in the "Albany Express," in April, 1884, and 
 republished in another paper, under the title of " Matthew 
 Hale, alias Dugald Dalgetty," places the matter so fairly be- 
 fore the public, that it is, we consider, deserving of preserva- 
 tion, that the comparison between these two men may not be 
 foi'gotten, and is as follows: — 
 
 " Two years ago, at the charter election held in this city, 
 Michael N. Nolan and John Swinburne were opposing candi- 
 dates for the office of mayor. Nolan was the nominee of the 
 Democratic party, while it can hardly be said that Swinburne 
 was the nominee of any party. 
 
 "Nolan, as well as the leaders generally of the Democratic 
 party, scorned and laughed heartily at the idea of Swinburne's 
 candidacy. But Swinburne was elected, undoubtedly, by an 
 honest vote of thousands. Yet he was counted out. That 
 this result was accomplished by frauds upon the ballot-box, 
 in every conceivable shape, was freely admitted, and finally 
 abundantly proved ; and so fully proved, that Nolan's grip 
 upon the office, after he had clung to it for two-thirds of the 
 term, was wrenched from him. The outrage he had perpe- 
 trated upon the people was ended by ignominious resigna- 
 tion ; and Swinburne, the rightfully elected, was accorded the 
 place. 
 
 " ' Bribery,' ' forgery,' ' perjury,' were the terms hurled at the 
 villains who had perpetrated this great crime against the ballot- 
 box. Every honest man was in a state of indignant denunci- 
 ation, and was unselfish enough to be willing to contribute 
 something towards punishing the villains, and helping Swin- 
 burne in the figlit, not so much his own, as that of a defrauded 
 people. Qhief among these unselfish, j)atriotic citizens, as 
 was supposed at the time, was jMatthew Hale, attorney and 
 counsellor-at-law, a recent annex to the profession, in Albany, 
 from Essex County. Matthew Hale should not forget the 
 conspicuous position he occupied in this preliminary fight of 
 patriotic denunciation. He was in the midst of it from tlie 
 start, and in the hottest. In all his many speeches on the 
 
THE FIGHTING DOCTOR. 2^9 
 
 occasion, at tlie Capitol park and elsewliere, liis was the voice 
 most outs[)()k(!n aij^uinst the stii[)eii(h)iis frauds by which 
 Nolan was counted into the mayoralty chair. He it was 
 wiio, at tiie (/aj)it()l park, on the very next night after the 
 election, counselled tliat the figiit was not Swinburne's but 
 the people's; tiiat the battle was not so much for Swinburne 
 as it was to secure and uphold the purity of the franchise. 
 
 '"The truth is,' said Hale, 'a crime has been committed 
 against the life of our government. The moment the people 
 sacrifice the principle of an honest ballot, they become slaves, 
 — worse than Russian slaves: they become the slaves of 
 money, which buys men to any crime. That crime was illus- 
 trated yesterday. When you said you would have Dr. Swin- 
 burne for mayor, it was claimed by conspirators that you 
 should not. Will you submit to it? Let us see that it is 
 stopped. Let each of us, as far as in him lies, work for the 
 result.' ' We will not be dictated to,' exclaimed Hale, in 
 excited, stentorious tones, ' b}^ force and fraud.' Not a word 
 in all this that Hale himself would not go into the patriotic 
 fight except for money. He was then pla3ang the role of a 
 high-toned patriot ; and his own soul seemed to throb with 
 unselfish zeal, which he strove to infuse into the hearts of 
 others. But a change came over the spirit of his patriotic 
 impulses. He was not now, and had not been, battling for 
 justice and a pure ballot. He was now, and had been, fight- 
 ing for pa}', and for pay onl3% He was become a Dugald 
 Dalgetty ; and, Dugald-Dalgetty-like, he would not fight ex- 
 cept for pay. And he that would pay most might have his 
 services, and all the fires of his patriotic soul. 
 
 "In frankness. Hale should have informed Dr. Swinburne 
 that he had gone back on the patriotic impulses, speeches, and 
 promises, before he went into the fight. The doctor was con- 
 fiding enough to believe in them; and supposed they were 
 made in sincerit}^ and from disinterested motives, and not for 
 reward, or expectation of reward of any character, except that 
 reward which springs from the approbation of an exalted 
 conscience. 
 
 " Nolan decamped from the ill-obtained office ; Swinburne 
 was installed into it ; Peckham resigned the office of corpora- 
 tion counsel; Smith was appointed to succeed him by Mayor 
 Swinburne; and Hale soon thereafter commenced edging Dr. 
 Swinburne for pay for services, and finally sued him for 
 four thousand dollars. Who is credulous enough to believe 
 that Matthew Hale would ever have commenced that action 
 had he received the appointment of corporation counsel? 
 
260 A TYPICAL AMERICAN. 
 
 " Well, Hale obtained his judgment because, it seems. Dr. 
 Swinburne did not interpose a sutlioient defence. The true 
 defence for the doctor to have interposed was Hale's public 
 speeches and promises. 
 
 "They would have established the defence that Hale's ser- 
 vices were gratuitous, and puidicly offered as such by him in 
 the presence of assembled thousands of witnesses. Hale — 
 discomfited and mad that execution on his judgment for gra- 
 tuitous services was not collected, had the same returned 
 unsatisfied : and the charter election approaching, and Swin- 
 burne likely to be a candidate again for mayor — took sup- 
 plementary proceedings against him to drive him to payment, 
 by a system of bull-ragging as ungentlemanly as it has been 
 insultingly conducted ; and, if that did not answer, then to 
 force the doctor from the field as a candidate for mayor ; or, if 
 he persisted in running, then to defeat him, unless he sub- 
 mitted to pay the extortionate demands of Hale. 
 
 "But Swinburne was unscared and rebellious; and, as he 
 stood in the way of Democratic success in the mayoralty con- 
 test, the 'Argus' and its reporters have been harnessed in to 
 help Hale in his legal conflict with Swinburne, and defeat 
 him in election. And so the ' Argus' has taken up the work 
 of malignity ; and for weeks has been engaged in [)ublishing 
 Hales interviews and Hale's letters in the matter, proclaiming 
 the dishonesty of Swinburne, and the purity, magnanimity, 
 and disinterestedness of Matthew Hale. When has the testi- 
 mony of a party in supplementary proceedings been taken by 
 a reporter, and his every word, and nod, and smile, and unrest 
 under insulting and provoking questions, before been given 
 to the public through the columns of the ' Argus ' ? And how 
 studious and persistent have Hale and the 'Argus' been to 
 have Swinburne's exaimnation forced upon the people before 
 election takes place. 
 
 " Matthew Hale has been fortunate in finding in the 'Argus' 
 a coatljutor willing and anxious to spread abroad his venom 
 and his malignity against John Swinburne. The working 
 twain may accomplish the doctor's political death; but they 
 will fail to deprive him of the hushed blessings which daily go 
 fortli from thousands of wretched poor whom he has benefited, 
 to whom he has ministered with marvellous skill as physician 
 and surgeon without compensation: these neither Matthew 
 Hale nor the 'Argus' can filch from him. And of one thing 
 Matthew Hale may rest assured, that, as Dr. Swinburne prom- 
 ised his services should be gratuitous to these wretched 
 unfortunates, he will not forfeit his word and his honor by 
 
TIIK FKJ IITINf; DOCTOIl. 201 
 
 charging them four tliniisiuid dollars foi- such services, or 
 any other sum whatever." 
 
 Under date of April 5, 1884, a paper published in Albany 
 had this to say of the man who has been and is still vainly 
 trying to injure the reputation of Dr. Swinburne : — 
 
 "Hon. Matthew Hale having, on the old Capitol steps, 
 offered his time, energies, and money to right the wrongs of 
 the people in the charter election of 1882, sued for his ser- 
 vices in the sum of four thousand dollars, about ten times 
 their value. This seemed a strange thing, but recent devel- 
 opments show that this thing is chronic with Hale. He 
 (Hale) is president of the board of trustees of the First 
 Presbyterian Church. When securing funds to erect their 
 new church on Willett Street, Mr. Hale liberally subscribed a 
 thousand dollars. In payment therefor, it is said, he handed 
 in a receipted bill for ' legal services ' for the same amount. 
 
 "This information comes from those connected with that 
 church, who also state that the 'legal services' rendered by 
 Hale would have been amply paid for by twenty-five dollars, 
 and that it was fair to suppose that the president of the 
 board of trustees would not make an exorbitant charge. 
 But Church and State are, alike, free plunder to some of the 
 high-toned legal lights." 
 
CHAPTER XVII. 
 
 A PLUCKY LEADER. 
 
 Unearthing Corruption. — Renominated for Mayor. — "Wliy nominated, and 
 why he accepted. — Defamed and defended. — Remarkable Incident in 
 Politics. — Victorious, and again counted out. — Return from the West. — 
 A Magnificent Reception. 
 
 During the period that the " Fighting Doctor " was con- 
 tending in the courts for the mayoralty, developments were 
 made which exhibited the most corrupt and disgraceful state 
 of affairs ever brought to light in the city of Albany : it being 
 clearly demonstrated that nearly three hundred repeaters 
 were used, some of them voting from five to twenty times at 
 the election. It was also brought out that these miserable 
 wretches were the hirelings of corruptionists, most of whom 
 held official positions at the time; and many of them are still 
 in office, some in very high positions. Indictments were 
 found against inspectors, growing out of the investigation ; 
 but these have never been prosecuted, and the guilty tam- 
 perers with the ballot-box, and fraudulent manipulators of 
 returns, are at liberty to persue their rascally vocations, and 
 repeat their crimes. It was not the doctor's duty to bring 
 these men to justice, nor to prosecute and send to prison, 
 where they ligitimately belonged, the leaders who hired, 
 encouraged, and abetted these fraudulent voters and in- 
 spectors. Evidence sufficient was ready to convict them ; 
 but these officials, instead of living on prison-fare, are faring 
 sumptuously on public pap, while the superintendent of the 
 penitentiary, and the contractors who employ cheap convict- 
 labor, are becoming rich on the work of dishonest men, to the 
 injury of honest labor. The success of the doctor in fighting 
 the corruptionists, and because of the reform he had inaugu- 
 rated in the civil government, and the general shaking-up he 
 
A I'l.lKJKV l>i:AIiKR. 2fJ3 
 
 gave the departments, induced the citizens, in 1884, to re- 
 nominate liim for mayor, notwithstandinf^ the fact that the 
 criniiiuils who worked tlic frauds at the former election were 
 still in power, and would use even more desperate efforts 
 than before. To oppose the doctor, the Democratic ring 
 must have a candidate who would come down heavy for the 
 corruption fund, and satisfy the " Ijetter element " of the 
 party. The "better element" did not mean the honest 
 voters, but that class who believed in caste, and disdained 
 any man who was poor, or sympathized with the poor. 
 
 A very natural question with many at tliat time, even in 
 the city of Albany, was, " How did Dr. Swinburne become 
 persuaded to accept a renomiiuition for mayor, after being 
 cheated out of his election, compelled to undergo the vexa- 
 tion and expense of a litigation for fourteen months to 
 recover the office to which he was elected, as well as being 
 subjected to the abuse of Hale, in whom he placed so much 
 confidence, and who was among the very loudest of his sup- 
 porters ? " The best way to answer this question is by 
 copying an editorial article from the " Press and Knicker- 
 bocker " (Independent Democrat) of April 7, 1884. The 
 article is headed, " Swinburne's Nomination," and says, — 
 
 " With some it has been an enigma how Dr. Swinburne, 
 after all the annoyance he has been subjected to, consented 
 to make another canvass for the mayoralty. We confess 
 ourselves to have been among the number thus situated, and 
 took the pains to inquire into the matter. We know him to 
 be at the head of a public hospital and dispensar\% in charge 
 of a staff of surgeons and ph3^sicians, which is constantly 
 thronged with patients of the poorer class, seeking relief 
 without the means of paying for it ; we know him to have a 
 large private practice ; and we know his tastes and inclina- 
 tions were not of a political nature. We therefore took it 
 upon ourselves to inquire into the causes, and found that an 
 appeal had been made to him by leading property-owners 
 and merchants, representing over twenty million dollars' 
 worth of property subjected to taxation, entreating him to 
 take the field. Such an appeal, everybody must admit, it 
 would be hard for any man to resist. It was something more 
 than a compliment : it went straight to the man's heart. These 
 
264 A TYPICAL AMERICAN. 
 
 gentlemen knew Dr. Swinburne to be a humanitarian tlirough- 
 out ; and they believed if he would listen to the appeals of 
 the maimed, the sick, and the dying, he would not turn a deaf 
 ear to the appeals of the tax-payers of this ring-accursed city. 
 They knew he had the ability, the courage, and the indom- 
 itable will to grasp with and throttle the hydra-headed ser- 
 pent which has the city treasury enfolded in its coils. Hence, 
 in their despair, they turned to him ; and he consented to be 
 their candidate. Dr. Swinburne is a man of great executive 
 ability, of immense brain-power. In his profession he has no 
 superior organizer. Fortunately for the interests of the city, 
 he has his free hospital and dispensary organized so fully and 
 systematically that he is able to give all necessary attention 
 to the duties of mayor. He has been an active, hard worker 
 all his life. For month after month he has worked from 
 fifteen to eighteen hours per day ; and, in thousands of in- 
 stances, he has worked constantly, without the respite of half 
 an hour's sleep, for three days." 
 
 The nomination by the Citizens' Association was promptly 
 indorsed by the Republicans; and. the struggle opened with 
 honesty and fair work on one side, while corruption, intrigue, 
 lying, and deceit were the weapons used on the other. The 
 " Argus," true to its policy to oppose every man, whether 
 Republican, Democrat, or Citizen, who was not an " Argus " 
 (or ring) Democrat, opened its flood-gates of filth, basing 
 all its abuse on the statements of Hale, and a physician who 
 was opposed to the doctor professionally, and asserting the 
 doctor never did any thing for humanity. This was the only 
 paper that would stoop so low as to abuse the doctor person- 
 ally. This opposition was met by the other papers ; the 
 " Evening Journal," in an article, saying, — 
 
 " What our esteemed contemporary, the ' Argus,' expects 
 to gain by deriding, vilifying, and insulting Mayor Swin- 
 burne is not easy to understand. There is neither logic nor 
 argument in making faces and calling names. No reasonable 
 person will be moved to change his vote by such tactics. 
 The 'Argus' may think that its course of action will lead 
 the public mind away from contemplation of important fea- 
 tures of the municipal election, but it is mistaken. Mayor 
 Swinburne rei')resents the element that fearlessly antagonized, 
 and finally drove i'rom power, the old and utterly disreputa- 
 
A PLUCKY LKADEK. 265 
 
 ble elonuMit that had hf^coiiK! a stench in the iiostrihs of all 
 decent citizens. Who would have the old rcijime rc-stcncd r* 
 Do we want another Nolan dynasty? Where was the 'Ar- 
 gus' in tlie fight made under the leadership of Mayor Swin- 
 burne for a free vote, a fair count, municipal reform, and the 
 ousting of the city's plunderers? Jt was against Mayor Swin- 
 burne and it is against him now. Where were the peojde in 
 that memorable conflict ? 'I'hey weic with Mayor Swin- 
 burne, and against the '- Argus.' That is their position to- 
 day, and it is impregnable." 
 
 " The Citizen," tlie independent organ of the Citizens' 
 Association, said of him, — 
 
 "Generous John Swinburne. No pen of ours need de- 
 scribe him, for he is too well known by our citizens to need 
 description. Bold, fearless, a lion in combat, and as gentle 
 as a lamb in his compassionate tenderness for the afflicted, 
 he is the noblest type of manhood that ever ventured into 
 the arena of politics. Those who have seen him simply at- 
 tending to his professional duties, and, like the ministering 
 angel, scattering on all sides the magic of his great healing 
 art, have no adequate idea of the hero who has devoted his 
 time and his invaluable services to an attempt to ameliorate 
 the condition of his fellow-citizens. He has been eminently 
 successful in his treatment of the physical ailments of the 
 people ; and we are sure that, under the penetration of his 
 lancet, the moral condition of the people will be much im- 
 proved. 
 
 " But he is not suffered to pursue his way in peace. The 
 bloodhounds of calumny and slander have been let loose 
 upon his track; and a few machine sheets, aided by a few 
 scalawag lawyers, seek to poison the public mind against 
 him. But who can defame the name of John Swinburne? 
 Who can slander his great reputation as a philanthropist? 
 Not a handful of disappointed lawyers ! Not a hundred un- 
 scrupulous editors! The name of Dr. Swinburne is engraven 
 on the hearts of the people ; and despite the clamor of ring 
 tools, tricksters, and the backbiting of liars, the genial, 
 modest, generous, and valiant reformer Mill be again placed 
 triumphantly iu the executive chair of the city, amid the 
 utmost enthusiasm of all good citizens. 
 
 "There maybe some persons who will be influenced by 
 what Matthew Hale said about Dr. Swinburne throuofh the 
 columns of a paper called the ' Argus,' — a Democratic organ 
 
266 A TYPICAL AMERICAN. 
 
 which seems to think more of party fealty than it does of 
 honest men or good g-overnment. Tliat is the only paper in 
 the city which would lend its columns to an abuse of Mayor 
 Swinburne, and it does it on political grounds ; while Hale's 
 is a personal matter, whicli he seeks to make public, thinking 
 it will injure Dr. Swinburne in his candidacy for mayor. 
 Matthew Hale told Dr. Swinburne in the spring of 1883, just 
 before the doctor started on a trip to Kansas, that he thought 
 the best waj^ to raise the money to defray the expense of tlie 
 mayoralty litigation was by subscription; and he accordingly 
 drew up one, which was signed by Hale & Bulkley and C. P. 
 Williams for two hundred and fifty dollars each, and said to 
 Dr. Swinburne, 'I will have enough raised before your return 
 to pay all expenses.' Does that look as if Hale intended to 
 look to the doctor for the money? What has become of that 
 paper, or how much money was raised, is not knowvj. More 
 than that, a perfectly relial^le gentleman says that Hale told 
 him that if Mayor Swinburne had appointed him (Hale) 
 corporation counsel he would not have made any charges for 
 his services. So it seems that the depth of Hale's earnestness 
 was measured by an office ; and, because he did not get it, he 
 is found now on the side of the very parties who caused Dr. 
 Swinburne to be defrauded out of his election. Away with 
 such consistency. It's a sham; and Mr. Hale will fall — in the 
 eyes of the community — into the pit he is trying to dig for 
 Mayor Swinburne. Mr. Hale has something to say about 
 Mayor Swinburne hiding behind his wife. Who did Mr. 
 Hale hide behind when the Hon. Henry Smith was defending 
 him in a breach-of-promise suit? Perhaps Mr. Lightbody 
 could throw some light on the subject. Why did Mayor 
 Swinburne convey his property to his wife? Because, when 
 the war of 1861 broke out, he felt it his duty to go into the 
 field to relieve the sick and wounded patriots — many of them 
 from this city — who were enduring every hardship to save our 
 country ; and before he left he made the conveyance to his 
 wife, so that if he should never return she would be provided 
 for. Why, Dr. Swinburne has done more for suffering hu- 
 manit}" in one day than Matthew Hale has done in all his 
 life. Then for him, in a sneering manner, to assert that Dr. 
 Swinburne made the said conveyance to get rid of paying his 
 honest debts, is not only contemptible, but false. The sale 
 of Hale's property was like Billings's boots and Billings's 
 gun. The whole matter means persecution, and at a time 
 when they think it will injure the mayor. But in this they 
 will find themselves mistaken ; for, the more they persecute 
 
A PLUCKY LKADFat. 2^)7 
 
 liini, tli(5 louder are the masses in liis {jiaise. Tlio {icoplo 
 know Dr. Swinburne ; and whatever disappointed ofliee- 
 Heeker^i and Demociatic-ring henchmen may say derogatory 
 of him, falls Hat to the ground. 
 
 •'One thing more we d(!sire to call tlie attention of the 
 public to, which sliows [)laiidy that Mayor Swird)urne is wil- 
 fully and maliciously persecuted; and that is tlie publication 
 at this time of the proceedings of a court instituted to in- 
 quire into the private and personal matters of an individual. 
 
 "In conclusion, and in order th.at the people may see for 
 themselves how the patriotism of Matthew Hale oozed out in 
 the short space of fourteen months, we lay before them the 
 following resolution, which was offered, among others, by him 
 while making a speech at the grand indignation meeting 
 held at the old Capitol the night after the last mayoralty 
 election : — 
 
 " ^liesolrcd, That we pledge ourselves, so far as our means and circum- 
 stances may perniit, to contribute of our time, of our energies, and our 
 money, to carry out tlie spirit of this meeting, to defeat the ai)parent con- 
 spiracy against the ballot-box, to vindicate the will of the people, and to 
 punish those guilty of tlie oifences charged, ■which are the grossest possi- 
 ble crimes against a free government.' 
 
 "We will leave it to our readers to judge how Mr. Hale 
 lived up to the spirit of the above resolution, and as to how 
 much of his time, his energies, and his money he contributed 
 to further the cause of honest elections and good govern- 
 ment." 
 
 The attacks of the "Argus," that Mayor Swinburne had 
 never done any thing for humanity, is answered in the 
 " Press and Knickerbocker " in these words : — 
 
 "In the editorial page of the ' Argus ' is a statement to the 
 effect that John Swinburne had done nothing for humanity. 
 Was it nothing he did, when, during the War of the Rebel- 
 lion, he, time and again, of his own accord and at his own 
 expense, hurried away to the scenes of suffering and death to 
 relieve the wounded of our New-York companies; passing 
 through the lines, allowing himself to be made a prisoner of 
 war by the rebels, if haply he might save the lives of our 
 brothers, fathers, and sons ? Was it nothing, when, on such 
 occasions, he used to go, and, on his own shoulders, carry 
 provisions for miles to feed the wounded prisoners? Will 
 the foiu'teen thousand poor and unfortunate who are annu- 
 ally cared for at his dispensary on Eagle Street say that he 
 has done nothing for humanit}'? 
 
268 A TYPICAL AMERICAN. 
 
 " Let the poor man and the laboring man, when he goes to 
 the polls to-morrow, ask himself this question, 'If accident 
 or disease were to befall my family to-day, to whom would I 
 go for aid, to the silk-stocking, purse-proud Banks, or to the 
 large-hearted man, the people's friend, John Swinburne?' 
 and vote accordingly. 
 
 "The 'Argus' evidently begins to think 'the better ele- 
 ment ' will not save the ring, and that, too, after putting on 
 such a bold front ; for who ever heard of such a thing before 
 as the leading Democratic daily issuing an extra campaign 
 sheet in a simple charter election, wlien they have every 
 tiling their own way, and a Democratic majority of fifteen 
 hundred at least to back them ? We like it; and would will- 
 ingly pay for an extra edition of the ' Argus ' on Monday, 
 because it makes votes for Swinburne. We would like the 
 'Argus' to attack Mayor Swinburne's official acts, if it dare. 
 It has avoided doing that, and devoted itself to personal 
 attacks ; and they have re-acted upon itself disastrously. 
 
 " But this election is not on a question of politics: it is 
 one of good government. It is quite the common remark of 
 some of those who to-day arrogate to themselves the title 
 of 'blue-bloods' to say, 'We want one of our own set for 
 mayor.' But the people — the laborer, the merchant, the 
 artisan, and the poor man — will see to it that we have one 
 of the people for that office, not an aristocrat." 
 
 It was a lemarkable incident in political contests in Albany, 
 that only one paper published in the city had any thing to 
 say against the nomination of Dr. Swinburne ; a hearty and 
 cordial support being given him by the two Republican 
 journals, by the " Press " (Independent Democrat) and the 
 " Post " (Independent), besides the organ of the Citizens' 
 Association, "The Citizen," while the "Times," an honora- 
 ble Democratic sheet, was silent. 
 
 The "Evening Journal" (Republican) said, — 
 
 " The renomination of Dr. John Swinburne for mayor was 
 assured from the day when, after long, vexatious, and ob- 
 structive delay, he was given the office by the courts, which 
 he had faiily won at the polls months before. Indeed, so 
 evidently just and proper was this course recognized to be, 
 that at no time have the names of any contestants for the 
 honor and responsibility of the position been mentioned. 
 Even in the unfortunate, and we believe unnecessary, differ- 
 
A PLUCKY LEADKR. 2G9 
 
 eiicos which have arisen in tlie party, there is complete and 
 cnij)hatic accord that Dr. Swinl)iirne deserves and must 
 receive tlie voles of all lke|iul)Iicans. 
 
 " JUit the votes of Rcpiihlicans will not Ix; cnoii^^rji to se- 
 cure an election. They do not ac(;inately measure tlie extent 
 of the supj)ort t'> which Mayor Swinburne is entitled. Jlis 
 canvass this year rests on liigher grounds than partisanship, 
 and appeals to a laiger constituency than a party. It may 
 fairly l)e (piestioned at any time whether tlie broad lines on 
 which men divide in National and State politics form the 
 basis of a legitimate division of sentiment on questions re- 
 lating sim[)ly to honest and economical municipal administra- 
 tion. Certainly they have no place in the election to be held 
 in this city a week from to-morrow. Only two questions are 
 to be answered at the polls on that day: first, whether the 
 claim in political equity of John Swinburne to a full term as 
 mayor shall be allowed; and, second, whether the certainty 
 of a ruggedly honest local administration shall be sacrificed 
 to the possibility of a return of the corrupt and extravagant 
 government of the old Democratic ring. 
 
 "No fair-minded man can deny the right of Dr. Swinburne 
 to a re-election. For fourteen months he was kept out of 
 the office to which he was chosen. For more than half his 
 term a usurper filled his place. The wrong was finally set 
 right, but less than one-half the stolen goods were returned. 
 The time for full restitution has now come. The morality 
 of the issue, however, is but one aspect of it. For more than 
 a year Dr. Swinburne carried on an untiring warfare — at 
 what detriment to himself none but himself can accuratelv 
 estimate — to secure to the citizens of Albany rights of 
 which they had been forciblj^ robbed. Others had attempted 
 the same fight; but they had become disheartened and dis- 
 mayed at the vicious power arrayed against them, and had 
 succumbed in failure. When it seemed that the people of 
 Albau}- were never again to have their votes counted as they 
 were cast, tlie unllagging pugnacity of this man, almost sin- 
 gle handed and alone, won back for them this primal right 
 of citizenship. It is not in gratitude simply for these exer- 
 tions that INlayor Swinburne asks the suffrages of the citizens 
 of Albany, which he has almost literally given them. It is 
 further in the belief that by their ingratitude now they will 
 not say to others, should the same emergency again arise, 
 ' we are indifferent to your labor, and careless to our interests 
 which you seek to protect." 
 
 ''Even were there no such commanding principles of right 
 
270 A TYPICAL AMERICAN. 
 
 and wrong involved in this election, the good government of 
 the city requires the re-election of the present mayor. Dur- 
 ing his brief administration, every interest of the city has 
 been carefully guarded. Expenses have been reduced, offi- 
 cials have been forced to the performance of long-neglected 
 duties, order and economy have been established in all 
 departments of the city's service." 
 
 The " Express " of April 8, said, — 
 
 "True to its character and traditions, the 'Argus,' which 
 called on the Grand Army of the Republic to disband, and 
 asserted that its prominent membership comprised ' loud, 
 brawling men, who went to the war to escape their characters, 
 or because there was money in it,' now attacks a man who 
 was captured a prisoner of war before he would desert the 
 soldiers wounded on the battlefield, the living among whom 
 now wear the badge of that organization. That man was 
 Dr. John Swinburne." 
 
 The "Express" (Republican) thus indorsed the nomina- 
 tion : — 
 
 " For a long time past it has been apparent that the Re- 
 publican City Convention would indorse the nomination of 
 Dr. John Swinburne for mayor, as made by the Independent 
 Citizens' Convention. There was, indeed, no other candidate 
 for the office on the Republican side. Delegates and others 
 remembered the proceedings of the convention two years ago, 
 when a ' straight ' Republican ticket was placed in the field, 
 and the gentleman at the head of it declined to go into the 
 race. They remembered the plucky fight made by Dr. Swin- 
 burne against corrupt ring-rule, and the victory he won, with- 
 out the use of money. They further remember the gallant 
 fight he made against the inspectors, who sought to deprive 
 the people of their just rights by counting him out, and 
 against the man who for several months took advantage of 
 the false count. The people admire pluck : they can forgive 
 a man for wanting in some other qualities, if he has the 
 courage to stand up and fight for his own and their rights. 
 
 "So it was a foregone conclusion that Dr. Swinburne 
 would be nominated by the Republicans. He had earned 
 the distinction. All factions into which the party in this city 
 is unfortunately divided were agreed that he should be the 
 candidate. For fourteen months kept out of the office to 
 which he was elected by the people, by an iniquitous combi- 
 
A CLdCKV LEADKIl. 271 
 
 nation, it seemed to most ri<:jlii-min(le(l pcoj)lc only fair and 
 just that he shoidd l)e elected for another term ; and the 
 expectation is that he will be by a majority of sufficient i)ro- 
 ])ortious to deter dishonest inspectors from making another 
 attempt to count iiim out. 
 
 "Dr. Swinbui-ne's administration of the office of mayor 
 lias not, in all things, been to our liking. Hut it has been a 
 great improvement upon that of his predecessors, and has 
 been thoroughly bold and courageous. Let the ' Fighting 
 Doctor' have the chances which will be afforded by another 
 term. The peoj)le have good reason to kiunv that he means 
 to be their friend, not only in the matter of endeavoring to 
 heal such of them as are sick and afflicted, but also in affairs 
 of municipal taxation and expenditure. We know it is al- 
 leged that some Republicans will refuse to vote for the doc- 
 tor. Probably the allegation is true. It was so two yenrs 
 ago ; but he was elected nevertheless. But mark this, for 
 every Republican vote the doctor loses he will receive ten 
 from the other side. The citizens, irrespective of party, are 
 very much in earnest in this matter." 
 
 These two articles from the many published in these papers 
 recognized as the organs of the two wings of the Republican 
 party in Albany, the city of political contentions, differences, 
 and jealousies, clearly demonstrate the unanimity of feeling 
 that existed on all sides toward this non-factional Republican 
 and thorough representative of the people. A support such 
 as these gave is made more significant because of the silence 
 of one Democratic paper, and the hearty support given him 
 by another Democratic journal having the largest circulation 
 of any paper published in Albany. 
 
 The renomination of Mayor Swinburne was recognized, 
 not only by the respectable Press of the city, as a wise and 
 advanced step in reform and good government, but b}' the 
 Press of other sections having an interest in seeing fraud and 
 political dishonesty driven out of the civic government of the 
 capital city. Among these was the " Troy Evening Times," 
 which, after watching the administration of Mayor Swinburne, 
 said, in its issue of March 31, — 
 
 " The Republicans of Albany have nominated Dr. Swin- 
 burne for the office of mayor. He deserves this indorsement. 
 
272 A TYPICAL AMERICAN. 
 
 He was the only citizen who apparent! }'■ had the courage and 
 determination to fight the corrupt Nohm-ring government. 
 He won the struggle only after a long and costl}^ controversy 
 before the courts, and to-day the city of Albany is enjoying 
 the fruits of his victory in a better government than it had 
 had for many years before. The chances seem to favor Dr. 
 Swinburne; as his election would best subserve the public 
 interest, and give the people a government wholly freed from 
 ring-rule or grossly partisan administration." 
 
 In answering the only attacks that the opponents of Dr. 
 Swinburne could make against him, which were all ground- 
 less and of a personal nature, the "Express," in an article 
 published April 5, 1884, under the head of " The Tactics 
 against Dr. Swinburne," said, — 
 
 "In the history of local politics in this city and county 
 it would be difficult to recall a more cowardly or dastardly 
 attack upon the character of a political opponent who hap- 
 pens to be a candidate for ofSce than has been made by the 
 enemies of Dr. Swinburne, the Republican candidate for 
 mayor. The columns of the 'Argus' are daily filled with 
 personal abuse of a man whom that journal ought, in most 
 things, to commend. Efforts are constantly made to show 
 that the doctor does not pay his just debts ; but so far noth- 
 ing in that direction has been proved, except that he has 
 refused to pay the exorbitant bills of certain lawyers who 
 pushed him into the mayoralty contest with Mr. Nolan, 
 organized and addressed 'indignation' meetings over the 
 gross frauds perpetrated at the municipal election of 1882, 
 and were piot'use in their tender of services to bring about a 
 correction of the abuses of which they, and good citizens gen- 
 erally, complained of. One lawyer presents a bill of nearly 
 four thousand dollars, which he asks the doctor to pay. 
 Another modestly requests the doctor to hand him over fif- 
 teen hundred dollars. There are plenty of working-people 
 in the city, skilled and competent workingmen at tliat, who 
 would be glad of an opportunity to work three years for the 
 compensation which one of these lawyers demands of Dr. 
 Swinburne for tlie few days' time he devoted to the suit 
 brouglit to vindicate the light of the people to select their 
 magistrates, and to seat them when elected. 
 
 •" It is a pretty hard thing to ask a man to pay out in law- 
 yers' fees and costs, in an action brought to preserve his 
 own and the people's rights, pretty nearly double the sum 
 
A PLUCKY LEADER. 273 
 
 he receives for saliiry for the full term of the office wlien 
 it is finally awarded to him by the courts. It miiat require 
 'chock,' to say the least, for a lawyer who engages in a case 
 of this nature, from alleged patriotic mcitives, to send in a bill 
 for his 'services,' amounting to more than a year's salary of 
 the office finally awarded to the plaintiff. In the other con- 
 tested mayoralty cases in Albany, — those between Quack- 
 enbush and Perry and Judson and Thacher, — the entire 
 expenses of the litigation were borne by the cit}'. This time, 
 although the courts have decided that Dr. Swiid)urne was 
 fairly elected to the office, he is asked to put his hand into 
 his pocket and pay all the expenses, including the exorbi- 
 tant lawyers' fees. It is not true, as we understand the facts, 
 that Dr. Swinburne does not pay his 'just debts.' He pays 
 his grocer and his butcher, the dry-goods merchant, the tailor, 
 the coal dealer. His just debts he does pay: there are some 
 which he considers to be of a different nature, which he de- 
 clines to liquidate. Not every voter in Alban}^ blames liim 
 for pursuing that course. 
 
 "It is undoubtedly true that Dr. Swinburne is not as rich 
 a man as the Hon. A. Bleecker Banks. He cannot afford 
 to live in as grand style as that gentleman does. Probably 
 he cannot afford to contribute as liberally to the ' campaign 
 fund ' as his competitor can. Part of his modest residence 
 is occupied as a dispensary, where the sick and the afflicted 
 are treated, and without charge if they have not the means 
 of paying. The rich and the poor are there treated alike. 
 Only those pay who can afford it. Of course the doctor's 
 enemies say that all this is done for effect. Suppose it is: it 
 is done all the same, and the people reap the advantage. 
 Those who are healed under his care or direction will not be 
 likely to inquire very anxiously about the motive the doctor 
 had in treating them. 
 
 " Yes, we suppose Mr. A. Bleecker Banks is much the 
 richer of the two candidates for mayor. But we venture the 
 assertion that in time and money and skill the doctor has 
 contributed to the relief of suffering humanity tenfold as 
 much as his opponent. To attempt to hold up such a man 
 to public execration, to harass him with ' supplementary 
 proceedings ' because he refuses to be ground by grasping 
 lawyers, and to daily fill the columns of a newspaper with 
 coarse abuse of one who has done so much good as Dr. Swin- 
 burne, is neither manly nor courageous. Perhaps it is just 
 as well for the doctor, for in the end it will re-act. The 
 people are not fond of too much of that kind of opposition."' 
 
274 A TYPICAL AMERICAN. 
 
 In this election the candidate opposed to Dr. Swinburne 
 was a gentleman of great wealth and social position, president 
 of a very large corporation, and of whom the Press said, when 
 he was elected mayor in 1876, by a majority of fifteen hun- 
 dred, "He is a young and rising citizen. He has proved 
 thus far a very available candidate for the Democracy." The 
 Democratic candidate had twice been elected to the State 
 Senate, in 1869 and 1870, by large majorities ; and hence 
 the impression that he was an available candidate. He was 
 considered, because of his wealth and social position, again, 
 " a very available candidate." But notwithstanding these 
 strong elements, and a reputed electioneering fund of forty 
 thousand dollars to support the ticket, and all the Herculean 
 efforts of his party, and the practice of their political tactics 
 in counting the returns, it required up into the " wee sma' 
 hours" of the morning to figure out an apparent majority 
 against the doctor of two hundred and fifty. 
 
 The feeling in the city on the evening of the election was 
 intense ; and as messengers were seen hurrying too and 
 from Democratic headquarters, and carriages with the leaders 
 rapidly drove from one section of the city to the other, it was 
 pretty generally believed the ring had been again honestly 
 vanquished by the " Figliting Doctor," and that a forlorn hope 
 was being fought under the darkness of night, and after the 
 poles were closed, to save the ring from complete rout. 
 
 The announcement that the ring liad succeeded did not 
 surprise the people of Albany; and it was hoped another 
 investigation would take place, and that justice should be 
 done the people. In announcing the result the " Troy Times " 
 said, — 
 
 "The Albany city-election yesterday resulted in the defeat 
 of Dr. Swinburne, who had been renominated for mayor by 
 the Republicans, and a victory for the entire Democratic 
 ticket. This result was the finale of a memorable campaign, 
 in which every device that desperation could invent was 
 called into play. An enormous corruption fund was raised, 
 and money flowed like water from the pockets of the politi- 
 cians. For days the Democrats had poured out upon Dr. 
 Swinburne a deluge of vilification and falsehoods such as few 
 
A PLUCKY LEADKR. 275 
 
 candidates ever ciK^ouiitcrod, no lie l)eiiig too riKMistrous for 
 assertion and circulation. At the polls, yesterday, fraud was 
 freely einploycHl to compass Swinburne's defeat. To comhat 
 against all tluiso adv(M'sc inlliienccs called for Herculean 
 strength on the doctor's part; and, under the circumstances, 
 it is amazing that he should be deieated by less than three 
 liundred." 
 
 The " Express," in announcing the results of the election 
 and the count on the morning after, said, — 
 
 " Dr. John Swinburne, the Republican and Citizens' candi- 
 date for mayor, is alleged to have been defeated by the meagre 
 majority of two hundred and forty-one, in a poll of nearly 
 twenty thousand votes. The doctor had no money to spend in 
 this election. Such as he has made and saved has been freely 
 expended in the maintenance of a dispensary and hospital, 
 where the poor have been treated without fee or reward, and 
 only those of means asked to pay. That is not a lucrative 
 sort of business, in one sense of the phrase ; but in another 
 sense it pays. Yesterday's vote shows it. With a corruption 
 fund of fifty thousand dollars against him, — with the mem- 
 bers of the State Committee, the chairman and one of the 
 secretaries of the County Committee, and certain prominent 
 Federal office-holders also against him, — the best showing the 
 opposition to Dr. Swinburne can make is given in the figures 
 printed above. 
 
 ''■ Of course it was not an honest count. Of course the courts 
 will be compelled to reverse the figures, as they were in the 
 contest between Swinburne and Nolan two 3-ears ago. Frauds 
 upon the ballot-box, as against Dr. Swinburne, were undoubt- 
 edly committed yesterday in the eastern district of the sixth, 
 the eastern district of the seventh, in the eighth, in the 
 northern district of the ninth, and in the middle and eastern 
 districts of the sixteenth wards. These frauds will be fer- 
 reted out, and this time by lawyers who will not charge 
 exorbitant fees for the performance of alleged ' patriotic ' ser- 
 vice. The people will see to it, this time, that the rights of 
 the majority are vindicated ; and that repeaters, ballot-box 
 stuffers, and dishonest inspectors are not jTermitted to have 
 things entirely their own way. The doctor has already given 
 evidence that he knows how to fight for his own and the peo- 
 ple's rights. He will be quite as ready to make a fight of 
 that kind to-morrow as he was two years ago. 
 
 " The city was flooded with Democratic money yesterday. 
 
276 A TYPICAL AMERICAN. 
 
 It was as free as water. There was none upon the other side. 
 And yet, notwithstanding tliis lavish expenditure of Demo- 
 cratic funds, the inspectors are able to count out the doctor 
 by only the bare majority named above. It was a wonderful 
 fight that the workingmen made yesterday against the Demo- 
 cratic candidates and their corruption fund. Mr. Banks, 
 surely, has no reason to feel proud over his alleged ' victory.' 
 Nor have the Republicans and workiugmen auy reason to feel 
 ashamed over the showing they made yesterday. If they 
 had undertaken to buy the venal and corrupt, not even dis- 
 honest inspectors would have had the cheek to endeavor to 
 count them out. But tlie ' buying ' business was left to the 
 ' better elemejit ' yesterday. A day of reckoning is coming, 
 gentlemen. Corruption funds will not always tell. Honest 
 citizens are learning their rights, and, knowing them, will 
 dare maintain them. Political rings and political corruption- 
 funds must go." 
 
 To accomplish the results claimed by the ring, the most 
 desperate efforts were resorted to during the election, as well 
 as in counting the votes : Republican watchers were brutally 
 beaten at the polls ; old men were assaulted, while others were 
 prevented from reaching the polls and depositing their bal- 
 lots ; and open bribery was carried on all da3^ — the price 
 paid for votes in some wards being as high as eight dollars a 
 vote. 
 
 The " Journal," in commenting on the returns, asserted 
 there had been, unquestionably, fraud and violence practised 
 during the election, and wondered if A. B. Banks would dare 
 to take the office under the circumstances, asserting there 
 was evidence sufficient to establish fraud, in the mind of any 
 fair man, at the returns. The total vote cast at that election 
 was 19,914, an excess of 1,354 over 1882, which was proven 
 to have been greatly increased by fraudulent votes. This 
 increase the " Journal " claimed was not possible in the 
 growth of the city population in that time. 
 
 On account of the serious illness of Dr. Swinburne, result- 
 ing from overwork and blood-poisoning while performing an 
 operation, he was unable physically to contest the seat to 
 which he was elected, but which was accorded to his oppo- 
 nent, and went West to recuperate his health. A few days 
 
A I'LIJC'KY LKA\>FAi. 211 
 
 before liis rctui'ii to tin; ci(;y it vviis hjiii'iied tliiit lio was on 
 his way hoiiK! ; ;i,ii(l the Citizcnis' Association, under l^resident 
 Williiun Manson, decided to exteml to liini a rece[)tion on his 
 arrival. Tliis was, at its inception, intended to be confined 
 to the association ; but no sooner was the announcement made 
 than it assumed a popuhxr movement, in which the almost en- 
 tire community expressed a desire to take part. Not the least 
 prominent jvmong those desiring to participate were many 
 who, although having voted against the doctor, believed he 
 had been a second time defrauded, and were willing to so tes- 
 tify. A large numl)er of his political opponents, who always 
 vote the party-ticket, also desired to unite in their personal 
 appreciation of the doctor as a philanthropist and citizen, and 
 in expressing their satisfaction at his returning health and 
 vigor. On the evening of his return, July 24, 1884, although 
 but a few days had elapsed from the time it was known he 
 was to arrive, Albany was the the scene of one blaze of enthu- 
 siasm, such as it has never before or since accorded any man, 
 whether public or private citizen. From the depot, along 
 the route of march to his residence, the streets were packed 
 with a solid mass of humanity; while the sound of a cheering 
 multitude made the hills around echo, and the heavens were 
 made brilliant with a grand pyrotechnic display. The ar- 
 rangements, in which several of the Republican clubs and 
 thousands of citizens participated, were under the direction 
 of President William Manson and a committee of the In- 
 dependent Citizens' Association. In the demonstration a 
 number of physicians of the city and from the surrounding 
 country took an active part. Of this reception, the " Ex- 
 press " (Republican) said, — 
 
 " Our ex-mayor, John Swinburne, was the recipient of an 
 ovation last evening, at the hands of his fellow-citizens and 
 admirers, that was not only a pronounced indorsement of his 
 oliicial career, but a personal compliment, carrying with it the 
 evidence of the high regard in which he is held by a very 
 large constituency. The reception was conceived and carried 
 out under the direction of the Independent Citizens* Associa- 
 tion. The line w^as formed at half-past seven p.m., and moved 
 to the Union Depot. 
 
278 A TYPICAL AMERICAN. 
 
 " An immense throng of citizens surrounded the depot ; and, 
 as Dr. Swinburne entered his carriage, he was greeted with 
 tumultuous cheers and a blaze of pyrotechnics. The carriage 
 of the ex-niayor was placed between the ranks of the Citi- 
 zens' Association, and the line of march taken up as follows : 
 Broadway to Hudson Avenue, to Green, to State, to South 
 Pearl, to Hudson Avenue, to Eagle. Along the entire march 
 the doctor was vociferously applauded. The residence of 
 the ex-mayor was brilliantly illuminated, and the trees beau- 
 tifully festooned with Chinese lanterns. The roadway and 
 sidewalks, for at least a block on each side, were packed with 
 a dense mass of people. After a brief space Dr. Swinburne 
 appeared upon the balcony, accompanied by John T. McDon- 
 ough, Esq. ; and several minutes elapsed before the latter 
 gentleman could make his introductory speech, so prolonged 
 was the welcoming and the hearty cheers. Mr. McDonough, 
 in a brief speech, stated the cause of the demonstration, 
 alluded to the sterling qualities of Dr. Swinburne as an offi- 
 cial, a philanthropist, and a citizen, and on the part of the 
 citizens of Albany welcomed him to his home. The doctor 
 responded in a few words, in his characteristic way, and 
 expressed his gratitude for honors shown him. With three 
 hearty cheers for Mayor Swinburne the ovation ended, and 
 the line was dismissed. The demonstration, as a whole, was 
 unique in its way, and one that cannot fail to be always held 
 by the recipient in grateful remembrance." 
 
 The " Press and Knickerbocker " (Independent Democrat) 
 said of the demonstration, — 
 
 " Ex-Mayor John Swinburne returned from his Western farm 
 at Silver Lake, Shawnee County, Kan., at eight o'clock last 
 evening, having been absent from the city since May 8. 
 
 " For the past few days the Citizens' Association had been 
 arranging for a proper reception of the distinguished gentle- 
 man. It was found, however, that the public were desirous of 
 cordially co-operating with the movement ; and the ovation of 
 last night was a grand recognition of the many acts which 
 have endeared Dr. Swinburne to the hearts of the people. 
 
 "• Public notice was given that citizens would assemble in 
 front of the headquarters at No. 44 North Pearl Street, 
 promptly at half-past seven o'clock. It was but a few 
 moments after six o'clock when the first gentleman entered 
 the room, and an hour later the apartment was thronged. 
 Citizens gathered on the walks, and the large crowd was aug- 
 
A PLUCKY LEADER. 279 
 
 meiited by the appeaniiice of Maj. Kenealey with the Albany 
 City Band of twenty pieces. Upon arrival at the Grant Cliih 
 quarters, the band gave a selection ; and, as the melody was 
 heard, the team and carriage of the doctor, in cliarge of faith- 
 ful Phil. AlbcrU dashed around the corner to the depot. 
 
 "Lines were then formed, and the procession marched to the 
 depot, where an immense throng was found clustered about 
 the street and approaches. As the train rolled into the depot, 
 and the doctor stepped upon the platform, a score of hands 
 were outstretched, and ringing cheers from the multitude 
 greeted his appearance. There was also a brilliant pyrotech- 
 nic display. 
 
 " Throughout the entire march there was a very general 
 burning of colored fires, coupled with a profuse display of 
 bunting and the discharge of rockets and candles. The in- 
 surance patrol are deserving of very great praise for the artis- 
 tic combination of colors displayed. Double lines of lanterns 
 arched the street, and the house of the patrol was dotted with 
 the bright lights from many a highly colored shade. Colored 
 fires illumined the scene, and a profuse discharge of Roman 
 candles proved that the protectives were the best of friends 
 with the ex-raayor, and heartily pleased to thus publicly dis- 
 play their feelings. 
 
 " As the head of the procession filed into Eagle Street from 
 Hudson Avenue, the street fronting the residence of the doc- 
 tor was found to be densely packed with people. 
 
 " The vast assembly waited but a moment for the greeting 
 between husband and wife, and then shouted for ' Swinburne,' 
 who appeared on the balcony, followed by Mr. J. T. McDon- 
 ougli, who delivered the 
 
 ADDRESS OF WELCOME. 
 
 " ' Ladies and Gentlemex, — We are here to-night to extend a cor- 
 dial welcome to our honored and distinguished townsman, Dr. John 
 Swinburne. 
 
 " ' A few months ago, borne down by the cares of office, the excitement 
 of an unparalleled political campaign, and the overwork of his profes- 
 sion, he sought repose and rest in the seclusion of the Far West. He 
 had scarcely departed when his political opponents rejoicingly reported the 
 news about the city that he had gone to stay. They labored under the 
 delusion that rest meant retirement. The doctor never retires in the face 
 of a foe; and so we have the pleasure of greeting him again to-night, and 
 seeing him hale and hearty and courageous as of old. 
 
 " The great respect, the warm affection, we have for him, is evidenced 
 by the vast numbers assembled here to do him honor. And well may 
 
280 A TYPICAL AMERICAN. 
 
 we be proud of him, — proud of his marvellous skill, proud of his great 
 and powerful achievements, and proud of his well-earned reputation. 
 
 " 'In peace and in war, at the bedside of the sick and suffering, at 
 home and abroad, as well as in the camp of the soldier and on the battle- 
 field, he has devoted his time and energies and strength to healing the 
 sick, relieving the sufferings of the wounded, and consoling the afHicted. 
 
 " ' His professional life has been as a benediction to tens of thousands 
 of bis fellow-men; and so large have been his charities, so generous have 
 been his offerings to the people, that, not satisfied with devoting his own 
 services to them, he has gone further, and given up to a free dispensary 
 the better part of his own home. Who could do more? Nor has he been 
 less distinguished in public and official life. Through fraud and corrup- 
 tion, and the law's delay, he was unjustly deprived of more than half of 
 the term of office to which he was elected by the people of this city. And 
 yet, during the short time he acted as our chief magistrate, without pro- 
 fessing to be a reformer, or pretending to be better than his neighbors, he 
 brought about many valuable reforms, and gave us an honest municipal 
 government. 
 
 " ' By superhuman efforts, if not by forbidden means, he was deprived 
 of a second term. 
 
 " ' But neither malicious slander nor malicious prosecution, neither cor- 
 rupt practices at the polls nor doubtful decisions of courts, have deprived 
 him of the thousands of warm friends who will rejoice at his return to- 
 night, and in whose behalf I now extend nim a hearty welcome home.' 
 
 " After an appropriate selection by the band, Dr. Swinburne 
 said, — 
 
 " ' Fellow-Citizens and Friends, — T do not feel strong enough at 
 this time to say much. I feel it impossible to thank you for the honor 
 you have conferred in this welcome home after my absence. I am not 
 foolish enough to believe that this is for me alone. It is in favor of good 
 government. I intend to remain with you as a citizen. I was thrown 
 into politics by reason of my work. You know what the result was. The 
 ring deprived us of our privileges. Since my absence I have received hun- 
 dreds of letters asking what was to be done, what steps I proposed to take. 
 To these I made no response, but I will answer them and answer you 
 now. As a citizen, I am prepared to take hold, and to most heartily help 
 you to right a wrong. If you, the people, wish good government, I am 
 ready to go with you. Two years ago they counted me out by three thou- 
 sand votes. They did the same thing last year, aided by their corrup- 
 tion fund of forty thousand dollars. I think Gen. Butler hit the nail on 
 the head when he said, " The time for discussion has passed : the time 
 for action has come." With him I believe that the time for acti6n has 
 come. I hope we will meet together, and continue our great work. Gen- 
 tlemen, I am with you in every movement; and, when my health is fully 
 
A I'LUCKY LKADEIl. 281 
 
 restored, I tnint tJiiifi we may (;oiui)iii() togcjtiicr in the interest of good 
 goverimioiit. (J(uitI(;riH;ii, good-night.' 
 
 " FoUowiiifjj tJie speeches the crowd quietly dispersed, and 
 the doctor ]);isst;(l the rcniuiiider of tlic evening with a lew 
 iutiniiite friends." 
 
 The "Citizen" (Independent) thus described tlie recep- 
 tion : — 
 
 " After a prolonged al)sence from the city, Ex-Mayor John 
 Swinbnrne retnrned on Thnrsday evening last, and was the 
 recipient of an ovation seldom, if ever, accorded to a jirivate 
 citizen of Albany. It was a purely spontaneous gathering of 
 his friends and fellow-citizens, who sought in tliis maimer to 
 testify their appreciation of his worth, and their gratitude 
 to the man who was twice cheated out of the office to which 
 he was fairly elected by the honest votes of the people, by 
 methods which, for downright audaciousness, are without a 
 parjillel in the history of the country. His reception was not 
 the result of any cut-and-dried arrangements, but was as 
 unexpected by our citizens generally as it was by Dr. Swin- 
 burne, who was utterly taken by surprise at the enthusiastic 
 reception which he received. The arrangements for the 
 demonstration, which it may be said were impromptu, were 
 under the auspices of a committee of the Independent Citi- 
 zens' Association ; and well and faithfully did they perform 
 the dut}^ assigned them, considering the short space of time 
 at their disposal. As early as half-past seven o'clock the 
 clubs which were to participate assembled on North Pearl 
 Street, and together with thousands of well-known citizens 
 proceeded to the Union Depot ; and, when the train bearing 
 the champion of the people's rights rolled in, shouts and ap- 
 plause rent the air. The route of march being taken up, the 
 enthusiasm all along the line was spontaneous and tremen- 
 dous. Handkerchiefs were waved by fair hands at all the win- 
 dows, and fireworks were almost continuously displayed from 
 one end of the route to the other. 
 
 " Dr. Swinburne returns to us much improved in health and 
 appearance, having almost totally recovered from the fit of 
 sickness with which he was prostrated last spring. He comes 
 back to his much-loved city, fresh and with all his old-time 
 vigor, ready and willing to carry on the conflict against rinc^s 
 and corruption, now, as of yore ; and if the demonstration of 
 Thursday evening may be taken as a criterion, he is sure to 
 
282 A TYPICAL AMERICAN. 
 
 find ready allies in the people of Albany to push to comple- 
 tion the good work which he has undertaken to perform. 
 Let us hope and trust that he will long be spared to our citi- 
 zens, and that he will shortly witness the downfall of the 
 ring-masters and their henchmen, who plotted and planned to 
 rob him of his hard-earned victories." 
 
CIIAPTKR XVIII. 
 
 ELECTED TO CONGRESS. 
 
 A Believer in the Republican Platform. — R(!ceivc(I with Deafening Cheers. — 
 Why Nominated for Conjjtrcss. — Wliat the Independent Press said. — All 
 Factions united. — As Incorruptible as Independent. — A Brilliant Victory 
 and Disgusted Democrat. 
 
 Relieving thoroughly in the principles of the Republican 
 party as enunciated in the platform of the Chicago convention 
 of last year, Dr. John Swinburne believed it his duty to take 
 an active part in the triumph of these principles, and the 
 election of the men the convention had chosen as representing 
 them. He felt it a duty every citizen owed the state and 
 nation to labor for the best form of government, and for the 
 party representing the best interests of the American peo- 
 ple at large, and the protection of American industries, and 
 promptl}^ declared his allegiance and active sympathy, which 
 meant aggressive work. No other course was expected from 
 him, as all his labors in times of peace and war had been 
 honestly directed to the perpetuity of republican principles, 
 and for the good of the people at large. On his return from 
 the West, the marshalling of campaign clubs had commenced, 
 and the people were preparing for the bloodless but important 
 battle of the ballot. In no part of the State was a more in- 
 tense feeling growing than in the capital city, the residence 
 of the Democratic candidate for President, Gov. Cleveland, 
 and the home of the leader of that party, the present secretary 
 of the treasury. In this county, with a Democratic majority 
 of over three thousand, and all the advantages to be derived 
 from the State offices (except one department) being in the 
 hands of the opposition, the Republicans of the district real- 
 ized they had a hard struggle before them to even hold their 
 own in the conflict, but determined to make the best fight 
 
284 A TYPICAL AMERICAN. 
 
 possible, and wisely looked around for the best man to open 
 the campaign and unite the discordant elements. There was 
 no question as to who that man should be ; and, when the 
 first grand rally was decided on, the " Fighting Doctor " was 
 invited to preside. On the evening of Aug. 6 the meeting 
 was held, and addressed by Hon. J, C. Burrows of Michigan 
 and Ex-Gov. W. M. Stone of Iowa. Of that meeting the 
 " Express " said, — 
 
 "As Ex-Mayor Swinburne, who had been selected as the 
 presiding officer, came upon the stage, the immense crowd 
 whicii filled every available inch of space sent up a deafening 
 cheer which shook the building, the doctor bowing his ac- 
 knowledgments. The programme at first arranged was for 
 both Hon. J. C. Burrows and Ex-Gov. W. M. Stone to speak 
 in the hall ; but the great mass of people who could find 
 no accommodation within the walls of Music Hall, and had 
 assembled outside, clamored so loudly, that Mr. Stone con- 
 sented to address them, and left the hall for the street. 
 After Sullivan's Tenth Regiment Band, which had secured 
 places in the gallery, had played " Hail, Columbia ! " and the 
 " Red, White, and Blue," Mr. Burlingame called the meeting 
 to order, and said, — 
 
 " ' We are met this evening for the purpose, not only of ratifying the 
 nominations of the Republican National Convention for President and 
 Vice-President, but also to give expression to some of the many reasons 
 why those nominees should receive the cordial support of the people : in 
 short, to give expression to some of the many reasons why the party that 
 has been in charge of the affairs of the nation for the last four and twenty 
 years, and within that time has written into our national history the 
 grandest achievements of modern times, should be still further trusted 
 and continued; in other words, why the principle that is invoked for 
 civil-service reform, in behalf of individuals who serve the government 
 faithfully, should have the broadest and most complete fulfilment in 
 continuing in power the party that has done all things well. It affords 
 me great pleasure, upon this occasion, to present to you, as your presiding 
 officer, a gentleman well known to you all, — one who has labored in our 
 niidst for his fellow-man, and who in his political duties knows only 
 the people's interests. He comes to us to-night, not as a partisan, but as 
 an independent citizen, who with us believes that' the true interests of 
 the American people will be best promoted by the election of James G. 
 Blaine for President, and John A. Logan for Vice-President, of the United 
 States. I present to you the Hon. John Swinburne.' 
 
ELECTED TO CONGRESS. 285 
 
 "The applause and cheers pjreetinc^ the ox-mayor was con- 
 tinued for some minulcs, uiid at its (■,on(;liision the docUjr 
 sai(,l, — 
 
 '* ' Fkllow-C'itizicns and FuiKNDfl, — For this conli.il and enthuRiaAtic 
 greetiiif,' I have no words to express my feelings. I tliaiik you for the 
 honor you liave done nie in calling upon ine to preside over this large 
 gathering of our citizens. During my absence in the Far ^^'est I have 
 seen an earnest and enthusiastic uprising of tlie people in favor of the 
 election to the management of our government of those who favor protec- 
 tion to our industries against foreign competition, and the protection alike 
 of all citizens of tlie United States, wlierever born, while in the perform- 
 ance of any lawful duty. I am glad, upon my return, to find a like spirit 
 manifested here ; and, while I shall leave to other and more eloquent 
 tongues the defence of principles and the advocacy of candidates, I con- 
 gratulate you upon the auspicious signs indicating the election of Blaine 
 and Logan, and the continuance of good government through an honest 
 expression of the people's wishes, unembarrassed by repeaters liere or 
 shotguns elsewhere. Again thanking you for your confidence, I await 
 your further pleasure.' " 
 
 The "Evening Journal," in speaking of this meeting at 
 Music Hall, said, — 
 
 "Notably was the reception of Mayor John Swinburne 
 when he made his appearance upon the stage to preside. A 
 storm of applause swept through the vast auditorium, and 
 lasted several minutes. Such a tribute to a citizen was 
 remarkable." 
 
 In their former struggles, the citizens rememi)ered how 
 their efforts for good government in local affairs had been 
 frustrated by fraud at the ballot-box, and determined to place 
 their chosen leader in the field, to represent them in national 
 affairs; and hoped' the presence of the United-States mar- 
 shalls at the polls would secure a fair vote and count. The}^ 
 remembered that when they, in 1882, placed Dr. John Swin- 
 burne in nomination for mayor, the Republican City Conven- 
 tion, after some hesitation, cfeclined to name a candidate, but 
 recommended Dr. Swinburne for indorsement. They remem- 
 bered the fraudulent count, the litigation that followed, and 
 the final success. When the ring counted in their candidate, 
 and he assumed the office of mayor, the new city charter, passed 
 but a short time previousl}-, provided that the various offices to 
 
286 A TYPICAL AMERICAN. 
 
 be filled by the mayor should be so filled within two months 
 after the commencement of his term of office. Mayor Nolan 
 entered upon the duties of the office which had been awarded 
 him by the canvassing-board on the first Tuesday of May, 
 1882, and proceeded to nominate or appoint the city officers 
 and heads of the several departments from among his per- 
 sonal and political friends. When, therefore, in the latter 
 part of June, 1883, Dr. Swinburne assumed the duties of 
 mayor, he found all the departments filled with those who 
 had no sympathy with him, or with his economical methods, 
 and a board of aldermen unwilling to co-operate with him in 
 his efforts for municipal improvements and the curtailing of 
 expenditures ; the carrying-out of which had been his motive 
 in accepting the nomination to the office of mayor. Daring 
 his brief term, with the zealous and efficient aid of his chosen 
 counsel to the corporation, the Hon. Henry Smith, Dr. Swin- 
 burne was enabled to do much toward a curtailment of the 
 city expenses and the correction of abuses heretofore existing. 
 He caused a thorough investigation of the affairs of the poor- 
 department ; and, satisfied that these had not been managed 
 either in the interest of the city or the deserving poor, he sus- 
 pended from office the superintendent thereof, and stated his 
 reason to the commission of aldermen provided by the char- 
 ter, who failed to sustain his action, evidently more in the 
 interests of their party than of the public good 
 
 One of the abuses long prevalent in the city government 
 was the establishment of the grades of streets by piecemeal, 
 and because of the demands of officials or residents in accord- 
 ance with their ideas at various times. The result of this 
 course was an uneven and irregular grade of the street within 
 short distances; and the mechanic who had by his industry 
 purchased a lot beyond the paved portion on any of the 
 streets, and built thereon his humble home, conforming his 
 building to the grade of the street below him, would not un- 
 frequently find that when the grade was fixed for his block, 
 his house was either stilted many feet above the street level, 
 or his first floor was depressed far below it, thus destroying 
 the beauty and comfort of his home, and forcing upon him a 
 
ELECTED TO CONGRESS. 287 
 
 consitlerablo expense. Dr. Swinburne at once took measures 
 to correct this abuse. lie caused j^nades to be made and es- 
 tablished for all new streets for their entire length, so that 
 all those who might build beyond the graded and paved por- 
 tions might know just where their street-grade would be 
 when improvements where made: he caused, also, complete 
 maps to be made of tlie sewers and drains of the city, showing 
 their location, size, dip, and of what material constructed. 
 This was a step in the direction of improvement in the system 
 of drainage of the city, followed by earnest, but ineffectual, 
 efforts to secure the co-operation of the city fathers in a plan 
 suggested by him for constructing large main drains in the 
 principal arterial streets, sufficiently ample to carry off the 
 surface waters from the large amount of water-shed west of 
 Eagle Street, during the season of heavy rainfalls ; this being 
 desirable, not only for sanitary reasons, but because the large 
 damages so frequently adjudged against the city for overflows 
 consequent upon inadequate sewers, would thus be saved. 
 Since the retirement of Dr. Swinburne, his plans have to 
 some extent been adopted, and a portion of these main sewers 
 have been ordered. Much attention was given by Mayor 
 Swinburne to the question of an ample supply of pure and 
 wholesome water; but here, again, political, professional, 
 and personal jealousies prevented the accomplishment of his 
 wishes, and, in direct opposition to his views, a bill was passed 
 by the Legislature giving to the effete-water board power to 
 expend four hundred thousand dollars for increasing the sup- 
 ply of river-water. So objectionable has this plan appeared 
 to the citizens of Albany, that, in a year after its adoption, 
 aldermen and people were ciying with one voice for some re- 
 lief; and a bill was introduced this j-ear authorizing an expen- 
 diture of ten thousand dollars to ascertain if some other plan 
 may not be secured. Well would it have been if the sugges- 
 tions of Mayor Swinburne had been adopted: that new life 
 be infused into the water-board, that they be em[)Owered 
 to seek other supplies than that from the river, and that all 
 plans adopted by them should first secure the approval of 
 the Common Council before havinsf binding effect. 
 
288 A TYPICAL AMERICAN. 
 
 It fell to the lot of Mayor Swinburne but once to have 
 control over the tax lev}' ; but it will be remembered by all 
 Albanians how wisely he acted upon that occasion, vetoing 
 or reducing extravagant appropriations for parks and other 
 purposes, so that even the Common Council sustained his 
 action, and the tax budget was reduced by twenty-five thou- 
 sand dollars by his action. This budget, although levied for 
 the support of the city for fourteen months, was nearly sixty 
 thousand dollars less than the one levied for the subsequent 
 year for but twelve months. 
 
 Dr. Swinburne held the office of mayor but little over 
 ten months, terminating May 6, 1884. He had, however, so 
 impressed upon the city officers the importance of an econom- 
 ical administration, that the tax levy to provide means for 
 the city expenses from August, 1883, to Dec. 31, 1884, a 
 period of sixteen months, was at the rate of sixty-three 
 thousand dollars per month ; while that for the twelve subse- 
 quent months was at the rate of seventy-nine thousand dollars 
 per month. It was unfortunate for the citizens and tax- 
 payers that he was not given the certificate of re-election 
 for a full term, to which many believed he was justly entitled 
 by the voice of the people. 
 
 The administration of Mayor Swinburne, brief as it was, 
 showed his great power in the management of public affairs; 
 and these, with other considerations, induced the Citizens' 
 Association to nominate him, by acclamation, for Congress. 
 
 The "Citizen," in announcing the nomination of Dr. John 
 Swinburne for Congress by the Independent Citizens' Asso- 
 ciation, said, — 
 
 " The convention of the Citizens' Association, held in this 
 city on Wednesday, the 24th inst., was very successful, both 
 in the harmony which prevailed and in the results of its 
 deliberations. Of course, ere this paper has reached the 
 reader the action of that convention has been spread broad- 
 cast over the county. 
 
 "The nomination by acclamation of Dr. John Swinburne 
 for member of Congress was a moral and political necessity. 
 In his person is represented the reforms inaugurated by 
 the people ; and his ceaseless combat against the rings and 
 
iolk(;tfoi) to congress. 289 
 
 machines which have contiollcd municipal affairs has made 
 him a iiotuhlo figure in the polities of the county. While 
 in the ranks of the C'itizens' Assoeiaticni can he fcnnid num- 
 bers of citizens fully competent to (ill any office in the gift of 
 the people, yet it was [)ie-eniinently pi'oper that tlie tried and 
 trusty champion of the people's battles should again put on 
 liis armor, and enter the lists against the contingent of the ring. 
 What need is there of words of praise of Mayor Swinburne? 
 What honest heart in this whole county does not thrill at 
 the mention of his name? Praise of him and of his deeds 
 would be superlluous. The nomination was indeed a well- 
 deserved recognition of the invaluable services he has rendered 
 to the people. No political machine, no cut-and-dried bargain, 
 no scheme of trickery, secured that nomination. It was a 
 natural and spoi.taneous movement of the people. The man 
 who has devoted the best years of his life to the aid of his 
 fellow-creatures could not be, and is not, forgotten by them. 
 Base, indeed, would be the ingratitude of the community 
 were the name and merits of Dr. Swinburne, even for a 
 moment, overlooked. His nomination at this time is signifi- 
 cant, and shows that the same aggressive policy of the people's 
 party is to be adopted. With Mayor Swinburne as a eandi- 
 date, no other policy is possible. The cliques and gangs, and 
 political machines of all kinds and classes, must take note 
 that they will have to sustain the same vigorous attacks made 
 by him in previous campaigns. 
 
 "• This time that portion of the county lying outside of the 
 city will be heard from. The farming classes, and the residents 
 of West Troy and Cohoes, will, for the first time, have an 
 opportunity' to display their sentiments by heartily sustaining 
 the popular candidate. His name is powerful in those places. 
 His record is as well known to them as to us ; and, unless all 
 signs of the times are fearfullj^ deceptive, his vote outside of 
 the city will be unparalleled. We congratulate the Citizens' 
 Association on the wisdom of their nomination. The man 
 who almost alone in the city government attacked the ring, 
 and protected the treasur}^ will do ample justice to the people 
 at Washington. Reforms instituted here Avill be carried into 
 the national councils. 
 
 " With half an effort our next Congressman will be John 
 Swinburne ; and, with a united and systematic support, the 
 election returns will scarcely show that his opponent is in 
 the race. Let the people see to it that their own candidate 
 is borne into a seat in the House of Representatives by an 
 overwhelming majority." 
 
290 A TYPICAL AMERICAN. 
 
 The " Press and Knickerbocker," also Independent, in- 
 dorsed the nomination in this manner: — 
 
 " The county convention held by the Citizens' Association, 
 Wednesday, acquitted itself handsomely. It made most ex- 
 cellent nominations, and set an example to the other like con- 
 ventions, yet to be held, worthy of emulation. The ' Press 
 and Knickerbocker ' asks for nothing more than the nomina- 
 tion of such men, believing that the voters will exercise a 
 discriminating judgment, and, despite party lines, elect the 
 right men. In selecting Dr. Swinburne for Congressman, 
 we think we voice the sentiment of the people of this dis- 
 trict when we say he is the right man for the place. Firm 
 and inflexible in integrity, with a reputation for honesty so 
 high that professional lobbyists will be unable to overreach 
 him, he would, if elected, fill with credit the place once filled 
 by such men as Daniel D. Barnard, from this district." 
 
 In taking these quotations from Independent journals, we 
 desire to add that they were not what was known during 
 the last campaign as Independents in bolting the Republican 
 nominations, and had no affiliation with the then so-called 
 Independents. 
 
 In presenting the name of Dr. Swinburne to the Republi- 
 can Convention for indorsement as the nominee for Congress, 
 Mr. Clifford D. Gregory said, — 
 
 "I rise to exercise a high and valued privilege of nominat- 
 ing a candidate for member of Congress from this district, 
 who, by the pure motives which have actuated him in his 
 private life, and the sound and humane principles which 
 have controlled him in his public career, appeals directly and 
 powerfully to the popular heart. I desire to present to your 
 consideration the people's choice, and defrauded mayor, Dr. 
 John Swinburne. With marked ability and unflagging zeal 
 he has presided over this municipality. During his brief 
 term of office he devised many salutary measures of reform, 
 which proved of great economic and sanitary value to the 
 people. One of the most important is the improvement in 
 the system of sewerage. Mayor Swinburne also caused to 
 be established a uniform grade for streets and buildings in 
 the western portion of the city ; and, thanks to his adminis- 
 tration, a map is now contained in the office of the Com- 
 mon Council, to which all changes in the grades of streets 
 
ELECTED TO CONGRESS. 291 
 
 must conform. Tlio absence of sii(;li a system lias hereto- 
 fore proved disastrous to [iroperty owners in many parts of 
 the city. 
 
 "During Swinburne's t(!rm of ten montlis, tbe expenses of 
 tbe city parks were reduced several thf)usan(l dollars. This 
 was due 8im[)ly to the rigid application of rules of economy. 
 Did not the f)arks look as beautiful, and was not the pleasure 
 afforded by them just as great? A competent and. reliable 
 Democratic authority has aflirmed that never in the history 
 of Albany has there been so great economy and care dis- 
 played in the administration of the city as during the too 
 short period that Swinburne directed its affairs." 
 
 Notwithstanding the dissensions in the Republican party, 
 both wings recognized the necessity of a strong candidate ; 
 and that to overcome the large Democratic majority, the 
 heavy corruption-fund used in the district, and the popu- 
 larity of the Democratic candidate, they must have as their 
 nominee a gentleman of tried integrity, whose character was 
 above reproach, and who had the confidence of the masses. 
 Under these circumstances, and the necessities of the times, 
 all factional differences were put aside, and by acclamation 
 the " Fighting Doctor " was made the standard-bearer of the 
 party for the nineteenth district, and the political fight opened 
 in earnest, only one paper in the city having an}^ thing to say 
 against him. During this campaign, as well as the preceding 
 canvass for the mayoralty, it was pretty well understood that 
 the very intimate relations existing between the editor of 
 that journal and a certain doctor, with whom Dr. Swinburne 
 had crossed professional swords in previous years, had much 
 to do with the attacks on the Republican nominee ; while, in 
 the local department, the abuse in that paper was generally 
 supposed to be actuated because of the relationship existing 
 between the local editor and a physician whom Dr. SwLu- 
 burne had professional!}^ silenced. 
 
 Not only was he supported heartily by all the Republican 
 and Independent papers in the district, but by the Republi- 
 can and Independent papers in the neighboring counties. 
 The " Troy Budget,'' edited by Ex-Senator MacArthur 
 said, — 
 
292 A TYPICAL AMERICAN. 
 
 "Dr. Swinburne of Albany, the 'Fighting Doctor' as he 
 has been not inappropriate!}" termed, is the unanimous choice 
 of the Repul)licans of the Albany district for Congress; hav- 
 ing been nominated by the conventions of both wings of the 
 party there. The doctor has a wonderful popularity in the 
 city of Albany, and the presence of United-States officers at 
 the ensuing election will prevent any repetition of the fraud 
 which resulted last spring in hoisting Mr. Banks into the 
 mayor's chair. Although a Democratic district, there is so 
 much dissatisfaction with the machine tactics practised by 
 Mr. Manning's heelers .and Dr. Swinburne has such a large 
 personal following, that, with the Republicans thoroughly 
 (- roused and united, there appears to be no good reason why 
 the Republican candidate should not be elected. His labors 
 for reform, his great and unpaid exertions in the cause of 
 humanity, his services to his country in the field, the fact 
 that it is on record in the courts that he was once counted 
 out for mayor, and the strong probability that he was cheated 
 out of that office a second time, — all give him a strong hold 
 on popular sympathy, and inspire strong hopes of his elec- 
 tion." 
 
 The " Troy Evening Standard," the independent organ of 
 the workingman, in an article on the nomination of Dr. 
 Swinburne, said, — 
 
 "The doctor has positive ideas; and these are not hidden 
 under a bushel, but are almost as well known as his acts of 
 charity and deeds of philanthropy. His nomination came 
 from the people, because he was of the people. His whole 
 life has been one of continuous study of how to better hu- 
 manity. In the practice of his profession, his patients have 
 been all classes, from the sumptuous home to the lowly hovel ; 
 and so widespread has become his renown, that, on his recent 
 return from the West, his reception by the masses was an 
 ovation such as was never before tendered any man in the 
 city of Albany. The claims of Dr. Swinburne to an election 
 to Congress are greater than those that could be advanced 
 by any other man in the district. Coming to this part of the 
 State, he opened his free dispensary in the city of Albany 
 seven years ago, where the sick, wounded, and disabled have 
 been cheerfully treated, to the number of over sixty-five 
 thousand, besides over thirty thousand poor who did not 
 desire to have their names on the register; and there is not 
 a street in the city where his carriage has not been seen 
 
ELECTED TO CONGRESS. 293 
 
 hastening to the call of the suffering, with the same alacrity 
 to tlio ]ioorest dweller in the sonth(!rn j)art of the city as to 
 Ten Pn'oeck Street. A man (jf (juick ol).servation and syrn- 
 patlietic nature, he discerned tlie corru[)tion of th(! city 
 government, and the way the people were oppressed, and 
 reluctantly consented to run for mayor. The popular vote, 
 twice electing hira to the office, demonstrated how tlie 
 poorer elements recognized in him a friend, whom neither 
 bribes nor threats could induce them to desert. Again the 
 people have called him to come up higlier in affairs oi" State, 
 and have nominated him for Congress. Can there be a pos- 
 sible doubt as to the duty of workingmen in deciding 
 whether they shall vote for him, opposed as he is and has 
 been by every corrupt political ring in the district, or for 
 his opponent? The great issue before the voters is protec- 
 tion to American industry or free trade to foreign pauper 
 labor. On this issue Dr. Swinburne is a pronounced protec- 
 tionist, who believes not only in a revenue, but a tariff that 
 will protect the American manufacturer and laborer. He 
 does not believe in a tariff for revenue only; but that, if a 
 large surplus over the incidental expenses of government 
 should accrue from a protective policy, it can and should be 
 employed in j^ublic works and improvements that would give 
 work to the unemployed in times of distress, and thus elevate 
 the dependent, rather than degrade them by poverty or pau- 
 perism. All matters of public policy the doctor is thoroughly 
 conversant with ; and, not being au office-seeker, his views are 
 not twisted to suit the caprice of partisanship, but are formed 
 for the best interests of the nation at large. Liberal in views, 
 sound in judgment, honest in his transactions and intentions, 
 patriotic in his motives, and charitable to such an extent that 
 he is hated by the penurious. Dr. Swinburne should be 
 elected. He deserves the votes of all fair-minded men. As 
 he was faithful in the discharge of the duties imposed upon 
 him by the electors of Albany, so will he be faithful in the 
 enlarged sphere of national law-making usefulness.*' 
 
 Of the nomination, the "Press and Knickerbocker" said, — 
 
 " Dr. John Swinburne has accejited the nomination for 
 member of Congress by both the Republicans and the Citi- 
 zens' Association. His letters of acceptance are brief and to 
 the point. Every voter in this congressional district must 
 know that Dr. Swinburne would make a faithful representa- 
 tive. He fully understands that the peo[ile of the counti-v 
 have not been faithfully and truly represented in tlie House 
 
294 A TYPICAL AMEKICi?kN. 
 
 of Representatives, and that they have become dissatisfied 
 and restless." 
 
 The Albany " Morning Express " (Republican), in com- 
 menting on this extract from the "Press and Knickerbocker," 
 said, — 
 
 " This is an unbiassed opinion of Dr. Swinburne's qualifica- 
 tions from an independent standpoint. It is also a correct 
 view of the action of the Democratic majority in the last 
 House of Representatives, in making a party issue of the at- 
 tempt to inaugurate the free-trade policy by the passage of 
 the Morrison twenty-per-cent reduction bill. Four-fifths of 
 the Democrats in Congress voted for that bill. Nothing is 
 surer than that the complete control of the legislative and 
 executive departments of the government by the Democrats 
 will insure the passage of that or a similar measure. This 
 threat to break down our manufacturing interests has already 
 operated disastrously. Capital has been frightened from in- 
 vestment in that class of industries, mills have been closed, 
 and operatives have been thrown out of employment. 
 
 " The Democratic majority in the House refused to pass 
 a bill to put our seacoast cities in a condition of defence ; 
 because they were so determined that there should be no need 
 for a surplus in the treasury, beyond the ordinary expenses 
 of the government, and consequently no necessity for a pro- 
 tective tariff, that they are willing to leave Boston, New York, 
 Philadelphia, New Orleans, and San Francisco at the mercy 
 of any first-class hostile power, to be battered down by their 
 modern armaments while lying safely beyond the reach of 
 our ancient guns. 
 
 "Dr. Swinburne does not belong to that class of statesmen. 
 He believes in the policy of protecting the wages of labor 
 from foreign competition. He believes in the wisdom of 
 putting the country in such condition of defence as to place 
 us at least beyond the contempt of foreign powers, in case of 
 their refusal to redress wrongs inflicted on our citizens abroad, 
 or their attempt to interfere with the rights of independent 
 States on this continent. He has given evidence of his loy- 
 alty by his services and sacrifices in the war for the Union ; 
 and of his desire for good government by his civil services as 
 chief magistrate of this city. He has endeared himself to the 
 poor and the suifering by his gratuitous professional services. 
 His popularity has twice broken down the Democratic major- 
 ity of Albany, though cheated out of his office a part of one 
 
ELECTED TO CONGRESS. 295 
 
 torm and all of another by Democratic frauds in the count. 
 He cannot bo thus cheated this time, under the Federal elec- 
 tion-laws ; and an earnest and united effort by the opponcjnts 
 of the Demoei-atic ring-rnle in Albany will insure his ehiction 
 by a decisive majority. Every tax-payer and rent-payer wlio 
 feels that he has been swindled by the corrupt ring now in 
 control will help to crush it by voting for John Swinburne." 
 
 It was well understood throughout the State that there 
 were local differences in the Republican party in Albany, 
 which threatened, as they had often done before, to result in 
 the defeat of the candidates. Of these differences the " Ex- 
 press " said, on Oct. 6, — 
 
 " The nomination of Dr. Swinburne for Congress by the 
 Republican Convention, on Saturday, will undoubtedly be 
 indorsed by the convention to be held under the auspices of 
 the other committee. So that, although the Republicans of 
 Albany are divided on a question of organization, they will 
 not be divided on a question of nomination. 
 
 "Dr. Swinburne is both a professional man and a working 
 man. The people of Albany know him in both capacities. 
 He is eminent as a physician, but he is equally eminent as a 
 friend of the poor. There is where his phenomenal strength 
 lies. The poor are grateful to him for his unnumbered and 
 unrewarded professional services. He is also a many-sided 
 man, in his adaptability for usefulness in politics as well as in 
 professional life. He has great executive capacity. Albany 
 never had a better mayor. His honesty was not of that 
 negative character that permitted others to do the stealing. 
 Obstinately honest himself, he enforced honesty on his sub- 
 ordinates. He stopped the leaks in the city treasury wherever 
 his power reached, and saved the money of the people more 
 guardedly than if it had been his own. He made enemies, 
 for this reason, among the profligates and spendthrifts ; but 
 the people became his friends. The}^ will stand by him now. 
 His popularity has broken down the Democratic majority in 
 this city on two occasions, and he will do it again. The citi- 
 zens of Albany, and the farmers of Albany County, want just 
 this kind of sturdy economist at Washington. With proper 
 effort his election is assured." 
 
 And on the 11th the "Express" again said, — 
 
 " By acclamation, and by unanimous vote, the ' Fighting 
 Doctor ' was yesterday nominated as the Republican candi- 
 
296 A TYPICAL AMERICAN. 
 
 date for Representative in Congress from this, the nineteenth, 
 district of our State. We had supposed the convention 
 would show that great good sense. The doctor is able, and 
 has shown wonderful popularity in this city, where he has 
 been twice elected mayor, and once accorded the office, not- 
 withstanding the frauds perpetrated by Democratic inspectors, 
 with the expectation of keeping him out. This year, as we 
 remarked yesterday, Federal inspectors will have sometliing 
 to say about the vote cast for Dr. Swinburne for a member 
 of Congress. That business will not be left entirely to the 
 Manning machine inspectors. Every man's vote will be prop- 
 erly counted and properly placed. There will be no foolish- 
 ness this time. Let Republicans vote as they expressed 
 themselves yesterday, and Dr. Swinburne's election will be 
 assured. The direct choice of two conventions, opposed to 
 the machine and to the machine rule, why should he not be 
 elected? 
 
 " That the ' Fighting Doctor ' has lost none of the popu- 
 larity which he has displayed in so marvellous a degree in his 
 two contests for the mayoralty of the city is most evident. 
 Go into the strongest Democratic wards of the city, and you 
 will hear his praises most loudly sounded. Dishonest inspect- 
 ors of elections, and the money so freely expended by Demo- 
 cratic candidates, prevented the doctor from receiving the 
 certificate of election as mayor last spring; but this fall 
 the election for member of Congress will be conducted under 
 Federal laws. United-States supervisors and marshalls will 
 be at their posts in each election-district, and an honest count 
 will be insured. There will be no fooling with the returns 
 this time. There are hundreds of Democratic voters in this 
 city who can be neither coaxed nor bribed to vote against 
 Dr. Swinburne. He has helped them and their friends in 
 distress, and they are too honest and manly to forget the fact. 
 And this time their votes will be properly counted and scored. 
 The Democratic inspectors of election will not have things en- 
 tirely their owu way in this city next month. 
 
 " On the 4th of November next the people of Albany will 
 decide whether or not they desire a continuance of ring-rule. 
 With the 'Plighting Doctor' at the head of the county ticket, 
 it will, indeed, be a strange thing if victory will not perch 
 upon our standard. To accomplish this result, it is necessary, 
 of course, that our brethren should work in harmony, march- 
 ing upon the enemy's rank with an aggressive, unbroken 
 
ELECTED TO CONGRESS. 297 
 
 coluimi. 'I'liat (liis end will he attained we have no donht ; 
 and, the battle entered upoti under these fuvnrahhj auspices, 
 we feel confident of victoiy. Honest, fearless, manly John 
 Swinburne will lead the way." 
 
 The nomination again of the do(;tor was hailed by tlie 
 people as an omen of coming victory and trinmjjh of I'iglit, 
 so far as tlie county of Albany was concerned ; and, although 
 the majoiity to be overcome seemed to anxious people almost 
 impossible of accomplishing, yet the name of the never van- 
 quished Dr. John Swinburne infused anew hope, and inspired 
 a new life, that once more Albany would do her duty to the 
 nation, as it did in the great struggle of years before. It 
 was a repetition of the feeling of April, 1861, when men 
 doubted how New York would stand in the Rebellion. The 
 nomination of the doctor settled the question for the popu- 
 lace of Alban}^ as did the appearance of the first regiment 
 in New York on its way to Washington for New York. On 
 that occasion, as the regiment emerged from the Astor House 
 with bayonets gleaming in the spring-day sun, and the column 
 moved to the tune of "Yankee Doodle," a slight murmur of 
 applause was heard, like the whispers of a gentle zephyr, 
 which, in a few moments, had grown to a deafening cheer 
 from the thousands that lined the streets, silencing all other 
 sounds, and driving away all the clouds of doubt which had 
 hung over the possible action of New York in the coming con- 
 flict. At the first announcement that the " Fighting Doctor " 
 was in the field, there was a ripple of approval, and the 
 questions were asked, " Is it possible for him to win ? How 
 near can he come to victory?" In a short time the rippling 
 stream became a rushing torrent, carrying every thing before 
 it ; and, wherever the doctor made his appearance in a 
 public gathering, a spontaneous burst of enthusiasm greeted 
 him, leaving no sound to be heard for a time but its own 
 reverberation. An instance of this popular feeling of hope 
 and confidence was shown at a mass meeting in the Hudson- 
 avenue tent on the evening of Oct. 24, when the Hon. 
 Alexander Sullivan, the brilliant Irish orator, was addressing 
 a multitude on the issues of the campaign. The Swinburne 
 
298 A TYPICAL AMERICAN. 
 
 Guards had escorted their eloquent countryman to the tent 
 where he \A'as to deliver his address, and then returned for 
 their " boss," as they called the doctor. On arriving at the 
 tent, a cheer rent the air, such as the speaker said he never 
 heard before, and wondered how it escaped without ripping 
 the tent into threads. The cause of this outburst perplexed 
 him for a time, as he had never before seen the doctor. 
 
 In speaking of that meeting and the doctor's appearance 
 on the platform, the " Express," on the following morning 
 said, — 
 
 " The banker, the broker, the lawyer, and the merchant 
 mingled with the sturdy sons of toil, and all seemed de- 
 lighted with the incisive aphorisms and unanswerable argu- 
 ments of the talented and eloquent young leader. We said 
 there were no interruptions. In that respect we slightly erred. 
 There was an outbreak during Mr. Sullivan's address, but it 
 was not a Democratic one. It occurred after the meeting had 
 progressed somewhat, when Dr. Swinburne, pufhng from 
 overhaste and exertion, had emerged from the side-wings, and 
 taken a seat in the front of the stage. When his genial, 
 kindly face was recognized, the whole audience rose en masse, 
 and a roar which would have drowned that of a hurricane 
 greeted the war-horse. This, however, was only an episode 
 of the meeting ; and, barring that, every thing was conducted 
 in the most orderly fashion." 
 
 The interruption consisted of three times three cheers and 
 a tiger for the doctor. 
 
 In the issue of Oct. 29, under the head of " A Man to be 
 elected," the "Evening Journal" editorially said, — 
 
 " That high sense of fair play which dwells deep down in 
 the heart of every American citizen should elect Dr. John 
 Swinburne to Congress. Twice he has been a candidate for 
 mayor of Albany. Once he was counted out, and the courts 
 were compelled to give him his due. The second time his 
 competitor was seated by a bare majority, and grave doubts 
 exist to this day if he had any majority at all. 
 
 "The brave man — in fact, the only man — for the emer- 
 gency, in overthrowing local misrule, was Dr. John Swin- 
 burne. His active mind, his intelligent judgment, and his 
 brave heart led the fight, and conducted it to a successful 
 termination. It is not too mucli to say that it was a public 
 
KI.ECTED TO CONGRESS. 299 
 
 calamity that he was not se.ated for a second term. fla<] lio 
 been mayor of Albany, no political organizations of either side 
 would have dared to occupy and to destroy public property. 
 Dr. Swinburne would not have been the partisan that Mayor 
 lianks has proved hiinscilf to be. Nor would he have sneered 
 at tax-payers, and snaf)ped his fingei's in their faces. Nor 
 would ho have promised to right a wrong, and failed to keep 
 his promise. No triller with the public, no subservient instru- 
 ment of any politician, or ring of politicians, is Dr. Swinburne. 
 He is as incorruptible as he is independent. 
 
 "If Republicans will do their duty faithfully and earnestly. 
 Dr. Swinburne will be elected. His following embraces many 
 men who do not belong to the Republican party, many of 
 whom will throw a Blaine with a Swinburne ticket." 
 
 On Nov. 3 the " Press and Knickerbocker " (Indiana) 
 said, — 
 
 " The voters in this congressional district can make no 
 mistake by voting for Dr. John Swinburne to represent them 
 in the next Congress. He is a man of the highest integrity. 
 No swindling lobbyist can tamper with him, or swerve him 
 from a faithful discharge of his duties. He is sound on the 
 tariff and the great labor question. All his life he has been 
 the friend of the poor, and has given the best years of his life 
 in service for the amelioration of their condition. He under- 
 stands fully the wants and the needs of the industrials of the 
 country. His sympathies have always been with the people, 
 as against political rings. He has never been a candidate of 
 theirs for any public office, for the reason that they knew 
 they could not control his action. He is one of the most 
 brainy men ever nominated for that office from any district in 
 this State, and would wield an immense power in Congress. 
 One sentence from him on any public question would have 
 more weight than columns of sophistr}^ from political dema- 
 gogues. And he would always vote right. In short, he is 
 just the man to send to Congress at this time, when men of 
 integrity and ability are so much needed in that body." 
 
 The campaign was one of the most bitter ever contested in 
 the county of Albany. Men holding positions in the State 
 departments, under Democratic officials, were under a system 
 of espionage, where their loyalty was in any degree questioned. 
 Intimidation was resorted to, threats indirectly made, and 
 every effort devised to rob men of their manhood, and reduce 
 
300 A TYPICAL AMERICAN. 
 
 them to political slavery. Albany was the home of the Dem- 
 ocratic leader, Mr. Manning, who had made Gov. Cleveland 
 the nominee of his party for President. Gov. Cleveland, it 
 was ordered, must have the regular majority increased at any 
 sacrifice. Coming into the capital city with a majority in 
 Albany County in 1882 of 9,432, and having resided there up 
 to the time of election, with all the influence that his patron- 
 age was supposed to secure, the Democratic leaders would 
 figure no majority lower than 6,000, and boasted it would be 
 10,000. For Congress the Democratic nominee was a gentle- 
 man with a popularity second to no man in the part}^ in the 
 county of Albany ; and so confident were the leaders of the 
 party, that they were willing, the evening before election, to 
 wager odds on his election by a handsome majority. 
 
 But the elements of reform were at work in the county; 
 and, by scores and hundreds, men who had always voted with 
 the ring were leaving the partj^ and coming over into the 
 Republican ranks, while hundreds of others, who would vote 
 the head of the Democratic ticket, were determined to and 
 did vote for Dr. John Swinburne for Congress. In one of 
 the strongest wards in the city, the third, was organized the 
 " Swinburne Guards," composed of independent Irishmen, 
 who had always been in the Democratic ranks ; and they were 
 seen in every Republican parade, and presented as fine an 
 appearance as any in line, and were proud of the stand they 
 had taken for principles. No other man in the Republican 
 party could have wielded such an influence as did Dr. John 
 Swinburne in that campaign. His name was a magnet that 
 drew men wherever it was pronounced ; and the very appear- 
 ance of his carriage was often the signal for cheers from men 
 and boys, while from the home of the lowly, and the heart of 
 the humblest laborer, came an honest "God bless John Swin- 
 burne." 
 
 With a united Democratic party aided by free-trade Re- 
 publicans, and an immense electioneering fand, the victory 
 of Dr. John Swinburne and the Republican ticket on that 
 November day was an eventful page in the history of political 
 contests in Albany County. 
 
K\,FAy\'VA> TO CONORKSS. oOl 
 
 The results f>f the (hiy were; the rcdiiciiig oC dow. Cleve- 
 land's majority from 0,432 in 1882 down to 047 in 1884 ; 1,059 
 less that! Hancock's majority in 1880. The majorities in 1883 
 for comptroller, of 3,634; for Senator, 3,173; for justice of 
 Supreme Court, 2,939 ; and for county clerk, 3,162, — were all 
 wiped out, and the Republican county treasurer and coroner 
 elected. The majority given Dr. Swinburne's opponent when 
 the latter ran for Congress in 1882 was 6,393 ; but this time the 
 people's friend was in the field, and the "Fighting Doctor" 
 saw his system of extension and counter-extension illustrated 
 by the pulling down at one end of the 6,398, and adding at 
 the other 2,504, as his majority for Congress, — a majority his 
 friends expect to see doubled this fall for him for governor. 
 
 As the news came in to a prominent Democratic resort, 
 where a number of leaders were anxiously awaiting the re- 
 turns, and the final footings showed all the towns for Swin- 
 burne, and that every ward in West Troy and Cohoes had 
 gone for the doctor, one of the most prominent politicians 
 cried out, in almost tones of anguish, " My God, can that be 
 so ? Well, Swinburne can be elected to any office ; and we 
 might as well throw up the sponge on him now." 
 
 After the battle, the Republicans of Albany, while regret- 
 ting that the head of the ticket was not elected, were uKire 
 than delighted with their success in the county ; and they 
 pointed with just pride to their standard-bearer and leader, 
 and felt if one or two other districts had had such a leader, 
 around whom all true citizens could have rallied, the whole 
 ticket would have triumphed. 
 
 The " Express," on Nov. 20, said, — 
 
 " What is enthusiasm ? It can be explained without a dic- 
 tionary by the masses who assembled last evening to pay 
 their respects to Dr. John Swinburne, the Congressman-elect 
 from this district. It was a spontaneous exhibition of the 
 people for the worth of one who has done more for the needy 
 poor than any other ; who for years has occupied a position 
 of trust among us. Defrauded of the suffrages of a free peo- 
 ple, his vote taken from him, and after a sturdy fight installed 
 into an office it was sought to take from him, runnins: atrain 
 for the office of mayor, defrauded by the use of thousands of 
 
302 A TYPICAL AMERICAN. 
 
 dollars," the city officials against him, the work of dishonest 
 inspectors throwing him from a position he was honestly 
 elected to, j'et still he stood to the fore; and, while not main- 
 tained by others who looked for personal aggrandizement 
 and political favors, he always remained the ' friend of the 
 people.' 
 
 " Knowing this, these people have made him their represent- 
 ative in the next (forty-eiglith) Congress from this district; 
 and last evening a reception was tendered in his honor by 
 those who stood by him through the heat of a campaign, 
 wherein it was the hope and the speech of henchmen that 
 'Dan Manning would carry Albany County for Cleveland.' 
 It was carried, we admit, by a plurality of 647 for Cleveland ; 
 while Dr. Swinburne went through with a majority of 2,500. 
 
 " It Avas not of his seeking that the reception was tendered 
 him last evening. It was the work of friends. The Capital 
 City Blaine and Logan Club, under a pledge made to the Jack- 
 sonians, a Cleveland and Hendricks campaign club, agreed to 
 act as escort in case the standard-bearer of their party was 
 elected, and it was understood they would fulfil their prom- 
 ise last evening ; but, owing to the inclemency of the weather, 
 it was agreed by both commands to postpone the parade until 
 next Tuesday evening. It was the intention of the ' Capital 
 Citys,' after fulfilling the pledge, to serenade the ' Fighting 
 Doctor,' County Treasurer-elect Battersby, and Lansing Ho- 
 taling, the elected Assemblyman from the second district; 
 and this they will carry out. 
 
 "At eight o'clock citizens generally began paying their 
 respects to the Congressman-elect, they being received with- 
 out formality in the parlors on the second floor." 
 
 On Nov. 5 the " Evening Journal " said, — 
 
 " Search the returns, by counties, of every State from 
 Maine to California, and not a single one will show so posi- 
 tive, so unexpected, and so decisive a gain as that of Albany. 
 
 " There are many reasons why Republicans to-day should 
 rejoice ; but there is no matter, we believe, for heartier con- 
 gratulation than the election of Dr. John Swinburne to Con- 
 gress. It was a magnificent tribute to the man, unprecedented 
 in the political history of this county, — a demonstration that 
 Dr. Swinburne enjoys the confidence of the people of Albany 
 County in a larger measure than has any other man. He will 
 take with him to Washington the same conscientious regard 
 for the interests of the people, and scrupulous zeal in their 
 behalf, which characterized his administration of the affairs of 
 this city." 
 
CHAPTER XIX. 
 
 SWINBURNE'S DISPENSARY. 
 
 Estahlisliing a Free Dispensary. — Opposed to DefonniiiK the Poor. — A Con- 
 seientioiis Instructor. — Showing np Malpractice. — War among tlie Doctors. 
 — A High-handed Proceeding. — Esteemed by Students, — A Commiltee'a 
 Investigations. — A Name that gave Tone. 
 
 Revolutions are never backwards, whether in political or 
 scientific economy ; and these are, as a general rule, set in 
 motion because of mismanagement by those in authority, 
 protested against by some advanced mind, who, in behalf of 
 humanity, demands a reform in one, and a deeper application 
 to study and the laws of nature in the other. In the rup- 
 ture beween the doctor and the professors of the Albany 
 Medical College, and the establishment of the dispensary in 
 Albany by Dr. Swinburne, the public at large have become 
 better acquainted with the cause of deformities, — results 
 which they have learned were, in a great degree, due to bad 
 surgical treatment. As the public, ignorant of medical 
 ethics, have had the light thrown to them by one so eminent 
 and learned as Dr. Swinburne, they have been better able to 
 understand these matters ; and, in answer to their unmistaka- 
 ble demands, many of the profession have been compelled to 
 attain a better knowledge of medicine and surgery ; although 
 but comparatively few in the vicinity of Albany have made 
 any perceptible advance, while a great many remain, profes- 
 sionally, where they were when they received the " sheep- 
 skin " from their Alma jNIater which entitled them by the 
 laws of the State of New York to practise medicine and hang 
 out the " M.D." This, of course, only applies to those phy- 
 sicians who believe the colleges and tradition teach the only 
 gospel to which they owe allegiance. Deformities and poor 
 results have decreased largely ; but this is owing to the fact 
 that very many of the unfortunate maimed, instead of calling 
 
304 A TYPICAL AMERICAN. 
 
 in every professing surgeon, insist on their treatment coming 
 from the dispensary, and those who practise the systems 
 there laid down. 
 
 The first incentive to establish the dispensary arose from 
 the doctor's earnest desire to save the maimed poor from 
 mutilation and deformity ; and to have accomplished this 
 revolution without opposition and sacrifice would have been 
 phenomenal, and a consummation unprecedented in the his- 
 tory of the world since the first and greatest sacrifice for the 
 human race was made on Calvary by the Great Physician 
 and Maker of all mankind ; as it appears to be ordained that 
 all efforts to raise men, or to ameliorate the condition of hu- 
 manit}^ are only to be attained by sacrifices. The history 
 of the founding of the dispensary, and its work since that 
 time, are peculiar, and a part of the history of Albany. 
 
 Dr. Swinburne's connection with the Albany Medical Col- 
 lege, as physician to the almshouse, and as consulting surgeon 
 to St. Peter's and the City hospitals, brought to his notice 
 many instances of deformity, where he believed different 
 treatment would have been productive of better results ; and 
 he determined, no matter what factions or professional oppo- 
 sition might be aroused, to insist on a more enlightened and 
 advanced system of treating the injured, that the poor, and 
 even pauperism, might, in the name of humanity, be protected 
 from deformit}^, and a higher order of surgery, with better 
 results and more definite learning, be reached ; leaving out 
 the practise of traditional surgery, so that the best results in 
 accordance with scientific laws might be accomplished. Oc- 
 cupying the chair of professor of fractures and clinical surgery 
 in the Albany Medical College, he felt the double resi^onsi- 
 bility devolving upon him, — that of the treatment of the peo- 
 ple in the future by those who were looking up to him as a 
 teacher, and the duty he owed the students to place before 
 them true surgery, and not malpractice or quackery. This 
 double duty he performed faithfully ; and most of his associate 
 professors, instead of gladly availing themselves of his knowl- 
 edge, preferred he should close his eyes to their apparent 
 ignorance, and be silent to the injuries their practice had in- 
 
sv/inhurnk's dispensary. 305 
 
 flicted, and not attempt to educate the students in any liiu; 
 not in accord with the teachings they liad advanced. To 
 illustrate the evil results of i-adical, hasty, and ignoiant tra- 
 ditional surij^ery, he did not seek subjects in some foreign 
 clime or auiong the books; for there was a very numerous 
 class of these from whom to choose in Albany, who had been 
 treated in the hospitals, institutions professionally under the 
 direct supervision of the college. In citing these cases, he 
 drew attention to some treated by members of the faculty, 
 according to a report of the Common Council, without giving 
 the surgeons' names. One of these cases, against which he 
 warned the students not to pursue a similar treatment, was 
 that of a young man, William Lawton, a brakeman on the 
 New York Central Railroad, who had had both legs crushed 
 under a train. He was taken to the hospital, made uncon- 
 scious with ether, and, against his protest, the right leg ampu- 
 tated above the knee ; Dr. Vandev^eer, according to Lawton's 
 statement before the committee, declaring he was sure to die 
 of the injuries, and that the leg might as well come off; Drs. 
 Vandeveer, Ward, and Mosher performing the operation. 
 The}^ sought also to cut off the other leg, but were prevented 
 by Lawton's brother. For seven months he remained in the 
 hospital under the treatment of Drs. Ward and Mosher ; they, 
 with Dr. Vandeveer, declaring the other leg must come off as 
 soon as he became strong enough to bear the operation, Dr. 
 Vandeveer declaring the leg would be of no use. jNlean- 
 while the foot became clubbed, and the toes also so clubbed 
 that, if he ever walked at all, he would have had to do so on 
 their knuckles, being able to put no other part to the ground. 
 After a useless pasteboard case had been put around the limb 
 with some oakum, nothing was done for it by the surgeons. 
 After six or seven months he was discharged from the hos- 
 pital; though, besides these bad results of the treatment, his 
 leg was bent backward at the broken place, the bones having 
 failed to grow together and overlapped each other. Though 
 Dr. Swinburne was consulting surgeon to the hospital, the 
 case was never brought to his notice while Lawton was 
 therein. When called to see him at his home about a month 
 
306 A TYPICAL AMERICAN. 
 
 after his discharge, unhealed, from the hospital, Dr. Swin- 
 burne said that there was no need to cut the leg off. He cut 
 the tendons attached to Lawton's foot, bent the foot around 
 to its proper place, kept it there, drew the leg out to its full 
 length, so that the bones fitted together again instead of 
 overlapping, and kept the limb thus extended till the broken 
 ends rejoined and the tendons grew together ; all this hav- 
 ing to be done to remedy the deformity which had grown 
 up in the hospital, under the surgeons' eyes. When Lawton 
 appeared before the committee, the leg seemed, and he said 
 it was, in good condition ; while the crutches on which he 
 came bore mournful evidence of the treatment he had re- 
 ceived before Dr. Swinburne saw him. Another case was 
 that of John Dolan, a cartman, who was thrown from his cart 
 by a railroad train, and his right leg broken in three places, 
 one break being near the hip. He was treated by Dr. Van- 
 deveer, who for some time failed to discover the break near 
 the hip. Some time after he pronounced Dolan well enough 
 to leave his bed, and took off the dressing ; but the leg there- 
 upon swelled up terribly. About three months later he took 
 the dressings off again ; but, as soon as Dolan ■ tried to 
 move, the break at the hip showed itself. The knee was stiff; 
 and the foot was turned out sidewise, so that Dolan could not 
 turn it into the proper position. When Dr. Swinburne was 
 called to see him, he found that the bones had not been 
 joined; that the dressings had been removed, and all efforts 
 to heal abandoned ; that the muscles had become hopelessly 
 shortened, and that they had drawn up the foot so that 
 Dolan's leg was six inches shorter than the other. Dr. 
 Swinburne advised that the leg be drawn out, and fastened 
 till the shortening was lessened, and till the broken bones 
 united. The leg was thus made but two inches and a half 
 short. Despite all Dr. Swinburne could do, Dolan is a cripple 
 for life, — stiff in the joints, and has a permanent bad swelling 
 near his hip. 
 
 For this service Dr. Vandeveer charged two hundred 
 dollars ; and collected this sum without Dolan's knowledge, 
 before Dolan was able to go out, from the railroad company, 
 
SWINBURNE'S DISPENSARY. 307 
 
 who were to pay Dolaii damages. For warning the students 
 against repeating similar errors Dr. Swinburne was removed: 
 so said the report to the Common Council. 
 
 Tx-cause of those and other instances in which he differed 
 with the faculty, in insisting on proper treatment of patients 
 in the hospital, and a l)etter system of surgery, the chair to 
 which he was appointed in 1876, as professor of fractures, 
 dislocations, and clinical surger3% was abolished. The college 
 was an institution in which the public were interested, and 
 how was this act accomplished? It was a star-chamber ar- 
 rangement. At eleven o'clock at night, a majority of the 
 faculty, — having previously agreed among themselves to pass 
 a resolution recommending the trustees of the college to 
 abolish the chair of surgery occupied, by Dr. Swinburne, — 
 by a pre-arranged agreement with a majority of the trustees, 
 met, and decided to abolish the chair; and the next day at 
 eleven o'clock the trustees did so. 
 
 On Professor Swinburne appearing at the amphitheatre of 
 the college, Mdiere he was in the habit of delivering his 
 lectures, and where a large number of students were congre- 
 gated and awaiting to get in, he found the doors locked 
 against him; and was informed such action was taken by 
 order of the board of trustees. Depiived of the privilege of 
 holding his clinics there, he went to the hospital to hold 
 them, where he found many cases of deformity, some of thera 
 congenital, but a much larger number the direct results of bad 
 surgerj'^; and he was then more than ever convinced that the 
 people were too much and too badly doctored by incompetency, 
 and of the necessity of a more enlightened and conservative 
 surgery. But because he was unyielding in his conviction 
 of right and duty, in his determination to save the poor from 
 mutilation, and to educate the students in a better practical 
 and scientific surger^^ he was again frustrated by a collusion 
 between the college faculty and the governors of the hos- 
 pital, and he retired. At that time the hospitals were receiv- 
 ing a large number of patients : and, although professing to 
 be charitable institutions, they were only pseudo-charitable, 
 and not so in fact ; as all the poor patients were paid for by 
 
308 A TYPICAL AMERICAN. 
 
 the city, while the paying patients were pouring mints of 
 money into the pockets of the doctors. 
 
 Finding, on account of his connection with the hospitals, 
 that their business was running behind, and they losing their 
 surgery, these zealous professionals entered into another com- 
 bination with the city authorities, by which they hoped to 
 have the doctor's skill and labor withdrawn from the poor. 
 But, as usual, their schemes came to naught: and Dr. Swin- 
 burne, holding to his motto, ''Labor omnia vincit," was more 
 determined than ever to carry out his humane purposes. He, 
 during all this time, sought no conflict with the profession 
 which had solicited him on his return from the Franco-Prus- 
 sian war, knowing his humane and generous impulses, not to 
 inaugurate any system of relief that would interfere with 
 their professional practice pecuniarily ; they promising to 
 adopt the most modern and enlightened system of conserva- 
 tive surgery as practised by him, and to consult with him in 
 all important matters. 
 
 Although this was the first conflict between Dr. Swinburne 
 and the college faculty that became a public matter, it was 
 not, in reality, the first. Many years before, when he was a 
 very young man, so skilful was he that he was made demon- 
 strator of anatomy in the college, a position he held for three 
 years. Having, then, settled and positive views as to the 
 branch of the profession it was his duty to present to the stu- 
 dents, a difference arose between him and the faculty ; and 
 he retired from the chair. He then fitted up a private dis- 
 secting-room, and conducted a private school of anatomy, 
 having an attendance of students that outrivalled that of the 
 college class of anatomy. 
 
 In 1878 and 1879 the students of the college, strongly im- 
 pressed with the value of his instruction, passed resolutions, 
 asking the publication of his lectures, in book form, to guide 
 them in their practice. The last resolution, Jan. 15, 1879, 
 reads thus : — 
 
 "That we respectfully and earnestly request Professor 
 Swinburne to publish his work on the ' Treatment of Frac- 
 tures and Dislocations,' for the benefit of those who have 
 
swinburnk'h dispensary. 309 
 
 listened with much interest to lils hjctures upon the Hubject: 
 and we, judging' fVoni the wonderful results we have witnessed 
 ajb his hands, deem tlie principles as defined by him the true 
 ones, and the a[)pliances used to cany them out the most 
 consistent, simjjle, and I)est that can be ado])ted." 
 
 The action of the trustees of the college in abolishing the 
 chair may liave enabled tliem to carry out what schemes they 
 had in view; but that they had no sympathy from those most 
 interested, — the students, — is evident by the following ar- 
 ticle, published in the "Albany Argus," under the head of 
 " Handsome Recognition of Respect " : — 
 
 " It will be remembered that, at a recent meeting of the fac- 
 ulty of the Albany Medical College, a resolution was adopted 
 declaring the chair of fractures, dislocations, and clinical sur- 
 gery abolished; the terms of the resolution requiring that 
 the action on the part of the facult}'^ should be ratified by the 
 board of trustees. In accordance therewith the trustees held 
 a meeting, before which the action of the faculty, as above 
 stated, came up ; and the resolution was ratified by a vote of 
 eighteen to four. The chair in question was held by Professor 
 John Swinburne ; and it is said that more or less comment has 
 been made, not onl}' including the students, but also members 
 of the board of trustees as well. 
 
 " The students attending the college, desiring to give ex- 
 pression as to the existing relations between Professor Swin- 
 burne and themselves, and desiring also to return thanks for 
 the much valued service rendered them by their professor 
 while occupying the chair of surgery, held a meeting on 
 Wednesday afternoon, on which occasion Mr. Griffin of is'"ew 
 York acted as president, and Mr. Spencer of Massachusetts 
 as secretary. The president stated the nature of the meet- 
 ing ; and, on motion, a conmiittee was appointed to draft reso- 
 lutions suitable to the occasion, and expressive of regret at 
 the loss they had sustained by the abolishment of the chair 
 of fractures, dislocations, and clinical surgery. 
 
 " The following is a copy of the resolutions alluded to, which 
 met the hearty approval of the students, and Avhich were 
 unanimously adopted : — 
 
 " ' Wherea!< The chair of fractures and dislocations and clinical surgery 
 has been set aside by the recent action of the board of trustees of" the 
 Albany Medical College, of which institution we are studeuts, which 
 action removes from the faculty Professor John Swinburne, whose pro- 
 
310 A TYPICAL AIMERICAN. 
 
 found erudition in the science of surgery, and universally gentlemanly 
 bearing towards the students, has endeared him to us; therefore he it 
 
 " ' llesiilced. That we deeply regret the severing of his connection with 
 the college, of the faculty of which he was to us a desirable and valued 
 member; 
 
 " ' Resolved, That through the action of the trustees we are compelled to 
 sustain the loss of much valuable instruction on the subject of fractures, 
 and other branches of clinical surgery; 
 
 " ' Rexok-ed, Tliat a copy of these resolutions be presented to Dr. 
 Swinburne.' 
 
 " The lectures on fractures, dislocations, and clinical surgery, 
 by Professor Swinburne, have been held Friday afternoons ; 
 and it is said large numbers of the students have availed 
 themselves of the opportunity to be present on those days. 
 The action of the faculty and the board of trustees having 
 been made public, it was a question whether or not, under the 
 circumstances. Dr. Swinburne would deliver his usual lecture 
 on Friday afternoon. But it is said that on the appearance 
 of the professor at the usual hour designated he was received 
 with rounds of applause, and the students generally expressed 
 themselves as being deeply grateful for the many courtesies 
 and valued services rendered. It was probably the last lec- 
 ture that Professor Swinburne will deliver, as it was learned 
 tliat he was denied the privilege of holding his usual Satur- 
 day clinic yesterday ; and, in commenting on the subject, the 
 students have expressed themselves as noted in the resolu- 
 tions above." 
 
 The matter had become public talk, and caused considera- 
 ble newspaper comment. The city of Albau}^ was a member 
 of the corporation of the college, the mayor and recorder 
 being ex-officio members; and on Feb. 2, 1880, the Common 
 Council, a large majority being Democrats, appointed Thomas 
 B. Franklin, Edwin V. Kirtland, and M. J. Gorman a com- 
 mittee on the affairs of the Albany Medical College, and the 
 removal of Dr. John Swinburne. The committee, after a 
 prolonged investigation, submitted their report, in which they 
 said, — 
 
 " Dr. John Swinburne is one of the most eminent citizens 
 of Albany, a man in whose fame every Albanian is entitled 
 to take a just and generous pride. For the four years' 
 instruction given by him in the college, he has received no 
 compensation. 
 
 "He is now conducting a practice of about a hundred and 
 
Swinburne's dispensary. 'Ill 
 
 twenty patients daily; alxMiL a liiiii(li(!(l of whom are treated 
 at ]iis offi'-c, or in an iMljoininir dispensary l)uilt by him for the 
 puri)()sc lasl, fall. Ho holds a snrj^ical clinic every Saturday 
 morning, where are treated weekly from twenty to forty pa- 
 tients. These clinics, during the last session of the college, 
 were attended by thirty or forty of its students. From twenty 
 to thirty 3'oung men are entered as students in his office, 
 and learn the art of surgery by practice und(;r his direction. 
 Since the first of October last, about two thousand cases have 
 been treatetl in his practice, without a single failure to heal; 
 a result almost, if not quite, unparalleled in the history of the 
 surgical art. What is [jcrhaps more remarkable still, this 
 immense scientific result has been achieved almost wholly at 
 Dr. Swinburne's own cost. Possessed of means that place 
 him beyond the need of working for his bread, instead of 
 retiring from practice, he continues it with singular energy; 
 instead of seeking practice among the rich, he has repeatedly 
 refused it when offered, and has long and freely given his ser- 
 vices in nine-tenths of the cases he has treated, often refusing 
 fees from poor patients when tendered. J>eaving to less for- 
 tunate brethren the remunerative practice, he has contented 
 himself with dispensing one of the noblest of charities, the use 
 of great professional skill, to aid a mass of sufferers unable to 
 pay for it. Even this, however, has not availed to save him 
 from envy. Some members of his profession, instead of admir- 
 ing and emulating his generosity, have complained of it as 
 tending to prevent them from getting fees from some of the 
 poor persons whom he has healed without charge. 
 
 " He is now consulting surgeon to two hospitals — St. Peter's 
 and the Child's ; and, though not a homoeopath, surgeou-in- 
 chief to the Homoeopathic. 
 
 "Things were in this condition, when, on re-assembling after 
 the holiday recess in Januar\' last, the students of the college 
 were amazed by the news that Dr. Swinburne had been 'legis- 
 lated out of office,' — that his chair was abolished ; and that 
 they would not be allowed to complete the course of instruc- 
 tion by him, for which they had entered and paid. The pub- 
 lic were startled by the news that one of the foremost of their 
 number had been suddenly expelled from a faculty, — his mem- 
 bership wherein was a matter of proper civic pride and of 
 city benefit, — and that the arrangement for the special instruc- 
 tion of the coming physicians of Albany in a most important 
 branch had ceased." 
 
 After describing the manner in which the abolishing of the 
 chair was effected, the committee said, — 
 
312 A TYPICAL AMERICAN. 
 
 " Such in brief is the history of this extraordinary trans- 
 action. The city's representatives in the board of trustees, 
 the ma^'or and recorder, were kept in utter ignorance of the 
 project until it was carried through ; and they severely con- 
 demned it when they learned of it. The mayor states that 
 had lie known of it the resolution would probably not have 
 passed, and that he deems its passage an outrage. The presi- 
 dent of the board, Hon. Amasa J. Parker, strongly disapproved 
 the act, and voted against it. The dean of the faculty, Dr. 
 Thomas Hun, knowing that the act was to be done, refrained 
 from presiding at the faculty meeting, absented himself 
 thence, and avoided all connection witli the matter. The 
 secretary of the trustees, Mr. Geoige Dexter, expressed 
 regret at the abolition of the chair, and said if he had to vote 
 on the subject again he should oppose it. Hon. Bradford li. 
 Wood, formerly United-States minister to Denmark, one of 
 the most prominent and respected citizens of Albany, opposed 
 the resolution in the board, and testifies that it was sprung 
 on Jiim without notice, and that he disapproves the entire 
 action. Hon. Joseph H. Ramsey, president of the All)an3^ 
 and Susquehanna Railroad, formerly State Senator from 
 Albany County, testifies that he considers the action unjust, 
 and a grave injury to the interests of the college. President 
 Potter of Union University was not present at the meeting of 
 the board, and seems to have known naught of the affair. 
 Mr. Clarence Rathbone also opposed the abolition. 
 
 " The majority of the trustees who voted for the abolition 
 almost unanimously confess that they did so in ignorance of 
 the facts (jf the case, and in deference to the wishes of the 
 faculty They say that, as laymen, they did not deem them- 
 selves competent to decide physicians' disagreements; and 
 that, being informed that there was a want of harmony in the 
 faculty, they thought it a hopeless task to silt the matter, and 
 preferred to dispose of it by letting the member of the faculty 
 go who could not agree with his colleagues. But herein they 
 plainly failed in their duty. As the legal corporation and 
 rulers of the college, they should have ascertained the nature 
 and cause of that ' want of harmony' among the facult}^ — 
 which your committee have found by no means impossible to 
 do, — and should have seen that the interests of the college and 
 of the public were protected, and no injustice done. The cus- 
 tom of the majority ruling has very positive bounds. A ma- 
 jority has no more right to commit injustice than a minority. 
 Your committee are aware that this view — that the man who 
 cannot agree with liis colleagues should go out — obtains in 
 
SWINHURNE's DISPENSAItY. 8155 
 
 otlinr institutions jiikI places ; hiil, it ciinnot Ix; too scvc.TcAy 
 condonincd. It is u product of l;i7,in(;ss, cowitrdice, and care- 
 lessness, and (jl'ten bieods <^vosh wrong. Under its [jractical 
 working a man may know, or be the victim of, a great injus- 
 tice ; and if he will not silentl}' acquiesce or suffer, hut dares 
 resist or complain, the appointing power, hecause Ik; " cannot 
 agree with" those who niisiionduct, displaces the inno(;ent 
 a.nd retains the niisdoers. This {)Uts a penalty on innocence 
 and a premium on wrong. Men who act on sucli a view as 
 this deserve to be despised. Nor does it seem to have occurred 
 to either trustees or faculty that if any one was to leave the 
 college it should luive been those who failed, instead of him 
 who had succeeded where they failed. 
 
 "■ The reason iiscertaincd by your (;ommittee for the faculty's 
 recommending that Dr. Swinburne be legislated out of place, 
 
 — that he showed his classes failures made by his colleagues. 
 
 — assumes that he was bound to conceal the shortcomings of 
 his colleagues and brother physicians ; but this assumj)tion 
 cannot be tolerated an instant. It is a gross violation of that 
 right of free speech which is dear to everj' American freeman, 
 and which no man worthy the name of freeman will ever yield. 
 Besides, every man must stand or fall on the record he makes : 
 no man has a right to demand that others shall help him to 
 hide his misdeeds ; and, to these plain rules of fairness and 
 co'mmon sense, [jhysicians are not exceptions. 
 
 "But the matter is far more important in another way. 
 The demand that one physician shall aid to cover up the short- 
 comings of another, aims to keep the incompetent physician 
 employed in treating patients who emplo}- him under a mis- 
 taken belief in his skill, and to enable him thus to realize an 
 income he does not deserve. If this is successful, it results 
 in placing the competent and studious physician at a disad- 
 vantage, by compelling concealment of his superiority over 
 his less competent brother, and thus defrauding him of repute, 
 practice, and revenue, which are justly his, for the benefit of 
 him who is not entitled thereto. 
 
 " Since it became known that he had ceased to be connected 
 with the Albany Medical College, two colleges in New York 
 have offered him chairs. He has also received invitations to 
 treat fractures at St. Vincent Hospital ; and has been invited 
 by Dr. J. Marion Sims to go to London, antl teach the suigeons 
 of that scientific metropolis of the world how to hearsuch 
 injuries. Thus the fruit of his removal has been to expose 
 Albany to the risk of the total loss of his skill. He informs 
 3'our conuuittee that he does not wish to be re-instated in the 
 colleo'e. 
 
314 A TYPICAL AMERICAN. 
 
 " It is stated by some of the trustees that tlie board were 
 informed by Dr. Vanderpoel and others that the faculty 
 stood read}^ to resign in a body unless Dr. Swinburne was 
 ousted; but every member of the faculty — a majority — 
 whom the committee have been able to examine flatly denies 
 having taken any such position. Your committee, however, 
 are unable to perceive that had the faculty taken this stand, 
 or been believed to do so, it would justify the hasty action of 
 the majorit}'- of the trustees. The latter are supposed to be 
 men competent to act intelligently and justly, and not to be 
 liable to intimidation. Besides, the facts ascertained regard- 
 ing Drs. Vanderpoel, Vandeveer, Ward, Mosher, Bigeiow, 
 and Hailes, by no means indicate that had they resigned the 
 interests of the college would have materially suffered. 
 
 " Regarding the ' want of harmony' which many witnesses, 
 by evident preconcert, alleged as the cause for abolishing the 
 chair of clinical surgery. Dr. Swinburne testifies that, though 
 experience had given him bad impressions of some of the fac- 
 ulty, he had no ill will toward any of them, and was astonished 
 at their course ; and it does not appear that he ever tried to 
 keep or put any of them out of the college. 
 
 " The utter flimsiness of the reason assigned for depriving 
 the college of its most illustrious instructor suggests the ex- 
 istence of other reasons, and these are not hard to find. The 
 abolished chair has been divided between the two men whose 
 failures Dr. Swinburne ielt obliged to warn the students 
 against repeating ; and it may be expected that those men 
 will instruct future students, and be resorted to by future 
 graduates as consulting surgeons, with consequences to the 
 patients which, in view of those failures, may be imagined. 
 
 " Dr. S. Oakley Vanderpoel — who as temporary presiding- 
 officer of the faculty, and as a member of the trustees took 
 part in the removal of Dr. Swinburne, and who seems to 
 entertain strong objections to investigations — was, during 
 Gov. Fenton's administration, twice a candidate for the post 
 of surgeon-general, which he had held under Gov. Morgan. 
 Dr. Swinburne, being consulted by the governor on the subject, 
 advised against the appointment. When, on the re-organiza- 
 tion of the present college faculty in 18i6, it was proposed to 
 make Health-officer Vanderpoel dean, and Deputy Health- 
 officer Mosher registrar. Dr. Swinburne strongly opposed 
 this, and defeated Vanderpoel's election, deeming him unfit. 
 The services courageously rendered by Dr. Swinburne in 
 these matters were such as to entitle him to Dr. Vanderpoel's 
 life-long remembrance. Indeed, Dr. Swinburne seems to be 
 
SWrNHIIRNK's rUHPENSARY. 315 
 
 afflicted witli an unfortunate propensity, which Lord Chester- 
 field would have I'Cf'rctted and cond(;mned, — a propensity for 
 sj)eaking the truth; and this habit appears to iiave peculiarly 
 endeared liim to otli(!rs besides Dr. Vanderj)oel. 
 
 "liesides the reasons alrciady referj'ed tf), Dr.Jaefih S. Mosher, 
 now recfistrar of the faculty, who, as well as Dr. Vanderijoel. 
 has placed hiniself in practical contempt of the auth(jrity of 
 the Common Council, b}'^ refusincj to answer cpiestions about 
 this subject, was, as deputy health-officer under Dr. Vander- 
 poel, necessai'ily privy to many of the hitter's transactions; 
 and, in the first investigation of his su[)erior"s acts, he received 
 one or two severe touches from Dr. Swinbuiiie. For instance, 
 Dr. Mosher swore before the Senate Finance Committee that 
 the running-expenses of the quarantine steamer ' Fletcher,' 
 in 1872, were about five hundied dollars a month : Dr. Swin- 
 burne put in evidence the fact that the expenses were just 
 about twice what Dr. Mosher swore they were. The latter, 
 as executive officer of quarantine, swore that the ' Fletcher' 
 was needed to carry the sick, and that he had seen there 
 hundred cases of cholera on her in one year : Dr. Swinburne 
 showed that during the whole of Mosher's administration to 
 that time there were by official report only fifty-two cases of 
 cholera. He also suggested that the Senate Committee incpiire 
 whether the deaths of a number of convalescent patients on 
 Swinburne Island was due to Dr. Mosher's introducing a small- 
 pox patient among them. It is true that Dr. Swinburne did 
 none of these things till Dr. Mosher had joined with Vanderpoel 
 in misrepresenting him to the committee. When Dr. Mosher 
 was made registrar. Dr. Swinburne spoke and voted against 
 it, saying he considered him unfit to take charge of the funds. 
 Favors like these are apt to be long remembered. It was 
 Dr. Mosher who pre-arranged the meeting of the trustees at 
 which Dr. Swinburne was removed from the college ; and it 
 was Dr. Vandeipoel who, besides falsely informing the trus- 
 tees that the faculty would all resign unless this abolition 
 took place, also informed the trustees that there was no need 
 of Dr. Swinburne's services. 
 
 " Dr. William Hailes, jun., who voted for the resolution to 
 displace Dr. Swinburne, was disquieted by Dr. Swinburne's 
 showing to his class the dislocated shoulder of Mrs. Ann Bal- 
 lard, which Dr. Hailes, though not a surgeon, had tried to 
 treat, and, after carrying the patient through a month's terri- 
 bly painful treatment, had wholh^ failed to replace. Dr. John 
 M. Bigelow, wiio voted for the same resolution, was annoyed 
 by Dr. Swinburne's showing the students the case of Miss 
 
316 A TYPICAL AMERICAN. 
 
 Reilly, whose limbs, under six months of Dr. Bigelow's treat- 
 ment, became so deformed that she could not move ; and whom 
 Dr. Bigelow gave up as sure to die of the rheumatism which 
 deformed her, but whom Dr. Swinburne cured. Dr. Samuel 
 B. Ward, who seconded the resolution looking to Dr. Swin- 
 burne's removal, was displeased b}'- that gentleman's com- 
 ments on his reading a paper before the County Medical 
 Society, and publishing it in ' The American Journal of 
 Obstetrics,' wherein he stated, as facts, things of a very 
 doubtful sort. He was also disturbed by Dr. Swinburne's 
 healing many patients whom he had treated without success. 
 
 " Mr. Robert H. Pruyn, who aided in the board of trustees 
 to abolish Dr. Swinburne's chair, and whose refunds of large 
 sums to the Japanese government in a way not precisely vol- 
 untary are matters of notoriety, was far from pleased by Dr. 
 Swinburne's expressing the belief that he shared Vanderpoel's 
 quarantine profits, and observing concerning him that ' it 
 was fortunate for Japan that she was anchored.' Mr. H. H. 
 Martin was not exactly gratified at Dr. Swinburne's strictures 
 as an expert on a scheme to supply the city with water, with 
 which sclieme Dr. Martin was connected. 
 
 "But the financial affairs of tlie college afford another reason 
 for the desire to get rid of Dr. Swinburne. The latter testi- 
 fies that the income of the college has never been properly 
 staled, or accounted for, since he entered the faculty in 1876. 
 Professor Balch, chairman of the finance committee of the 
 faculty, testifies that, except in one year, he has never been 
 able to get a sight of the books of account. The mayor 
 and recorder, and nearly every one of the trustees, state that 
 they know naught of the financial state of the institution 
 beyond the debt secured by mortgage ; and few of them really 
 know aught of that. One gentleman had to be convinced 
 before he could testify that he was a member of the board : 
 he did not know, nor at first believe, that he was. Very few 
 of the faculty, not even the dean, knew, or coulcj intelligently 
 state, the financial condition of the concern. The registrar, 
 Dr. Jacob S. Mosher, into whose hands the money paid in by 
 the students has gone, was unable when on the stand to state 
 the annual income or expenditure of the college ; and, being 
 desired to produce the books and accounts for the committee's 
 information, committed an additional contempt by refusing 
 to produce them ; giving as an excuse the extraordinary asser- 
 tion that the finances of the college were a strictly private 
 matter, and that even the trustees, the legal corporation 
 of the college, had no right to examine into the finances of 
 
Swinburne's dispensary. :517 
 
 their own instiliilioii. Mi', (leorge Dexter, treasurer of the 
 triist(!cs, sliites tliiit ho hiiiMilcH none of the funds, does not 
 see tho hooks, iior know the receipts or (jxjienditnros. The 
 re[)orts of th(! colh'f^'c. to the; regents of tho S(;ite University, 
 aluve the appointment of tho i)resent faculty in 1876, have 
 failed to comply with the law since Jan. 81, 1^77, having 
 made no statement of the finances of the college." 
 
 Dr. Swinhurne's withdrawal from the Albany Hospital was 
 a necessary step, demanded by every consideration of profes- 
 sional pride, and the honest protection he felt bound to accord 
 such of his private patients as were in that institution. The 
 particulars of this quarrel are given in an article in the 
 "Albany Morning Express," Nov. 13, 1878, in which that 
 paper mentions Dr. Swinburne as one of the names which 
 gave character, tone, and dignity to the institution. The 
 " Express " said, — 
 
 " Yesterday was a day of quiet but intense excitement with- 
 in the cold walls of the Albany Hospital. Dr. Swinburne, the 
 consulting surgeon, did not put in an appearance. Dr. Rus- 
 sell, the house physician, was in the blues over a snubbing he 
 had received from some of the doctors ; and whispers were 
 current that the splendid staff, comprising the leading physi- 
 cians of the city, was abofit to dissolve, and that a row was 
 imminent which would cast in the shade all previous quari-els 
 of the doctors. We were aware that the board of governors 
 had held secret sessions, and that the house physician had 
 been on trial for some offence ; but it was not until yesterday 
 afternoon that we were enabled to get at the facts of the case, 
 which we now present entire to the readers of the ' Express.' 
 
 "It now seems evident that there is to be a break in 
 the ranks, and that some of the physicians will retire. Dr. 
 S. A. Russell, the house physician, is a gentleman who is pre- 
 sumed to be a warm partisan of Dr. Vandeveer, and whom 
 Dr. Swinburne, the consulting surgeon, evidently regards as 
 inimical to his (Swinburne s) interests. Dr. Russell is 
 charged with interfering with the patients of Dr. Swinburne, 
 and has been so persistent in it that the consulting surgeon 
 at last preferred formal charges against him. The case of 
 the offending doctor has been acted upon by the board of 
 governors, who have acquitted the gentleman with a slight 
 reprimand, as will be seen by the following letter, which Mr. 
 Sartell Prentice has forwarded to Dr. Swinburne : — 
 
318 A TYPICAL AMERICAN. 
 
 Albany, Nov. 9, 1878. 
 Dk. John Swinburne, 
 
 ConsuUinf/ Surgeon of the Albany Hof^pital. 
 
 Dear Sir, — At the meetino; of the board of governors of the Albany 
 Hospital last evening, after the retirement of the several members of the 
 hospital staff, who had by visitation favored the board with their presence, 
 the charges preferred by you against the house physician, Dr. S. A. Russell, 
 were taken up for consideration. 
 
 After a general and free interchange of views, the following re.solution, 
 a copy of which I was instructed to convey to you, was unanimously 
 adopted: — 
 
 Resolved, That this board, having heard the full charges against the 
 house physician, togetlier with his explanations of them, think tliat the 
 charges should be dismissed; while at the same time they do not think 
 that the house physician should attempt to retain private patients in the 
 hospital, against the desire of the physician attending them. They believe, 
 however, that the house physician acted in good faith, and for what he 
 thought to be the best interests of the hospital, and therefore the charges 
 are dismissed. 
 
 I remain very respectfully your obedient servant, 
 
 SARTELL PRENTICE, Secretary. 
 
 " The trouble, we believe, originated in this way. A Mr. 
 Alexander Sheppard of Rondout visited Dr. Swinburne late 
 last summer. He wished to be treated for some serious 
 difficulty, and was advised by the doctor to remain in town, 
 and enter the Albany Hospital. He agreed to do so, returned 
 to Rondout to arrange his business affairs, and within a month 
 came back, and, at the solicitation 6f Dr. Swinburne, entered 
 the hospital. He was, it seems, not contented ; for he left the 
 institution, and removed to No. 9 Lancaster Street. It is said, 
 and Sheppard verifies it by an affidavit, that there was a 
 quarrel between Drs. Russell and Swinburne, after which 
 Russell spoke against Swinburne, and endeavored to wean 
 Sheppard from Swinburne; and that he (Russell) refused to 
 treat Sheppard as Dr. Swinburne desired. In his affidavit 
 Sheppard says that Dr. Swinburne, in company with Dr. 
 Whitehorne, assistant house surgeon, called to see him on 
 Saturday, Oct. 19, 1878, at about ten o'clock a.m., and 
 before the clinic; — that the first words of Dr. Swinburne, 
 upon entering, were, ' Well, old fellow, are you ready for an 
 operation before the students ? ' — that deponent said, 'No, sir, 
 I will not be operated upon in tliis hospital ; I will go home 
 and bring my wife here, and make some different arrange- 
 ments ; I will get private quarters, and have you operate upon 
 me privately ; I will not remain in this institution ; ' — that Dr. 
 Swinburne thereupon remonstrated with deponent, saying that 
 that would delay deponent another week, and urged deponent 
 
Swinburne's dispensary. 3U) 
 
 to f(3maiti in tlu; liospilul iiiid i^o on wiMi tlic ojjonition Unit 
 cl;iy, as this course would cost liiin uotliin*^ Init his Ijcard, 
 while the (jther would cost cousidcraljle uioiiey; — that Or. 
 Swinburne continually praised the said hospital, and urged 
 deponent to remain tliere, but that deponent, notwithstanding 
 such advice, utterly refused to remain in said institution, for 
 reasons which deponent stands rciady to make known to the 
 board of governors of said liospital, if tlesired. Slie[)pard 
 fuitiuT says that he stands at all times ready to answer any 
 inquiries which the board of governors of said hospital may 
 think proper to make. 
 
 " Yesterday afternoon we sent a reporter to see Mr. Shej> 
 pard at his boarding-house, and he made the following state- 
 ment. Mr. Shepjiard is an intelligent man, and talked in the 
 presence of his wife and child. He said he regarded the 
 present management of the Albany Hospital very i)ad. 'I was 
 there for two weeks, paying nine dollars per week for boaid, 
 which was an exorbitant price, considering the poor accommo- 
 dations and food which I had. In the treatment of my case 
 it was necessary for me to use hot water. I made repeated 
 requests that it be fui'nished me, but was at last obliged to 
 get out of bed at night, and heat the water in an old coffee- 
 pot over my lamp. Dr. Russell called upon me daily, making 
 inquiries how I felt. I told him I was suffering witli a severe 
 pain in my head ; but he did nothing to relieve it until I told 
 him I would report his neglect to the mamfgers of the hospi- 
 tal. This threat seemed to have the desired result, for he 
 gave me something which eased the pain. During all this 
 time I was attended by Dr. Swinburne. I feel very thankful 
 to him for his care and attendance. My wife and myself are 
 living for a trifle more here than was charged for my board at 
 the hospital, besides having proper food. I will say, however, 
 for the nurses of the institution, that they are excellent, kind, 
 obliging, and well versed in all that pertains to their business. 
 I found I Avas not getting along as fast as I should under 
 this kind of treatment: so I left. After leaving, Dr. Swin- 
 burne performed an operation on me ; and so successful was he, 
 that I will recover. 1 know nothing as to how the other 
 patients are cared for; but, if they receive the same kind of 
 treatment which I did, I wonder that any of them ever get 
 well. Dr. Russell was inattentive, and at times impertinent.' 
 
 '' It seems that Sheppard is not the only one who com})lains ; 
 for, in the trial of Dr. Russell before the board of governors, 
 the following affidavit from another patient was read: — 
 
320 A TYPICAL AMERICAN. 
 
 City axd County of Albany, ss. 
 
 Bella E. Humphrey, bein.s: duly sworn, says that she resides at Salis- 
 bury, Herkimer County, N.Y. ; that she came to the All>uny City Hos- 
 pital on Saturday, the twenty-fourth day of Au,s;ust, 1878, for surgical 
 treatment of the knee-joint; that deponent was treated by Dr. John Swin- 
 burne, whom deponent supposed was the reofular attending surgeon of the 
 hospital, and has continued imder treatment by said Dr. Swinburne up 
 to the present time; that about three weeks since, deponent's knee was 
 operated upon l)y Dr. Swinburne before the class of students, and has 
 upon several other occasions been before the class for classical instruc- 
 tion; that during the week following such operation, Dr. Hussell. house 
 surgeon of the hosi)ital, came to the room of deponent, — which is No. 20, 
 and is a private room, deponent be>ing a private patient of Dr. Swin- 
 burne, — and said to deponent, "Bella, if Dr. Swinburne comes here 
 after you to-day, don't you go; " that deponent said, " What do you mean, 
 doctor? " that said Russell then said, '* Dr. Swinburne and I had aflare-up 
 this morning, and he is coming to take his patients away; " that deponent 
 said to Dr. Russell that she did not mean to go anywhere else to board, 
 but wanted to remain at the hospital, and under the care of Dr Swinburne, 
 until able to go home with safety; that said Russell said that thereafter 
 deponent would be under the care of Dr. Ward or Dr. Vandeveer, and 
 would receive as good treatment as heretofore. Deponent further says 
 that Dr. Swinburne never advised deponent to leave the hospital, but has 
 continually urged deponent to remain at the hospital until al)le to return 
 home, and that the treatment by Dr. Swinburne has always been satisfac- 
 tory to deponent. 
 
 BELLA. HUMPHREY. 
 
 Swoi-n to before me this sixth day of November, 1878. 
 
 A. S. DRAPER, 
 
 Notary Public, Albamj Counfy. 
 
 " But the board of governors, after hearing this, and con- 
 versing with Drs. Ward and Vandeveer and others, retained 
 Dr. Russell, whereupon we believe three members of the staff 
 have retired from the institution, and much bad blood has 
 been engendered throughout the profession generally. 
 
 " Yesterday evening a reporter of the ' Express ' called at the 
 hospital to see Dr. Russell, and get his statement in the 
 premises. The doctor is a young man, polite, natty, and 
 insinuating. He received the reporter graciously, and, upon 
 being informed of the object of the visit, appeared anxious to 
 make a full statement; but a second thought compelled him 
 to ask to be excused for a moment, while he retired, probably 
 ' for consultation.' In a few minutes he returned, and 
 asked the reporter to accompany him to the office of Rufus 
 W. Peckham, as he evidently did not wish to speak without 
 legal advice. The two then marched down State Street, and 
 saw iMr. Peckham. The lordly gentleman advised 'silence 
 for the present; ' and, evidently much against his inclination, 
 Dr. Russell refrains from giving his version of the story." 
 
SWINimUNIc'H DISPENSARY. 321 
 
 The position of Dr. Swinburne before the public as a 
 professional man, and tlio high reputation he had won before 
 this nation during the liebellion and in this State as a health- 
 officer at quarantine, with the eminence attained by liis skill 
 in Europe, was of such an order as to forbid his quietly submit- 
 ting to the interference of a house physician of the hospital, 
 where, it was generally conceded, political and social favorit- 
 ism were of more weight than professional ability. In this 
 instance, as in every event of his life, his great incentive was 
 the best possible care of all, without distinction of social 
 standing, whose treatment was in any manner confided to his 
 skill and care. Acting under these impulses, he opened the 
 public dispensary, which has since proven such a boon to 
 both rich and poor, and has become an indispensable blessing 
 to the section of the State in which it is located. A brief 
 outline of the work there done, and the systems practised, is 
 given in the following chapter. 
 
CHAPTER XX. 
 
 SCIENCE DEVOTED TO HUMANITY. 
 
 An Unkept Promise. — "What the Dispensary has done. — Great Advance in 
 Science. — Treating Tens of Thousands. — Remarkable and Interesting 
 Cases. — Helping Nature. — An Unequalled Man and Kecord. 
 
 On the establishing of the Swinburne Dispensary in the 
 city of Albany, the entire sympathy of the public was with 
 the doctor, and greeted the enterprise and philanthropic 
 undertaking of the founder as one of more than ordinary sig- 
 nificance. So strong was popular sentiment with the doctor 
 at the time, that the men who held the political control of 
 the city voluntarily promised the same pecuniary assistance 
 to the dispensary that was extended by the city to other 
 institutions recognized as charitable. The opening of the 
 doors of the elegant residence on Eagle Street, for the treat- 
 ment of the poor without money and without price, was 
 hailed, as it has proven to be, as the philanthropic event of 
 the age at the capital city ; and none more readily saw the 
 benefits the future were to enjoy from it than those in author- 
 ity, who, then acting on the first or better impulses of their 
 natures, promised the pecuniary assistance. The college fac- 
 ulty and the hospital governors were, however, opposed to the 
 undertaking ; some of them, it was reported at the time, going 
 so far as to threaten that if Dr. Swinburne persevered in 
 this course they would ruin him professionally, and drive him 
 from the city. In undertaking to vanquish the man who had 
 proven a Samaritan among them, in binding up the wounds 
 of the afflicted and caring for them, and who purposed to 
 continue that course, they forgot two very important consid- 
 erations, — first, that the doctor was following the Christian 
 example of one greater than they, who went about curing the 
 sick, and healing the maimed, eighteen hundred years ago ; 
 
SCIENCE DEVOTED TO HUMANITY. ')2^> 
 
 and, second, that the doctor's skill was such as to defy them, 
 professionally, and his individual courage such as would brook 
 no intimidation, and that every threat would but make him 
 the more determined. Through this professitjiial jealousy, 
 and the inlluence brought to bear on the officials, the aid 
 voluntarily offered was never extended ; and even the com- 
 mittee's report, in which the professional controversy was 
 recited in the last chapter, was quietly put out of sight. But 
 the work went on in the dispensary, and tens of thousands 
 have since realized its benefits at an individual expense to the 
 founder of over five thousand dollars per year; and although 
 one entire building has been exclusivel}'' devoted to this truly 
 charitable work, with a portion of another, no aid has ever 
 been asked or given, even to the extent that would buy the 
 shoes worn out by the girl attending the door-bell, further than 
 donations of old linen by private individuals. The city gov- 
 ernment, well aware of the good work being done, not only 
 failed to abate any portion of the taxes, but, on the other 
 hand, the property is assessed for a much larger sum than it 
 would sell for. 
 
 Day and night the doors have been open for the treatment 
 of all the diseases and accidents that man is heir to, with a 
 competent staff of assistant surgeons, and physicians, and 
 students always ready and anxious to serve the unfortunate ; 
 and it is safe to make the assertion that from the dispensary 
 have gone forth to the world physicians and surgeons who, 
 because of their training there, take a front rank profession- 
 ally, are equal, and in most cases superior, to those coming 
 from any other institution, where theory has the benefit of 
 practical illustration and practice. It is also safe to make 
 another assertion, that in no institution of medical or surgical 
 training has the same advance been made in these sciences 
 as in Swinburne's dispensary, or any thing approximating 
 thereto, during the years of its existence. The large-brained 
 head of the dispensar}^ Dr. Swinburne, brought to the in- 
 stitution knowledge gained in a wide field of science ; and, 
 having no professional jealousies to encounter from those 
 practising under him, he has solved many problems, and made 
 
324 A TYPICAL AMERICAN. 
 
 advances in treatment, known onl}^ to those coming direct)}^ 
 under his tuition and direction. It is safe to go still further, 
 and make another positive allegation ; i.e., that in no institu- 
 tion in the State has a greater and more difficult variety of 
 diseases and accidents been treated than in and from this 
 dispensary, with results that cannot be surpassed, and it is 
 doubtful if ever equalled. 
 
 The system of extension in the treatment of fractures with- 
 out splints, given to the public and tlie profession years ago 
 by Dr. Swinburne, has been strictly adhered to and followed 
 out with unequalled success in the practice of the dispensary. 
 During these eight years only two amputations have been 
 performed, — one of the thigh, and one of the leg; and these 
 were so badly crushed as to be beyond all possible hope of 
 saving. During the last six years there have been no ampu- 
 tations, not .even of a finger or toe, and no deaths resulting 
 from the injuries treated by the doctor or his assistants, 
 unless they were in cases necessarily fatal at the time they 
 occurred. 
 
 In the dispensary every physician and student is trained to 
 conservative surgery, and they become ardent believers in con- 
 servation, — a system the doctor has steadily adhered to all his 
 professional life, amputations never being resorted to or sanc- 
 tioned by him except in very rare cases, occurring in military 
 or railroad practice: and in no instance has his practice re- 
 sulted in gangrene; but, whenever the parts were dead, they 
 were so treated that they sloughed off. Three legs have 
 sloughed off near the knee, one hand, several feet, and a large 
 number of fingers and parts of fingers, leaving better stumps 
 than any surgeon could make by amputation ; thus avoiding 
 the second shock and hemorrhage, and the attending addi- 
 tional risk to life, besides giving less pain to the patients and 
 allowing the wounds to heal more rapidly. In the treatment 
 of fractures of the long bones, — thigh, leg, arm, and forearm, 
 — the same conservative system which the doctor has taught 
 and 2^ractised for over forty years is followed. 
 
 In the over seventy thousand cases (of which at least ten 
 thousand have been accidents) treated by the doctor and his 
 
SCIENCIO DKVOTKI) TO IIUMANI'I'V. '^'Il) 
 
 assistants, every foi-m of disease!, aeeideiit, and deformity tlie 
 niedicid and surj^icjal prolession are eailed to treat, has been 
 eared for in tliat institiiti(jn ; and in no instance in tliese tens 
 of thousands lias tliere been even an intimation of unskil- 
 ful practice or bad results. In tlie treatment of fractures of 
 the wrist (Colics'), of which there have been over three 
 hundred, the system has been so successful as to defy experi- 
 enced surgeons to locate the place of the explosion. By a 
 method of operation and treatment devised by Dr. Swinburne 
 (known only in the dispensary''), hands that had been turned 
 over and deformed by scrofula abscesses, burns, paralysis, 
 and other causes, have been straightened into their natural 
 positions without removing the scars, which have been made 
 as soft and smooth as a glove ; while old ulcers have been 
 made to heal at the rate of from an eighth to a quarter of an 
 inch daily. Extensive cicatrices, or scars, of the neck have 
 been made to entirely disappear, and the tissues and skin to 
 assume their normal condition. 
 
 In cases of necrosis, or death of the bone, the books teach, 
 and the profession universally practise, the cutting-out of the 
 dead bone. The conservative surgery of the dispensary en- 
 tirely ignores this system ; the doctor doing away with the 
 use of the knife, and simply assisting nature to throw off the 
 dead portions. 
 
 In no institution in the State, excepting perhaps in New- 
 York City, has there been a larger practice in gynecology in 
 the treatment of diseases of women, and in the performance 
 of the delicate and diflScult operations connected therewith, 
 than at tlie dispensary. 
 
 Among the corrections and operations constantly being 
 performed at the dispensary are those for curvature of the 
 spine ; deformities, congenital or acquired, whether as the re- 
 sult of paralysis, disease, or bad treatment of an injury ; sin- 
 gle or double club, or " reel" foot ; and the removal of tumors, 
 cancers, and hare-lip. 
 
 In the treatment of wounds from toy pistols, the results 
 have been equall}- as satisfactory and remarkable as in any 
 other kind of accidents. These wounds received by those 
 
326 A TYPICAL AMERICAN. 
 
 applying to the dispensary for treatment have reached as high 
 as fifty as the result of one Fourth of July ; and yet, while 
 lockjaw has been reported in all parts of the State, resulting 
 from these accidents, not a single case of lockjaw has set in 
 among the large number treated at the dispensary. 
 
 The success attending the treatment of fractures of the leg, 
 thigh, and long bones is due to Dr. Swinburne's system of 
 treatment by extension, without splints or bandages, with re- 
 sults so perfect that no surgeon can tell the parts that were 
 broken. In order to secure these results, generally, the doc- 
 tor insists that the profession must abandon the traditional 
 surgery of the books, and get rid of the splints and band- 
 ages, and keep the temperature of the injured parts up to 
 blood-heat. This he insists is done by retaining and adding 
 to the normal heat, and excluding the cold. The compres- 
 sion by plaster of Paris, splints, bandages, or other methods, 
 he holds, constricts the limb, and does mischief because it 
 arrests circulation, interferes with the nerve force and influ- 
 ence, and often produces gangrene or congestion, resulting in 
 inflammation and absorption of poisonous matter, known as 
 septic or pus poisoning, or irritation of the nerves or tetanus. 
 All these sequels as a rule, he maintains, are the results of 
 bad management, or the chilling of the parts injured before 
 proper attention had been given, or before the injury was seen 
 by the surgeon or after, providing proper circulation had not 
 been restored. He holds that in whatever injury done to a 
 limb or to a part of a limb, from which injury death to the 
 part injured has taken place, in the stopping of circulation, 
 and sloughed off, if the residue is properly treated, and restored 
 to good circulation, less bad results will follow this treatment 
 than if amputated, — a process which does not save from gan- 
 grene, lockjaw, or septus inflammation. In fact, he holds 
 that not an instance of these has occurred where the restora- 
 tion and maintenance of proper temperature had been kept 
 up from the beginning. Out of the thousands and tens of 
 thousands of accidents treated by the doctor and in the dis- 
 pensary, but three cases of lockjaw, or tetanus, have occurred ; 
 and only one of these was seen at an early period, or before 
 the mischief was done. 
 
SCIENCE DEVOTED TO HUMANITY. 827 
 
 To demonstrate the eflficacy of conservative surgery as 
 practised in tlio Swinburne Dispensary, where there have 
 been no bad results, and Ijy the doctor outside, a few trau- 
 matic and other cases are given, each being typical of a class 
 treated and entered on the register of the dispensary. 
 
 Eugene Masterson, a young man twenty-one years old, 
 living at No. 24 Clinton Street, Albany, and employed as a 
 brakeman on the Delaware and Hudson Canal Company's 
 Railroad, was run over in April, 1883, by an engine weighing 
 eight tons, and his limb crushed to atoms half-way to the 
 knee-joint, including the foot. His first words after being 
 picked up were, " Take me to Swinburne's." In this case, 
 had amputation been resorted to, it would have been difficult 
 to find a point near the knee at which to amputate ; the tis- 
 sues were so badly bruised, that the doctor would have been 
 obliged to go up to the middle of the thigh. The condition 
 of the injured man was such, no re-action having taken place, 
 amputation would be sure to result in death. In view of 
 these facts, and his indifference as to whether he lived or 
 died, circulation was restored and kept up ; and in one week 
 the injured part of the limb sloughed off between the living 
 and dead part. In four weeks all the the loose bone was 
 thrown off' the lower end of the stump ; and in twelve weeks 
 the wound was healed, with a better stump than any surgeon, 
 not even excepting Dr. Swinburne himself, could make. 
 
 Among the first accidents in the building of the new Capi- 
 tol at Albany was that occurring to a strong, robust young 
 man, named Brown, in charge of a gang of men in the construc- 
 tion department, who fell backwards from a staging to the 
 ground, a distance of about twenty-five feet, striking on his 
 head and shoulders, breaking one of the dorsal vertebrae, and 
 filling his chest with blood, as demonstrated by the aspirator 
 and by percussion, producing paralysis of the lower extremi- 
 ties. Dr. Swinburne, who was summoned on an examination, 
 saw that it was quite evident there was an inequality in the 
 spine and vertebrce, showing a distortion. With the assist- 
 ance of four strong men, one at each shoulder and leg, in 
 extending the patient, who was laid on his stomach, by 
 
328 A TYPICAL AMERICAN. 
 
 manipulation the doctor succeeded in getting the spine back 
 into its phace. By restoring circulation none of the blood in 
 the chest, or otherwise, was allowed to devitalize, or clot, but 
 was absorbed with the gradual restoration of motion and sen- 
 sibility in the lower extremities. This treatment was carried 
 out on a water-bed, to avoid sloughing from undue pressure at 
 any point ; and in a few weeks the man was well and walking 
 about, and in four months was back at work, and continued 
 in good health for several years, up to his death about one 
 year ago. 
 
 Thomas McAvoy, a young man living at No. 64 Franklin 
 Street, Albany, was also an employ^ in the construction of 
 the new Capitol. A stone weighing between seven and eight 
 tons fell from the derrick, and in falling caught McAvoy's 
 leg and foot, crushing them into the ground, so that he could 
 not be removed from under the stone without cutting off the 
 leg. The derrick was adjusted to the stone, the man released 
 and taken to his home. When Dr. Swinburne examined the 
 man he found the leg and foot a shapeless mass. They were 
 moulded into position, congestion and inflammation avoided, 
 the bones rapidly uniting ; and in twelve weeks he was walk- 
 ing with a good leg and foot, the only evil result being a 
 slightly enlarged ankle-joint; and this is now scarcely per- 
 ceptible. 
 
 Dr. Swinburne is opposed, under any circumstances, to 
 amputation for any injury to, or dislocation of, the ankle-joint. 
 One especial case, where, under the treatment of ninety-nine 
 out of every hundred other institutions or physicians, under 
 the circumstances, amputation would have been resorted to, 
 is noted in the records of the dispensar3^ An unfortunate 
 woman, while intoxicated, dislocated her ankle-joint, and sus- 
 tained a compound fracture. In this condition she lay on 
 the street during an entire cold October night. When the 
 doctor first saw her, the limb was terribly swollen, and phle- 
 betis, or inflammation of the veins, had set in, extending up 
 to the pelvis ; and the appearances were that the inflammation 
 would extend up to the heart, and result in death. By re- 
 storing circulation the inflammation subsided ; and the reduc- 
 
SClBN(nC DF.VOTKI) TO HUMANITY. 'Vl^) 
 
 tioti of the Jiiiklt! hciiii^' cITca'.U-aI, hy lioldiii;,^ \i in posifion 
 Avitliout compression, the woniiin r{!covei(;il, with ikj [jeieejiti- 
 ble injury or (lelorniity of the lirnh. 
 
 Henry Fitzgerald of Kexfonrs Fhitts, near Schenectady, 
 fell from a high bridge on to the ice, and crushed his ankle- 
 joint. The physician who was called to attend him declared 
 it was necessary to amputate. To this Fitzgerald strongly ob- 
 jected, and insisted that Dr. Swinburne be sent for and con- 
 sulted. When the doctor, with one of his assistants, arrived, 
 the man was found to l)e in such an extremely nervous condi- 
 tion, that, had amputation been attempted, the operation 
 would have proved fatal; and besides there was danger of 
 blood-poisoning. Through Dr. Swinburne's treatment, con- 
 servative surgery triumphed, and the man recovered with a 
 good ankle. 
 
 Mr. Schemerhorn, a driver for an Albany brewery, was 
 thrown from a carriage, and an explosion took place at the 
 ankle-joint, which was dislocated, and the fibula fractured. 
 He was treated from the dispensary, and in a short time was 
 well ; and he declared he would not take the world for that 
 ankle. 
 
 Timothy Sullivan, a heavy, robust member of the Albany 
 police-force, while jumping at a picnic, dislocated and frac- 
 tured the ankle-joint, driving the tibia down into the ground. 
 Three hours afterwards he was seen by Dr. Swinburne, who, 
 after cleaning the dirt off the protruding bones, united the 
 parts, and succeeded in getting restoration by the first inten- 
 tion. In twelve weeks Sullivan was out and well, and ready 
 for duty. 
 
 On June 25, 1881, John Erringer, a workman employed in 
 the construction of the post-office building in Albany, fell a 
 distance of thirty-seven feet, striking on both feet. In the 
 right ankle the tibia was fractured at the middle third, with 
 a dislocation of the fibula and tibia in the lower extremities, 
 with a fracture of the astragalus, which was dislocated from 
 the smaller tissue and bones. In the left there Avas a dis- 
 location of the lower extremities of the tibia and fibula, and 
 also of the tarsal bones, the foot turued inward at a rijjht 
 
330 A TYPICAL AMERICAN. 
 
 anofle to the le£^. The lower ends of the tibia and fibula 
 were crushed. Of necessity the wounds were very painful. 
 Through restoration no undue inflammation set in ; and, by 
 manipulation and moulding, the bones were restored by Dr. 
 Swinburne as near as possible to their normal condition, and 
 on Nov. 15 he was discharged well. Both feet have been 
 restored almost as good as they were before the accident. A 
 similar case occurred to a man named Young, a woikman on 
 the Capitol, who fell a distance of thirty-five feet, and was 
 treated by Dr. Swinburne with the same favorable results. 
 
 A man by the name of Lynch, emploj^ed as a porter in a 
 large printing-house in Albany, was caught under some ma- 
 chinery and his leg crushed. At his request he was taken to 
 a hospital, where he remained some months. Several unsuc- 
 cessful attempts were made to unite the broken bones. He 
 was then removed to his home, by his employers, and placed 
 under the treatment of Dr. Swinburne ; and in a few weeks 
 his limb was cured, and he was able to walk without a crutch. 
 Frank Miller, a newsboy on the Delaware and Hudson 
 Canal Company's Railroad, had his head and face crushed be- 
 tween cars. So severe was the wound that he bled from the 
 eyes and ears, one eye being partly knocked out of the socket. 
 Circulation was restored by Dr. Swinburne, and kept up, and 
 the boy recovered ; and he was afterwards a brakeman on the 
 same road. 
 
 John Healy, brother of a physician, sustained a compound 
 fracture of the skull, in front of the left parietal bone. The 
 wound was about three and a quarter by one and a quar- 
 ter inches, the dura mater being injured. Two fragments 
 were removed, the wound trepanned, and the boy recovered. 
 Alfred Cornell of Oneonta, had his jaw become de- 
 formed by an abscess, and twisted around to one side of his 
 head. Dr. Swinburne removed part of the jaw and bone 
 which had been destroyed by mortification, and cut around 
 so as to place it in its normal position, and allowed it to fill 
 with granulation and bony tissue. The deformity was so far 
 remedied that he has since presented a good appearance, and 
 has been married. A surgeon of large practice, who was pres- 
 
SCIENCE DEVOTED TO HUMANITY. ?>3l 
 
 ent at t]i(3 operation, declared it waa the most diflicult and 
 skilful j)iece of surgery he ever witnessed. 
 
 A peculiar case of injury to the hand was that of a man 
 whose fingers of one hand, excepting the little finger, were 
 cut off with a cleaver. He was treated at the dispensary, and 
 the next season laid two hundred aiid fifty thousand bricks 
 with the injured hand. 
 
 On the 4th of August, 1883, William P. Greene of Berlin, 
 Albany County, over fifty-seven years of age, dislocated his 
 shoulder; and four months afterwards came to the dispen- 
 sary to be relieved. He was put to bed, treated by Dr. Swin- 
 burne's system of extension, and in two weeks sent home 
 with a good arm. 
 
 M. D. Breene, a gentleman well known in Albany, resid- 
 ing at No. 183 Greene Street, while riding on the cars, his 
 arm resting on the car window, was struck by an open door 
 of a passing freight-car, and all the bones of the elbow crushed 
 into fragments and practically cut off; the only parts left to 
 keep the arm together being the front tissues and a piece of 
 flesh. By the doctor's system of extension the broken bones 
 were united and the arm saved. 
 
 Patrick Kelley, a young man, a railroad employd, had his 
 whole hand completely crushed between car bumpers, and ap- 
 plied to the dispensary for treatment. As usual, there was no 
 thought of using the knife or of amputating. The treatment 
 of that institution was followed, and the hand naturally 
 sloughed off at the wrist. 
 
 Martin Consandine, of Clinton Heights, Rensselaer County, 
 was struck b}"" a railroad engine, and the top of the scalp of 
 his head lifted off so as to expose the brain substance. Under 
 Dr. Swinburne's treatment he has recovered, although the in- 
 tellect is somewhat injured. 
 
 John Moore, nearly sixty years of age, living at No. 129 
 Phillip Street, and employed in an Albany coal and wood 
 yard, met with an accident by Avhich several of his ribs were 
 fractured, and crushed into the lungs, producing a iliarked 
 emphysema from head to foot. The case was a very difficult 
 one to treat, requiring nearly fifty visits from the dispensarj 
 
332 A TYPICAL AMERICAN. 
 
 before he was fully recovered. It was recognized as an ex- 
 ceedingly interesting case professionally. 
 
 John Simmons of Blue Mountain Lake, Hamilton County, 
 Jiad his foot frozen, and about a month afterwards applied to 
 Dr. Swinburne for treatment. Other phj'-sicians who had 
 examined the foot declared it would have to be cut off, and 
 he came to Dr. Swinburne to arrange for the operation. The 
 doctor declined to perform the operation, and subjected the 
 man to the treatment pursued at the dispensary. The toes 
 were all blackened, and in time sloughed off; and soon after- 
 wards he returned home with a good foot. 
 
 A gentleman residing near Palatine Bridge, while in 
 church, was attacked with a great pain in the lower extremi- 
 ties, from the foot up. He was removed to his home, and 
 a physician summoned. Three days afterwards Dr. Swin- 
 burne was called to see him. On his arriving with one of 
 his assistants, and examining the man, no circulation could 
 be discovered in one leg or thigh ; and in the other only the 
 slightest pulsation could be discovered in the artery at the 
 groin. The limbs were cold and seemingly lifeless, the man 
 suffering from an embolism ; a blood-clot having been crowded 
 down into the pelvis arteries, cutting off circulation. The 
 man anxiously inquired where amputation was to take place ; 
 and the doctor quaintly remarked, if amputation were to 
 take place at all, he would suggest that it be performed just 
 behind the ears. Circulation was restored through the small, 
 or capillary, vessels in one limb ; and in a few days com- 
 plete restoration was secured. In the other, circulation was 
 more difficult of accomplishing, and the limb sloughed off 
 just above the ankle-joint. 
 
 In the work of Dr. Swinburne and the dispensary many 
 interesting cases occcur, not only because of the nature of 
 the wounds, but the circumstances surrounding those treated. 
 One of these was that of Michael Devine, residing at No. 42 
 Arch Street, Albany, who, while in New- York City, met 
 with an accident, in which the ankle was crushed, and the 
 foot turned completely out of a line with the body. He was 
 taken to a hosj)ital in that city, where the surgeons declared 
 
HCIIONCK DKVOTKI) 'lO ntlMANITV. 'V.V.i 
 
 tlid fool, must 1)(! juiipiitiiled. I)(;viiic woiiM siihinit to uo 
 such operation until he had seen Dr. Swinburne, and r(;- 
 turned to Albany. The doctor, on examining tlie ankle, 
 declared amputation was not necessary, and demonstrated 
 the su[)eriority of conservative surgery, as a science, over the 
 ti-aditional surgery of the New-York hospital, by removing a 
 large j)i(>(;e of the dislocated and br(dvcn bone, and bringing 
 back to its natural sluqx; and saving the foot. Afterwards 
 Devinc's wife, who was employed in one of the large shoe 
 factories in Albanj^ had her arm crushed in a half-inch s])ace 
 in the elevator. She was taken to one of the Albany hos- 
 pitals, where, according to her statement, amputation in her 
 case, as in that of her husband, was recommended; but, like 
 her husband, she would not submit until Dr. Swinburne said 
 so. She was brought under his treatment, saved from muti- 
 lation and from being maimed for life ; and through conserva- 
 tive surgery has a good arm, which she has found very useful 
 ever since. Subsequently, Devine's mother fell and dislo- 
 cated her shoulder. A ph3^sician, who was called in, was 
 unable to effect a reduction, and another i:)hysician was 
 about to be sent for, when Devine entered, and said, "Never 
 mind, we want no more humbugging: I will run up to Swin- 
 burne's, and get somebody who can do that right." lie did 
 so, and the injury was repaired. 
 
 Another interesting case, in its history, was that of Robert 
 Ibbertson of No. 62 Canal Street, a slate-roofer, -who, at vari- 
 ous times within three years, had broken his left thigh, right 
 wrist, and both bones of the right leg, besides sustaining a 
 terrible scalp-wound ; yet, so perfect was the cure in each 
 case that the limbs are all as good as before they were 
 broken, and only a very careful examination would reveal 
 the fact that he had ever received an}"- of these injuries. At 
 the time that Robert broke his wrist, his father, also a slate- 
 roofer, fell with him from a staging, while at work near Syra- 
 cuse, and broke his neck, surviving the accident nearly one 
 week. The value of these limbs, which by improper treat- 
 ment might have been permanently crippled, is incalculable 
 to this young man, upon whom the support of a large family 
 has thus devolved. 
 
334 A TYPICAL AMERICAN. 
 
 These cases, taken from the records of the dispensary, and 
 the history of which has been learned from the assistants 
 and the parties injured, are but a moiety of the cases treated 
 and on the record, and are given for the benefit of the public, 
 that they may know the nature of the work done at the dis- 
 pensary by Dr. Swinburne and his assistants, and that they 
 may realize the benefits of a humane and truly scientific 
 method of treatment in what is known as surgical practice. 
 If the profession desire to learn more of this work, with the 
 modes of treatment, we have the assurance of the assistants 
 that they will gladly aid in the work; and we feel satisfied 
 that the doctor, whose only aim in life is to help others, will 
 cheerful]}'" give all the particulars necessary on his return 
 from the West, where he has recently been taking rest and 
 recreation. 
 
 Since the opening of Swinburne's dispensary in 1879, up 
 to the close of last year, there have been 824 fractures 
 treated, besides the re-breaking of and re-setting of 84 
 Colics', or fractures of the wrist, which had been ill-treated 
 by others, resulting in deformity. Of these fractures, 47 
 have been of the femur, or thigh, — 43 simple and 4 com- 
 pound ; 4 simple and 2 compound patella, and 12 Potts' ; 
 elbow-joint, 26 simple and 4 compound; clavicle or collar- 
 bone, 92; of the tibia, 78 simple and 7 compound; of the 
 fibula, 61 simple and 5 compound ; of the nose, 11 simple 
 and 1 compound ; of the humerus, 88 ; of the hand and ribs, 
 49 simple and 2 compound ; Colics', or fractures of the wrist, 
 301 ; and of other fractures, 46. Ninety-three dislocations, 
 unaccompanied by fractures, were reduced. Of these, 55 
 were of the shoulder, 25 of the arm, 8 simple and 1 double 
 of the jaw, 3 of the legs, and 2 of the knee-joint. In the sur- 
 gical operations, 61 cases of simple, and 19 cases of double, 
 club-feet have been treated ; 72 Tendo Achilles or heel-cord, 
 and 9 other tendons, cut to re-form deformities; and 128 
 cancers removed; in addition to 51 large operations. 
 
 For the year 1885, up to April 28, there had been treated 
 2,258 cases, of which 76 were fractures and dislocations, 275 
 other accidents, 286 operations, and 391 other surgical opera- 
 
SCIENCK IJKVO'I'EI) TO HUMANITY. 385 
 
 tioiiH. Tlio total nuinl)er of surgical cases was 1,028, aiul 
 medical 1,232. 
 
 The api)li(!aiiis at tlin dispensary for bodily relief are not 
 confined to the residents of New-York State, but eoine from 
 all portions of the country, particularly from Vermont, Mas- 
 sachusetts, Connecticut, and Pennsylvania. The writer of 
 this has himself seen in the dispensary a young man from 
 New Orleans, who was being treated for deformity, and who 
 presented, when he arrived, a most deplorable sight, being 
 twisted and deformed to such a degree that scarcely any 
 portion of his body was in its natural condition. To many 
 surgeons and others the remedy of these deformities seemed 
 a physical impossibility, and beyond all human skill. Yet a 
 few months demonstrated that it is within the scope of 
 science, combined with a perfect knowledge of the anatomy 
 of man and the methods to be pursued, to prove that few 
 cases of deformity are incui-able. 
 
 On the records are the names of patients from Illinois, Ne- 
 braska, and other Western States, even from the golden shores 
 of the Pacific, who have come to the doctor for treatment. 
 Nor is his fame confined to this nation, but it reaches through- 
 out Canada and out on to the ocean. A newspaper reporter 
 tells of a woman who came to the dispensary with a child in 
 her arms, whose lower limbs were deformed, and who said she 
 had but recently arrived from England. When asked by Dr. 
 Swinburne why she did not have the child treated in one 
 of the hospitals of London, she replied that she had been 
 to the hospitals there, and the doctors told her they could do 
 nothing for the child ; that, on the passage over, a lady had 
 told her of Dr. Swinburne, '' and I have come to see you." 
 The doctor, after hearing the woman, said, " I guess they did 
 not want to trouble themselves because you were poor; but, 
 never mind, I will make the little one all right," and named 
 a time when she was to present it for an operation, which 
 was afterwards performed, and the child made to assume a 
 natural position, although the deformity was serious and 
 congenital. 
 
 A few days before writing this we were shown by one of 
 
33G A TYPICAL AMERICAN. 
 
 the assistants a sample letter of the kind he was receiving 
 during the doctor's absence. It was from a member of a large 
 manufacturing firm in Connecticut, in which the writer de- 
 scribed the pain and sensation arising from some unaccount- 
 able affection of his leg. The gentleman gave the opinions 
 and recommendations of several physicians he had consulted, 
 and whose disagreements in the matter induced him to believe 
 the case was serious ; and hence he wrote Dr. Swinburne to 
 inquire, if he were to come to Albany, if the doctor would 
 treat him. The case, said the assistant, by the contents of 
 the letter, is a serious idiopathic one; but doubtless, on the 
 return of the doctor, he will decide what is the matter, and 
 what is to be done. 
 
 Every aim of the doctor in life has been and is to benefit 
 the sick and needy, and to economize the expenses of the 
 afiiicted. To accomplish this desideratum^ he believes an 
 observance of the laws of nature are the best remedies. Pre- 
 scriptions are not written at the dispensary, merely for the • 
 sake of writing them ; but, in most cases, such articles as are 
 found in every household are recommended, and, where ne- 
 cessary to use medicines, the simplest, cheapest, and most effi- 
 cient remedies are prescribed, thus virtually "throwing physic 
 to the dogs." As a substitute for the costly oil-silk, he has 
 introduced oil-cotton, which will wear four times as long as 
 the silk, and costs only a few cents per yard. 
 
 In this dispensary, where thousands and tens of thousands 
 of the poor have been cared for, and where every manner of 
 operation has been performed, from the minor to the most 
 delicate and difficult in surgery, it has been demonstrated 
 that amputation is necessary only in the most rare emer- 
 gencies; that, in a very large majority of the cases where 
 it is resorted to, it is not only not necessary, but actually 
 cruel, inhuman, and barbarous ; and that where the knife has 
 heretofore been used by the profession, and too largely prac- 
 tised now, with fatal results, conservative surgery has accom- 
 plished, and is accomplishing, much more favorable results 
 than any other system practised. 
 
 The record of this dispensary is remarkable ; and there are 
 
SOIEKCE DEVOTED TO HUMANITY. 337 
 
 but few institutions in this country where more patients have 
 been treated in the same period of time, and probaljly in 
 none have so many accidents occurring on railroads been 
 attended, and in none have the results been so successful. 
 Among the railroad accidents, six have been to the legs, 
 eight to the feet, thirty-two to the hands, and forty to the 
 arms. The results have been remarkable and unequalled in 
 the treatment of these, and have almost revolutionized sur- 
 gery in this section in treating railroad cases. Among no class 
 of men is the name of Dr. Swinburne held in higher esteem 
 than among those who are constantly subjected to the dan- 
 gers of railroad life, not even among the poor of Albany, who 
 almost reverence him for his skill, and the many noble quali- 
 ties of his generous heart, which have caused him to do so 
 much for them. 
 
 So widespread has become the fame of the Swinburne 
 Dispensary, and the eminent skill and benevolence of its 
 founder and head, that from every part of the State the un- 
 fortunate, rich and poor, have come to him to be treated; 
 and, in many instances, the private resources of the doctor 
 and his staff have paid the board of poor and needy patients 
 while in the city under treatment. One instance was that 
 of a poor patient who had walked all the distance from New 
 York to have an injured wrist treated, which prevented him 
 from earning a living for his family and himself. 
 
 The work of Dr. Swinburne and his staff has not been con- 
 fined to the walls of the dispensary. The calls of any of the 
 physicians of the dispensary for medical attendance, outside 
 of the doctor's private practice, is as great as that of any 
 physician in Albany ; and no hour is too late, or weather too 
 severe, to deter them from promptly responding to calls for 
 help. The doctor, whose carriage may be seen daily in front 
 of the homes of the rich and the poor, is a worker himself, 
 and full of human kindness ; and no cruel, lazy, or negligent 
 physician or student can remain in the Swinburne Dispensar}-, 
 where no charges are made for treatment, these being left to 
 the patient's own voluntary impulses, and where, in no in- 
 stance, are fees received from the really poor. 
 
338 A TYPICAL AMERICAN. 
 
 The cases cited, the methods of treatment pursued, and the 
 results accomplished, as well as the extent of country over 
 which the doctor's healing skill and the blessings of the dis- 
 pensary have reached, are given as indices of the work of this 
 truly humane institution, where the very poorest are treated 
 with the same care and tenderness as are those upon whom 
 fortune has smiled, and where the poor Lazarus has his sores 
 and wounds dressed and bound by the same methods as does 
 the rich man. 
 
 A branch of the dispensary has been established in Troy, 
 and placed in charge of one of the doctor's trusted and effi- 
 cient assistants. Here, where nearly four thousand cases 
 have been treated during the year, the doctor himself attends 
 once a week, and holds a clinic, examining cases and per- 
 forming operations. 
 
 Such is the work of this eminent physician and surgeon, 
 and tender-hearted humanitarian ; and, for these impulses of 
 benevolence, he holds a place in the hearts of the poor, which 
 binds them to him by that sacred cord of love and gratitude 
 no power on earth can sever. In him they see a friend in 
 affliction, with a heart in full sympathy with them, and for 
 whom no sacrifice is too great for him to make. Truly 
 blessed is this work of Dr. John Swinburne, — the philan- 
 thropic act of the age ; and long after the bricks of the 
 building have crumbled, and the structure gone to ruin, will 
 his name be remembered as one who lived to make the world 
 better, and left an example, for other generations to follow, 
 in the exercise of the virtues that ennoble the human race, 
 and bring men and women up to the high position which 
 their Creator ordained they should occupy. 
 
CHAPTER XXI. 
 
 BEHOLD THE MAN. 
 
 Self-made. — Tiiculents in Early Boyhood. — A MiiHcular Toaclier. — Hard 
 Life of a Student. — Kntciring College and Leading. — Brief Sketch of a Ke- 
 markable Professional Life. — Tlie Friend of the Poor, and an Enemy of 
 Corruption. 
 
 The brief story of this eminently typical American's life, 
 as detailed in the preceding chapters, stamp Dr. Swinburne 
 as one having scarcely a peer, and few superiors, in this land, 
 so prolific of self-made and remarkable men. Like others of 
 humble origin, he has illustrated the possibilities that are open 
 to courage, industry, and an indomitable will to rise from the 
 surroundings and difficulties always attending the poor, and 
 to attain to eminence. His battle in life, from early boyhood 
 to fame, has been a continuous round of heroic struggles and 
 victorious achievements. Born at Black River, Lewis County, 
 N.Y., on May 30, 1820, he possessed in early boyhood all the 
 qualities, virtues, and robustness which have enabled so many 
 of the natives of New-York State, on entering the arena of 
 public and professional life, to surmount the obstacles always 
 meeting those of humble birth, and to become successful in 
 their contests with others. Of all the successful achieve- 
 ments won by the rugged sons of the North, there are none 
 of which the northern section of the State of New York may 
 feel more justly proud than those achieved by this native of 
 Lewis County. 
 
 The death of his father left John Swinburne, at a very 
 tender age, without the strong paternal assistance which 
 would aid him in the conflicts that were to meet him in boy- 
 hood, and confront him through his minority up to the age 
 of maturity. His parents were natives of Connecticut, his 
 father descending from a long line of Irish ancestors. From 
 
340 A TYPICAL AMERICAN. 
 
 his father he inherited a quick sense of humor, and a ready- 
 response to every appeal of suffering and want, which, com- 
 bined Avith the hopeful and spiritual temperament of his 
 mother, have proved a richer heritage than silver or gold. 
 Endowed with brilliant intellectual faculties and superb 
 physical gifts, he has made the alleviation of suffering hu- 
 manity the governing-principle and study of his life. The 
 grateful testimony of thousands of " the maimed, the halt, 
 and the blind " who have received aid at his hands is abun- 
 dant evidence of his success. 
 
 His earlier or preliminary education was obtained in the 
 public schools of Lewis County, and in the academies of Den- 
 mai'k, Lowville, and Fairfield ; although he had but few oppor- 
 tunities of obtaining more than the first rudiments before he 
 was twenty-one years of age, having been compelled, up to 
 that age, to assist his widowed mother in providing for the 
 other bereaved children. His first real victory in his battle 
 of life was during his attendance at the academy. At that 
 time he was a strong, vigorous boy verging on manhood, and 
 uncommonly agile and quick of motion, — a physical condition 
 which he has preserved, in a large degree, up to the present 
 time, and which has enabled him to continue an active life, to 
 endure hardships, and to perform arduous labors that would 
 have physically broken down most of men. This physical 
 condition and preservation he attributes largely to his observ- 
 ance of the laws of nature, and his habits. His whole life has 
 been one of abstemiousness, and almost absolute abstinence 
 from the use of liquors or tobacco in any form. For this 
 virtue he claims little credit to himself, as it was a forced 
 necessity ; because, in his earlier life, he could not afford the 
 luxury of a cigar, and hence formed no taste for smoking: 
 and, although liking the taste of liquors, he has been re- 
 strained from using any, because they did not like him ; and 
 he never could drink even beer without its making him sick. 
 
 While studying at the academy at Denmark, he was asked 
 to take charge of a school for a season in St. Lawrence County. 
 The school was considered the hardest to manage in the coun- 
 ty ; the seven teachers who in succession had preceded him, 
 
BKHOLT) rilK MAN. 841 
 
 and attempted to inaiiiif^o the school, having been driven out 
 by the pupils. The same fate was expected to befall young 
 Swinhnrnc, but he was equal to the enicrf^^ency. Upon arriv- 
 ing at that hamlet, the (X)niniittce infoi'nied him that they 
 would delay his examination with regard to his qualities as an 
 instructor until he had demonstrated whether or not he pos- 
 sessed the power to control the scholars. A number of the 
 pupils were older, heavier, and stronger than the young 
 teacher, but were lacking in his (juickness of motion ; and on 
 the first attempt to mutinize, and use him as they had used his 
 predecessors, they discovered that they had, in their new in- 
 structor, one to deal with who was more than a match for the 
 best of them, and were promptly taught an example in evolu- 
 tion that laid them on their backs in quick order. He con- 
 quered quickly his bellicose and mischievous scholars; and 
 won from them, at first obedience, and then respect. After- 
 wards, on suggesting to the committee that he was prepared 
 to be examined, they informed him that that course was not 
 necessary; that they had decided to retain him, being fully 
 satisfied that any man who could suppress insubordination in 
 that school must necessarily be a competent teacher. He re- 
 mained there until the close of the term for which he had been 
 engaged, when he left ; his departure being regretted by the 
 people and scholars alike, who believed his like they would 
 never look on again. He was then offered a school in Den- 
 mark, which he declined, and came to Albany. 
 
 Years before arriving at the age of manhood, and when 
 there were no prospects of his ever being able to obtain the 
 requisite education, except such as he would, under adverse 
 circumstances, be compelled to struggle to attain for him- 
 self, he had decided on the practice of medicine and surgery 
 as the profession he would study and practise ; and for a year 
 before arriving in Albany, at the age of twenty -one, he had 
 devoted much time to the reading of medical works and the 
 study of anatomy. On his entering the Albany Medical 
 College, from which he graduated in 184G, he was accredited 
 further advanced in a knowledge of therapeutics than many 
 of the students who had been there for two or three 3'ears, 
 
342 A TYPICAL AMERICAN. 
 
 and was conceded superior in anatomy to students who had 
 attended that institution four years. 
 
 During his college and student terms, young Swinburne's 
 life was one of continuous hard work, study, deprivation, and 
 self-denial ; he being compelled, from necessity, to sleep on the 
 floor or tables, and often living on an outlay of seventy-five 
 cents per week. For the truth of this statement a lady now 
 living in Albany offers to vouch ; and she further asserts that, 
 when a girl, she has often watched from a back window the 
 young student as he washed his own linen. It was these 
 hard knocks from the fickle Goddess of Fortune, while John 
 Swinburne was travelling the rugged path of his early years, 
 which so well fitted him for the many battles he has since 
 fought and won. The hardships he endured, combined with 
 a naturally tender heart, have enabled him to more fully 
 understand the perplexities and struggles of poverty, and 
 conduced to bring his after-life of usefulness into such close 
 relationship and sympathj'^ with the poor and suffering. As the 
 dark, heavy clouds filled with the roar of heaven's artillery, 
 and rent asunder by the crashing and purifying lightning, 
 pass away, bathing the hillsides in a new verdure, giving to 
 the flowers a brighter hue and more fragrant perfume, putting 
 into the throats of nature's plumed and beautiful warblers a 
 more cheerful song, purifying the atmosphere, and infusing 
 new vigor into all life, so it was with the early life of John 
 Swinburne. When the clouds of adversity that had so long 
 hung over him were dispelled, and the trials that test men 
 were overcome, he came forth the grander and nobler because 
 of the trying ordeal through which he had passed ; and in 
 1847, one year after graduating, he was appointed by the 
 faculty of the Albany Medical College, demonstrator of 
 anatomy in that institution ; a position which he held for 
 three years, since which time his civil and military career, as 
 a physician and surgeon, stand without a precedent. 
 
 His extraordinary success as a practitioner, and his rare 
 executive ability, have earned for him various positions of 
 responsibility and trust. In 1851 he was appointed almshouse 
 physician : ship-fever was then raging; and, after successfully 
 
IJEHOLD THE MAN. 343 
 
 treating over eight hundred cases, he was liimself stricken 
 willi the disease. In 1861 he was aj)[)()inted chief mf;dical 
 officer of the staff of (icii. J(jhn A. liathbone, at the Recruit- 
 ing Depot in Albany. During a space of tliree months, only 
 twelve deatlis occurred from among 1,470 patients under his 
 care, being less than a half of one per cent of the whole 
 number. On April 12 of the succeeding year, he received 
 an appointment from Gov. Morgan as auxiliary volunteer 
 surgeon, and went to the front. His first step was to estal)- 
 lish the hospital at White-House Lauding. On June 12, 1862, 
 he was commissioned by Gov. Morgan as medical superin- 
 tendent of the New- York troops. To render this oflfice more 
 effective, he was indorsed and commissioned by the govern- 
 ment as acting assistant-surgeon, United-States Army, — tlie 
 only honor of the kind ever bestowed upon a volunteer sur- 
 geon. By order of Gen. McClellan he was placed in charge 
 of Savage Station, where he made immediate preparations for 
 the relief of the sick and wounded. During the engagements 
 in that section his entire time was spent in the operating- 
 room : his meals were hurriedly dispatched in presence of the 
 wounded and dying, and no thought given to rest or sleep. 
 On the 29th of June, when Porter retreated from Savage 
 Station, Dr. Swinburne voluntarily remained a prisoner with 
 4,000 sick and wounded men, too weak to be removed. 
 His tenderness and heroism in their behalf won for him the 
 utmost admiration and courtesy from the Confederate officers, 
 who permitted him to pass through their lines on his visits to 
 the hospitals, at all hours, without molestation. For these 
 services he never asked or received any pecuniary compensa- 
 tion from the state or nation. 
 
 During his service in the arm}', he designed a stretcher fur 
 the conveyance of wounded men on the field, and for the 
 treatment of fractures by extension, an illustration and de- 
 scription of which is given in a previous chapter. On request 
 of the State Medical Society, he submitted the design to the 
 head of the medical department of the army, that it might 
 be used in the service ; but, from want of knowledge in the 
 proper authorities, it was rejected. Its adoption, afterwards. 
 
344 A TYPICAL AMERICAN. 
 
 by the "English and French governments have proved it to 
 be of great value. 
 
 In 1863 he was elected permanent member of the medical 
 society of New- York State, and has since successively filled 
 the positions of professor of fractures and dislocations and 
 clinical surgery in Albany Medical College, president of 
 the Albany County Medical Society, surgeon-in-chief of the 
 Homoeopathic and Children's hospitals (since their founda- 
 tion), and consulting surgeon at the Albany and St. Peter's 
 hospitals. 
 
 In 1864 he was appointed by Gov. Sej'raour, health-officer 
 of the port of New York, the nomination being unanimously 
 confirmed by the Senate. For the ensuing six years his life 
 was one of incessant activity. In order to more successfully 
 combat the ravages of yellow-fever, ship-fever, cholera, and 
 small-pox while at quarantine, he planned and had con- 
 structed two artificial islands in the lower bay, the first of 
 the kind ever built, thereby m.aking the harbor the best and 
 most effective quarantine in the world. He was removed 
 from this position by Boss Tweed, who had no affiliation 
 with men of Dr. Swinburne's stamp. In appreciation for, and 
 recognition of, his meritorious services, one of the islands 
 was, by legislative act, named Swinburne Hospital Island. 
 
 At the beginning of the war between France and Germany, 
 while travelling with his son in Europe, he received an invita- 
 tion from Minister Washburne, America's representative to 
 the French Government, to come to Paris, and assume charge 
 of the American ambulance at that place. With his usual 
 ready response to humanity's call, he arrived in Paris, Sept. 
 16, and remained on duty during the siege. His services 
 there were but a repetition of his untiring devotion to 
 the heroic wounded in our late war. The " Press " of Paris, 
 and the leading journals of England, eulogized his unparal- 
 leled success in military surgery and hygiene ; and he was 
 made the recipient of the highest honors. The Knights' 
 Legion of Honor, and the Red Cross of Geneva, are included 
 among the ninety decorations that have at various times been 
 conferred upon him. His sympathy and unwearied exertion 
 
BEHOLD THK MAN. 345 
 
 in bolialf of llie siifTcring gavo Iiirn prcat i)opu]arity among 
 all classcH ; and Consul-Cicn. Kced (leclai(!(l that be had 
 created the most prolound impression upon the public of any 
 man in Paris. His practice of conservative surgery was at 
 that time almost an innovation upon the prevalent custom of 
 amputation. In all cases the mutilated member or limb was 
 given the fullest benefit of the doubt; the salvation of the 
 body being, with him, a vital clause in his professional creed. 
 II is system speedily commended itself to the leading surgeons 
 of Europe, who to-day follow almost exclusively his method 
 of practice. 
 
 A number of years after this professional victory in that for- 
 eign nation, an enterprising showman was exhibiting through 
 this country a panorama of the Siege of Paris. In one of his 
 audiences in Chicago was a man suffering from an injury to 
 the leg, of long standing, and for which he could get no relief 
 among the professional men of that city. When the lecturer, 
 in his description of the panorama, arrived at that point where 
 the hospitals were presented, he exhibited, as most prominent, 
 that of the American ambulance, and its head. Dr. John Swin- 
 burne, who stood, with sleeves rolled up and arms covered 
 with blood. The lecturer devoted about twenty minutes to a 
 description of the ambulance and the eminent and conceded 
 skilful surgeon. The suffering man listened attentively, as 
 one to whom a great and vital message was being delivered ; 
 and, seeing in it relief for him, decided then and there to rettirn 
 to Albany, where he had resided many years before, believing 
 this eminent and skilled surgeon could relieve him. The 
 decision was carried out, and the long sought relief at last 
 secured. 
 
 During his professional life in Albany, he enjoyed, in the 
 years that he would accept it, a larger practice in obstetrics 
 than any other three physicians combined, attending as high 
 as a hundred and fift}' cases in one year, and performing 
 almost all the surgical operations of females in the city for 
 years. 
 
 In the treatment of the diseases of the eye, as an oculist, 
 he was, and is, without a superior. When this branch of 
 
346 A TYPICAL AMERICAN. 
 
 the profession was made a specialty by others, he largely 
 relinquished the practice, sending almost all of these cases 
 ajDplj'ing to him for treatment to those who had become 
 specialists; he refusing to treat but very few outside of the 
 really poor. 
 
 Dr. Swinburne has contributed many valuable and able 
 articles to the literature of scientific surgery ; and has clearly 
 and practically demonstrated that compound fractures of the 
 thigh, from gunshot wounds, can be as successfully treated 
 as any other form of fracture of the thigh. As a medical 
 expert he is widely known, having on many occasions as- 
 sumed and maintained independent opinions on the diagnosis 
 and treatment of diseases, in contravention to the generally 
 accepted theories of the profession. In the heat of contro- 
 versy he has at times been unjustly assailed, but his oppo- 
 nents have as often been silenced or convinced by the force 
 of facts too plainly demonstrated in the able hands of Dr. 
 Swinburne. 
 
 From the beginning of his professional life, his humanity 
 and benevolence naturally drew to him the poor who could 
 not pay, and to whom no other avenues were open, unless 
 they applied to the city or county as paupers, which many of 
 tht*m would not do, preferring rather to suffer pain and sick- 
 ness to such humiliation. These virtues also brought him a 
 very large practice from among the mechanics and industrial 
 classes, who did not seek charity, but felt unable to pay the 
 exorbitant charges too often exacted. His reputation as 
 the friend of the poor, added to his acknowledged skill and 
 ability, gave him also a very large and more remunerative 
 practice among the wealthier clasess; and hence his patients 
 were among all classes, who equally appreciated his qualities. 
 In June, 1876, the late Charles J. F"olger, who became physi- 
 cally exhausted in the discharge of his duties as a judge of 
 the Court of Appeals, and was treated by Dr. Swinburne, 
 wrote him, " Since I had the pleasure and profit of calling 
 upon you in your professional capacity last winter, I have 
 been very much out of the city. I returned in May. I have 
 called at your house several times, but you were not at 
 home." 
 
TtKnorj) Till': MAN. 347 
 
 His Kucc^css as a practitioner is only eclipsed by his unex- 
 ampled philanthropic spirit, which has always been attuned 
 to the mute appeals of distress and want. He believes, in his 
 large-heartedness, that no home is too lowly for him to visit, 
 and no surroundings or circumstances strong enough to pre- 
 vent him from answering the call of a suffering fellow-being. 
 As an instance, we cite the case of a man at one time promi- 
 nent as an oarsman, and residing in a village near Albany, who 
 had been attacked with disease. He was the father of a large 
 family of small children, and had worked hard to support 
 them by driving a pedler's wagon, after he had become too 
 emaciated and exhausted to work at his trade as a stove- 
 mounter. He had been attended by an Albany physician 
 as long as he had money. As the disease progressed, he 
 became too weak to follow even the occupation of pedler ; 
 and the horse and wagon were sold, and the money expended. 
 The physician had no more interest in the case ; and, from 
 that time up to the man's death, he wao treated from the 
 Swinburne Dispensar}^ and visits made as regularly as if he 
 were as rich as the wealthiest. This story was told us at the 
 sick man's bedside a short time before his death. 
 
 Perhaps the crowning act of his professional career was 
 the establishment, in 1879, of the dispensary in Albany for the 
 treatment of every form of disease and accident. 
 
 . Notwithstanding the large amount of work he is doing in 
 the carrying on of the dispensary, and attending to his large 
 private practice, his advice and counsel are being constantly 
 sought by his professional brethren in other parts of the State, 
 as well as in the city of Albany and vicinity. Indeed, one 
 of his assistants declares that if the doctor were to give up 
 ever}'- other practice, and attend onl}- the consultations to 
 which he is invited, he would be like a presiding elder of 
 the Methodist Church, — constantly on the move, and seldom 
 at home. Whenever it is possible with him, he either at- 
 tends, or writes his opinions, in all cases where his skill is 
 called into requisition, without waiting to inquire to what 
 peculiar or particular school of medicine the parties inviting 
 him may belong. He thinks only of sujQfering humanity and 
 
348 A TYPICAL AMERICAN. 
 
 the victims of disease and pain, and never hesitates to inquire 
 whether the old or new or any other school will approve his 
 action, however lightly he may hold in estimation certain 
 methods of treatment. He holds that greater than all 
 professional ethics is the divine injunction "• to love thy 
 neighbor as thyself," and to do unto others as he would have 
 them do unto him. 
 
 So generally acknowledged is his skill as a physician and 
 surgeon, that even those of his profession who condemn his 
 great benevolence, and envy his success, are compelled to 
 admit his superior scientific abilities. Said a physician from 
 a village in another county recently, " There is not a physi- 
 cian in Albany I can call to consult in a critical case I have. 
 In their anxiety to gain reputations in surgery, they are almost 
 entirely neglecting medicines. They all want to be Swin- 
 burnes, but will not succeed either as physicians or surgeons." 
 Another said to the writer, in presence of another physi- 
 cian, that if he had done what Dr. Swinburne had done 
 for science, and had his renown, he would be satisfied with the 
 good he had done, and would kick any man to the capital who 
 would undertake to write his life, as they were doing Swin- 
 burne's, believing it was only done for political purposes. 
 This physician, who himself seeks notoriety, and desires to 
 be prominent, it is said on good authority, has frequently 
 called on the doctor for advice, and has taken to himself 
 the credit of performing operations where the generous and 
 unselfish surgeon stood by, and directed every movement as 
 it was made in the operation. The would-be kicking doctor, 
 who is in close fellowship with the political ring whom the 
 doctor has so often vanquished, was pertinently informed 
 there would be no occasion for his kicking, as there was no 
 material to write about in his case such as in that of Dr. 
 Swinburne. 
 
 The smiles which Fortune have bestowed upon Dr. Swin- 
 burne have been widely radiated upon those who are slighted 
 by the erratic dame. His estimate of wealth is in exact 
 proportion to the amount of good which may be conferred 
 by it upon humanity ; and his fine turnout is none too good to 
 
I5i:H()I.I) THE MAN. 349 
 
 be placed at the .service of his patients. His large, generous 
 lieartand kindly disposition symbolize the flag of his country, 
 and is broad enough to take within it all tiie oppressed, suf- 
 fering, and unfortunate of every nation. His pleasant coun- 
 tenance in the sick-room is a greater solace than many of the 
 antidotes administered, while his cheerful smile and social 
 deportment among men radiate a light and cheerfulness that 
 dispel all gloom, and reflect an ease and humor wherever 
 he appears. In himself, he is the true embodiment of that 
 democracy which knows no aristocracy except that of worth 
 or merit. 
 
 An ardent lover of justice, and a firm believer in the 
 sovereignty of the people, he proved himself equal to maintain 
 their rights in the contest over the mayoralty vote of Albany 
 in 1882, when Nolan was fraudulently declared to be elected 
 by a majority of 188 votes. 
 
 During his entire career, both militar}'- and civil, in the 
 discharge of duties professionally, or as a private citizen, or in 
 the administration of public trusts, Dr. Swinburne has main- 
 tained that errors winked at always grow upon us ; and that 
 it is therefore the duty of every citizen who loves his country, 
 at all times fearlessly to call attention to manifest imperfec- 
 tions and mismanagement or wilful misconduct in the admin- 
 istration of any branch of the government, without regard to 
 whose interests or feelings may be affected by the exposure. 
 He is a stanch adherent to the doctrine that the people should 
 rule, and that, when they do in fact, we will have as a 
 nation attained the ne plus ultra that good government will 
 be secured, and the object of a free republic attained. He 
 holds that if the idea once obtains an abiding hold that 
 citizens must wink at or pass silently over demonstrated 
 derelictions, or even indiscretions, in the government or its 
 officials, simply because they are the derelictions or indiscre- 
 tions of the government or its officers, we surrender at once 
 the right of the people, who are the masters, to hold their 
 servants in office to an accountability for their stewardship. 
 He insists that an honest administration of the government 
 of the state or nation never can be weakened, but, on the 
 
350 A TYPICAL AMERICAN. 
 
 contrary, will be strengthened, by a frank exhibition of its 
 defects ; and that that public official who is unwilling to have 
 his attention or that of his sovereigns called to errors in his 
 administration is a dishonest man, and will always be an 
 unsafe and unreliable servant of the people. 
 
 Some idea of his popularity, and the estimation in which 
 he is held by the voters of the Nineteenth Congressional 
 District, may be formed from the fact that his strength on 
 the Republican ticket reduced Cleveland's majority in Albany 
 County of 9,819 for Governor in 1882, to 626 for President 
 in 1884. He was elected to the Forty-ninth Congress by 
 2,504 majority, and this in face of the well-known popularity 
 of his opponent, — a revolution of public sentiment within two 
 years that resulted in a change of over 7,000 votes. 
 
 Such is a brief sketch of this typical American, so eminent 
 as a physician and surgeon, esteemed by the business-men of 
 his county because of his integrity, honored by the soldiers 
 as their friend, and loved by the poor as their benefactor. 
 Possessing all the firmness, excutive ability, and integrity 
 requisite in the honest and faithful discharge of any public 
 trust, his friends and fellow-citizens believe he would make 
 one of the best governors the State of New York has ever had, 
 and for that office are desirous of seeing him secure the 
 nomination of his party, believing that, if nominated, he will 
 be elected by a greater majority than any other man in the 
 State can command.