Tag Archives: Cancer
… with respect to any application to Congress, it would be inefficient, because the Constitution allows them to give no other reward for useful discoveries but the exclusive right for 14. years: and the care of the public health is not among those [powers] given to the general government, but remains exclusively with the legislatures of the respective states …
To James Houston, February 10, 1804
Patrick Lee’s Explanation
Wise leaders accept limits on their authority.
In a long curious letter to the President, Houston, a 52 year old farmer described being in Philadelphia for treatment of a cancer he’d suffered from for many years. He claimed to have been mostly healed and wanted to make the doctor’s cure known publicly. The doctor refused, because the pills he compounded to treat the cancer were a major source of income. Still, for $50,000, the doctor would release the formula.
Houston had written a “pamphlet,” some lengthy, rhyming narrative of his treatment and cure, and sent a portion of it to the President. He hoped to publish and sell it to raise funds toward that $50,000 goal. He sought a patent on his pamphlet. The President acknowledged a 14 year patent “for useful discoveries,” but that did not apply to Houston’s effort. Neither was the national government authorized by the Constitution to guard public health. Under the 10th Amendment, that authority remained with the individual states.
While he could not help his petitioner, Jefferson remained gracious. He concluded his letter by congratulating Houston “on his prospect of recovery, and sincerely wishes it may be compleated.”
Two months later, Houston filed for a copyright on his pamphlet in the federal court in Philadelphia and published it with the title, “A Plan for the Ladies Fund, in the United States of America, for the Relief of Those Afflicted with Cancers.”