Part 4

Since no copy of this agreement was found, we do not know what inducement was offered to Moore and White. However, hundreds of announcements of the settlement, directed "To the debtors of the late firm of A.J. WHITE & CO." were printed, advising that

The controversy and the difficulties between the members of the old firm of A.J. White & Co. of No. 50 Leonard Street, New York, being ended, we hereby notify all parties to whom MORSE'S INDIAN ROOT PILLS were sent or delivered prior to January 1, 1859, and all parties holding for collection or otherwise, any of said claims or demands for said Pills, that we the undersigned have forever relinquished, and have now no claim, right, title or interest in said debts or claims, and authorize the use of the names of said firm whenever necessary in recovering, collecting and settling such debts and claims.

The announcement was signed by Andrew J. White and Andrew B. Moore.

This should have been the end of this wearisome affair, but it was not. It soon appeared that Moore had violated this agreement by concealing a number of accounts, together with a quantity of pills, circulars, labels, and a set of plates, and, in the words of Comstock's complaint, transferred them "to James Blakely, an irresponsible person in Canada West." And Blakely evidently continued to collect such accounts for the benefit of himself and Moore. However, the Comstocks also entered the scene of strife, and sometime during the summer of 1862 William Henry Comstock, then traveling in Ontario, collected a note in the amount of $7.50 in favor of A.J. White & Co., as he had every right to do, but endorsed it "James Blakely for A.J. White & Co." Blakely, when he learned of this, charged Comstock with forgery; Comstock in turn charged Blakely with libel. Comstock probably defended his somewhat questionable endorsement by the agreement of March 26 of the previous year; in any event the case was dismissed by a Justice of the Peace in Ottawa without comment. In New York City, on November 25, the Comstocks had Moore arrested again, with White at this time testifying in their support. There was also an attempt to prosecute Blakely in Canada; his defense was that he had bought the disputed accounts and notes from Moore on March 11, 1861--a few days before the agreement with the Comstocks--and that his ownership of these notes was thereafter absolute and he was no longer working as an agent for Moore.

This controversy was still in the courts as late as April of 1864, and its final outcome is not known. But in any case, aside only from Moore's and Blakely's attempts to collect certain outstanding accounts and to dispose of stock still in their hands, the agreement of March 26, 1861, left the Comstocks in full and undisputed possession of Dr. Morse's Indian Root Pills. White thereafter continued in the patent-medicine business in New York City on his own; his firm was still active as recently as 1914. The subsequent history of Moore is unknown.

*The Brothers Part Company*

One would imagine that the three partners of Comstock & Brother would have been exhausted by litigation and would be eager to work amicably together for years. But such was not to be the case. The recovered records give notice of a lawsuit (1866) between George Comstock on the one hand and William H. Comstock and Judson on the other. No other documents relating to this case were found, and thus the precise issue is not known, or how it was finally settled. However, it was obviously a prelude to the dissolution of the old firm.

Letters and documents from the several years preceding this event suggest that Judson had become more prominent in the business, and that he and William H. Comstock had gradually been drawing closer together, perhaps in opposition to George. Judson, although a partner of Comstock & Brother, also operated under his own name at 50 Leonard Street and had originated several of the medicines himself. It is not clear whether the old firm of Comstock & Brother was formally dissolved, but after 1864 insurance policies and other documents referred to the premises as "Comstock & Judson." In 1863 the federal internal revenue license in connection with the new "temporary" Civil War tax on the manufacturing of drugs was issued simply to B.L. Judson & Co., now located, with the Comstocks, at 106 Franklin Street.

During this period Judson and William Henry Comstock became interested in a coffee-roasting and spice-grinding business, operated under the name of Central Mills, and located in the Harlem Railroad Building at the corner of Centre and White Streets. Possibly George objected to his partners spreading their energies over a second business; in any case, dissension must have arisen over some matter. On April 1, 1866, balance sheets were drawn up separately for B.L. Judson & Co. and Comstock & Judson; the former showed a net worth of $48,527.56 against only $5,066.70 for the latter. Both of these firms had a common bookkeeper, E. Kingsland, but the relationship between the firms is not known.

On April 25, Judson and William H. Comstock sold their coffee-roasting business to one Alexander Chegwidden, taking a mortgage on the specific assets, which included, besides roasters and other machinery, a horse and wagon. But if this had been a factor in the controversy among the partners, the sale failed to end it, for we find that on December 21, 1866, George W. obtained an injunction against William Henry and Judson restraining them from collecting or receiving any accounts due the partnership of B.L. Judson & Co., transferring or disposing of any of its assets, and continuing business under that name or using any of its trademarks. Unfortunately, we have no information as to the details of this case or the terms of settlement, but we do find that on February 1, 1867, the law firm of Townsend, Dyett & Morrison rendered a bill for $538.85 to B.L. Judson and William H. Comstock for "Supervising and engrossing two copies of agreement with George W. Comstock on settlement" and for representing the two parties named in several actions and cross actions with George.

This settlement, whatever its precise character may have been, obviously marked the termination of the old partnership--or, more properly, the series of successor partnerships--that had been carried on by various of the Comstock brothers for over thirty years. William Henry, the former clerk and junior partner--although also the son of the founder--was now going it alone. Before this time he had already transferred the main center of his activities to Canada, and he must have been contemplating the removal of the business out of New York City.

After this parting of the ways, George W. Comstock was associated with several machinery businesses in New York City, up until his death in 1889. During the Draft Riots of 1863 he had played an active role in protecting refugees from the Colored orphanage on 43rd Street, who sought asylum in his house at 136 West 34th Street.

*Dr. Morse's Pills Move to Morristown*

In April 1867, the home of Dr. Morse's Indian Root Pills and of the other proprietary remedies was transferred from New York City to Morristown, a village of 300 inhabitants on the bank of the St. Lawrence River in northern New York State. This was not, however, the initial move into this area; three or four years earlier William H. Comstock had taken over an existing business in Brockville, Ontario, directly across the river. No specific information as to why the business was established here has been found, but the surrounding circumstances provide some very good presumptions.

The bulk of the Comstocks' business was always carried on in rural areas--in "the back-woods." Specifically, the best sales territory consisted of the Middle West--what was then regarded as "The West"--of the United States and of Canada West, i.e., the present province of Ontario. A surviving ledger of all of the customers of Comstock & Brother in 1857 supplies a complete geographic distribution. Although New Jersey and Pennsylvania were fairly well represented, accounts in New York State were sparse, and those in New England negligible. And despite considerable travel by the partners or agents in the Maritime Provinces, no very substantial business was ever developed there. The real lively sales territory consisted of the six states of Ohio, Indiana,

Illinois, Michigan, Wisconsin, and Iowa, which accounted for over two thirds of all domestic sales, while Canada West contributed over 90 percent of Canadian sales. More regular customers were to be found in Canada West--a relatively compact territory--than any other single state or province. The number of customers of Comstock & Brother in 1857 by states and provinces follows:

Alabama 12 Arkansas 1 Connecticut 3 Delaware 5 D.C. 1 Florida 5 Georgia 15 Illinois 415 Indiana 298 Iowa 179 Kansas Ter. 1 Kentucky 21 Louisiana 7 Maine 2 Maryland 21 Massachusetts 5 Minnesota Ter. 6 Mississippi 8 Missouri 32 Michigan 194 New York State 88 New York City 3 New Jersey 212 New Hampshire 1 North Carolina 9 Ohio 179 Pennsylvania 192 Rhode Island 2 South Carolina 5 Tennessee 21 Texas 1 Virginia 30 Wisconsin 303 New Brunswick 15 Nova Scotia 19 Canada East (Quebec) 7 Canada West 434

Total United States 2,277 Total Canada 475

The concentration of this market and its considerable distance from New York City at a time when transportation conditions were still relatively primitive must have created many problems in distribution. Moreover, the serious threat to the important Canadian market imposed by White and Moore, although eventually settled by compromise, must have emphasized the vulnerability of this territory to competition.

It was also probable that the office in lower Manhattan--at 106 Franklin Street after May 20, 1862--was found to be increasingly congested and inconvenient as a site for mixing pills and tonics, bottling, labeling, packaging and shipping them, and keeping all of the records for a large number of individual small accounts. A removal of the manufacturing part of the business to more commodious quarters, adjacent to transportation routes, must have been urgent.

But why move to as remote a place as Morristown, New York, beyond the then still wild Adirondacks? It is obvious that this location was selected because the company already had an office and some facilities in Brockville, Canada West.

William H. Comstock must have first become established at Brockville, after extensive peregrinations through Canada West, around 1859 or 1860. During the dispute between A.J. White and Comstock & Judson, Blakely, the aggressive Canadian agent, had written to White, on September 1, 1859, that he had heard from "Mr. Allen Turner of Brockville" that the Comstocks were already manufacturing Dr. Morse's Indian Root Pills at St. Catherines. Evidently the Comstocks thought of several possible locations, for on July 2 of the following year Blakely advised his principals that the Comstocks were now manufacturing their pills in Brockville. Two years later, in November 1862, when Blakely sued William H. Comstock for the forgery of a note, the defendant was then described in the legal papers as "one Wm. Henry Comstock of the town of Brockville Druggist." And in July 1865, Comstock was writing from Brockville to E. Kingsland, the bookkeeper in New York City, telling him to put Brenner--the bearer of the letter--"in the mill." Comstock had apparently taken over an existing business in Brockville, as receipts for medicines delivered by him describe him as "Successor to A.N. M'Donald & Co." Dr. McKenzie's Worm Tablets also seem to have come into the Comstock business with this acquisition.

This did not mean a final move to Brockville for William H. Comstock; for several years he must have gone back and forth and was still active in New York City as a partner of his brother and of Judson. We have seen that he subsequently went into partnership with Judson in the purchase of the coffee-roasting business. In December 1866, he was a defendant in the lawsuit initiated by his brother George, when he was still apparently active in the New York City business. Nevertheless, he apparently shifted the center of his activities to the Brockville area about 1860, relinquishing primary responsibility for affairs in New York City to his brother and to Judson.

We now find the Comstock business established at Brockville. Exactly why a second plant was built at Morristown, right across the river, is again a matter for conjecture. It is a fair assumption, however, that customs duties or other restraints may have interfered with the ability of the Canadian plant to supply the United States market. Thus, facilities on the other side of the border, but still close enough to be under common management, must have become essential. In an era of water transportation, Morristown was a convenient place from which to supply the important middle western territory. Ogdensburg was the eastern terminus of lake boats, and several lines provided daily service between that point and Buffalo. The railroad had already reached Ogdensburg (although not yet Morristown) so that rail transportation was also convenient. And the farms of St. Lawrence County could certainly be counted upon to supply such labor as was necessary for the rather simple tasks of mixing pills and elixirs and packaging them. Finally, the two plants were directly across the river from each other--connection was made by a ferry which on the New York side docked almost on the Comstock property--so that both could easily be supervised by a single manager. In fact, if it had not been for the unusual circumstance that they were located in two different countries, they could really have been considered as no more than separate buildings constituting a single plant.

Surviving receipts for various goods and services show that the move to Morristown was carried out in March or April of 1867. Although the Morristown undertaking was obviously regarded as a continuation of the New York business, it was operated by William Henry Comstock as the sole proprietor for many years, and the terms of any settlement or subsequent relationship with Judson are unknown. A "Judson Pill Co." was subsequently established at Morristown, but this was no more than a mailing address for one department of the Comstock business. What happened to Judson as an individual is a mystery; like Moore, he quietly disappears from our story.

It is also puzzling that no record of the transfer of land to Mr. Comstock upon the first establishment of the pill factory in Morristown in 1867 can be found. The earliest deed discovered in the St. Lawrence County records shows the transfer of waterfront property to William Henry Comstock "of Brockville, Ontario," from members of the Chapman family, in March 1876. Additional adjoining land was also acquired in 1877 and 1882.

*The Golden Era*

With the establishment of the Comstock patent-medicine business at Morristown in 1867, this enterprise may be said to have reached maturity. Over thirty years had passed since William Henry's father had established its earliest predecessor in lower Manhattan. Possession of Dr. Morse's Indian Root Pills was now unchallenged, and this and the other leading brand names were recognized widely in country drug stores and farmhouses over one third of a continent. No longer did the medicines have to be mixed, bottled, and packaged in cramped and dingy quarters above a city shop; spacious buildings in an uncongested country village were now being used. No further relocations would be necessary, as operations exceeded their capacity, or as landlords might elect to raise rents; the pill factory was to remain on the same site for the following ninety years. And the bitter struggles for control, perhaps acerbated because of the family relationship among the partners, were now a thing of the past. William H. Comstock was in exclusive control, and he was to retain this position, first as sole proprietor and later as president, for the remainder of his long life.