On the following Monday, October 16, I, moreover, received an official

notice that the Dean of the Medical Faculty had been interdicted by

the Faculty from giving to ladies any papers for the Preliminary

Examination in Arts, which was to take place _on the following day_,

October 17! Three ladies had come up to Edinburgh from different parts

of the country with the express object of passing these examinations,

and, if prevented from doing so, they would be retarded in their

studies to the extent of one year. The excessive shortness of the

notice given made it impossible even to appeal to the Senatus, and

the only course open to me was to submit the facts for the opinion

of counsel. This was done, and we were informed that the course

taken by the Medical Faculty was quite illegal,[99] while an express

invitation to lady students formed part of the official calendar of the

University. This opinion was forwarded to the Dean, whose kindness

to us had been invariable; and, I am sure that he was glad by it to

be released from the painful necessity of obeying the Medical Faculty

in this matter. The ladies were accordingly examined in the ordinary

course.

But the excitements of the month were not yet at an end. On applying

for matriculation tickets the ladies were informed by the Clerk that

the Principal, Sir Alexander Grant, had written him word that, in

consequence of representations made to him by Professor Christison, he

desired that no ladies should at present be allowed to matriculate. On

this point, and that regarding the Professional Examination, we, of

course, appealed at once to the Senatus. At the meeting at which our

appeal was considered, “the Committee for securing complete Medical

Education for Women in Edinburgh” also presented the opinion obtained

by them from counsel, together with a letter urging that complete

provision should be made for our instruction. At their meeting on

October 21, the Senatus at once decided both points of appeal in our

favour. The Principal’s prohibition, which had never had any legal

weight, was overruled, and the permission to women to matriculate

and pass the Arts Examinations was renewed, and declared to be in

force so long as the present regulations stood in the calendar. The

Medical Faculty also were instructed at once to admit the ladies who

were prepared for it to the Professional Examination on the following

day; and I am happy to say that, in spite of the incessant worry to

which they had been subjected for the past ten days, they all passed

successfully. I am sure that all those who have had to prepare for

severe University examinations will appreciate the difficulties under

which they did so.[100]

A few days later came a meeting of the University Council, when Dr

Alexander Wood made a gallant attempt to get a vote passed to the

effect that “the University is bound, in honour and justice, to

render it possible for those women who have already commenced their

studies, to complete them.”[101] The _Lancet_ remarked, respecting

this motion:--“This is precisely the ground we have always taken

up about the matter; and we hope that the General Council of the

University will, by the adoption of Dr Alexander Wood’s motion, put

an end to the controversy which had redounded so little to the credit

of that school.”[102] A memorial in favour of the resolution was

also presented, signed by more than nine thousand women, residing

in all parts of the country, and representing almost every rank in

society.[103] Very vigorous opposition to it was, however, made by

Professors Turner, Thomson, and Christison, all of whom were members

of the Medical Faculty, and ultimately an amendment, which proposed to

leave the question to be settled by the Senatus and University Court,

was carried by 107 votes to 97.[104]

At a meeting of the Senatus held on Oct. 30th, the question of making

further provision for the instruction of women was brought forward,

and a letter was received from the Committee of our friends stating

that, “in the event of special lecturers being appointed by the

University to give qualifying instruction to women, the Committee are

willing to guarantee the payment to them of any sum that may be fixed

by the Senatus for their remuneration, in case the fees of the ladies

are insufficient for that purpose; and that, if necessary, they are

willing further to undertake to provide such rooms and accommodation

as may be required for the delivery of the said lectures, if it should

be found absolutely impossible for the University to provide space

for that purpose.” After a long debate the Senatus decided, by a

majority, that they would not take any steps to enable us to complete

our education. At a meeting a few days later the Senatus further

decided, by fourteen votes to thirteen, to recommend to the University

Court that the existing regulations in favour of female students be

rescinded, without prejudice, however, to the rights of those already

studying. This resolution was, as I said, passed by fourteen votes to

thirteen, and it may be worth while to mention that two of the fourteen

votes were those of Dr Christison and Sir Alexander Grant, who were

themselves members of the University Court to which the recommendation

was to be made. That the proposed measure was not the wish of a real

majority of the Professors was soon made abundantly clear, for a

protest against it was sent up to the Court, signed by eighteen out

of the thirty-five Professors of the University, while two out of the

remaining seventeen were persistently neutral, never indeed having

voted on the question from first to last. In the teeth of this protest

it was, of course, almost impossible that the Regulations could be

rescinded, and so they were once more confirmed by the University Court

on January 3, 1872.

The next event of importance was the annual re-election of Infirmary

managers, six of whom were to be chosen at the contributors’ meeting at

the beginning of January 1872. As on a former occasion, the election

evidently turned wholly on our admission to, or exclusion from, the

Infirmary wards. The medical party moved the re-election of the former

managers, and they were sure of the support of everybody who did not

consider our admission a vital question. Our friends, on the contrary,

brought forward a list of gentlemen, all of whom were known to be

friendly to our cause. After a very warm debate the list of our friends

proved to be successful, being supported by 177 votes, while 168 were

recorded on the other side. Professor Masson then moved that a Statute

be enacted by the Court of Contributors, giving the same educational

advantages in the Infirmary to female as well as to male students.

The hostile party, finding themselves in a minority, endeavoured to

prevent this being put to the vote on technical grounds which were

subsequently found to be of no legal importance. Failing in this, they

then adopted the remarkably dignified course of decamping in a body,

accompanied, I must confess, by some ironical cheers from those left

behind. In the lull that succeeded Professor Masson brought forward his

motion, which was seconded by the Rev. Dr Guthrie, and passed without a

dissentient voice. This Statute is, therefore, now actually law in the

Infirmary, and considering that managers friendly to us had also been

elected, it might have been thought that our difficulties there were

at end. But now comes the most extraordinary part of the whole story.

On a scrutiny of the votes it was found that with the majority had

voted twenty-eight firms, thirty-one ladies, and seven doctors. On the

other side were fourteen firms, two ladies, thirty-seven doctors, and

three druggists. These figures may seem, indeed, to have a tolerable

moral significance, but it is not with that that I am at this moment

concerned. It occurred to the defeated party that here might be found a

straw for them, drowning, to catch at,--that possibly a legal objection

might be sustained against the votes of firms which were so largely in

our favour, and that, if so, the victory might yet be secured![105]

The result was, that, when the Contributors assembled at the adjourned

meeting,[106] for the purpose of hearing the result of the scrutiny

and the final declaration of the election, the Lord Provost found

himself served with an Interdict forbidding him to declare the new

managers duly elected, on the ground that the votes of firms were

incompetent, and that by means of these the majority had been obtained!

Instances have occurred before now where personal feelings have

triumphed over public interests, but I do not think that I ever heard

of quite so reckless a course as this, by which the medical clique has

plunged the great Edinburgh Hospital into litigation, and that with

some of its own most generous supporters, rather than allow a dozen

women to obtain in its wards the instruction that the Contributors had

decreed they should receive![107]

The litigation thus begun is still pending, and the incomplete Board

of Managers have for all these months carried on the business of

the Infirmary without any representatives at all from the Court of

Contributors; and it is probable that they make the very fact of their

deficient numbers the excuse for having up to this moment given no

effect whatever to the Statute unanimously passed in our favour last

January by the Court of Contributors. We applied immediately after

the meeting for tickets of admission, but were told that the managers

must first be consulted, and from that day to this no tickets have

been issued to us, though the statute referred to legally secured that

“henceforth all registered students of medicine shall be admitted to

the educational advantages of the Infirmary, without distinction of

sex.” The matter, however, can now be only one of time; and, since

the law of the Infirmary is at length on our side, our opponents may,

I think, rest assured that our patience in awaiting the end will be

at least equal to theirs. In all such struggles a present triumph

may be snatched by those in brief authority, but the future belongs

inalienably to the cause of justice and liberality.

In the meantime, I had, on behalf of my fellow-students and myself,

appealed to the University Court to provide us with the means of

completing our education, and our friends of the Committee also

forwarded to the Court a further legal Opinion from the Lord Advocate

and Sheriff Fraser, to the effect,--that the University authorities

had full powers to permit the matriculation of women in 1869; that the

Resolutions then passed amounted to a permission to women to “_study

medicine_” in the University, and that therefore the women concerned

were entitled to demand the means of doing so; and finally, that if

such means were persistently refused, the legal mode of redress lay in

an Action of Declarator.[108]

On January 8th, 1872, the University Court declared that they could not

make any arrangements to enable us to pursue our studies with a view

to a degree, but that, _if we would altogether give up the question of

graduation_,[109] and be content with Certificates of Proficiency, they

would try to meet our views!

In reply, I represented to the Court that no “Certificates” were

recognised by the Medical Act, and that any such documents would

therefore be perfectly useless to us. I further urged that as

matriculation fees had been exacted from us, in addition to the fees

for tuition, and as we had been required to pass the Preliminary

Examination “_for the medical degree_,” and as some of our own number

had moreover passed the first Professional Examination, I could not but

believe that we were entitled to demand the means of completing the

ordinary University education, with a view to obtaining the ordinary

degree; such belief being moreover confirmed by the emphatic opinion of

very distinguished counsel. On these grounds I entreated the Court to

reconsider their decision, and made the following suggestion:--

“That, as the main difficulty before your honourable Court seems to be

that regarding graduation, with which we are not immediately concerned

at this moment, we are quite willing to rest our claims to ultimate

graduation on the facts as they stand up to the present date; and, in

case your honourable Court will now make arrangements whereby we can

continue our education, we will undertake not to draw any arguments in

favour of our right to graduation from such future arrangements, so

that they may at least be made without prejudice to the present legal

position of the University.”

I appeal to every intelligent man and woman to say whether these

words, taken in connection with my previous argument, were in the

slightest degree ambiguous, or whether any doubt could really exist

that in them I was pleading for facilities for such an education as

would ultimately enable us to become legal practitioners of medicine,

although I was willing that the actual question of graduation should

remain in abeyance for a few months, till decided by legal authority,

or otherwise. The public evidently so understood my letter, which was

published in the papers, for it was considered that I had substantially

gained my end, when the following reply from the secretary of the Court

was also published:--

“I am desired to inform you that you appear to ask no more than was

offered by the Court in their resolution of the 8th ultimo, in which

it was stated that, while the Court were restrained by legal doubts

as to the power of the University to grant degrees to women from

considering ‘the expediency of taking steps to obtain, in favour of

female students, an alteration of an ordinance which might be held not

to apply to women,’ they were ‘at the same time desirous to remove,

so far as possible, any present obstacle in the way of a complete

medical education being given to women; provided always that medical

instruction to women be imparted in strictly separate classes.’ On the

assumption, therefore, that while you at present decline the offer

made by the Court with reference to certificates of proficiency, you

now ask merely that arrangements should be made for completing the

medical education of yourself and the other ladies on behalf of whom

you write, I am to state that the Court are quite ready to meet your

views. If, therefore, the names of extra-academical teachers of the

required medical subjects be submitted by yourself, or by the Senatus,

the Court will be prepared to consider the respective fitness of the

persons so named to be authorised to hold medical classes for women

who have, in this or former sessions, been matriculated students

of the University, and also the conditions and regulations under

which such classes should be held. It is, however, to be distinctly

understood that such arrangements are not to be founded on as implying

any right in women to obtain medical degrees, or as conferring any

such right upon the students referred to.”

My friends, as I say, congratulated me on this apparently important

concession; but to make assurance doubly sure, I resolved to have

absolute official confirmation of the apparent meaning of the

Resolution, and therefore addressed another letter to the Court, in

which, after thanking them for their apparent good intentions, I

enquired whether I was correct in understanding--

“1. That, though you at present give us no pledge respecting our

ultimate graduation, it is your intention to consider the proposed

extra-mural courses as ‘qualifying’ for graduation, and that you will

take such measures as may be necessary to secure that they will be so

accepted, if it is subsequently determined that the University has the

power of granting degrees to women.

“2. That we shall be admitted in due course to the ordinary

Professional Examinations, on presentation of the proper certificates

of attendance on the said extra-mural classes.”

In reply, I was calmly informed that the Court meant nothing of the

kind; that they would not agree to count any classes we might take

as qualifying, and that in fact they would not stir a finger in any

way whatever to enable us to become legally qualified doctors, though

they might, if we spent a good many years of labour and a quite

unlimited sum of money in obtaining our education, give us at the end

these wonderful Certificates of Proficiency, which would be worth

exactly--Nothing!

What had been the meaning of the previous letter of apparent concession

I confess myself quite at a loss to conceive. What advantage could

accrue to us from submitting the names of extramural teachers to

the Court, in which Professor Christison was the only medical man,

I have never been able to guess, since the Court did not intend to

take any means to make their teaching qualify for graduation, and we

hardly needed its sanction in order to make private arrangements for

non-qualifying instruction! One is inclined to wonder whether the

idea was that the University Court possessed some supernatural power,

analogous to that supposed by certain churches to reside in episcopal

laying on of hands, which would in a miraculous way benefit those

lecturers whom they might “authorise” to teach us, though such teaching

was to be given in place and manner wholly unconnected with that

University with which I had supposed their functions to be exclusively

connected. However, I am content to leave this among the unexplained

mysteries, with very hearty thankfulness that, at least, by timely

enquiries, we saved ourselves from a still more hopeless waste of time

and money, which indeed we were on the point of incurring, in reliance

on the good faith of the Court, and the apparent meaning of its

mysterious Resolution.[110]

Having, however, at length arrived at a certainty that the Medical

Faculty would rest with nothing short of our expulsion, if by any

possibility they could attain that end; that the Senatus, though far

more friendly, had not a sufficient majority of liberal votes to

secure the permanent concession of our claims, however just, in the

teeth of the strong medical opposition; and that the University Court

would offer only such concessions as were quite valueless for our

end, it became clear that it was useless to prolong the series of

supplications which had, for nearly a year, been addressed in vain to

one after another of the the ruling powers of the University.

On the other hand, we had no less authority than that of the Lord

Advocate of Scotland for believing that we were absolutely entitled

to what we had so humbly solicited, and that a Court of law would

quietly award to us what seemed unattainable by any other means;

we had the very widely spread and daily increasing sympathy of the

community at large, and received constant offers of help from friends

of every kind, who were none the less inclined to befriend us because

our opponents stood in high places, and were utterly relentless in

their aims and reckless in their means. Under these circumstances, we

have done the one thing that remained for us to do, we have brought an

action of Declarator against the Senatus of the University;--praying

to have it declared that the Senatus is bound, in some way or other,

to enable us to complete our education, and to proceed to the medical

degree which will entitle us to take place on the Medical Register

among the legally qualified practitioners of medicine. By this

action it will be decided,--once more to quote our great champion,

the _Scotsman_,--whether, indeed, “a University can, with formal

solemnity, and with the concurrence of all its component parts, decree

the admission of women to study for the profession of medicine, and

then deny them access to those means by which alone they can enter that

profession; whether, indeed, a University is absolved from all duties

towards such of its matriculated students as may have the misfortune

to be women. It will have to be decided whether any corporate body can

make a contract of which all the obligations are on one side, and can

exact fees and demand obedience to regulations, without in its turn

incurring any responsibility; and can at pleasure finally send empty

away those whose presence is inconvenient, without any regard to the

money and time and labour which they have expended in simple reliance

upon its good faith.”[111]

It is a very great satisfaction to me to find that some of the most

illustrious members of the Senatus have expressed their own opinion on

these points in the most emphatic way, for they have refused utterly

to be parties to the defence of this action, and have entered on the

Record a Minute from which I extract the following passage:--

“We dissent from and protest against the Resolution of the Senatus

of March 27, 1872, to undertake the defence of the action. This we

do for the following reasons:--(1.) Because we see no just cause for

opposing the admission of women to the study and practice of medicine,

but on the contrary, consider that women who have honourably marked out

such a course of life for themselves, ought to be forwarded and aided

in their laudable endeavour as much as possible, by all who have the

means, and especially by those having authority in any University or

other Institution for Education; (2.) Because in particular, we feel

such aid and encouragement, rather than opposition and discouragement,

to be due from us to those women who have enrolled themselves in the

University of Edinburgh, and we entirely concur with respect to them,

in the desire expressed by Sir William Stirling-Maxwell, the Rector

of the University, that they should obtain what they ask--namely,

a complete medical education, crowned by a degree; (3.) Because we

have seen no sufficient reason to doubt the legal and constitutional

powers of our University, to make arrangements that would be perfectly

adequate for the purpose, and we consider the public questioning of

such powers, in present circumstances, by the University itself, or

any of its component bodies, unnecessary, impolitic, and capable of

being construed as a surrender of permanent rights and privileges of

the University, in order to evade a temporary difficulty; (4.) Because,

without pronouncing an opinion on the question now raised as to the

legal rights which the pursuers have acquired by matriculation in the

University, admission already to certain examinations, or otherwise, to

demand from the University continued medical instruction and the degree

on due qualification, we yet believe that they have thereby, and by

the general tenor of the proceedings, both of the Senatus and of the

University Court in their case, hitherto acquired a moral right, and

created a public expectation, which the University is bound to meet by

the full exercise of its powers in their behalf, even should it be with

some trouble; (5.) Because, with these convictions, and notwithstanding

our utmost respect for those of our colleagues from whom we may have

the misfortune to differ on the subject, we should individually feel

ashamed of appearing as defenders in such an action, and should account

any such public appearance by us in the character of opponents to women

desiring to enter an honoured and useful profession, a matter to our

discredit.”[112]

The following are the names of the six Professors who have taken this

memorable stand:--John Hughes Bennett, M.D., Professor of Institutes

of Medicine; David Masson, M.A., Professor of Rhetoric and English

Literature; Henry Calderwood, LL.D., Professor of Moral Philosophy;

James Lorimer, M.A., Professor of Public Law; Archibald H. Charteris,

D.D., Professor of Biblical Criticism and Biblical Antiquities; and

William Ballantine Hodgson, LL.D., Professor of Political Economy.[113]

And so I have brought down as clearly and as briefly as I have been

able the history of this great struggle to the present moment, for that

it is a great struggle, and one that will astound most of those who may

read these lines some thirty years hence I think no thoughtful person

will deny.

I should like in conclusion to say a very few words on two only of the

general questions which are bound up with the final solution of the

problem of the Medical Education of Women.

Medical Women: Two Essays · 第 6 / 12 段