5. Make copies in one book of every list obtained, of name and address of each person making or attesting such lists, and of all additional information likely to be of value.
6. Send off attested lists to me in registered letters as soon as obtained, marking in your M.S. book the exact duplicate in case of loss and sending a separate letter to Miss P. to announce dispatch.
7. Do not let your own M.S. book out of your hands for any purpose.
8. Send all lists on foolscap and not on foreign paper.”
The ambassador seems to have carried through her mission most efficiently, and an imposing array of names was the result. At any rate that vein was now worked out.
In the meantime “the great Summons” was duly delivered, and on March 27th the Senatus met to consider what action they should take with regard to it. We get the following informal account of what took place from Miss Pechey:
“I could not get particulars of the Senatus meeting ... till too late to write last night, but it appears that it was first moved to defend the action; then Fleeming Jenkin proposed that an attempt should be made to have an amicable lawsuit. This was negatived by 17 to 10, and then the other motion not to defend the action being put against the first, was negatived by 22 to 5. Many of our friends voted to defend,—Wilson amongst others. He says he feels sure that the thing will never be fairly settled without a legal decision. I saw him today in his office. He is very anxious you should get some member to ask a question when the Parliamentary grant is being arranged.[[99]] He told me the enemy were dreadfully angry at the suit, from which he concluded that our Summons is well drawn up.”
“This was the great argument for assenting to the corporate defence,” writes Professor Masson, “i.e. that the Senatus could not possibly let judgment go by default, which would yield all your demands (compulsion of Professors, etc.) and yet not really settle the thing, inasmuch as the Professors or anyone might afterwards reopen the whole judgment. On the same ground it is that friends don’t seem to want to stir individually. They say the defence is corporately by the Senatus and everybody will understand that, and hence that individual secession is superfluous. Tait, however, said he would consult his lawyer, and Craufurd and Jenkin meditated something of the same.”
On the other hand, six members of the Senatus—anxious though they well might be to have the weary question settled one way or the other—simply could not allow the resolution to pass without protest, and the following minute is duly recorded in the books of the University:
“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.”