For Monopoly’s rights let us a’ fecht or fa’,

Or be brayed up small in oor mortars, sirs!

Chorus—Ho! for the barrin’ o’ oor door weel! weel! weel!

The barrin’ o’ oor door weel!

Scotsman, Feb. 13, 1872.

[NOTE T], [p. 125].

This correspondence is so remarkable that I subjoin it entire.

(1) To the University Court.

“15 Buccleuch Place, November 21, 1871.

“Gentlemen,—It is now two years since you passed a series of resolutions, dated 12th November 1869, to the effect that ‘women shall be admitted to the study of medicine in the University.’

“In the time that has since elapsed, I and those ladies who matriculated with me at that date, have completed one-half of the studies necessary for graduation in the University of Edinburgh. Nearly five months ago, I ventured to point out to the Senatus Academicus that, unless further arrangements were made, it would be impossible for us to complete the studies which we have begun with your express sanction. After pointing out the existing difficulties, I ventured further to make two suggestions, either of which, if adopted, might enable us to complete our education in the University. In reply, however, I was informed that the Senatus, ‘having taken the opinion of counsel with reference to the proposals contained in the memorial of date 26th June 1871, find themselves unable to comply with either of those proposals.’

“I understand, however, that since the date referred to, another legal opinion has been obtained from the Lord Advocate and Sheriff Fraser, and has been laid before the Senatus, and by them forwarded to your honourable Court. As, however, the Senatus still appear unwilling to initiate any measure by which we may be relieved from our present difficulties, I feel constrained now to appeal to you, in my own name and that of my fellow-students, to take such action as shall enable us to complete our studies.

“I beg to represent to you that we have all paid matriculation fees for the present year, and are by our tickets declared to be ‘Cives Academiæ Edinensis,’ and that yet we, who commenced our studies in 1869, are unable during the present session to obtain any further classes whatever towards completing our required course of study.

“We understand from those friends who have taken legal opinion on the subject—and doubtless such opinion will be laid before you simultaneously with this letter—that we are entitled to demand from the University the means of completing our studies, and that, failing any other alternative measures, we can claim the instruction of the Medical Professors to the extent needed to complete our curriculum.

“We beg, therefore, most respectfully to request that, unless any other mode of supplying our needs seems preferable to you, you will vouchsafe to ordain that the Professors, whose courses we are bound by the University regulations to attend, shall give us the requisite instruction.—I beg to subscribe myself, Gentlemen, your obedient servant,

“Sophia Jex-Blake.”

(2.) Minute of University Court of January 8, 1872.

“The University Court have had under consideration the letters of Miss Jex-Blake and Miss Louisa Stevenson, of 21st November, 1871, and other relative documents laid before them on behalf of the women who have been admitted by the regulations of the Court of November 10th, 1869, to study medicine in the University.

“In these papers it is stated that certain Professors of the Faculty of Medicine have declined to give separate classes of instruction to women; and the Court are asked either (1) to extend, in the case of female medical students, the privilege granted by ordinance by the Universities’ Commissioners, to lecturers, not being Professors in a university, of qualifying for graduation by their lectures, which privilege is now restricted to four of the prescribed subjects of study; or (2) To authorise the appointment of special lecturers to give, in the University, qualifying courses of instruction in place of those Professors who decline to do so; or (3.) To ordain that the Professors referred to shall themselves give the necessary courses of instruction to women.

“The second course suggested it is not in the power of the Court, or other University authorities, singly or jointly to adopt.

“The third course is equally beyond the power of the Court. The Act of 1858 vests in the Court plenary powers to deal with any Professor who shall fail to discharge his duties, but no Professor can be compelled to give courses of instruction other than those which, by the use and wont of the University, it has been the duty of the holders of his chair to deliver.

“The first of the proposed measures would imply an alteration in one of the ordinances for graduation in medicine (No. 8, clause vi., 4). Such alteration could be made by the University Court only with the consent, expressed in writing, of the Chancellor, and with the approval of Her Majesty in Council.

“But to alter, in favour of female students, rules laid down for the regulation of graduation in medicine would imply an assumption on the part of the Court, that the University of Edinburgh has the power of granting degrees to women. It seems to the Court impossible to them to assume the existence of a power that is questioned in many quarters, and which is both affirmed and denied by eminent counsel. So long as these doubts remain, it would, in the opinion of the Court, be premature to consider the expediency of taking steps to obtain, in favour of female students, an alteration of an ordinance which may be held not to apply to women.

“Though the Court are unable to comply with any of the specific requests referred to, they are 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.

“The Court are of opinion that the question under reference has been complicated by the introduction of the subject of graduation, which is not essential to the completion of a medical or other education. The University of London, which has a special charter for the examination of women, does not confer degrees upon women, but only grants them ‘certificates of proficiency.’ If the applicants in the present case would be content to seek the examination of women by the University for certificates of proficiency in medicine, instead of University degrees, the Court believe that arrangements for accomplishing this object would fall within the scope of the powers given to them by section 12 of the Universities’ (Scotland) Act. The Court would be willing to consider any such arrangements which might be submitted to them.”

(3.) To the University Court.

“15 Buccleuch Place, Edinburgh, January 18, 1872.

“Gentlemen,—I have received from your Secretary a copy of your minute of the 8th instant, and I beg you to allow me most respectfully, but at the same time most emphatically, to protest against the decision therein contained, on the following grounds:—

“1. That when women were admitted to study ‘for the profession of medicine’ in the University of Edinburgh, and were required to pay the ordinary matriculation fees as Cives Academiæ Edinensis, in addition to those for instruction, it was believed to be involved that, subject only to the restrictions laid down in the regulations of November 12, 1869, we should be allowed to complete our education, and should, as a matter of course, proceed to the degree of M.D., no official intimation to the contrary being given to us at the time, nor indeed until now, when we have half completed our University curriculum. You will allow me to remind you further, that we have very high legal authority for believing that these expectations were well founded, and that matriculation does involve necessarily all the privileges of studentship, including graduation, as was indeed recently admitted by a legal Professor, who has always been one of our most determined opponents, when addressing your honourable Court in favour of rescinding the present regulations.

“2. That, except with a view to ultimate graduation, it was quite meaningless to require us to pass, as we did, the preliminary examination in Arts, which has not any necessary connection with the study of medicine itself, but is expressly stated to be ‘the first examination for the medical degree.’

“3. That we have all along pursued our studies with a view to the further professional examinations; that, in the resolutions passed by the Medical Faculty on July 1, 1869, it was distinctly stated that ‘ladies be allowed to attend medical classes and to receive certificates of attendance qualifying for examination;’ that, further, on April 9, 1870, the Senatus Academicus expressly ordained that exactly the same University certificates of attendance should be issued to students of both sexes, for the special purpose of qualifying for professional examination.

“4. That no kind of official notice was ever given to us that a doubt existed respecting our admission to the ordinary professional examinations, until certain of our number had completed their preparations for the first professional examination, and had paid their fees for, and received tickets of admission to, the same; and that, when the matter was brought before the Senatus, it was by them decided that ladies should be admitted to the examination, and accordingly the ladies in question were examined in the ordinary course and passed the examination successfully.

“5. That under the existing Act of Parliament it is impossible for any person to practise medicine under legal sanction, without a distinct ‘qualification’ as defined by the said Act of Parliament.

“6. That the only ‘qualification’ which it is in the power of the University of Edinburgh to grant, is the ordinary medical degree, and that no ‘certificates of proficiency’ would possess the slightest legal value unless a special Act of Parliament was passed making such certificates registrable qualifications.

“7. That the difficulty and expense of procuring such a special Act of Parliament would be very much greater than that of obtaining the sanction of the Queen in Council to such minor alterations in the University Ordinances as are alone necessary to enable us to complete our education by means of additional extra-mural classes; even if your honourable Court declines to make the necessary arrangements within the University.

“8. That we are informed on high authority that it is at present within the power of your honourable Court, in conjunction with the Senatus, to make the necessary arrangements within the University, without any external sanction; either by ordaining that the present Professors shall instruct women in separate classes, or by appointing special lecturers for that purpose. As regards the former course, I venture to remark that several Professors in the Faculty of Arts are already delivering two or more lectures daily, and that, as I presume it was always contemplated that each Professor should instruct all matriculated students desiring to study his subject, it is quite conceivable that it might become necessary from the number of students, or otherwise, for the medical Professors also to be required to deliver two courses; and that, therefore, it could hardly be considered a hardship if they should be required to deliver a second course, with proper remuneration for the same, to those matriculated students who are forbidden by the University to attend in the ordinary classes. As regards the second alternative, I believe that it has never been doubted that the Senatus and University Court, conjointly, have the power of appointing any number of assistants or special lecturers in any faculty, if they are required for the efficient performance of the teaching of the University.

“9. 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.

“10. That we are informed by high legal authorities that we are entitled, as matriculated students, to demand from the University complete arrangements for our instruction, and that we are further entitled to bring an action of declarator to obtain the same from the several Professors if no alternative measures are devised, and that we shall inevitably be driven to pursue this course, with whatever reluctance, if your honourable Court persistently refuses to make, in any form whatever, such arrangements as may enable us to complete our education, and to obtain a legal qualification to practise.

“Earnestly commending the above considerations to your most favourable notice, I have the honour, &c.,

“Sophia Jex-Blake.”

(4.) From the Secretary of the University Court.

“University of Edinburgh, 5th February 1872.

“Madam,—I am desired by the University Court to inform you that your letter, dated the 18th ultimo, has been laid before them and considered.

“In reply, I am to say that in several points of your view of the past history and present position of the question relative to the medical education of women in Edinburgh the Court are unable to concur.

“Without going into the discussions which might be raised on these points, it appears to the Court that it is only necessary for them to enter upon the subject of your ninth paragraph, in which you say:—

“‘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.’

“On this 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.

“I have, &c., J. Christison, Secretary.”

(5.) To the University Court.

“15 Buccleuch Place, February 9, 1872.

“Gentlemen,—I beg to thank you sincerely for the resolution to which you came on Monday the 5th inst., and which, if I understand it rightly, will, I trust, prove a satisfactory solution of our present difficulties.

“We will, if you wish it, very gladly prepare and submit to your honourable Court a list of extra-academical lecturers and of gentlemen prepared to qualify as such, who may, with your sanction, instruct us in the various subjects which we have to study; but before doing so, I venture to beg for official confirmation of my interpretation of your late resolution in two essential particulars.

“I trust that I am 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 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.

“You will, I am sure, understand that, while we are quite willing to accept present arrangements for instruction without any pledge that they will confer a right to graduation, it would be useless for us to attend any classes which would be incapable of qualifying for graduation, and impossible for us to acquiesce in any agreement which might prejudice the claim which we believe ourselves to possess to the ultimate attainment of the medical degree.

I am, &c.,“Sophia Jex-Blake.”

(6.) From the Secretary of the University Court.

“University of Edinburgh, 24th February 1872.

“Madam,—Your letter dated 9th instant has been considered by the University Court. In it you say:—

“‘I trust that I am correct in understanding—-

“‘I. 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.

“‘II. 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 am desired to point out that no extra-mural courses, beyond the number of four allowed by the Ordinance of the Universities Commissioners, could either qualify for graduation, or for the ordinary professional examinations, except under a change in the ordinance; which change could be made only by a resolution of the Court sanctioned by the Chancellor, and approved by the Queen in Council.

“The Court have already declared, in their resolution of the 8th of January last, that they cannot even enter on the consideration of the expediency of such a change in the ordinance until the legality of female graduation has been determined.

“It would not only be premature for the Court to express at present any views or intentions on the points to which you refer, but it would be clearly contrary to their duty to do so. For, supposing the legal question to be decided in a way favourable to your wishes, those points would then doubtless be referred to the Court for their decision, when various parties would probably desire to be heard with regard to them.

“I am to add that in your letter of the 18th January, you appeared merely to ask that the Court ‘will now make arrangements whereby we can continue our education,’ and that the Court offered, as stated in my letter of the 5th inst., to meet your views in the only way which appeared to lie within their competency. The Court are still of opinion that it is quite impossible for them at present to add anything to that offer.”

I have the honour, &c., J. Christison, Secretary.