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wrap themselves up in silence; for the inquiry which they themselves have provoked, will not be so easily suffered to subside.

If it should appear, then, that the College of Physicians have no fixed medical principles, let us inquire what, in a medical point of view, is the utility of their examinations? Do they examine on pharmacy, that is not the business of the physician, but of the apothecary. If they examine on anatomy, a man may be thoroughly acquainted with the structure of the dead, without knowing any thing of the effects of the application of powers to the living body. If they examine on chemistry, or on botany, they are totally distinct sciences. It is far from my intention to assert, that any branch of learning is useless to the physician. But the science of medicine consists, I believe, in a knowledge of the effects of the application of powers to living bodies, and has, strictly speaking, no relation to the laws which govern inanimate matter. These cannot, therefore, properly form any part of a medical examination. But, independently of all these smaller incongruities, the radical and fundamental absurdity is in subjecting the graduates of universities to any examination before an inferior tribunal.

The inundation of quackery, which is sweeping away the inhabitants of this country with

fearful strides, if my allegations be just, is principally to be attributed to the joint influence of positive medical ignorance, and the restrictive effects of medical monopoly. Of the deficiency of medical science, or ignorance of principles, I have already spoken; that is, as being latent, presuming on their non-existence. The President, I presume, will admit it as a fair mode of reasoning: de quid non apparentibus, et de quid non existentibus eadem est ratio. If he will produce them, I shall be most happy to be undeceived, and will cheerfully acknowledge my er

ror.

Of the baneful effects of the monopoly I am now to speak. It is scarcely necessary to advert to what every one knows, that all monopolies, whatever they may be in their commencement, are, in the result of their progress, injurious to society. But an exclusive privilege in medicine, is a direct conspiracy against the lives of the community. What, however, is most surprising, in this case, is, that the monopoly now exercised by the College of Physicians in London, when strictly examined, will be found not to have been authorized, either by their original charter, or any acts of parliament relating to them; and that the most essential privileges which they claim are an absolute and complete usurpation, founded on their own bye-laws only, as if their bye-laws could

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supersede the law of the land. It is in virtue of their bye-laws only, for neither the charter nor acts of parliament confer the privilege, that they claim the right of refusing admission as Fellows to all those who are not of the English universities. So, by a bye-law of the College of Physicians, all graduates of the universities of Scotland being refused admission to the Fellowship, the act of union between the two countries, one of the fundamental laws of the land, is virtually superseded for the universities, and all the bodies, respecting which no express stipulations had been entered into, were left on an equal footing in both countries, enjoying in common the privileges of British subjects. Express stipulations were made, for instance, respecting the Members of both Houses of Parliament, &c. From all this, it follows, and if any part of it be not true, the College will contradict me, that graduates of the Scotch universities have an equal right, unless the bye-laws of the College can supersede a fundamental law of the land, to be admitted to the Fellowship with those of Oxford and Cambridge. Indeed, if reason or common sense had any thing to do in this business, and the examination of the College was any thing else than a farce, every man found to possess the necessary qualifications should be admitted, whatever university he graduated at, or whether he graduated at any uni

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versity at all. It is most preposterous that the mode or place of education should be deemed to constitute any part of medical fitness.

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The usurpation of the College, unless my facts be overturned, being thus established, it appears to me clearly, that every Scotch Graduate has the right not only to insist upon admission as a Fellow of the College, if he should think it worth while to become a member of their body, but that he may, by virtue of his degree, practise, in any part of the British dominions, without their authority, and in defiance of their interdiction.

Every one who wishes to be thoroughly acquainted with the extent of the legal authority, and assumed powers of the College of Physicians, should peruse the masterly work of Dr. Stanger on that subject. He will there see, with astonishment at least, the observations, and decision of the Bench, in that gentleman's case; and the ingenuity and success, with which so many learned Counsel strove to render, what, without their commentaries, would have been perfectly clear, obscure, and unintelligible. Nothing in nature can be more perspicuous, and satisfactory, on this head, than the opinions delivered on a prior occasion, by Lord Mansfield.-"The power

of examining, and admitting, after examination, " is not an arbitrary power, but a power coupled "with a trust. They (the College) are bound to

"admit every person, whom, on examination, they think fit to be admitted, within the de

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scription of the Charter, and the Act of Parlia"ment which confirms it. The person who comes "within that description, has a right to be admit "ted to the Fellowship.-And not only the Candi"date himself, if found fit, has a personal right, "but the Public has also a right to his service, "and that, not only as a Physician, but as a "Censor, as an Elect, as an Officer, &c." In another place he says: "I think, that every per"son of proper education, and requisite learning "and skill, and possessed of all other due quali"fications, is entitled to have a license; and, I "think he ought, if he desires it, to be admitted "into the College." It is evident, from this, that Lord Mansfield considered the Charter, and Act of Parliament, as conferring no arbitrary power on the College, of refusing to examine any man, within the description of the Charter, who may present himself as a Candidate for the Fellowship. If they are bound to admit all fit persons, they are bound to examine all who present themselves, in order to ascertain their fitness. Let us examine the validity of the plea to which they have resorted, in order to elude this consequence. have virtually contended, that one of their own Bye-laws gave them a power beyond the intent of the Charter, and the Act of Parliament. But

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