Refusal of Charles MacDouall as Professor of Hebrew, 1847

In 1847, the Senatus Academicus of Edinburgh University refused to induct Charles MacDouall (1818-1883) as Professor of Hebrew on religious grounds.

In 1843, a schism in the Church of Scotland, known as the Disruption, had led to the creation of the Free Church. Almost a third of the clergy of the Church of Scotland and perhaps half its membership left the established Kirk in protest against what they perceived as state efforts to undermine its spiritual independence and integrity. The Free Church of Scotland was formed under the leadership of Thomas Chalmers (1780-1847) and David Welsh (1793-1845). Both were members of the Faculty of Theology of Edinburgh University and demitted their posts on 5 June 1843.

The majority of the Town Council of Edinburgh also joined the Free Church. In November 1847, in their capacity as patrons of the university, the Town Council presented Charles MacDouall for induction as Professor of Hebrew. MacDouall was a Free Churchman and, as such, had not signed the Westminster Confession of Faith

In November 1847 ^h^ Lord Provost and some Bailies appeared in the Senate Hall to present Mr. Charles M'Douall for induction as conjoint Professor of Hebrew with Dr. Brunton superannuated. Mr. M'Douall, being a Free Churchman, had, of course, not signed the Confession of Faith and acknow- ledged the authority of the Church of Scotland before the Presbytery of the bounds. He was therefore, in strict law, inadmissible as a Professor, though several members of the Senatus had taken their seats without going through the forms required by the Act of 1690 and the Act of Union. On this occasion the Senatus determined to put the law in force, and on the motion of Principal Lee they refused to receive Mr. M'Douall as a Professor.

It was an ecclesiastical squabble, — Established Church against Free Church, — but the Senatus had the law on their side. They applied for an interdict forbidding the induction of Mr. M'Douall, which Lord Robertson, in a few days, granted. A month later the First Division (Lord President Boyle, and Lords Mackenzie, FuUerton, and Jeffrey) finished the business by confirming Lord Robertson's decision. The Town Council tried to plead that the Senatus were not a corporation, and therefore had no locus standi to appear in Court, which was a curious plea after so many legal contests between the same parties, and which was at once repelled. They also

76 THE STORY OF THE UNIVERSITY. [1848.

pleaded that Mr. M*Douall had been already in- ducted. But Lord Jeffrey said : The Senatus are the damtni of their own records and they say that these shall not bear the admission of one whom the law excludes." He also laid stress on the fact that the records of the Town Council never bore the admission of a Professor. This shows that the Senatus had been wise in having a Secretary appointed by themselves. Had the Secretary been a servant of the Town Council he would have been ordered by them to record the induction of Mr. M'Douall. A perpetual interdict against Mr. M'Douall was granted. And the General Assembly of the Church of Scotland, feeling the importance of the cause which had been defended," agreed to defray any " unallowed expenses " which the Senatus might have incurred in the suit.

The decision of the Judges gave rise to a new system of tactics on the part of the Town Council. They determined that it should not any more be said that they did not induct Professors as well as appoint them. Accordingly in July 1848 the Commission of Dr. John Hughes Bennett, as Pro- fessor of the Institutes of Medicine, was presented to the Senatus, accompanied by an Act of Council admitting" him. Principal Lee at once entered a protest against this proceeding as unprecedented, and as "degrading the University of Edinburgh below the other Universities of Scotland." And the Senatus resolved to admit Dr. P-^nnett irrespective of the " Act." They also, under '^dvice, lodged

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a formal protest on the subject with the Town Council.

But that body, nothing daunted, in the November following, in reappointing Mr. Syme to the Chair of Clinical Surgery, and in appointing Mr. Liston to the Chair of Hebrew, accompanied their Commissions with Acts" admitting the two Professors. Mr. Liston's Commission also bore that the Chair of Hebrew was vacant "by the resignation of Mr. Charles M'Douall," whereas the Court of Session had pronounced that M'Douall had never been legally admitted Professor. All which caused vehement outcry from the Senatus, and fresh recur- rence to the opinion of counsel. No legal action, however, was taken, and probably this was as well for the Senatus, as it is difficult to see how, in the face of the express power of ** inputting and out- putting Professors " granted to the Town Council by the Charter of James VL, they could have resisted admitting any Professor whom the Town Council chose to appoint. M'Douall was disqualified by refusing to take a test required by law in those days, but with any Professor not so refusing the case would have been different.

In July 1850, on the resignation of Professor Wilson, Mr. Macdougall was presented by the College Bailie as Professor of Moral Philosophy. By preconcerted arrangement Principal Lee asked the Bailie whether in the present case the Town Council assumed* *^ have inducted Mr. Macdougall, and being tc* y did, the Principal, in the name

78 THE STORY OF THE UNIVERSITY. [1850.

of the Senatus, declined to go on with the proceed- ings. The Bailie stated that he held Mr. Mac- dougall to be duly inducted, and then took his leave. For more than three years Professor Macdougall never took his seat in the Senate Hall. There was a peculiarity about his case ; he was a Free Church- man, and therefore the Town Council could not bring an action to force the Senatus to admit him, because he had not taken the test ; on the other hand, as he was not to be a Professor in the Faculty of Divinity the Senatus would be unwilling to exact the test from him, which had been excused to so many lay Professors, members of various churches. The only thing that the Senatus required was that Macdougall should accept their induction as the truly valid one, ignoring that of the Town Council. This he declined to do, till the Test Act was passed in 1853, and then he presented his Commission and took his seat among the Senatus, having taught his class quietly in the meantime. No further trouble arose as to the induction of Professors till the end of the Town Council's reign. There had been indeed another litigation shortly before this time between the Senatus and the Patrons, but no mention need here be made of this, as it related to the administra- tion of the Reid Fund, which falls under the history of the University Finances.