Part 2

In some respects this sort of protection is even more necessary, as well as more deficient, in regard to _the falsification of drugs_. The College of Physicians and the Apothecaries’ Company are supposed to exercise supervision in the matter; so that at least its necessity is recognised by the law. The security thus afforded is, in practice, null. It is notorious in my profession that there are not many simple drugs, and still fewer compound preparations, on the standard strength of which we can reckon. It is notorious that some important medicines are so often falsified in the market, and others so often mis-made in the laboratory, that we are robbed of all certainty in their employment. Iodide of potassium--an invaluable specific, may be shammed to half its weight with the carbonate of potash. Scammony, one of our best purgatives, is rare without chalk or starch, weakening it, perhaps, to half the intention of the giver. Cod-liver oil may have come from seals or from olives. The two or three drops of prussic acid that we would give for a dose may be nearly twice as strong at one chemist’s as at another’s. The quantity of laudanum equivalent to a grain of opium being, theoretically, 19 minims; we may practically find this grain, it is said, in 4.5 minims, or in 34.5. And my colleague, Dr. R. D. Thomson, who has much experience in these matters, tells me that of calamine--not indeed an important agent, but still an article of our pharmacopœia--purporting daily to be sold at every druggist’s shop, there has not for years, he believes, existed a specimen in the market.[5]

[5] Dr. Thomson tells me that he has known white precipitate of mercury sold in hundred-weights as calomel, and in one case (he believes by accident or ignorance) as trisnitrate of bismuth. In my text I have endeavoured to adduce such illustrations as I suppose to be most notorious; but I may refer the reader to various interesting papers published, through the last two or three years, in the LANCET (_Analytical Sanitary Commission_) from one of which I quote the astounding instance, given above, of variations in the strength of laudanum. Mr. Thomas Taylor, of Vere Street, informs me that, whereas an ounce of laudanum should contain about four grains of morphia, he finds the actual quantity varying in different specimens from two grains to six; and that in two specimens of solid opium, outwardly alike and supposed to be of equal quality, he has found the per centage of morphia to vary from 3½ to 10. It requires little instruction in medicine to appreciate these facts.

Again, with the _promiscuous sale of poisons_, what incredible laxity of government! One poison, indeed, has its one law. Arsenic may not be sold otherwise than coloured, nor except with full registration of the sale, and in the presence of a witness known to both buyer and vender. Admirable, so far as it goes! but why should arsenic alone receive this dab of legislation? Is the principle right, that means of murder and suicide should be rendered difficult of access for criminal purposes? Does any one question it? Then, why not legislate equally against all poisons?--against oxalic acid and opium, ergot and savin, prussic acid, corrosive sublimate, strychnine?

Nor can our past legislators be more boastful of their labours for the _medical profession_--either for its scientific interests, or for the public protection against ignorance and quackery.[6] Nearly two dozen corporate bodies within the United Kingdom are said to grant licences for medical practice; and I hardly know whether it lessens or aggravates this confusion, that such licences are in many cases partial; that one licentiate may practise north of the Tweed, but nowise to the south; that one may practise in London, another only seven miles beyond it. Not that the licence seems much to matter! for innumerable poachers in all directions trespass on what the law purports to sell as a secured preserve for qualified practitioners: their encroachments are made with almost certain impunity; and--as for the titles of the Profession, any impostor may style himself _doctor_ or _surgeon_ at his will. Even where licences are held, conveying identical titles, they imply neither equal privileges (as I have said) nor even uniform education. The law has troubled itself little as to the terms on which they shall be granted; and the qualifications exacted from candidates--the conditions preliminary to their becoming eligible for licence, vary in so remarkable a degree among the many corporate bodies which are fountains of this honour, that the credentials conferred have really little meaning, apart from a context which the public is unable to supply. It is charged against particular institutions, that their degrees and licences are attained with a very inglorious facility; and when it is recollected that the issuing of such testimonials is a source--sometimes a chief source--of income to the corporations which grant them, it will be felt that at least there must exist great danger of this reproach being sometimes deserved. If a national title to practise medicine is to be granted by several Boards, and if yet the tenure of that title is to determine public confidence in favour of its holder, it would seem indispensable that some guarantee should be given for these several licences representing equal qualifications--some guarantee that the holder in each case possesses professional knowledge, and has enjoyed professional opportunities, at least above some uniform standard recognised as a _minimum_ qualification by all the diplomatising bodies. Indispensable, however, as this may seem, years of endeavour have failed to attain it. What is called _medical reform_ has been agitated longer than I can remember; and more than one minister has been willing to legislate for its promotion. Unfortunately the very magnitude of the evils has delayed their cure. With the constitution I have described--a system of conflicting jurisdictions, of licences without titles, and titles without licences, how could we escape internal dissension? how escape the antagonism, perhaps the jealousies, of rival corporations and of different professional classes? Home-Secretaries have had little leisure to fathom these things to the bottom. Unexamined and unadjudicated by any competent authority, such influences have bewildered public judgment, made statesmen regard us with despair, postponed legislative correction, and maintained us in a state of anarchy and confusion, best to be appreciated when we compare with our own the organisation and government of the legal profession.

[6] Legislative passiveness towards scientific medicine is not the only evil we have to complain of. Surely, in selling Letters Patent for the protection of quack-medicines--in seeming to sanction and authenticate whatever lies their proprietor may post upon the wall, the State demeans itself into complicity with fraud, and soils its fingers with something fouler than the Vespasian tax. It illustrates the curious _forgetfulness_ shewn towards medicine by the Legislature, that this immoral practice of giving patents for pretended cures of disease should have been allowed to continue--as of course it must have continued, solely by oversight, till past the middle of the nineteenth century.

And be it noted, how this reacts upon the State. So completely is our government dissevered from Science in general, and, most of all, from the sciences relating to Life, that, on such subjects, there exists not for state-purposes anything like a tribunal of appeal. The Legislature recognises no _Medical Authority_. Occasionally this fact stands out in painful conspicuousness, and brings most injurious results. In contested cases requiring scientific testimony--before Parliamentary Committees, for instance, and in a variety of legal proceedings,--instead of the Court having satisfactory power of referring particular questions to skilled impartial adjudicators, the uniform practice is, that scientific men are retained on opposite sides, to support partisan interests. The advantages, such as they are, which belong to this system, might, I believe, easily be obtained under altered arrangements: the disadvantages are glaring. It might be invidious to refer to illustrations of their reality: but it is of course impossible to doubt of the working of this system, that, in so far as it makes each witness feel himself engaged to maintain the views of his employer, it tends towards a moral prostitution and subornation of science. In the interests of truth, it would surely seem desirable that scientific evidence should be tendered, so far as may be, in a judicial spirit towards the suit; either that the technical point should be referred to a technical jury, or that the technical witness should be summoned at the Court’s discretion, should be examined in-chief by the Court, and should be subject only to such cross-examination as may procure the most complete statement of his knowledge on the matter in hand.

Having said so much on the defects and the wrongs of our existing sanitary condition, perhaps I may venture to speak of the almost obvious remedy. ‘Almost obvious’ I say; for surely no one will doubt that this great subject should be dealt with by comprehensive and scientific legislation; and I hardly see how otherwise, than that it should be submitted in its entirety to some single department of the executive, as a sole charge; that there should be some tangible head, responsible--not only for the _enforcement_ of existing laws, such as they are or may become, but likewise for their _progress_ from time to time to the level of contemporary science, for their _completion_ where fragmentary, for their _harmonisation_ where discordant.

If--as is rumoured, the approaching re-constitution of the General Board of Health is (after the pattern of the Poor-law Board) to give it a Parliamentary President, that member of the Government ought to be open to challenge in respect of every matter relating to health. What, for this purpose, might be the best subordinate arrangements of such a Board, it would take a volume to discuss. But at least as regards its constituted head, sitting in Parliament, his department should be, in the widest sense, to _care for the physical necessities of human life_. Whether skilled coadjutors be appointed for him or not; engineers--lawyers--chemists--pathologists; whether he be, as it were, the foreman of this special jury, or, according to the more usual precedent of our public affairs, collect advice on his own responsibility, and speak without quotation of other authority than himself, his voice, unless the thing is to be a sham, must represent all these knowledges.

The people, through its representatives, must be able to arraign him wherever human life is insufficiently cared for.

He must be able to justify or to exterminate adulterations of food; to shew that alum ought to be in our loaves, or to banish it for ever; to shew that copper is wholesome for dessert, or to give us our olives and greengages without it; to shew that red-lead is an estimable condiment, or to divert it from our pepper-pots and curries.

Similarly with drugs and poisons--the alternatives of life and death--a minister of Public Health would, I presume, be responsible for whatever evils arise in their unlicensed and unregulated sale. He would hardly dare to acquiesce in our present defencelessness against fraud and ignorance; in doses being sold--critical doses, for the strength of which we, who prescribe them, cannot answer within a margin of _cent. per cent._; or in pennyworths of poison being handed across the counter as nonchalantly as cakes of soap.[7] Surely, before he had been six months in office, he would have procured some enactment to remedy this long neglect of the legislature, by providing that the druggist’s trade be exercised only after some test of fitness, and in subjection to certain regulations.

[7] Without referring to what may be considered rare--the sale of poison for the purposes of intended homicide, I may remind the reader of the very dreadful facts collected by the Commissioners on Trades and Manufactures, as to the immense sales of opium in our principal manufacturing towns, for the purpose of quieting--and with the effect of killing, children, while their poor mothers are absent from home in their several occupations.

Within his province, likewise, it would fall to be cognisant of all that relates to the constitution of the Medical Profession. The difficulties which have baffled successive Home-Secretaries might soon find their solution in the less divided attention which he could bring to their study. Amid conflicting opinions and an apparent scramble for power, he would soon distinguish where might be the strife of jealousy and covetousness, where a truthful zeal for the honour and efficiency of medicine. I think he could not be long in curing our more scandalous anomalies. Probably--unless human bowels require other doctoring in London than in Manchester, he would manage that a doctor there should be a doctor also here; that no licence for the partial practice of medicine should be recognised--no licence admitting a man to do in Edinburgh what it would be a misdemeanour for him to do in Greenwich. And obviously, in order to this--since a professional diploma is the only criterion by which the public can measure the competence of those who seek their patronage, he would see that, as far as may be, the various licensing bodies exact from their candidates equal and sufficient qualifications; that the diploma entitling a man to call himself Surgeon or Physician, Accoucheur or Apothecary, mean the same thing--imply the same education, whether it be got in Scotland, Ireland, or England; and that any falsification of such diploma, or any unauthorised assumption of the title which implies its possession, be promptly punishable at law.[8]

[8] This check at least seems indispensable, for the reason above given, that a professional diploma is the only criterion by which the public can measure professional competence; and for the validity of such a criterion, it therefore, I think, becomes the duty of a government, on behalf of the public, to provide. For anything beyond this (except in one particular case) the matter might take its natural course. No law can supersede a necessity for common sense in the subject; and medicine, I think, requires no _protection_. Let my neighbour, by all means, if he desire it, send for a green-grocer to reduce his dislocation or assuage his gout! and let him take the consequences of his folly, in a spoilt limb or in a hair’s breadth escape with his life. Only--let the green-grocer be punishable, if he seek this office under false pretences, calling himself by any title which implies a professional qualification. And, for what harm he may do--let him of course (as would, if necessary, the presidents of our colleges) be prepared to abide before judge and jury his trial for malpractice. But, in strict adhesion to the principle I have professed, that protection is wanted, not for the profession, but for the public, I would suggest one exception to what otherwise might be universal free-trade in medicine. I refer to the case of druggists; who, whenever the Legislature may awake to the necessity of regulating their trade, ought, I think, to be expressly prohibited from the treatment of disease. To an immense majority of our population--to all the under-educated classes, the druggist’s shop appears an emporium for medical skill, as well as for medical appliances. They probably have some vague overestimate of our art of healing, and think perhaps that the several bottles on the shelf correspond to the several ailments they can specifically cure. They ask for something “good for a dropsy,” or “good for a wasting,” or “good for a palpitation;” not knowing how much skill may be requisite to interpret the symptom; not knowing that, to our highest skill, there is no medicine thus indiscriminately, or even generally, “good.” At present almost universally, druggists, with no medical qualification, are tampering more or less with serious medical responsibilities; and the mischief thus occasioned--especially among the poorer classes, is a matter of notoriety, on which persons engaged in hospital practice would be competent and tolerably impartial witnesses. It is because this evil arises in the _almost inevitable ignorance_ of those who chiefly suffer from it, that, in accordance with the principle above suggested, I think it deserves consideration from the Legislature.

Into the hands of this new minister--advised, perhaps, for such purposes by some permanent commission[9] of skilled person, would devolve the guardianship of public health against combined commercial interests, or incompetent administration. He would provide securities for excluding sulphur from our gas, and animalcules from our water. He would come into relation with all Local Improvement Boards, in respect of the sanitary purposes of their existence. To him we should look, to settle at least for all practical purposes the polemics of drainage and water-supply; to form opinions which might guide Parliament, whether street sewers really require to be avenues for men, whether hard water really be good enough for all ordinary purposes, whether cisternage really be indispensable to an urban water-supply.

[9] There are many instances in my mind, some already adverted to, where the existence of a standing jury for scientific--especially for sanitary, purposes might be of great utility. It is an organisation which prevails extensively in France, under the name of _Conseils de Salubrité_; forming, in most of the large towns there, a constant board of reference for the municipality, in respect of sanitary regulations. _Mutatis mutandis_, it might become invaluable as an English institution, in respect of many matters touched upon in this sketch; and perhaps with some division of duties, into such as would best belong to a General Board of the kind, and such as might properly be vested in Local Boards. To determine the indispensable conditions of healthy lodgment; to examine the influence of trades and occupations, and to devise the regulations they may require, for the neighbourhood’s sake, or for their operatives’; to supervise the sale of food and drugs; to be cognisant of medical matters; would seem, either locally or generally, to require the co-operations of several skilled persons. But, though I have spoken of such, as indispensable jurors for these subjects, I do not forget that other interests than those of life may need to be consulted. For the fair representation of these, the lay faculty of _educated common-sense_ will fulfil an inestimable usefulness, if it may be there to mediate between science, which is sometimes crotchety, and trade, which is sometimes selfish.

Organisations against epidemic diseases--questions of quarantine--laws for vaccination, and the like, would obviously lie within his province; and thither, perhaps, also his colleagues might be glad to transfer many of those medical questions which now belong to other departments of the executive--the sanitary regulation of emigrant ships, the ventilation of mines, the medical inspection of factories and prisons, the insecurities of railway traffic, _et hoc genus omne_.

There is another subject respecting which I should reluctantly forego the present opportunity of saying something. To the philosopher, perhaps, any partial sanitary legislation--even for a metropolis, may seem of low importance, as compared with our commanding need that the general legislation of the country be imbued with deeper sympathies for life. Yet London is almost a nation in itself; and the good which might be effected by its sanitary regeneration would, even as example, be of universal influence. Now, at this moment, there seems a chance--such a chance as may not soon recur--for gaining a first step towards this consummation. The re-construction of the Metropolitan Commission of Sewers, on the principle of local representation, affords extraordinary facilities for providing London, at length, with an efficient sanitary government. For, while any administration for this purpose would require to be entrusted with very extensive and very stringent powers, it seems probable that such authority might by the public be willingly conceded to a body constituted, in great part, of persons representing local interests. The jurisdiction required would be substantially such as is already vested in the City Commissioners of Sewers, for the sanitary control of the city; the concession of which--because to a representative body--was never any matter of municipal dispute. In so vast a government as that of the metropolis, Local Boards of Health for its various sections would seem indispensable; it is presumed that these boards[10] would be represented in the general Commission; which, in conjunction with them, and including certain skilled assessors, might constitute a complete sanitary organisation, consultative and executive.

[10] It would seem premature to discuss what might be the best constitution of such Local Boards for the metropolis; but it will appear to the reader, on a moment’s reflection, that there would be no difficulty in finding materials for their organisation. If, according to suggestions lately ventilated, municipal institutions should be given to the parts of London hitherto without them; these new corporations would probably have sanitary functions allotted them, and might readily become Local Boards of Health under such a constitution as I have sketched. If, on the other hand, our present non-municipal system were to be continued, probably our several Boards of Guardians might seem specially proper to act as Local Boards of Health; first, as being elected representative bodies, already invested with certain authority of the kind--as, for instance, under the Nuisances Removal Act; secondly, because various of their officers would be almost indispensable parts of any sanitary machinery. Indeed, my experience of such matters suggests it to me as not unimportant, that, under any arrangement which may be made, the jurisdiction of Local Boards of Health should, at least in area, be conterminous with Poor Law Unions; so that those who administer sanitary affairs--affairs which are always chiefly relative to the poor--may, as far as possible, in their several districts, come into relation with single sets of Poor Law officers.

I have one word more to say about the Reports. They have been received by the public with such remarkable indulgence and favour, that I feel some anxiety lest I may seem to have plumed myself with other feathers than my own. Let me, therefore, at least in part, confess my debts.