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of the country, are made up on the subject. | to impose upon the public. Why, he had not The thoughtful, the religious, the energetic presided there any day for some time past withmillions of the middle class, are opposed to out having to dispose of some charge against a 'ticket-of-leave' man. The neighbourhood was this grant as at once unprincipled and im-infested with them. They stood at the corners politic, and they are determined on its of streets at midnight, and, pouncing suddenly revocation the thousands of their peti- upon the lonely passenger, half strangled and tions on the subject (equalling, I believe, robbed him before even an alarm could be given." those presented on all other subjects toge- This was the magistrate's statement, speakther) show their feeling and foreshadow ing of cases that had come within his own their triumph. They will succeed, for knowledge. Then Inspector Mackenzie, they are armed with deep convictions, a policeman, said with convincing arguments, with decisive facts, with ardent and devout sentiments, and their opponents can meet them only with spurious liberality or with specious excuses, with pleas of expediency or taunts of fanaticism. The false and temporising policy may survive for a time, but its days

are numbered and we all of us know it.

MR. MAGUIRE moved the adjournment of the debate.

Debate further adjourned till Wednesday 27th June.

The House adjourned at twelve minutes before six o'clock.

HOUSE OF LORDS,

Thursday, June 7, 1855.

immediate neighbourhood of the court, and chiefly "There were forty ticket-of-leave men in the in Charles Street, Drury Lane, who had returned to their old haunts, and to their former course of life. In order, however, to avoid the personal consequences, they usually employed boys and women to assist them, and these were constantly apprehended, while the principal delinquents escaped altogether."

After those observations Mr. Jardine said

"He had a very strong feeling upon the subject, Society was not safe with the present system in operation. It might be a desirable thing to clear the gaols of these men, but it was a bad thing for the public when they returned to a life of crime, having escaped more than half the punishment which it had been thought proper to award them for previous offences. The expense even of reprosecuting these men, when they were detected, must amount to a formidable sum."

MINUTES.] PUBLIC BILLS. - 2a Infants' Mar- Now, their Lordships would recollect that

riage.

3a Ecclesiastical Property (Ireland).

THE TICKET-OF-LEAVE SYSTEM, LORD LYNDHURST wished to call the attention of their Lordships to a question of very considerable importance. He observed from the newspapers that a return ed convict on ticket of leave was yesterday placed at the bar of the Bow Street police court, charged with using gross, insulting, and obscene language to a policeman when in the discharge of his duty. From the report in the papers, it appeared that the magistrate, Mr. Jardine, a gentleman of great learning and experience, expressed himself in the following terms

"The language must have been bad, indeed, to shock a policeman. It formed a striking contrast, no doubt, to the sentiments expressed by the prisoner in his interviews with the chaplain of the prison from which he had obtained his ' 'ticket of leave. On these occasions, it appeared, the adoption of a hypocritical tone and a canting expression of the countenance (which the worst of them were capable of assuming best, when it served their purpose to do so) sufficed to obtain their discharge before the expiration of half the term of the original sentence, with the further advantage of a written character, enabling them

a discussion took took place on the Convict Bill when it was before that House, and he remembered that on that occasion the Lord Chief Justice stated his anticipations of what was likely to take place if the Bill were passed, and pressed upon the Government to reconsider the subject. He must say that the anticipations of the noble and learned Lord had been fully con firmed. Every day would greatly increase the number of men discharged on tickets of leave, and the sooner the subject was taken up by the Government and their Lordships the better it would be for the public.

THE LORD CHANCELLOR trusted that when his noble and learned Friend had any question to put, or any motion to make, he would give notice of it. The matter to which he had called the attention of the House was no doubt well worthy of attention; but it came upon him perfectly by surprise, not having seen the account to which his noble and learned Friend referred. The subject was one beset with difficulties, and his right hon. Friend the Secretary for the Home Department had it continually under his consideration. No

doubt evil had been anticipated from the | ability and experience, whom he had inBill, but whether that evil had been ex- structed to prepare a Bill on the subject, aggerated in the statement now read by and would take care to bring forward the the noble and learned Lord it was impossi- measure as soon as possible. ble for him to say.

LORD CAMPBELL said, that all his anticipations as to the probable ill effects of the ticket-of-leave system had been more than realised since the passing of the Bill. He was filled with the utmost dread and apprehension when he was told that the punishment of transportation was to be abolished, and that convicts in this country were to be admitted to their freedom upon tickets of leave. It was easy to perceive that the safety of society would soon be at an end under such a system. That prophecy, he thought, had been fulfilled to a considerable extent. He did not believe that the language of Mr. Jardine, which the noble and learned Lord had read, was exaggerated, and therefore he most cordially joined with his noble and learned Friend in entreating the earnest and immediate attention of the Government to this most important subject.

CRIMINAL PROSECUTIONS.

LORD BROUGHAM asked the noble and learned Lord on the woolsack when he would introduce his promised Bill for increasing the number of circuits ?

LORD CAMPBELL said, he would suggest that his noble and learned Friends in that House would obtain the best possible information as to the working of our system of criminal jurisprudence if they would themselves go as Judges of assize, and assist in delivering the gaols. They were now members of the Central Criminal Court, and he saw no reason why they should not be called upon to aid in the administration of criminal justice in the provinces as well as in the metropolis. He would especially suggest to his noble and learned Friend opposite (Lord Brougham) that he should go upon the northern circuit in the December assizes.

LORD BROUGHAM felt assured that the suggestion of his noble and learned Friend was made in the most kindly and courteous spirit; but he could not comply with it for two reasons-in the first place, because he was unwilling to interfere with what was now so admirably done by his noble and learned Friend (Lord Campbell) and the reverend Judges now upon the bench; and, in the next place, because he really had not health and strength left to undergo labours which he knew to be very arduous. THE LORD CHANCELLOR said, that He was, however, ready and willing to do ever since the noble and learned Lord di- anything short of going circuit himself rected the attention of their Lordships to or of asking his noble and learned Friend the subject of criminal procedure, he had (Lord Lyndhurst) to attend the winter ashad the matter constantly in view, and at sizes, in order to prevent the grievous the present moment a Bill was in course of scandal which arose from the fact that preparation for carrying out the main part 6,200 persons had been acquitted either of the noble and learned Lord's recom- upon trial or for want of prosecution, many mendations, namely, an extension of ses- of whom, upon an average, had suffered sions and assizes. There was no difficulty an imprisonment of sixty days before trial, whatever with regard to the sessions; but although they were guiltless; while, in the question of the assizes was not so easy the case of sessions, many of the persons of settlement. The Judges were not only charged with offences had suffered five willing, but extremely anxious to carry out or six weeks' incarceration before trial. the suggestions of the noble and learned In many instances persons who were conLord; but still the subject was surrounded victed, and who had suffered imprisonment with difficulty, though he hoped that diffi- for such a period before trial, were punishculty would be overcome. That very morn-ed by imprisonment for some four or five ing he received an elaborate report from Mr. Bellenden Ker as to the mode in which the proposed alteration could be introduced immediately after Michaelmas term. That report did not, however, exactly agree with the plan of the Bill which had been prepared, and some alterations would have to be made in it. He would lay the report before Mr. Graham, a gentleman of great

weeks, and the consequence was, either that these persons were punished by five or six weeks' imprisonment more than they ought to undergo, or they were sentenced to less punishment than they would otherwise receive in consequence of the period of their imprisonment before trial, and the effect of the punishment was thus lost upon society.

CAMBRIDGE UNIVERSITY BILL.

Order of the Day for the House to be put into a Committee (on Recommitment) read.

THE LORD CHANCELLOR said, he wished to explain the nature and scope of the Amendments he intended to propose. The main object of the Bill was to constitute a proper Council to exercise legislative functions in the University of Cambridge. At present the University was bound by certain statutes granted by the Crown, but it was part of the provisions of those statutes that the authorities of the University might from time to time adopt rules for regulating its proceedings, provided such rules were not inconsistent with the Royal statutes. The governing body at the University of Cambridge was a body called the "caput," consisting of six members, a doctor in each faculty, two masters of arts, and the Vice Chancellor, whose function it was to submit propositions to the senate, which the senate might either adopt or reject. The senate could not take up any proposition unless it came from the caput. The objection to this system was, that, according to the provisions of the Royal statutes, any one member of the caput had an absolute veto, so that, as the Vice Chancellor was always ex officio a member of the caput, and exercised very material influence in the nomination of the other members, nothing could come before the senate which had not his sanction. It was, however, very creditable to the University that, in spite of this defective constitution, the Royal Commissioners stated in their Report that very active and energetic endeavours had been made during the last half-century on the part of the University to reform itself, and that in many material particulars reforms had been effected. But that was no reason why, now that they were legislating on the subject, they should not endeavour to constitute a better council for the University, so as to guard against the possibility of abuse. The great object of this Bill, therefore, was to form a body that would fairly represent all the interests of the University, and that would not be open to those objections which applied to the present caput. The mode in which the governing body was proposed to be constituted by the Bill, as it was originally introduced, differed materially, for several reasons, from the mode in which the Oxford council was constituted by the Bill of last year. In the first place, an election according to the Oxford VOL. CXXXVIII. [THIRD SERIES.]

system among the resident members of the senate appeared undesirable to many persons on account of the supposed great preponderance of two large colleges, for out of 4,500 members of the senate 2,500 belonged to Trinity and St. John's Colleges. Another reason for the difference between the two Bills was, that long before the issuing of the Royal Commission the University of Cambridge had set about reforming itself, and devising a plan for a council to supersede the caput, and they recommended a scheme which they thought well calculated to constitute a competent and independent governing body. The Royal Commissioners referred to this scheme in terms which he supposed to imply their approbation of the plan, which provided for the appointment of eight masters of arts, four professors, and four heads of Houses, not, perhaps, in a manner which was perfectly unobjectionable, but which prevented the exercise of undue influence on the part of Trinity and St. John's. Thus fortified, he had thought he could not do better than adopt the plan which had been so suggested and recommended. On the very day, however, before that on which he was to have moved the second reading of the Bill, he received a letter signed by four out of the five Commissioners, and by the secretary, stating that they had been misunderstood if they were supposed to have given anything like unqualified approbation to the proposed mode of election, and pointing out various objections to it. He therefore immediately communicated with persons at Cambridge who were competent to give an opinion on the subject, and who manifested no indisposition to meet the views of the Commissioners; and these persons stated that they would consider the question and see whether the undue preponderance of Trinity and St. John's had been exaggerated, and, if so, whether some plan could be devised to obviate the objections to the mode in which the senate, in the first instance, and the Commissioners afterwards, had proposed to constitute the governing body. It was thought that if the elective body consisted, not of the whole members of the senate, but of that portion only who were resident at Cambridge, the preponderance of Trinity and St. John's would not exist, because of the 230 resident members only a comparatively small number were connected with those two colleges. Finding that there was a perfect readiness upon the part of the heads of

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colleges to lend a helping hand to any- but that was a function which they had thing that might be thought desirable, and never been called upon to exercise for the a petition for the adoption of the Oxford last twenty-five years, and was, in truth, mode of election having been presented merely a judicial duty that must be vested from the younger members of the Univer- in somebody, and he confessed that he sity, he had come to the conclusion that, could see no body more fitted to discharge upon the whole, it would be more satisfac-it than the heads of colleges. Certainly tory to the University of Cambridge if this it would be extremely inappropriate to conalteration were made. With that view, fide it to an elective body. Then it was he proposed to introduce clauses altering said that the Vice Chancellor, together the system of election, so as to make it, as with the heads of Houses, would really far as the masters of arts were concerned, govern the University. Now, how did that similar to the election at Oxford. He pro- matter stand? The heads of Houses posed to leave the election of four heads of certainly exercised an important function, houses and four professors as it stood be- inasmuch as they substantially elected the fore-namely, that the heads of Houses Vice Chancellor, whose duty it was to see should be elected by the heads of Houses, that the proper discipline was carried into and the professors by the professors; and effect in the University. That, however, that there should be besides eight masters was a function which an elective body were of arts elected by the resident members of not at all fitted to discharge, and it was, the Senate, as in the University of Oxford. therefore, properly confided to the Vice He could not but think that it would be Chancellor; but, before any expulsion most satisfactory if, in a body intended to could take place from the University it be constituted of persons who had or who would be necessary to obtain the sanction were supposed to have different interests, of the majority of the heads of colleges. those who represented each interest should Still, it was said that unless some great be elected by their own body. He propos- alteration were made in the mode of elected, then, that the council should consist of ing the Vice Chancellor, the heads of colseventeen members-sixteen besides the leges would practically rule everything. Vice Chancellor-namely, four heads of So far the result of everything having colleges, four professors, and eight masters been ruled by the heads of colleges had of arts who were neither heads of colleges been the most complete extreme of reform nor professors. The heads of colleges and ever seen. Nothing could be more satis professors would be elected by their own factory than the mode in which the Unibody, and the eight masters of arts would versity had been reforming itself; but, be elected by the resident members of the supposing that the present state of things senate, thus representing the interests of was objectionable, it would not exist under all classes in the University. It would the Bill as now constituted. Formerly have unlimited power of submitting to the there could be no legislation that was not senate any alterations which it might deem approved by the Vice Chancellor, and, expedient; the senate, of course, being at probably, the heads of colleges, consulting liberty to deal with them as it might think with the Vice Chancellor, had had it in best. Having effected these alterations, their power to put an obstruction in the he thought he should have done nearly all way of any reform that was not suggested that was necessary, though, at the same by their own body. The Bill, however, time, he was aware that it had been said took away the veto of the Vice Chancellor, that the Bill went extremely short of the who in future would be merely one of length it ought to go. Objection had been seventeen members of the council; and taken to the powers which it was said the the heads of colleges, together with the heads of colleges would possess, and he Vice Chancellor, would only be five against thought it necessary to explain that though twelve, so that if they were resolved to no doubt there were certain functions as- obstruct improvements and reforms, they signed to the heads of Colleges, yet those would be powerless. Doubtless, the heads functions were either not of the smallest of colleges, taking a great interest in the importance or could not conveniently be prosperity of the University, would often vested in other persons. The powers re- consult one another, and it would be undemaining in the heads of colleges were such sirable, even if it were possible, to do as these Under the statute of Elizabeth, away with such consultations, because, the heads of colleges made "interpreta- after all, the heads of colleges had by far tion," as it was called, of doubtful statutes, the greatest and most permanent interest

LORD LYNDHURST: My Lords, the Amendments about to be proposed by my noble and learned Friend are so numerous as almost to constitute a new Bill; and I think, therefore, that the noble and learned Lord has done right in proposing to consider them together, rather than in detail in the Bill itself. The most important of these Amendments relates to the constitution of the Council. Long before the appointment of the University Commission, however, the University itself had taken measures to reform the constitution of its council. There had been a syndicate of eighteen or twenty of the ablest men in the University appointed, and after great care and due deliberation they had framed a plan, which was the best that had yet been framed for the constitution of the Council. Their plan was afterwards referred to the Senate, by whom it was nearly unanimously adopted. I should say that before it was submitted to the Senate it was laid before the Commissioners then acting in the discharge of their functions, who considered the proposal, highly approved it, stated the reasons why they approved it, and hoped it would be adopted by the University. The Commissioners expressed themselves strongly on the subject in their report. They said—

in the prosperity of the University. For the reasons which he had now stated, he did not propose to make any alteration in the mode of electing the Vice Chancellor. It was, however, considered desirable that if the council thought any changes in the mode of nominating the Vice Chancellor, or in the functions of the Vice Chancellor, | could be usefully made, they should be enabled to submit any such propositions to the Royal Commissioners named in the Bill, who were to sanction those alterations which they might deem necessary: and thus the recommendations of the Council, when approved by the Commissioners, would become the law of the University, though not provided for in this Bill. He thought by pursuing this course their Lordships would be acting more safely than by introducing into this Bill changes of the effect of which they could not judge. There was one other material alteration in which he hoped their Lordships would concur. In the Bill, as originally introduced, it was provided that no test as to membership of the Church of England should be required from any one on taking his B.A. degree. The object of limiting this to the B.A. degree was that the persons obtaining higher degrees necessarily had a voice in the government of the University, and became members of the senate. Now, he thought it would not be wise, safe, or expedient to propose any alteration which should give to Dissenters, however much he might sympathise with them, a voice in the government of the University. But short of this he considered it to be the bounden duty of the Legislature to afford to Dissenters the fullest possible access to the education and social advantages, and to all the benefits which the University could confer. It had been felt to be a grievance that no Dissenter could become a master of arts, and, to put an end to this it was now proposed that Dissenters should be allowed to take M.A. degrees; but unless persons subscribed to the Thirty-nine Articles, or did that which implied that they were members of the Church of England, they were not, though masters of arts, to become members of the senate. A provi-jection they set forth was as to the mode sion to this effect he proposed to introduce, and he believed it was perfectly well received among the most influential members of the University.

Moved, that the House do now resolve itself into Committee.

"We cannot hesitate to express our pleasure to find such a proposal emanating from the University itself. It has evidently been framed with careful deliberation, and with an especial view as well to preserve a balance of power among the several colleges, as also to prevent the excitements and rivalries of a more popular and unlimited mode of appointment. The suggested scheme has received the unanimous approval of the syndicate, and we hope it may, in due time, receive the sanction of the Senate." Well, my noble and learned Friend took this report of the syndicate, thus sanctioned by the Senate and the Commissioners, as the basis of this Bill; but, one or two days before the second reading, he received from four of the gentlemen composing the Commission a letter, in which they stated they had altered their opinion with respect to the constitution of the Council; they stated, however, no reason why they had done so. The principal ob

of election by the colleges, and this, therefore, was something in the nature of a war against the heads. Hereupon, my noble and learned Friend says, "I will get rid of the objection," and got rid of it accordingly. He said they shall not be elected

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