same terms as to Protestants, and that the teach- is no system of instruction which, in its ers have been directed not to press on the Roman original aim, goes more directly to the Catholic children any instruction to which their priests or their parents may object, as interfering true purpose of education than that of the with the principles of their own religion. They parochial schools of Scotland. If this be meet, accordingly, in the Assembly schools, in so, why seek to subvert it. Now, an aumost cases, without jealousy or reluctance, and thority to which hon. gentlemen opposite, have every branch of literary instruction in the professing the most liberal opinions, will same classes with the Protestants, in the same schoolbooks, and without distinction between the be disposed to defer, thus defines the true two denominations. At the same time the Com- purpose of education-Milton says, "the mittee have specially directed that the religious end of learning is to repair the ruins of instruction given in the schools, whatever may be our first parents by regaining to know the number of Roman Catholics in attendance, God aright, and out of that knowledge to shall be always accommodated strictly and exclusively to the principles of the Established Church." love Him, to imitate Him, to be like Ĭim, as we may the nearest by possessing our But you further object to leaving the parish souls of true virtue; which, being united to schools as they are, because it would inter- the heavenly grace of faith, makes up the fere with the uniformity which you consi- highest perfection." Now, the distinder essential to a national system. I con- guishing characteristic of our parochial fess I am at a loss to perceive the advan- school education is, according to its first tages of this nominal uniformity, I think design and true practice, that it is religiit would prove opposed and adverse to real ous. That such is its character was acuniformity-the uniformity of object—and knowledged by a high authority on the seeing that we do not object to your trying Liberal side of the Scotch Church-one another system as regards your new schools whose name and memory will command in the towns, I should rather expect that respect even among the adherents of the the difference in their constitution would Free Church, and persons professing the give rise to a healthy rivalry by which both most liberal political opinions, the late Dr. might be stimulated into increased activity. Andrew Thomson, who, in drawing up a But after all, what is this uniformity; constitution for the local day-school instiwhat does it mean? Uniformity means tution in the parish of St. George's, in centralisation, centralisation means Govern- Edinburgh, founds it expressly on this, ment interference, Government interfer- "that the object of the school shall be in ence, especially under Governments of a conformity to the spirit and intention of certain character, means jobbing, a mis- our national establishment of parochial management, failure-the weakening of schools, to give the children of the parish the healthful influence of local self-govern- a religious education ;" and that he justly ment-the drying up of the sources of in-appreciated that spirit and intention is dividual generosity and individual Christian benevolence. The price is too high for an article of such questionable utility. Having now touched on what seem to me the main objections urged by the right hon. and learned Lord against the parishi schools, will the House allow me to tell them what this mischievous parochial system is, against which the right hon. and learned Lord thinks it his duty to direct his exterminating attack, and I will observe, first, that while we assert that the whole of these schools are in a state of high efficiency, of which I shall by-and-bye offer large proof, neither the right hon. and learned Lord, nor any of those Members who support his attacks on them, have cited one single instance of either failure or inefficiency which can be fairly assigned to the system of their institution. But we must look for a moment to what the main objects of education really are, or ought to be,-and I have no hesitation in asserting that there

proved by reference to the first book of
discipline in setting forth the necessity of
schools. The work, as hon. Members
know, is attributed to John Knox. It re-
fers to the purpose of God that His
Church should be taught by Him, and not
by Angels ;" "and because men are born
ignorant of all godliness, and God has
ceased to illuminate them miraculously,
suddenly changing them as He did the
Apostles and others; therefore it is most
necessary to be most careful for the virtu-
ous education and godly upbringing of the
youth of this realm;" and, in pursuance
of these views, the parish school was at-
tached as an appendage and necessary
part of the parish church, and placed in
close and intimate connection with it.
Now, so long as that connexion exists, we
have a guarantee for the maintenance in
our parochial schools of the union of re-
ligion with secular education.
Bill we look in vain for any such guaran-

In your

your education to mere instruction in reading and writing, and what are called the higher branches of knowledge, if you neg

the sense and habitual influence of responsibility to a tribunal higher than any human authority, and the habit of referring every question of conduct to a law which prejudice and favour cannot change. To produce this impression, to form this habit, is the primary object of our parochial schools

tee, you pay us off in your preamble with certain general expressions of respect for the principle involved in this union, but we all know what is the value of a pre-lect to impress on the mind of the child amble unsupported by a single enacting clause in your Bill-you keep the word of promise to the ear, and break it to the sense. I cited to the House last year an instance of something much more likely to command the respect of a late posterity than the words of any preamble-the last advice offered to his countrymen by Wash--and, till very lately, they were allowed ington, in which he exhorts them to main- to have so far succeeded as to merit the tain the religious character of their schools, general approval of all classes and denomibut which, in the absence of positive en- nations amongst us. Has any such change actment, has failed to prevent their pub- taken place in them as to justify the sublic schools slipping down, to use the ap- version of that part of their constitution propriate expression of my right hon. which, by connecting them with the EstaFriend the Member for Oxfordshire (Mr. blished Church, gives us a practical assurHenley), into a purely secular system; and ance that this object shall not be lost sight if you shrink from encountering the diffi- of? Quite the reverse. The living and culties which you suppose to exist in ap- advancing character of these schools may plying this principle in its full extent to be proved by the increased degree in which your new schools, if you are sincere in the they enjoy the public confidence. I will respect you profess for it, you should give the House some facts connected with rather desire to maintain it where it al- the schools in some northern counties, with ready exists, and keep your parish schools which I am familiar, which will bear me intact as examples to guide your new ones out in this. I take them from the excelin the right path-as buoys to indicate lent report of Mr. Menzies, Secretary to the channel in which they may steer with the Dick Bequest-you do not deny the effisafety. Now, our parochial schools em- cient state of the schools subject to its brace these two objects, as was stated by operation-but I can cite others as efficient Mr. Menzies religious culture and culture in other counties; besides, there is nothing for life for its duties and pursuits. They in the operation or management of that cannot be separated without depriving the bequest which might not easily be applied most important part of education for life to all schools. I take 124 parochial schools for life extending to an existence beyond this in the counties of Aberdeen, Banff, and world, but indissolubly connected with it- Moray-a large and fair induction. There moral habit and duty, of the authority and are now in each of the parochial schools of influence of their Divine origin. The right those counties, on an average, thirty more hon. and learned Lord and others have pupils than there were in 1833. urged on us the fearful amount of crime, tire number of schools, parochial and priwhich they attribute, with some truth, Ivate, in these counties, excluding burghs, doubt not, to ignorance-though the Austrian statistics of the right hon. Member for Oxfordshire might warrant the conclusion that false knowledge was quite as prolific of it as brute ignorance-and they urge the paramount obligation which lies on us no longer to delay the consideration of this question of the education of the people. They tell us that the very existence of our social system is endangered, as reposing on a volcano which may, at any moment, burst forth, and leave nothing but desolation and ruin behind it; and, undoubtedly, we have sufficient proof of the insufficiency of mere penal laws, and of the dread of punishment to deter from crime. But you will fail of your object if you limit

The en

which in 1833 was 528, has risen during the same period to 731, an increase equal to ten new schools in each year. In 1833 only one in nine of the population attended school; in 1853 the number was one in six. The average number of scholars attending each parochial school in 1832 was eighty-five; in 1852 it was 115, being thirty more than in 1832. The total number enrolled shows an increase since 1832 of 5,197, a much larger increase than can be assigned to the increase of the population; the increase in the number of pupils being as 308 to 146 of the population, and this simultaneously with a large increase in the means of education generally, there being of schools, parochial and

Amendment proposed, to leave out from the word "That" to the end of the Question, in order to add the words "it be an Instruction to the Committee to divide the Bill into two Bills; the one relating to the Parochial Schools, the other to the New Schools contemplated by the Bill," instead thereof,

Question proposed, "That the words proposed to be left out stand part of the Question."

THE EARL OF DALKEITH moved the adjournment of the debate,

the change you propose. The maintenance | cussed when it was before the House, but of the present system in its integrity will the form in which they were about to legisnot interfere with your extending the late was extremely objectionable, and he means of education where extension may was the more inclined to oppose it because be required. The separation of the parish he saw from a notice that had been given, schools from the Church is protested what was intended to be adopted in the against by all the ministers and congrega- Council of New South Wales. In 1850 a tions of the Church, as well as by almost Bill was passed, giving to the Legislative all the present schoolmasters, because it Councils of the Australian Colonies power would involve the virtual withdrawal of all to frame new constitutions for themselves. guarantee for the religious character of Under that statute the Legislative Council education in Scotland, while it dealt a of Victoria had passed a Bill, the preamble heavy blow and great discouragement to of which recited that power had been given the Church itself. I implore the House to it to do so by the statute of 1850, but consent to the instruction which I now beg then the Bills passed by the Legislative leave to move, Council overleaped and transcended the powers contained in the Act of 1850, presuming to repeal numerous Imperial statutes, and also to invest the Council with a great many powers which it did not now possess, and which nothing but an Act of Parliament could confer upon it, while it likewise in many respects altered the relation of the Legislative Council to the Imperial Legislature. This Bill the Legislative Council of Victoria had no more authority to pass than had any small knot of persons assembling together in a room in the colony and calling themselves a public meeting. The Legislative Council, however, took it upon itself to pass this Bill, reciting the limited powers given to it by Parliament; and then, being conscious that it had exceeded those powers, it sent home, together with this Act, a short Act, which it suggested that Parliament should pass, in order to legalise what it had done, Now, it would be most inconvenient, as well as not very creditable, for the British Parliament to accede to such a request, while it would also be most inexpedient as an example to the other colonies. Certain limited powers having been granted to the Legislative Council, it ought to have confined itself strictly within its authority; and whatever was wanted beyond those constitutional powers should take the form of a gift and concession from the Imperial Parliament to the colony, instead of the colony taking it in a shape that was illegal and void, and then sending its Act home, accompanied by another short Act, asking Parliament to confirm and ratify its irregularity. If this Motion had been for a Bill to assent to the Act of the Legislative Council of Victoria, the course pursued by the Government would have been sufficiently objectionable; but it was more objectionable still, because it was not merely a Bill to enable Her Majesty to grant Her

THE LORD ADVOCATE said, at that late hour (it being half-past twelve o'clock), he would not oppose the Motion, as there seemed no likelihood of ending the discussion that night.

MR. COWAN said, he hoped the Government would allow the debate to be continued on Monday next, which was agreed to.

Debate adjourned till Monday next,

VICTORIA GOVERNMENT BILL. LORD JOHN RUSSELL moved for leave to bring in a Bill to enable Her Majesty to assent to a Bill, as amended, of the Legislature of Victoria, "to establish a constitution in and for the colony of Victoria."

MR. LOWE said, he was very sorry to be obliged to trouble the House at that late hour with two or three observations, but the great importance of the question, and the novelty, as well as the very undesirable nature of the course about to be adopted, must be his excuse for doing so. The noble Lord gave notice of a Bill to enable Her Majesty to assent to an Act of the Legislative Council of Victoria as that Act had been amended. This was a very extraordinary Motion. He would say nothing now of the Bill, which could be dis

Act so amended at once in the name of Her Majesty. That Bill might also be coupled with another making such concessions to the Colonial Legislature as the Legislature had assumed to itself without the authority of Parliament, and giving to it the land fund, and anything else which the noble Lord thought it ought to have. The other course would be to do in effect what we were now asked to do in substance

enabling Her Majesty to assent to a Bill which the Colonial Legislature had never passed, and to legislate directly on the subject. If the noble Lord thought the House ought to make a constitution for the colony, let them do it, but let them have the question brought fairly before them, so that they might know what they were about. He protested against the plan of passing a Bill to enable Her Majesty to assent, not to a Bill that had been passed by the Legislature of Victoria, but to another and a different Bill which, even had it been passed by that Legislature, had been passed by it ultra vires.

consent, but really a Bill to enable the Legislative Council to pass that which it had set up, though utterly void of law, The House was therefore asked, in fact, to give validity to a law which the Legisla tive Council had no authority to make, and which Her Majesty had no power to agree to. The matter, however, did not stop there. The Legislative Council of Victoria, having passed an Act which it had no power to pass, and then sent it-namely, to sweep away the machinery of home to be made valid, the noble Lord (Lord John Russell) did not approve of certain portions of this Colonial Act, and thought it not advisable to adopt them; and, therefore, he had amended the Colonial Act by striking out those objectionable portions of it and inserting others in their place; and then he asked Parliament to pass a Bill to enable Her Majesty to assent, not to the Act which the Colonial Legislature had adopted, but another one which the noble Lord had devised. An Act when thus altered was no longer the same measure, but must be regarded as an entirely new one, and therefore the Act now proposed to be legalised could not be considered as the Bill that was passed by the Legislative Council of Victoria. As the noble Lord had amended this Act, he presumed that the House of Commons could also amend it. If not, the simple effect would be to deprive the House of the power of amending an Act of its own, because the Act would be as much the Act of that House as if it had never passed the Legislature of Victoria, that Legislature never having had power to pass it. They were, therefore, involving themselves in a mass of inextricable confusion, difficulty, and anomaly, and they were placing the House of Commons in a situation in which it ought not to be placed-namely, in the situation of submitting to the dictation of a colonial assembly as to what laws it should pass. He objected, therefore, entirely to the course which the noble Lord proposed to pursue, but he would suggest two courses, either of which would be free from any objection in principle. The noble Lord might stand upon the Act of 1850, and say to the Legislative Council of Victoria, "You have exceeded your powers; you have done that which you had no right to do, and I therefore send back the Act, in order that you may amend it." But, as the case was one of emergency, the noble Lord might also introduce a Bill vesting in the Governor General of the Australian Colonies power to assent to the

LORD JOHN RUSSELL said, he did not think that either of the courses proposed by the hon. Gentleman would be preferable to that which the Government desired to adopt. The hon. Gentleman was mistaken in supposing that it was proposed to insert in this Bill provisions which the Legislature of Victoria had not sanctioned, but the hon. Gentleman was quite correct in stating that the enactments of the Legislature of Victoria were ultra vires, that they interfered with certain Imperial Acts, and that they touched upon matters which were strictly within the province of Her Majesty and Parliament. He proposed, therefore, to take generally the Bill of the Legislature of Victoria as far as concerned its own constitution, but to omit certain proposals which would limit the power vested in the Crown of disallowing the Acts passed by the colonies. The Bill, therefore, although it would certainly not contain all that the Legislature of Victoria had proposed, would not contain anything to which it had not given its assent, and thus, in his opinion, would be within the powers given by Parliament to the Australian colonies to form constitutions for themselves. It must be recollected that both of these constitutions arrived in this country during the last recess. If they had been sent back they could not have arrived in time to give validity to these Bills in the course of this Session. The hon.