§ Mr. Bannermanmoved the second reading of the Aberdeen Public Schools Bill.
Captain Gordonfelt it his duty to oppose this Bill, which went to divert to a totally different purpose funds that had been left for a specific object. The fund in question had been left by Sir A. Hay, in the middle of the 17th century, for the maintenance and repairing of the bridge over the Don at Aberdeen; and the testator adjured those to whom the trust was confided, namely, the town-council and magistrates of Aberdeen, to fulfil it faithfully and for ever, as they would answer for it at the day of judgment. The late much calumniated Magistrates of Aberdeen had faithfully adhered to the terms of the trust and the intentions of the donor, but it was now proposed by the new town-council to take 6,000l. out of the accumulated fund of this trust, and apply it to the erection of schools in Aberdeen.
§ Mr. BannermanI am glad that the Member for the county of Aberdeen has chosen to oppose this Bill on its second reading, because if the House shall agree with him in thinking that its principle is unjust, and that it forms a dangerous precedent, it will of course be thrown out at this stage, which will save its promoters, the Magistrates and citizens of Aberdeen, whom I have the honour to represent, a great deal of unnecessary trouble and expense in a Committee up stairs. It becomes necessary for me, therefore, shortly to explain to the House the nature of this Bill. It is entitled a Bill for the erection of Public Schools in the city of Aberdeen; and to enable the corporation to erect such schools, they apply to Parliament to sanction the appropriation of 6,000l. or 7;000l., being the amount of an accumulated fund under their management, and I may add, in my opinion, which is under their complete control. My hon. Friend has stated the nature of that fund; the House will hear both sides; I will also state the nature of it. In the year 1605 a gentleman named Sir Alexander Hay bequeathed certain specific feu duties or annual rents amounting to 2l. 5s. 8d. sterling, for repairing and upholding a bridge over the river Don, with- 865 in a mile and a-half of the city of Aberdeen, which had been built by King Robert Bruce. This bridge, which has stood the lapse of centuries, is now in a complete state of repair, and in all probability will stand for many centuries to come. It is the same "Bridge of Balgony" which is noticed by Lord Byron in a note to one of his celebrated effusions; and, singular enough, one of the schools which is proposed to be rebuilt at Aberdeen by this Bill, is that in which the noble bard received the elements of his early education. This bridge having been built during the reign of Robert Bruce, the House may suppose that it is a pretty solid structure; indeed, although the citizens of Aberdeen contributed largely for upholding it more than two centuries ago, very little has since been required to keep it in repair. That circumstance, as well as other fortuitous ones, and fortunate purchases by the corporation of Aberdeen, with the funds under their management, will account for the accumulation, which ten years ago amounted to 18,000l. Before I stale to the House how the greater part of that surplus was appropriated by Parliament, I ought also to state to the House what my hon. Friend opposite has not forgotten to dwell on, that the deed to which I have alluded provides that the Magistrates of Aberdeen shall apply "the rents and feu duties for the repair and maintenance of the said bridge, and for no other purpose, as they should answer to God at the last judgment." Well, Sir, notwithstanding this solemn adjuration, let us see how the former calumniated Magistrates of Aberdeen, as my hon. Friend calls them, dealt with this fund: none of your reformed town-councils, but good old Conservative, self-elected citizens. I find, Sir, among other items, the following:
Besides these sums, a considerable sum from this fund was annually expended in eating and drinking, and 360l. was expended for 866 obtaining a new warrant to elect Magistrates, and to oppose the citizens when they applied to the Crown for a popular election, when the city was disfranchised, in the year 1818. It may be asked, were their appropriations proper and right? I answer, no. But, Sir, it is to such appropriations I object. Let Parliament look after this fund, and see that it is appropriated to useful and beneficial purposes. But, notwithstanding these unauthorised appropriations, which took place under the reign of my hon. Friend's "much calumniated Magistrates," the fund accumulated, in 1825, to 18,000l. sterling; and how was it applied? I will tell the House. The access to the old bridge is circuitous and steep, and the country gentlemen, some of whom are now opposing this Bill, finding it very convenient to have a more direct road, prevailed on the magistrates to build a new bridge. After much discussion the Magistrates applied to Parliament, and I hold in my hand a Bill authorising the appropriation of 14,000l. for building this new bridge, on which 17,000l., I believe, was expended; and I ask the House whether that Bill infringed on the principle for which my hon. Friend contends? I ask, whether building a new bridge be the same as maintaining and upholding an old one distant a quarter of a mile from each other? It will be said, that the Bill also provided for maintaining and upholding the said bridge. Assuredly it did, and Parliament will take care that the Bill which I now submit to the House shall not pass without a similar provision, which it expressly contains. I recollect, Sir, that the Bill to which I have alluded, was opposed in this House, not on its principle, but because it was thought by the salmon fishery proprietors that it would injure the fishery by being placed in a shallow part of the river, the old bridge being erected over a part which is four or five fathoms deep. Having failed to convince a Committee of this House the opposition was continued in the Peers, and the "solemn adjuration" was then alluded to in a Committee of that House, of which a right rev. Prelate formed one of a quorum. Particular emphasis was laid by the learned Counsel who opposed the Bill, on the solemn adjuration of Sir Alexander Hay. I was not in Parliament, but happened accidentally to be present, and what remark did the rev. Prelate make? "Why," said he "if a new and more commodious bridge is is to be built, provided there are ample 867 funds to maintain and uphold the old one, I think the ghost of the testator may be appeased; for I can see no harm, if the funds were forthcoming, to build a church at the end of the bridge." Sir, I dare say the right rev. Prelate had just as much abhorrence to the invasion of trusts as these country gentlemen, who have sent in such violent resolutions against this Bill. I shall not detain the House longer. I do hope it will agree to the second reading of this Bill, the promoters of which are the Magistrates of Aberdeen, who come boldly forward to Parliament to sanction the expenditure of a few thousand pounds, which can be applied to no purpose so useful as that of promoting education in a very large and populous city. The opposes of the Bill are some of the gentlemen in the adjacent county; and should the House agree with them that this Bill is unjust in principle, and most dangerous as a precedent, I do hope and trust that the collective wisdom of this nation will lay down some rules for the future guidance of the Magistrates of Aberdeen as to the appropriation of this fund; whether it is to be thrown into the sea or the river Don, whether it is to be consumed by eating and drinking, or whether Parliament thinks it is a more legitimate object to present gold snuff-boxes to his Majesty's Ministers than to educate his Majesty's subjects, or to make approaches for the convenience of some of the gentlemen of the county of Aberdeen? I shall not detain the House longer. I hope it will deal with the question not as a party one; for I fear it is looked on by some individuals in the north in that light. I came here with no such feelings, and whatever the decision of the House may be, the promoters of the Bill, I am sure, will bow to that decision.
1791 Building bridges at Ellon and Yttan, sixteen miles distant from Aberdeen £52 10 0 Repairing roads 100 0 0 1793. A superb gold snuff-box to Mr. Secretary Dundas 105 0 0 1797. Engraving plans 53 0 0 1798. Voted aid to Government 157 10 0 1799. Improving roads 200 0 0 Copy plan of a new Bridewell at Glasgow 50 0 0 1802. Act of Parliament for a House of Correction 100 0 0 1805. Law plea about roads 68 0 0 Patriotic fund at Lloyd's 52 0 0
§ Mr. Pringleopposed the Bill, on the ground that it went to effect an entire diversion of the funds from the purposes to which the donor intended them to be applied.
§ Mr. William Campbelldiffered toto cœlo from his hon. Friend. He trusted that the House would give its sanction to this Bill, which went to apply a portion of this surplus to the providing education for the people of Scotland. The Tories did not scruple to apply those funds to the providing gold snuff-boxes for Lords of the Admiralty, and good dinners for themselves, but they were shocked at a proposal for applying a portion of them to the education of the people.
Sir George Clerkthought they had no right to appropriate those funds to a purpose totally different from that intended by the donor.
Mr. Wallacesaid, they had heard no complaint of the misappropriation of those funds when spent formerly in eating and drinking, but a cry was raised now against expending any portion of them in educating the people. He thought they could not be better applied,
§ Mr. Humesaid, that having sat for twelve years as Member for Aberdeen, though he never got a vote from the old town during that time, he felt naturally anxious that the House would pass an Act like the present, calculated to promote the interests of the people there.
§ Mr. S. Mackenziesupported the Bill.
§ Lord Sandonsaid, that the general practice in cases of this kind was to refer the appropriation of the accumulated surplus to the decision of the Court of Chancery.
§ Mr. Bannermanobserved, they had no Court of Chancery in Scotland.
§ Lord Sandonsaid, they had surely a Court possessed of analogous powers there, and it was to such a tribunal, and not to that House, the appropriation of this money should be referred.
§ The House divided on the Question of the second reading: Ayes 118; Noes 72; Majority 46.
| List of the AYES. | |
| Acheson, Lord | Dundas, J. D. |
| Aglionby, H. A. | Ferguson, Sir R, |
| Ainsworth, P. | Ferguson, R. |
| Bagshaw, J. | Fergusson, C. |
| Baines, E. | Finn, W. F. |
| Baldwin, Dr. | Fitzsimon, C. |
| Barnard, E. G. | Folkes, Sir W. |
| Bellew, R. M. | Gaskell, D. |
| Bellew, Sir P. | Gillon, W. D. |
| Benett, J. | Gisborne, T. |
| Blackburne, J. | Goring, H. D. |
| Bowes, J. | Greene, T. G. |
| Bridgeman, H. | Grey, Sir G. |
| Brotherton, J. | Grey, C. |
| Brownrigg, J. S. | Guest, J. J. |
| Buckingham, J. S. | Harland, W. C. |
| Butler, Col. | Hay, Sir A. L. |
| Byng, G. S. | Hector, C. |
| Callaghan, D. | Hindley, C. |
| Chalmers, P. | Hodges, T. L. |
| Childers, | Hodges, T. |
| Clay, W. | Holland, E. |
| Clive, E. B. | Hume, J. |
| Crawford, W. S. | Jervis, J. |
| Crawford, W. | Langlon, Col. G. |
| Dillwyn, L. W. | Leader, J. T. |
| Divett, E. | Lennox, Lord G. |
| Duncombe, T. | Lynch, H. A. |
| Mackenzie, J. S. | Ruthven, E. S. |
| Macleod, R. | Sanford, E. A. |
| Macnamara, Major | Scholefield, J. |
| Mangles, J. | Scott, J. W. |
| Marjoribanks, S. | Sharpe, M. |
| Marsland, H. | Sheil, R. L. |
| Maule, Hon. F. | Sheldon, E. R. C. |
| Morrison, J. | Stanley, E. |
| Murray, J. A. | Steuart, R. |
| Musgrave, Sir R. | Stewart, P. |
| North, F. | Strickland, Sir G. |
| O'Connell, D. | Stuart, Lord D. |
| O'Connell, J. | Tancred, H. W. |
| O'Connell, M. | Thompson, T. P. |
| O'Connell, M. J. | Thornely, T. |
| O'Connell, M. | Townely, R. G. |
| O'Conor, Don. | Trelawney, Sir W. |
| Oliphant, L. | Tynte, C. J. K. |
| O'Loghlen, Sergeant | Wakley, T. |
| Oswald, J. | Walker, C. A. |
| Parker, J. | Walker, R. |
| Parnell, Sir H. | Wallace, R. |
| Parrott, J. | Wason, R. |
| Pendarves, E. | Whalley, Sir S. |
| Philips, M. | White, S. |
| Potter, R. | Wilks, J. |
| Poulter, J. S. | Wilmot, Sir J. |
| Price, Sir R. | Winnington, Sir T. |
| Pryme, G. | Winnington, H. |
| Robinson, G. R. | Wrottesley, Sir J. |
| Roche, D. | TELLERS. |
| Roebuck, J. A. | Bannerman, A. |
| Ruthven, E. | Campbell, W. |
| List of the NOES. | |
| Alsager, Captain | Gladstone, T. |
| Arbuthnot, Hon. H. | Gordon, W. |
| Bainbridge, E. | Goulburn, Rt. Hon. H, |
| Balfour, T. | Gresley, Sir R. |
| Barclay, C. | Grimston, Viscount |
| Bateson, Sir R. | Halse, J. |
| Beckett, Sir J. | Hamilton, Lord C. |
| Bell, M. | Hanmer, Sir J. |
| Bethell, R. | Hardy, J. |
| Blackstone, W. S. | Henniker, Lord |
| Bonham, F. R. | Ingham, R. |
| Borthwick, P. | Johnstons, J. J. H. |
| Bruce, C. | Jones, T. |
| Brudenell, Lord | Irton, S. |
| Buller, Sir J. Y. | Kearsley, H. J. |
| Campbell, Sir H. P. B. | Knatchbult, Sir E. |
| Castlereagh, Visc. | Lister, E. C. |
| Chandos, Marq. of | Longfield, J. |
| Chisholm, A. | Lygon, Hon. Col. H. B. |
| Compton, H. C. | Mackinnon, T. |
| Conolly, Colonel | Marsland, T. |
| Corry, Rt. Hon. H. | Miles, W. |
| Duffield, T. | Parker, M. E. N. |
| Eastnor, Viscount | Peel, W. (Tamworth.) |
| Egerton, Lord F. | Plumptre, John P. |
| Elley, Sir J. | Pollington, Visc. |
| Entwisle, J. | Powell, Colonel W. |
| Fector, J. M. | Price, Richard |
| Ferguson, G. | Pusey, P. |
| Forbes, W. | Rae, Sir W. |
| Forrester, Hon. C. W. | Ross, C. |
| Freshfield, J. W. | Sandon, Viscount |
| Smyth, Sir G. | Wortley, Hon. J. |
| Somerset, Lord G. | Wyndham, Wadham |
| Stanley, Edward | TELLERS. |
| Trevor, Hon. Arthur. | Clerk, Sir G. |
| Trevor, Hon. R. | Pringle, A. |
| Wilbraham, R. B. |