QUESTION. (Hansard, 12 July 1859)

THE EARL OF AIRLIE

rose to ask Her Majesty's Government whether, after the Report of the Commissioners appointed under the Act21 and 22 Vict., c. 83, "Universities (Scotland) Act," on the Petitions which were referred to them on the 4th instant, against their Ordinance of the 12th March, 1859, shall have been submitted to Her Majesty in Council, such Report will be communicated to Parliament before Her Majesty shall have signified Her final Approval or Disapproval of the Ordinances of the 12th March, 1859. The noble Earl said the matter respecting which he was about to put a question to the Government was one which had excited a deep and lively interest, not only in the city and the University of Aberdeen, with both of which he was connected, but throughout the north of Scotland. Their Lordships would recollect that last year an Act was passed which had for its object "to make provision for the better government and discipline of the Universities of Scotland," and that Commissioners were appointed under the Act, with power to frame ordinances for the purpose of carrying out its provisions. There was a clause in the Act which prescribed the forms to be complied with by the Commissioners before effect could be given to the rules or ordinances which they might frame. The most important provisions in this clause were that any rules or ordinances which might be made by the Commissioners should be published in the Edinburgh Gazette for four consecutive weeks, and should be at the same time laid before both Houses of Parliament; that any University or college, or the trustees of any endowment, or any other person directly affected by such rule, statute, or ordinance, might within one month after the last publication thereof in the Gazette, petition Her Majesty in Council to withhold Her approbation of the whole or any part thereof; that it should be lawful for Her Majesty in Council to refer such petition to the Commissioners, and to direct that they should hear the petitioner or petitioners by counsel, and report specially to Her Majesty in Council on the matter of the said petition, and that it should then be lawful for Her Majesty by Order in Council either to declare her approbation of any such rule, statute, or ordinance, in whole or in part, or to signify her disapproval thereof 1037 in whole or in part, in which case the Commissioners might proceed to frame other statutes or ordinances, subject to the like provisions and conditions. Now, on the 12th of March of this year an ordinance was published by the Commissioners, which ordained, among other provisions, That there shall not be more than one professorship in any one branch of instruction in the faculty of Arts in the University of Aberdeen. That the classes in the faculty of arts, with the exception of the class of natural history, and the classes in the faculty of divinity in the University of Aberdeen, shall assemble and be taught in that portion of the University buildings hitherto belonging to and occupied by King's College, with any additions that may be made thereto, and those in the faculties of law and medicine, and also in the class of natural history, shall assemble and be taught in that portion of the University buildings hitherto belonging to and occupied by Marischal College, with any additions that may be made thereto. That the general library of the University shall be kept at that portion of the University buildings hitherto belonging to and occupied by King's College, but any library or libraries to be appropriated to the faculties of law and medicine shall be placed in buildings convenient for the use of these faculties. The effect, then, of the ordinance of March 12 was this, it would reduce Marischal College from a place of liberal education to a mere school of law, medicine, and natural history. It would reduce the number of professorships in the faculties of arts—that is, in Greek, Latin, and the other branches of a liberal education—to little more than half the number that now existed, and it would transfer the University library from Marischal College to King's College. Before the publication of the ordinance, evidence was tendered by those persons and corporate bodies whose interests were directly affected by the changes that were in comtemplation. Evidence was tendered by the Senatus Academicus of Marischal College and by other persons as to the injurious effects on education that would probably follow the suppression of a large number of professorships; evidence was tendered by the Town Council of Aberdeen as to the amount of money which had been expended by the town in the repairs and extension of Marischal College, and as to the vested rights of a large number of the citizens of Aberdeen in the University library; but he believed he was correct in stating that the Commissioners refused to hear any evidence whatever previous to the issue of their ordinance. It was hardly to be expected that an ordinance framed under 1038 such circumstances should be approved by the parties whose right were affected by it. Petitions against the ordinance were immediately prepared, and were presented in compliance with the Act to the Queen in Council. The petitions wore referred by the Queen in Council to the Commissioners, with directions that the petitioners should be heard by counsel. The case of the petitioners was heard in Edinburgh, before the Commissioners, on the 4th of this month. The case of the petitioners had now therefore reached this stage—it was now under the consideration of the Commissioners, and when the Commissioners had formed their opinions upon it, they would have to make a report to the Queen in Council, and Her Majesty would, after having received the report of the Commissioners, signify her approval or disapproval of the ordinance. Now, what the persons whose interests were affected by the ordinance in question desired was this, that they should be made aware of the nature of the report of the Commissioners before the final and irrevocable step had been taken, before Her Majesty had signified her final approval or disapproval of the ordinance. They wished to have an opportunity of laying their case fully and fairly before the Government, and they wished to do so before the Government was committed to the ordinance. It might be said that the petitioners have been heard already. But, in the first place, he apprehended that as to laying the evidence before the Privy Council, that was to a great extent a matter of form, for it was to be supposed that the Government would be very much guided by the report of the Commissioners. But there was another reason for which he thought the persons affected by this ordinance should have an opportunity of laying their case before the Government. He should be able to show that the feeling of dissatisfaction which had been excited in the first instance by the apprehension that the double professorships would be suppressed, and by the fear of the other steps which had been taken by the Commissioners, was so far from subsiding that it had largely increased. That was a consideration which should carry great weight with the Government, and perhaps it would naturally carry more weight with them than with the Commissioners. A measure might be perfectly wise and just in the abstract, and yet it might excite such irritation that it might not be expedient, having regard to those interest which 1039 it was intended to promote, to force it upon unwilling people. He was prepared to show that the ordinance, if it took effect, would render education less accessible to the poorer classes than heretofore; that the suppression of Marischal College as a seat of learning was in direct contravention of the wishes of the founder as expressed in his will; that large sums had been expended in the repair and extension of Marischal College by the town of Aberdeen, on the supposition that education, in all its branches, was to continue to be carried on there; that in removing the faculties of arts from Marischal College to King's College they were transferring them from a site which was convenient for the students to one which was less convenient for them; that at this very moment there were persons who had it in contemplation to bestow bursaries and other endowments on the Aberdeen University, who would withhold such endowments if the ordinance was carried into effect; that a large number of the inhabitants of Aberdeen have a right to repair to the University library for study, and that in removing the library to King's College they would be placing it where it would be practically inaccessible to them. He undertook to show that the ordinance, if it took effect, would entail a wanton and wasteful expenditure of public money. Those who opposed the ordinance wished to learn, if the report of the Commissioners should be unfavourable, the grounds on which the Commissioners had formed their determination; they wished to learn why Marischal College and the city of Aberdeen were to be visited by a penal enactment. If they succeeded in persuading the Government to adopt their views, of course that would be to them a subject of congratulation; if, on the other hand, they should fail, they would at least have the satisfaction of having been beaten in a fair field and in the face of day. But if they were denied such an opportunity, then the dissatisfaction which now existed would be aggravated tenfold, an impression would get abroad—though he, for one, need hardly say that he would not share that impression—that there was some reason in the back ground for the decision of the Commissioners besides those which were openly put forward, and he would leave their Lordships to judge how far such an impression would contribute to the satisfactory working of an institution whose success must, in a great degree, depend on the co-operation and the good-will of those 1040 for whose benefit it was intended. The noble Lord concluded by putting his Question.