Sitting of 22 July 1873

MINUTES.
PUBLIC BILLS—Resolution reported—Ordered—First Reading—Constabulary Force (Ireland)* [257].
Ordered—First Reading—Defence Acts Amendment* [255]; Local Rates and Taxes (Scotland)* [256].
Second Reading—Slave Trade (East African Courts)* [236]; Slave Trade (Consolidation)* [249]; Langbaurgh Coroners* [242]; Statute Law Revision* [240].
Committee—Report—Elementary Education Act (1870) Amendment, &c. (re-comm.) [245]; Penalties (Ireland)* [239].
Considered as amended—Ecclesiastical Commissioners* [235]; Extradition Act (1870) Amendment* [220].
Third Reading—Supreme Court of Judicature [237], and passed.
Withdrawn—Municipal Corporation (Borough Funds)* [186].
The House met at Two of the clock.

ELEMENTARY EDUCATION ACT (1870) AMENDMENT &c. (recommitted) BILL.
(Mr. William Edward Forster, Mr. Secretary Bruce.)

[BILL 245.] COMMITTEE.
Order for Committee read.
Motion made, and Question proposed, "That Mr. Speaker do now leave the Chair."— (Mr. W. E. Forster.)
MR. DIXONrose to move the Amendment of which he had given Notice—
"That, in the opinion of this House, no Amendment of the Education Act will be satisfactory which does not make the attendance of children at school and the formation of School Boards compulsory throughout England and Wales, and which fails to remove the objections entertained to the principles embodied in the twenty-fifth Section of the Act."
His desire was not to raise a prolonged debate, for which he thought the present time was not favourable, but to give the House the opportunity of dividing on the question. He had twice during the Session attempted to introduce Resolu-
754
tions on the subject, but he had failed to do so in consequence of the Government standing in the way; and on Thursday last, when his right hon. Friend the Vice President of the Privy Council moved the second reading of this Bill, he was precluded from moving this Amendment. It might be said it was inconvenient to bring forward a Resolution containing a series of three propositions, as some hon. Members might be disposed to support one or two, but not the whole three; but he would take care to afford an opportunity for voting upon each one separately in Committee. He was told it was another objection to his Resolution that it would be fatal to a Bill which had been accepted by a large majority of the House. But that need not be the case, although, even if it were considered fatal to the Bill, he could not say that he should, under the circumstances, feel at all dissatisfied; because the meaning of such a vote would be that the House had pledged itself to give effect to the principles contained in his Resolution. On Thursday night the indulgence of the House had enabled him to make some remarks on the great importance of immediately passing a compulsory law, and also to advocate the opinion that school boards were the best machinery for carrying out such compulsion. It was quite true, as stated by the Vice President of the Council, that when there was no national system of education, and no immediate expectation of one being adopted, he had held the opinion that the money of the ratepayers might be advantageously used for the purpose of educating pauper children. But since that time the position of the question had been entirely altered. The country was much more prepared than he had then anticipated for the adoption of a national system of education; and under that system schools were provided which approached much more nearly, if not entirely, to what he considered was the proper type of National Schools. He very naturally, therefore, preferred what he had always advocated—namely, an extension of the national system of education. What he wished to see was all the new forces which had come into existence under the Act of 1870 and the Amendments to that Act brought to bear on the new and improved system of elementary education. There were a large number of persons who

755
attributed to pique the part which he and those who agreed with him took in this matter, and to strictures of that kind they were prepared to submit. But he hoped his right hon. Friend understood that there was no inconsistency in their position. He said on Thursday night that as he could not have his own way, and nevertheless desired to see education extended, the only alternative before him was to cease to oppose this measure of his right hon. Friend for the extension of education. He was therefore prepared to see the plans of his right hon. Friend carried out, without taking upon himself the responsibility of sanctioning them. The hon. Gentleman concluded by moving the Amendment.
Amendment proposed,
To leave out from the word "That" to the end of the Question, in order to add the words "in the opinion of this House, no Amendment of the Education Act will be satisfactory which does not make the attendance of children at school and the formation of School Boards compulsory throughout England and Wales, and which fails to remove the objections entertained to the principles embodied in the twenty-fifth section of the Act,"—(Mr. Dixon,)
—instead thereof.
Question proposed, "That the words proposed to be left out stand part of the Question."
MR. STAPLETONsupported the Amendment, remarking that the Bill violated the essential principles of the Poor Law. He would have been very much astonished that it should receive the support of the hon. Member for Brighton (Mr. Fawcett), only he was prepared to make allowance for the aberrations of a philosopher. It was said that 2½d. a-week was a very small sum to pay for children; but he knew many districts in which children paid only ld. a-week. As the Bill stood, there was no provision made for the children of the poor who were not paupers. He could not but think it most demoralizing that we should say to the poor struggling ratepayer—"You must pay for the education of your own child, and the children of your neighbour, the pauper, who is vicious and idle, will also go to school at your expense."
MR. VERNON HARCOURTsaid, he wished to state on what points he differed from the hon. Member for Birmingham (Mr. Dixon), and where he
756
agreed with him. He (Mr. Harcourt) had never been a violent compulsionist. The doctrine of compulsion had not found favour with the people of this country. Even for the greatest public objects, such as that of national defence, the English people had never been willing to accept the doctrine of compulsory service. He would not, therefore, attempt to force compulsion upon the country, seeing it was not ripe for it. He, for one, would be very glad when all the children would be found attending school; but if he might use an Hibernian expression, he would say that compulsion would never succeed in this country until it was voluntarily adopted; or, in other words, you could never enforce compulsion by statute until public opinion was ripe for its enforcement. He wished that the hon. Member for Birmingham had confined his Amendment to the simple repeal of the 25th clause. His desire was that the repeal of that clause should not, as far as argument was concerned, be allowed to sink into the quagmire of sectarian controversy, but should be argued solely upon economical grounds. He was at first very much inclined to the doctrine of absolutely free education; but upon further reflection he had seen the danger of it. However, as between free education and the education to be given to paupers alone, he held that there ought to be no middle term. Provision had been made for the payment of the fees of pauper children, to be attended by the consequences of Poor Law relief. This applied to paupers alone, and so far he agreed with the Bill. There was, however, a provision in the Bill originally that the Guardians should be allowed to pay the fees for persons who were to be semi-paupers and to receive this relief from the poor rate without the consequences of Poor Law relief; but there was so general an expression of opinion against that clause that the right hon. Gentleman was compelled to withdraw it. In his judgment, the proper course for the House now to adopt would be to repeal the 25th and also the 17th section of the Act. The principle upon which these clauses were founded would, if they were brought into considerable use, break down the whole system of our Poor Law. The provision made for the pauper population in the 3rd clause was, he conceived,

757
the only provision that ought to be made in that respect out of the poor rate; and, that being so, both the 17th and the 25th sections of the Act ought to be repealed. Under the Scotch Education Act of last Session the payment of school fees was followed by the consequences of Poor Law relief. It was just as important and as humane to give aid to the sick, to clothe the naked, and to feed the hungry as it was to educate the children of the poor; but, nevertheless, we did not give to hospitals and clothing clubs powers analogous to those conferred by the 17th and 25th clauses of the Education Act. Indeed, if we introduced principles of that character there would be no end to the consequences, and the country would be flooded by an irresistible flood of pauperism. He was aware the Birmingham League were anxious to abolish the 25th section; but he had heard of no proposal on their part to repeal the 17th. Though he should be extremely glad himself to see all the children go to the Board schools, he knew that to legislate in such a direction would be idle and nugatory. To repeal the 25th clause of the Act and leave the 17th unrepealed would be to place a high differential duty on the denominational schools as against the Board schools, and would have the effect of driving all the children into the latter at once. To ask the House to accept such a proposal would be useless, for hon. Members must treat these matters like men of the world and persons who understood politics. By repealing both clauses this vexed sectarian question, he believed, might be settled upon grounds on which all parties would be able to agree. He had heard rumours that such a proposal was likely to have proceeded from a quarter which would probably have rendered it more acceptable to the House than it would be if it emanated from the hon. Member for Birmingham; but he had heard an ingenious and Machiavellian suggestion made that the idea was abandoned, for fear it might have the serious effect of establishing a reconciliation in the Liberal party. Such an objection, to his mind, would not be fatal to the proposition if it were otherwise sound. There was, however, something even more important than a reconciliation of the conflicting sections of the Liberal party, and that was the cause of education in this country. It
758
must be admitted on all hands that the unfortunate disagreement with respect to this 25th clause of the Act was a most serious stumbling-block in the way of the progress of education in this country. If, therefore, some common ground could be found on which all parties could agree, and which had nothing to do with sectarian differences at all, it was surely a matter worthy of the House of Commons to see whether they could not so agree to remove the stumbling-block and advance education. Was it worth keeping up either the 17th or the 25th clause, about which there had been so much fighting? He would appeal to the hon. Member for Westminster (Mr. W. H. Smith) whether the results were not infinitesimal in London?—and if that was the case in a place like London, surely that was a strong argument why these vexed clauses should be withdrawn with a view to an amicable settlement of the difficulty. If the Vice President of the Council would consent to this mode of settling the controversy he would remove a great bone of political contention and do much to advance the cause of national education.
MR. W. E. FORSTER: My sole object in rising so early is that it seems to me we are debating upon the original Motion rather than upon the Amendment of the hon. Member for Birmingham (Mr. Dixon), and it appears to me that we are all of one opinion that we do not wish to have repeated discussions on the same point. The hon. Member for Birmingham has proposed a Resolution combining three objects, and my hon. and learned Friend the Member for Oxford (Mr. Harcourt) has argued in a powerful manner—not in favour of the Motion, but of the Amendment of which he has given Notice, and which the House in Committee will have to consider, and it seems to me that it will be better not to enter now upon any debate upon the subject of this Amendment The hon. Member for Birmingham said he invited division, but did not invite debate, and as I shall be very glad on the part of the Government to meet the arguments for Amendments when they are brought forward, I cannot but believe that we had better get as soon as possible into Committee to hear them. My hon. Friend gave as his reason that he never interposed with a Resolution. I remember in his very

759
calm and moderate speech last Thursday evening he said he would not vote against the Bill now under consideration, and therefore went out of the, House. He felt now that by his Motion he would be as much voting against the Bill as by supporting the Previous Question; but he gets out of it by saying that he knows his Motion will not be carried. I do not wish to treat his Motion with anything like indifference, much less with anything like contempt. Nevertheless, the matter has been debated over and over in the House, and I feel we cannot now enter into the question of universal compulsion or universal school rates. I will only just say this—I repeat that I am still as earnest for universal compulsion as ever I have been; but that I do believe that if my hon. Friend insists upon coupling with universal compulsion, the necessity for school boards, and also the repeal of the 25th clause without anything in its place, he will put off for an indefinite time this very system of compulsion. I think we should not meet with the assistance of the country, if in order to get compulsion extended throughout England and Wales, ratepayers are called upon to build schools which would not otherwise have been necessary, or if anything like differential duty were imposed upon them for Board schools as against other schools, compulsion will be impossible. However necessary it may be, it is a difficult and delicate matter, and if we compel more than we can help, we shall certainly fail. My hon. Friend threw out a hint that voluntary schools, so far as secular education is concerned, might be transferred to the school boards. I doubt the willingness of the managers of the voluntary schools, at all events for a long time to come, to agree to such a transfer. It may be said that they would thereby relieve themselves from the cost of secular teaching. Undoubtedly they would; but upon whom would fall the cost of secular teaching?—upon the ratepayers. Does my hon. Friend think the ratepayers would be willing to undertake the task? The burden is already by no means small, and year by year it will continue to increase. My hon. Friend is mistaken in supposing that it is a mere pounds, shillings, and pence question. We must it is true remember we have to pass measures through this House. This House is composed of
760
Representatives of the ratepayers, and I cannot conceive anything more difficult to be obtained than a system of compulsion with the money to be attached to it. I should, however, be hardly honest if I were to sit down without saying that I think there are higher subjects involved. I have often been charged with making a compromise, and with deviating from principle in order to get the House to agree to the Education Act. I can only state that was not the feeling with which I brought the measure forward. There has never to my mind been any compromise. I am aware that in the minds of many Members they thought they were giving up one thing to secure another; but my object in this matter was to make use of all the moral forces of the country, and, having the interests of education at heart, I did not feel at liberty to disregard what has been accomplished by the voluntary system. Quite independently of pounds, shillings, and pence there are many parts of the country where the Squire and the Parson, who have been so often referred to, would be more likely to secure an efficient school than a body of reluctant farmers, upon whom the conduct of a school board might sometimes fall. I hope we may be allowed to divide upon this Amendment, if my hon. Friend thinks it necessary to do so, and then to proceed in Committee, where all the points will be brought forward for positive discussion.
Question put.
The House divided:—Ayes 129; Noes 45: Majority 84.

AYES.

Adderlcy, rt. hn. Sir C.

Cavendish, Lord F. C.

Amphlett, R. P.

Charley, W. T.

Anstruther, Sir R.

Childers, rt. hon. H.

Ayrton, rt. hon. A. S.

Clay, J.

Baines, E.

Cobbett, J. M.

Barclay, A. C.

Colebrooke, Sir T. E.

Barclay, J. W.

Coleridge, Sir J. D.

Barttelot, Colonel

Collins, T.

Bates, E.

Corrance, F. S.

Baxter, rt. hon. W. E.

Corrigan, Sir D.

Beach, W. W. B.

Cowper-Temple, right

Benyon, R.

hon. W.

Birley, H.

Cross, R. A.

Blennerhassett, Sir R.

Cubitt, G.

Bolckow, H. W. F.

Delahunty, J.

Bonham-Carter, J.

Dent, J. D.

Bourke, hon. R.

Dickinson, S. S.

Bowring, E. A.

Dodson, rt. hon. J. G.

Buller, Sir E. M.

Dowdeswell, W. E.

Campbell-Bannerman, H.

Duff, M. E. G.

Dundas, J. C.

Cardwell, rt. hon. E.

Egerton, hon. A. F.

761

Enfield, Viscount

Miller, J.

Ewing, A. Orr-

Monk, C. J.

Fawcett, H.

Monsell, rt. hon. W.

Figgins, J.

Mowbray, rt. hon. J. R.

Forster, rt. hon. W. E.

Newdegate, C. N.

Fowler, R. N.

North, Colonel

Garnier, J. C.

Pakington, rt. hn. Sir J.

Gladstone, rt. hn. W. E.

Peel, A. W.

Gordon, E. S.

Pemberton, E. L.

Gore, J. R. O.

Phipps, C. P.

Goschen, rt. hon. G. J.

Pim, J.

Gower, hon. E. F. L.

Playfair, L.

Grant. Col. hon. J.

Powell, F. S.

Gray, Colonel

Raikes, H. C.

Greville, hon. Captain

Rathbone, W.

Grey de Wilton, Visc.

Ridley, M. W.

Grieve, J. J.

Round, J.

Hamilton, Lord G.

Salt, T.

Hardy, rt. hon. G.

Samuelson, B.

Hardy, rt. hon. G.

Samuelson, B.

Hay, Sir J. C. D.

Samuelson, H. B.

Henley, rt. hon. J. W.

Sandon, Viscount

Henley, Lord

Scourfield, J. H.

Hermon, E.

Seely, C. (Nottingham)

Heygate, W. U.

Sherlock, D.

Hibbert, J. T.

Smith, W. H.

Holt, J. M.

Stanley, hon. F.

Hope, A. J. B. B.

Stansfeld, rt. hon. J.

Hughes, T.

Storks, rt. hn. Sir H. K.

Jessel, Sir G.

Stuart, hon. H. W. V.

Johnston, A.

Talbot, J. G.

Kavanagh, A. Mac M.

Tipping, W.

Knatchbull-Hugessen,

Tollemache, Maj. W. F.

right hon. E.

Torr, J.

Lacon, Sir E. H. K.

Turner, C.

Lancaster, J.

Verney, Sir H.

Leatham, E. A.

Wait, W. K.

Leeman, G.

Waterhouse, S.

Lowe, rt. hon. R.

Welby, W. E.

Lubbock, Sir J.

West, H. W.

Lyttelton, hon. C. G.

Wheelhouse, W. S. J.

Macfie, R. A.

Winn, R.

Mackintosh, E. W.

Young, rt. hon. G.

M'Lagan, P.

M'Laron, D.

TELLERS.

Manners, rt. hn. Lord J.

Adam, W. P.

Melly, G.

Glyn, hon. G. G.

NOES.

Anderson, G.

Muntz, P. H.

Baker, R. B. W.

Onslow, G.

Brewer, Dr.

Palmer, J. H.

Bright, J.(Manchester)

Potter, E.

Brown, A. H.

Potter, T. B.

Cowen, Sir J.

Price, W. E.

Cunliffe, Sir R. A.

Richard, H.

Dilke, Sir C. W.

Roden, W. S.

Edwards, H.

Sartoris, E. J.

Eykyn, R.

Simon, Mr. Serjeant

Fitzmaurice, Lord E.

Stapleton, J.

Goldsmid, Sir F.

Tollemache, hon. F. J.

Gourley, E. T.

Tracy, hon. C. R. D.

Herbert, hon. A. E. W.

Hanbury-

Hodgson, K. D.

Villiers, rt. hon. C. P.

Holland, S.

Wedderburn, Sir D.

Illingworth, A.

White, J.

Kensington, Lord

Whitwell, J.

Lawson, Sir W.

Willyams, E. W. B.

Lewis, J. D.

Wingfield, Sir C.

M'Arthur, W.

Young, A. W.

Miall, E.

Mitchell, T. A.

TELLERS.

Morley, S

Candlish, J.

Mundella, A. J

Dixon, G.

Main Question, "That Mr. Speaker do now leave the Chair," put, and agreed to.
Bill considered in Committee.
(In the Committee.)
Preliminary.
Clause 1 (Short title 33 & 34 Vict. c. 75) agreed to.
Clause 2 (Construction of Act) agreed to.
Expenses of Education.
Clause 3 (Repeal of and substitution of other provisions for 18 & 19 Vict. c. 34 (Denison's Act).
MR. CANDLISH,in rising to move an Amendment, the object of which was to repeal the 25th section of the Elementary Education Act of 1870, and so getting rid of the provision which enabled school boards to pay the fees of children in cases where the parents were unable to pay the fees themselves, said, that the right hon. Gentleman the Vice President of the Council was wrong in supposing that all those who supported the second reading of the Bill were favourable to the measure in its entirety. The fact was that they approved pretty well everything, except the particular clause now before the Committee, and that their objections were not without foundation was shown by the action of the right hon. Gentleman himself with regard to the question of compulsion. He (Mr. Candlish) maintained that the 25th clause had given rise to so many animosities and differences throughout the country that it would take a long time to put an end to them. He gathered from the silence of the Opposition on Friday evening that they were now favourable to the repeal of the clause. ["No"] It was true that contributions to taxation were formerly made out of Imperial taxation; but now they were asked to pay for secular and sectarian education out of local taxation. He hoped that by adopting his Amendment, and virtually abolishing the 25th clause, they would satisfy the strong growing feeling of the country on this point. The hon. Member for Brighton (Mr. Fawcett) had with great effect twitted the Nonconformists with paying taxes for the support of denominational schools, while they objected to pay rates. The Nonconformists were opposed to the payment of taxes as well as of rates for

763
such a purpose; but the distinction in the case of the rate was that it was imposed for the first time in the Education Act. The hon. Member concluded by moving the Amendment of which he had given Notice.
Amendment proposed,
In page 1, line 17, to leave out the word "is," in order to insert the words "and section twenty-five of the principal Act are."—(Mr. Candlish.)
Question proposed, "That the word 'is' stand part of the Clause."
MR. VERNON HARCOURTmoved to amend the hon. Member's (Mr. Candlish's) proposal by inserting words with the view of repealing the 17th as well as the 25th clause, for the reasons which he had stated when the Amendment of the hon. Member for Birmingham (Mr. Dixon)) was under consideration.
MR. F. S. POWELLdenied that the feeling of the country was in favour of the abolition of the 25th clause. On the contrary, parents throughout the country desired to have the free choice of the school to which their children should be sent. He believed it was a just and wise concession on the part of the Government to remove the elementary education of the working class from all contact with the pauper class. If they were to have compulsion, they should couple it with permission to school boards to pay the fees of poor children. He denied that the action of the 25th clause inflicted any wrong either upon the parents; or upon the conscience of the ratepayer, and as regarded the question of the pocket, he did not think that the ratepayers would grudge the £4,000 or £5,000 a-year that was spent under the clause in order to bring education to a class which it was difficult to reach.
DR. LYON PLAYFAIRsaid: In order not to interrupt the chances of this Bill, I gave way to my right hon. Friend the Vice President of the Council, although I was anxious to have spoken on the subject of time resolution of the League. I fear, however, that I may embarrass his position to some extent; because I, an old ally fighting under his flag, am now about to pass over to the enemy. As regards Clause 25, the House will permit me to explain my reasons for this change, because it has arisen by the Government having adopted for England what we have already done for Scotland. The State will, no doubt, be a great
764
gainer by this compulsory education of paupers, which the House, to its great honour, passed with such an overwhelming majority. After all, we are only applying that compulsory education to pauper children which the Act 27 Henry VIII., cap. 25, did to vagrant children; and the object of our doing so cannot be better described than in the words of that old Act—namely—"That they may not be driven by want or incapacity into dishonest courses." The significance of what you have done will soon be apparent; for it has already convinced many Members that the 25th clause is not only unnecessary, but will in future be injurious to the interests of education. I was a strong advocate for that clause; but if you pass this Bill, I join heartily in the desire for its repeal. Let us see how this has arisen. My hon. Friend the Member for Brighton (Mr. Fawcett) spoke with great force and truth when he pointed out how the 3rd clause of this Bill as it was introduced, had been weakened, because the Vice President of the Council had thrust aside logic and fact in its construction, and had hugged sentiment. You might remove a political disability by an Act of Parliament; but you could not alter a fact, when you inconsistently declared that aid from the rates in payment of school fees is not parochial relief. In the Scotch Education Act we call a spade a spade, and do not tell the parent when he begs school fees from the ratepayers' pocket that he is not acting as a pauper. He is acting as a pauper, and should be told so. The only justification for compulsory education is that a parent has no more right to starve the mind of his child than he has to starve its body. If he fail by design or by misfortune to fulfil his parental duty, and asks the ratepayer to do it for him, he is essentially a pauper. I have very strong doubts whether any parent, not actually a pauper, was ever deterred from sending children to school by the mere inability to pay the school-pence. I do not believe in twopenny non-paupers. All schools are most liberal in their dealing with cases of real distress, for school managers reduce the payment in such cases to a nominal amount. It is not the ld. or 2d. per week that prevents the child from being sent to school, but it is the loss of the 18 d. per week which the child is winning for the parent by its labour

765
or by begging in the streets. This major difficulty is clearly a subject for the Poor Law Guardians. The minor difficulty of providing school-pence to really necessitous parents who are not paupers is so insignificant in its proportions that it may well be left to private philanthropy. Even with the 25th clause in operation, it is only a question of some £5,000 annually for the whole country, or about 10 s. for each inspected school. But even this small sum has chiefly been applied to pauper children, who will now be paid for by Guardians. Thus in Rochdale out of 58 children paid for under the 25th clause, 49, or 84 per cent were of the pauper class. Surely Rochdale could not have found it difficult to pay 2d. per week for these nine children, without invoking an Act of Parliament. If we take an example of a town, which already applies Denison's Act for pauper children, the operation of the 25th clause for non-paupers will be clearly shown. Leeds offers a good illustration. The fees now paid by the school board of that town amount to about £8 per quarter. In this huge metropolis, the amount paid last quarter was under £20. Surely those figures reduce the whole case for the clause to an absurdity. A more rigid administration still would lessen those figures to vanishing proportions. The Committee will recollect that there was a Select Committee of the House in 1861, called the "Destitution Education Committee." It was presided over by my right hon. Friend the Member for Devonshire (Sir Stafford North-cote) and contained among its Members Sir James Graham and the Chancellor of the Exchequer. That Committee found in ragged schools only two classes of children—real paupers who could not pay, and non-paupers who could pay at ordinary schools but went to ragged schools to shirk the fees. That Committee would support my statement that the twopenny non-pauper is a creation of the 25th clause, and does not exist in fact. These twopenny non-paupers, however, swarm in towns where the clause is loosely administered. I could name four towns, which, with uncalculating philanthropy, have thrown 10,000 children on public charity—for that it is, however you may cloak it under words of an Act of Parliament. This caprice in working the 25th clause has been its deathblow, for it has given to it a strong
766
pauperising character. And when you find large towns and by far the largest number of school boards working without the 25th clause, and when by this Bill we provide for pauper children, I no longer can defend that clause, and shall vote for its abolition. For both sides of the House this would be a benefit. I know that many of my hon. Friends opposite desire to abolish the clause; but they will not help us to do so at the present moment, because they think it a nice bone of contention for the Liberal party. Yet it is a bone which in the hands of a Samson may be used to smite the Philistines. The clause is likely to prove infinitely more injurious to the National Church while it lasts than it is likely to prove beneficial to the Conservative party, by continuous dissension among their opponents.
MR. W. E. FORSTERfelt it rather difficult to see as a matter of Order how this discussion should be taken. The question which the Committee had to decide was, whether the word "is" was to remain or be struck out of the clause. The hon. Member for Sunderland (Mr. Candlish) would strike out that word and repeal the 25th clause; and if the proposal of the hon. and learned Member for Oxford (Mr. Harcourt) were adopted it would repeal the 17th clause. Then came the proposal of the hon. and learned Member for Boston (Mr. Collins) to repeal the. 26th clause. Now, he thought it would have been more convenient to raise those questions by omissions in the Schedule. The first question was as to the omission of part of Clause 17. He believed compulsion would be impossible if they said to an indigent as distinguished from a pauper parent—"You shall either be punished if you do not send your child to school, or you shall be made a pauper." If indigent parents were to be treated in that way the result would be that we should excite a very strong feeling throughout the country, and school boards would refuse to carry out compulsion. He did not dispute the logic of the hon. Member for the University of Edinburgh (Dr. Lyon Playfair) or of the hon. Member for Brighton (Mr. Fawcett); but he must remind those Gentlemen that Parliament did not undertake to conduct its legislation on strict principles of logic. His hon. Friend (Dr. Lyon Playfair) would rely upon private generosity. Well, pri-

767
vate generosity might come to the rescue; but in passing an Act of Parliament they could not put on the face of the Act that they had this reliance. His hon. Friend said that if the parent obtained this education relief he ought to be considered a pauper. But that argument might be pushed too far. It should not be forgotten that the whole system of State education was based upon assistance given to classes whose children were sent to school, and what right had they to draw a very strict line between the parent who got 4d. out of the 6d. spent on education and another parent who got the entire 6d. That was his reason for objecting to the repeal of the 25th section and of the chief part of the 17th. But he had a further one, relative to the position of the school board managers. If they gave the school boards that hard job, they must leave them some power and some discretion. His hon. Friend said he would leave them the discretion, but take from them the power of paying fees. He could not coincide in the expediency of that view, and upon those grounds he should vote against the proposition; but the chief consideration in his opinion was, what could they place in lieu of Section 17, even if the 25th clause were not in question?
MR. W. H. SMITHsaid, the hon. Member for Sunderland (Mr. Candlish) had taunted Gentlemen on that (the Opposition) side with having changed their opinions on this subject. But the fact was they always maintained the absolute right of the parent to choose the school to which he should send his child. It was true that many of them were not in favour of direct compulsion; but his right hon. Friend (Mr. Forster) had shown such a thorough acquaintance with the subject, and such an earnest desire to pay attention to the claims of all, that they gave way, and most cordially desired that the right hon. Gentleman's experiment should have a full, fair, and complete trial. With respect to the 25th and 17th clauses, there were many practical difficulties connected with the question involved. There was one standard of poverty in Leeds, another in Manchester, another in Liverpool, and so on. Looking at education as a necessary of life, he was inclined to maintain that the assumption by the State of the duty of providing education for all the children was one which lessened the
768
value of education in the eyes of the parent. It was primarily the duty of a parent to find education for his child, and if he could not do so, but had assistance from the State, he ought to be placed in the same position as if he came to the State for food for a starving child, for medicine for a sick child, or for relief for his wife when she was in want of it. From Leeds it was reported that the people on whose behalf school fees had been remitted were substantially of the pauper class. In Manchester an alarming condition of things had been brought about, and the board had to re-issue orders without troubling the parents to apply for them. It was believed that the board was cheated by parents who were able to pay school fees; but it was held that this was better than having the children neglected. This was a question of serious importance, because it involved the degradation of large numbers who were able to pay school fees, and who would pay them if assistance were not so readily afforded them. It was on those grounds he supported in principle the Amendment of the hon. and learned Member for Oxford (Mr. Harcourt); but, if the 17th clause of the Act were abandoned, the 25th clause must be abandoned too, and all the clauses which gave power to boards to establish free schools. Now, that we had provided for the education of pauper children by making it the duty of Boards of Guardians to see that they were educated, he believed, if education was to be sufficiently valued, that there must be no free education except for those who were in receipt of pauper relief. The time had not come to deal properly and usefully with this part of the question, and if it had it was too late in the Session now; but the truth was the country was not aware of the importance of the question, and it would have to be considered by the country before it could be settled by the House. The time would come when it would be admitted that, except for paupers, free schooling was not beneficial to the cause of education.
MR. B. SAMUELSONsaid, he had hitherto resisted the repeal of the 25th clause, but he should now vote for that repeal for three reasons. First, the extension of Denison's Act very much diminished the necessity for it; second, the heart burnings that would attend its

769
continued operation would exceed any advantages to be derived from it; third, it was possible to provide a substitute by requiring elementary schools to take, say, 5 per cent of free children; and he did not say 10 per cent, because he believed 1 per cent would meet the necessities of the case. It was not right when we were imposing new duties upon parents, that we should attach to their performance the risk of incurring the stigma of pauperism. We were inaugurating a new state of things; we were in a transition state, and it was our duty to have regard, not only to the consciences, but also to the prejudices of parents. He should support the Amendment of the hon. Member for Sunderland (Mr. Candlish).
MR. GATHORNE HARDYdesired to direct attention to the singular turn of the debate and the position in which the House was placed. The representatives of the Birmingham League complained that the consciences of Nonconformists were violated by having to pay fees out of rates for children attending denominational schools, and yet there was no Amendment on the Paper to that part of the original Act which enabled Guardians to require the attendance of children at schools selected by the parents. The right of selection remained for paupers; but it was to be taken away from the indigent. The Amendment was supported by some on conscientious grounds, and by others, who did not care for conscience, on economical grounds. The conscientious ground seemed a strange one, when for years we had been making payment out of State funds to assist education, and when for a part of the time we had insisted that religious instruction must be given in the school receiving assistance. The hon. Member for Birmingham (Mr. Dixon) stated the other evening that this was only the beginning of the agitation, and that those who acted with him would oppose any grant whatever, whether out of taxes or rates, in support of denominational schools; but then, why should the Committee take a step which implied that the parent was not to select his child's school? School boards had power to lay down a scheme of religious teaching, and in many cases had done so. There were people who thought that a great deal too much, while others had thought it a great deal
770
too little; and just as much respect ought to be paid to the consciences of both those classes of objectors as to the conscience of the ratepayer. For his own part, he believed that the ratepayer did not really entertain the objection attributed to him, but that the idea was put into his head by other persons. On the question of conscience he was unable to see any valid argument which did not equally apply to all grants made for educational purposes, whether they were raised by rates or taxes. His own conscience would not be wounded by being compelled to contribute to the support of schools in Scotland, even though Presbyterianism were taught in them, for he should pay in his capacity as a subject of the State. The hon. Member for Banbury (Mr. Samuelson) could not at all appreciate the economic question. As for free admission, it tended to cause irregular attendance of the children because the parents thought that what cost them nothing must be of no great importance. [Mr. B. SAMUELSON said, he assumed compulsion.] The hon. Member really proposed to inflict compulsion not on the parents of the children, but on the managers of the voluntary schools. He would compel them to educate gratuitously certain children, with regard to whom they were under not moral, State, or parental obligation. It should be borne in mind that the school fees did not pay for the whole of the education which the children received. Where, he would ask, did the moral obligation of a parent to educate his children end, and where did the immoral obligation of the Guardians begin? Was be under a moral obligation to pay half or a quarter of the fee? [Mr. VERNON HARCOURT: To pay something.] but supposing he could not, was it not plain that he was in precisely the same position with respect to the Guardians as if he could not provide sufficient food or clothing? Could it be contended that he had fulfilled his moral obligation by paying a penny? and, he asked, how could they make attendance compulsory, if they compelled the parent to pay? It was impossible to reason the matter out logically. In country districts he did not believe the section now under consideration would come materially into operation at all; but the case would be different in crowded towns with shifting populations. There a large number

771
of the children were like eels—they either could not be got hold of, or else they soon slipped away. It was a difficulty with respect to a portion of the population that especially required to be paid for. Was it the object of that House to educate the children, or to establish so strict a rule that the parents should never be able to evade the payment? No doubt, if these parents could be made to pay it would be a very good thing; but the experiment had been tried in the reformatories, and how many parents had been got to pay in those cases? It was necessary to give religious instruction, as the only means of reforming those who had fallen into confirmed crime; and those reformatories were almost in every case carried on by religious denominations, while the public had to pay the money for almost all the children. He did hope and trust that hon. Members who had a sincere desire for religious education would put aside sectarian prejudices in regard to this and the 25th clause, and that they would unite in seeing that these children received some religious instruction, which was the only true basis of education.
MR. GLADSTONE: I wish to say a few words in regard to the Division, in consequence of the form of the Question now about to be put. I wish the Committee clearly to understand the construction which we shall put upon that Motion, and the course that we shall take if that Motion should be carried. There is one observation I may make with satisfaction, and that is—that we have not three courses, but four. There are the opponents of the 25th clause; there are the opponents of the 17th clause; there are those who are opponents of both clauses; and there are those who are the opponents of neither of the clauses. The Question to be put will not allow us directly to distinguish ourselves under our various banners, nor to make any progress towards it, so far as that Question is concerned. The Question to be put is, that "The word 'is' stand part of the Clause." The course we shall adopt in regard to that apparently colourless Motion has been well stated by my right hon. Friend. We shall vote that "is" stand part of the Motion. In that manner we intend to show that it is our wish that both clauses should be maintained. It is our desire to retain
772
both these clauses; but it is possible that the opponents of both—whom I believe to be few—might be largely re-inforced by the opponents of one, so that in one division it might turn out that the opponents of both clauses might have a majority, although the opponents of both clauses might not object to that. After the division the three sections would find themselves in a state of hopeless confusion in the event of our being defeated. In that division we shall vote against both these Amendments. We do not think that one ought to be adopted without the other. I have said all that I have to say on this point, and I hope the attitude of the Government is perfectly intelligible. I shall now venture to make a few remarks on the case itself. With respect to the able speech of my hon. Friend the Member for the University of Edinburgh (Dr. Lyon Playfair), he stated that he believed it doubtful whether a person in Scotland—speaking of the tenor of the Scotch Act, which as it was the latest precedent, he took it—he considers it doubtful whether a person receiving the education for his child, and not receiving assistance in any other direction from any person whatever, was thereby constituted a pauper. It appears to me, if any one will take the trouble to read the 69th clause of the Scotch Education Act, he will see that there is no ground for doubt whatever. It is a provision for this description of grant, and entirely apart from the question of pauper relief, and there is no word in the section which can be held to bear upon the question of pauper or no pauper. The other observation I wish to make is this—if we repeal the 25th clause, we shall place the child of the indigent man—whose case was so fully stated by the right hon. Gentleman who has just sat down—in a worse position than the child of the pauper. Because the child of the indigent man will be subject to compulsion which is absolute; whereas the child of the pauper will be subjected to compulsion limited by the declaration which is contained in that 3rd clause. In that clause there is a distinct reservation in favour of the pauper parent, and in the case of the indigent parent there is no reservation. If, in the division which is about to take place, this state of affairs is brought up, a result will be gained that the House does not contemplate, and

773
with which, I believe, it would be extremely ill-satisfied.
MR. BIRLEYsaid, that complaints having been made of the lax scale on which the Manchester and Salford School Board had given school relief, he wished to remind the House that this relief was not given merely to the indigent poor, but to paupers. It was given, moreover, with the general approval of the members of the school board, whatever might be their party politics. Lastly, he wished to remind the House that the board had been very successful in carrying out the work intrusted to it, and in a manner satisfactory to the ratepayers. With respect to the amount of school relief given by the board, it did not exceed 10 per cent of the fees paid by the other children attending the elementary schools, and the amount was not increasing.
MR. B. SAMUELSON,with reference to the statement of the Prime Minister that the repeal of the 25th clause would place the indigent parent in a worse position than the pauper, wished to remark that such would not be the case if his Amendment were adopted.
SIR DOMINIC CORRIGAN: Mr. Speaker—Sir, I rise to enter my protest very strongly against the doctrine laid down by the hon. and learned Gentleman the Member for Edinburgh University (Dr. Lyon Playfair), and also by the hon. and learned Member for Oxford (Mr. Harcourt), that all society is to be considered as divisible solely into two classes—namely, "paupers" and "non-paupers;" and I am sorry to hear from the hon. Member for Edinburgh University that this is the Scotch law. If it be so, all I will say is, that the sooner it is amended the better. I cannot assent to such a proposition. I think there are three classes in society—namely, the "paupers," the "poor," or distressed industrious, and the "rich," or the ratepayers; and that of the two first classes, the second, or "distressed industrious," is the most deserving of relief, as far as it can be granted without abuse. Some hon. Members of this House, Sir, who have spoken before me, contend that the State should not give any educational aid, except to "paupers"—that all who receive educational aid must accept it as any other "pauper," and having received it must lose their social status, and be subject to all the degradations and dis-
774
qualifications that attach to paupers in the legal sense. I cannot subscribe to such a doctrine, and I can adduce some facts to prove, I hope, to this House that a class of persons who are not "paupers," who are not wealthy, may nevertheless most justly be recognized as fitting to receive aid from public rates, and should not therefore be degraded as paupers. The phrase "poor persons," as distinguished from "paupers," occurs in the Irish Medical Poor Law Act of 1851. In the words of that Act, all "poor persons" are entitled to obtain hospital relief in workhouse hospitals, and in their own homes from dispensaries, when suffering under injury or sickness, and to be vaccinated at the public expense, but are not declared paupers in legal phraseology. They are not subject to any of the disqualifications attached to pauperism, such as being declared ineligible to sit on juries, incompetent to vote at Parliamentary and municipal elections, &c. This system has worked well in Ireland for 21 years to the entire satisfaction of all classes in Ireland. I think it applies in precedent form to the question now before us. It has worked well as to medical relief, and I do not see why it should not work well as to educational relief—namely, that the "poor persons"—that is, the industrious class—should get aid in education as in sickness, and in neither case be degraded into pauperism. If this hard-and-fast line, this rigid principle were to be laid down, that anyone availing himself in any instance or under any circumstances whatever, of parochial or public rates, were, by such act, to be forthwith declared a pauper, with all its disqualifications, I fear that even some hon. Members of this House would not escape "scot free," for in the late epidemic visitation of the small-pox plague some hon. Members of this House, under the very natural terror of .it, had themselves vaccinated at the nearest public vaccine station. Will any one here venture to say that by such act they legally constituted themselves paupers? and yet to this it must come if the principle attempted to be laid down here were to be carried out—namely, that any assistance from a public or poor rate in any and every instance forthwith, constituted the recipient a pauper. It may be said the instance I have adduced is far fetched; but the proper and only way to test a principle

775
is by testing it by an extreme case, and the instance I have adduced I think incontestibly shows that the theory attempted to be defended here is untenable. I now come to another objection to the line taken by the hon. Member for Sunderland and the hon. Member for Birmingham, who would repeal the 25th clause of the Education Act, and would not permit the poor parent to send his children to a denominational school if he received any aid from the State. If those hon. Members were consistent they should bring in a Bill to declare that no rich parents should be permitted to send their children to denominational schools; but they have never attempted and never will attempt that. They allow, for they cannot prevent it, the rich man to educate his child in a denominational school where the child is taught religion and learning together, but if, through reverse of fortune, he becomes poor, they say to him—"We have you down now; as long as you were rich we could not interfere with you; but you are now poor, and we will bring the pressure of poverty to bear on you, and force you to send your children to our secular schools, where they shall get no religious training." This, and such as this, is the principle and action of the Nonconformists, and would be class legislation of the worst kind.
MR. CORRANCEsaid, they were about to divide on the Question of whether the word "is" was to be included in the Bill; and he wished to know whether, if the word "is" was held to be part of the Bill, it would preclude the hon. Member for Sunderland (Mr. Candlish), or the hon. and learned Member for the city of Oxford (Mr. Harcourt), from proceeding with their Amendments?
THE CHAIRMANsaid, it was proposed to omit the word "is" in order to insert the Amendment of the hon. Member for Sunderland. Therefore the question of the maintenance of the word "is" would first be put, and if the Committee should decide to omit it, then the hon. and learned Member for Oxford would move an Amendment upon the Amendment of the hon. Member for Sunderland, and in case that was carried the Question for the omission of Clause 17 would be put before the Question for the omission of Clause 25.
VISCOUNT MAHONsaid, be could not give his support to the Amendment of the hon. Member for Sunderland.
MR. W. FOWLERsaid, it had been stated on behalf of the Government that if they were defeated on the word "is," both clauses would be struck out of the Bill.
MR. GLADSTONEsaid, that if one clause was expunged the other would be expunged also.
Question put.
The Committee divided:—Ayes 200; Noes 98: Majority 102.

AYES.

Adderley, rt. hn. Sir C.

Dowdeswell, W. E.

Akroyd, E.

Duff, M. E. G.

Amcotts, Col. W. C.

Dundas, J. C.

Amphlett, R. P.

Du Pre, C. G.

Anstruther, Sir R.

Dyke, W. H.

Arbuthnot, Major G.

Dyott, Col. R.

Arkwright, R.

Edwards, H.

Ayrton, rt. hon. A. S.

Egerton, hon. A. F.

Barclay, A. C.

Elliot, G.

Barttelot, Colonel

Enfield, Viscount

Bass, M. T.

Erskine, Admiral J. E.

Bates, E.

Ewing, A. Orr-

Baxter, rt. hon. W. E.

Feilden, H. M.

Beach, W. W. B.

Fellowes, E.

Bentinck, G. C.

Figgins, J.

Benyon, R.

Finch, G. H.

Biddulph, M.

Fitzwilliam, hon. C. W. W.

Birley, H.

Blennerhassett, Sir R.

Fletcher, I.

Bolckow, H. W. F.

Forester, rt. hon. Gen.

Bowring, E. A.

Forster, rt. hon. W. E.

Brassey, T.

Foster, W. H.

Bright, R.

Fortescue, rt. hon. C. P.

Bruce, Lord C.

Fortescue, hon. D. F.

Bruce, rt. hon. H. A.

Fowler, R. N.

Buxton, Sir R. J.

Garnier, J. C.

Cameron, D.

Gilpin, Colonel

Campbell-Bannerman, H.

Gladstone, rt. hon. W. E.

Goldney, G.

Cardwell, rt. hon. E.

Gordon, E. S.

Cartwright, W. C.

Gore, J. R. O.

Cavendish, Lord F. C.

Gore, W. R. O.

Cavendish, Lord G.

Goschen, rt. hon. G. J.

Charley, W. T.

Grant, Colonel hon. J.

Clive, Col. hon. G. W.

Gray, Colonel

Cobbett, J. M.

Gray, Sir J.

Cogan, rt. hon. W. H. F.

Gregory, G. B.

Colebrooke, Sir T. E.

Greville, hon. Captain

Coleridge, Sir J. D.

Greville-Nugent, hon. G. F.

Collins, T.

Corrigan, Sir D.

Grey, rt. hon. Sir G.

Cowper-Temple, right

Grey de Wilton, Visc.

hon. W.

Grieve, J. J.

Crawford, R. W.

Grosvenor, Lord R.

Cross, R. A.

Guest, A. E.

Cubitt, G.

Guest, M. J.

Damer, Capt. Dawson-

Hamilton, Lord G.

Davie, Sir H. R. F.

Hardy, rt. hon. G.

Delahunty, J.

Hartington, Marg. Of

Denison, C. B.

Hay, Sir J. C. D.

Dimsdale, R.

Henley, rt. hon. J. W.

Disraeli, rt. hon. B.

Henley, Lord

777

Hermon, E.

O'Conor, D. M.

Heygate, Sir F. W.

Ogilvy, Sir J.

Heygate, W. U.

Patten, rt. hon. Col. W.

Hick, J.

Peek, H. W.

Hidyard, T. B. T.

Peel, A. W.

Hogg, J. M.

Phipps, C. P.

Holmesdale, Viscount

Pim, J.

Holt, J. M.

Plunket, hon. D. R.

Hope, A. J. B. B.

Portman, hon. W. H. B.

Hoskyns, C. Wren-

Powell, F. S.

Hughes, W. B.

Rathbone, W.

Hurst, R. H.

Ridley, M. W.

Hutton, J.

Round, .J.

Jenkinson, Sir G. S.

Russell, Lord A.

Jessel, Sir G.

Sackville, S. G. S.

Johnstone, Sir H.

Salt, T.

Kavanagh, A. MacM.

Sandon, Viscount

Kennaway, Sir J. H.

Scott, Lord H. J. M. D.

Kingscote, Colonel

Scourfield, J. H.

Knatchbull-Hugessen,

Seely, C. (Nottingham)

right hon. E.

Sherlock, D.

Knightley, Sir R.

Simonds, W. B.

Lacon, Sir E. H. K.

Sinclair, Sir J. G. T.

Laird, J.

Smith, S. G.

Lancaster, J.

Stacpoole, W.

Langton, W. G.

Stanley, hon. F.

Learmonth, A.

Stansfeld, rt. hon. J.

Lefevre, G. J. S.

Stone, W. H.

Lennox, Lord G. G.

Storks, rt. hon. Sir H. K.

Lennox, Lord H. G.

Strutt, hon. H.

Liddell, hon. H. G.

Stuart, hon. H. W. V.

Lindsay, hon. Col. C.

Sykes, C.

Lowe, rt. hon. R.

Talbot, C. R. M.

Lowther, J.

Talbot, J. G.

Lowther, hon. W.

Taylor, rt. hon. Col.

Lyttelton, hon. C. G.

Tipping, W.

Macfie, R. A.

Tollemache, Maj. W. F.

Mackintosh, E. W.

Torr, J.

M'Lagan, P.

Turner, C.

Mahon, Viscount

Verney, Sir H.

Matheson, A.

Wait, W. K.

Miller, W.

Waterhouse, S.

Milles, hon. G. W.

Welby, W. E.

Mills, Sir C. H.

Wells, E.

Monckton, hon. G.

Wheelhouse, W. S. J.

Monk, C. J.

Whitbread, S.

Monsell, rt. hon. W.

Winn, R.

Morgan, hon. Major

Young, rt. hon. G.

Mowbray, rt. hon. J. R.

Munster, W. F.

TELLERS.

Nicholson, W.

Adam, W. P.

North, Colonel

Glyn, hon. G. G

O'Brien, Sir

NOES.

Anderson, G.

Davies, R.

Aytoun, R. S.

Dent, J. D.

Baines, E.

Dickinson, S. S.

Baker, R. B. W.

Dillwyn, L. L.

Beaumont, H. F.

Dixon, G.

Beaumont, Major F.

Eykyn, R.

Bentall, E. H.

Fawcett, H.

Brewer, Dr.

Finnie, W.

Brinckman, Captain

Fitzmaurice, Lord E.

Brogden, A.

Fothergill, R.

Brown, A. H.

Fowler, W.

Carter, R. M.

Gilpin, C.

Chadwick, D.

Goldsmid, Sir F.

Cowen, Sir J.

Goldsmid, J.

Cowper, hon. H. F.

Gourley, E. T.

Cunliffc, Sir R. A.

Graham, W.

Dalrymple, D.

Harcourt, W. G. G. V. V.

778

Henderson, J.

Norwood, C. M.

Herbert, hon. A. E. W.

Onslow, G.

Hodgson, K. D.

Otway, A. J.

Holland, S.

Palmer, J. H.

Holms, J.

Philips, R. N.

Illingworth, A.

Playfair, L.

James, H.

Potter, E.

Johnston, A.

Price, W. E.

Kensington, Lord

Reed, C.

Kinnaird, hon. A. F.

Roden, W. S.

Lawrence, Sir J. C.

St. Aubyn, Sir J.

Lawrence, W.

Samuelson, B.

Lawson, Sir W.

Samuelson, H. B.

Lea, T.

Sartoris, E. J.

Leatham, E. A.

Sheridan, H. B.

Leeman, G.

Sherriff, A. C.

Leith, J. F.

Simon, Mr. Serjeant

Lewis, J. D.

Stapleton, J.

Locke, J.

Stuart, Colonel

Lubbock, Sir J.

Trevelyan, G. O.

Lusk, A.

Villiers, rt. hon. C. P.

M'Arthur, W.

Wedderburn, Sir D.

M'Clure, T.

Weguelin, T. M.

M'Laren, D.

West, H. W.

Martin, P. W.

White, J.

Melly, G.

Whitwell, J.

Miall, E.

Williams, W.

Milbank, F. A.

Willyams, E. W. B.

Miller, J.

Wingfield, Sir C.

Mitchell, T. A.

Young, A. W.

Morgon, G. O.

Morley, S.

TELLERS.

Morrison, W.

Candlish, J.

Mundella, A. J.

Richard, H.

Bill read the third time, and passed.

Mr. J. LOWTHERgave Notice that at the proper time he should propose an Amendment to repeal the compulsory education section of the Act of 1870.
Mr. WELBYmoved in page 1, line 20, after "given," to insert, "by the Guardians by way of weekly or other continuing allowance." As the Bill stood, the giving of out-door relief was coupled with the condition that the child or children of the recipient should be sent to school. There were, however, cases of a temporary character—such as casual medical relief, allowances for funeral expenses, or relief where the head of the family had met with an accident, or was obliged to give up work owing to illness—in which it would work injustice if the parent was obliged for a week or fortnight to take his son from employment in which he might be earning 10 s. or 12 s. a-week, with the chance at the end of that short time of permanently losing his situation. The Amendment would exempt such cases only from the operation of the Act, and would render it more workable and acceptable throughout the country.
MR. CORRANCEsupported the Amendment. The Amendment would remove the absurdity of making the re-

779
lief of a casual pauper dependent upon the education of his child. A certificate from the school ought to be required, and he had given Notice of an Amendment to that effect; but, rather than impede the progress of the Bill, he would accept this Amendment.
MR. W. E. FORSTERsaid, he was glad the hon. Member would not press his own Amendment, which would go further than he intended. He (Mr. Forster) had consulted the Poor Law authorities with regard to the proposed words, and they were of opinion that they might be safely introduced into the clause. He agreed that where the parish simply paid funeral expenses, or gave similar relief of that temporary character, that should not necessitate the attendance of the children at school; but whore week after week relief was given to the parents, then the children ought to be sent to school. He suggested that it would be well to introduce after "guardians" the words ''on their order."
COLONEL BARTTELOTsaid, Guardians would be placed in a difficulty in discriminating as to when children were to be sent to school and when they were not.
MR. W. E. FORSTERsaid, he could not see the opening for difficulty, seeing that the clause gave power to Guardians only while parents were in receipt of out-door relief.
MR. B. SAMUELSONsaid, he thought this was a complete illustration of the evils of sporadic compulsion; the moment relief ceased, the whole thing dropped to the ground.
MR. W. E. FORSTERsaid, the clause applied to out-door paupers, and inasmuch as it applied to them, it could not apply to others.
Amendment, as amended, agreed to.
MR. REEDobserved that a very powerful argument had been offered to the Committee that day in favour of infant education. He quite concurred with the right hon. Gentleman opposite (Mr. G. Hardy) as to the value of early training in schools, and the object of the Amendment of which he had given Notice was to secure the attendance of children under five years of age. There was no power to enforce the attendance of children at that early age; but there was this important fact—that at the present time in the metropolis there
780
were 70,440 children between three and five years of age at school. No stronger proof could be offered of the willingness of the parents on the one hand, and the readiness of the children on the other, to attend school even at that early age. The amount of instruction given might not be very great; but the amount of interest shown by the children in the infant-school training was very considerable. There were 139,000 children between the ages he had mentioned in the metropolis, 70,000 of whom attended school, leaving 69,000 who did not. He saw no reason why, when they were removing the obstacles to the education of the children of out-door paupers, they should omit all provision with reference to children between three and five years of age. He would remind the Committee that directly the school board required the attendance of the elder girl of a family she immediately brought the small child, and it was desirable, therefore, that school boards should have power to bring those children into their schools. In London particularly, where the schools were at present practically closed against them, it was most important that they should get these younger children in. He moved, in line 21, to leave out "five" and insert "three."
MR. COLLINSopposed the Amendment, on the ground that five years was the age stated in the original Act.
MR. W. E. FORSTERadmitted that a great deal might be said in support of the proposal of his hon. Friend. It was at first sight very tempting; but he confessed he was afraid that, taking the country throughout, they should be overworking the thing if they attempted to put the Amendment in force. His hon. Friend said that the children liked these schools, and he (Mr. Forster) did not doubt that if the elder children attended school, a great number of the younger children would go with them without making this special provision. It would be much better to leave this matter to voluntary exertions, and not attempt to make it compulsory.
MR. J. LOWTHERsaid, he did not think that the Government approached this important question in a proper spirit. The object of the Amendment seemed to him to be to provide nursery accommodation throughout the country.
MR. REEDsaid, that after the statement of the right hon. Gentleman he

781
would not press his Amendment; but when he said the elder children would bring the little ones, he (Mr. Reed) wanted to know who was to pay for them.
Amendment by leave, withdrawn.
MR. B. SAMUELSONproposed to add to the clause—
"If it shall appear to a School Board that the parent of any child, such parent not being in receipt of parochial relief, is unable to pay the school fees of such child, the School Board shall have power to direct that such child shall be received free of charge, or at a reduced charge, in any Public Elementary School within the school district chosen by the parent, and the managers of such school shall be obliged to receive the same under penalty of forfeiture of its Parliamentary Grant: Provided, That no Public Elementary School, not being a School Board School, shall be called upon to receive free of charge, or at a reduced charge, any number of such children exceeding one-twentieth of the number in average attendance during the preceding school year."
Notwithstanding the retention of the 25th section, he believed this would be a useful provision.
Question proposed, "That those words be there added."
Mr. MELLYobjected to the Amendment, because it would impose an additional burden upon the school managers, who would have to collect a larger sum of money than was now required. Besides, the tax would fall for the most part upon one denomination—namely, the Roman Catholics, who educated so many poor children.
MR. W. E. FORSTERalso thought voluntary school managers would have a right to complain of the obligation, and feared it would bring them into collision with school boards. They might be reluctant to admit waifs and strays, whose presence might involve the loss of many children of respectable artizans, through the dislike of such artizans to have their children associate with the class in question. Were it left, however, to their free action, managers might probably arrange for the admission of these children. The proposal, moreover, in country districts, with a poor labouring population, would sap the principle of payment. It would be more straightforward to refuse assistance to voluntary schools than to require their assistance in this way.
MR. SCOURFIELDobjected to so in-
782
tricate an Amendment being proposed without having been printed.
Mr. DIXONsaid, thought the opponents of the Amendment violated the principle so much insisted upon, that parents should have the right of selecting schools. A school might be a good school, of a parent's denomination, and near his home, and yet the managers were to refuse pauper and indigent children, because they did not like them. Surely we had a right to insist on public elementary schools receiving their grant on conditions which would not allow them to refuse children if there was room for them.
MR. W. E. FORSTERsaid, it was a condition that public elementary schools should not refuse children except on reasonable grounds; but it was another thing to enable boards to force schools to accept children; it would be an interference which would make management impossible.
MR. REEDsaid, that there were 53,000 vacant places in the London schools, and he thought they ought to be utilized by adopting this Amendment. He had brought forward the subject last year; but was answered that the managers of schools did not like to receive these poor children. He only wished that his hon. Friend had got his Amendment printed, as he was sure it would have had great weight with the House. In the city of Sydney each public elementary school was compelled to receive 25 poor children, and no one knew which was the poor child and which the paying pupil. In this country many managers were already taking in poor children and teaching them with other scholars. He trusted that in some form or another means would be found for utilizing the 53,000 vacant places in the metropolis.
MR. WYKEHAM MARTINsaid, he did not think the presence of the children of the indigent poor would tend to drive out paying children. His experience as a manager showed that where the master was competent, well-to-do farmers would gladly send their children at five times the ordinary fee to the same school at which the poorest class were taught. He believed that if the Amendment were carried out it would result in great benefit to the nation.
MR. BAINESsupported the Amendment. He said, that as the case of

783
Leeds had been frequently referred to, he wished to place at the disposal of the Committee some facts which illustrated the working of the existing Act for the education of the children of out-door paupers. The Guardians of Leeds had always worked Denison's Act with great effect, and there were at the present time in Leeds no less than 685 children who had been sent by them to the public elementary schools of that town. By some it was asserted that the managers of these schools would not be very willing to receive children of this class; but he could state that eight or ten of the very best schools in the town of Leeds had been for years receiving children of this class without one word of objection. In support of the plan proposed by his hon. Friend (Mr. Samuelson) he would say that it would be advantageous to all parties. It was not only a public benefit that these children should be received in these schools; but it was also a positive pecuniary advantage to the schools themselves, for they received for every child that came into the schools the Parliamentary grant. The value of that he believed to be 15 s. a-yeas for each child, although some said that it was not more than 12 s.; but, taking the lowest amount, it was infinitely better for the schools to take these children, if they had places vacant, on account of the public payment made for them. It was quite obvious that no one could put these children into schools where there were no vacant places. Now, what was the number of the children who, in a town like Leeds, were likely to apply for assistance as indigent children? The number of pauper children in the schools was 685; but the number of indigent children for whom the school board had paid the fees during the course of the past year was only 44, which at 10 s. per annum each (the actual payment), made an aggregate of only £22 in the year. The proposal of the hon. Member (Mr. Samuelson) would solve one of the greatest difficulties that they had at present to contend with, for it was quite notorious that this was one of the questions that had kept the country in hot water and strife for years past, and it was most desirable that it should now be satisfactorily settled. He was quite sure that those gentlemen who managed the schools of the Church of England would, if they could get the children and had
784
room for them, be willing to forego the fees. He had often himself in that House expressed his gratitude to the clergy and school managers of the Church of England, and would not willingly do anything in the nature of injustice towards them; but he would call upon them as a matter of justice, of public spirit, and of patriotism, to receive with satisfaction a proposal of this kind, which would save the public money, allay public strife, and cause a great number of children to be provided for at the least possible expense to anyone.
MR. W. E. FORSTERsaid, the proposition really was, that they should get rid of the difficulty of the education of those indigent school children by forcing voluntary school managers to take them without payment. True, they would receive the capitation grant; but the education of these children would cost at least 26 s., and the sum paid by the Government averaged only 12 s. It would not be fair to try and shift this duty, which really belonged to the ratepayers, upon individuals; and an additional difficulty would arise when the school boards had to decide what children had to be admitted free, and which schools should take them. There would be this anomaly—that while schools would receive 12½d. per week for a pauper child they would get nothing for indigent children. His objection to the Amendment was, that it would give to the school boards that kind of control over managers which could never work well.
MR. DIXONmoved the addition of the following Proviso to the Amendment proposed by the hon. Member for Banbury:—"And provided that there be room in such Public Elementary School."
Amendment amended, by adding, at the end thereof, the words "and provided that there be room in such Public Elementary School."—(Mr. Dixon.)
SIR RAINALD KNIGHTLEYsaid, he thought the Amendment just proposed would make the confusion worse confounded. If they went to a division very few Members would know what they were voting about.
MR. B. SAMUELSONsaid, he was willing to accept the additional Amendment of the hon. Member for Birmingham.
MR. COLLINSremarked that more money would be paid for teaching religion in Board schools than in non-Board schools. He thought that denominational schools were already very hardly used, and the adoption of this Amendment would create an additional injustice.
MR. M'ARTHURsaid, he hoped his hon. Friend the Member for Banbury would press his Amendment to a division. It was recommended by two individuals of eminence, the right hon. Member for Birmingham (Mr. Bright), and the Bishop of Manchester.
Question put, "That the words, as amended, be added at the end of the Clause."
The Committee divided:—Ayes 55; Noes 165: Majority 110.
Clause agreed to.
House resumed.
Committee report Progress; to sit again this day.
It being now Seven of the clock, the House suspended its sitting.
The House resumed its sitting at Nine of the clock.

SUPREME COURT OF JUDICATURE BILL—(Lords.)— [BILL 237.]
(Mr. Attorney General.)

THIRD READING.
Order for Third Reading read.
Motion made, and Question proposed, "That the Bill be now read the third time."—(Mr. Attorney General.)
SIR DAVID WEDDERBURN,in rising to move ''That, in the opinion of this House, it is desirable to extend the jurisdiction of the new Supreme Court of Appeal to the whole of the United Kingdom," said: I wish to say a few words as to the effect which has been produced by this Bill in Scotland; and I am desirous of doing so, because this has been in no way an exceptional but rather a typical example of the method in which Scotch business is conducted in this House. A very limited experience of the House would satisfy anyone that a country like Scotland, having distinct laws and institutions of her own and only a small number of Representatives, must labour under considerable disadvantages when any great
786
measure of reform is brought before the Legislature. So great do these disadvantages appear, and so hopeless is any attempt to remove them, that I and others have come to regard with great satisfaction any agreement which may tend to assimilate the laws of Scotland to those of England. Now, one of the most important influences for bringing about a gradual assimilation of the two systems has been the existence of an Imperial Court of Appeal—a Court of Law for the whole Empire. So long as the House of Lords continued to be an Imperial Court of Appeal, the tendency of its decisions was to bring about an assimilation of this kind. But if this Bill becomes law, as far as Scotland and Ireland are concerned, I think they have good reason to complain of the manner in which they have been treated throughout the whole discussion of this Bill. When the Government first introduced the Bill in "another place," no pains appear to have been taken to ascertain what might be the views of the people of Scotland in regard to the retention of the House of Lords as a tribunal for Scotch and Irish appeals only. The opinions enunciated by distinguished gentlemen a few years ago, that the House of Lords should exist as an Imperial Court of Appeal seem to be held to settle the question entirely. A few weeks ago, some steps were taken to ascertain what might be the opinion of the Scotch people on this question. The Representatives of Scotland expressed their opinions with wonderful unanimity, and the result was that the Government resolved to accept the Amendment to the Bill which was proposed by the right hon. Member for Kilmarnock (Mr. Bouverie). Then came the claim of Privilege put forward by a distinguished lawyer in "another place," and although Government and all its supporters stigmatized this claim of Privilege as untenable and preposterous, still they resolved to concede the point for which the claim was set up; and once more, in accordance with the advice of the right hon. Member for Kilmarnock, the course of the Government was changed, the Bill was not recommitted, and Scotland and Ireland wore excluded from its scope. Now, Sir, I think that this is rather a typical than an exceptional example of the method of conducting Scotch business. In order to find an-

787
other example, we need go no further than the Rating (Liability and Value) Bill. In that case also, Scotland is left out in the cold till a more convenient season. I may be told that we are to have a measure of our own to deal with the subject; but we know by experience what that means. It will not be a great Ministerial measure, taking precedence of all others; but it will be in the hands of the right hon. and learned Lord Advocate. It could not possibly be in abler hands; but unfortunately the Lord Advocate is not a Cabinet Minister; and he seems to be very little consulted when the Government Orders of the Day are arranged. No doubt, the Bill will appear on the Notice Paper; but possibly it may be discussed in the small hours of the morning, or, if it is particularly fortunate, it may get a Morning Sitting in the month of July. There is, however, one course which, if the Government would undertake to pursue, would reconcile me to the present state of affairs. If we could receive a promise front the Prime Minister that next Session a measure will be introduced affecting Scotland, and not dealing only with the ease of the ultimate appeals, or even the intermediate appeals, but embracing the whole question of judicial procedure in Scotland, I think we should be satisfied for the present. And it must be borne in mind that this is a matter which has been thoroughly inquired into and reported upon recently by a Royal Commission, and that the subject has long been ripe for legislation. Should we receive an assurance of this kind, I think we might very well rest satisfied with the determination to which the Government has come, to pass this Bill, leaving out of its scope entirely both Scotland and Ireland. Failing such an assurance, it seems to me that, so far as the Scotch people are concerned, we shall be placed at a disadvantage by the Bill, and therefore I shall feel it my duty, by way of protest, to ask the opinion of the House upon the question. On the other hand, if I were to ask the House to vote upon this question, I need hardly point out that the Amendment of which I have given Notice is in no sense a hostile Amendment to the Bill, but rather a supplement to it, taking it for granted that the Bill will pass into law. If it were to be accepted by the House it need not delay the Bill at all. It would
788
merely ensure that next Session, before the Bill should have come into legal operation, Scotland also might reap the advantage of this new tribunal of appeal which Parliament in its wisdom has thought proper to provide. I beg to move the Motion that stands in my name.
MR. ANDERSON,in seconding the Amendment, begged to say that he cordially concurred in what had been so well stated. He hoped it would not be forgotten that Scotland and Ireland had consented to forego their just claims in order to allow the Bill to become law. The House of Lords had always been considered the last Court of Appeal by the people of Scotland, and they did not wish to see any change effected; but the moment the prestige of that House was taken away in the case of English appeals, it became plain that its jurisdiction over Scotch and Irish cases must be given up. He hoped, therefore, the Government would pass a law making one Court of Appeal for the three countries, so that they might be all together, as they were before. It would never do for Scotland and Ireland to go to the House of Lords, and England to go to the Court of Appeal. Another grievance they had to complain of was that Scotch measures were never taken till 2 or 3 o'clock in the morning. He knew that there was a general opinion that Scotland by some final arrangement got whatever she wanted. He could assure the House that was far from being the opinion in Scotland. There was hardly a day in which there was not a leader in the Scotch journals stating that Scotch Members were "a set of incapables" and that they did not unite in the way in which Irish Members did. Well, it gave great annoyance to Gentlemen to make themselves troublesome; but they were urged to take a different course from what they had taken, and he hoped the Government would not forget to reward them for their past forbearance.
Amendment proposed,
To leave out from the word "That" to the end of the Question, in order to add the words "in the opinion of this House, it is desirable to extend the jurisdiction of the new Supreme Court of Appeal to the whole of the United Kingdom,"—(Sir David Wedderburn,)
—instead thereof.
Question proposed, "That the words proposed to be left out stand part of the Question."
MR. DIMSDALE,as one of those who thought that Scotch and Irish, as well as English, appeals ought to be dealt with in the same measure, would vote for the Amendment if the hon. Baronet went to a division.
MR. DELAHUNTYsaid, all parties ought to unite in urging upon the Government the propriety of taking up next Session the question of equality of laws with regard to trade and commerce between the three countries.
MR. GLADSTONEwas sorry with regard to the complaints in reference to the treatment of Scotch business that the only consolation he could give that country was, that it was not singular in its misfortune, others being in a position just as bad. The real question was, whether Scotland was equitably treated as compared with other portions of the United Kingdom. The hon. Member thought that Scotland suffered from the Lord Advocate not being a Cabinet Minister; but the Chief Secretary for Ireland was a Cabinet Minister, and were the Irish Members better contented than the Scotch as to the manner in which their interests were upheld? The Lord Advocate, though not a Cabinet Minister, endeavoured to secure for Scotland a full share of the consideration of Parliament and the Government. As for giving a pledge that the question of Scotch Appeals should be dealt with next Session, it was a rule of his never to give an unconditional pledge six months in advance, and there was nothing as to which Parliament should be more on its guard than in allowing a Government to escape from present difficulties by drawing Bills on a future Session. But with this reservation, he would state frankly that he thought the case was one in which his hon. Friend would hardly require an assurance from him in order to satisfy the hon. Member that the Government were most anxious to follow up, extend, complete, and consummate the present measure by the extension of similar principles to Scotland and Ireland. He trusted that the hon. Member would be satisfied with that declaration and desire on the part of the Government that they would complete the entire work. It was plain that the Government regarded their work as incomplete till the present scheme was extended to the other two countries, so that one and the same system of judica-
790
ture might prevail over every portion of the United Kingdom.
Amendment, by leave, withdrawn.
Main Question put, and agreed to.

ELEMENTARY EDUCATION ACT (1870) AMENDMENT, &c. (recommitted) BILL.
(Mr. William Edward Forster, Mr. Secretary Bruce.)
[BILL 245.] COMMITTEE.
Bill considered in Committee.

(In the Committee.)
Clause 4 (Power of Local Government Board as to relief and guardians) agreed to.
Clause 5 (Confirmation of orders as to elections, &c.) agreed to.
Clause 6 (Election of school board).
MR. DIXONmoved, in page 2, line 31, before "the principal Act," to insert "a school board shall be formed in every school district or united school district, and."
MR. W. E. FORSTERsaid, he could not accept the Amendment.
Amendment negatived.
Clause agreed to.
Clause 7 (Overseers to allow inspection of rate books and otherwise assist returning officers) agreed to.
Clause 8 (Amendment of 33 & 34 Vict. c. 75. s. 91. as to corrupt practices at elections).
MR. F. S. POWELLmoved, in page 3, line 24, to leave out the words disqualifying "from holding any municipal office" a person convicted of bribery under this Act. He thought such a provision went beyond the scope of the Bill.
MR. W. E. FORSTERsaid, the provision was the same as that contained in the Municipal Corporation Act and other statutes, and it was considered desirable that it should be extended to elections under the Elementary Education Act.
MR. F. S. POWELLconsidered the explanation satisfactory.
Amendment, by leave, withdrawn.
Clause agreed to.
Clause 9 agreed to.
Miscellaneous Amendments of 33 & 34 Vict. c. 75.
Clause 10 (Amendment of 33 & 34 Vict. c. 75. s. 57, as to loans).
MR. COLLINS (for Mr. SALT)moved an Amendment, to the effect that the Education Department should not consent to an increase of school accommodation unless it was proved to their satisfaction that the proposed buildings were necessary to supply sufficient school accommodation for the district. He understood there had been instances in which, notwithstanding the existing schools were sufficient for the neighbourhood, the boards erected schools in opposition to them. He considered the time for the repayment of loans should be reduced from 50 to 30 years.
Amendment proposed,
In page 4, line 7, after the word "fund," to insert the words "Provided always, That no such consent of the Education Department shall be granted unless proof be given to their satisfaction that the additional school accommodation which it is proposed to provide, and the works which it is proposed to execute, are necessary in order to supply a sufficient amount of public school accommodation for the district."—(Mr. Collins.)
Question proposed, "That those words be there inserted."
MR. MUNDELLAopposed the Amendment. He objected to any such limitation being put upon the power and discretion of the school boards. There might be ample accommodation in a large place, and yet the bulk of it might be on one side of the town, where it was least required, and not on the side requiring it most; so that if additional accommodation were not provided in the poor quarter children might be compelled to walk two or three miles to school, or to go without education. He thought, too, the limitation of eight cubic feet too small for each pupil.
MR. SCOURFIELDbelieved that any body of men required to be limited in expending other people's money. Hitherto they had been discussing matters of sentiment; but now they had come to the administrative part of the Bill, and its success depended on the caution, the care, and the forbearance with which it was carried out. The remark made in one of the daily papers respecting an eminent Prelate, whose untimely death they all deplored, that
792
though he might have many opponents he had no enemies, was applicable to the right hon. Gentleman. But whatever might be the kindness and courtesy of the right hon. Gentleman, the subordinate members of the Education Department were not necessarily equally conspicuous for those qualities. He wished to check extravagant expenditure, whether promoted by boards, or by the Education Department. They were building accommodation for more children than they had really to get educated. In one place a demand was made for accommodation for 450 children, and when the inhabitants remonstrated, on the ground that there were not so many children in the district, they were told in reply that it was likely large numbers of the labouring classes would settle there and beget families, so that the Department, not content with administration had recourse to prophecy. This was, however, only one of a series of demands, and it should be remembered that the people who found the money for the education of children expected to be treated with forbearance by the Department. Hon. Gentlemen, would, perhaps, remember the story about St. Cecilia, who on one occasion while playing the organ was surrounded by a troop of little cherubs. When the saint thought they were fatigued site politely asked them to sit down—"Asseyez vous, mes enfants;" but their reply was—"Nous vous remercions, Mademoiselle, mais nous n'avons pas de quoi." This was very much the case with the children for whom school accommodation was provided. They were all floating in the air as it were, and when the schools were built they, like St. Cecilia's visitors, had not de quoi to sit down. The right hon. Gentleman the Member for Buckinghamshire (Mr. Disraeli) caused some amusement a year or two ago by remarking that there was generally in every family a "superior person" who gave advice to everybody and whom everybody disliked. It appeared to him that the officers of the Education Department belonged to this class of "superior persons." In many cases good intentions had been utterly shipwrecked on the rocks of mal-administration.
MR. W. E. FORSTERdefended the conduct of the officers of the Department. They had had a most difficult task to carry out in seeing that proper

793
educational facilities were provided throughout the country, and he believed they had executed their work in a very creditable manner. He felt confident that if the good-humoured remarks of his hon. Friend could be quite justified, there would be much greater dissatisfaction than actually existed in the country. The Amendment proposed to add to, rather than diminish, the duties of the Department; because they had hitherto thought that when application was made for their consent to a loan it should not be refused, unless very serious reasons existed against that course. He must entirely demur to the further duty proposed by the Amendment being forced on the Department. The real power to limit the action of school boards should be the feeling of their own constituents. Upon the whole, school boards had shown anxiety for the interests of their districts and the interests of education. They might occasionally have spent too much but the parties to guard against that were their own constituents. If the Department were to attempt to control them the local bodies would refuse to be so fettered, and this would produce a result exactly the reverse of that which was desired by the Mover of the Amendment.
MR. WHEELHOUSEquite agreed with what had fallen from the right hon. Gentleman. There had been remonstrances made in some districts by local bodies against planting school boards in places in which there was already sufficient school accommodation, and they did not want to put their hands into the pockets of the ratepayers unnecessarily. There was not always an accurate knowledge in London with respect to local requirements.
MR. W. E. FORSTERsaid, that in the particular case alluded to—namely, that of Leeds, the Government took care to obtain local knowledge not only from the memorialists, but from the Inspector.
MR. GATHORNE HARDYsaid, that it was an important question whether a Board elected for a short period should be allowed a practically unlimited power in laying enormous burdens upon the ratepayers which could not be shaken off for 50 years. There ought to be some check, and the Vice President ought not only in the first instance to inquire into the sufficiency of the school accommodation, but should keep up that
794
supervision, so that the parishes should not be overloaded with pecuniary liabilities.
MR. CARTERexplained that in the case of Bramley, near Leeds, there was a very rich incumbent who had erected schools, but the Dissenters refused to send their children there; and that was the reason that the school board of Leeds, which was quite impartial, established a school; and no sooner was it opened, than it had an attendance of 300 children.
MR. SCOURFIELDsaid, that by the Act, if a district required an inquiry they would have to pay the expenses.
MR. HEYGATEconsidered that the action of the Education Department had not been in accordance with the pledges given by the right hon. Gentleman the Vice President of the Council, to the effect that "the greatest care should be taken in carrying out the new system not to destroy in building up—not to injure the existing system in establishing a new one." He had only, in proof of this, to point to the case which he had alluded to on a former occasion, in which—there being ample school accommodation—the school board had proposed to provide a new school at the expense of the ratepayers, the effect being that if the additional school proposed by the school board at Keyham were to he sanctioned and built, there would be school accommodation for 374 children out of a population of 749; nor had the ratepayers any security against wasteful expenditure after they had once elected a school board. In the ease in point, three of the five members of the school board who had voted for the new school had not even a £10 qualification, and yet they were attempting to saddle the parish for 50 years with the interest of a loan—to be repaid out of the rates to which they contributed next to nothing—for a purpose declared by the Government Inspectors to be unnecessary! This state of things was calculated to create discontent among the ratepayers. The proposition of the hon. Member for Stafford (Mr. Salt) hit a serious blot in the Act of 1870, and unless it were removed by some such Amendment as was now proposed, it would cause justifiable indignation throughout the country, and seriously retard the cause of education which his right hon. Friend had so much at heart.
MR. W. E. FORSTERsaid, that the case in question was a much disputed one, and was the subject of a voluminous correspondence and much consideration. Inquiry had been made into the sufficiency of the school accommodation, and it was maintained by the board that a school for 130 or 140 children was required, and they provided one for 150. If the Amendment were pressed to a division he hoped the Committee would reject it.
MR. SALTreplied to the objections made to the proposal, and contended that the Amendment was absolutely necessary in the interest of the ratepayers, in order to deprive the school board of the power of taxing the people without any appeal, for the establishment of additional school accommodation in places where it was not required. These country school boards had in reality power to inflict taxes not only of 3 d. in the pound, but of 6 d. or 9 d., or even 2s. or 3s. in the pound. Unless some modification was made in the present system the cause of education would become unpopular in the country, and matters would be placed in a worse position than they were before.
Question put.
The Committee divided:—Ayes 71; Noes 116: Majority 45.
Clause agreed to.
Clauses 11 to 19, inclusive, agreed to.
Clause 20 (Notices for purposes of Elementary Education Acts).
MR. J. G. TALBOTobjected to the penalty of 40 s. which the clause imposed for tearing down or defacing any new notice affixed in pursuance of the Act.
MR. W. E. FORSTERsaid, the reason why the penalty was put in was, that the notices had in some cases been torn down, and it seemed desirable to prevent it.
MR. REEDremarked that in the metropolis it required constant supervision to see that they were not torn down, in order that the conditions of the Act might be complied with.
Clause agreed to.
Clauses 21 and 22 agreed to.
Clause 23 (Regulations as to legal proceedings).
MR. DIXONmoved, in page 8, to leave out sub-section 3, which said that—
"In any proceeding for an offence under a by-law the Court may, instead of inflicting a penalty, make any order directing that the child shall attend school, and that if he fail so to do, the person on whom such order is made shall pay a penalty not exceeding the penalty to which he is liable for failing to comply with the by-law."
He moved the Amendment at the request of the clerk to the school board at Birmingham, who had been a schoolmaster for a great number of years, and who was of opinion that the law would be made so lenient by the sub-section that it would not be sufficiently effective on the parents of the children. An offence against it was to be proved at the expense of the school board, and when that was done it was a mockery, which only encouraged further neglect of the law if the parent was again to be only warned.
MR. CANDLISHsaid, he hoped the right hon. Gentleman would retain the sub-section, as it was desirable that cases under the Act coming before a magistrate should be dealt with leniently, since otherwise the Act itself would be defeated.
MR. W. E. FORSTERobserved, that the sub-section had been introduced in the hope and belief that the mere warning by the magistrate, without the actual punishment, would be sufficient to enforce attention for the future to the requirements of the Act.
MR. W. H. SMITHsaid, he was satisfied that to attempt to enforce compulsion with severity would not operate satisfactorily. There were domestic afflictions and difficulties, and if they were to enforce the attendance of children of the poor five days of the week the result would be a breaking down of the Act. What they wanted to do was to secure, as far as possible, the co-operation of all the schools, and to induce the largest possible number of children to attend the schools. He wished that a power was given under the Act to say to the children—"You must attend school three days in the week;" and in thus giving them an opportunity to work half time they would secure better attendances, and turn the children out in a manner better able to get their bread than they would be if forced to attend five days in the week.
MR. W. E. FORSTERsaid, he had been for some time considering whether it would not be possible to have some such arrangement as that now proposed—a mode which was in accordance with the views of a distinguished lady who felt very great interest in the education of the children of the poor—he meant Lady Burdett Coutts. If his hon. Friend would draw out a scheme, or if the London School Board would take the matter in hand, he would promise to give it his most serious consideration previous to preparing the next Code. With regard to the Amendment, he hoped after what had taken place his hon. Friend would not press it.
MR. J. G. TALBOTsaid, by-law 4 of the London School Board provided that children over ten receiving permission from the School Board need only attend half time, or during ten hours a-week instead of 20, or five school times a-week instead of ten. The Vicar of Sydenham (Mr. Legge) said in reference to this, that of children, both boys and girls, above ten years of age, beneficially and necessarily employed, there was no lack in a place like Sydenham; but either the schools must lose considerably by admitting them—because they could not ordinarily make up the requisite attendance—or they must close their doors upon them. The latter course would be a hardship to the children, and would inevitably bring the school into collision with the School Board, whose visitor would be constantly bringing the parents before the Board to answer for their neglect. He was, therefore, glad to have heard the promise of the right hon. Gentleman.
Amendment, by leave, withdrawn.
MR. J. LOWTHERsaid, there was a sub-section in the clause—sub-section 4—which proposed to give power to the magistrate to impose a penalty of 20 s. on a poor man who failed to send his child to school. It was, in fact, a proviso to enforce compulsory education, and he would move an Amendment to strike that proviso out of the Bill. This was an Act to impose penalties on parties who did not comply with a by-law to send their children to school. He ventured to say that such a proviso as that would never be acted upon; and he did not think it would be to the credit of the House to allow such a proviso to
798
pass. Let them look at the penalty of 20 s. enforced upon a poor man. Every hon. Gentleman must know that to enforce such a penalty must result in sending the poor man to the treadmill.
Amendment proposed, in page 8, to leave out from the word "by-law," in line 22, to the words "A certificate," in line 30.—(Mr. James Lowther.)
Question proposed, "That the words proposed to be left out stand part of the Clause."
MR. W. E. FORSTERsaid, he thought the sense of the House and the country was greatly in favour of these compulsory clauses. Where a parent would not produce his child it was very reasonable that a fine of 20 s. should be enforced on the parent. His hon. Friend said that implied the power of sending the parent to the treadmill; but there was nothing about treadmill in the clause. He did not think the clause ought to be altered.
MR. HERMONasked, whether it was intended to leave the option to the magistrates of summoning either the employer or the parent; because it would be extremely unfair in many cases that the employer should be summoned in the first instance?
W. E. FORSTERsaid, he did not think the clause ought to be altered. It merely provided that the child must be got at if he did not attend school, and the matter might fairly be left to the discretion of the magistrates.
MR. WYKEHAM MARTINsaid, the parent was to be fined if he failed to produce the child before the magistrate.
MR. SCOURFIELDsaid, if this compulsory clause were really intended to be enforced, many parents must be sent to gaol. But if it was not intended to be enforced, the House ought not to pass it.
SIR GEORGE JENKINSONsaid, a fine or 20 s. could not be enforced on poor parents without inflicting great hardship. After what they had heard of the want of discretion in clerical magistrates, it was only right that the point should be defined.
MR. W. E. FORSTERsaid, the magistrates would have the power of inflicting a fine of not exceeding 20 s., therefore they could impose a fine of only 6d.
SIR GEORGE JENKINSONobserved that even so, the cost might be 10 s. or 13 s., and as many a poor parent of a large family could not pay that amount, he would be sent to gaol in default of payment.
MR. R. N. FOWLERsaid, it would be better to make the fine 5s. instead of 20 s.
MR. COLLINSsaid, the fine was not an arbitrary one, but was only to be imposed when a parent wilfully defied the law.
Question put.
The Committee divided:—Ayes 138; Noes 36: Majority 102.
MR. ASSHETON CROSSmoved to leave out sub-section 7, as it threw the burden of proof upon the parent that the school to which he sent his children was a public elementary school under the Act. He quite agreed in the object of the sub-section, that parents should not be allowed to evade the penalties under the Act by sending their children to a sham school. The proof, however, should rest on the prosecutor.
Amendment proposed, in page 8, to leave out from the word "age," in line 40, to the word "Where," in page 9, line 7.—(Mr. Cross.)
Question proposed, "That the words proposed to be left out stand part of the Clause."
MR. VERNON HARCOURTsaid, he would support the Amendment if the hon. Gentleman divided on it, as it was now the rule to try and get rid of all such ridiculous doctrines as that a man should be considered innocent until he was proved guilty. They had improved upon all that, and last week passed a Bill (the Salmon Fisheries Bill) which required a man in whose possession pickled salmon was found to account for how he came by it, and to show when and where it was caught, and where it had been pickled.
MR. W. E. FORSTERasked how the prosecutor could prove the charge against parents? He could only show that the school was inefficient by obtaining a right of entry to it at all times, which would be a greater invasion of liberty than could result from the provision objected to. He hoped the Amendment would not be persevered
800
with considering the lateness of the hour, and the desire to advance the Bill at that period of the Session.
SIR CHARLES ADDERLEYobserved that the Amendment did not at all strike at the principle of the clause. It would only throw the burden of proof that the school was efficient upon the prosecutor not upon the defendant, and that was the principle of the criminal law.
Question put.
The Committee divided:—Ayes 90; Noes 69: Majority 21.
Clause agreed to.
Remaining clauses agreed to.
MR. DICKINSONmoved after Clause 4 to insert the following clause:—(Constitution of committees of boards of management).
MR. W. E. FORSTERsaid, that the clause was one of enormous scope, which would, if carried out completely alter the constitution of the voluntary schools. He would appeal to the hon. Member whether such a clause could fairly be entertained at this period of the Session, and whether it would not be better to endeavour to attain the end proposed by means of a separate Bill?
Clause, by leave, withdrawn.
MR. HEYGATEmoved the following clause:—
(Three years to be substituted for twelve months.)
"And whereas by Schedule 2, Part 2. of 'The Elementary Education Act, 1870,' it is provided as follows:—'If a resolution for application for a School Board is rejected, the resolution shall not be again proposed until the lapse of twelve months front the date of such rejection;' and it is expedient to extend the said period of twelve months to three years: Be it enacted, 'That three years shall be substituted for twelve months in the above mentioned part of the said Schedule."
Clause—(Mr. Heygate,)—brought up, and read the first time.
Motion made, and Question proposed, "That the Clause be read a second time."
MR. W. E. FORSTERopposed the clause, on the ground that it would only apply to one or two places, and no case had been made out for it. There were few places in which people would like to keep up excitement in a village by making repeated application for a school

801
board after they had been once or twice rejected.
Question put.
The Committee divided:—Ayes 39; Noes 96: Majority 57.
LORD EDMOND FITZMAURICEmoved the following clause:—(Conditions of Parliamentary grant to schools other than board schools).
Clause—(Lord Edmond Fitsmauriee,)—brought up, and read the first time.
Motion made, and Question proposed, "That the Clause be read a second time."
MR. W. E. FORSTERsaid, he thought the clause could not be entertained in this Bill, inasmuch as it reopened all the difficult questions which had been settled by the Act, and if they were re-opened additional Amendments would have to be made. No doubt, there were arguments for and against the clause; but it was not desirable to reopen the question to which it referred.
MR. GLADSTONEexpressed a hope that the clause would not be pressed, as no discussion which could now be raised on the matter of public educational grants would be satisfactory.
MR. DIXONsaid, he would support the clause.
LORD EDMOND FITZMAURICEsaid, he must put the House to the trouble of a division, in order that there might be some record of its opinion on the subject.
Question put.
The Committee divided:—Ayes 24; Noes 85: Majority 61.
MR. REEDmoved the following clause:—(Returns by Schools to School Boards).
MR. F. S. POWELLopposed the clause on the ground that it would entail additional trouble on the masters, who were already under-paid.
MR. W. E. FORSTERsupported the clause on the ground that its object was to increase attendance at the schools.
Clause agreed to, and added to the Bill.
MR. M'ARTHURmoved the following clause:—(Conditions on which School Board may accept transfer of school).
MR. W. E. FORSTERsaid, he could not accept the clause, and hoped it would not be pressed to a division.
Clause, by leave, withdrawn.
MR. MUNDELLAsaid, he would not now move the insertion of a clause which he had intended to move in reference to compulsory attendance at school; but he gave Notice that early next Session he should move for leave to bring in a Bill to enforce compulsion generally.
House resumed.
Bill reported; as amended, to be considered upon Thursday.

CONSTABULARY FORCE (IRELAND) BILL.
Resolution [July 21] reported;
"That it is expedient to authorise an increased rate of Pay, out of moneys to be provided by Parliament, to the Members of the Royal Irish Constabulary, not exceeding such sums as may be fixed by any Act of the present Session."
Resolution agreed to:—Bill ordered to be brought in by The Marquess of HARTINGTON and Mr. Secretary BRUCE.
Bill presented, and read the first time. [Bill 257.]

DEFENCE ACTS AMENDMENT BILL.
On Motion of Mr. CAMPBELL-BANNERMAN, Bill for the amendment of the Defence Acts 1842 and 1860, ordered to be brought in by Mr. CAMPBELL-BANNEMAN, Mr. Secretary CARDWELL, and Sir HENRY STORKS.
Bill presented, and read the first time. [Bill 255.]

LOCAL RATES AND TAXES (SCOTLAND) BILL.
On Motion of The LORD ADVOCATE, Bill to amend in certain respects the Law relating to Local Rates and Taxes in Scotland, ordered to be brought in by The LORD ADVOCATE and Mr. Secretary BRUCE.
Bill presented, and read the first time. [Bill 256.]
House adjourned at Two o'clock.

MINUTES.
Sat First in Parliament—The Earl of Chesterfield, after the death of his cousin.
PUBLIC BILLS—Second Reading—Medical Act Amendment (University of London)* (214); Military Manœuvres* (216).
Committee—Petitions of Right (Ireland)* (180–233).
Report—Elementary Education Provisional Order Confirmation (No. 1) (167).
Third Reading—Highland Schools (Scotland)* (205), and passed.

ENDOWED SCHOOLS COMMISSIONERS—DENBIGH FREE GRAMMAR SCHOOL.

  HER MAJESTY'S ANSWER TO THE ADDRESS.
  The Queen's Answer to the Address of Friday last reported, as follows—
  "My LORDS,
  "I have received your Address, praying that I would refuse my assent to the Schemes of the Endowed Schools Commissioners for the management of the Free Grammar School and of the Blue Coat School Charity at Denbigh:
  "I will withhold my assent from the Schemes in conformity with your desire."

  THE LATE BISHOP OF WINCHESTER AND THE LATE LORD WESTBURY.
  EARL GRANVILLE: My Lords, I wish to ask your Lordships to excuse me in saying a few words before we proceed to the Orders of the Day. I find that there is a general and not unnatural feeling of surprise at more not having been expressed in this House yesterday on the subject of the great losses which the House had sustained since their meeting on the previous Friday. The noble Duke opposite (the Duke of Richmond), indeed, took advantage of the only opportunity which he had of expressing with judgment and good feeling what were his impressions on that occasion; and not only what were his feelings, but what were the feelings of every one of your Lordships. If there was any omission it was entirely mine. My excuse is one which your Lordships can easily understand—at all events, it was not compatible with any indifference on my part to the losses which we have sustained; but still it was difficult for an independent Member of the House to speak without my having, in the official position I hold, given him the lead in the matter. I do it now without the slightest idea of making anything like a funeral oration over these remarkable men. Their works, their lives, and their great abilities are known to your Lordships. We all know, with regard to Lord Westbury, that, though it was hardly appreciated as it deserved, his kindliness of heart was remarkable; while with regard to the Bishop of Winchester, his genial disposition and urbane character made every person his devoted friend—even those who most differed from him.

  737
  I will only add this:—We are sometimes in this House, and sometimes out of it, apt to depreciate ourselves; but I think it remarkable that two such remarkable men should have been lost to this Assembly within 24 hours, and yet have left this House not entirely bare of those attributes for which they were distinguished.
  THE LORD CHANCELLOR: My Lords, perhaps I may be permitted to add a few words to those which have been so well spoken by my noble Friend. I am not at all sure that any mode of expressing the feelings which we all entertain upon the occasion of these great losses could have been more significant than the silence yesterday of those who were not compelled to speak, and the deviation from the natural course of the business of the evening which it was impossible for the noble Duke to avoid. I am one of those who have had very many opportunities of knowing both the great men whom we have lost. Of the right rev. Prelate I will not trust myself to speak after what has been said, because I feel that I am in the presence of some, besides my noble Friend, who did not perhaps value or love him more, but who are better entitled to speak of his public character than I am. But with respect to Lord Westbury, I should be sorry to lose the opportunity of saying a very few words. I think he was a man of as brilliant natural powers as any man he has left behind him. He was also a man who, from his activity and industry in the application of those powers, had acquired a very great breadth of view with regard to the science of jurisprudence, to which his life was devoted. He had all the qualities of an eminent Judge. Personally, I have to say that from the earliest part of my professional career I was indebted to him for notice and kindness, when I was young and obscure, and when notice and kindness from such a person were most valuable. I was also indebted to him when he became Lord Chancellor for my first introduction to the public service; and I was indebted to him for uniform confidence and consideration during the whole time of our official connection. I was no unconcerned—I will not call myself spectator, as I was in some sense an actor—in the Parliamentary struggles connected with his retirement from office, and never had I the smallest doubt, for a
  738
  single moment, as to his personal purity or as to his freedom from anything inconsistent with high public and private honour, in regard to those transactions as to which he was thought by some to have failed in vigilance. No doubt or misgiving of the kind ever crossed my mind; and I could not but feel pained—more than I have ever yet up to this moment been able to express—that it was considered necessary to visit him with censure, which, so far as any public ground for it was then brought forward, was due, in my judgment, not to him but to others. Since that time he has performed in a dignified and most useful manner, his part in the judicial and other proceedings of your Lordships' House; nor did he ever show any feeling of resentment against those who had thought it their duty to oppose him. During the whole of this Session I have deeply lamented the absence of that assistance which he could have given to your Lordships' deliberations with regard to the great measure relating to our judicature, which has passed through your Lordships' House. I regretted his absence the more, because I had reason to believe that there were some points of importance on which his opinion was not entirely the same as my own. He was frank and kind in his communications with me; and his views, I need not say, were carefully considered; but his absence from your Lordships' House, especially with regard to the discussions on that Bill, was a great public loss; and the fact that we shall never again have that assistance will, I am sure, be most deeply regretted by all of your Lordships as well as by myself.
  THE ARCHBISHOP OF CANTERBURY: I am anxious, my Lords, to express my thanks and those of the right rev. Bench to my noble Friend on the Treasury bench for having recurred to this subject. As regards the noble and learned Lord (Lord Westbury) it is a circumstance which I cannot forget, that I believe I was the last of your Lordships who saw him and had a conversation with him between the last two meetings of your Lordships' House, and I can bear witness that his intellect was then quite as clear in the prospect of approaching death as when he last addressed your Lordships. With regard to the right rev. Prelate, I can well

  739
  understand that my noble Friend should have found it impossible yesterday to address your Lordships, fresh as he then was from the scene of a great calamity—if we may call it a calamity for a man to be summoned away in the midst of his vigour in obedience to a voice which he had long expected, not unprepared, but ready for the summons. My Lords, I have known the right rev. Prelate for upwards of 30 years. I received from him long before I was a Bishop many marks of kindness, and for 17 years I have seen him almost daily in the discharge of our respective duties. It has been my misfortune to differ from him often, but I never knew an occasion on which his kindliness of heart did not overcome any difference which might have arisen from a divergence of opinion. I ask myself, what is the mark the right rev. Prelate will leave upon the Church and the people of England?—for I cannot doubt that one who filled so conspicuous a place in the public estimation, and who was seen and heard everywhere with pleasure and advantage, must leave a lasting mark behind him. He was not, indeed, the writer of a great work, nor, as far as I believe, was he the founder of any great school of thought; but he did set before the Church, of which he was an ornament, and the people of England the example of a life devoted to duty in its lowest and its highest phases. He was as ready to befriend the curate, whom no one knew but himself, as he was to place his services at the disposal of your Lordships, or of his Sovereign. No man could discharge such duties as he fulfilled in this spirit without leaving a lasting mark behind him. I believe I am only speaking the sentiments of my most rev. Brethren when I say that there is not one of us who does not feel that we owe to him a debt that we can never estimate fully in the example he has set us by his untiring energy. Many Bishops before him strove earnestly to perform their duty; but I believe that they, if living, would be as ready as myself to say that no one ever laboured so emphatically, or left behind him such an example of untiring industry in every department of work he undertook. It was this, my Lords, that gave him his surpassing influence. It was not merely an aptitude for business, and a devotion to the details of business, such as no
  740
  man, perhaps, but himself in this generation ever showed, but it was that kindly sympathy with which he entered into the feelings of others—that readiness never to spare himself if he could do an act of kindness—which made him ever welcome wherever he showed himself. I am sure that, publicly and privately, all the people of this country will, for many a day to come, lament the misfortune which has deprived us of his presence and his services—though we cannot regret his departure for his own sake.
  THE EARL OF CARNARVON,who was very imperfectly heard, was understood to say that he trusted many years of friendship with the late Bishop would be his justification for saying a few words. If there was one striking quality which more than another distinguished the character of the late Bishop, it was his power of gaining the hearts of all with whom he came in contact, of keeping away from extremes, and holding an even balance between contending parties. He had never known a man more capable of inspiring affection. He was, no doubt, one of the olden school which was passing away in this country—a scholar, a gentleman, a statesman, and a Churchman; but, above all, he was a steady and consistent friend, full and overflowing with kindness and affection. He was ever ready to uphold his opinions, but he was incapable of the slightest particle of jealousy. There were men on both sides who might have thought that he went too far on some occasions; but there were none who doubted the sincerity of his convictions, and his justice of conduct in his high office, in which he acted with as much evenhandedness as imperfect human nature would allow. And, certainly, in private life, those who knew the history of himself and his family knew how at different periods of that life a severe strain was put upon him, and how manfully and steadily that pressure was borne. He believed that there was not a man who worked harder or more zealously, or who more laid on every power and effort of his mind for his work, than he did. In society the right rev. Prelate shone and sparkled beyond anyone he had ever known. And although his connection with the diocese of Winchester was brief, he had left in hundreds of places within that diocese marks of his justice and

  741
  discretion, and of the vigour of his administration.
  LORD CAIRNS: My Lords, if all among your Lordships who have been impressed by the lustre of the eloquence, the splendour of the talents, the unrivalled exertions, the energy in the discharge of public functions, displayed by the late right rev. Prelate were to rise in succession to bear their testimony to what he was, everyone of those whom I have now the honour of addressing would, in his turn, become a speaker. I rise, my Lords, to add a word to what has been said with regard to my late lamented Friend (Lord Westbury.) Those who, like myself, have had the opportunity of seeing him from day to day during the last few months, and witnessing the gravity of his illness and the extent of the suffering under which he laboured, could not but be apprehensive of the sad event which we all now deplore. My acquaintance with Lord Westbury is of something like 30 years' standing. I recollect when I, yet a young man, entered the profession of the law, Lord Westbury was in the full blaze of his career at the Bar, and I remember—as my noble and learned Friend on the Woolsack does—the kindness I received from him then, when kindness was most valuable. I remember with gratitude and gladness the unvarying manner in which that kindness was ever after extended to me. I say this because in the contemplation of the great talents of Lord Westbury, remembering the splendour of his judicial career, recollecting the power which he brought to bear in the performance of his duties as a Judge, and remarking, also, on those proofs of intellect which all of your Lordships must have noticed, we are apt to depreciate what I, at least, dwell upon with greater pleasure—namely, the goodness of heart which lay below those more splendid and attractive qualities—a goodness of heart which I am glad my noble and learned Friend on the Woolsack has alluded to in terms which I gladly endorse. I could not, on this melancholy occasion, say less in reference to the loss of one with whom I have been for so many years in the closest contact and intimacy.
  LORD HATHERLEY: My Lords, as one who was often subjected to considerable criticism in this House, on the part of Lord Westbury, I am sincerely
  742
  glad to bear my testimony in addition to that of my noble and learned Friends to his kindliness of heart. He evinced extreme kindliness towards myself during my occupancy of the Woolsack, and I think it only due to his memory to say that in the course of those inquiries which led to his retirement from office I never understood that there was any stain upon his personal honour. Whatever want of diligence there might have been on his part in reference to transactions in which other persons were concerned, that was not, in my judgment, nor in that of others, any reason for imputing a want of personal honour to Lord Westbury himself.
  THE EARL OF FEVERSHAMwas understood to suggest a public funeral for the late Bishop of Winchester in Westminster Abbey.

  ELEMENTARY EDUCATION PROVISIONAL ORDER CONFIRMATION (No. 1) BILL—(No. 167.)
  (The Lord President).

  REPORT OF AMENDMENTS.
  Amendments reported (according to Order.)
  Clause 1 (Confirmation of Order).
  EARL BEAUCHAMProse to move an Amendment the effect of which would be to postpone the operation of the Act until the 1st January 1874. The noble Earl said that the Provisional Order which the Bill sought to confirm conferred upon the London School Board authority to put in force the powers of the Land Clauses Consolidation Act of 1845, for the purpose of compulsory acquirement of land which they had been unable to purchase by agreement—his object in proposing the postponement being that there would be an election of the School Board in the meanwhile. The outlay which would be involved by the Bill was very considerable, was not necessary, and could not be justified under the circumstances of the case, and was altogether out of proportion to the funds derived from the rates of the metropolitan school district. He regretted that the rates did not possess so stern a guardian as the Consolidated Fund had in the person of the Chancellor of the Exchequer. He was in favour of the extension of education, and had brought forward his Motion in the belief that the undertaking of an extravagant and un-

  743
  necessary expenditure would produce a reaction in the minds of the ratepayers which could only result in injury to the cause of education. They had to consider the nature of the education to be given to the children and the amount of accommodation that already existed. As to the former, the London School Board, instead of putting in force the powers conferred upon them by the Elementary Education Act, and making use of the vacant accommodation in the existing schools as far as their compulsory powers were concerned, had adopted another and altogether different course, and divided themselves into committees for the purpose of dealing with the various branches of education to be taught in the elementary schools. It had been gravely proposed by the London School Board that Latin and French should be subjects of instruction in the elementary schools. Parliament surely did not pass the Elementary Education Act with any such purpose, and if such a proposal had then been made it would not have found favour. Then as to the existing accommodation, he believed the statements that had been put forth as to the deficiency in this respect were entirely without foundation. The Statistical Committee of the London School Board, in estimating the existing educational destitution within the metropolitan area, stated that school accommodation would be required in round numbers for 100,000 children. This report was prepared by a Statistical Committee of 16 members, and took a year in. preparation. It did not appear how many members of the committee attended the meetings, or assisted in the preparation of these statistics; but the report itself was presented to the Board on one day and passed, he believed, without discussion. Now, it could not be satisfactory to the ratepayers that they should be called upon to pay large sums upon the strength of a report which had been so little discussed, and he thought they had a right to complain of their representatives for adopting a mass of figures without testing the accuracy of the principles upon which they were based. According to the very able and clear explanations of the secretary, Mr. Croad, the metropolis had been divided into enumerated districts, the total number of children between the ages of 3 and 13 had been ascertained, and various deductions had
  744
  then been made from this total. Now, everything depended upon the propriety of these deductions. The conclusion of the committee was that the total number of children for whom elementary school accommodation should be provided was 454,783, and the existing efficient school accommodation was 330,000. There was, therefore, an apparent deficiency of accommodation for between 150,000 and 200,000 children. But he regarded the estimate as an exaggerated one. The Bishop of London had instituted an inquiry into the subject, and the result reduced the deficiency to 130,000. Thus the School Board assumed that a majority of the children who were being educated at a cost of between 6d. and 9d. a-week were children for whom elementary education should be provided at the expense of the ratepayers. But surely close inquiry was necessary into the character of the schools and all the circumstances of the case before such an assumption could fairly be made. Another question arose out of the deduction made in respect of children between three and five years old, to whom the compulsory powers of the Board did not apply. The parents were asked to state, in printed papers left with them, whether their children were too young to attend the schools or not; and where the paper was not filled up it was assumed that the children were capable of going to school, and that the full accommodation ought to be provided for them. This was a very gratuitous assumption, and he maintained that a considerable further reduction should be made under this head. The London School Board, he thought, had committed a gross error with reference to the school accommodation which should be provided in the metropolis under the Education Act. According to the admission of Mr. Croad, the able and intelligent representative of the views of the London School Board, they proposed to provide accommodation for nearly 50,000 children in excess of what the requirements really were. But it was said that compulsion would bring a very much larger number of children to school than had hitherto attended. He did not think it could be shown that any great increase of attendance could be obtained in the metropolis by means of compulsion. The better class of children were now receiving, speaking

  745
  broadly, an efficient education. It was in respect of the children of the lowest classes of the metropolis that education was in an inefficient state; but those classes were migratory. They were in the habit of changing their residence every six months, if not oftener. If there were these obstacles in the way of applying compulsion, it was obvious that compulsion could not be expected to increase largely the attendance at school. He very much regretted that on this occasion their Lordships would not have the great benefit of the advice of the Bishop of Winchester, whose death they all deplored. That Prelate was a Member of the Committee to whom this Bill was referred, and he took the greatest interest in it, as he did in all questions affecting his diocese. He applied his mind very seriously to the discussion, and he (Earl Beauchamp) thought he brought out very clearly the effect of compulsion as bearing on a migratory population. He (Earl Beauchamp) denied that the Education Act of 1870 was intended to introduce a new system. It was intended to adopt a system already existing, and to supplement the deficiencies of that system. He maintained that the London School Board were pursuing a policy which must have the effect of seriously crippling voluntary schools. The voluntary assistance of persons of a higher station of life in supervising the schools had been of enormous advantage, and if the London School Board, hurried on by those who were in favour of efficiency regardless of cost, were to supplant voluntary supervision by paid supervision, they would entail an enormous expense upon the ratepayers. Moreover, the employment of paid functionaries must be very expensive. In his opinion, the cost of compulsion was out of all proportion to the value of the work done, and the course which the London School Board were pursuing would in the end deal a fatal blow at the cause of education by making the ratepayers cry out against it. Holding these views, he begged to move, in Clause 1, the omission of the words "after the passing of this Act," in order to insert, "the 1st of January, 1874."
  Amendment moved, in Clause 1, to omit ("after the passing of this Act") and insert ("the first of January, 1874.")—(The Earl Beauchamp.)
  LORD LAWRENCEsaid, he believed the practical effect of the Amendment would he to put an end altogether to the good already done. [The noble Lord proceeded to defend the course which had been taken by the London School Board, and quoted statistics showing the proportion of children not attending schools, in justification of the efforts of the Board to increase the amount of school accommodation] Were the Amendment adopted and the action of the present Board suspended, the next Board would have to incur a much larger expenditure; for experience had shown that the moment it was known that any site was likely to be required for a school, the price considerably increased. In more than half the cases the Board had already purchased the interest in the sites, and Parliament was simply asked to remove difficulties as to title. No doubt, there would always be a large amount of absenteeism; but as the compulsory by-laws were enforced, the difference between the number on the rolls and the average attendance would become smaller and smaller. Mr. Croad's candid admission that something like 5 per cent would not represent the probable absenteeism was quite correct at the time the answer was given, when the schools were only beginning to get into work, but the state of things was very different now. Till the other day the Board had not a single new school, but only the schools taken over, and the many rooms hired; and, while bound to supply the deficiency in school accommodation, they had only asked the sanction of the Department for four-fifths of the amount which after careful consideration had appeared necessary. Every precaution was taken by the Board to avoid providing more school accommodation than was absolutely required in any particular district, and that full allowance should be made in every instance for the accommodation afforded by existing schools. He moreover denied that the action of the Board had done any injury to the Church of England schools. As to the question of voluntaryism, on which the noble Earl had laid so much stress, he was prepared to show that while the Board schools had been increasing in numbers the voluntary schools had increased in a still greater ratio. With regard to compulsory attendance, no doubt it was

  747
  difficult to carry out their by-law on that subject, but without some such system they could not get the children into the schools. Their Lordships must bear in mind that the children with whom they had to deal were the roughest and most unmanageable it was possible to conceive, and it required the greatest tact to carry out the compulsory powers; but he believed that the increased attendance which could fairly be put down as due to the operation of the compulsory bylaw was no less than 55,000 children. He denied that the Board could be justly charged with extravagance in overbuilding; they had to provide a certain amount of accommodation, and that accommodation they had sought to provide at the lowest possible cost. Among the members of the Board were many men of business, who devoted much of their valuable time to the performance of their duties, with much advantage to the public. He trusted that their Lordships would not agree to the Amendment.
  THE MARQUESS OF SALISBURYsaid, that the controversy as to the Lambeth statistics was attributable to Canon Gregory having taken the Privy Council estimate that one in six of the population required education, and that 33 out of every 1,000 children were of a class not likely to attend National or Board schools; while the London School Board relied on the judgment of their enumerators as to the children of the excepted class. Even if the enumerators were right, one in six—if the average for the kingdom—would eventually be the average for Lambeth, and it would be extravagant for the Board to build on the basis of an exceptional state of things. The Board, moreover, appeared to set aside ecclesiastical divisions; and Mr. Gregory's best school being in a projecting portion of his parish, they had reckoned it in another district, and could thus say that he had not furnished sufficient accommodation. It was easy by this "jerrymandering," or manipulation of boundaries, to get statistics to any desired effect—though he did not suggest that the noble Lord (Lord Lawrence) had had any such idea, for nothing could be more honourable than his intentions, and those doubtless of the great mass of the parties concerned. The committee's report was hastily drawn up and adopted, and in a case where an earnest theo-
  748
  logical feeling existed, so that men would be biassed by approval or disapproval of religious education, the return could not be implicitly accepted. It seemed to him that the Board had been building for an exceptional state of things—and that was extravagance—their real course should have been to take a state of things that was likely to endure, rather than to calculate on exceptionally high numbers that could not be maintained. He imputed no mala fides to the Board; but, as a matter of fact, they had a passion for building, and would adopt any excuse for indulging it—such as the necessities of adjoining districts; the supposed inability of London children to cross public thoroughfares; and, lastly, their hopes for the future. According to the Education Department, the absenteeism was 20 or 25 per cent, and though possibly the expectation of the Board, as to a considerable diminution, might be realized, it would be wise to wait and see. The noble Lord seemed to treat 2d. in the pound with contempt; but he doubted whether, if the Board inscribed that figure on their banners, they would be sure of re-election. If the Board went on invading districts, and impressed on the clergy that the educational efforts to which they had devoted a life-time w ere of no avail, the co-operation of the latter would be lost, without which co-operation the Board could not cheaply accomplish its work. If the Board allowed the secularists among them, if there were any such—or, as he rather believed, their surveyors, architects, and engineers—to stimulate them to an unnecessary outlay, the expense in each case might be small and the impression on the rates slight, but the discouragement inflicted on those who had given their lives to education would gradually drive them from the field, leaving they Board to occupy it alone, and impose an enormous burden on the ratepayers in the end. The Vice President of the Committee of Council on Education had calculated that the burden of supporting schools in London would be 3d. in the pound; but experience had shown this to be too low an estimate, and he had no doubt that the cost to the ratepayers would fall little, if anything, short of 6d. in the pound, if the policy of discouraging individual effort, despising ecclesiastical boundaries, and hurting the feelings of

  749
  those who had devoted their lives to the cause of education was persisted in. Under existing circumstances, however, he did not think it would be advisable to press the Motion before the House to a division, or to impose their views upon the London School Board. The gentlemen composing that Board would soon be before their constituents, and he hoped they would be able to show sufficient grounds for the course they had pursued. When he postponed the debate on this Bill last Thursday, he little thought by so doing he was taking a step which would deprive him of the assistance of the right rev. Prelate (the Bishop of Winchester) whose loss they all deplored—a Prelate who was one of the best advocates the Church of England had ever known. In conclusion, he warned the School Board against a policy of disregarding the feelings of those who cultivated the education field before there were school boards to till it, and who had, in fact, borne the heat and burden of the day.
  THE DUKE OF CLEVELANDsaid, the Committee which inquired into this subject obtained the best evidence they could, and came to the conclusion that it would be impossible to construct a. good system of school-board districts in London unless, in fixing the boundaries, they acted independently of the existing parochial districts. It was true that in taking this some children would be taken from the schools within their parishes and sent to the schools of the neighbouring district; and in this respect an injustice had been done to Canon Gregory. His school happened to be placed near the extremity of his parish, and the result was that a portion only of the children of the parish attended that school, and he had to take others from adjoining parishes. But, upon the whole, he believed the plan worked satisfactorily. The great object of the Education Act seemed to him to be the bringing of all children to the schools, and he had no doubt that with the inevitable increase of the population the schools now proposed to be erected would be filled. He thought it was impossible to accuse the London School Board of being too precipitate. They were supposed, on the contrary, to be too slow. At all events, seeing how little had been done, nothing like undue haste could be imputed to them. In
  750
  the course of the investigation of the Committee, he was astonished at the amount of education which had been furnished by voluntary means, and he should be sorry to see these efforts paralyzed or in any way thwarted. But there was no evidence to show that such a result was contemplated by the School Board. Many clergymen of the Established Church were on the Board, and they were not likely to lend themselves to any attempt to destroy schools founded by voluntary exertion. It must be remembered, however, that the Act was imperative upon them. They were called upon to provide, within the metropolitan area, for all children who were capable of receiving elementary education, and for whom no accommodation now existed. The question was whether, in carrying out the Act, there had been any violation of its principle, or any steps taken which were not justified by the circumstances of the case. In his opinion, there was no evidence to justify such a charge, and he thought that the case of his noble Friend had entirely broken down. In conclusion, he must express the deep feeling of sorrow with which he had learnt the death of the right rev. Prelate, with whom he had so recently served upon the Committee, sitting with him there day by day. It so happened that his acquaintance with the right rev. Prelate dated from a more distant date, probably, than any of their Lordships. He had been in constant intercourse with him, and, without dwelling on those public qualities which were patent to the world, he must be permitted to bear testimony to his sterling worth in private life.
  THE EARL OF HARROWBYthought the evidence brought before the Committee proved that the charge against the London School Board that they had rashly endeavoured to cover London with schools where schools were not wanting, was not well founded. They seemed to him to have taken great pains to ascertain what was really required with reference to school accommodation. He did not mean to say that an error here and there might not have been committed; but no evidence whatever was brought before the Committee to show that they had acted on a principle which disregarded the existence of voluntary schools.
  VISCOUNT EVERSLEY,as far as he

  751
  could judge, thought the conduct of the School Board was free from all blame, and that they deserved the thanks of the public.
  On Question? Resolved in the Negative; and Bill to be read 3a on Thursday next.

LANDLORD AND TENANT (IRELAND) ACT, 1870.

  MOTION FOR PAPERS.
  THE EARL OF LEITRIMmoved, that there be laid before this House—
  1. Copy of the decree and reversal granted by Mr. Justice Lawson at Dublin on the 3d day of March 1873 in respect to the claims made by Michael Friel of Ballymichael in the county of Donegal, claimant, v. The Earl of Leitrim, respondent, under the Landlord and Tenant (Ireland) Act, 1870; showing the amount awarded, the costs of the decree, and the costs of the reversal:
  Also copy of the costs as taxed by the clerk of the peace under the direction of the judge according to the order of the judges of the Court of Land Cases Reserved, and dated the 1st day of June 1872:
  2. Copy of the dismiss of the chairman of quarter sessions in the county of Monaghan to the claims of James Creaghan v. The Earl of Dartrey, under the provisions of the Landlord and Tenant (Ireland) Act. 1870; and the affirmance, with costs, granted by Mr. Justice Lawson to the above decree at the late assizes for the county of Monaghan, and the judgment of the judge on the granting of that affirmance:
  Also copy of all entries in the book of the clerk of the peace for the county of Monaghan as to the case of the claims of the said James Creaghan v. The Earl of Dartrey:
  And copy of the taxation of costs under the rules of the judges of the Court of Land Cases Reserved.
  The noble Earl explained at great length the nature of the causes to which these Papers referred, complaining that not only was the Irish Land Act of 1870 a most dangerous measure in a political sense, but that it had been interpreted and enforced by the Judges in a way greatly to increase its injustice.
  LORD O'HAGAN,on behalf of the Government, said, there was no objection to the production of the Papers moved for.
  Motion agreed to.
  THE EARL OF LEITRIMthen moved for—
  Return of the Land Cases decided in each county from the 27th day of February 1872 to the 12th day of July 1873; showing the amount
  752
  of rent in each case and the tenement valuation of the premises, the sums awarded as compensation and as costs in each case by the chairman of quarter sessions, the cases in which appeals have been carried up to the judge or judges of assize, the judgment in each case and the costs, the cases which have been remitted by the judge or judges of assize to the Court of Land Cases Reserved, the judgment of that court and the costs: [Tabular Form].
  Motion agreed to.

  IRISH CHURCH TEMPORALITIES COMMISSION.—QUESTION.
  THE EARL OF LEITRIMasked Her Majesty's Government, What is the cause of the delay which takes place in the office of the "Irish Church Temporalities Commission," at Dublin, in granting the "Merging Orders" to relieve the estates of those persons who have paid their money for the purpose of purchasing the tithes in certain parishes in Ireland to relieve their estates therefrom, under the provisions of the Act for the Disestablishment of the United Church of England and Ireland in Ireland; and to know why the "Merging Orders" have been withheld for several months; and, if measures will be taken to remove the inconvenience caused by the delay complained of?
  THE MARQUESS OF LANSDOWNEsaid, he had been in communication with the Irish Government, and had received a telegram from them, stating that no delay occurred in granting, those Merging Orders beyond what resulted from the pressure of business in the Solicitor's office, and that the noble Earl's own Merging Order was issued on the 21st of the present month.
  THE EARL OF LEITRIMsaid, he had never received it.

CONSTABULARY (IRELAND)—SUBCONSTABLE JOHN HOWE.

  MOTION FOR PAPERS.
  THE EARL OF LEITRIMmoved, that there be laid before this House—
  Copy of the report made by sub-constable John Howe, dated Ballycumber, the 26th of March 1873, or thereabouts, relative to the alleged cruelty to a horse near Ballycumber in the King's County, Ireland: [and other Papers].
  THE MARQUESS OF LANSDOWNEsaid, the Reports in question were of a confidential nature, and he could not consent to their production.
  On Question, Resolved in the Negative.
  House adjourned at Eleven o'clock, to Thursday next, Eleven o'clock.