The Press.
London, England, 1854-05-06 00:00:00

,•••.,••••N,1••••

OXFORD UNIVERSITY BILL

The committee on this bill had sat merely pro
formd last week, and began the consideration of the
measure on Monday night. An amendment was
moved to the first clause by Mr. HORSMAN. The clause
appointed the board of commissioners who were to
act under the bill, and named them asfollows :—The
Earl of Ellesmere, the Bishop of Ripon, Mr. Justice
Coleridge, the Dean of Wells, and Sir J. Audrey.
Mr. Horsman referred seriatim to these proposed
functionaries, and objected to their appointment
on a variety of grounds, but chiefly because they
were for the most part already burdened with an
amount of duty which would necessarily disqualify
them for the efficient discharge of any new labours.
He feared that the business of the commission would,
under such circumstances, fall practically into the
hands of the secretary. He moved that the names
should be left in blank until all the other clauses
of the bill had been gone through.
Lord J. RUSSELL thought it was better to settle
the question of the commissionerships without delay.
Very extensive powers were to be assigned to that
body, and it was fitting for the house to decide at
once into whose hands they should devolve. The
commissioners named in the clause had been selected
with much care, and were, he believed, persons in
whom the university, the Government, and the
public, could place confidence.
Sir J. PAKINOTON having defended, and the
CHANCELLOR of the EXCHEQUER opposed, the amend-
ment,

Mr. DISAILELI protested against the bill being
judged by the character of the commissioners, or in
any way but from its own merits. lie argued that
the only rational course to pursue was to define first
what was to be done, and afterwards decide who was
to do it.
A prolonged discussion on the amendment closed
with a division, in which the clause as it originally
stood was affirmed by 109 votes to 141-28.

An amendment to the fourth clause was proposed
by Sir W. Htarncore. The clause empowers the
commissioners to demand evidence, documents, &c.,
and contains a provision relieving the officers of the
university or ita colleges from the disabilities under
which they might lie as to giving information or pro-
ducing papers from the statutes of the university or
their own oaths of office. Sir W. Heathcote moved
the omission of certain words and the substitution
of a modified proviso, not making mention of oaths.
The conscientious scruples that arose on this
point were discussed at much length, and various
suggestions made for the purpose of alleviating
them without unduly fettering the commissioners.
At length a division was taken, and the clause adopted
in its original tenor by 110 votes to 09-49.
Upon the sixth clause, providing for the organisa-
tion and election of the Hebdomadal Council,
Mr. WALPOLE moved a series of modifications de-
priving the Chancellor of the proposed privilege of
nominating two members ; rendering those members
elective ; and introducing, under the title of "see.
tional election," a system by which the members to
be chosen from the heads of colleges or halls andthe
professorial body would be elected, not by the en-
tire congregation, but each by the votes of his own
class.
Mr. NEWDEGATE, in supporting this amendment,
said, in substance : •
" He wished to draw the attention of the committee to
the fact that it was on the plea of the necessity of electing
these three classes that they were asked to create an en-
tirely new body, for which had been chosen the old name
of congregation, and which would, in fact, be the governing
body ; for, if the plan of the Government were carried out,
the hebdomadal council would be a mere emanation of
this new body of congregation. Let the house consider
bow measures for the consideration of convocation, the
present governing body of the university, were to be
initiated, and they would understand the enormous power
which it was proposed to place in the hands of this new
body congregation. At present all measures for the go-
vernment of the university, all questions for the considera-
tion of convocation, must emanate from the hebdomadal
board, which consisted of the heads of houses, the vice
chancellor, and proctors—in all twenty six persons.
This body was independent in its constitution, had proved
most valuable for the maintenance of the discipline of the
university, and, at the same time, amenable to the public
opinion of the university in the initiation of subjects for
the consideration of convocation on all great questions.
At present the whole legislation arose in the hebdomadal
hoard, hot it was now proposed to create a new nominated
body of some two hundred members, to whom virtually
would be delegated the power of initiating measures. For
the proposed hebdomadal council would be a mere com-
mittee or delegacy of this new congregation, to which body
lall measures and questions must be submitted by their
committee, the hebdomadal council, for approval or rejec-
tion, before they could be submitted to convocation. This
new body would be totally independent of convocation,
and large and powerful enough to be inspired by a apirit
1 of intense rivalry against econvoeation. To explain this
proposed organisation to the house he would compare it

THE PRESS.

with the political constitution of this country: he would
compare the proposed hebdomadal council with the Cabinet
the proposed congregation with the House of Lords, the con-
vocation with the House of Commons. Now, the constitu-
tion of the State would be analogous in action to that pro-
posed for the university, if the Cabinet were to become a
committee of the House of Lords, from which all measures
must emanate for the consideration of the House of Lords,
without whose assent no measure nor question could ori-
ginate in or reach the House of Commons. He well knew
that the House of Commons, as the popular and representa-
tive body of the State, would never submit to be thus fettered
and incapacitated from independent action. He would pray
the House of Commons not to enforce fetters, such as they
would never bear themselves, upon convocation, the noblest
municipality, the most intellectual, the most justly
honoured popular and representative body of the
United Kingdom, peculiarly adapted as it was by
educational attachment for the government of the
university. How would this measure affect the rela-
tion of the university to the Church of England ? The
convocations of Oxford and Cambridge were the only means
of expression left to the Church of England, but now they
were about to constitute a new body, large enough to be the
rival of convocation, in which body it was proposed to vest
the whole powers of initiating measures for the government
of the university. It was proposed to constitute a nomi-
nated body of residents in the university to whom would
be given a direct power of controlling and preventing the
action of convocation in the government of the university.
By this means the great body of the Church of England
would be deprived of the means ofregulating the education
of those who were to be its future clergy. Convocation
was a most enlightened constituent body, the best adapted
for the government of Oxford University of any that could
be created—it constituted a direct connection between the
Church of England and the university, and yet they were
about to interpose a third body between convocation and
the university. The excuse was that this proposed body
was necessary to elect the hebdomadal council ; but it had
been clearly shown that no such necessity existed. It had
been shown that the hebdomadal council might be more ad-
vantageously constituted by the election of three several
parties—the professors by the professors, the heads of
houses by the heads of houses, and the remaining third by
convocation. If this last privilege were not conceded to
convocation they would cut off completely—as he believed it
was the intention of the Government to do—all connection
between convocation and the university, by interposing be-
tween them the proposed new body of congregation. It
happened that while he was at Oxford the Tractarian
movement had commenced, and he might be permitted to
say that no danger more serious had ever threatened the
Church of England. It had been the means of transferring
to the Church of Rome some of her ablest members—men
who had since become her most bitter assailants. Now,
had that danger, he would ask, arisen from within or with-
out Oxford, among the non-resident or among the resident
members of university ? It had had its origin within, and
it was from within that it was proposed to constitute that
power which was to interrupt the relation between convo-
cation and the university. What was the history of that
great danger, the rise of Tractarianism ? It had been op- '
posed by that hebdomadal board which it was at present
sought to abolish. It would have been crushed by convo-
cation, which the measure before them proposed to super-
sede, had it not been for the interposition of the veto of the
proctor, which was about to be retained. Now, looking
back at the last great danger which had threatened the
Church of England, he should ask the house to pause be-
fore it consented to deprive the government of the univer-
sity of its free and popular character, derived directly from
convocation, the fair and honest representative of the
Church of England. Such were the constitutional objec-
tions to the scheme under discussion. Nothing could be
more unlike the old congregation, which had long since
lapsed into being mere form, than the novelty which it was
proposed to raise up and endow with its name. That was
a novelty which had been created by the Government, and
for which they had no sanction from the university what-
soever. On the contrary, the opinion of the university, so
far as it could find expression, was in direct opposition to
the proposition of the Government. The petition of con-
vocation to her Majesty prayed for powers which her Ma-
jesty might have given consistently with the constitution of
the university and her right as visitor, had not the Eight
Hon. M.P. for the University and the Government advised
her Majesty to refuse. That petition stated that convoca-
tion desired to preserve the hebdomadal board, but to con-
stitute another board, elected from convocation, to partici-
pate in the initiatory power which the hebdomadal board
possessed. The petition prayed for nothinglike the consti-
tution of this new congregation, but for an organisation
totally dissimilar ; in fact, for power to appoint n delegacy
of convocation to perform the functions of which the Go-
vernment would deprive them. It had happened upon two
most important occasions before that convocation had given
expression to opinions in which the right hon. gentleman
the Chancellor of the Exchequer had not participated. Con-
vocation had petitioned against the Jew Bill. The right
hon. gentleman had upon that occasion stated that he felt
sorry to be obliged to differ from the body which he repre-
sented; but that really they must leave matters of legisla-
tion in the hands of persons whose province it was to deal
with such questions. Convocation had also been opposed
to the Papal aggression, and in favour of the Ecclesiastical
Titles Bill. Against that measure the right lion. gentle-
man had recorded his vote. Now, he should Fut it to the
house to say whether, when it was taken into account that
in those two marked instances the right hon. gentleman
hal differed from the opinion of his constituents, there
might not be some natural bias in the mind of the right
lion. gentleman towards choking the expression of senti-
ments which were not always bound to be in accordance
with his own. He should, in conclusion, once more re-
mind the house that in the clause under their consideration
the free action and integrity of the university was to a great
extent involved. (Ilear ,hear.)"

SATURDAY,

A prolonged discussion terminated in a division,
when the amendment was carried against the Govern-
ment by a majority of 102 to 140-13.
Some time was spent, and another division taken,
for the purpose of adapting the phraseology of the
clause to the amendment thus passed, but before that
operation could be completed it was agreed to post-
pone further progress until Thursday.
The committee sat again on Thursday, when the
discussion of clause 0 was proceeded with.
Sir J. PAKINGTON moved an amendment, substi-
tuting Convocation for the proposed Congregation
in the constituent body who were to elect the sit
Convocational members of the Hebdomadal Board.

Lord J. RUSSELL urged many reasons for preferring
the proposed Congregation. That body would consist
of experienced, active, and resident members of the
University, and was, he considered, much titter to
exercise a control over its government than the Con-
vocation, which comprised two or three thousand
electors, who were scattered over the country, and
might not have visited the University for venty

years.
Mr. HENLEY feared that the power entrusted to
the Congregation would practically fall into the
bands of a narrow oligarchy. He preferred the
wider constituency afforded by the members of Con-
vocation.
Mr. NEWDEGATE praised many of the past acts of
the Convocation, and denounced the proposal for
superseding its privileges.
The CHANCELLOR of the EXCHEQUER denied that
Convocation would lose a single privilege under the
bill. For the new function of electing certain mem-
bers of the Hebdomadal Council, it was desirable to
find a constituency which should include and repre-
sent the woikiug power of the University. Such a
constituency, he contended, was provided in the sug-
gested Congregation.
The relative merits of the Convocation and the
Congregation as an electoral body underwent a long
discussion, in which much vehemence was at intervals
displayed by hon. members. Ultimately, upon a
division, the word " Congregation" was adopted by a
narrow majority of 192 to 176-16. An addition was
made, providing that the Vice-Chancellor, or his
substitute, should be the president of the Hebdoma-
dal Council, and the clause was then finally ordered
to stand part of the bill.
Three other clauses were afterwards disposed of,
the committee leaving off at the 11th without ap-
pointing a day for resuming progress.