The British Press; or, Morning Literary Advertiser.
London, England, 1818-05-09 00:00:00

CA WO MINI'S.

Calmat! P. Bot.o bevoeht ap the Pelmet of the Corti-
unitise apitaiatell 'umpire iota the attegaliatte of the Pe-
tenons atrastset the duties WI Pruned Cuttatua.—Ortleted le
he use the table.

HAWKERS AND PEDLARS.
Lord IVALTOLr. preae•lett • Petition front Rings Lyntit
swaying ■n Amendment i• the Hawkers ■ud Pedlars set.—
Ordered to lie uo the table.

MIMI

Mr. F. DOUGLAS had no disposition to prolong
the debate ; but he laid seen iii the public papers
that his Noble Relative hail been accused of partia-
lity in disposing of Crown leads, and he could not
forbear rising to repel the charge.
Mr. linsktosdn said, the I-Pon. Member (Mr.
Brougham) hid dwelt on the favourable terms
given to a Cabinet 511iiister (we suppose the Earl
eir Westmorland) and to a Noble Earl (Loin&le),
in their contracts for these lands; but he could
state, that iii troth of them every attelition had been
paid to the public interest, and it was not till after a
long discuss' that the terms proposed by Govern-
ment were acceded to. 'rlie Honourable Gentleman
had affirmed, that the lands purchased by the
former had been the unqualified property of the
Crown ‘• but so from that being the case, the
Noble Esrl4e ancestors had i 111 l uemorially enjoy-
ed the right of the soil, and of cutting down, cer-
tain descriptions of timber. Had they hero put
up to duction, so good a bargain for the public
could not hate been concluded, as they were of
eery little use to any one except the Noble Earl.
The barony of Kendal had been leased by the
Lonsdale family heady two centuries ; it was that
species of property, consisting chiefly of tines and
quit rents, that it was most desirable to alienate. It
bad not brought in to the Crown more than 3001.
a year. Having befit valued by two surveyors at
11,0001. it was offered to Lord Lonsdale at 14,000/.
as the lessee in being, and it was not unreasonable
that a discretion of making the first proposal to old
tenants in preference to stranger% ithould he vested
in the Crown—on this ground miniher otter of pre-
emption had lately bees' made en the Member for
Banff, ss the present lessee. Before opinions were
formed, Hou. Gentlemen ,lioold wait for the papers
conneeted with the sublets. and the House would
then be eonvineed that the property had been
turned to the best account. He hoped the matter
would be sifted to the bottorit, iii order to let the
Country see that Ito irregularity had beeu corm.
Colonel Losrrncis asserted that riot a shadow of
ream', existed for calling into question the fairness
of the contract respecting the barony of Kendal.
BRO UGHAM said, he would take art oppot-
twiny to wove fin the documents alluded to, un-
derstanding thereby all the papers that could throw
any light on the transaction*, particularly the Mr.
respotrikuee between the surveyors and the officers
of the Crown. He hail tert 'mewled to bring Fifty
charge against the Noble Lords Whose tonnes had
been tneetionell ; they were right to endeavouring
to snake the best bargains for themselves they could.
His ceusire had liteu aimed at the Crimu Officer:.,

k

cases, if any minuet parliamentary grin.
he Made, the spirit of private benefaction might
be relaxed—the donations might dwindle away
to little or nothingand the trifling fowls still
raised by the coutributi 111 l 1 of individual. be Hp;
plied to little or no useful purposes. Where
such societies existed, their could be only one
reason for useful ititerfrretice by Parliament, and
that was, to reside skein to raise school-hotisis,
there being a difficulty iri theintelees or urticarieg
a large sum as an outfit for that purpose. The
House would be surprised to hear the statements he
was prepared to make, of the liberality of the peo-
ple in populous towns. Hi* it,formatinfi tette derived
from papers. With which the Committee had beep
favoured by Mr. George Dyer. It would appeak
by these, that towards ilie end of Queeh /tune's
reigu.io 1713, 4,752 persoull were ethiceted in Lone
die), exclusive of children in endowed schools, at
an expense of 8,85 g produced by subscriptions
at charity /elisions. and the other channels of psi:.
vete benevolence: For that sum they had been
completely taught and Clothed : and u few besides;
about a hundred or two, boarded. The papers were
chiefly curious, as spewing the charge of education
at that time, contrasted with that at this day. Two
schools its the metropolis afforded canes for a com-
pa►ison exactly parallel:—raelt einitaiiiing the same
number of children—excepting one, all clothed and
taught. The school in Queen Anne's reign wits
supported st ■u expense of two hundred mud
twelve pounds; that in tire year 1816, at 1,1100/.—
Stich were the particulars with respect to our brand'
of the subject, the education of die poor in great
towns: He now came to ronsider the question as
it regarded villages and small townie On thie
point, the inquiry of the Committee had uniformly
led to this result, that, in the most remote districts.
individuals, whether they had the meatus or not, were
influenced by a itreititousilesire to pertitiltite in the
advanteges of education. The Committee had re-
cently issued a circular, directed to the Clergytnen
throughout the country, and, in the course of a few
days, 6,000 answers laid been received Oa the Matters
to which the circular related—and, lie conceived.
that great credit was due to those who had attested
themselves to afford information to preMptly. Hy
conspiring these answers, lie foetid the general ree
suit to be, that, throughout the country, the great•
est desire existed to reap the benefit of education.
In places where the Dissenters were mum-nits, they
had an opportunity of erecting schools for the edu-
cation of children whose parents adopted diisenting
teuets—but, where the school wits founded by in-
dividuals connected with the Established Church.
such children were excluded. lit the smaller towns.
where Dissenters were few—where they were pre_
vented, by the lenient of numbers. from resorting
to subscriptiosni for erecting schools—the
of Dissenters were prevented from retching
educating which was so much to be

this particular point be i•hutiltl feel it !o
to call the attention or Parhainvist—seici.
be blioult.l Le able to devise a measure

topeCt, e•uuld benefit the MOM rrulote

Win I CT.Ur I UK-
•••41le Chl i tit
.eertsitug ohm
devired.
bv his duty
lid. lie hotpot,'
which, in this
mote lea

iptoputous part of the country.o.f There was Atte a
--,consideralsk mist Is the House.)--He kared that
this subject was tiresome to the House-/Heir.
• Amfp-for Gentlemen who delighted only in party
questions-or oho gave op their snootiest to
breeches of privilege, and matters of that kiud-
would probubly be very little interested by a gen-
tian which related merely to the poor of the country.
hear.)-His wish was. that schools, sidti-
'ler to parish-schools, should be established in remote
dud thinly-peopled districts. This was the feeling
of the late deeply-to-be-lamented Mr. Whitbreaa-
und it was melancholy to reflect that Mr. Windbatn,
an individual whose wit and talents no man could
avoid admiring. at the very time, if he might be
allowed the expeessin, that he was deceiving him.
self, opposed the extension of education among the
poor. He was followed by a number of servile imi-
tators. who, without his genius, adopted his erro-
neous view of the subject. That feeling had, how-
ever. died away-all individuals now agreed iii the
necessity of educating the poor-mend the only dif-
ference of opinion arose from the with to afford, by
'the eeriest means, the most excellent education.-
(Hear.)-The necessity of education had been
early taken up by the Parliament of Scotland.
110 far hack as the year 1494, an Act of the Legisla.
ten of that comparatively small nation, provided,
that the sons of Barons, &c. should be nut to a
grainmar.sehool to acquire • knowledge of the
Latin tongue. This was long before the subject
lead been taken up either by the Legislature of
IKnetand or Ireland. In the time of Charles 11. in
W 32, parish schools were introduced-a system so
cheap, that he conceived it ought to be universally
adopted. The raising • building, in the country.
little better than • bens, would create a very trifling
exiseuse-and, in small towns, would not exceed
11001. or tiSul.-to which was to be added the pen
memos eXpeme of a school-master, origiwlly not
more than 101. at present shout 24/. per annum.
This system of parochial schools was generally
adopted throughout Scotland-and from it that
cenutry had derived the greatest advatibige. The
people of Scotland were characterised by some
principles. on which lie would not dilate.-44
laugh.)-Oit some points. relative to them, there
ungist be a division of opinion-but all persons
sounded to them this Invite, that. in general, they
rujoyed the benefit of an excellent education, to
which might be attribared their fitness in life.
The late Mr. Perceval, *bee be opposed the pros.
position of Mr. 11' hitbreed, stated that his objection
rested on this ground-that the measure was pre-
mature-that. before it was iatroduced, . the
Howe ought to have the opines of a C 0...
millet as the subject. They hod now proceed.
est on this principle. From the !abeam of
elle Committee above stairs. which wen oot yet
concluded, the House wens' hare an opportunity
of knowing how tburitable funds were disposed of-
whetlibuns had crept lath unix adenoid minis--and
what part of them *as 111416Cabb to die education
ts, the poor. Under Gilbert's Act, peeked in 1786,
which *stied fur accounts of the various charitable
funds. the returns were very imperfect. It was
necessary that these returns should be corrected. It
operated from them, that there were between') and
600,000/. annually applicable to thatinble Ines. But
lie was convinced, if the false returns-the itegli.
geuce of individuals-the actual abuse of charities
--and the errors in trustees-wen rorreeted-if all
the property intended for charitable purposes were
beneficially expended fur the pour--inotead of
4410,04/0/.. they would find that not less then
51,300,000/. were applicable to that object. This
subject was nearly connected with the question (the
Poor's L iws) which had lately so much occupied
lion of the House. The first law on the
settleoututytlist of Blinbeth. was fol.
for inquiring into the abuses that
charities, which, in his view of the rub.
ural. In 1786, Gilbert's Act was
was intended to effect the same oh-
' not succeeded so well as could be
would now, with permission of the
to a few of die abuses which the
discovered. 'lke .labours of that
not terminated-our did he think it
Report would be presented this Ses-
that account it was that he wished to
• some of the facts that bed coma to
in consequence of the mowers
le which he had before ells.
innate, they found that. in the
4,,ea were bequeathed for the par.
Site maintaiu a school in Berkshire.-
leads were purchased to the amount
moaning pool, being. he supposed,
necessary expenses connected with the
ke rent of these hands amounted in
i roe, being less than five per cent.
_ purchase-money. A year and a half
lands produced only 101. • year mere
beinghtillamodiately after they were par.-
) years ogis. The trustees, in the time
`l. acted fairly, and procured wear five
theledator's monep-but the less care-
, officiated in the time elf Gee. 111.
acted well, if they let more lands, an
rose. at a rise of lid. more titan they
A the time or Charles 11. Since that.
the rent had been doubled-and, of course, the
alone did not exist. in its original extent-but, still
lie conceived the sum paid was uot adequate to the
property leased. lei the same county • tract of
charitable land was rented at 4501. • year, which a
surveyor declared so be worth 1,000?. per ann. In
the county of Hants, there was property bequeath-
ed fur charitable purpses, worth upwards of :40001.
a year, which let for little more than 3001. It was
let on fines-.,-but how they were disposed of
-who received the benefit of them-no one
would or could tell. Petitions were presented on
the subject-persons connected with the charity
endeavoured to 6iid out the secret-but all book*
and vouchers were refused. in the same corpora.
tiou was vested the right of apiwopriating a runt of
1,0001. which was generally known by the name of
111listr's Charity. Sir Thomas ‘Vhite bad be-
queathed 24.000/. to be distributed in different
ways. His bequests, in general, extended to the
sum of 1,0001. which was to he lent out, he be-
lieved, without interest, to indigent tradesmen.
AVlust the corporation in question did with one
moiety of the thousand pounds intrusted to theta,
he knew not-perhaps they laid it out according
to the will of the testator ; but lie knew very well
what they did with the other moiety. They did

hot give er lend it to poor trariestnene-but they
used it in paying off their own corporation debt.
they stepped ire, and betting borrowers of the
money. Which theybrodell ahoy to. their 'creditor,
it the same time entering Istt Their books a IMO*
marvelktus recoMmeuditem lb their midmost to
*db the tsetse.—(beer./.Ane held In his hand
somewhere 'bout forty or flay 'eases of this hind. se-
lected froth the returns made to the 'Committee
above stairs. Any Gentleman might attend that
Codunittee. I%e would unddobtedly mean immense
mass of correspondence—but. owing to two Leong-
ed Gentlemen, who gave the utnidet attention .to
the subject. every information was readily .forded
—and, therefore. helhould trouble the House frith
but a few more cams. The clergraau of a pariah in
Devonshire fettered, in answer to an inquiry as to
the funds air school, " that they were known only
to Mr. Such.mone." In another instance the oil.
ginal fund was stated to be 1501.—halfof which was
lost by misnemegetnent. Again, an instance oc-
curred, in which charitable lends were let ou a
lease of 9r3 years. which. whether a Sae was or
was not taken. was a gross ahem. In Norfolk a
• school was founded. in r6OB, for the education of
boys—but no bnysi were now educated there. The
' estates• produced 100/. • year. The person who
made the return, observed, that this was " a mat-
ter of mystery." He did wonder at his making
this remark, when the funds were 300/. a-year
~--and the scholars ail. In another place, where
• school had been founded, the master hail not
taught for ten years' =the truStees were all dead,
mid uo new ones had been appointed. flit could
mentiou the trines of individuals, in all these cases
-1-bet he 'did not wish to do so—and he believed
the rehltries were, in fact, considerehly below the
truth. This circumstance wet naturally 1/c.
counted for by feelings of good neighbourhood.
—lt was better. he conceived. not to intro.
duce usines-Lbeeause, no maitre hoer, whatever
was said in that Home found its way into the
country: and iudividuals would probably feel Bore
if a disclosure of their mimes was made in that
manner. They wattle pertraps ttniplein of misre-
preseutation, wltkh they could oat do, when ell
the documents *felt published. It was better
therefore to describe those case. Kennelly until the
Report was flesishedz.L•when 'every person concerned
would have an opportunity or defending himself.
In Ch eshimb • dchuol. originally established for the
erlocatlon of 4:5 boys. now afforded educatiou to
70—suit, so extensive were the funds. that 1,0004
s-year also found its way into the pockets pf sot
divides!. What lie submitted to the Moine was,
that, if any thing could justify the interference of
the Parliament. it was the case of a charitable be-
gnest intended for the education of 45 children, but
noel grown so enormous as to atiiird education to 70
persons, and leaving a surplus of 1,0004 to be placed
to the pockets of an indiridnal. whom the testator
never could have contemplated. A free school
existed in the county of Nottingham, of which the
Kev. Gentleman who made the return relative to it
observed, that " lie hail no doubt it was grossly
abused—that the trustees acted from Mister mu-
tives—and that they gave the schoolmaster. hush.
mewl." In Leicestershire there was a charitable
schoul some few years ago, and it was certain uu
such school now existed. In Derby, the Clergy.
'tutu of a parish, in answer to the inquiry. " she:
ther there were any charitable funds in it 1" said,
" there were none"—bat observed. in a note. that
Lord ----,, and his ancestors, fur 06 years, paid no
rent to the Charter School, whith they ought to
have done. On this suhject he would say a few word,.
in explanation, presently—fur lie imputed 110 blame
to the Noble Lord alluded tor Another curious coke
was this--au individual looking over a county
tory, discovered that at one period a school was eu-
flowed in his neighbourhood ; he made inquiry into
the subject, but could discover no traces of it, and,
in consequence, he applied to ilacl;onsistorial Court,
at (;auterbury, for a copy of thifwill of the indivi-
dual who had made the bequest. The' will was
found. and it was discovered that very considerable
provision was made for the support of the school. It
war indeed ascertained that those who hail taken
possession of the funds. did, in their own name,
support a school out of them—but he objected to
this mode of relieving the poor at secorid.hand.—
Toe upwards of 30 years, since Gilbert's Bill WAS
pawed, the Legislature lied not interfered with this
subject—and it was now high time it should be at.
tended to. The Report of the Committeei in con-
sequence of which Gilbert's
.was introduced,
spoke in the strongest terms of the abuses that had
crept into charitable fouudstions—and Lord Kenyon,
when giving judgment in the Mandamus case of
the King v. the Arehhishop of York, commenced
by observing. " that of more attention were paid to
charitable bequests. they would not so eften see
mere empty wal le, w here there ought to be scholars—
they would behold a seal for the advancement of
education. where wow .they could perceive nothing
but an anxiety. to smalls money." The Learned
Gentleman then proceeded to answer those clamor.
ous individuals. who raised an outcry ageism% Ibis
measure, as one that went to interfere with. private
properly. Ile would tell those persons, that the
. law or Briglaird considered the property of the poor
to be no inure private property than ;het of the
Church or of the Crown—and, where the poor could
lint protect that property, the Crown ought. The
39th of Elisabeth dealt with those funds, as if they
we're Crown property. Who ever. beard of a com-
mission to inquire into the state of private property ?
No such thing. Aud yet, by the statute of Eliza-
beth. the Lord Chirsiceekt might issue a Commis.
won of Charitable Use., to se y, part of England
! where an abuse of the pour', gingerly might be
supposed to exist—is cominiveme lip smpeonel a
.Jury—to examilie rights—to make seders, decrees.
amid judgmaiite. Ifere .was • Cowl whiclt stepped
•is between the proprietor and the poor, in order to
see that he used, for the benefit of the poor. the
funds which his ancestors devised for Unit purpose.
ifith of the King, commonly called Gilbert's
Act. operated its lake manner. Who ever heard of a
private individual been called on to mote his income.
within four mouths from a given time. under the pe-
nalty, if lie refused. of losing use ball of it by • gni
tons action ? Such a thing was newer dreamt of. 1 be
principle was uncoustitutional, and was sever acted
on, except under the Property Tax—and one res.'
son why it as, repealed was the uncoustitutioual
powers which it vested in Government. But, by
the -26th of. the King, a potion possessed of any
fund. rent.charge, real of land, Ice-simple, or

money. which ought to Ire applied to charitable
purposes, was bound, under a severe penalty, to
account for it. Of exactly the same description
were the two Acts of the Sid of bit Majesty. By
these, the Lord Chancellor, on the petition of two
persons, might direct an inquiry into the whole of
the estate suspected to be diverted from its proper
'purpose. The corm:son low of the land and the
statute law, as well as the uniform train of deci-
sions in &arts of Justice, directly negatived the
pretence set up, that charitable funds were, in any
wise, private property. Ile now came to notice
some of the provisions of the Bill. It did not go to
empower Commissioners to look into deeds of
' private nature. Only where the whole of a deed
related to charitable property, would the owner
be called on to produce it. Where a part of
it respected such property, and the remainder
concerned his private affairs, he would merely
be called on for an attested copy of that part
relating to charitable funds. In the case of
agents, trustees, and niortgsgers, provision was.
also made to prevent the disclosure of private mat-
tears. The power to commit was also narrowed as
mach as possible. Without such a power existed
in the Commissioners, it was in vain to think of
Aoing good—but an :additional check wail provided
against the abuse of n; over and above those eau-
boated in former acts. With respect to the Uni-
versifies, many objections had reached Ilan from
various quarters. They did not satisfy hins,of the
propriety of exempting them. That the dignity of
thole bodies wontd be offended by the measure,
was • fallacious argument. Their dignity would
be most effectually secured by throwing open their
doors to inquiry, instead of suffering soy thing to
be concealed in darkness and mystery. Ile was
not aware of the weight of those objections —and
he was sorry that the Universities were not the
frst to claim the benefit of 'he Act, instead of
introducing them. He would, howeier' pro-
pose a clause for exempting them—and he re-
conciled himself to this, on account of their
peculiar situation. Abuses in obscure founds.
Solis were not easily foetid out—and few per.
Irons would be found reedy to file a bill in order
to bring facts to light. connected with them. But
every one knew that Oxford. Cambridge, Eton, and
Wischeeter, bad great endowments, end they were
open to general csivservdlinan. The 43d of Eli-
sabetlk, it sliodld be observed, was occasioned
i by abuses in the Universities, ns might be
seen in •' Dero's Jouruals," where a history of
the bovines was given. A Bill was brought in to
remedy those abases, whith passed the Commons,
and was sent op to the Lords. The Archbishop of
Canterbury brought it bsck Irons the Lords, with
a proviso, expressly exempting rise Ussiveraitiett,
the abuses in which it wet intewled to remedy.--
luegh.)—This was one of the most extruirdi-
nary pieces of legislation On tecord. It might be
asked, " Why not (save rebeurse to commissions,
as our forefathers had The fact was, that this
wieldy and (maonna machine had grown into
use. From the of Elisabeth, when commis-
sions were first legalised, np to the present time,
only %4 hod issued. trim ifto to 1819, only
three had been called for—and of these but one
occurred from 1785, the period of passing Gil.
bert's Act, to the pr ese day. It was admitts d
:by every one abuses isted. But then those
who confessed it said, Aye, but you have yoer
remedy ilt Chancery—file your bill, said they,
in Chaticriy. It was not possible to forget what
bail once been so humorously said by Mr. Erskine,
now Lord Erskine, tb a certain Judge, who ac-
quaioted a plaintiff that there was no relief for him
in a Court of Law—he therefore most go for it into
Chancery. Mr. Erskine asked very gravely, to the
great asintsemt sit of the common lawyers then pre.
sent, '4 And can your Lordship serioUsly meals to
send a fe I low-creature there?"—(Larghiler.)--When
they did appeal to Chancery. what wet the conse-
quence ? They received no redress, which wuabons
dandy instanced in the case of an application to Chaos
eery cm the part of the charitable foundation of
Itavcusby, in Yorkshire. After being in that Cried
a year, a decree lord been obtained in 1803, refer-
ring the case to the Master. In 11104, the Master's
decree was pronounced. to which an exception was
tendered on the part of the Defendants. Long. and
tsb douitt most iustrnctive and elaborate arguments
were entered into from time to time, and the Court
war, its 1899, reprtiented as ripe for decision. as well
it might. Ever since that time, however, the
cause hiss stood first upon his Lordship's pa-
per, and has never yet been decides!.—(
To render inquiry therefore efficacious, he 'imposed
to depart from the old practice, and constitute such
proems couunisaiotters as would be dispOied to do
their duty with alacrity, public spirit, and resolu-
tion—shuttioitheir ears to no representation, either
from respect to the parties inculpated. or suspi-
.cion of the source from whence the Information
had been derived. Notwithstanding be had stated
what had come to his knowledge, respecting the
enormous deficiencies thus created in the funds for
the education of the poor, by negligence or tramp•
plicatioti of charitable revenues, he knew that in
most cases slot absolute blame could be attached
to ally person, but that it often arose from a deli-
ciesicy in the trust, or previous negligence in filling
up the number of the trustees, by Which means the
trust was sometimes altogether lost, and the parties
holding the chargeable lands felt uo interest in the
revival of the trust to his manifest !prejudice. He
could tint conclude without expressing the gratifi-
cation be had felt on discovering the amusingly
beneficial and highly end Owed establishments for
the education and maioteminve of the. poor, originat-
ing in the munificence of the English people, toge-
ther with the great efforts cositutued to be made
by the system of voluntary and individual subscrip-
tion for similar purposes. These foundations laid
nut for their origin the Noblemen nor yit the States-
mess of the day, desirous of compouuding with the
stiugs of conscience by refunding some part of
official spoil ; but the hottest, fow-born trades Man,
who having made his way to comfort and affluence by
means ouiy of the edvantsge derived from a toles.
ble education, sacrificed upon the noblest principle
of philanthropy the interest of his immediate con-
nexions to the generous purpose of assisting others, in
his former situation, to the means of obtaining that
inestimable blearing, education.—(Near,
How many thousands had he known whose active
benempteuce led them to sacrifice their repose by
night, their ;Profits or avocation, by day; to the great
• wink of feeding the hungry, clutliiiig the naked,

' ~:yr

•

, , . •
.and dispersing the blessings of education around
them !—(Hear.)-01 this circoinstance every Eng-
lishman should be erotic', became it wee the legi-
timate consequence of the free Attire of our ines-
timable Constitution. Where the despot had reared
his throne might he found polities or hoseitals of
immense magnitude, nominally for the aecomnui-
dation of the poor, but whose foundation had not
been laid in charity, but in those sums which had
been wrung by oppression from the Very vices
of the rich by a sort of perversion of the order of
things, endeavouring to produce good out of evil.
or, what was worse, from the hard earnings of the
industrious poor. There was nothing so destructive
to public spirit and public charity, as the idea that
those who contributed to these establishments were
not permitted to have that constitutional itiguence
mid control over the management of the money so
appropriated, to which the sacrifices they had made
ought in equity to entitle theft —(Applause for
a considerabk
Lord CASTLEREAGH had no disposition whatever
to oppose the Bill ; its objects were most desirable
• in a national point of view ; and he hoped the Hon.
and Learned Gentleman would not depart from
the principle upon which the • Bill emanated from
the Committee appointed on the subject, nor at-
tempt to check the spirit of individual and volun-
tary charity, which was the great artery which fed
all the channels and ramifications of the system of
improvement in the lower orders, and which so
feelingly responded to the
.public sentiment and
independent turn of mind peculiarly the cha-
' racteristic of the people of England.—it sunlit
be admitted, the greater the number of charities.
the greater the opportunity or their abuse. But he
was certainly of opinion, no system would prevent
abuse so effectually, es an active and intelligent
Board of Commissioners. He regretted the Hon.
and Learned Gentleman had leaned so very hardly on
the Statute of Elisabeth and the Court of Chancery.
It was obvious the Commissioners, however, only
could inquire and make a suitable application to
that very Court of Chancery which he had so deeply
arraigned. The insinuation against the Court, too.
bad proceeded upon an ez-purse statement of al case
as yet Unexplained. He feared there was little
probability of ever attaining those two desiderata
in such casts—namely, an equitable decision
in very complicated eases, combined with expe-
dition. He here would protest against the charge,
as not warranted by the facts stated. if the
Bill should materially step out of the line 'proposed
by the Committee, he should withhold his support
from it. Much good might be done by the inter-
ference of Parliament. if it was only to quicken the
pulse of exertion in those who had the management
of foundations of this nature—Mewl—and much
might be expected from intelligent active Cointuis-
siotiers. The foundations, though public property,
were still private property as to their restriction to a
particular trust, from which they could not he di-
verted.—(fieor.)—He felt a very strong objection to
the proposal to take the superiutendance out of the
hands of the Crown. What had been done as to the
appointment of Commissioners of Naval 'lnquiry
had on in a spirit of jealousy of the Crown.
which he hoped never to see cause to revive as ne-
cessary, in the opinion of the House.—(lieor.)—
He thought it would. in this instance, be a pro-
ceeding highly derogatory to the Crown. not to
proceed as in the appointment of a similar inquiry
into the Irish foundations, in ree6, which had
completely effected all the purposes for which
it bad been appointed. It was, however, im•
possible to combine inquiry and remedy in these
commissions; and if it was intended to render
it effective, considerable expense would be sir
rurally incurred upon a scale of suds magni-
tude as the scrutiny of these charities all
over thgland 'VW Wales. Mitih of this exprese
would suturally fall ' upon the House to make
good. The Commissioners should he constituted
partly of professional, intelligent, and active mein-
berg, and partly of persons of high rank slid
consideration. He hoped the Hon. and Learned
Member woutd' so frame the Bill in the Committee
as to make it consistent with his view of the subject,
to lend him all the advantages of his support, which
Ise should find him. is that case, most prompt to
afford to the enactment of the Bal.—(Hess, hear.)
Mr. Bitoucttalt explained.
Mr. Fosters supported the Bill, as far as it pro-
ceeded upon the principle of the precedent adopted
with respect to the Irish Commissioners, to the effi-
cacy of whose labours he bore the fullest testimony.
Mr. F. Rboixsou wished the school of Harrow
to be included in the exemption from the operation
of this Act, arguing upon its character hrvisig
been exempted from all blame in a late recent
inquiry respecting the appropriation of its funds.
Mr. BROUOHASI said, the fact of its having been
`impeached, slowed there had been some ground to
suspect it had been misconducted.

Mr. PEEL argued in favour of his Hon. Friend
(Mr. Robinson) fur the exemption of Harrow. and
stated that on that occasion it had been proved to
be the will of the founder, Mr. Lyon, not to von.
fine the purposes of the school to the education of
the neighbouring poor.
Mr. AlaaeltoMlT, at considerable length, Orli-
hatted the principle applied to Harrow, as appli-
cable alike to various similar, or less important
establishments. The appointment of Commis.
'loners was one of great importance. They shOuld
be actuated with the vigilance and astuteness of in-
quisitors. devoting themselves exclusively to this
great object. For this -reason he could not sap-
port the proposition of the Noble Lord, to intro.
duct amongst them any practising Barristers.
There were retired Barristers, who might with
advantage be employed, although he feared they
would derive very little assistance from certain per-
sons of high rank and consideration, whom it had
been said ought to be enrolled upon the Con.
mission.

Lord CASTLEREAGH and Mr. ABBSCROSIST ex.
pion ned.
Sir 'JOHN NSWPORT (in a very inaudible tone of
voice, owing to extreme hoarseness) argoed fur the
Bill in its present shape. contending that moue of
them foundations should be excepted.
Mr. BROVOINIAM and Lord CASILIRRACIII again
explained. and the House agreed to go into Com-
mittee en the Bill.

In the Committee, Mr. BROUGHAM stated that
it was the intention of the Bill only to exempt the
Univerfities, and the two great Schools of Eton and
%Vineheater, from its operetiou.

ICN f 1 t
`,
„
C\

. ,
Mr. F. RORTIISON moved, that the School of
Harrow be included in the exemption front the
operation of the Bill.
Mr. Mims felt hidiself authorized, on the same
principle, to move for an exemption in favour of
Rugby school.— (A laugh.)
Mr. 1164112 re would do the same for the Shrews-
bury school.,
Mr. HARVEY intiinated, that he would call for a
similar exemption for the Norwich school.
Sir M. W. RIDLZY said he- would do the same
for the NeWcastle school, where the Lord Chancel-
lor and his distinguished brother were educated.
Lord CAS*LEREAGR, said, that he would vote for
the exemption of the Harrow school, and perhaps
for that of the Rugby, but beyond those he thought
the exemption inexpedient. —(A laugh.)
Mr. Loczeaftz said, that if the exemptions
timated were allowed, it would be better at once
to refer to the outline in the Report of the Com-
mittee of 1814, which, after exempting the
diffe-
rent public foundations, made a similar reservation
in favour of the sehools of Quakers and Jews.
Mr. Bftovoitast ridiculed the idea of the Bill
being made operstPre, if these exemptions were ad-
mitted in and of the instances propoved.—(Hear.)
The. House then divided on the exemption in fa-
, Your of Harrow, when the numbers were—
For It 3O
Against it

Majority against it 23
On our readinisvion to the Gallery, we found
Mr. C. GRANT, sen. recommending the extension
of the Bill to Scotland.

After a few words from the Lord Advocate, Mr.
Brougham, Mr. Abercromhy, Mr. Forhe., and
Lord Binning, an instruction wus agreed to the
Committee, to consider of the propriety of extend-
ing the measure to Scotland.
The House then resumed, and the Report was
ordered to he taken into further consideration on
Friday nest —and on ‘Veilnebday it was iiiider4tood
the House would resolve itself into the Committee
on the Salaries of the Commissioners.

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