The Liverpool Standard and General Commercial Advertiser.
Liverpool, Merseyside, England, 1842-04-08 00:00:00

and, whether or not, the original indentures were not to the
masters who had been compelled to leave. It was an awk-
ward situation into which the Education Committee had
got.
Mr. JAMES LAWRENCE thought the indentures were made
to any master that might be substituted for another, and if
that were the case that was not interfering with the opinions
of such masters.
Mr. Alderman EARLE.—They are indentures to be taught
certain things, which Mr. Stone does not intend to teach
them, either from incapability or some other reason.
The TOWN-CLERK.—That is not my construction of the
indentures.
Mr. PARKER had not yet seen the indentures. He had
applied for a copy. but he could not obtain one. They were
talking about the indentures, whilst he believed there were
four-fifths of the corporation who had never seen them.
Mr. Alderman EARLE here moved that the memorial be
referred to the Education Committee, and that they be in-
structed to report upon the allegations it contained.
Mr. BOLTON seconded the proposition. He thought that
though the Town-clerk had not produced his letter of the
29th of March, Mr. Earle had made out a case of apparent
injustice, fraud, and oppression. Either Mr. Stone was in-
capable or unwilling, or perhaps both, to instruct the ap-
prentices in those branches of knowledge in which they were
entitled to be instructed ; hut whatever the result of the
proposed enquiry might be, it was due to the character cf
the committee who directed the schools to see that the
apprentices received no injustice.
Mr. BUSHELL said the labours of the Education Committee
were already very considerable, and it would be hard to increase
them unnecessarily. If the letter to which the Town-clerk
had alluded would throw sufficient light upon this matter to
prevent the necessity of sending the memorial to the com-
mittee, it would be unnecessary to occupy their time with it.
Mr. CROOK was quite sure the Town-clerk's letter would
explain everything.
The M A YOR (the Town-clerk having retired for a moment)
said it was his intention to explain everything.
Mr. PARKER said the memorial read by Mr. Earle was to
have been presented by himself, as Mr. Fergie, by whom it
was first signed, and who was a member of his constituency,
had requested him to do so, and he said he would. He was
much delighted, however, that it had fallen into the hands of
Mr. Earle ; at the same time be bad not pledged himself to
support it. He had, as he said before, gone to the Town-
clerk to obtain information as to the terms upon which the
apprentibes were bound to the corporation ; the Town-clerk,
however, told him that they belonged to the Education Com-
mittee, and without an order from the chairman he could not
give him a copy of the indentures. He did not go to the
chairman because he thought that, as a member of the coun-
cil, he had a right to see the indentures; therefore, under
these circumstances, he could not tell what the conditions of
them were. Ile was extremely sorry that Mr. Earle should
have cast insinuations upon one of the rectors in the manner
which he had, for the rector, he was sure, wished to do
nothing but what was right. He hoped, indeed, that no
member of that council would impute to any clergyman a
disposition to do anything but what was right, and still less
to the rector. Before this matter was decided upon, he sug-
gested that each member should have a copy of the inden-
tures. He had told Fergie he was satisfied that justice would
be done to him if he would only let the thing come fairly
before the council.
Mr. Alderman EARLE disclaimed having said anything
disrespectful of Mr. Rector Campbell.
The TOWN-CLERK said the time had now arrived when it
was proper he should state what he knew of the subject
brought before the council by Mr. Alderman Earle. First
of all he would explain that he had always considered that if
lie held papers on behalf of any committee, he held them as
not to be disposed of at his discretion, but under the direc-
tion of the committee, unless any of them were called for in
that council chamber. The subject in question underwent
considerable consideration, at a time when a member of the
council applied to be present at the proceedings of the watch
committee ; and the subject of the papers was taken into
consideration at the same time. The gentleman applying
was Mr. Cooper. On a subsequent occasion Mr. Isaac
Holmes applied to take some part in the proceedings of the
Education Committee—he thought in the schools themselves.
On both these occasions he (the Town-clerk) was called
upon, and he gave his opinion against the parties who were
applying for privileges to which they thought themselves en-
titled. The first application made to him for a copy of the
indentures in the present case, was brought to him by one of
his clerks, and the party who applied was Mr. Ald. Earle.
He directed an explanation to be given why it could not be
furnished • subsequently, however, it appeared that Mr. Earle
had applied in behalf of one of the apprentices, and had
the apprentice along with him. The case was then altered,
and it clearly being an application for a party, a copy was
furnished. The councillor, Mr. Parker, then applied, and he
explained to Mr. Parker that he would have nothing more
to do than to obtain an order from the chairman of the com-
mittee, and to that order he (the Town-clerk) should pay im-
plicit and prompt obedience. The first directions he had
from the Education Committee to prepare transfers of the
indentures of apprenticeship, or, if the apprentices did not
wish to remain under the new head master, to cancel them,
were on the 25th of February, as follows :
" The Town-clerk to prepare transfers of the indentures
of the apprentices to the head master, Mr. Robert Stone;
and should the parents or guardians of any of the appren-
tices be desirous to withdraw any of them from the schools,
the Town-clerk to cancel their indentures. And that the
like course to be pursued with regard to the female appren-
tices and their mistresses."
Of course, the committee having given him these directions
to prepare the assignment without any controul as to the
terms of the transfer, if there was any error in the assign-
ment, it rested with him and not with the committee. The
directions being given, he addressed a note to the parents of
the several apprentices, on the 28th of February, stating—
" I have received from the Education Committee of the
Council the instructions copied on the other half-sheet, and
I have now to acquaint you, that the draft of the assignment
will be ready for your perusal at twelve o'clock to-morrow,
when it can be delivered to yourself or the apprentices, with
any explanation that may be desired."
And with this note he gave a copy of the directions of the
committee. At a meeting which took place the following
day, he received from the apprentices named in the memorial
and their parents a demand by them, taken down as follows :
" Before agreeing to an assignment of the indentures to
Mr. Stone, the head master, the fathers of the apprentices
wish to know whether the Education Committee will not
undertake that their sons shall be instructed in the rudiments
of Latin, and the elementary branches of the mathematics,
as taught by Mr. Nelson."
The next step he took was to lay this demand before a meet-
ng of the Education Committee for their instructions thereon;
.nd the answer which they directed to be returned was as
ows

"The corporation are ready to execute an assignment in
the terms precisely of the existing indentures ; but the corn- ,
mittee are of opinion that these terms do not comprise in-
struction in the rudiments of Latin, or the elementary
branches of the mathematics. However, the committee have
no objection to the head master, or any of the masters, giving
instruction in those branches if they chose to do so ; but the
committee cannot make any order upon the subject."
This, at a further meeting with the apprentices and their
parents, was read by him to the parties ; and this was the re-
solution referred to in the memorial read by Mr. Earle, as
stating "that the committee would not burden the master with
the teaching of Latin and the mathematics." At this second
meeting, Mr. Fergie, the father, read a letter, which he had
addressed to the Chairman of the Education Committee, and
concluded with expressing his determination in these words :
" I will not cancel the indenture nor execute the assign-
ment unless the corporation engage a proper person to teach
my son exactly as Mr. Nelson taught him ; Mr. Stone is not
that person ; he is not capable."
This determination being taken down was read to Mr. Fergie,
and confirmed by him. Mr. Fergie then applied for a copy
of the draft of assignment. The other parents and the ap-
prentices, (with Mr. Fergie's son, six in number,) all stated
"We will abide by what Mr. Fergie has said." Thus as to
these apprentices the meeting ended. Drafts of the assign-
ment being ordered, then the letters read by Mr. Earle, in
the memorial, were written by him to the parents. On the
19th of March he wrote to the parents as follows :
" You have been distinctly apprised that the corporation
have been (as they still are) willing to join in an assignment
of your son's indenture of apprenticeship to the new head
master, Mr. Stone, which deed would be prepared in the
terms of the original indenture, and according to the proviso
therein for such assignment upon a new head master being
appointed by the council. As your son, acting with your
approbation, has declared his refusal to be assigned to Mr.
Stone, I am directed by the Education Committee of the
Council to state, that it necessarily follows that your son's
attendance at the school cannot, under these circumstances,
be continued."
Here he might have stopped ; but, as copies of the draft of
the assignment had been applied for, and he wished to give
the parties time for repentance upon the subject if they should
be so advised, he wrote them this note :
"As you have requested the draft assignment of your son's
indenture, I send it herewith, willing to give every informa-
tion, though, after your son's refusal to be assigned to Mr.
Stone, it cannot be of much value, unless that determination
be altered."
He thus showed that the door was still open for accommoda-
tion, if they thought proper. He had supposed they had
thought better of it—at least he then thought so ; but he did
not know how this might be upon a consideration of what
now appeared. The assignment which was prepared was
drawn, according to his opinion, precisely in the terms of the
original indentures. The original indentures were different
from ordinary indentures of apprenticeship, which in their
nature were personal ; the apprentice personally bound to the
master, and the master personally bound to the apprentice ;
and if there was during the term of apprenticeship any
change, such change could only take place by the agreement
of both. That was the case with ordinary indentures of ap-
prenticeship ; but the indentures in question, very properly
considering the apprentice bound to the establishment rather
than to the master, contained the following proviso :
" Provided, that if the said Robert Jacob Nelson shall,
during the said term, cease to be the head master of the
North Corporation School, or if the said Robert Jacob Nelson
shall die during the said term, he the said Robert Jacob Nel-
son, or his executors or administrators, shall and will forth-
with legally assign the said apprentice, for the residue of the
said term then unexpired, unto the person who shall be ap-
pointed by the council of the said borough to succeed the
said Robert Jacob Nelson in the said office."
Then the undertaking of the master was certainly in these

terms :
" And the said Robert Jacob Nelson, doth, hereby, for
himself, his executors, administrators and assigns, covenant,
promise and agree, with and to the said Charles Fergie, and
the said apprentice, that he the said Robert Jacob Nelson,
his executors, administrators and assigns, shall and will, dur-
ing the said term teach, inform and instruct, 'or cause and
p r o c u re sbo
by
b tNeeah
eNte al
teacherbsouoorgnsthh tat, in
w,
n t.lionywf
so
trpahme
Corporation
or
eaded
various
nipractises, and
instructed,asso,csoh rho
branches
rdl
eauaanrsncinhhiduring
t the
thhoheel e esaarssitadaioidtd ap-
prentice
re
educationirotmoo
cb taughtuerptatj' :no obt fh
shall practise the same."
This stipulation seemed very proper. It was 'tot different
from the ordinary stipulations in common indentures. The'
effect of the proviso which he first read was decidedly this
the choice of a new master was given to the council acting by
their committee ; the apprentice parted with the
power
which, under the common indenture, he would have had,of
consenting to the release of the old Taster. In common in-
dentures the master was bound, during all the term, to fulfil
his engagements; but here all that was parted with, and the
apprentice submitted to be bound to the new master who,
upon the removal of the old, was to be appointed by another
party—the council. Upon that appointment being made, he
(the town-clerk) read the engagement, on the part of the ew
master, to teach and instruct, to be just the same, precisely,
as that on the part of the old master ; where you then read
" Nelson" you should now read "Stone.' The moment the
new master was appointed everything applying to Nelson was
changed and applied to the new head Taster ; that is, Stone
is himself to teach as Nelson was himself to teach,—with
reference to the branches of eucation, from time to time
taught by him to the generald scholars. The new master
was bound by the assignment to teach those branches
which, from time time, were taught by him (the new
wouldmaster)
come to
this, that any
i n the
one
apprentice If it
could
all the necessary changes in the management of the schools.
What was referred to in the indentures was the mode of
teaching the apprentices, with reference to the teaching of
the general scholars in the school. If it were, that there was
a control of the kind contended for on the part o e ap-
p Greekrentices ,
to-morrow,
t m wouldorro
wcome o too tolh ss—t
g 1
oy oountaught
oLatin
ati on -
andd a
or y
Greek. however bad you found tre he e.ticpehang
xeinnent to be ; or you
must ask the consent of the appn to change the system.
It was impossible that this could be the law. This was his
honest opinion upon the indentures, and he was bound, as he