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going into a committee on these transubstantiation. He moved the estimates, Mr. Spring Rice opposed following resolution “That this the Speaker's leaving the chair, House concurs in the opinion exdirecting his resistance against the pressed unanimously by the comsums which it was proposed to vote missioners of education, and asto the Association for the Prevention sented to by the archbishop of of Vice, and to what was known Armagh, and archbishop of Cashel, by the name of the Kildare-place that no general plan of education Society. To the first he objected as in Ireland, however wisely and exan improper application of public plicitly arranged in other respects, money ; weze its objects within the can be carried into execution, unprovince of the church, and by the less it be avowed and clearly unchurch its funds ought to be sup- derstood as a leading principle, plied. Of the 12,500l. to be voted, that no attempt will be made to not less than 2,5001. were for interfere with any peculiar tenets catechetical premiums in Dublin or distinct religion. alone, while catechetical duties The motion was supported by formed a part of the duty of the Mr. Fitzgerald, who thought that clergy. The schools, likewise, of the associations in question could this association were at once too never do good, because they were limited in number, and too pro- governed by rules which necessarily testant in principle, to effect any made the Catholics of Ireland their extensive good. To the vote, opponents; and that no real benefit again, of 100,0501. for the Kildare- could be expected until the superinplace Society he objected ; first, be tendence of education, as a matter of cause that association asserted that public concern, was vested in a reit could extend the benefits of edu- sponsible and impartial public board. cation to one hundred thousand To prevent the schools of Ireland children, whereas the number from continuing to be each merely actually educated was only fifty-two an arena, on which the Protestant thousand, four hundred and four, and Catholic clergymen were con--Secondly, because the schools of tending for scholars, it was essential the association were not equally not to interfere with the religious open to Protestants and to Catho. instruction of the children. The lics ; for, out of the fity-two thou- use of the Bible without notes, and sand, four hundred and four, only, of the church catechism, would disone half were Catholics. Thirdly, appoint all attempts to educate Cabecause the teachers were Protest- tholics by means of societies; for ants, and the church catechism was any plan of education which did taught. The compulsory reading not conciliate the Catholics, and of the Scriptures was the great ob- obtain the co-operation of their jection Catholics had to entering priests, must necessarily fail. Why these schools; and it was the duty of introduce such a bone of contention? the state to take care that all classes for all candid persons must admit of the community should be edu- that the Bible was not necessary cated without any compulsory con

for the

of school education. ditions of this kind. With equal It was not used as a school-book fairness, a Catholic might be re

in those seminaries where the memquired to sign, as the sine quâ non bers of that House were educated; of admission, the declaration against it was not put, as a book of in

struction, into the hands of the gebra, Greek, and Latin. I do boys at Eton, Westminster, or not mean to challenge the members Harrow; nor was it used for such of this House, although I feel that, & purpose even in the under-gra- with the exception of the learned duate course at Cambridge or Ox- professions, and, perhaps, some ford. The House ought to es- coteries of blue-stocking ladies, the tablish a general system of educa- poor peasantry of the county Kerry tion, excluding religious instruction are more learned than the majority from the schools, and allow the of those who compose even the people to read the Bible of their higher circles about London. It own accord. If the lower classes is not an unusual thing to see a were permitted to follow their own poor, bare-legged boy, running inclinations, instead of having the about with a Homer, a Cicero, or Scriptures forced upon them, they a Horace, under his arm.” would provide themselves with By those who opposed the moBibles ; and even the command not tion, it was admitted, that any atto look into them, would cease to tempt to make proselytism a part have any effect. Mr. Fitzgerald, of a system of education, must ochowever, gave a description of the casion its failure ; and that it was state of education in Ireland, the most desirable, if not imperative, to principal features of which seemed avoid intermeddling with the reto be equally novel and picturesque, ligious instruction of the Catholics and constituted what Mr. Peel in any way which might wound very justly denominated a picture their feelings, or be inconsistent of over-education, and what he with their faith. There seemed hoped parliament would have too to be nothing objectionable in the much good sense either to sanction 'principle of the proposition of Dr. or encourage. “So far," said Mr. Murray, that the children of CaFitzgerald," from the peasantry of tholics and Protestants should be Ireland being in the state of igno- educated together ; that they should rance which is attributed to them, learn in common, but receive their I am convinced that in any dis- religious instruction respectively trict they will be found better edu- from their own pastors. cated than the inhabitants of any however, the societies in question corresponding proportion of the had done much good; they were empire. Perhaps I should except rapidly gaining ground in the esScotland, where the people are timation not only of the more all well instructed; but my asser- wealthy and intelligent classes tion is unquestionably true, as far of the community, but likewise as regards England. At all events, amongst those whose opinions I can answer for my own constitu- were, if possible, of more iments, and am ready to set them portance—those for the education against the peasantry of any part of whose children the societies exof England of the same dimensions isted: and, if parliament would as the county which I have the only compare the state of education honour to represent.


very in Ireland before their formation, poorest class of persons in that with the progress which had since county can not only read and write, been made, and the amelioration but are well versed in the higher which their exertions had effected, attainments, in Arithmetic, Al- it would hesitate to condemn them,

Stili, while there was nothing more other good, at all events dissemiefficient to substitute in their place. nated throughout Ireland a great Mr. Peel said, the question put number of valuable books; pubwas, whether, in untried anticipa- lications, too, which, except in tions of exaggerated success, the one instance, were never objected House would put aside existing to by those who were most opposed institutions, which, though imper- to them in religious feeling. The fect, were admitted to be doing abolition of an institution which good, and certainly more good than afforded instruction to fifty thoucould be accomplished if they were sand children, twenty-five thouput down before other and better sand of whom were of the Cathoones were matured. The forma- lic persuasion, must be regarded tion of a local board for the super- as a positive and serious loss to intendence of an object like that in the country. It appeared from question, was attended, in the case returns then on the table of the of Ireland, with greater difficulties House, that, of approved books, than was imagined. He himself, there were distributed by the when officially connected with Kildare Association, in 1818, fifty Ireland, had prepared a bill for thousand ; in 1820, one hundred the purpose of selecting six or and twenty-three thousand ; in seven persons to superintend edu- 1821, one hundred and fifty-three cation in that country; and not thousand ; in 1822, one hundred until after various deliberations, and eighty-five thousand ; in 1823, not only with persons of his one hundred and six thousand ; own party, but with those who in 1824, one hundred and twentywere politically opposed to him, one thousand; and, during the last had he relinquished his intention year, one hundred and seventy-two of bringing that measure forward. thousand eight hundred and sixThey all dreaded the consequence teen. Another strong proof of of establishing a public govern- the utility of the institution was, ment board ; they thought the that the commissioners, on people would take alarm when amining the “ Model School,” they found that government had found in it four hundred boys, of constituted such a board, and that whom one hundred and fifty were it would be regarded as intend- of the established religion, two ed to effect other purposes than hundred and twenty-five Cawere avowed. Being thus com- tholics, and the rest Dissenters; pelled to give up that measure, he while of girls there were, seventyIooked around for other means of nine Protestants, and no fewer carrying into effect the object than two hundred and nine Cawhich he had in view, and he tholics. This simple fact showed found a private society already in clearly that the institution was existence, consisting of all sects, not acting on principles of exProtestants, Presbyterians, and Ca- clusion. It should moreover be tholics. To that society the mà- remembered that these children nagement of the funds granted by were to be the future teachers parliament had then been in- throughout all the schools of the trusted. He protested therefore, society. The effect of passagainst the hasty extinction of a ing the resolutions would be, to society, which, if it effected no cast a stigma on the Kildare-street


society; and, therefore, if they the money at the disposal of the were pressed to a division, he must lord lieutenant. It was opposed negative them, a step which he by Mr. Goulbourn, because it was should most unwillingly take; be- unjust to make the managers of a cause, in the general principle on concern responsible for evils which which they were founded, he per- they could not detect, or to confectly concurred. With respect to demn unheard the committee of the expediency of making religious fifteen, who had used every possiinstruction a part of public educa- ble diligence; and it was negatived tion, he hoped that we should by a majority of 42 to 19. never see a system of public edu- In these discussions, which had cation, either in Ireland or else- all some reference to religion, where, that was not founded on government evidently manifested the Christian religion, or a race no desire to conceal or perpetuate of young philosophers who had de- abuses, or any disinclination to rived their knowledge of moral cautious and practicable amendduties from any other source. ment; and it carried the same spirit

Mr. Rice withdrew his motion; into other departments more strictbut a division was pressed on the ly connected with the civil admotion for granting 19,5001. for ministration of Ireland. A comthe Protestant chartered schools. mittee on the state of that country Mr. Hume resisted the motion, be- had presented a report in 1825, cause it was an expenditure of a recommending the adoption of vacertain quantity of pounds, shil. rious measures. Several of these lings, and pence, fora purpose which recommendations were, during this he would not allow to be either session, carried into effect, while useful or charitable; and by other others, such as the improvement of members, on the ground of the the system of grand juries, and the abuses and oppressions in the ma- abolition of votes created fictinagement of these schools detailed tiously upon forty-shilling freein the report of the preceding year. holds, presented difficulties which They opposed any vote of money, could be overcome, and opposing until steps should have been taken interests which could be reconciled, to prevent the recurrence of such only by proceeding with much deabuses, and to punish the masters liberation. An act was passed conagainst whom such charges of mis- solidating the laws for the reguconduct had been brought. At all 'lation and management of prisons, events, they argued, as those who placing them under inspectors rehad the superintendance of the warded by salaries, which seemed schools, and into the hands of whom sufficient to insure officers of chathis money was to come, had shown racter and responsibility, and inthemselves, by allowing those abuses troducing an uniform system of to grow up, and those oppressions prison discipline. Better regulato be practised, either utterly un- tions were laid down for the adable, or utterly unwilling, to per- ministration of justice in towns form their duty, it would be un- corporate, and other local jurisdicjustifiable to put the money again tions; and provision was made to under their control. Sir John remedy the inequalities of local Newport accordingly moved an assessments, by introducingan uniamendment, which went to place form valuation of baronies, parishes,


and other divisions of counties. being complied with, not only may Another act made provision for a the proprietor re-enter into posmore convenient and abundant session, but the lessee has no acdistribution of lunatic asylums tion to recover either rent or posthroughout the island; but the session from his sub-tenant, whatmost important measure of the ses- ever may be the covenants of the sion affecting Ireland was, the "act sub-lease. The same general proto amend the law of Ireland re- visions are applied, even when specting the assignment and sub- the original lease contains no coveletting of lands and tenements, nant" prohibiting, controlling, or by which some check was put to regulating," the assigning or subthat infinite division, not of pro- letting of the lands. Unless the perty, but of the use of property, lease contain an express clause which has tended so strongly to authorizing the tenant to assign, impoverish and degrade the rural or sub-let, the sub-lease, to be population of Ireland. The in- valid, must be signed or indorsed by tention of the statute was, to pre- the proprietor, or, if it be verbal, vent the sub-letting of property must be confirmed by his written by a lessee, whether the original authority: all constructive or palease contained a covenant against role waivers are excluded. If the sub-letting, or was silent on the sub-lease be granted according to point, and, in both cases, to render the provisions of the act, the rethe express consent of the land- ceipt of the lessee for the rent lord indispensable to the validity is declared good against the proof the lease. It enacts, that in prietor, and all deriving right from cases where the original lease him by any title posterior to his contains covenants prohibiting, consent to the sublease; and if controlling, or regulating, the the lessee fall in arrear for two assignment or sub-letting of the -s of the rent, the receipt of lands, nothing whatever which the proprietor is, against him, a may be done by the lessor shall be good discharge to the sub-lessee. held, or construed to be, on his Another provision of this act part, a waiver of any of the bene- secured farms against discretionfits of these covenants. To render ary sub-division at the will of the assignment or sub-lease effec- a tenant upon his death. If the tual to the sub-tenant, the consent lease bears date prior to 1st June, of the proprietor and his dispens- 1826, and contains no prohibition ing with the covenants in his against assigning or sub-letting, or favour, must not only be express, if it bears date subsequent to 1st but must be expressed in a parti- June, 1826, and contains an excular form. If the sub-lease be press authority to sub-let, in either by a written instrument, his con

of these two cases the tenant may sent must be expressed by his sign- devise the lands, under his lease, ing and sealing that instrument, to what number of persons he may along with the principal parties to choose. But, with these exceptions, it, if it be verbal, his consent must he is deprived of the power of so be expressed by a writing under devising the lands by his last will his own hand. The forms not and testament, as to sub-divide



The 7 Geo. 4. c. 29.

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