that his recommendation is always strictly scrutinized by an intelligent and well-informed Ministry, before being carried into effect.

In the present article we have limited our discussion to the general conditions of a good system of academic patronage. We do not, therefore, now touch on the difficult and important question-How is a board of academic patrons and governors to be best constituted under the particular circumstances of this country? *

*[As in part supplying an answer to this important question, it may not be improper here to extract that portion of the Evidence given by me in the course of the same year, when examined by "The Commissioners appointed to inquire into the state of Municipal Corporations in Scotland." In Appendix III. will be found likewise a relative extract from the General Report of these Commissioners, presented to both Houses of Parliament.

"The best mode of organizing a board of Curatorial Patrons for the University of Edinburgh, appears to me the only point of any considerable difficulty; and this because we have here not to deal merely with principles in the abstract, but to determine what, under the special circumstances of the case, is the highest point of perfection which we can practically realize.

"But before stating what appears to me the most expedient plan of constituting such a board, I would premise that a board of curators, almost anyhow elected, and of only ordinary intelligence and probity, would, if small, and not of a transitory continuance in office, be always greatly preferable as academical governors and patrons to the passing mob of civic councillors, either under the past or present constitution of the city; because such a body could hardly fail of being more competent to their office, from greater average understanding, from their not being disabled for active and harmonious measures towards obtaining University teachers of the very highest qualifications, and from their standing prominently forward to public view, and consequently acting under a powerful feeling of responsibility in the exercise of their trust. But merely to improve on so vicious a system of patronage as the present would be doing very little; and, though a small board of curators could not but be preferable to the town-council, still the all-important question remains,-How is such a board, of the highest possible excellence, to be most securely obtained?

In attempting a feasible solution of this problem, we must accommodate our plan to existing circumstances, and construct our building with the materials that lie around us. These are certainly not the best possible; but they seem to me not inadequate to the end in view; and the difficulty of obtaining better, if such could actually be obtained, would probably far more than overbalance the superior advantages they might otherwise promise. Taking, therefore, the public bodies, such as we find them in this city, and employing the principal of these as the means of organizing a board of academical Curators, the following appears to me the plan which would probably accomplish, to the highest practical perfection, the end in view, i.e. the election of Curators competent to their duty, and actuated by the strongest motives to its fulfilment.

Let the Curators be elected for a fixed term of years, say seven; and there may either be a general septennial election, or each Curator may continue in office the full term, from the actual date of his appointment. Curators to be re

eligible; it being also understood that they ought to be re-elected, if their conduct merit approbation.

"When a vacancy occurs, a writ to be issued from

requiring each of the

six following bodies to elect, and their president to return to , as elected by a majority of at least two-thirds, a Delegate, qualified (as the writ should bear) by his intelligence, probity, and general liberality, to concur in electing a Curator or Curators of the University. These bodies are, 1. The Faculty of Advocates; 2. The Society of Writers to the Signet; 3. The Royal College of Physicians; 4. The Royal College of Surgeons; 5. The Presbytery of Edinburgh (or, perhaps, under certain regulations, the Synod or General Assembly); 6. The Town Council. The Delegate to be either a member of the constituent body or not, but never its ordinary presiding functionary. In the case of the Town Council, the delegate ought certainly not to be a member of that body, and perhaps it would be better if the same rule were even extended to the others. On his appointment the Delegate to make a solemn declaration, before a meeting of his constituents, that he has not canvassed for the appointment himself, or sanctioned any canvassing by others on his behalf; that he feels no sense of obligation to vote for any individual; and that, in the election, he will be solely biassed by his honest conviction that the object of his choice is the person best qualified to discharge with intelligence, and without personal, political, or religious partiality, the functions of Academical Curator.' Should any of the bodies fail in returning a Delegate by the requisite majority, the complement of six to be supplied by allowing one or other of the remaining bodies, in what order, and under what regulations may be deemed expedient, to elect a second Delegate. The Delegate to be ineligible to an academical chair by the Curators whom he has concurred in electing, and perhaps, likewise, his sons, sons-in-law, and brothers, or only under certain restrictions, as, for instance, only by a unanimous choice of the Curators.

"The Delegates to report their elections of Curators to the relative Minister of State, specifying the votes of each Delegate for each Curator; and each Delegate also to report his own vote to his constituents. If the choice be unanimous, the Minister bound to confirm the nomination; but otherwise, it shall be in his power to order a new election of Delegates and Curator: but should the same Curator be again returned, his appointment to be hereby determined.

"Ineligible to the curatorial office,-peers, the lords president and justice-clerk, professors, clergymen, and practising medical men; and not more than two Curators at most to be elected from the judges of the supreme court.

"Before entering on their function, an instruction for their conduct in office, ratified by his Majesty and Parliament, to be accepted and signed by the Curators. This instruction should, inter alia, anxiously prescribe that they are not (as has in this country hitherto been the case) merely to bestow the vacant chairs on one of those who may happen to come forward as candidates; but that they are to look carefully around for the person of the highest competence, and make to him a tender of the appointment, even at the risk of it being declined. They should also make an articulate oath to the upright discharge of their duty, and this in the most impressive form, as before the whole Court of Session, specially commissioned for the purpose by the King.

"As formerly stated, the Curators, on each designation of professor, to make a detailed report of their choice and its grounds to the Minister, stating whether it were unanimous or not, and the names of the majority and minority. If unanimous, their designation to necessitate the confirination; but if not, then the Minister may remit the matter for reconsideration to the Curators, and even ultimately suspend his ratification. On this last event (which is not of probable

occurrence,) the majority of the Curators must, of course, resign; but if the new Curators, hereupon appointed, (whether the same individuals be elected or not,) repeat the former designation, in that case, their choice to be held as final, and the royal confirmation not to be refused.

"The reasons of the different parts of this plan are sufficiently obvious.-The primary elective bodies, though none of them the best possible, are still sufficiently numerous, and sufficiently different, to neutralise any partial interests with which they might severally be infected, and each will, consequently, be induced to act only for the benefit of the public, in which they themselves always participate. Then, as the Delegates are to be chosen by a large majority, no one is likely to be proposed, far less to be elected, who does not enjoy the general confidence of the electors, apart from all considerations of party.-The writ, and its tenor, takes the election of Delegate out of the ordinary routine, gives it a certain solemnity, and puts the electors on their honour; while this is still more efficiently done with the Delegates by the public declaration they must make on accepting their commission. The report of the Delegates to the Minister and their constituents is useful, by impressing more strongly on them the importance of their choice; by bringing their individual conduct before the world, and thus enhancing their consciousness of responsibility.-The signature of the instruction, and the solemn oath by the Curators, will tend to keep them alive, and, what is even of greater consequence, to keep the public alive to the nature and high value of their duties. If the public know what they have a right to expect, then trustees will be sure to feel as a necessity what they ought to perform.-But every precaution to raise an academical patronage out of the sphere of private and party influence is the more anxiously to be taken, as in no other country of Europe, both from the relations of our Universities, and the constitution of our government, has merit hitherto obtained so little weight in the choice of professors,-in no other country is the national conscience in regard to the distribution of public patronage so blunted. To this end the other regulations likewise concur;-the checks and counter checks of the Minister, Curators, and primary bodies on each other; and the necessity imposed on the Curators of vindicating their choice by an exposition of its grounds. The reason of the exclusion of the presidents of the primary bodies from the office of Delegate is to prevent the Delegation from the risk of falling into routine, or being considered as other than a special and most important trust. The exclusion of peers, the president, and justice-clerk, &c., from the office of Curator, is to prevent that honour from being made, or appearing to be made, a sequel to any personal or official rank,-from being regarded as other than the highest and most unequivocal mark of public confidence in the high character and peculiar capacity of the individual elected to the situation.

"Without attempting an ideal perfection by this plan, I am confident a board of academical Curators would easily and surely be obtained, who would perform all that could reasonably be expected, and determine a golden era in the fortunes of our Scottish Universities."

On reading over the preceding, the scheme now strikes me as too complex, and it might, I think, be simplified, without essential detriment, by several omissions. In principle, I am however persuaded, it is right, and favour strongly the plan of indirect or mediate election; for it is of great importance that Curators should be chosen by the joint intelligence of a small body, nor feel themselves the nominees of any particular interest or class. However, as indirect election is not generally understood in this country, if the elective bodies are precluded from choosing among their own members, I have no doubt that a fair board of academical appointment and controul would be obtained; nay, that one constituted

in the simple mode recommended by the Burgh Commissioners would be a marvellous improvement on the present reign of ignorance, favour, passion, and caprice.

How greatly the University of Edinburgh is in want of a good superintendence, (to say nothing of a good patronage,) is shown by the actual state of its Examinations and Degrees. The Senatus Academicus, with many individual exceptions, is, as a body, totally incompetent to self-regulation; and even the personal interest of a majority of its numerous members is now opposed to the general interests of learning, of the public, and of the University, as an organ of education.

This also is too manifestly shown in the misappropriation of the funds left by General Reid, "to make additions to the Library, or otherwise to promote the general interest and advantage of the University, in such way as the Principal and Professors shall in their discretion think most fit and proper." This bequest, through the preponderance of a special interest, which has grown into command of the Senatus since the will was made,-the holders of the new chairs acting also as trustees, as if so to act they were legally entitled,-in opposition to the manifest intention of the testator,—and in opposition to the most significant warnings both from within and from without the body, has been diverted, not only to special purposes, but even to the personal advantage of a complement of the trus tees :-the small majority refusing a preliminary inquiry, and not listening to the information offered by the Principal and others, in regard to the general wants of the University; overlooking all disapproval by the highest authorities of the moral character of the proceedings; nay, resiling from their own previously professed intention of interrogating a Court of Law in regard to the bare legality of any contested resolutions,—in the faith of which profession, such resolutions were allowed to pass without protest. In fact, they are now content to sit, if so allowed, even under the judicial stigma incidentally called forth on the way in which the trust has been administered. (Compromise, concession,—anything for non-discussion may be expected forthwith.) But, had there been a respected board of Curators over the University, these proceedings would never even have been attempted; nor would a protesting minority now be compelled to share in the opprobrium of the very acts which they so cordially reprobated and so openly disavowed. See Appendix III. (A).]

-34

IV. ON THE STATE OF THE ENGLISH

UNIVERSITIES,

WITH MORE ESPECIAL REFERENCE TO OXFORD.*

(JUNE, 1831.)

1.-Addenda ad Corpus Statutorum Universitatis Oxoniensis. 4to. Oxonii: 1825.

2.-The Oxford University Calendar, for 1829. 8vo. Oxford: 1829.

THIS is the age of reform.-Next in importance to our religious and political establishments, are the foundations for public education; and having now seriously engaged in a reform of

[In Crosse's Selections; translated into German; and abridged by M. Peisse, &c.

When this article was written, the history of our oldest universities (Oxford and Cambridge) had fallen into oblivion; their parts and principles were not understood, even by themselves; nay, opinions asserted and universally accepted touching the most essential points of their constitution, not only erroneous, but precisely the reverse of truth. The more obvious sources of information did not remedy, when they did not countenance, the misapprehensions. Criticism, not compilation, was therefore requisite; and a correction of the more important errors, avoiding as much as possible all second-hand authorities,-this a collection of original documents, to say nothing of the more authentic histories of universities and academical antiquities, which I had succeeded in forming, has enabled me (I hope unostentatiously) to accomplish. The views in this and the subsequent articles, have been followed, (often silently,) without controversy, and almost without hesitation, both in this country and abroad; while even the trifling inaccuracies, into which I had inadvertently fallen, are faithfully copied by those who would be supposed to look and speak for themselves.]