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 trustees 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).]

6

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.]

"the constitution, the envy of surrounding nations," the time cannot be distant for a reform in the schools and universities which have hardly avoided their contempt. Public intelligence is not, as hitherto, tolerant of prescriptive abuses, and the country now demands-that endowments for the common weal should no longer be administered for private advantage. At this auspicious crisis, and under a ministry, no longer warring against general opinion, we should be sorry not to contribute our endeavour to attract attention to the defects which more or less pervade all our national seminaries of education, and to the means best calculated for their removal. We propose, therefore, from time to time, to continue to review the state of these establishments, considered both absolutely in themselves, and in relation to the other circumstances which have contributed to modify the intellectual condition of the different divisions of the empire.

In proceeding to the Universities, we commence with Oxford. This University is entitled to precedence, from its venerable antiquity, its ancient fame, the wealth of its endowments, and the importance of its privileges: but there is another reason for our preference.

Without attempting any idle and invidious comparison,-without asserting the superior or inferior excellence of Oxford in contrast with any other British University, we have no hesitation in affirming, that comparing what it actually is with what it possibly could be, Oxford is, of all academical institutions, at once the most imperfect and the most perfectible. Properly directed, as they might be, the means which it possesses would render it the most efficient University in existence; improperly directed, as they are, each part of the apparatus only counteracts another; and there is not a similar institution which, in proportion to what it ought to accomplish, accomplishes so little. But it is not in demonstrating the imperfection of the present system, that we principally ground a hope of its improvement; it is in demonstrating its illegality. In the reform of an ancient establishment like Oxford, the great difficulty is to initiate a movement. In comparing Oxford as it is, with an ideal standard, there may be differences of opinion in regard to the kind of change expedient, if not in regard to the expediency of a change at all; but, in comparing it with the standard of its own code of statutes, there can be none. It will not surely be contended that matters should continue as they are, if it can be shown that, as now adminis

tered, this University pretends only to accomplish a petty fraction of the ends proposed to it by law, and attempts even this only by illegal means. But a progress being determined towards a state of right, it is easy to accelerate the momentum towards a state of excellence :—ἀρχὴ ἥμισυ παντός.

Did the limits of a single paper allow us to exhaust the subject, we should, in the first place, consider the state of the University, both as established in law, but non-existent in fact, and as established in fact, but non-existent in law; in the second, the causes which determined the transition from the statutory to the illegal constitution; in the third, the advantages and disadvantages of the two systems; and, in the fourth, the means by which the University may be best restored to its efficiency. In the present article, we can, however, only compass, and that inadequately,-the first and second heads. The third and fourth we must reserve for a separate discussion, in which we shall endeavour to demonstrate, that the intrusive system, compared with the legitimate, is as absurd as it is unauthorized, -that the preliminary step in a reform must be a return to the Statutory Constitution,-and that this constitution, though far from faultless, may, by a few natural and easy changes, be improved into an instrument of academical education, the most perfect perhaps in the world. The subject of our consideration at present requires a fuller exposition, not only from its intrinsic importance, but because, strange as it may appear, the origin, and consequently the cure, of the corruption of the English Universities, is totally misunderstood. The vices of the present system have been observed, and frequently discussed; but as it has never been shown in what manner these vices were generated, so it has never been perceived how easily their removal might be enforced. It is generally believed that, however imperfect in itself, the actual mechanism of education, organized in these seminaries, is a time-honoured and essential part of their being, established upon statute, endowed by the national legislature with exclusive privileges, and inviolable as a vested right. We shall prove, on the contrary, that it is new as it is inexpedient, not only accidental to the University, but radically subversive of its constitution,-without legal sanction, nay, in violation of positive law, arrogating the privileges exclusively conceded to another system, which it has superseded, and so far from being defensible by those it profits, as