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further suggestion, that, the Bishop of the diocese should in certain cases be named in the trust deed as arbitrator upon any point of difference, although not belonging to the religious instruction.

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1. THE Committee of the National Society beg leave to acknowledge the letter received from the Committee of Council on Education on the 31st of July, and to express their gratification at the desire manifested by their Lordships to remove the objections. entertained to the adoption of the management clauses. They are still of opinion that where so much depends upon the zeal and sacrifices of the local promoters of schools, great practical good might be effected by leaving persons some liberty as to the constitution of their schools, which will not be attained by tying them down too strictly to any particular scheme, or denying to them the use of any which is not in itself positively objectionable.

2. The Committee of the National Society, however, are glad to learn that the Committee of Council will in no case object to the adoption of Clause D in parishes or districts where the population by the last census is under 700, or where, though the population exceeds that number, it is shown that the annual subscribers are likely to be few, from the poverty or other circumstances of the district.

3. They are also gratified to find that in all other cases, where there is a decided preponderance of opinion in favour of Clause D among the local founders of a school, the Committee of Council will agree to the adoption of that clause. But they beg to suggest a modification of the terms proposed by the Committee of Council for ascertaining the opinions of the promoters of schools, where a preference is expressed in favour of Clause D, and propose that the paragraph in the last letter of the Committee of Council, beginning "But if in any parish," and ending "will acquiesce in that decision," should run as follows;

"And in any other case of a parish or district containing more than 700 inhabitants, where the funds from all sources to cover the expense of erecting the school, are complete, if a meeting of the subscribers convened with due notice, shall be held, and if at such meeting subscribers representing not less than two-thirds of the amount subscribed or collected, except from public bodies, shall in person or by proxy express a preference for the adoption of Clause D, and state such preference in a memorial with their signatures appended, the Committee of Council will acquiesce in that

decision." Because, if the assent of two-thirds in number of the subscribers present at a meeting were required, before Clause D be allowed, such condition would practically enable a very small minority in numbers, and perhaps still smaller in amount of contribution, to enforce the adoption of Clauses A or B, contrary to the wishes of a large majority of subscribers. Moreover, as according to the plan proposed by the Committee of Council, the persons present on the occasion would not necessarily be members of the Church of England, and as any amount of subscription, however small, would entitle a person to be present and to vote, an attempt to erect a church school might be defeated by any persons hostile to the establishment of the school, who might subscribe each a few shillings to the proposed building, knowing that if they could thereby prevent the adoption of Clause D, some of the larger subscribers and real promoters of the plan would be deterred from contributing to a scheme which involved the adoption of Clause A or B, or subjected them to the recurrence of a similar hostile interference.

4. The Committee of the National Society consent that the form of declaration to be made by school managers which was proposed as an alternative in paragraph 7 of the Society's last letter, should be made subject to the same conditions, with respect to its adoption in any parish or district as those herewith proposed, concerning the adoption of Clause D in populous and affluent

districts.

5. With regard to the first of the two plans proposed in the Society's last letter for an appeal to be made by school managers in cases of difference of opinion about the appointment or dismissal of any of the teachers, and upon points not connected with religious and moral instruction, the Committee of the National Society readily accede to the desire of the Committee of Council, that the Lord President of the Council should act conjointly with the Archbishop of Canterbury in appointing a third arbitrator when the other two arbitrators cannot agree about such appointment. The reason for naming the Archbishop only was to prevent the possibility of a want of agreement, which might occur if the nomination of a third arbitrator were in the hands of two persons; but if after this explanation the Committee of Council shall still be inclined to insist on the alteration they have proposed, the Committee of the National Society are willing to assent to it, trusting that such a contingency will never arise.

6. They must, however, urge earnestly on the Committee of Council the reconsideration of that mode of appeal which was suggested by them in their last letter as an alternative in certain cases, and in the refusal of which they find it impossible to acquiesce. They think that a body of churchmen asking the aid of the State towards the erection of a Church school should not be refused assistance, if they should desire to refer to the arbitration of the

Bishop of the diocese other questions of difference arising amongst the managers than those which directly concern religious instruction. The principle is one which is already recognised in the case of many colleges and grammar schools, and without inconvenience or objection. And it should be particularly remarked, that, a more direct bearing on the religious and moral conduct of a school may be involved in the appointment or dismissal of a master or mistress than even in these questions which are already referred to the Bishop's arbitration. They earnestly trust, therefore, that the Committee of Council will acquiesce in the offer of this alternative, if it be guarded by the same regulations for its adoption in any parish or district as are herewith prescribed for the adoption of Clause D in populations of a certain number and opulence.

If this point be conceded, they will have the satisfaction of believing that the hostility which has been manifested against the regulations of the Committee of Council will be, in a great degree, removed, and that general co-operation maintained on which the promotion of education in the country must mainly depend.

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The Lord President of the Council has brought the letter signed by your Grace, as President of the National Society, and dated August 12, under the consideration of the Committee of Council on Education.

Their Lordships' attention has been particularly directed to two questions which are the subjects of remark in that letter.

First, the mode in which the opinions of the local promoters of the erection of any school is to be ascertained, with reference to the adoption of Clause D, and to the form of declaration to be made by managers of schools.

Their Lordships' intention as to the number of persons whose signatures to the memorial is to be required has been misconceived, for, in using the words "not less than two-thirds of the whole number," their Lordships intended to require two-thirds of the whole number of subscribers to the erection of the school who were residents or had property in the parish, but they had no intention of permitting such subscribers to vote by proxy. Their Lordships agree with the Committee of the National Society in thinking that it is expedient to require that this majority should represent two-thirds of the amount subscribed, and with this security they are prepared to permit those subscribers who are not

resident, but who have property in the parish, to vote by proxy. My Lords, however, attach great importance to the principle that one-half at least of the whole sum required for the erection of the building should in these cases have been subscribed by parishioners, and that no persons who are not resident and have no property in the parish should be permitted to interfere in any matter relating to the settlement of the permanent constitution of the school.

On these grounds, my Lords have modified this clause as follows; viz., "But if in any parish containing more than 700 inhabitants, where the funds from all sources to cover the expense of erecting the school are complete, provided that at least onehalf of the whole outlay has been subscribed by persons resident or having property in the parish, a meeting of these subscribers, convened for the purpose, with due notice, be held, and if at such a meeting a majority of not less than two-thirds of their whole number, representing also two-thirds of the money subscribed in the parish, shall personally (or, in the case of persons qualified to vote by subscription and property, but not by residence, shall by proxy) express a preference for the adoption of Clause D, and state the grounds of such preference in a memorial, with their signatures appended, the Committee of Council will acquiesce in that decision."

Secondly, on the question of appeal on any subject not relating to the religious instruction of the school, their Lordships have already stated their opinion, that, in schools which receive aid from the State, this appeal can only be satisfactorily provided for by arrangements which confide the appellate power to persons representing both the civil and spiritual authorities.

Their Lordships have therefore readily agreed to arrangements framed upon this principle, as described in their last letter; and they still think it important that the selection of the third arbitrator, when not agreed upon by the first two, should be determined by the Archbishop of the province and the Lord President, conjointly.

Under these arrangements ample provision is made for the due influence of the spiritual power; for one arbitrator is appointed by the Bishop of the diocese, and must also be a clergyman;-the second, though nominated by the President of the Council, must be an Inspector of Schools, appointed conformably with the Order in Council dated 10th of August, 1840, and, therefore, appointed with the concurrence of the Archbishop of the province; and the third, if not appointed by these two arbitrators, is to be selected by the Archbishop of the province and the Lord President, conjointly.

The Committee of the National Society appear to concur with their Lordships in the adoption of these arrangements as a general rule, but they urge the admission of an exception in those cases in which two-thirds of the persons subscribing to the erection of the

building (as in the adoption of Clause D) shall desire that the appeal on matters not relating to religious instruction should be made to the Bishop of the diocese alone.

My Lords have given their careful attention to the precedents afforded by the statutes of ancient foundations, and to the state of the law, with respect to grammar and other schools. They do not find that the law has ever recognised a visitatorial or appellate authority in the Bishop, over such foundations and schools; but on the contrary that, in the cases where any such special authority is conferred, it owes its origin to the will of the founder. Their Lordships are of opinion that the broadest distinction exists between schools which owe their origin solely to private benefactors, and those the establishment of which is largely aided by the State, and which must also to a great extent depend for their efficiency, if not for their existence, on annual assistance from the public resources.

On these grounds their Lordships must finally declare that they cannot consent to permit the permanent constitution of the school, in so important a matter as the establishment of an appeal to the Bishop of the diocese in matters not relating to religious instruction, to be determined by the local subscribers to schools, to the establishment and support of which it is now provided that the State should so largely contribute.

I have the honor to be, &c.,

(Signed)

To His Grace the Archbishop of Canterbury.

J. P. KAY SHUTTLEWORTH.

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