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cates, according to the letter and spirit of its statutes; and, with a view to the real interests of the service and the good of India, there is the strongest reason to presume, from the testimonies of what the college has already done, and the further good effects which might be confidently expected from the results just adverted to, that it would answer in no common degree the important purpose for which it was intended." Unquestionably (continued Mr. Kinnaird) the great misfortune which at present existed in that college was, that the privilege which all other institutions possessed was denied to the professors there. Suppose a young man at Cambridge misconducted himself: his tutor would immediately say, 66 you must retire your habits will not do here; you will ultimately be expelled, you will certainly get into that unpleasant scrape, so go away." A young man thus admonished might, even if he quitted college, come back at some future period, and retrieve his character. But, if an individual be sent away from Haileybury, you give him no opportunity to return, and he cannot proceed to India unless he has completed four terms at your college; in short, all his prospects are blasted. Mr. Malthus farther said: "the next inherent difficulty which the college has to contend with, is one which at first sight might be thought an advantage, namely, the great interest that each student has at stake, and the consequent severity of the punishment of expulsion. This great severity most naturally produces, both in the governing body in the college, and the Court of Directors, an extreme unwillingness to resort to it." Why it was perfectly natural that it should be so; and he would appeal to any man who thought on the subject, whether it was in human nature, if an institution were established, which offered the most extensive and combined facilities for gentlemen who were called on to cultivate certain branches of knowledge (those facilities, too, being offered under the most pleasing circumstances), could it, he demanded, be supposed that any gentleman, any parent, would refuse to avail himself of such an opportunity? Could he reject the kind favour of the Court of Directors? Could he refuse such a splendid boon? There were but two circumstances under which a refusal could even be imagined. The one was, where an individual, from peculiarity of situation, could command what he looked upon as greater facilities of education, and which he adopted at his own risk and peril; the other was, where he feared, that if he accepted the proffer of the Directors, some misfortune was likely to attend his son which might destroy all his future hopes. What, then, in this latter case, was the evil which he apprehended-what Asiatic Journ.-No. 99.

was the risk which he dreaded to run? The risk was, lest, from some puerile act, some folly of a day, his son might be expelled, and in consequence ruined. Why, then, did they attach the consequence of ruin for life, to what might be only an indiscretion? While such a penalty remained, parents would naturally be afraid to send their sons to the institution; parents must perceive that their sons, although innocent, might get themselves into this fatal scrape.

A young man might, under the statutes, be called on by the College Council to answer such a question as this: "Do you know whether such an act was done by such a fellow-student?" The young man thus interrogated, acting from the warm impulse of friendship, and, in his (Mr. Kinnaird's) opinion, well-founded and honest feeling, (hear!) might say, "I know nothing about it." What was the consequence? Why, for refusing to speak out, for refusing to betray his friend, he was liable to expulsion, and ruin for life. (Hear!) He did not deny that, where a young man, who perhaps might have some knowledge of the affair, refused to answer questions, it would be quite right for the College authorities to say, "Sir, it is very possible that you may, or you may not know any thing of this matter; but still you must quit our college; we will give you every certificate of good behaviour up to this point, but we will not allow a denial of that authority which is vested in us." This would be very proper conduct on their part, and, he would add, on that of the young man for he should be sorry to see a young man threatened out of that which he thought honourable and good. Perhaps a son might thus be dismissed on account of a high sense of principle; and if it were so, what father could blame him? He (Mr. Kinnaird) would say, "repeal this unnatural law; let the College authorities have power to remove: but do not prevent a young man from coming back again, he having retrieved the error under which he fell." He begged the Court to recollect that, in all cases of this nature, punishment was not inflicted to crush the individual, but to protect the institution. Scarcely did any scholastic authority ever say, "this young man is quite incorrigible." No: what he said was, "I cannot give any time up to the correction of this individual; because, while I am correcting him, he is corrupting all his companions;" and, in his (Mr. Kinnaird's) view of the case, the benefit to be derived from any institution of this kind depended mainly on the circumstance of there being no contagious characters about it. Where characters of that kind were found, it was futile to expect good; and, therefore, when those who were at the head of an establishment discovered a young man of loose habits, VOL. XVII.

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they ought to have the power to say to his parent, "Sir, you must take your son away and educate him elsewhere." But here the College was placed in that situation, that they could not prevent the danger of contagion by an immediate removal of the obnoxious member: persons of every

the fullest discretionary authority. If the institution succeeded, the Professors of course had the merit of it; and he might be permitted to say, that by introducing this compulsory clause, they had taken from them one mode of insuring its success; they had prevented them from discri

description might come in; they might,minating and marking good and bad con

come from any school, or from no school; if they had certificates of a certain degree of proficiency, they were eligible; but there was no scrutiny as to their conduct; of that the Professors were not allowed to judge, and to say, if they disapproved of their behaviour, "your habits are such as render you unfit for this place." No: by the present system they were bound to remain until, perhaps, they had served three terms, then expulsion might take place, and ruin was inevitable. This was the plain fact, for the collegiate authorities were bound down by the strict letter of the law. It had been said, and he thought with great truth, that there was a statute in force in this college which was contrary to the principle of English law, and opposed to every idea of justice: he alluded to "the-statute of selection." He conceived it to be most unfortunate that such a statute should be placed amongst the statutes of England-for so it was-a perfect statute, liable to be quoted in a court of justice. He was ashamed to see it on record. It would be perfectly intelligible, and perfectly fair, if persons were only asked to submit to it volumtarily; but here, unjust as it was, individuals were forced to sumbit to it. By that statute, if a row took place at Haileybury, the authors of which were not known, the college authorities had a right to select such students as, from their previous character and conduct, were most likely to have been concerned, and to punish them, even with expulsion, if necessary. What was this but compelling a young man in the first place to go to the college, and then subjecting him to a most grievous penalty on mere surmise. But taking the other case, suppose this clause were repealed and that a young man were desired to leave the College, and obeyed the mandate in that case he was not ruined, he might get his education elsewhere, and still profit by his Indian connexion. Here, however, a boon was given in the first instance: but, for a trivial offence-per. haps for no offence-it was changed into a curse. It was quite necessary that those who were at the head of the College should have full power and authority to preserve order: but it should not be such a power as, if once exerted, forbade all future hope. He was quite certain that the Professors themselves must feel how ridiculous it was, to suppose that they could exercise any efficient controul over the young men, unless they were clothed with

duct. No person could point to any result as a proof that this institution was a successful one: but if they took away the compulsory clause, if they let others come to the test with those who were educated in the college, then they would have an opportunity of judging whether it did or did not deserve a high character. If, on the one hand, persons not educated there shewed themselves, in several instances, more skilful than those who were so educated, it would prove that there was no necessity for going to Haileybury to acquire this species of learning; but if, on the other hand, the institution shewed itself decidedly superior, what stronger inducement could be held out to any parent to send his son to a place so celebrated? (Hear, hear!) At present the young men were compelled to reside for four terms at the college. Now, suppose a lad was perfectly competent to go through the whole course in two terms-did he not waste his time, which might be much better employed elsewhere, during the remainder of the stipulated period? Such were the results produced by the compulsory clause. Some years ago a complaint was made that the youths in the royal navy were very deficient in education; it was stated, that the schoolmasters on board ships either had not time, or were deficient in ability to educate them. The consequence was, that a naval college was founded, and it was resolved that an option should be given to those who entered, to have two years of service allowed them, if they remained a certain time at college. It was not conducted with any success for a considerable period. The result was, that the captains of the navy declared it would be better if the boys were sent to the ship at once, instead of going to the college. What followed? Why those who were at the head of the college attended more strictly to their charge, and in the course of a year or two the institution flourished. Applications were to this day made for admission to that college (which had before been looked down upon with contempt), beyond all former precedent. This never could have been the case had the boys been compelled to go. In this case, also, an option should be offered; a boon of that kind would be most acceptable; this would put an end to all farther bickering on the subject; and, he contended, the Professors were greatly interested in not having this question continually discussed; not in that Court,

where the subject might be legitimately debated; but, in fact, it was discussed in every newspaper whenever any exposition took place. He was aware that it was generally said, "oh! if you do not force the young men to go there, they will not go at all." He was not prepared to say that, at the time the innovation was first introduced, the desire of establishing an improved system of education was looked on with an evil eye by any party; it was merely viewed as a sort of controul of patronage, by those who were then on the point of sending their sons out to India. "Oh!" said they, "our sons are now to be subjected to a test for four terms, and an unnecessary delay is thus interposed to their progress." The individuals who framed the institution found themselves assailed by interruptions on all sides; but they drew a wrong conclusion when they supposed that those by whom they were interrupted were hostile to education, because they were displeased with the boon which was then offered. That was not the fact they were not opposed to an improved system of education; it was the two years' compulsory residence which they did not like. If they had promulgated the plan without the compulsory clause, no person would have refused, no person would have objected. Why should they? They must have sent their sons from home for some of the necessary acquirements, and they might as well have gone to the college as elsewhere. But the misfortune of the matter was, they saw that they were obliged to send them there. A father would say, "when I place my son at the College I cannot remove him, and perhaps in the course of three or four terms, he being a wild and idle boy, may be expelled." The answer was, "oh! his errors must be punished."'-“Aye," rejoins the father, "but give me the opportunity of correcting his evil propensities myself-give me the two years; I will remove him from his old associates, and place him with a set of much cleverer boys, though perhaps equally wild. He is my property, and I have a right to do with it what I like." These were the feelings to which this part of the plan had given rise. He would appeal to the Court of Directors, on their own original view and object, in support of the proposition he was maintaining. That object was, to secure for the young men a good education, and surely the greater the number of roads they opened to that point, the better would it be for their project. Instead of doing so, they said, "if you will not travel this particular road, you shall be ruined for life." This was a hardship on the Directors themselves, which they could easily get rid of. It was not difficult to point out why parents were unwilling to send their sons to this institution:

they would be no longer so, if the restrictive clause were removed. That clause rendered the college distasteful, which otherwise would have been hailed as a boon. He would put it fairly to any man present, whether, with the greatest confidence in the good qualities, the assiduity, and steadiness of his son, he would like the idea of sending him to this institution, where, he must be aware, he was likely to connect himself with lads of wild habits? There he must remain for two years at the very critical age, as Mr. Malthus had described it, of between sixteen and nineteen years. Could any father reflect on this, without feeling some sensations at the risk which he ran by placing his son at this college? Must they not acquit every parent who did feel thus, from the charge of any ungenerous or sordid motive? He had stated the evils which proceeded from this clause; he had shewn the advantage that would be gained by its repeal, and he should like to know what good was derived from its existence? After all, the clause was inserted to correct a possible contingent evil. You were afraid that individuals would not long avail themselves of this proffered boon. To be sure, with the compulsory clause, it became a very severe ordeal, rather than a boon. But there was no necessity for such a measure: individuals would have gladly accepted your kindness if you had merely stated, "here is this institution-it affords great facilities for education avail yourselves of it if you please-but if you do not like it, leave it, and seek better education elsewhere." Let the merits of the college be tried by a public test. If the system out of doors were the better, of course it would supersede that now in existence; if it were worse, those who had been beguiled by it would be brought into the college. The college, unless it were an useful and advantageous institution, could be no source of pride to the Company. Some persons said, "You wish to get rid of the college altogether -and if you remove this clause you will do so." He, however, did not wish for its destruction; and, though he was not fond of squandering his own money, or the money of other people, he would not grudge the expense of keeping up the institution, if only thirty boys were educated there, provided those who pleased were allowed to send their sons elsewhere. If this were allowed, new modes of education would be found out, improvements would be introduced, and the College would become more valuable than ever. Were they aware of the moment at which they were keeping up this clause? The present period was an epoch in the history of education. Greater improvements had been effected in education within the last twenty years than for five centuries before,

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The grammar which Henry VIII. commanded to be used in schools had not been superseded till within a few years. The people were daily enlightened by fresh improvements. The examinations in mathematics at Oxford were formerly so bad, that they became a reproach to that university, and the students flocked to Cambridge: the consequence was, that more pains were taken in the study of that branch of education, and the examinations at Oxford now presented as good a result as those of Cambridge. He was not contending here for any system of education; he only said, "Give us the advantage of every honest improvement." He believed it was admitted by all parties that some evils existed in the college; and he proposed, by the repeal of this clause, to remove every one of those evils. The dreadful severity of the punishment being done away, all the ill effects of keeping a youth in the college whom, but for that extreme severity, the professors felt a strong desire to remove, would at once cease and determine there would be no longer a necessity to wait until he had violated one of the statutes; all clamour and cavil as to the exercise of authority would be removed. Difficulties had been started as to the application of a test, for the purpose of ascertaining the proficiency of the young men. Now the Directors themselves had determined that, after a residence of four terms, a test should be applied, not to the general merits, but to the specific qualifications of the young men.

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[The clerk here read a list of the Oriental languages, in which the young men, proceeding to Bengal, Madras, and Bombay, are required to answer, after a residence of four terms at Haileybury, together with the regulations as to the profieiency necessary to be acquired in each of them.]

Those (continued Mr. Kinnaird) who bad attended to the regulations just read, would see clearly that they formed a complete answer to what was said as to the difficulty of forming a test.

Here the

Directors themselves had distinctly written down the test to which the young men must submit before they received permis. sion to proceed to India. It was a test, the very words of which he was willing to adopt for a public examination before the college professors or elsewhere, because it was a test of qualification. Now, if this test could be acquired out of the college, or if it could be acquired in two terms, where was the necessity of insisting on a residence in college for four terms, and compelling a young man to encounter the ordeal of the compulsory clause? It was a very low test: it was the test to which alone they were required to be competent, but it must be known, by all. A young man, when going out, might pos

sess many other acquirements besides those enumerated in the test, but not one could proceed to India who could not manage that at least. (Hear, hear!) The Directors did not trust to a supposed proficiency which the young men might attain under the Professors during a residence of four terms. No: they wrote down a test, which the students must be acquainted with before they were suffered to depart for India. He said, let that test be written down-and let all, whether educated in or out of the college, submit to it. An objection had been started on the subject of a public examination, namely, that it would be extremely difficult to find professors of the college who would act as impartial examiners, and therefore that it would be necessary to have one set to teach and one to examine. The course which was taken elsewhere, under similar circumstances, might be adopted here. The students of Queen's College, Cambridge, when they were about to leave it, were not examined for degrees by their own tutors. Dr. Russell, of the Charterhouse School, had made a very great improvement with respect to examinations. That school, notwithstanding all the disadvantages of its local situation, stood at the head of all the public schools of England. All the boys educated at the Charter-house were examined before the Secretaries or Chaplains of the Archbishop of Canterbury-the whole public were suffered to be present-and any persons competent to the task might question them; any person was at liberty to puzzle them as much as he pleased. He could not, however, see any interest which a professor could have in unjustly exalting one stu dent, and as unjustly depreciating another. Having taken up so much of their time, he would simply ask the Directors, whether their object was not education? Assuredly it was. The means they proposed to attain that end were the college. But they did not mean, surely, to say-he could not suppose them to have been actuated by so preposterous a notion-that "We, the wise men of this part of the town, wish to circumscribe education to our own system and our own walls." It might be very true that, twenty years ago, there were no facilities for Oriental education but were they, therefore, by this compulsory clause, to take from the students all those facilities which now abounded throughout the country? Five hundred years ago, there were only three or four places where education could be obtained those who wished to acquire knowledge had to journey far for it; but that was no longer the case. Instead of travelling to education, education now travelled home to every one. If a parent sent his son to a seminary, and found that he did not improve so rapidly as he ought

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to do, what was his remedy? He would say, "If he does not come on better in the course of twelve months, I'll put another horse to the wheel, and bring him up to the mark in some manner or other. Doubtless parents were grateful to the Court of Directors for this institution-but they must lament that they had clogged the boon with a condition which might end in the ruin of their sons. Under these circumstances, let not the Directors be surprised if men declined sending their sons to the college; let them not be alarmed if twenty or thirty young men were, in consequence of the repeal of this clause, educated elsewhere. Would the result be hurtful to the college? No: the college would, in consequence, improve itself; for the Professors would be stimulated to use their most powerful exertions; no patronage would then prevent the exercise of asound discretion. If they altered the system, it would unfetter the Professors, who, like the Directors, ought to stand as much as possible in the capacity of guardians to those young men, and should have as absolute a power over them as their parents. He had no private or sinister feeling in bringing this subject forward: he disclaimed all other feeling except the feeling of improvement. Give the young men all assistance, but do not throw on them that weight of penalty which could not be borne-which must produce de. spair. It might be said that the professors would see, with great vexation, any attempt to extend education of this kind elsewhere. He did not think so; and he declared to God, if he were a professor, he would go on his knees and implore the Directors to let education be extended. He would say, on the part of the Professors, that, by repealing this clause, he rendered them a service he would say, on the part of the Directors themselves, that, by abrogating it, he was removing from them a responsibility which they were not competent to answer; for, as the system now stood, it was impossible that the college could go on without expulsions. Was it not very hard to expect of any parent to send his son to a place where, at the option of any set of men, his prospects might for ever be destroyed? It might be said to a young man, "You are sent away because your example is contagious." Very good doubtless such a character should be sent away. But was it not harsh, was it not unjust, that he should be ruined for life because he misconducted himself? What advantage did they propose to themselves from this clause? He had in vain looked for any good that could be derived from it. The only real good he had ever heard stated, was one which no man ever seriously thought of. It was sufficient if those young men had certain qualifications before they became public

servants, and that it was clearly ascertained they did possess such qualifications. Now these they could acquire out of the college as well as in it. But it was stated that, by remaining four terms at the college, they proved that they were moral characters. Now he must say, that no set of men could take upon themselves to be answerable for the moral feelings of others; and he did hope that it was not at all necessary to give to their Indian servants this species of moral guarantee before they entered into life. He was most anxious on the part of every individual concerned, most anxious on the part of the Directors, of the Professors, and of their Indian servants, that the system should be revised. More channels than one should be opened for the education of the young men, and the Directors were responsible if they were all closed against them. If the Directors took the course he pointed out, if they left the Professors to act for themselves-to punish where they saw neglect, to take advantage of all the improvements in education which were daily presented to their view, and to make a correct application of their power-they would then have a guarantee that the exertions of the ablest men would be secured for their service. He felt most sensibly with respect to parents, who, by the operation of this clause, were often placed in a most heart-breaking situation. By removing that clause, they would remove every objection. But now they compelled every boy to go to this college, and yet he was called on to take an oath, or make a declaration, that he came of his own free-will. Having made this compulsory law, should the youth transgress and be expelled, you turn round on him and " say, you came here of your own free-will-you have disobeyed the statutes -you are ruined in consequence-but you have no right to complain.' hoped he had proved that he did not wish to destroy the college; he should think it sacrilege to destroy any establishment for education, if it were at all useful. A set of most respectable men were connected with the institution, and he could wish to see it so elevated, that it could triumphantly stand the test of comparison with any other establishment whatever. They all knew that the moment a public institution of this sort arose, as soon as the system was established, a great number of seminaries were formed, for the purpose of preparing boys for Haileybury College. Some of them were, of course, superior to others; but the establishment of Mr. Kearney, of Putney, like that of Dr. Russell, stood pre-eminently forward. No person who had ever been under his care, had been refused admission to Haileybury College; whilst others, who were instructed elsewhere, had been plucked at

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