16

their final judgment. Now in the present case
the words of the Act speak only of the appli-
cation of the fund to "educational uses,"
the term which, taken by itself, would allow the
trustees to alienate the whole fund, and instead
of employing it to found an institution for
teaching the higher branches of a liberal edu-
cation—an institution which without such a
fund the province would not be able to support
for years to come—would justify them in de-
voting it exclusively to elementary instruction,
to the support of village and infant schools, to
the purposes and uses which have been already
otherwise provided for by the Provincial Coun-
coun-
cil in the Education Act.

It is well known that such was not the in-
tention when this fund was first formed. In
the original prospectus of the New Zealand
Company, the "establishment of a College"
is named as one of the specific objects they
were bound to carry out; in their reports to
their shareholders, the "establishment of a
College" is alluded to as a trust they had un-
dertaken to fulfil.

In the various protests, remonstrances, and
memorials called forth by the non-performance
of the Company's agreements, no doubt was
ever expressed as to the clear understanding
of this point, but it was throughout spoken of
as one on which no question could arise.

Lastly, in Mr. Shaw Lefevre's report, when
the Company claimed a surplus ex-
penditure on one object against a deficiency on
another, he decides (in opposition to their
views) that "the specific objects mentioned in
the prospectus must be adhered to."

It is in consequence of that decision that we
have become entitled to the augmented funds
now in question. In looking back to all pre-
vious transactions, to the report on which the
act is founded, to the various minutes of the
first board, their resolutions and statements,
as well as to all the subsequent proceedings, it
appears to the trustees that they are morally,
if not legally, bound to carry out the clear in-
tentions and obligations of the trust, and pro-
vide an institution affording the greatest
amount and highest kind of education that the
youth of the province are qualified to receive.
But even if their obligations were less clearly
defined and less stringent than they consider
them to be, they believe that their adherence
to the original idea will, upon reflection, be
found ultimately far more advantageous to the
province, to its intellectual advancement, to its
social standing, and even to its material pros-
perity, than any other application of the funds
at their disposal. A broad, and, it is hoped,
a sound foundation for elementary edu-
cation has been laid in the act of last year, by
the establishment of primary schools. It may

be safely assumed that no interference with
these is contemplated even by those who give
to the obligations of the trust their widest and
most elastic interpretation. But it has been
suggested that possibly Grammar Schools in
the different districts might be substituted
with advantage for a central institution. It
was urged that the school already in operation
could benefit only a small number in its imme-
diate neighbourhood, and that, however low
the fee for attendance might be nominally, the
additional cost of board and lodging rendered
it impossible for parents at a distance to avail
themselves of its advantages; but it was soon
seen that if this principle were once admitted;
and a second school of a superior class estab-
lished, no matter in what locality, numerous
applications would be made under precisely
similar circumstances, and supported by argu-
ments equally cogent. But even if the neces-
sary expense of erecting the requisite buildings,
of providing fit salaries for competent masters,
and of superintending the operation of so
many different establishments, did not effec-
tually preclude the possibility of successfully
engaging in such an undertaking, the board
have reason to believe that the number of
those in a position to avail themselves of its
advantages would not justify them in incur-
ring such additional and heavy responsibilities,
especially when they are led to expect that
the object in view may be attained in a more
complete, effectual, and expedient manner
by pursuing a different course.

They have now under consideration the pro-
priety of founding a number of bursaries,
exhibitions, or free scholarships; one object
to be attained being that by which those who
live at a distance may be placed as nearly as
possible, and as far as the funds will permit,
on terms of equality with the residents in the
immediate vicinity of the College. Several
plans have been proposed, and the board hopes
shortly to mature its arrangements for this
purpose, as well as for the encouragement of
superior merit and ability.

Public attention having already been strongly
directed to the subject of education, it may be
reasonably expected that its standard will be
raised from year to year, that the increasing
requirements of those who present themselves
from the various districts will necessitate a
corresponding advance in the character of the
College; so that, before long, Nelson may be
enabled to point to those who have been born
and educated within her limits, without fearing
to suffer by comparison with any additions to
her population from other parts. For many
years to come, it will be perhaps impossible for
New Zealand to make any provision for pro-
fessional education, and her lawyers, divines,