;Debates ant ilkocerbincts in Viatliament. GOVERNMENT OF CANADA.
In the House of Commons, on Thursday, the order of the day having been moved for bringing up the report on the Committee of Supply, /dr. ROEBUCK drew attention to the present state of the government of Canada.
He took a retrospect of Canadian affairs from the time of the Union. He revived some of the charges against Lord Sy drubs's], of obtaining a majority in the local Parliament by altering the electoral districts and by other manceuvres; and of importing into Canada violence and corruption at elections. Sir Charles Begot succeeded : be said that be meant to govern the colony on the principle of giving the people a responsible Government ; and the people forgot their injuries as soon as a proper representative Government was given to them. On assuming the administration, Sir Charles Metcalfe also said that he meant to govern on the principle of responsible government ; but be never took the trouble to explain what he meant by the term. In fact, he violated the principle ; and particularly in the appointment of persons to local offices without any consul- tation with the Executive Council. Of these appointments so made was that of the Speaker of the Legislative Council. This appointment was
offered without any advice with the Council ; and the people heard for the first time in the streets of Kingston that the offer of this high office bad been made to one of their bitterest opponents. He should like to know what the right honourable Baronet at the head of the Government would say if be were to
hear that the office of Speaker of the Douse of Lords had been offered to Lord Cottenbam. Yet the two cases were exactly analogous. It was fair to draw
the analogy. This was an internal piece of polity, and was bringing the ques-
tion in dispute to an issue. They went not to vague generalities, but, taking a specific case, they said, " Such is the polity you have pursued in this case; do you intend to continue it? " And the answer of Sir Charles Metcalfe was, most distinctly, that he did ; declaring, to use his own: phrase, " that he
would not violate his duty by surrendering the prerogatives of the Crown." The Executive Council then said, " In that case we can no longer act as
your Ministry "; and they tendered their resignations, which Sir Charles
Metcalfe accepted ; and from that day to this the colony bad been with- out an Administration. There was a Governor-General, and nothing else : the present Ministry consisted of Mr. Daly and Mr. Draper; and- Mr. Daly, though be acted with the Governor, bad not accepted office, to avoid the ne- cessity of being reelected. At the end of this year, the Canadian Parliament will cease to exist ; and then the majority against the Government must be in- creased. The course pursued by the Government had bail the effect of uniting the Democratic party of Upper Canada with the Liberals of Lower Canada; and the force of circumstances had produced a united party against the Govern- ment in Parliament, so powerful that they could not overcome it : and they had, therefore, no hope but in one of two things—either to yield to the will of
the people or to govern by the bayonet. There was no alternative left. At present Sr Charles Metcalfe was the sole Governor of Canada : was that the sort of government the noble Lord the Secretary for the Colonies contemplated when he spoke of a responsible government ? He would ask the noble Lord whether his understanding of a responsible Government meant a Government like that now existing in Canada—a Government carried on by a Governor-General without any responsible advisers; or whether his idea of a responsible Government was a Government chosen out of those persons who enjoyed the confidence of the people expressed in the
representatives they return to the Legislature, as was understood and expressed by Sir Charles Begot? He pointed to the Montreal election as having gone
against Government ; and denied that more violence had taken place there than
is common in Covent Garden at Westminster elections. There were other causes of complaint : private hills were passed in this country—measures like
the charter given to the British North American Bank, and the act giving
powers to the North American Colonization Company ; for he contended that no private bill affecting the interests of a colony ought to be passed without due notice to that colony. He concluded with a warning. The attempt to tax the colonists, and to impose on them a permanent civil list without their consent, had occasioned us the loss of the United States : the discontent in Canada was the result of the same system of interference. Treat the Canada, fairly, and they would remain the firm friends of the Mother-country and of British con- nexion ; but continue the system now pursued, and they would become the firm supporters of Democratic institutions, and the chances of their union with the United States would be increased.
Lord STANLEY, who remarked that he had expected Mr. Roebuck to close with some motion, contended that the principles asserted, if pushed to the extent contemplated by Mr. Roebuck, would be incon- sistent with Monarchical institutions: but even admitting their troth, still Ministers would give to Sir Charles Metcalfe their cordial appro- bation.
He should be prepared on the part of Government to express their unquali- fied approval of Sir Charles Metcalfe's conduct in two matters which had been
made grounds of accusation against him by the Executive Council. The
Governor-General had stated publicly, and it had not been contradicted—it had been stated by one of those who still adhered to his Government, and in the presence of the Executive Council who had left him—that the Executive Coun- cil demanded from the Governor-General that he would agree, under his hand and seal, to make no appointment and no offer of an appointment whatever, without previously taking the advice of the Council ; that the list of candidates
should always be laid before them, and that they should have the power to re- commend any other persons at their discretion, and that the Governor-Gene-
ral should not make any appointment which they might consider prejudicial to their views; in other words, that the whole patronage of the Crown in the colony should be surrendered to the Executive Council for the purpose of Par- liamentary support. It was not merely that the Council said to the Governor- General, you must act with us—you must consult with us—with regard to all the great measures of Government ; but it was this—you must bind yourself under your hand and seal, that under all circumstances, and on all occasions, no appointment to any Government-office shall be made without our consent ; the patronage of the Crown in every direction and in every department shall he, by an instrument under your hand and seal, submitted to the Executive Coun-
cil. Sir Charles Metcalfe at once rejected that proposal ; and Lord Stan- ley thought be was right in rejecting it. Lord Stanley contended that the forced
analogy between a colony and this country, where the Sovereign is not responsible,
cannot hold good. The Sovereign, in deference to the opinion of the constitu- tional advisers of the Crown, made the appointment on the recommendation of the Minister ; and every Minister, in making a recommendation to the Crown, so far as higher and more important considerations would permit, paid, and was bound to pay, deference to the personal convenience, wishes, and feelings of the Sovereign : and, on the other hand, although the Sovereign had the power to reject the appointment recommended by the Minister, it was usual to sacrifice
all personal considerations to the public advantage. But the case of a colony was totally different from that of this country. Here the people respected the dignity of the Crown from its hereditary nature, and were influenced by a loyalty and attachment to the person of the Sovereign and the Monarchy that was almost inherent. Then there was the Rouse of Lords. In the colony, the Governor, with the salary of a country gentleman, responsible to the Crown, a stranger to the colony, has but small influence and authority; and the Legislative Council has none of the influence of a Peerage. Place that Governor and the
Legislature an constituted in the position of &Minister being himself responsible, and compelled to act in every respect with Parliament, stripped of all real power and authority, liable to act under the control of the leading politicians and parties of the day, and what would they institute in Canada? That which, but tor the influence of the Crown and the Peerage, and the necessity of the •
Prime Minister of this country possessing the confidence of the House of Com- mons, would be the result here, a Republican government. Lord Stanley
referred at considerable length to Lord Durham's Report, and Lord John Russell's despatches, to show that they had not given so extended a meaning as Mr. Roebuck to the term "responsible government"—that is, the government of the colony by the heads of departments possessing the confidence of the Colonial Parliament. He proceeded to define responsible government in his acceptation of the term. Be understood by responsible go- vernment, that the Administration of Canada was to be carried on by heads .0f departments enjoying the confidence of the people of Canada—enjoying the -confidence of the Legislature of Canada for the due exercise of the functions of their departments ; and more, that the Governor, in preparing and intro- ducing with his sanction legislative measures to the Colonial Parliament, was to be guided by the advice of those whom he bad called to his councils; that be was to introduce measures upon their advice, and upon the advice and in- formation of the local authorities throughout the kingdom, taking the respon- • sibility of their conduct through the Colonial Legislature. But if the honour- able and learned gentleman asked this, whether he meant by responsible go- vernment that the Governor was to be a mere machine—a passive instrument in the bands of the Executive Council, or of any other different body—he re- pplied he did not so understand it. He quite well understood to what that led; but he did not understand that it was a constitutional method of govern- ing a British colony. He therefore approved of the discretion exercised by Sir Charles Metcalfe in refusing his consent to a proposition which hound him in every respect to the will and pleasure of the Executive Council. But Sir
Charles Metcalfe had signified his adherence to that principle which the honour-
able and learned gentleman desired to see established as the basis of Canadian Administration. The resolution adopted by the House of Assembly on the 3d September 1841 bore upon the face of it that the head of the Executive Government, being the representative of the Sovereign, was responsible to the Imperial authority alone, but that the internal manage- ment of local affairs could only be conducted by and with the assistance of the Council and the subordinate officers of the province. He did not now enter into the question of whether responsible government was or was not likely to be conducive to the prosperity and welfare of Canada—whether it `►as most likely to enlist in the ranks of a government the greatest number of men of talent, honour, integrity, and station. The principle had been fully re- cognized on the part of Government both here and in Canada; and it was upon the principle of that recognition that Sir Charles Metcalfe had avowed his de- termination to conduct the Government of that colony.
As to the facts stated by Mr. Roebuck, Lord Stanley read an extract of a despatch by Sir Charles, in which he said that he had never made an appoint-
ment without consulting the Executive Council, and rarely otherwise than in accordance with their recommendation. Nor must the House run away with the idea that it was a question in which the Colonial Government or the Go- vernment at home were interested. Long since, the whole of the patronage of
the Crown in North America had been placed in the hands of the Governor ; and for himself, he could say that be had not had the distribution of 50/. worth
Of patronage in North America since he had held the reins of office. All the appointments had been made, on recommendations of the Governor-General, from residents in the colony ; and he declared that since he held office, he had never, by instruction, recommendation, hint, or suggestion, interfered, directly
or indirectly, with any appointment which had or had not been made in Ca- nada. Let not the honourable and learned gentleman tell him that the distri-
bution of patronage in a country like Canada is of such little importance that
it might be safely or could be wisely intrusted to the absolute discretion of the dominant political party of the day. He doubted whether it was for the ad- vantage of any small community—he was sure it was not for the advantage of a colony—that political patronage should be dispensed as a reward for political subserviency. Let him illustrate the principle. He went on to point out the mischiefs that might arise from such a system where almost all the leading men are of one profession—the law : and then he enlarged on Sir Charles Met- calfe's peculiar fitness for his post, from his mildness, practice in business,
princely munificence, and other high qualities ; pointing to his services in India and Jamaica. As to the distribution of patronage, no single act was laid to his charge ; no single act, legislative or administrative, was impugned. Yes, there was one—that he reserved for the consideration of the Crown an act
which he permitted them to introduce. "That act was against secret societies. It was directed by the party in power against a party obnoxious to it—I
mean the Orange party. I have no sympathy whatever with that party. I be-
lieve that any advantage derived from the loyalty they profess, and which I be- lieve they sincerely feel, is more than counterbalanced by the religious ani-
mosities and political dissensions which as a body they excite. I repeat, I
have no sympathy with Orange lodges, and I regret their existence in Canada and elsewhere. But the Council pressed on Sir Charles Metcalfe not that he should pass an act, but that on his own authority he should give effect to an act analogous to the party-processions of this country, and which would have the effect of virtually proscribing every person that belonged to an Orange society. Sir Charles Metcalfe declined ; but be permitted them to introduce a bill, which he afterwards objected to as being unconstitutional. That the term was not too strong, would appear upon stating the leading pro- visions of the bill. Every Orangeman was declared by the bill incapable of holding municipal or civil office, of serving in the militia, or of serving as jurors when challenged. Every person holding office was to make affidavit that he was not an Orangeman ; and penalties of the severest character were inflicted for holding office without making such an affidavit. In the last place, the fur- niture was sold and licence forfeited of any public-house in which a lodge was held. What did the Governor do ? He had the power of assenting to any act in the name of the Crown, leaving it to the Crown to disallow his decision if it were thought proper. He has the power, and, according to his instruc-
tions, he was bound to cause any bill of an extraordinary or unusual charactre
to be reserved for the signification of the Queen's pleasure : the effect of which was, that such a measure should not become law until the Crown in person signified its assent or dissent. The course be took was pursuant to his instruc- tions: he reserved the bill for the signification of the Queen's pleasure, in order to leave to the constitutional advisers of the Crown the discretion of ex- ercising that prerogative which he felt too weighty to take on himself. And that was the single executive, administrative, or legislative act with which the Council found fault ; and that on the ground that the exercise of the pre- rogative should be controlled by the advice of the very party to the passing of this bill."
Referring to what Mr. Roebuck had said of private measures, Lord Stanley said, that when the American Colonization Company asked for a bill, he did not refuse it, but he said that it must not take effect until it should have received the assent of the local Legislature. He read a despatch which he had written in answer to an address from the Legislature complaining of the Civil-list, in which he said that her Majesty would gladly owe the provisions of the Civil- list to the spontaneous bounty of the Canadians ; and that if the Legislature, in concert with the Governor, provided a Civil-list adequate to the purposes intended by Parliament, he should gladly introduce a bill removing any restric- tion on the finances of the United Province. As to the Montreal election, he declared that his information was quite at variance with Mr. Roebuck's ; for he understood the election to have been controlled by an organized band of Irish labourers from Lachine Canal. He concluded by pointing out the financial and commercial advantages which Canada enjoys from the British connexion; and expressing his trust, that instead of listening to the counsels of unprin- cipled demagogues, the colonists would take for their guidance the liberal, sound, and honest views of their Governor-General.
Mr. HUME expressed a high opinion of Sir Charles Metcalfe, and im- puted his failure to the trammels cast over him by Lord Stanley. [Lord STANLEY disclaimed the imputation.) He dreaded the worst conse- quences from the present state of things : no one regretted more than he did the resignation of the late Canadian Ministers ; and he hoped
that both parties would relax a little in their extreme courses.
Mr. CHARLES BULLER vindicated responsible government, and de- fended Sir Charles Metcalfe.
He insisted that the want of responsible government had produced all the disorders in Canada ; and that the observance of it, so long as the principle. of Lord Durham's Report had been acted on, had produced contentment to the people. In every instance of a Parliamentary Government, the business of that Government must be carried on by heads of departments, who enjoy the confidence of the Executive authority, and of a majority of the Legislative As- sembly ; and no man could seriously think of saying, that in the appointment of every subordinate officer in every county of Canada the opinion of the Exe- cutive Council was to be taken. No man could seriously believe that any one thought that a revenue-officer in a remote county of Canada would be ap- pointed by any Government otherwise than by recommendation of the local authorities. No ruler could hope to carry on the business of Government if he did not take that course; for the local authorities were those alone who could possess the knowledge requisite for giving a sound recommendation in such a case. So far, then, they were agreed as to the principles upon which Canada ought to be governed, and he might say that the people of Ca- nada had had the full benefit of those principles : but he disagreed from some honourable Members as to the facts. In the first place, Sir Charles Metcalfe did not violate the principle of responsible government ; in the second, be did not turn out his Executive Council ; and in the third, he did not refuse in the manner stated the pledge which had been demanded of him. There was a story that Sir Charles Metcalfe had made a number of appoint- ments selected from the opponents of Government : but not one case was spe- cified; fur the Speakerabip of the Legislative Council was offered after the re- signation. The fact, then, was, that a set of gentlemen resigned because, as they said, appointments had been made without consulting them ; and yet, when called upon to state what those appointments were, they could not men- tion a single one. The unfortunate consequence of that had been, no doubt, that the Government of Canada had not been filled up satisfactorily • that the Governor-General, not wishing to throw himself immediately into the hands of his political opponents, bad not been able from among his own supporters sa- tisfactorily to fill up the offices of the Government. But, after all, his honour- able and learned friend the Member fur Bath had rather overstated the mis- chiefs that had resulted ; for many of the offices of the Government had been filled ; that of Provincial Secretary by Mr. Daly, of Attorney-General by Mr. Draper, and of Solicitor-General of Lower Canada by Mr. Barnard. Glancing at the Montreal election, he declared that it had been carried by violence ; and one fact in corroboration was, that only one-third of the French electors polled. Should the Local Parliament approve the conduct of the retiring officers, Sir Charles Metcalfe must appeal to the constituent body ; and he believed that such an appeal would be responded to by the good sense of the electoral body. But, in order to give that good sense fair play, one thing must he done in this country, and that was, that Parliament should strongly express an opinion as to the question at issue between Sir Charles Metcalfe sod the Executive Go- vernment, and as to the course which the Government and the Parliament were prepared to pursue. The tone adopted by the noble Lord, he must say, would be most satisfactory to the people of Canada ; and he believed that it would be so because he understood that the noble Lord was prepared to sup- port Sir Charles Metcalfe—(" Hear, hear l" from Lord Stanley)—because he understood that the noble Lord's support was not confined to one part, but to the whole of the Governor-General's policy—because the noble Lord approved of the marked attention pail by Sir Charles Metcalfe to the sound and fair practice of government, and of his resisting any the slightest infringement upon the fair prerogatives of the Crown. (" Hear ! " from Lord Stanley.) His firm belief was, that if it was once fairly stated to the people of Canada that such was the determination of the Legislature and Government of this country, the people of Canada would gravely and seriously consider the conse- quences of maintaining a contest with this country on grounds so untenable as those which their leaders had taken.
Lord JOHN RUSSELL briefly and approvingly reviewed the adminis- tration of Lord Syden ham, Sir Charles Bagot, and Sir Charles Metcalfe; thinking that the last could not do otherwise than resist the demands of the Executive Council.
If it was their opinion that Sir Charles Metcalfe was to listen to them and not obey the instructions which he had received from England, he must say they took an exaggerated notion of their power and importance; and, taking the authority of Sir Charles Metcalfe for the facts, it appeared to him that he had been right in his disputes with the late Executive Council. There appeared to him some ground of hope, since those who were of the late Executive Coun- cil wished to have the demands which they made put on some other and dif- ferent ground—that it arose from a want of general confidence which the Go- vernor ought to have towards his Ministers. If they agreed that they would not insist upon any such demands, he thought it would be far easier for the Assembly of the Province to come to some further understanding on the sub-
ject. Sir Charles Metcalfe, or any other gentleman, would do well to observe that when persons were appointed to this office the general conduct observed to- wards them should be marked by openness and candour, which would inspire
them with the same feelings. He did not take so gloomy a view as the honour- able Member had taken ; for he trusted that the Legislative Assembly of Ca- nada would see that it was far better for them to have a man like Sir Charles Metcalfe carrying on the government, with no other view than to promote the interest of that province, than to enter into idle and vexatious disputes, which must retard the prosperity of the colony. Sir ROBERT PEEL, like previous speakers, expressed his thorough approval of Sir Charles Metcalfe's conduct. Touching upon the theory of responsible government, he doubted whether a Governor in a small community could in all cases govern by a party ; he could not properly do so through an intolerant party ; as in the case of the French Cana- dians, for example, if their opponents had happened to possess a ma- jority. Sir Robert wound up the debate with some conciliatory remarks spoken at the colonists- .. While I am disposed, with my noble friend, to support Sir Charles Met- calfe, and to give him the full and permanent support of the Government, I do not wish to show any disposition to withhold from the people of Canada the fulfilment of every engagement held out to them, either by the Act of Union or by the general disposition manifested by Parliament in the course of the discussions on that question. I am perfectly satisfied that the only utility of our connexion with Canaria must depend on that connexion being carried on with the perfect good-will and concurrence of the people of Canada Unless that connexion can be maintained with the good-will and kindly affections of the people of Canada, it would be infinitely better that it should he discontinued. than that it should be maintained by force. So far from wishing that anything should happen to weaken the good feelings and affections of the people of Ca- nada, I trust that nothing has passed in the course of this debate calculated to have such an effect. On the contrary. I trust that the people of Canada will perceive that there has been a different feeling, and that there has been a general desire on the part of this House and of the Government to support that able and distinguished man, who, under the pressure of severe suffering and ill.. health, discharges with seal the. important duties wit h which he is intrusted. I. hope that this will be an inducement to the people of Canada to terminate those difference', and to see the impolicy of prolonging those unfortunate dis- cussions. I believe that the determination shown on the part of the Parlia- ment and the Government to support Sir Charles Metcalfe will not be without its effect ; and that the people of Canada will be convinced that we do not ask any power or patronage but what we believe to be essential to the good govern- ment of Canada, and to enable us to maintain the connexion between the two countries. There appears to be a feeling in a part of the House, that a vast majority of the people of Canada are adverse to the views of Sir Charles Met- calfe. Now, I very much doubt whether that is the fact. I hold in my hand a book containing some statements on this subject; and I find, that out of ninety-three addresses presented to Sir Charles Metcalfe, ninety of the ad- dresses were in favour of his policy, whilst only three were condemnatory of it. I trust that this will be considered as an intimation, that when the present state of feeling has a little subsided, the people of Canada will feel, that if they by their conduct forced Sir Charles Metcalfe to retire from the government of that country, it would be very difficult to find a successor as competent to ad- minister the public affairs of that country, or one more anxious or more sin- cerely desirous to confirm the interest and promote the permanent advantage and prosperity of the people of Canada."
The motion which had furnished the opportunity for this discussion Was then agreed to.
On Thursday, Mr. FITZROY KELLY moved to bring in a bill to pro- vide appeals in criminal cases.
In every civil case, though the property at stake may not exceed 40s., the party aggrieved by the verdict of the Jury or the decision of the Judge may appeal against either or both : in criminal cases, though character, property, liberty, life itself may be at stake, and whatever strong grounds may exist for an appeal, it is not allowed in this country, though it is in almost every other civilized country. His bill would as far as possible assimilate the civil with the criminal law in regard to appeals. Both Judges and Juries may go wrong ; and he cited instances in which the want of appeals has led to disastrous con - sequences. In Suffolk, nine years ago, a man named Chalker was convicted of the murder of a gamekeeper ; the Judge ingeniously turned every point against him ; his friends, convinced of his innocence, tried to arrest the execution, but io vain, and he was hanged : a soldier in India, who bad seen Chalker executed. lad since, oppressed by conscience, actually confessed that he was the real murderer. It might be said that in every case the Judge might reserve a point, and that in every case there was a recourse to the Secretary of State. But Judges were not compellable to reserve points ; and he instanced a case in which he hail had the greatest difficulty in inducing a Judge to submit a tech- nical point to Lord Tenterden, who said that it ought to be reserved : it was reserved, but only just in time to save the life of the convict ; though the point was one which was held good by the unanimous decision of eleven Judges, in- cluding the condemning Judge himself. The convict still survives, a reformed man. Some Judges would consent, where others would peremptorily refuse ; but such a matter ought not to be one of indulgence. Again, if the Judge who tried the case consented to reserve the point, it was still a matter of indulgence whether the Judges before whom it was brought for consideration would hear counsel or not : and then the reasons for affirming the sentence, or for recom- mending a pardon, were not publicly delivered. The Secretary of State might he applied to, but he would refer to the Judge; and unless the Judge were favourable, there was very little chance that the Secretary of State would give relief. By his bill be proposed that it should be open to the party convicted to move in any of the Superior Courts for a rule to show cause why there should not be a new trial ; upon which motion the Court should be at liberty to deal with the matter as in a civil case: and he would propose that a like application should be open to the convicted party upon points of law in arrest of judgment. He would also allow a bill of exceptions, and an ultimate appeal to the House of Lords. It might be objected, that in capital and other heavy cases there would always he an appeal, to gain time. To obviate this practical evil, he would invest the Judge with a discretionary power either to pass and execute the sentence, or to postpone the passing or execution of it ; a power which he believed little likely to be abused. Anticipating some other objections to the measure, be noticed one advantage—that the House of Commons would no longer be made the Court of Appeal for criminal cases. Mr. GODSON seconded the motion ; observing that the appeal is already possessed in cases of misdemeanour by those who can afford to remove the indictment by certiorari into a higher Court.
Sir JAMES GRAHAM did not oppose the introduction of the bill, but expressed doubts of its necessity and expediency. Under the present system, as Mr. Kelly had allowed by implication, the administration of justice in this country has attained a high character among the nations. In civil cases the public have little interest, whatever delays may occur ; but in criminal cases the public have an interest that punishment should follow quickly upon crime. Mr. Kelly had not indicated the composi- tion of the appellate tribunal ; and Government would be very reluctant to increase the number of the Judges ; which could hardly be done without deteriorating the character of the class. However, it would of course be the duty of the Government, and of the House, cordially to consider the measure ; more especially the means by which, practically, it was proposed to carry out a principle declared now for the first time essential to the administration of criminal law.
Leave was given to bring in the bill.
DISCHARGED PRISONERS. Mr. HAWES obtained leave, on Thursday, to &ring in shill for the voluntary establishment of County Asylums for the relief of destitute prisoners on their discharge from prison. EDUCATION. In the House of Lords, on Thursday, Lord WIIARNC LIFFE Moved the second reading of the Education of the Poor Bill. Ni, money can be granted by the Committee of Council except on conditions—as, for instance, of perpetual inspection ; but they had found the greatest difficulty in obtaining the adoption of such conditions as they required from the existing trustees. The bill was intended to remedy this inconvenience. After a few words, the motion passed. In the course of the conversation, the LORD CIIANCELLOR said, in a little - while he should bring in a bill to remedy defects in the existing trusts of schools generally.