en a prospectus was submitted by the
Rev. Dr. Lillie and J. West. A thousand pounds were subscribed in the
room, and in five weeks L5000 (1847). The first conspicuous object seen
by the stranger on entering the river is the High School of
Hobarton,--an edifice erected amidst enchanting scenery, on a site
granted by the crown, and possessing architectural attractions which
have yet to be equalled in this hemisphere. The institution is managed
by a council of nine, chosen by the shareholders. The Rector, nominated
by the London University, was the Rev. J. B. Froude, author of the
"Nemesis of Faith,"--a publication which led to his instant resignation.
James Eccleston, Esq., appointed in his stead, survived the opening of
the school only one month. A thousand pounds were subscribed for his
widow.

Thus the activity of private zeal effected the objects contemplated by
legislative interference. The growth of population will give ample scope
for these various institutions, and extinguish all but a wholesome
rivalry.

FOOTNOTES:

[Footnote 248: The council derived their powers from the Act 9 of George
IV., c. 83. They were permitted to enact ordinances "for the good
government of the colony," but they were forbidden to impose taxes,
except for local purposes; and they were ordered to state "distinctly
and particularly in the body" of every law the purposes to which the tax
should be applied; and thus to prevent the evasion of the prohibitory
clause intended to protect the subject. It was not worth while to
enquire whether the view of the judges of the legality of the act in the
case of Symons _v._ Morgan was in harmony with the parliamentary act,
because the question merged in one of much greater importance--Whether
they could take that act into consideration at all? It was of far more
consequence to know whether the colony had a remedy against the
usurpation of the legislative council, than to decide whether Messrs.
Horne and Fleming were better lawyers than Sir John Pedder and Mr.
Justice Montagu. "The powers of a subordinate legislature," says a
distinguished writer, "are expressly or tacitly delegated by the supreme
government. In order, therefore, to determine whether an act of the
legislature has a binding force, it is necessary to look at the extent
of the delegation. If the act be not within the scope of the delegation,
it is without binding force, and can be annulled before a competent
tribunal" (Lewis on Dependen