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1901*1928
DOCUMENTARY HISTORY
OF
EDUCATION IN UPPER CANADA,
FROM THE PASSING OF THE
CONSTITUTIONAL ACT OF 1791.
TO THE
CLOSE OF THE REVEREND DOCTOR RYERSON'S ADMINISTRATION
OF THE EDUCATION DEPARTMENT IN 1876.
VOL. IX: 1850, d851.
Forming ax Appendix to the Annual Report of the Minister of Education.
BY
J QEOROE HLODOINS, IVC.A., IvI^.D.,
OF Osgoode Hall, Barrister- at-La w ; Ex-Deputy Minister of Education;
librarian and historiographer of the education department for ONTARIO.
SEEN BY
PRESERVATION
SERVICES
DATE...fleP^?.2.}99S'
1^\\ -^
TORONTO:
Printed and Published by L. K. CAMERON,
Printer to the King's Most Excellent Majesty.
1902.
LA
TORONTO:
WARWICK BRO'S & RUTTER, Printers.
• PREFATORY NOTE TO THE NINTH VOLUME.
This Volume deals with three Educational Historical Events of note. The
First relates to the final transformation, — after many previous efforts, — of King's
College into the University of Toronto, under the Baldwin Act of 1849, and the
after explanatory, or declaratory, Act of 1850, which followed it.
The Second notable Event recorded in this Volume was the establishment, by
Doctor Strachan, under exceptionally difficult circumstances, of the " Church
University," named, by him, " Trinity College."
The Third Event of importance was the passage, (after fully testing public
opinion, by correspondence on the subject,) of the carefully prepared and com-
prehensive Common School Act of 1850.
Each of these Events had a stirring and striking characteristic history of its
own, as narrated in this and the preceding Volume.
The University Acts of 1849 and 1850 were only passed after a prolonged
struggle, which dated back to the time when the previous effort had been made
to settle this very troublesome " University Question" in 1837.
The " Church University," — the result of this University controversy and its
final settlement, — was only established by Doctor Strachan after a protracted,
and, in many respects, an unpleasant recriminatory Correspondence with the
Imperial and Provincial Governments, as fully given in this Volume. This Cor-
respondence took a two-fold form, — the first part dealing largely with the two
Governments on the subject of the alleged * destruction of King's College,"
and the necessity, therefore, as felt by Doctor Strachan, of obtaining directly
from the Queen, a Charter, that would for ever after guard the " Church Univer-
sity" from any interference, on the part of the Executive Government of the Pro-
vince, a precaution which had not been taken in the case ot King's College. The
other, and more personal part of this Correspondence, was in the shape of
appeals to Members of the Church of England in Canada and in the Mother
Country, for practical sympathy, in the shape of Lands and Money. This
portion of theCorrespondence is only given in part, as not being of public interest.
The untoward circumstances, connected with the passage of the (Cameron)
School Act of 1849, (which has been fully detailed in the preceding Eighth
Volume of this History, and which led to its practical abrogation,) suggested to the
Baldwin Government of the day the desirability of ascertaining what was the
actual state of public opinion in regard to the proposed School legislation, by
which it was designed to replace the discredited (Cameron) School Act with a
comprehensive and thoroughly practical one.
With this object in view, the Honourable Francis Hincks, Inspector General,
(who, on behalf of the Government, had charge, in 1850, of School legislation in
iv. DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA.
the House of Assembly,) issued a Circular in January, 1850, on the subject, to
School Superintendents, Ministers and other official persons. In it, he asked for
personal opinions on the provisions of the School Acts of 1846, 1847 and the
(Cameron) Act of 1849. He requested that he should be furnished with such
practical suggestions, in regard to the provisions of a new School Bill, as the
writers were prepared to recommend.* The more important of the Replies to his
Circular, which Mr. Hincks received, are embodied in Chapter III of this Volume
The whole of these Replies and Suggestions, were transferred by Mr. Hincks to
Doctor Ryerson, who, at his request, embodied such of them as were approved in
a Draft of Bill, which was largely based upon Drafts of School Bills which Doctor
Ryerson had transmitted to the Government in 1848 and 1849* Mr. Hincks
submitted this revised Draft of Bill to the House of Assembly in May, 1850, and
it was passed into a Law in July of that year. From its comprehensive character
it has always been considered as the Charter Act of the School System of Ontario.
A personal incident, affecting Doctor Ryersoji, occurred during the passage of
the School Bill of 1850 through the House of Assembly. A vigourous attack had
been made on the salary of the Chief Superintendent, with a view to reduce it,
and the question of his dismissal by the Government, (for having taken a leading
part against the Members of that Government in 1844,) came up, in the course of
this discussion. In his reply to those who had advocated the dismissal of the
Chief Superintendent, Mr. Hincks said : —
'* I do not find that the Reverend Gentleman, since his appointment, (in September, 1844,)
has entered, in the slightest degree, into the field of politics ; and, as he has discharged his
duties with great zeal and ability, the Government had no reason to interfere with him . . .
My own determination is, — to give him my most cordial support. As a Member of the Govern-
ment, I consider it my duty to do so."
Mr. Hincks honourably performed his promise to give Doctor Ryerson his
" most cordial support." As will be seen on page 23 of this Volume, he put into
the Estimates of 1850 the item of $60,000, to enable the Chief Superintendent to
erect Normal and Model Schools and the Education Offices. As that sum did not
prove to be sufficient, he put in the Estimates of a year, or two, afterwards an
item of an additional sum of $40,000,— or $100,000 in all,— so as to enable Doctor
Ryerson to finally complete his plans.
A Bill, with the indefinite title of : " An Act to Define and Restore Certain
Rights to Parties therein Mentioned," was introduced into the Legislative Council
by the Honourable John Ross. The object of this Bill was to authorize the
establishment of Roman Catholic Separate Schools in each Ward ot a City, or
Town. Its passage by the Legislature, in August, 1851, led to a good deal of
unpleasant controversy at the time. The circumstances connected with this case
are fully stated on page 239-241 of this Volume.
One of the most rare and interesting Documents, which I was able to secure
for this Volume, was, as its title stated : —
" These Drafts of Bills are given on pages 83-93 and 217-221 of the Eighth Volume of this Documentary History.
DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. V.
" A Brief History of King's College in Upper Canada from its First
Germ in 1797, to its Suppression in 1850."
This rare Document was originally printed in a separate form, chiefly for
circulation in England, by the promoters of Trinity College. It has no signature
attached to it ; but, having been favoured with the loan of a large Volume of
Manuscripts, entitled : " Original Documents : Church University," I found that
this original Document is in Bishop Strachan's well-known hand writing — with
sundry erasures and additions, — the most important of which I have reproduced
in the copy, as reprinted in this Volume.
Of the Proceedings of the following Public Bodies, which were of general
Educational interest, I have made selections of the most important parts of them :
1. The Educational Proceedings of both Branches of the Legislature, for the
years 1850 and 1851, and, (in a separate Chapter,) the Reports'and Papers relating
to the University of Toronto, etcetera, which were laid before them*
2. The Educational Acts passed by the Legislature in the years 1850 and 1851.
3 The Educational Proceedings of the initial Meeting of the Senate of the
University of Toronto \for the year 1850, and the Proceedings of its second
Meeting in 1851 ; also the Proceedings of the Endowment Board of the University
and the Report of the Commission of Inquiry into the Affairs of King's College.
In this connection I have given such Proceedings of the Visitation Commission
of the University of Toronto as were available.
4. The Proceedings of the Board of Education, (afterwards the Council of
Public Instruction), for Upper Canada for the year 1850.
5. The Proceedings of certain Churches, representing Victoria and Queen's
Colleges, etcetera
This Volume also includes two important Documents by Doctor Ryerson :
1. An Appeal to the Inhabitants of Upper Canada in Favour of Free Schools.
2. Annual School Report for the year 1850.
Also, a Series of Circulars, explanatory of the Provisions of the New
School Law of 1850, and various suggestions as to how these Provisions of the
Act could be most satisfactorily brought into successful operation.
I have thus sought to group into separate Chapters the Educational Pro-
ceedings of the several Public Bodies named. In many cases there did not seem
to be any immediate connection between the Proceedings of the Legislature and
those of the other Bodies, having a separate organization. Yet, it very frequently
was found, that there was a sort of interdependence the one on the other, which
influenced their seperate action, more or less.
* These Papers include the Correspondence of Doctor Strachan with the Imperial and Provincial Governments, and the
Despatches of the Governor General and the Colonial Secretary, on the subject of a " Church University" for Upper Canada.
vi. • DOCUMENTARY HISTORY OF EDUCJft'ION IN UPPER CANADA.
In thus grouping the several Chapters, in this Volume, I have sought to give
a separate, yet a connected narrative, of the Educational Events of the years
named, arranging that narrative in what I believed to be the order of its interest
and importance, — carefully avoiding repetition, or overlapping, of topics, or
subjects.
I need only refer here to the great difficulty which has been experienced in
many cases, in collecting from miscellaneous and, in some cases, from unexpected
sources, the materials, which go to make up these several Volumes, and then
arranging that material in somewhat like systematic order, so as to give a com-
prehensive birds-eye view, for the specified years, of the entire collection of
separate Educational Papers and Documents as a whole.
J. GEORGE HODGINS,
Librarian and Historiographer of the
Education Department for Ontario.
Toronto, August the 12th, 1902.
CONTENTS OF THE NINTH VOLUME, 1850, 51
Chapter. Pa.ge.
I. Educational Proceedings of the Legislature of 1850 1
1. Educational Proceedings of the House of Assembly, 1850 1
(1) Brief History of the Clergy Reserve Question, as Connected with
Education, 1827-1850 3
(2) Discussion, with a view to reduce the Salary of the Chief Superin-
tendent and his Assistants 7, 13, 14, 15
(3) Mr. Baldwin's Manuscript Draft of the University Bill, in part ... 9
(4) Discussions on the School Bill of 1850 11, 12 14
(5) Relations of the Provincial Government to Doctor Ryerson in 1850 14
(6) Original Draft of a Proposed Grammar Bill 21
(7) Additions made to the School Bill of 1850 by the Government 24
(8) Doctor Ryerson's Explanation of the Cause why the Separate School
(Nineteenth) Section of the Bill of 1850 was changed in passing. 25
2. Educational Proceedings of the Legislative Council, 1850 26
II. Educational Acts Passed by the Legislature in 1850 31
1. Act for the Better Establishment and Maintenance of Common Schools in
Upper Canada, 1850 31
2. An Act to Remove Certain Doubts respecting the Act of Last Session of
Parliament of 1849, for Amending the Charter of the University of
Toronto 49
3. An Act to Provide for the Payment of a Sum of Money for the Support of
three additional Grammar Schools in the County of York, 1849 52
4. An Act to authorize the Removal of the Site of Victoria College from
Cobourg to Toronto 53
III. The Honourable Francis Hincks' Test of Public Opinion in Regard to
the School Acts of 1846, 1847 and 1849 , 54
Correspondence of various parties on the Common School Act, and Suggestions
as to a New School Bill 54
Part I. Remarks and Suggestions by County School Superintendents 54
Part 11. Remarks on School Acts, and Suggestions on School Legislation,
by Teachers' Associations 63
Part HI. Criticisms on the School Law, and Suggestions from Private Parties 67
Part IV. Proceedings of Various County Councils in regard to Education
generally and the Proposed School Bill of 1850 70
Part V. The Chief Superintendent of Education to the Inspector General. . . 71
IV. Appeal of the Chief Superintendent of Education in Favour of Free
Schools in Upper Canada 73
V. Reverend Doctor Strachan's History of King's College, from 1797 to 1850. 82
VI. Doctor Strachan's ** Church University " Correspondence 91
Parts I-IV. Letters and Papers relating to the Establishment of a " Church
University," and Correspondence with the Imperial and Provincial
Government s on the subject 92
2* D.E.
viii. • CONTENTS.
Chapter. Page.
V£I. Reorganization of King's Cojlege as the "University of Toronto" .. . 118
VIII. Initial Proceedings of the Senate of the Toronto University, 1850 122
IX. Proceedings of the University Endowment Board, 1850 136
X. Report, — being the Conclusion of the Commission of Inquiry into the
Affairs of King's College, 1850 141
XI. Proceedings of Certain Churches on University Matters 146
I. The Presbyterian Church (of Scotland,) — representing Queen's College,
Kingston 146
II. The Methodist Church, — Representing Victoria College, Cobourg 151
Note. — Chiefly regarding the Removal of the Site of Victoria College to Toronto 153
III. The Free Presbyterian Church of Canada (Knox College). , 154
Note. — The Municipal Council of the County of York and the University 155
XII. Proceedings of the Provincial Board of Education, (and Council of
Public Instructiois, ) 1850 156
Note. — The Board of Education was merged into the Council of Public Instruc-
tion 158
XIII The Chief Superintendent's School Report for 1850 165
General Statistical Abstract, Exhibiting the State and Progress of Education
in Upper Canada from 1842 to 1850 174
XIV. Explanatory Statements and Papers by the Chief Superintendent of
Education in Regard to the School Act of 1850 175
I. Main Features and Characteristics of the new School Act of 1850 175
II. Powers and Responsibilities of the School Trustees, (in Upper Canada),
under the School Act of 1850 176
III. Rights, Powers and Duties of School Trustees and Municipal Councils in
Townships under the Act 179
IV. Encouragement to Persevere in the Promotion of Free Schools, notwith-
standing the adverse Legislation of 1849 181
XV. Evidence Given by the Chief Superintendent Before the Finance Com-
mittee of the House of Assembly, 1850 184
I. Verbal Examination and Evidence of the Chief Superintendent 184
II. Further Evidence of the Chief Superintendence in the Form of a Letter. . 187
Note. — Comparative Cost of Education in Upper and Lower Canada 188
XVI. Proposed Means to Promote the Efficiency of the School System of
Upper Canada 189
I. By the Holding of County Teachers' Institutes 189
(Chief Superintendent's Circular on the Subject) 190
II. By the OflBcial Publication of the Journal of Education for Upper Canada. 191
(Letter to the Provincial Secretary, July, 1850) 191
III. By Establishing Public School Library 192
(1. Letter to the Provincial Secretary, September, 1850) . . " 192
(2. Explanatory Note in regard to the Selection of Library Books) 193
XVII. Forms and Instructions for Executing the Provisions of the School Act
OF 1850 194
CONTENTS. IX.
Chapter. Page
XVIII. General Regulations for the Organization, Government and Discipline
OF Common Schools in Upper Canada 195
(Adopted by the Council of Public Instruction in April, 1850) 195
1. Hours of Daily Teaching, Holidays and Vacation in Schools 195
2. Duties of Common School Teachers in Rural School Sections 195
3. General Duties of Common School Teachers in the School 196
4. Duties of Common School Visitors 197
5. Constitution and Government of Schools, in Respect to Religious and
Moral Instruction 197
XIX. Explanatory Circulars in Regard to the Local Administration of the
School Act of 1850 198
1. To Wardens of Counties,, on the Duties of County Municipal Councils
under the School Act of 1850 199
II. To Mayors of Cities and Towns, on the Duties of City and Town Councils
under the School Act 202
III. Circular to the Taxable Inhabitants of Cities and Towns on the subject of
the Election of Boards of School Trustees 203
IV. To Boards of School Trustees in Cities and Towns on their Duties 204
(Appendix to the foregoing Circular^ — The Kingston School House) 205
V. To Town Reeves, on the Duties of Township Councils under the new
School Act 206
VI. To Local School Superintendents on their Duties under the School Act. . . . 209
VII. To Trustees of Common Schools in Rural Sections on their Duties 213
VIII. To the Teacher of each Common School on his Duty under the School Act. 215
IX. To Clerks of County Councils with Copy of the School Apportionment . , 217
i
f XX. Examination and Classification of Teachers, with Form of their Cer-
' tificates of Qualification 218
; 1. Circular to the County Board of Public Instruction on their Duties 218
2. Programme for the Examination and Classification of Teachers of Common
■ . Schools 220
(1) Minumum Qualifications of Third Class Teachers 220
(2) Minumum Qualifications of Second Class Teachers = 220
(3) Minumum Qualifications of First Class Teachers 220
XXI. Educational Proceedings of the Legislature of Canada, 1851 221
I. Educational Proceedings of the House of Assembly, 1851 :
(1) Text of a Bill to Amend the Charter of the University of Toronto.
By the Honourable Henry Sherwood 221
(2) Text of a Bill to Incorporate Trinity College. By Sir Allan N.
Macnab 226
(3) Text of a Bill to Amend the Charter of the University of Tor-
onto. By Mr. William H. Boulton 232
(4) Text of a Bill to Repeal the Nineteenth Section of the Common
School Act of 1850. By Mr. William Lyon Mackenzie 237
(5) Causes which led to the Passage of the (Roman Catholic Separate
School) Remedial Bill of 1851 239
X. CONTENTS.
Chapter. Page.
II. Educational PROCEEDiNOft of the Legislative Council, 1851 241
(1) Petition to Her Majesty the Queen by the Legislative Council 244
(2) Petition to His Excellency the Governor General by the Council. . . 245
(Dissentient Declaration to these Petitions by three Members) . . 246
XXII. Educational Acts passed by the Legislature of Canada, 1851 248
I. An Act to Incorporate Trinity College 248
II. An Act to Repeal the Provision Limiting the Distance between Grammar
Schools in the same County 250
III. An Act to Incorporate the Burlington Ladies' Academy, Hamilton 251
XXIII. Doctor Strachan's further "Church University " Correspondence, 1851. . . 252
(Part V. Thirteen Letters and Despatches.)
1. Draft of Revised Charter of the Church University, (sent to England) .... 260
2. The First Council of Trinity College appointed by Doctor Strachan 266
XXIV. Proceedings of the Senate of the University of Toronto 267
1. Correspondence between the Reverend Professor Doctor Beaven and the
Honourable Peter B. de Blaquiere, Chancellor of the University of
Toronto. (In regard to Doctor Beaven's hostility to the University). . . i69
2. Resolutions of the Commissioners of Inquiry into the Affairs of King's
College 272
3. Correspondence with the Chairman of the Endowment Board 280
XXV. Proceedings of the Endowment Board of the University of Toronto 285
XXV [. Proceedings of the Visitation Commissioners of the University of Toronto.
1. Revision of the Rules and Regulations of the University . . 293
2. Regulations for giving Religious Instruction to the Stud-^nts of the
University 294
XXVII. Reminiscences op Superannuated School Teachers, 1850, 1851 295
I. Sketch of Schools and School Houses in early Times :
Reminiscences by 1, Robert Rooney ; Richard Unsworth ; William
Plunkett ; Henry Dugdale ; John MacKay ; Joseph Drummond ;
Robert Dickson ; Charles Short t ; Alexander Steel ; John W.
Walker ; R. O. Campbell ; J. E. Johnson ; John Philips ; E.
Hopkins ; J. W. Palmer ; Elizabeth J. Glenday ; David D. Keenan ;
Robert Hamilton.
II. Early Schools in Upper Canada :
Doctor Henry G. Forbes ; Mr. Hugh Lucas ; Harts' Private School for
Boys in Toronto ; Free School System of London.
Chap. I. EDUCATIONAL PROCEKDINGS OF THE LEGISLATURE OF CANADA.
CHAPTER I.
EDUCATIONAL PROCEEDINGS OF THE LEGISLATURE OF CANADA.
On the 14th of May, 1850, His Excellency the Earl of Elgin and Kincardine
opened the Third Session of the Third Provincial Parliament of Canada with the
usual Speech from the Throne. In it he made no reference to Educational matters.
1. Educational Proceedings of the House of Assembly, 1850.
M.iy 21st, 1850. Pursuant to the Orders of the Day the following Petitions were read :
Of the Municif>al Council of the United Counties of Wentworth and Halton, praying that
the duties pertaining to the Office of the Chief Superintendent of Education be merged in some
one of the Departments of Government.
The Petition was as follows : —
The Petition of the \TiiMicipal Council of the United Counties of Wentworth and Halton to the
Legislative Assembly :
Respectfully Sheweth : —
That your Petitioners are of opinion that the Educational interests of Canada require to be
placed under the care of one of the Members of the Executive Council, being convinced that,
thereby, not only would these interests be better subserved, but that a large saving of public
expenditure would be effected.
We, therefore, pray that the duties pertaining to the Office of Chief Superintendent of Edu-
cation, be merged in some one of the Departments oi the Government.
And your petitiineis, as in duty Dound, will ever pray.
Hamilton, 10th of Apiil, 1850. Robert Spence, Warden."*^
Six Petitions were also presented from Municipal Councils, praying that the funds accruing
from the Clergy Reserve and Rectory Lands be appropriated to the purposes of General Edu-
cation and public improvements.
May 2Sth, 1850. Pursuant to the Orders of the Day, the following Petitions were read
(1.) Of the Right Reverend Joseph E. Guigues, the Bishop of By town ; praying aid in support
of the College of Bytown ; (2) Of Mr. Thomas Tracy and others, Roman Catholics of School
Section Number Ten, in the Township of Kitley ; praying for the re-establishment of Separate
Schools, and the equitable distribution of Common School Fund ; (3) Of the Municipality of
the Township of Brantford ; praying that the office of Chief Superintendent of Education be
merged in some Department of the Government; (4) Of Mr. George Hyde, Townreeveand others,
on behalf of the Municipality of the Township of Plympton, praying for the sale of the Clergy
Reserve and Rectory Lands, and that the proceeds accruing therefrom be appropriated to pur-
poses of General Education ; (5) Of Mr. Edward Masse and others of Bytown, praying for aid
in behalf of the College of Bytown, similar to that granted to other Institutions of a like nature
Three Petitions were also presented, praying for the repeal of the Imperial Act relating to the
Clergy R» serves, and that the funds accruing therefrom be appropriated to purposes of General
Education, — and also for the abolition of the Rectories.
May. 29th, 1850. — The Honourable James H.Price,one of Her Majesty's Executive Council,
delivered to Mr. Speaker a Message from His Excellency the Governor General, signed by His
Excellency. And the said Message was read by Mr. Speaker, all the Members of the House
being uncovered, and is as followeth :
* Mr. Robert Spence, who was afterwards Postmaster General of Canada, and subsequently, in the early sixties, Collec-
tor of Customs at Toronto, was one of the active opponents of the principle of " Compulsory taxation " for Schools ; see
pages 61-63 of the Eighth Vohune of this Documentary History of Education in Upper Canada. The views expressed in the
foregoing Petition were also embodied in a Petition from Brantford, presented to the House on the 28th of May, and in a
Memorial of the Gore District Council to the Legislature in 1847, see page 115 of the Seventh Volume of this History.
D •CUMENTARY HISTORY OF EDUCATION IX UPPER CANADA. 1850
Elgiv and Kincardine.
9
The Governor General informs the Honourable the Legislative Assembly that the Bill
passed by the Legislative Council and A.-sembly in the month of March, 1849, and reserved for
the signification of Her Majesty's pleasure, intituled : "An Act to raise an Income of One
Hundred Tliou^avid Pounds,(£ 100,000,) out of the Public Lands in Canada, for Common School
Education," was specially confirmed and tinnlly enacted by Her Majesty in Council, on the Ninth
day of March, 1850.*
GOVERNMKKT HoUSE, TORONTO, 27th. May, 1850.
Ordered, That the Honourable Francis Hincks have leave to bring in a Bill for the Better
Establishment and Maintenance of Common Schools in Upper Canada. He accordingly pre-
sented the said Pill to the House, and the same was received and read for the first time ; and
ordered to be read a second time, on Friday the Seventh of June next.t
Mail 3 1st, 1850. Pursuant to the Orders of the Day, the following Petitions were read : —
(1), Of the Very Ueverend Angus Macdonell, President of the College of Regiopolis. Kingston,
praying for aid in support of the paid College ; (2), Of ihe Right Reverend Joseph E. Guigues.
Bishop of Byrown ; praying for aid in behalf of the College of Bytown ; (3), Of Skeffington
Connor, Esquire, and others, prnying an Act of Incorporation as the Elgin Association for the
Soc al and Moral Improvement of the Coloured population of Canada ; (4), Of Mr. N. C. W.
Cannon, Elder, and others. Coloured inhabitants of the Township of Colchester, County of Essex,
praying for an Act to incorporate the Wilberforce Lyceum Educating Society, established in the
said Township.
On motion of the Honourable Malcolm Camercn, seconded by Mr. Benjamin Holmes, it
was —
Resolved, That an humble Addrtss be presented to His Excellency, the Governor General,
praying him to cause to be laid before this House copies of all Correspondence that mav have
taken place between any Member of the Government and the Chief Superintendent of Educa-
tion in Upper Canada, on the subject of tbe School Bill of last Session, 1849. or on the subject
of Educition generally or between anv Member of the Government and other Persons in the
Country, on the same subject, of an official character. It was further —
Ordered, That the said Address be presented to His Excellency, the Governor General, by
such Members of this House as are of the Honourable the Executive Council of this Province.
June 3rd. 1850. Pursuant to the Order of the Day, the following Petitions were read : —
(1), Of the Reverend Michael Lilor and others, of the Town of Picton, County of Prince
Edward, praying for a certain amendment to the Common School Act ; (2), Of the Municipal
Council of the County of York, praying for certain amendments to the Common School Act ;
C3) Of the Town Council of Brantford, praying for the appropriation of the funds, accruing
from the Clergy Ke-'erve and Rectories, to purposes of General Education.
June 5th. 1850. Pursuant to the Order of the Day, the following Petitions were read : —
(1), Of the University of Queen's College. Kingston, praying an adequate Grant for the En'low-
ment of the said College ;.(2), Of the Board of Trustees of Queen's College, Kingston, praying
for a Grant in aid of the Grammar School of the said College, such as that enjoyed by the High
Schools of Montreal and Quebec ; (3), Of Mr. Lewis Willson, Chairman, and others, on behalf
of a Public Meeting held in the Township of Pelhim, District of Niagara, praying that the
money accruing from the Clergy Reserves and Rectories may be applied to raising a School
I und.
The Honourable Francis Hincks, one of Her Majesty's Executive Council presented, pur-
surant to an Address to His Excellency the Governor General, a Return to an Address from
* A copy of this Act, in extenso, will be found on page 116 of the Eighth Volume of thra Documentary History. See also
pages 133 and 187 of the same Volume.
t In his Annual Report for 1858, the Reverend Doctor Ryerson thus refers to the preparation of this Common School
Bill of 1850. After referring to the suspension of the Cameron School Act of 1849, Doctor Ryerson said : Bv request, I pre-
pared the Draft of another School Bill, in 1850, to the examination and revision of which the Honourable Robert Baldwin,
then Attorney General, devoted the parts of two, or three, days. It was brought into the House of Assemblv, after due
examination, by the Honourable Francis Hincks, Inspector General, on behalf of the Government, and, after long and care-
ful discussion, was passed by the consent of all parties in the Legislature, and became the Common School Act of 1850."
o^ u\^ "^^^ onginal printed copy of this Draft of Bill, with Mr. Baldwin's anotations on it, is now in my possession.
J. G. H.)
As this Bill, after it was passed into an Act, became practicallv the Charter of the Public School System of Ontario, I
have thought it desirable to insert in appropriate places, as the debate on it progressed, the remarks on various provisions
of the Bill of the more prominent Members of the House of Assemblv, especiallv those of the Member of the Government,
(the Honourable Francis Hincks), who introduced the Bill into the House of Assembly.
Chap. I. EDUCATIONAL PROCEEDINGS OF THE LEGISLATURE OF CANADA.
the Legislative Assembly to His Excellency the Governor General dated the 31st ultimo, pray-
ing His Excellency to cause to be laid before the House copies of all Correspondence that may
have taken place between any vtember of the Government and the Chief Superintendent of
Education in Upper Canada, on the subject of the School Bill of last Session, (1849,) or on the
subject of Education generally, or between any Member of the Government and other Person
in th3 Country, on the same subject, of an official character. It was —
Ordered^ That the said Re' urn be printed tor the use of Members of this House.
J-me 6th, 1^50. A Petition was read from Mr. Henry Walker and John Jarron, M.D., of
the County of Haldimand, praying that measures be adopted to appropriate the funds accruing
from the Clergy Reserve Lands to Common School purposes.
JuYie 12th, 1850. Two other Petitions were presented on the subject of the Clergy Reserves
from Stamford and Puslinsh Townships.
June 14th, 1850. Pursuant to the Order of the Day, the following Petitions were read : —
(1), of Mr. John G. Weir, Townreeve, in behalf of the Municipality of the Township of Raleigh,
praying that the application made by Doctor Connor and others on the 21st ultimo (page 2),
for an Act to incorporate the Elgin Association for the elevation of the Coloured Population, be
not granted ; (2), Of Mr. Michael Rape and others. Trustees of the Roman Catholic Separate
School, of School Section Number Ten, in the Township of Kitley, praying that provision be
made for the said School for the year j.850, and that due regard be had to their rights.
June 17th, 1850. Two Petitions were read, on the appropriation of the proceeds of the
Clergy Reserve and Rectory Lands to Education, (from the County of Peterborough and County
of Oxford.)
Jmie 19th, 1850. The following Petitions were read:— (1), Of the Municipality of the
Township of Wainfleet, praying for certain modifications to the Common School Bill, now
before the House, should it be deemed expedient to alter the existing law ; (2), Of the Common
Council of the City of Kingston, praying for certain amendments to the Common School Bill
now before the House.
The Committee on Standing Orders reported that the Petition of Skeffington Connor,
Esquire, and others, presented to the House on the 31st ultimo, (page 2) in regard to the Elgin
Association is not considered to be such as to require notice under the Sixty-sixth Rule of the
House.
Four Petitions were read on the appropriation of the proceeds of the Clergy Reserves and
Rectories to Ed ucatin, (from the Synod of the Presbyterian Church, and the Townships of
Pelham, Wainfleet and Louth).
June 20th, 1850. The Petition of Mr. Jordan Challenger and others, of the Town and
vicinity of Chatham, praying that the application to incorporate the Elgin Association be not
granted ; and that measures be adopted to discourage the emigration of Coloured people into
this Province, and to disqualify them from enjoying certain civil and political rights.
Jwoe 21st, 1850. The Petition of Mr. James Brenan and others o' the Union School
Section Number Seven, in the Township of Emily, praying that in the remodelling of the Com-
mon School Act, certain provisions may be inserted for the protection of Teachers' wages.
The Clergy- Reserve Question, as connected with Education.
So constantly had the Clergy Beserve Question been mixed up with that of
Education, (so far as the support of Schools was concerned,) that I have thought
it desirable to insert in this place the Series of Resolutions proposed by the Hon-
ourable James Harvey Price, which briefly recounts the history of this trouble-
some and vexatious Question.
It was in the Constitutional Act of 1791, as suggested by Colonel John
Graves Simcoe, then a Member of the British House of Commons, and afterwards
the first Governor of Upper Canada, that provision was made for the
setting apart of one-seventh of the Crown Lands of Upper Canada, " for the
support of a Protestant Clergy." An agitation for the alienation of the Reserves
from Clerical to Educational purposes was kept up in Upper Canada for many
years and which only ceased on the final settlement of the question in 1854.
DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
TwD Petitions were read on the subject of the appropriation of Clergy Reserve and Rectory
proceeds of land to purposes jf Education.!
The Order of the Day being read, for resuming the adjourned Debate upon the Amend-
ment which whs yesterday proposed, by the Honourable Malcolm Cameron of Kent, to be made
to the Question : — *
"That the interests and dividends accruing upon such investment of the proceeds of all Cleigy
Reserves sold, or to be sold, and also the interest to accrue upon sales upon credit of Clergy Reserve
Lands, and all rents arising from such Lands that have been, or may be, derived for any term of years
shall be paid to the Receiver General of this Province, or such other person, or Institution, as shall be
appointed to receive the public revenue, and shall together remain an annual fund for the purposes of
General Education."
The following is Mr. J. H. Price's series of Resolutions, giving a brief Par-
liamentary liistory of the Clergy Reserve Question : —
The Question being put, the Honourable James Harvey Price moved, seconded by the
Honourable Francis Hincks,
1. That it appears b> the last Census taken in Upper Canada, that the Population of that
section of ihe Province was, in the year One Thousand Eight Hundred and Forty-Eight, (1848,)
723,332. of which 239,651 are returned as in connection with the Churches of England and
Scotland, the only Churches receiving any considerable benefit from the Clergy Reserve Endow-
ment :
2. That in the early settlement of the Province, the reserved Lands were of little value,
and, as no sales had then been authorized by the Imperial Parliament, the question attracted
but a slight share of public attention ;
3. That, so soon as the intention of the Imperial Government to dispose of the lands re-
served in Upper Canada became known, the Representatives of the People of that Province
took the whole subject into their most serious consideration, and, with an unanimity that pre-
vailed on no other question, endeavoured to remove a grievance universally complained of by
the People, save and except by those interested in the maintenance of Church Establishments :
4. That, in the year One Thousand Eight Hundred and Twenty-seven, (1827), a Rill to
authorize the Sale of the Clergy Reserves and the application of the proceeds thereof to the
purposes of General E iucation, was parsed through the House of Assembly of Upper Canada,
— the division on the second reading having been 22 to 6 ; but this Bill was rejected by the
Legislative Council : *
5. That a dissolution having taken place soon after, the Tenth Parliament of Upper Canada
met in the year One Thousand Eight Hundred and Twenty nine, (1829,) when a Bill for the
sale of the Clergy Reserves and the application of the proceeds to Educational purposes passed
through the various stages in the House of Assembly without a division, but was again rejected
by the Legislative Council : t
6. That, in the year Oae Thousand Eight and Thirty,— (1830,) during the Second Session
of the Tenth Parliament, — another Bill, containing similar provisions to the former ones was
passed by the House of Assembly without a division, and was rejected by the Legislative
Council :
7. That a dissolution of the House of Assembly having taken place, a new Parliament met
in the year One Thousand Eight Hundred and Thirty-one, (1831,) when Resolutions expressing
the same views were adopted oy a large majority in the House of Assembly, an amendment
proposed by the Solicitor General, (Mr. Christopher A. Hagerman,) having been rejected on a
division of 29 to 8 :
8. That, in the year One Thousand Eight Hundred and Thirty-two, (1832,) during the
Second Session of the Eleventh Parliament of Upper Canada, an Address to the Crown, pray-
ing for the application of the Clergy Reserves to Educational purposes was carried by a large
majority in the House of Assembly :
9. That, after fhe passage of the Address last referred to, a Message was sent down to the
House by Lieutenant Governor, Sir John Colborne, in which His Excellency stated that he had
His Majesty's Commands to make a communication to the House of Assembly in reference to the
Lands set apart for the " Support and Maintenance of a Protestant Clergy " ; that His Excel-
<ir^u^ u^^^j^'Jl"^*^^ *^^**?^ portions of various Resolutions on the Clergy Reserve Question relating to the question of
Uhurch and btate and have only inserted the concluding one, as given above.
t This question of the rejection by the Legislative Council of Bills passed by the House of Assembly is fully explained
Volum*^" on pages 204-206 of the Second Volume of this Documentary Histoiy. See also pages 337, 338 of the same
Chap. I. EDUCATIOxVAL PROCEEDINGS OF THE LEGISLATURE OF CANADA.
lency informed the House that the representations made to Hia Majesty, and to His Royal
Predecess -rs, of prejudice sustained by His faithful Subjects in this Province from the appro-
pr;ation of the Clergy Reser\ es. had engaged His Majesty's most attentive consideration ; that
His Majesty had considered with no less anxiety how far such an appropriation <-f territory is
conducive either to the temporal welfare of the Ministers of Rehgion m this Province, or
to their spiritual influence ; and that His Majesty invited the House of Assembly of Upper
Canada to consider how the power given to the Provincial Legislature by the Constitutional
Act of 1791, to " vary, or repeal," this part of its provisions can be called into exercise nio."t
advantageously for the spiritual and temporal interests of his Majesty's faithful Su»'jects in this
Province :
10. 'Jhat, after the reception of the above Message, a Bill to re -invest the Clergy Reserves
in the Crown, discharged of all trusts whatsoever, was introduced and read a second time in
the House of Assembly, by a vote, on a division, of 29 to 7 :
11. That, in the year One Thousand Eight Hundred and Thirty- three, (1833,) during the
Third Session of the Eleventh Parliament, a Bill, having similar piovisinns with that formerly
adopted by the same House, was read a second time by a vote, on a division of 26 to 2 :
12. That in the year One Thousand Eight Hundred a-d Thirty-f..ur, (1834,) during the
Fourth Session of the Eleventh Parliament of Upper Canada, a Bill of a similar character was
passed through its several stages in the House of Assembly by considerable majorities, though
opposed by the whole weight of the Government, but was rejected by the Legislative Council."^
13. That in the year One Thousand Eight Hundred and Thirty-five, (1835,)during the First
Session of the Twelfth Parliament of Upper Canada, a Bill for the sale of the Clergy Reserves
and the application of the proceeds to Educational purposes was passed by a majority in the
House of Assembly of 40 to 4, but was rejected by the Legislative Council :
14. That, during the same Session of Parliament, Resolutions were sent down to the House
of Assembly by the Legislative Council, in which the opinion was expressed that, as the Legis-
lature of the Province had been unable to concur in any Measure respecting the Clergy Reserves,
it was expedient to address His Maj* sty and both Houses of the Imperial Parliament requesting
that Parliament to legislate on the subject :
15. That the House of Assembly, by a majority of 24 to 12, resolved : —
(1) That this House has heretofore repeatedly passed Bills, providing for the sale of the Clergy
Reserves, and the appropriation of the monies arising therefrom to the support of Education, which
Bills have been rejected, without amendment, by the Legislative Council : That, with the same view,
this House have repeatedly made known, by humble and dutiful Addresses to His Majesty, their
wishes and opinions, and the wishes and opinions cf His Majesty's faithful Subjects in this Province
on this highly important subject, and this House takes this opportunity of declaring that these wishes
and opinions, both on the part of this House and of their constituents remain entirely unchanged :
(2) That, during the Second Session of the last Parliament, His Excellency, the Lieutenant-
Governor, by Message, informed the House that he had received His Majesty's instructions to declare
that the representations which had at different times been made to His Majesty and His Royal
Predecessors of the prejudice sustained by His Majesty's faithful Subjects in this Province from the
appropriation of the Clergy Reserves, had engaged His Majest^^'s most attentive consideration, and
His Majesty had most graciously been pleased to invite the House of Assembly to consider how the
powers given to the Provincial Legislature by the Constitutional Act of 1791, to "vary, or repeal," the
provisions which it contains, for the allotment and appropriation of the Clergy Reserves, would be
most advantageously exercised for the spiritual and temporal interests of His faithful Subjects in this
Province :
(3) That this House, in compliance with His Majesty's wishes, thus graciously expressed, and
with the strong and well-known desires of His Majesty's faithful Subjects in this Province, has passed
a Bill during the present Session of Parliament to provide for the sale of the Clergy Reserves, and to
apply the money arising from such sales to the support of Education.
(4) That the said Legislative Council has not passed the said Bill, — has not amended it, and has
not passed '* any other Bill on the subject."
16. That, in the year One Thousand Eight Hundred and Thirty-six, (1836,) during the
Second Session of the Twelfth Par lament of Upper Canada, a Bill, relating to the Clergy R -
serves, and embodying similar principles to those repeatedly passed by the House of Assembly,
was again introduced, ai d was carried on a division by a majority of 35 to 5 : That the said
Bill was amended in the Legislative Council by expunging all the enacting clauses, and substi-
tuting provisions for investing the Reserves in the Crown, to be applied for the maintenance of
Public Worship and the 8U| port of Religion : That the House of Assembly adopted, by a ma-
jority of 27 to I , certain amendments to this amended Bill sent down by the Legislative Council,
affirming the principles of their original Bill of that year :
* See note in regard to the rejection by the Legislative Council of Measures passed by the House of Assembly on page 4
of this Volume.
6* DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
17. That, during the same Session, a Despatch from Lord Glenelg, His Majesty's Principal
Secretary of vState for the Colonies, to Lieutenant Governor, Sir Francis B. Head, was communi-
cated to the House, in which His Lordship treated the question as one to be settled by the
Provincial Legislature itself, and declined to interfere with the deliberations of the Legislature
by offering any suggestions of his own on the subject :
18. That the Twelfth Parliament of Upper Canada, having been dissolved by Sir Francis
Head, a general election was held at a period of great excitement, and the question of the dis-
posal of the Clergy Reserves appears to have been lost sight of during the political struggle
which ensued : That, during the first three Sessions of the Thirteenth Parliament of Upper
Canada, (1837 38,) various efforts were made to settle the question, but without any satisfac-
tory result : That, at length, in the course of the Third Session of the Thirteenth Parliament,
a Bill, which had passed the Legislative Council, providing for the reinvestment of the said
Reserves in the Imperial Parliament, was concurred in by the House of Assembly by a majority
of 22 to 21 :
19. That in the year One Thousand Eight Hundred and Thirty-nine, (1839,) during the
fifth and last Session of the last ParliHra^nt of Upper Canada, a Message was sent down to the
House from the Governor General, the Right Honourable Charles Poulett Thomson, by which
the House was informed that the Bill passed during the previous Session of the Upper Canada
Parliament had not received the Royal Assent, there being an insuperable objection to it on a
point of form : That His Excellency stated, moreover that, in the opinion of His Majtsty's
Government, the Provincial Legislature would bring to the decision of the question an extent of
accurate information as to the wants and general opinions of society in this Country in which the
Imperial Parliament is unavoidnbly dt ficient :
20. That another attempt at settlement of the Clergy Reserve question was made during
the last Session of the Parliament of Upper Canada in 1839, when a Bill passed both Houses,
providing for the sale and disposal of the Clergy Reserves, which Bill, having been reserved for
the Royal Assent, was not assented to by Her Majesty :
Note. The House divided upon each of the foregoing paragraphs with varying results.
(A further series of Resolutions in regard to the Clergy Reserves, so far as it rel ited to the
"Church and State " aspect of the question was proposed, but it is not necessary to insert them
here. )
Pursuant to the Orders of the Day, the following Petitions were read :
(1), of the Conference of the New Connexion Church ; (2), the Churches composing the
Baptist Grand River Association ; (3), of a Public Meeting in the Township of Dumfries ; (4),
of the Municipality of the Township of Warwick ; and (5), of Inhabitants of the Township of Era-
mo«a, praying chat the proceeds of the Clergy Reserves be applied to the purposes of General
Education , also (6), of Mr. W. R. Abbott and others. Coloured inhabitants of the City of
Toronto, praying that the Common School Bill now before the House may be amended by striking
out the words " Coloured people " from the Nineteenth Section thereof.
Jiine 26tK 1850. The Order of the Day for the second reading of the Bill for the Better
Establishment and Maintenance of Common Schools in Upper Canada, being read ; The Bill
was accordingly read a second time ; and committed to a Committee of the Whole House, for
Fri' ay next.
June 28th, 1850. Pursuant to the Order of the Day, the following Petitions were read : Of
Mr. John Anderson and others, Coloured inhabitants of the Town of St Catharines ; and of
Mr. Edward Crump and others, Coloured inhabitants of the City of Hamilton, praying that the
word "Coloured" may be struck out of the Nineteenth Section of the Common School Bill,
now before the House.
Ordered, That the Honourable Francis Hincks have leave to bring in a Bill for the Better
Establishment and Maintenance of Grammar Schools in Upper Canada. He accordingly
presented the said Bill to the House, and the same was received and read for the first time ;
and ordered to be read a second time, on Friday next.*
Jtdy 1st, 1850. Pursuant to the Order of the Day, a Petition from each of the Town-
ships of East Gwillimbury and Blenheim was read, praying that the proceeds of the Clergy
Reserve lands be devoted to General Education.
On motion of the Honourable Henry Sherwood, seconded by the Honourable William B.
Robinson, it was :
Resolved, That an humble Address be presented to His Excellency the Governor General,
praying His Excellency to direct the proper Officer to lay before this House, a detailed State-
ment of the amount expended towards defraying the expenses of the '' Commission of Inquiry
into the affairs of the University of King's College ", appointed under a Statute of the said
* For remarks by various Members of the House of Assembly in regard to this Bill, see pages 7-9 and 11-16 of this Chapter.
Chap. I. EDUCATIONAL PROCEEDINGS OF THE LEGISLATURE OF CANADA.
University ; and also, a Statement of the progress which has been made, under such Commission,
up to the present time.*
Ordered^ That the said Address be presented to His Excellency, the Governor General, by
such Members tf this House as are of the Honourable the Executive Council of this Province.
Ordered, That Mr. Benjamin Holmes have leave to bring in a Bill to incorporate the Elgin
Association for the Settlement and Educational and Moral Improvement of the Coloured popu-
lation of Canada. He accordingly presented the said Bill to the House, and the same was
received and read for the first time ; and ordered to be read a seccnd time, on Wednesday, the
Tenth instant.
The Order of the Day for the House in Committee on the Bill for the Better Establishment
and Maintenance of Common Schools in Upper Canada, being read ;
The House accoidingly resolved itself into the said Committee. Mr. Wolfred Nelson took
the chair of the Committee. The Honourable Francis Hincks, who had charge of the Bill, stated
that it was not intended to make any change in the System upon which the Schools in Upper
Canada had been conducted for seveial veils, but merely to make some practical change in the
working of that System, and of the Schools. He had taken a good deal of pains to ascertain the
views of several persons intimately connected with the working of the present System, t — all of
whom entirely disapproved of it as it now was, [under the Cameron Aot of 1849,] so that the
present Fill, [drafted by the Chief Superintendent of Education,] was introduced to remedy
the defects and evils in the practical working of the present System of the Schools.
Mr. Speaker having resumed the Chair ; Mr. vVolfred Nelson reported, that the Committee
had made some progress, and directed him to move for leave to sit again.
Ordered^ That the Committee have leave to sit again to-morrow.
July 3rd, 1850. Pursuant to the Order of the Day, the following Petitions were read : —
(1), Of the Municipality of the Township of Osgoode, praying that the existing Common School
Act (of 1849) may remain in operation, and that the Bill now before the House relating thereto
be suspended during the present Session ; (2), of the Municipal Council of the County of
Peterborough, praying for the abolition of the Rectories and that the Clergy Reserves be sold
and the funds therefrom accruing be appropriated to purposes of General Education.
July 3rd, 1850. The Order of the Day for the House in Committee on the Bill for the
Better Establishment and Maintenance of Common Schools in Upper Canada being read, the
House according resolved itself into the said Committee. Mr Wolfred Nelson took the chair
of the Committee.
The following is the first of the discussions which took place, in regard to
the salaries of the Chief Superintendent of Education for Upper Canada, and
those of his Assistants. See also the second discussion on the subject, which
took place on the 9th of July, pages 14 and 15.
On the Thirty-fourth Section of the School Bill in regard to the Salary of the Chief Superinten-
dent of Education coming up the Honourable Francis Hincks moved that the first blank should be
filled up with "Five Hundred Pounds," (£500.) He thought that it was little enough, considering
the duties of the Chief Superintendent, and the heavy travelling expenses he was obliged to incur.
Mr. Joseph Cauchon thought that it was but fair that the salaries of the Superintendents of
Education in Upper and Lower Canada should be the same.
The Honourable Louis H. Lafontaine said that the salary of the Superintendent of Education in
Lower Canada was raised by the late Administration to Five Hundred Pounds, (£500,) per year, and,
in 1847, they proposed to raise it to Six Hundred Pounds, (£600,) He was opposed to that increase ;
but he was of opinion that Five Hundred Pounds, (£500,) was not too much. Whether these were
days of " retrenchment," or not, he would assert that every Public Officer ought to be paid in pro-
portion to the service expected from him.
The Honourable John Hillyard Cameron was prepared to concur in retrenching all unnecessary
expenses ; but he was not prepared to pare down one man's salary, instead of bringing in a general
measure on the subject.
Mr. Hincks said that he did not believe there was any general desire to place the Chief Superin-
tendent of Upper Canada on a worse footing than the same Officer in Lower Canada. Now he was
prepared with a proposition to reduce the salary of the Lower Canada Superintendent ; and he thought
it but justice to put both on the same footing. At the same time he thought it but justice to the
Upper Canada Superintendent to say that, although, he had received a very valuable assistance
* For a copy of this Commission, see pages 236, 237 of the Seventh Volume of this Documentary History.
t The views and opinions of the parties to whom Mr. Hincks here refers are, as condensed and abbreviated, given in
Chapter III. of this Volume, pages 54-71.
DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
from that Officer in framing the Bill, yet he had never received a single communication from him on
the subject of Salary. ^
Mr. Joseph C. Morrison said that honourable gentlemen, who knew anything about the duties of
the Chief Superintendent's office, and the heavy travelling expenses caused by his numerous visits,
could not believe that Five Hundred Pounds, (£500,) per year was too much for the salary of that
Officer. That sum was considered a fair remuneration for the Chief Superintendent of Lower Canada,
where there were only eighteen Hundred (1,800) Schools, while in Upper Canada there were one
thousand more, (2,800), and the duties were consequently far heavier : But this fact was lost sight
of altogether by honourable gentlemen who contended for a reduction. It was customary for many of
them, who knew nothing whatever about this subject, to sit perfectly silent when a School Bill was
introduced ; but the moment they came to the consideration of details to raise cavils at every
clause. . . .
Mr. Solicitor General John S. Macdonald could not conceive that Five Hundred Pounds, (£500,)
was too much for the Chief Superintendent ; if a local, or County, Superintendent were to receive
nearly Two Hundred Pounds, (£200,) The first named Officer has very arduous duties to perform,
and was subject to great expense in performing them.
Mr. David M. Armstrong was prepared to vote for Five Hundred Pounds, (£500,) in order that
no invidious distinctions should be made between Upper and Lower Canada in this matter of Salary.
Mr. Dunbar Ross hoped that the House would not give way so far to a surreptitious cry of
retrenchment, as to deprive a worthy Officer of the salary justly due to him for his services. The
duty of the House was to do justice to every man, without regard to any momentary clamour.
Mr. George E. Cartier thought it would be a gross injustice to the Gentleman who now filled the
highly important office of Chief Superintendent of Education in Upper Canada, to give him a smaller
amount of remuneration than his talents and zeal in the performance of his duties fairly entitled
him to.
Mr. Hincks wished to state that the Act passed while the late Administration was in office, fixed
£500 as the maximum of the salarj' of the Chief Superintendent, since that time the population has
increased rapidly, as the Census would show, and the duties of his office had increased in a corre-
sponding degree. He wished that honourable gentlemen would divest themselves of all personal, or
political, feeling on this subject, as he had done. No person ought to permit himself to be actu-
ated by any reflection as to the party who filled the situation, but resolve to do justice to the indi-
vidual, who showed so much talent and ability in performing its duties.
Mr. Hincks amended his motion by striking out the words " Five Hundred Pounds" (£500,) and
framing it in such a manner as to express the wish of the Committee of the House that the salaries
of the Chief Superintendents of Upper and Lower Canada should be on the same footing. Yeas, 21, —
Nays, 5.
Mr. Hincks then moved that the second blank in the Section should be filled up. It was for the
purpose of fixing the salaries of the two Clerks in the Education Office. He proposed that they
should be put on the same footing as the Clerks of the Education Office in Lower Canada. . . .
Mr. James H. Price had heard it repeated over and over again that the Officers in the Public
Departments were over-pai^. The truth was ihat they were not over-paid, and that a man on One
Hundred and Seventy-five pounds (£175,) a year could scarcely support a wife and family. A Clerk
on such a small salary was sometimes placed in the greatest straits. He would advise the Committee
not to proceed recklessly in cutting down all salaries, but to dismiss the drones, and pay the others
well. They would then get their work done better and cheaper.
Mr. Hincks had been informed that it would be a very difficult matter to replace the Chief Clerk
(Mr. Hodgins) in the Education Office. His duties could only be performed by a man of a great deal
of talent and assiduity, and, if the salary were reduced too low, it would be impossible to get th^m
performed properly. The scale of salaries proposed by some honourable Members would have the
effect of driving every man of ability out of the public service. . . .
Mr. Louis T. Drummond, Solicitor "General, hoped that they would never reach that point when
all the talent of the Country was directed, as proposed by an honourable Member, to the working of
machinery. He trusted that j'oung men would aspire to take a share in the Government and Legis-
lation of the Country, and that they will not devote their time to the manufacture of hammers and
adzes— these things which an honourable Member thinks proper to exhibit here as of more importance
than the government of the Country. He thought that to fulfil the office of first Clerk in the Educa-
tional Department of Upper Canada it would require as much capacity as to fulfil the office of a good
Book-keeper in a Manufacturing Establishment. He had known gentlemen in that capacity in Mont-
real, with salaries up to Five Hundred pounds, (£500) ; and he thought to fill the Office of Chief
Clerk in the Educational Department required more energy than to be a good Book-keeper. Mr.
Hodgins, the Gentleman who fills this office at present, has acquired great knowledge of the affairs he
has taken in hand. He went from this Country to Dublin, for the purpose of making himself master
of the system of Education taught there, and after a year there, he came to this iJountry qualified to
prform his duties in a manner in which no other person in this Country, except perhaps the Super-
intendent himself could perform them. And taking into consideration the fact that offices in other
establishments, requiring less talent to fill, receive higher salaries he could not see why honourable
Members should object to the sum mentioned in the Bill.
I
Chap. I. EDUCATIONAL PROCEEDINGS OF THE LEGISLATURE OF CANADA.
The motion was then put that the blanks in the section be filled up with the words — The salaries
to be the same as those of offices are in Lower Canada, and was carried by a vote of 33 to 16.
Mr. Speaker having resumed the Chair ; Mr. Wolfred Nelson reported, that the Commit.ee
had made pome progress and directed him to move for leave to sic again.
Ordered^ That the Committee have leave to sit again, on Friday next.
Jidy 4th, 18'>0. On motion of the Honourable Henry J. Boulton, seconded by Mr. Caleb
Hopkins, it was
Besolved, That an humble Address be presented to His Excellency, the Governor-General,
praying that His Excellency will cause to be laid before this House, a Tabular Return of the
names of the Medical Students who have regularly attended the Lectures on Anatomy,
Physiology, Surgery, Medicine, Materia Medica, and Midwifery, in the University of King's
Colleife, Toronto, since the commencement of the Lectures to the present time, specif} ing also,
how many of these branches each Student has regularly attended annually, and how many of
such Students had matriculated in the said University.
Ordered, That the said Address be presented to His Excellency the Governor-General, l-y
such Members of this House as are of the Honourable the Executive Council of this Province.
Jrdy 5th, 1850. Ordered, That the Honourable Mr. Attorney General Baldwin have leave to
bring in a Bill to temove ceitain Doubts respecting the Intention of the Act of the last Session
of the Parli mient of this Province tor amending the Chart* r of the University of Toronto, and
to provide for the institution and endowment of Regius and other Professors ips, Lectureships,
Fellowships, Scholarships, Exhibitions, Prizes and other Rewards, in the said University, and
for other purposes connected with the said L'^niversity, and with the College and Royal Gram-
mar School of Upper Canada College forming an Appendage thereof.
He accordingly presented the said Bill to the House, and the same was received and read
for the first t ime ; and ordered to be read a second time on Wednesday next.
Note. — The following is a copy of part of this Bill in Manuscript as originally
drafted by the Honourable Robert Baldwin. His eodorsement on the back of
the Manuscript copy of the Bill, as he gave it to the Reverend Doctor Ryerson,
states that it is a "Copy of Rough Draft, as proposed, but not yet settled. R. B."
It will be observed that the Preamble is much more explicit than the one
prefixed to the Bill, as introduced into the Hou>^e of Assembly.
An Act to declare grotmdlefss certain doubts respecting the intentions of the Act of last Session of
the Parliament of this Province for Amending the Charter of the University of Toronto, and to provide
for the institution unci endowment of Begins and other Professorships, Lecturer ships, Fellowships,
Scholarships, Exhibitions, Prizes and other Rewards, in the said University.
Whereas, in the Preamble of the Act passed in the last Session of the Parliament of this Pro-
vince, Chaptered Eighty-two and intituled : "An Act to Amend the Charter of the University
established at Toronto by His late Majesty King George the Fourth, to provide for the more satis-
factory Government of the said University and for other purposes connected with the same, and with
the College and Royal Grammar School forming an Appendage thereof," the promotion of the Religious
and Moral Improvement, as well as the secular education of the people of this Province is expressly
set forth as the object of its enactments, and, as a means of accomplishing such object in a commu-
nity consisting of various Denominations of Christians, the necessity is asserted of having the said
University entirely free in its Government and Discipline from all Denominational bias, so that the
just rights and privileges of all might be fully maintaine ^ without offence to the Religious Opinions
of any.
And whereas the said enactment originated in a sincere desire for the advancement of true
Religion and a tender regard for the conscientious scruples of all classes of professing Christians and
not from any indifference to the importance of imparting Religious Knowledge in the education of
youth ;
And whereas, notwithstanding the distinct avowal of the principles on which the said Act was
based, doubts have been raised as to the Christian character of the said Institution and of the powers
of the University by Statilte, or otherwise, to make the necessary Regulations for insuring to its
Members the opportunities of Religious Instruction and attendance upon Public Worship by their
respective Ministers and according to their respective forms of Religious Faith ;
And whereas, for the satisfaction of all whose minds have been disturbed by such doubts, it is
desirable to declare, and
It is hereby accordingly declared and enacted by the Queen's Most Excellent Majesty, etcetera ,
and by the authority of the same, that it hath been now is and at all times hereafter shall continue to
be fully competent to, and for, the said University, by Statute, either Visitatorial, or Senatatorial, to
to DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
be passed for that purpose, to make any Regulations that may be deemed expedient for the Religious
Instruction and attendance upon Public ^Worship of the undergraduates, and students, attending
Lectures, in the said University, by their respective Ministers, and according to their respective
forms of Religious Faith, provided that no part of the funds of the Institution be expended for that
purpose, but that it be left to the Authorities of each Denomination of Christians to provide for the
Religious Instruction of its own adherents attending the said University, or Members thereof.
2. And he it enacted. That it shall at all times be lawful for the Caput of the University, in report-
ing upon the testimonials of candidates for any vacant professorship, as directed by the Twenty-fourth
Section of the said Act, to report also the names of any men of distinguished Literary, or Scientific,
reputation whose accession to such Chair would, in their opinion, be an acquisition to the public
character of the University, as a seat of learning, and who they may have ascertained, or have reason
to believe, would accept such Chair, if offered to them, and, thereupon, the Senate of the said Uni-
versity, if they shall concur in that part of the Report of the said Caput shall report the names of
such persons, or of those of them, with respect to whom they shall so concur with the Caput, to the
Governor of the Province, with those of the three candidates required to be transmitted to him by
the said Twenty-fourth Section of the said Act, and, in every such case, it shall, and may, be lawful
for the Governor, if he shall deem it expedient so to do, to appoint any one of those persons to such
Chair who may be willing to accept thereof, instead of appointing to the same any of the three candi-
dates whose names shall have been so transmitted to him, as aforesaid, anything in the said Twenty-
fourth Section of the said Act to the contrary thereof notwithstanding.
3. And he it enacted That it shall, and may, be lawful for Her Majesty, from time to time, by
Letters Patent under the Great Seal of the Province, to institute, establish and endow such, and so
many, Regius Professorships and Regius Lectureships in any of the Faculties of the said University,
as She shall think fit, and, from time to time, by Letters Patent under the Great Seal of the Pro-
vince, to appoint some fit and proper person to such Regius Professorship and Regius Lectureship
respectively ; and, to every such Professorship and Lectureship, and che person, who shall fill the
same, shall belong all and singular the like rights, powers, and privileges which shall be attached to,
or vested in, the other Professorships and Lectureships, Professors and Lecturers of the said Univer-
sity respectively.
Provided always. Firstly, That no such Regius Professorship, or Lectureship, shall be so insti-
tuted without an endowment, either by charge on the public Provincial Revenue, or by invested
capital in land, or other property, sufficient to secure to the holder thereof an income equal at least
to that of the smallest salary assigned by Statute of the said University to any of the Chairs, or
Lectureships, respectively, on the foundation thereof in the same Faculty to which such Regius Pro-
fessorship, or Lectureship, may be attached ; and pr jvided also; Secondly. That every such Regius
Professorship and Lectureship, Regius Professor and Lecturer, shall be subject to all and singular the
Statutes, Rules and Ordinances of the said University, as may other Professorship, Lectureship, Pro-
fessor, or Lecturer, in the same; and provided also; Thirdly. That the appointments to all such Chairs
and Lectureships shall be made by the Crown of its mere motion, and during its pleasure, without the
necessity of any report from the Caput, or Senate, as provided with respect to the Chairs on the
foundation of the said University.
4. And he it enacted, That it shall, and may, be lawful for Her Majesty, from time to time, by
Letters Patent under the Great Seal of the Province, to institute, establish and endow such, and so
many, Regius Fellowships, Scholarships, Exhibitions, Prizes and other Rewards in the said Univer-
sity as She shall think fit, and to prescribe, in such Letters Patent, all such Rules and Regulations,
as She may think proper, for the conferring the same : all which Rules and Regulations the Authori-
ties of the said University are hereby required to observe and give effect to, as in the said Letters
Patent shall be directed.
5. And he it enacted, That it shall and may be lawful for any person, or persons, bodies politic, or
corporate, whomsoever to found such, and so many. Professorships, Lectureships, Fellowships,
Scholarships, Exhibitions, Prizes and other Rewards in the said University as they may think
proper, by providing a sufficient endowment in Land, or other Property, and conveying the same to
the Chancellor. Masters and Scholars of the said University in trust for that purpose, and thereupon
suing out Letters Patent from the Crown, instituting, establishing and endowing the same with the
property so provided for that purpose as aforesaid. In all which Letters Patent shall be set forth
such Rules and Regulations, for the appointing to and conferring of such Professorships, Lectureships,
Fellowships, Scholarships, E^chibitions, Prizes, or <.ther Rewards as the respective founders thereof,
with the approbation of the Crown, shall think fit to prescribe for that purpose. All which Rules
and Regulations the Authorities of the said University are hereby required to observe and give
eflFect to as in the said Letters Patent shall be directed. Provided always, nevertheless, that none of
such Professorships upon private foundation shall entitle the holder of the Chairfor the time being
to any seat in the Senate of the said University, or other share in the Government thereof, unless the
same shall have been expressely conferred upon such Chair by a Statute of the said University Visita-
torial, or Senatatorial, to be passed for that purpose.
The Order of the Day for the House in Committee on the Bill for the Better Establishment
and Maintenance of Common Schools in Upper Canada, being read ; The House accordingly
resolved itself into the said Committee. Mr. Wolfred Nelson took the chair of the Committee ;
and after some time spent therein,
4.U ^[* ?P®*^®^ resumed the Chair ; and Mr. Nelson reported, That the Committee had gone
through the Bill, and made amendments thereunto.
Chap.I. EDUCATIONAL PROCEEDINGS OF THE LEGISLATURE OF CANADA. 11
Ordered, That the Report be received on Monday next.
July 8th, 1850. Pursuant to the Orders of the Day, the following Petitions were read : —
(1), Of the Very Reverend John Carroll, Administrator of the Roman Catholic Diocese of
Toronto, and others, Catholics of the City of Toronto ; and <'f the Very Reverend Any as
Macdonell, Vicar General of all the Bishops ccmprisino; the Roman Catholic Ecclesiastical
Province of Canada, and General Agent of the Catholic Clergy of Canada ; praying that the
Nineteenth Section of the Common School Bill, now before the Hou^e, may be so amended, as
to enable the Catholics of Canada West to establish Separate Schools, wherever they may deem
it expedient ; (2), Of Mr. John Richardson and others, Coloured inhabitants of the Town of
Niagara ; praying that the word " Colouied " be struck out of the Nineteerith S» cti' n of the
Conmion School Bill now before the House ; (3), Of Mr. Peter Hume and others of Niagara,
praying for the passing of an Act to incorporate the Elgin Association for the Educational and
Moral Itnprovement of the Coloured population of Canada ; (4), Of the Municipality of the
Township of Chatham, praying for the adoption of Legislative measures to discourage Negro
Emigration into this I'rovince, and thut the Bill to incorporate the Elgin Association may not
pass into law.
The Older of the Day for receiving the Report of the Committee of the who'e House on
the Bill for the Better Estab'ishment and Maintenance of Common Schools in Upper Canada,
being read ; The Honourable Francis Hincks moved, seconded by Mr. Joseph C. Morrison, and
the question being proposed, that the Report be now received ;
Mr. Henry Smith moved in amendment to the Question, seconded by Mr. Alexander Mc-
Lean, that all the words after ' That" to the end of the Question be left out, in order to add
the words : " the said Bill be now re-committe^l to a Committee of the whole House, for the
purpose a amending the ?ame, by inserting the words : "by way of Rate Bill to be assessed
upon the parents of the children in such School Section, "after the word " Rate" in the ninth line
of the seventh paragra[»h of the Twelfth Section. And the Question being put on the Amend-
m nt, the House divided ; and the names being called for, they were taken down, and the vote
was as follows : Yeas, 10 : Na^s, 22. So it passed in the negative.
A good deal of further discussion ensued on the 12th Section, the 16th subdivision which says,
"That it shall be the duty of the Trustees of each School Section, to be personallj'^ responsible for
the fulfilment of any contract or agreement made by them, unless they can prove that they have
exerted all the corporate powers vested in them by this Act for the fulfilment of such contract, or
agreement."
The Honourable Francis Hincks said it was found necessary to make the Trustees personally
liable to carry out the law, because in many places it had been held that these Trustees are not re-
sponsible for any neglect in the performance of their duties.
Mr. .John Wilson said if the honourable Gentleman opposed to this Section would look at the
question in a practical light, he would not press a division of the House upon it. All the Trustees
were required to do was to carry out the corporation functions of the Act. The Act was to give the
Teacher a remedy against the Trustees, if they refused to pay his salary. He was of opinion that it
would be a vast deal more injurious to make the Trustees not personally liable.
Mr. JohnS.Macdonald, Solicitor-General, had seen more injury result to Teachers than to Trustees
from the present practice, and was convinced of the necessity of making strict law^s for the protection
of these honest men. The Teacher was sometimes engaged for the year and does not get his pay until
he has served his time, sometimes it happens that by the end of his term a new set of Trustees has
been appointed who do not consider themselves bound for the acts of their predecessors, and thus the
poor man is compelled to wait from day to day to get his small pittance, and is obliged sometimes to
get a mandamus before he can effect it. The clause has been inserted there with a view to protect
this class of people from any imposition which might be practiced upon them by parties. He would
have agreed to it in first view but, as his Honourable friend, Mr. Sherwood, had proposed to alter it, to
meet the views of Honourable Members he was satisfied with it.
Mr, Hincks alluded to the fact that in many cases Teachers had been unable to get their money
in consequence of this want of responsibility on the part of the Trustees. The clause says simply
that they shall exercise all the corporate powers vested in them, etcetera. An honourable gentleman
talks about the office being forced upon School Trustees. There were many such offices. It was, how-
ever, necessary that they should take upon them this duty, and having accepted of it, if they were at
liberty to do as they thought proper, it would not be for the interests of society. It would be practi-
cally impossible for any poor Teacher to come to the Attorney General for a mandamus for any money
they had agreed to pay.
The Honourable Henry Sherwood suggested that it might read : " The trustees shall exercise all
the powers vested in them by this Act for the fulfilment of any contract or agreement made therein,
and, in case any of the trustees shall wilfully refuse to exercise these powers vested in him, he shall
be personally responsible,"
This having met the wishes of honourable Members, was unanimously agreed to.
And the Question being again proposed, that the Report be now received ; Mr. William B.
Richards moved in amendment to the Question, seconded by Mr. Benjamin Seymour, that all
the words after " that" to the end of the Question be left out, in order to add the words : "the
said Bill be now recommitted to a Committee of the whole House, for the purpose of amending
12 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
the same, by adding the words : " Provided always, that at least two thirds of the freeholr'ers
and householders of such Sch- ol Sectiot then present must concur to any proposition for estab-
lishing a Free School, or buiJding a new School Uouse in such Section," at ti e end of the Fourth
paragraph of the Sixth Section ;
Mr. Richards, in moving this amendment, said, that the concurrence of the ratepayers to the
contemplated expenditure was what he proposed. He held that the Bill itself was too complex, too
much opposed in every way to public opinion to be successfully carried out. There were not two
constituencies in the Province by whom it would be understood, or who would appoint Superintend-
ents that could explain it to the Trustees.
Mr. Hincks regretted that the Bill had given so little satisfaction to the honourable Member for
Leeds. He could only say, that he had given the subject the utmost attention during the recess, and
had received the advice and assistance of those parties who must necessarily understand the practical
working of a School Bill far better than the honourable Member for Leeds, or any other Member in
the House, possibly could. If there were any legal errors in the mode of drawing it up, he could only
say, that there were upwards of forty lawyers in the House, and he had received the assistance of
several of them. With respect to the amendment now before the House, he could only record his
vote against it, as he was firmly convinced that it would prevent the Bill from ever working sutisfact-
orily.
The Question, having been put on the Amendment ! the House divided ; and the names
being called for, ti ey were taken down, — the vote being : — Yeas, IJ ; Nays, 23. So it passed
in the negative.
The Tenth Section was amended, on motion of the Honourable J. Hillyard Cameron, by the words;
" freeholders and landholders" being substituted for " resident householders."
The Honourable Henry J. Boulton was strongly opposed to the power being thus given by the
Bill to tax non-residents and people who could not take advantage of the Schools, to pay for other
people's children. He contended that the principle was unprecedented.
Mr. Hincks replied to him by reading from the School Act of Massachusetts, which conferred this
power to School Trustees. He also informed the honourable gentleman, that, in Scotland and in the
State of New York, a similar principle was carried out. The Section, as amended was then carried.
The Section was also amended so as to empower non-resident freeholders of property to vote in the
election of School Trustees.
And the Question being again proposed, that the Report be now received : Mr. William B.
Richards moved in amendment to the Question, seconded by Mr. Jacob De Witt, that all the
words after " That," to the end of the Question be left out, in order to add the words : "the
said Bill be now recommitted to a Committee of the whole House, with an Instruction to the
Committee to amend the Eighteenth Section so as to authorize the Township Councils to appoint,
annually, a Superintendent of Schools f©r their respective Townships."
Mr. Hincks said that the amendment was to destroy the whole principle of the Bill, so far as it
related to the appointment of Township, instead of County, Superintendents of Schools. The hon-
ourable Gentlemen is asked to make it compulsory on Township Councils to appoint Township Super-
intendents ; whereas he proposed to leave that question to be decided entirely by the County Councils,
which were best able to judge whether more than one School Superintendent was required in a County,
or not.
And the Question being put on the Amendment ; the House divided:— And it passed in
the negative.
And the Question being again proposed, that the Report be now received ; Mr. William B.
Richards moved in amendment to the Question, seconded by Mr. Jacob I'e Witt, ihat all the
words after " J hat," to the end of the Queston be left out, in order to add the words : " the
said Bill be now recommitted to a Committee of the whole House, for the purpose of amending
the same, so as to permit the several Townjship Councils to appoint local Superintendents of
Common Schoo's within iheir several localities, where the Coun'^y Council hhall fail to appoint a
Local Superintendent of Schools for the whole County ;
And the Question being put on the Amendment, the House divided :— And it passed in
the negative.
And the Question being again proposed, That the Report be now received ; Mr. William B.
Richards moved in amendment to the Question, seconded by Mr. Jacob De Witt, That all the
wonls after " That," to the end of the Question be left out, in order to add the words : '' the
said Bill be now recommitted to a Committee of the whole House, with an Instruction to the
Committee further to amend the same, so that the remuneration of the Local Superintendent of
Schools, intended under the Thirtieth Section, be such as the Municipal Body, by wl ich he is
appointed, shall allow for his services ;'*
Mr. Richards, in moving this amendment, said that the people in the Country were not prepared
topay Two or Three Hundred pounds in each County, besides their other taxes for the salaries of these
Utbcers, who made their School Visits a winter pleasure-trip ; stopping their Horse for a few minutes
at a School Room Door, and jjust asking as many questions of the Teacher as would suffice to give
Chap. I. EDUCATIONAL PROCEEDINGS OF THE LEGISLATURE OF CANADA. 13
them a general knowledge of the state of aflfairs. The Councils were the best judges of the rem aner-
ation wibich these Officers ought to receive.
Mr. Hincks would almost be inclined to suppose, from the observations of the honourable gentle-
man, that it was altogether a new principle to fix the salaries of Officers of this class ; and that there
was going to be, in consequence, a tremendous increase in taxation. No objection was ever made to
Government fixing the salaries of Peace Officers and Magistrates. In the honourable Member's own
County, there were at this moment two hundred and six Schools, and the local Superintendent receives
One Hundred and Fifty pounds, (£150,) a year for visiting them. The honourable gentleman said it
was a mere " pleasure-trip," and intimated that the office was of no public benefit. Now, that was
precisely what this Bill was intended to guard against. Each local Superintendent was to visit the
Schools under his supervision four times a year, and he was bound to deliver a Lecture in each School
Section once a year. Only one hundred Schools were to be placed under his charge, and, for each
visit to a School he was to receive five shillings. The strict supervision of a man of ability and learn-
ing would thus be obtained, and for that improvement, he was convinced that the people would
not object to pay the trifling advance on the present salary of Township Superintendents.
Mr. John Prince said the sum fixed by the Inspector-General was not too much for the salary of
a local Superintendent of the Schools. He was confident that the people would not grumble at it. . .
The Honourable Henry Sherwood was of the opinion that the correct principle was to pay Public
Officers in proportion to their services ; he was also of opinion that the same power which appointed
a Public Officer, ought also to fix his salary. The appointments of local Superintendents of Schools
by the County Council was a case in point. It Mould be far better to leave the remuneration of their
Officers to the Councils which appointed them, and which must necessarily be far better acquainted
with the nature of their services, and the amount of salary which would properly recompense them,
than this House could possibly be. It would be far better to leave that power in their hands, than
for the House to fix an arbitrary sum, without anj^ reference to localities. That this power could be
safely left in the hands of the Councils there could be no manner of doubt, as they had largely shown
a desire of spreading education tliroughout the length and breadth of the land ; but, if the right of
remunerating their own officers was not left with them, it might have a most prejudicial effect. . .
He was of opinion that the party which appointed an Officer was the best judge of the remuneration
he was entitled to, and therefore ought to have the right of fixing it. The precedent made use of by
the Inspector General, did not argue against that opinion, as Peace Officers and Magistrates were ap-
pointed by the Crown, and the Crown, ver}' properly, had the power of fixing their salaries.
And the Question being put on the amendment, the House divided ; and the names being
called for, they were taken down. The vote was as follows : — Yeas, 1G ; Nays, 2-^. So it
passed in the negative.
And the Question being again proposed. That the Report be now received ; Mr. William B.
Richards moved in amendment to the Question, seconded by Mr. James Smith, That all the
words after " That " to the end of the Question be left out, in order to add the words : " The
said Bill be now recommitted to a Committee of the Whole House, for the purp< se of amending
the Thirty-fotirth Section of the same so as to fix the salaries of the Chief Superintendent of
School? for Upper Canada, at Four Hundred and Twenty pounds (£420,) per annum, of the
first Clerk at One Hundred and Seventy-five pounds (£175) per annum, and o*^ the second
Clerk at Sixty pounds (£(50) per annum ; "
And a debate arising thereupon; Mr. William B. Richards moved, seconded by Mr. Robert
Christie, and the Question being put. That the Debate be adjourned until tomorrow; the
House divided ; and it was resolved in the affirmative.
July 9th, 1850. The Honourable Mr. Attorney General Baldwin, one of Her Majesty's
Executive C )uncil, presented, pursuant to an Ad Iress to His Excellency the Governor General,
a Return to an Address from the Legislative Assembly to His Excnllency the Governor General,
dated the first instant, praying His Excellency to cause to be laid before the House, a detailed
Statement of the amount expended towards defraying the expenses of the " Commission of
Enquiry into the affairs of the University of King's College," appointed under a Statute of the
University, and also, a statement of the progress which has been made under such Commission
of Enquiry, up to the present time.
The Order of the Day being read, for resuming the adjourned Debate upon the amendment
which was yesterday proposed to be made to the Question, That the Heport [of the Committee
of the Whole House, on the Bill for the better Establishment and Maintenance of Common
Schools in Upper Canada], be now received ;
And which Amendment was, That all the words after "That" to the end of the Question
be left out, in order to add the words : " the said Bill be now recommitted to a Committee of
the Whole House, for the purpose of amending the Thirty-fourth Section of the same, so as to
fix the Salaries of the Chief Superintendent of Schools for Upper Canada, at Four Hundred and
Twenty pounds, (£420,) per annum, of the first Clerk at One Hundred and Seventy-five
(£175,) pounds, per annum, and of the second Clerk at Sixty pounds (£60), per annum ; "
And the Question on the Amendment being again proposed : — The House resumed the said
adjourned Debate.
it DOCUMENTARY HISTORY OF EDUCATION IN TPPER CANADA. 1850
The House again went into Committee of the Whole, and the adjourned debate on the Salary of
the Chief Superintendent of Education of Ujpper Canada was resumed, on Mr. William B. Richards
motion to reduce that Gentleman's salary from the proposed Five Hundred pounds (£500,) as pro-
posed by Inspector General Hincks, to Four Hundred and Twenty pounds, (£420,). Messieurs VV. B.
Richards, James Smith, Henry Sherwood, George Sherwood, William Cayley, Henry J. Boulton,
John Prince, William B. Robinson, William H. Boulton, William Badgley, Benjamin Holmes, John
S. Macdoual'd, John A. Macdonald, Peter Perry, Caleb Hopkins and Robert Christie having spoken
on the subject, for and against the eighty pounds increajse of salary to the Chief Superintendent,
the Honourable Inspector General Hincks thus defined the relations of the government to the
Reverend Chief Superintendent of Education. He said :—
Relations of the Provincial Government in 1850 to the Reverend Doctor Ryerson.
The Member for Toronto, (Mr. William H. Boulton,) had charged the Administration with bnying
the support of the Chief Superintendent of Education with an increased salary. He had desired, in
bringing forward this question, to make it as little a political question as possible. He thought that
the great question of Education might be treated without reference to party differences. He thought
it his duty, considering the position which the Reverend Superintendent of Education occupied
towards the party, with whom he acted, to state his whole course of conduct towards that Gentleman
since he had taken office.
It was well known to the House that the Reverend Gentleman was engaged, before accepting the
Office, which he now held, in a very keen controversy with the Members of the present Ministry ; he
had taken a course decidedly hostile to them. As a writer for the public press, at that time, he had
himself engaged in that contest, though without personal feeling, as he trusted he had engaged in
every contest of the kind ; but there was undoubtedly, on his own part, and on that of his Colleagues,
a strong political feeling of dislike to the Reverend Gentleman, on account of the formidable oppo-
sition with which they had been met by him. He was appointed to the Office of Chief Superintendent,
by the late Government, and he did not blame that Government for so appointing him ; for, if any
one ever established strong claims upon a party, it was the Reverend Gentleman, by his defence of
that Administration. The present Ministry again assumed the duties of the Government ; and,
undoubtedly, there was a general feeling among their supporters, that one of the first measures
expected of them was the getting rid of the Reverend Chief in some way, or other ; and, in that feel-
ing most certainly he sympathised. He had found, however, b}' the bye, that those, who were most
eager to recommend the Government to dismiss Officials, when they were put into similar situations,
into the Municipal Councils, for instance, that they did not carry out those views, and that thty did
not turn out their opponents without a reason for it.
There were two, or three, ways of removing the Chief Superintendent ; One was, to make the
Office a Political one ; but, after the best consideration being given to the question, it was not con-
sidered advisable to do that,* and the proposition to abolish the Office altogether, he was satisfied
would have had the worst possible consequences on the educational interests of the country,— after
observing, as he did, the benefits of active superintendance of the Schools in New York and in our
own Province. The only other mode, then, if these two were resisted was to remove the Incumbent
altogether, — and then the question came up, whether he had acted in such a manner as to justify his
dismissal. He had often asked this question of the persons who had urged his dismissal, and they
had never given one good reason to support the affirmative.
He was not one of those who thought, that, because a person supported one Government, he was,
therefore, incapable of serving faithfully those who succeeded them, and whom he had formerly
opposed,— always supposing, of course, that his office was not a political one. He could not find that
the Reverend Gentleman, since his appointment, had entered, in the slightest degree, into the field,
of politics, and, as he discharged his duties with great zeal and ability, they had no reason to interfere
with him. Then, the point was : how were they to act toward him in his position, and his, (Mr.
Hincks,) determination was to give him the most "^cordial support ; as a Member of the Government
he considered it his duty to do so. He felt it his duty to give the same support to Officers who came
oftener into contact with him, — the officials of the Custom House ; and he defied any one to say that
any political opponent of his had received less cordial support in the discharge of the duties of his
office than his friends had ; the efficiency of the service absolutely required that he should do so.
He had put himself in co.nmunication with the Reverend Gentleman in reference to this School
Bill, and, as he, (Mr. Hincks), believed that Doctor Ryerson possessed a more complete knowledge of
the School System than any other person, he thought that any Government would have done very
wrong not to have availed themselves of that knowledge.
He deeply regretted the course which some gentlemen, with whom he generally acted, had taken
on this matter of salary. They had heard a great deal of "subservient majority," but he had seen
during this Session, and tht last, that those Members who professed to support \he Administration,
were ready to turn round, and, on any trumpery detail, even of great measures, to make an excuse to
oppose the Government.
It was totally opposed to the principle and practice of responmble party Government, and, if as a
rule was carried into the Administration system, would make it altogether impracticable. If his
honourable friend (James H Price), the Commissioner of Crown Lands, with whom he had often to
consult on the preparation of this School Bill, had insisted upon this little point, or that, being so and
80, the Bill could never have been introduced. In all political matters and parties, it was absolutely
*'^^,?.*'"?!^'?M^,^'"- ^incks here expressed his opinion as being against the substitution of a Minister of Education for
a non-pohtical Chief Supenntendent.
Chap. I. EDUCATIONAL PROCEEDINGS OF THE LEGISLATURE OF CANADA. 15
necessary that persons should yield small points, on which they happened to differ, from those with
whom they acted on the great ones.
The School Bill now before them had been pronounced a good one by all sides of the House ; yet
amendment after amendment had been moved of the most frivolovis character; (and he must say,)
nearly all from their own sifle of the House. They had been threatened by the Member for Durham,
(James Smith), with being hurled from their places.
He, (Mr. Hincks) had witnessed before now changes in popular opinion, and could bide his time.
If the Members of the House withdrew their support from the Administration, and announced it in
a proper manner, he, for one, was ready to bow to their decision ; but he would tell them, that if
they succeeded in forming their *' clear Grit " Government, they too must have the support of a party,
and that they could not have that, if they were to insist on their own way on every trumpery point.
They had appointed a Finance Committee to enquire into the revenue and expenditure of the
whole Province, and it would be their dut\' to inquire into the duties of both Superintendents of
Schools, and ascertain the adequate remuneration. He knew perfectly well that there Members of
the Finance Committee, who only desired to reduce the salaries of the Members on the Treasury
Benches, and who were not desirous to go any further in tlie inquiry . . .
He might remark, that he had not found the Lawyers in the House very anxious to reduce the
salaries of the Judges, but when it came to civilians, to the Superintendents of Education, then Five
Hundred pounds (£500,) a year was far too much ! Now, he considered the duties of that office as
quite equal in importance, and requiring equal talents, to those of the highest office in the customS;
and such Superintendents should not therefore be placed in an inferior position to such an Officer . . .
The Government earnestly desired that a searching enquiry should be made by the Finance Com-
mittee into the proceeding of every Department*; there were Members on it who would go a certain
-length, and would go no further, but he, (Mr. Hincks,) would go into it from the beginning to the
very end.
Mr. William H. Boulton moved in amendment to the said proposed amendment of Mr.
William B. Richards, seconded by Mr. John Scott, that the words: '"Four Hundred and Twenty"
be left out and the words : " Three Hundred " inserted instead thereof ;
And the QL?estion being put on the Amendment to the said propoS:^d amendment, the
House divided ; and the names being called for, they were taken down, and the vote was as
follows : Yeas 6 ; Nays, 60. So it passed in the negative.
And the Question on the Amendment to the Original Que^ttion being again proposed ; Mr.
James Smith moved in amendment to the sai 1 proposed Amendment, seconded by Mr. William
Notiuan, that the words "and twenty " be l^ft out ;
And the Question being put, that those words be left out ; the House divided : and the
names being called for, they were taken down, the vote being as follows : Yeas, 17 ; Nays, 48.
So it passed in the negative t
And the main Question being again proposed, that the Report be now received ;
Mr. James Smith moved in amendment to the Question, seconded by Mr. Thomas H.
Johnson, that all the words after "that " to the end of the Question be left out, in order to add
the words : " the Bill be recommitted to a Committee of the Whole House, for the purpose of
further amending the same, bv leaving out the words : " Provided always, that no portion of
the Legislative School Grant shall be applied in aid of any School in which any Book is used
that has been disapproved of by the Council of Public Instruction, and public notice given of
such disapproval" in the fifth paragraph of the Thirty-eighth Sectirn, and the words, "or
authorized," in the third paragraph of the Twenty-ninth Section."
And the Question being put on the amendment ; the House divided : and the names being
called for, they were taken down, the vote being as follows : — Yeas, 13 ; Nays, 44. So it
p issed in the negative.
And the Question being again proposed, that the Report be now received ;
Mr. James Smith moved in amendment to the Question, seconded by Mr. Thomas H.
Johns(»n. that all the words after "that" to the end of the Question be left out, in order to add
the words : "the said Bill be tiow recommitted to a Committee of the Whole House, for the
purpose of leaving out the word "direct" in the fifth paragraph of the Thirty-fifth Section, and
inserting the word "authorize," and adding the words "under the direction of the Local School
Superintendent" at the end of the said Section ; "
* An inquiry into the management of the Education Department bv this Finance Committee was made. I append, in
another Chapter of this Volume, the evidence on the subject which was laid before that Committee by the Chief Superin-
tendent of Education.
t It is singular that the House devoted very much more time to a discussion as to whether the Salary of the Chief
Superintendent should be £300, £400. £420, or £500, than it did to the consideration of, an i discussion on, the whole of the
rest of the Common School Bill of 1850.
l5 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
And the Q.iestioii being put on the Amendment, the House divided : and the names being
called for, they were takt-n down, the #^ote being as follows :— Yeas, 20 ; Nays, 36. So it
passed in the negative.
And the Question being again proposed, that the Report be now received ;
Mr. James Smith moved in amendment to the Question, seconded by Mr. Thomas H.
Johnson, that all the words after " that " to the end of the Question be left out, in order to add
the words : "the said Bill be recommitted to a Committee of the Whole House, for the purpose
of leaving out the word: ''three" and inserting the word: 'five" i..stead thereof, in the
Thirty-eighth Section, as necessary for a Quorum of the Council of Public Instruction : "
And the Question being put on the amendment ; the House divided ; the vote being : —
Yeas. 14 ; Nays, 25. So it passed in the negative.
Then die main Question being put ; it was
Ordered, That the Report be now received.
Mr. Jacob De Witt, in the absence of Mr. Wolfred Nelson, reported the Bill accordingly ;
and the amendments were read, and agre^ d to.
And another Amendment was made to the Bill, by leaving out the words : " that it shall
be the duty of the Municipal Council of any City, Town, Village, or Township," in the Nine-
teenth Section thereof, and inserting the words : " that it shall be the duty of the Municipal
Council of any Township, and of the Board of Trustees of any City, Town, or incorporated
Village," instead thereof.'''
Ordered^ That the Bill, with the amendments, be engrossed, and read the third time
to-morrow.
July 11th, 1850. The following Petition was read : — Of Mr. John Caven, President, on
behalf of the Dumfries Teachers' Aswciation, representing. (l),that much benefit will result from
the e-tablishment of Teachers' Institutes upon a proper basis; (2). that the Office of Chief Sup-
erintendent ought to be abolished and the duties thereof performed by the Provincial Secre-
tary ; and (3), that Provincial Certificates should not be confined to Students of the Normal
School, only, and praying for legislation in the premises.
The Order of the Day tor the third reading of the Bill for the Better Establishment and
Maintenance of Common Schools in Upper Canada being re id, it was :
Ordered, That the Bill be read a third time to-morrow.
July 12th, 1850. An engr ssed Bill for the Better Establishment and Maintenance of
Common Schools in Upper Canada, was, according to Order, read the third time.
Resolved, That the Bill do now pass.
Ordered, That the Honourable Francis Hincks do carry the Bill to the Legislative Council,
and desite their concurrence.
The Order of the Day for the second reading of the Bill to Remove certain Doubts respect-
ing the Intention of the Act of the last Session «»f the Parliament of this Province for amending
the Charter of the University of Toronto, and to provide for the institution and endowment of
Regius and other Professorships, Lectureships, Fellowships, Scholarships, Exhibitions, Prizes
and other Rewards, in the said University, and for other purposes connect d with the said Uni-
versity, and with the College and Royal Grammar School of Upper Canada College forming an
Appendage thereof, being read ;
The Bill was accordingly read a second time ; and committed to a Committee of the whole
House, for Tuesday next.
Ordered, That the Return to an Address of the Legislative Assembly to His Excellency, the
Governor General, on the subject of the expenses of the " Commission of Enquiry into the
aflfairs of the University of King's College," laid before this House, on Tuesday, the Ninth
instant, be printed for the use of the Members of this House.
The Order of the Day for the House in Committee on the Bill to Remove certain Doubts
respecting the Intention of the Act of the last Session of the Parliament of this Province for
amending the Charter of the University of Toronto, and to provide for the institution and
endowment of Regius and other Professorships, Lectureships, Fellowships, Scholarships, Exhi-
bitions, Prizes and other Rewards, in the said University, and for other purposes connected with
the said University, and with the College and Royal Grammar School of Upper Canada College,
forming an Appendage thereof, being read ;
I have omitted the report of the debate on this Nineteenth Section of the School Bill, relating to Separate Schools, as
ttie subject has been fully discussed in current publications at the time, and in those of subsequent years, including the
Book on the " Legislation and History of Separate Schools in Upper Canada,— 1841 to 1876 "—published by Doctor William
Bngg8ml897. ft- , t- j
€hap. I, EDUCATIONAL PROCEEDINGS OF THE LEGISLATURE OF CANADA. 17
The House accordingly resolved itself into the said Committee. Mr. Francois X. M^thot
took the chair of the Committee ; and after some time spent therein, Mr. Speaker resumed the
Chair ; And Mr. Methot reported, That the Committee had made some progress, and directed
him to move for leave to sit again.
Ordered, That the Committee have leave to sit again, to-morrow.
The Order of the Day for the second reading of the Bill for the Better Establishment and
Maintenance of (Grammar Schools in Upper Canada, being read ; The Bill was accordingly read
-a second time.
The Honourable FraiicisHincks moved, seconded by the Honourable James H.Price, and the
■Question being proposed. That the Bill be committed to a Committee of the whole House for
to-morrow ;
Mr. William B. Richards moved in amendment to the question, seconded by Mr. James
^mith, That the word : " to-morrow " be left out, in order to add the words : " Tuesday next ;"
And the Question being put on the Amendment, it was resolved in the Affirmative. Then
the main Question, as amended, being put ; and it was :
Ordered, That the Bill be commmitted to a Committee of the Whole House for Tuesday
next.
Jvly ISth, 1850. A Petition was read from Mr. William P. Newman and others, of the
County of Kent, praying that the Common School Bill be so amended as to prevent the creation
of Separate Schools for Coloured Children, unless desired by the Coloured people themselves.
Jidy 19th, 1850. A Message was received from the Legislative Council by John Fennings
Taylor, Esquire, one of the Masters in Chancery, as follows : —
Mr. Speaker,
The Legislative Council have pas?ed the following Bill, without amendment, videlicet : —
A Bill, in'ituled : "An Act for the Better Establishment and Maintenance of Common
Schools in Upper Canada. "
Ren^ E. Caron, Speaker.
Legislative Council, 18th July, 1850.
July ^Jfth, 1850. The Honourable Mr. Attorney-General Baldwin, one of Her Majesty's
Executive Council, presented, pursuant to an Address to His Excellency the Governor General,
— Return to an Address from the Legislative Assembly to His Excellency the Governor General,
dated the Fourth instant, praying His Excellency t*^ cause to»be laid before the House a Tabular
Return of the names of the Medical Students who have regularly attended the Lectures on
Anatomv, Physiology, Surgery, Medicine, Materia-Medica, and Midwifery, in the University of
King's College, since the commencement of these Lectures to the present time ; specifying also
how many of these branches each Student has regularly attended annually, and how many of
such Students had matriculated in the said University.
A Message from His Excellency the Governor General by Frederick Starr Jarvis, Esquire,
Gentleman Usher of the Black Rod, was received, as follows : —
Mr. Speaker,
His Excellency the Governor General desires the immediate attendance of this Honourable
House in the Legislative Council Chamber.
Accordingly Mr. Speaker, with the House, went to the Council Chamber : and being
returned ;
Mr. Speaker reported. That agreeable to the commands of His Excellency the Governor
General, the House had attended upon His Excellency in the Legislative Council Chamber,
where His Excellency was pleased to give, in Her Majesty's name, the Royal Assent to the
following, among other. Public and Private Bills : —
An Act for the Better Establishment and Maintenance of Common Schools in Upper
Canada, 1850.
The Order of the Day for the House in Committee on the Bill to remove certain Doubts
respecting the Intention of the Act of the last Session of the Parliament of this Province for
amending the Charter of the University of Toronto, and to provide for the institution and
endowment of Regius and other Professorships, Lectureships, Fellowships, Scholarships.
Exhibitions, Prizes and other Rewards, in the said University, and for other purposes connected
with the said University, and with the College and Royal Grammar School of Upper Canada
College, forming an Appendage thereof, being read ; the House accordingly resolved itself into
the said Committee. Mr. Jean B. Mongenais took the chair of the Committee ; and after some
2 D.E.
18 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
- . - -
time spent therein, Mr. Speaker resumed the Chair ; And Mr. Mcmgenais reported, That the
Committee had gone through the Bill, and made amendments thereunto.
Ordered, That the Report be received to-morrow.
Jidy 2Hh, 1850. The Petition of the Honourable John B. Robinson Chief Justice of
Upper Canada, and others. Clergy and Laity, Members of tJie United Church of England and
Ireland, in the Province of Canada, was brought up by the Honourable John Hillyard < ameron
and laid on the Table.
Ordered, That the said Petition be now read, and that the Rules of this House be sus-
pended as regards the same And the said Petition was read, praying for the passing of an
Act to incorporate the Petitioners under the name and style of " Trinity College."
Ordered, That the Honourable John Hillyard Cameron have leave to bring in a Bill to
incorporate Trinity College. He accordingly presented the said Bill to the House, and the
same was received and read for the first time ; and ordered to be read a second time, on Mon-
day next,*
Jtdy 26th, 1850. Mr. Jean B. Monuenais reported the Bill to rem<jve certain Doubts
respecting the Intention of the Act of the last Session of the Parliament of this Province for
awarding the Charter of the University of Toronto, and to provide for the institut on and en-
dowment of Regins and other Professorships, Lectareships, Fellowships, scholarships. Exhibi-
tions, Prizes and other Rewards, in the said University, and tor other purposes conn* cted with
the said University, and with the College and Royal Grammar School of Upper Canada College
forming an Appendage thereof ; and the amendments were read, and agreed to
The Honourable Mr. Attorney General Baldwin moved, seconded by the Honourable James
Harvey Price ; and the question being proposed, that the Bill, with the Amendmentp, be en-
grossed, and read the third time to-morrow, the Honourable John Hillyard Cameron moved
in amendment to the Question, seconded by Sir Allan N. Macnab, that all the words after
" Bill" to the end of the Question be left out, in order to add the words : " be now recommitted
for the purpose of leaving out all the words in the Preamble, after Whereas," and inserting the
words:" "An Act was p^issed in thelastSession of the Parliament of this Province. Chapter Eighty-
two, and intituled : '*An Act to amend the Charter of the University established at Toronto by
His late Majesty King George the Fourth, to provide for the more satisfactory government of
the said Universitv, and for other purposes connected with the same, and with the College and
Royal Grammar School forminy: and Appendage thereof ; " and VVhereas doubts have been
raised as to the powers of the paid University, b\ statute, or otherwise, to make the necessary
Regulations for insu»in« to its Members the opportunities of Religious Instruction and attend-
ance upon Public Worship by their respective Ministers, and according to their respective forms
of religious faith : and Whereas it is desirable that such doubts shall be removed ; "
This Amendment was lost on a division, by a Vote of 15 Yeas to 37 Nays.
On the Question of the Bill being read for the third time being again proposed, the Hon-
ourable Henry John Boulton moved in amendment, seconded by Mr. Caleb Hopkins, that all
the words after *' Bill" be left out, in order to add the words" :
"Be now recommitted to consider the expediency of leaving out the first Clause and
inserting the following instead thereof :
"Be it enacted, for the better enabling every Student in the said University to receive
Religious Instruction according to the Creed which he professes to hold, it shall be lawful for
the said University, from time to time, as occasion may require, by Statute, or Statutes, either
Visitorial. ov Senatorial, to be framed and passed for that purpose, to assign a fit and convenient
Site within tht* precintsof the grounds attached to the said University, wherein it shall be lawful
for any Denomination of Christians, who shall think fit lo apply to the Univeisity for such
privilege, to erect, according to a plan to be approved of by the said University, a Chapel, Hall,
or Lecture Rooms, for Divine VV^orship, or the delivery of Lectures in Divinity, accordmg to the
Creed of the parties so applying ; and also to endow any Professorship which such persons shall
think fit to found for that purpose, either by grant of lands, or tenements, or of stocks, funds,
public, or freehold, securities as they shall think proper to bestow in that behalf, and to grant
and invest the same to, or in, the name of the Chancellor, Masters and Scholars of the said
University, in trust for such endowment, anything in the statutes of mortmain to the contraiy
thereof in anywise notwithstanding :
" Provided, That no Lecturer, Reader, Professor, or other Person, appointed to officiate in
any manner, in such Chapel, Hall, or Lecture Room, shall, by reason thereof, be regarded as a
Member of the said University, nor entitled to any voice m the government thereof, but the
same 8hall,nevertheless, be subject to such Rules and Regulations as the University shall think
fit, by Statute, to prescribe, concerning the days and times when Religious Instruction shall be
* This Bill did not come up for a Second Reading during this Session of the House. It was, however, reintroduced dur-
ing the following Ses^^ion and passed.
Chap. I. EDUCATIONAL PROCEEDINGS OF THE LEGISLATURE OF CANADA. 19
given therein, and for securing that the same shall not interfere with the general discipline of
the said University : Provided always, that no Student shall be compelled, by any Rule of the
University, to attend any Theological Lecture, or Religious Instruction, but that all attendance
thereat shall be purely voluntary, so far as the authority of the said University may be invoked
to enforce it."
And the question being put on the Amendment, the House divided, and it passed in the
negative. Then the main question being put, the House divided, and it was resolved in the
affirmative.
Ordered, That the Bill, with the amendments, be engrossed and read a third time to-mor-
row.
July 27th, 1850. An engrossed Bill to remove certain Doubts respecting the Intention of
the Act of the last Session of the Parliament of this Province for amending the Charter of the
University of Toronto, and to provide for the institution and endowment of Regius and other
Professorships, Lectureships, Fellowships, Scholarships, Exhibitions, Prizes and other Rewards,
in the said University, and for other purposes connected with the said University, and with the
College and Royal Grammar School of Upper Canada College, forming an Appendage thereof,
was, according to Order, re^d the third time.
Resolved, That the Bill do now pass.
Ordered, That the Honourable Mr. Attorney General Baldwin do carry the Bill to the
Legislative Council, and desire their concurrence.
Jnly 29th, 1850. Ordered, Th^t Mr. Solicitor General, John Sanfield Macdonald, have leave
to bring in a Bill to provide for the payment of the sum of money ther. in mentioned, for the
use of three additional Grammar Schools in the County of York, for the year 1849.
He accordingly presented the said Bill to the House, and the same was received and read
for the first time ; and ordered to be read a second time on Wednesday next.
Jidy 30th, 1850. The Order of the Day for the second reading of the Bill to incorporate
the Elgin Association for the Settlement and Moral Improvement of the Coloured population
of Canada being read. The Bill was accordingly read a second time ; and committed to a Com-
mittee of the whole House for J hursday next.
A Message was received from the Legislative Council, by John Fennings Taylor, Esquire,
one of the Masters in Chancery, as follows : —
Mr. Speaker,
The Legislative Council has passed a Bill intituled : "An Act to authorize the Removal of
the Site of Victoria College from Cobourg to Toronto,"
Legislative Council, 30 July, 1850.
Ren^ E. Caron, Speaker.
k
This Bill having been read a first time.
On motion of Mr. Joseph C. Morrison, sf conded by the Honourable Francis Hincks, it was
Ordered, That the said Bill be read a second time on Thursday next.
August 31st, 1850. The Standing Committee on Expiring Lands reported, that the Legisla-
tive Council had passed the Bill, intituled : " An Act to remove certain Doubts respecting the
Intention of the Act of the last Session of the Parliament of this Province for amending the
Charter of the University of Toronto, and to provide for the institution and endowment of
Regius and other Professorships, Lectureships, Fellowships, Scholarships, Exhibitions, Prizes,
and other Rewards in the said University, and for other purposes connected with the said
University, and with the College and Royal Grammar School of Upper Canada College, forming
an Appendage thereof," with several amendments; to which they desire the concurrence of this
House :
Ordered, That the Amendments made by the Legislative Council to the Bill : intituled,
" An Act to remove certain Doubts respecting the Intention of the Act of the last Session of
the Parliament of this Province for amending the Charter of the University of Toronto, and to
provide for the institution and endowment of Regius and other Professorships, Lectureships
Fellowships, Scholarships, Exhibitions, Prizes and other Rewards, in the said University, and
for other purposes connected with the said University, and with the College and Royal
Grammar School of Upper Canada College, forming an Appendage thereof," be now taken into
consideration.
The House proceeded, accordingly, to take the said Amendments into consideration ; and
the same were read, as follows : —
Press 2, line 29. Leave out from "contained" to "Members," in line 32, and insert "nine."
Press 2, line 38. Leave out from " business " to " and," in line 36.
10 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
f
Press 4, line 21. A fter '* purpose " insert Clause (A.) as follows :—
" And be it enacted, that nothing in the three next preceding Sections of this Act contained
shall affect, or be construed to affect, in any way, the Twelfth Section of the said recited Act,
but that the provisions of the said three Sections shall, to all intents and purposes, whatsoever,
be subject to. and limited by, the provisions of the said Twelfth Sections, as if the same had
been inserted in this Act."
The said Amendments, being read a second time, were agreed to.
Ordered, That the Honourable Mr. Attorney General Baldwin do carry back the Bill to
the Legislative Ccuncil, and acquaint their Honours that this House hath ajreed to their
Amendments.
Augud 2nd, 1850. The following Petition was presented to the House and read :—
Of the Reverend John Ryerson, in behalf of the Board of Trustees and Visitors of Victoria
College ; praying for the passing of an Act to authorize the removal of the Site of the said College
from Cobourg to Toronto.
To the Honourable the Legislative Assembly of Uppei Canada :
The Memorial of the Board of Trustees and Visitors of Victoria College,
Most respectfully Sheweth :
1. That Your Memorialists are of opinion that the objects and interests of Victoria College
would be greatly promoted by the removal of the Site of the College from the Town of Cobourg
to the City of Toronto.
2. That the Conference of the Wesleyan Methodist Church, under whose auspices and
authority the said College has been established and sustained, has authorized and recommended
an application to the Legislature for the removal of the Site of the said College to the City of
Toronto. ■'^
Your Memorialists, therefore, pray Your Honourable House to pas? an Act authorizing the
removal of the Site of Victoria College from the vicinity of the Town of Cobourg to the City of
Toronto, and that all the provisions of the Act of (1841,) Fourth and Fifth Victoria, Chapter
Thirty Seven, intituled : " An Act for the Incorporation of the Upper Canada Academy, under
the name and style of Victoria College," may be in force and apply as fully to said College
situated at, or near, the City of Toronto, as these virovisions have heretofore applied, or do
apply, to said College in the vicinity of the Town of Cobourg.
And Your Memorialists, as in duty bound, will ever pray.
Signed by order and in behalf of the Board of Trustees and Visitors of Victoria College,
this Twenty fifth day ^f July, 1850.
Toronto, 25th July, 1850. John Ryerson, Chairman of the Board.
The Order of the day for the second reading of the Bill to provide for the payment of the
sum of money therein mentioned, for the use of three additional Grammar Schools in the
County of York, for the year 1849, being read ; the Bill was accordingly read a second time ;
and ordered to be engrossed and read the third time to-morrow.
August 3rd, 1850. The Order of the Day f 3r the House in Committee on the Bill for the
Better Establishment and Maintenance of Grammar Schools in Upper Canada being read ;
Ordered, That the said Order be discharged.
The following is a copy of this Bill, as prepared, (and afterwards revised, in
1853,) by the Reverend Doctor Ryerson, Chief Superintendent of Education, and
introduced into the House of Assembly by the Honourable Francis Hincks : This
Bill was withdrawn for various reasons in 1850, but it was reintroduced into the
House of Assembly in 1853, and it was passed into a Law in June of that year.
* The Conference, in its Pastoral Address to the Members of the Wesleyrn Methodist Church, thus refers to its assent
to the removal of Victoria College from Cobourg to Toronto :—
After anxious and mature deliberation, we have contingently decided upon the transfer of our Educational Establish-
ment to Toronto. Important reasons have influenced us in arriving at this conclusion. Through other mediums, and at
the earliest period, you will be duly informed of them, when, we doubt not, you will fully perceive the necessity of the
contemplated transfer, and join heartily with us in promoting a movement, which cannot fail to advance the best interests
of \ ictoria College.
Chap. I. EDUCATIONAL PROCEEDINGS OF THE LEGISLATURE OF CANADA. 21
Draft of An Act for the Bettfr Establishment and Maintenance of Grammar Schools
IN Upper Canada.
Whereas it is expedient to make further provision for the Better Establishment and Preamble,
maintenance of Grammar Schools in the several Counties and Cities in Upper Canada.
Be it therefore enacted, etcetera.
That all moneys arising from the sale of lands set apart, or which may hereafter be Grammar Schoor
set apart for the encouragement of Grammar Schools in Upper Canada, and which shall ^""j^^j^J^"^ *^°""
not have been specially granted to, or vested in, or for the benefit of, any particular
College, Grammar School, or other Seminary, or place of Education, or otherwise de-
parted with by the Crown, and all other moneys which have been, or may hereafter be %
granted by Parliament, or which may be or become otherwise available from any other
sources for that purpose, shall form a fund, to be called " The Upper Canada Grammar
School Fund," and shall bednvested in Government, or other, securities, by the direction Invested in Pub-
of the Governor-in-Council ; and the annual income thereof, after the deduction there- '^ securities,
from, of certain sums of money otherwise specially appropriated by this Act, shall be
annually apportioned to the several Cities, Counties and Unions of Counties in Upper Apportioned
Canada by the Chief Superintendent of Schools, according to the ratio of population in a.ccording to
each City, County, and Union of C'ounties, as compared with the population of Upper
Canada ; or, if he shall think it expedient, in case of a defective Census, he shall, with
the approbation of the Governor-in-Council, apportion such moneys, according to the
best evidence which he can obtain of the relative proportions of such population, having
respect to an equitable apportionment thereof, according to the said ratio of population.
Provided always, that no liarger sum shall be paid from the said annual income for the An equal sum tO'
support of any such County Grammar School in any City, County, or Union of Counties, J^cafsources"^
during any one year, than shall be raised for the same purpose in such City, County, or
Union of Counties, either by local assessment, subscription, or otherwise, over and above
all expenses of collection and exclusive of all fees of tuition. Provided also, neverthe- ^''oviso: respect-
less, that the Grammar Schools in the Cities, shall be entitled to the sums from the schoo^s^nclties.
Upper Canada Grammar School Fund, which they have heretofore received respectively,
upon the compliance of such Cities with the conditions prescribed in this Act.
II. And he it enacted, That one-half of the sum, or sums, to be annually raised by Local assessment
local assessment, or subscription, in support of any County Grammar School, shall be {gcted "
levied and collected within the limits of the Town, or Incorporated Village, or Town-
ship, Vhere such Grammar School shall be situated, and the other half of such sum. or
sums, shall be collected in the otiier parts of the County embracing such Town, Incor-
porated Village, or Township.
III. And he it enacted, That it may and shall be lawful for the Municipal Council (jQ^ngij^o levy
of each County, or City, from time to time, to levy and collect by assessment, such sum, assessments for
or sums, as it shall judge expedient to purchase the Site, or Sites of, to rent, build, re- Grammar School
pair, furnish, warm, and keep in order, a Grammar School House, or Grammar School Houses, etcetera.
Houses, and its, or their, appendages, grounds and enclosures, for procuring Apparatus
and Text-books, for providing the salarj^ of the Teacher, or Teachers, and all other
necessary expenses of such County Grammar School, or Schools.
IV. And he it enacted. That the Chief Superintendent of Schools for Upper Canada Grammar School
shall, on, or before, the first day of May in each year, notify each City and County nuallv^appor"
Council, through the Clerk of the Council, of the annual apportionment of Grammar tioned on, or be-
School moneys to such County ; shall give notice of the same to the Inspector General ; fore the 1st day
and such moneys shall be payable to the Treasurer, or Chamberlain of each County and °* *^^•^•
City entitled to receive it, on, or before, the first day of July in each year, in such man- Payable the 1st
ner as may be determined by the Governor General : Provided always, that the sum, or proviso " local
sums, raised by local assessment, or subscriptions, for the support of Grammar Schools, assessment pay-
shall be payable in each year on, or before, the Twenty-fourth day of December. able the •:24th day
^ ^ J ' ' J J of December.
V. And he it enacted. That the sum, or sums, of money annually apportioned to county Gram-
each Cit}' and County, as provided in the first Section of this Act, and at least an equal mar School
sum, or sums, raised annually in such County, shall form the County Grammar School ^V"^'.*'^ ^?.
Fund for each County, or City, in Upper Canada, and shall be expended in the payment ^ pa/nient of
of the Salaries of Teachers, and for no other purpose, as hereinafter provided by this Act. Teachers'
VI. And he it enacted, That, in each County Grammar School, provision shall be Salaries,
made for giving instruction, by Teachers of competent ability and good morals, in all the Subjects to be
higher branches of a practical English and Commercial Education ; and also in the Q^nimar School
Latin and Greek Languages, so far as to prepare students for the University, according Qo^ncil of Pub-
to a Programme of Studies and general Rules and Regulations, which shall be prescribed lie instruction
by the Council of Public Instruction for Upper Canada. to select Text
Books TirGScribG-
VII. And he it enacted, That the Council of Public Instruction for Upper Canada, programme of
(of which the Principal of the Royal Grammar School of Upper Canada College shall be studies, and
a Member for the purposes of this Act,) shall prepare and prescribe a list of Text-books, simulations ^ ^"
Programme of Studies, and General Rules and Regulations for the Organization and ^ ' ^ • '.
Government of the County Grammar Schools ; and to appoint, from time to time, and special Inspector
fix the remuneration of a Special Inspector, or Inspectors, of said County Grammar of Grammar
Schools. Schools.
22
DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA.
1850
Duty of the
Chief Super-
intendent of
Schools.
Proviso
Trustees to be
appointed by the
County Councils.
First Proviso :
Second Proviso :
Third Proviso :
Duties of each
Board of Trus-
tees.
To determine
modes of pro-
ceeding'.
To take charge
of the Grammar
School, appoint
Masters,
etcetera.
To levy rate
bills, etcetera.
May unite Com-
mon Schools
with the Gram-
mar School.
Conditions of
such Union.
To see that
pupils are pro-
vided with
Cper text-
ks, etcetera.
Duties of Masters
and Teachers.
To give orders
for payments
of Masters,
etcetera.
To prepare and
transmit annual
reports.
Grammar
School— how
distinguished.
VIII. And be if enacted, That it shall be the duty of the Chief Superintendent of
Schools to see that the County Grammar School Fund apportioned by him, is, in all
cases, applied to the purposes hereinbefore prescribed ; and that each Countj^ Grammar
School is conducted according to the Rules and Regulations provided according to law ;
and to prepare suitable forms, and to give such instructions as he shall judge necessary
and proper for making all reports and conducting all proceedings under this Act, and
cause the same, with a sufficient number of copies of this Act, and such general Rules
and Regulations as shall be approved of, by the Council of Public Instruction for the
better Organization and Government of Grammar Schools, to be printed in a convenient
form and transmitted to the parties required to execute the provisions of this Act :
Provided always, that no such School shall receive any part of the County Grammar
School Fund, which shall not be conducted according to the provisions of this Act,
IX. And he it enacted, That it may and shall be lawful for the Municipal Council of
each County and City, to appoint not less than six, or more than eight, fit and proper
persons, (three of whom shall be a Quorum for the transaction of business), as a Board of
Trustees for each Grammar School in such County : Provided alwa3^s, that two persons
thus appointed, (to be determined by such Council,) shall retire from office annually,
(but may be re-appointed,) and their places, as also any occasional vacancy, shall be
filled up by such Council : Provided also, that the person appointed to fill such vacancy
shall hold office only for the unexpired part of the term for which the Person whose
place shall have become vacant, was appointed to serve : Provided likewise, that the
present Boards of Trustees of Grammar Schools shall continue in office until their suc-
cessors shall have been appointed, according to the provisions of this Act.
X. And be it enacted, That it shall be the duty of the Board of Trustees of each
County Grammar School, (the first meeting of whom may be called by any Member :)
First, To appoint annually, or oftener, a Chairman, Secretary and Treasurer, the
times and places of their meetings, the mode of calling and conducting such meetings,
and of keeping a full and correct account of their proceedings :
Secondly, — To take charge of each County Grammar School and the Buildings and
lands appertaining to it ; to appoint, or remove, the Master and other Teacher, or
Teachers, in such School : to fix their salaries and prescribe their duties ; to appoint
any other Officers, or Servants, in such School, as they may judge expedient, and fix
their remuneration ; to do whatever may be expedient, with regard to erecting, repair-
ing, warming, furnishing, or keeping in order, the Building, or Buildings, of such School
and its appendages, lands and enclosures, and to apply, (if necessary,) for the requisite
sum, or sums, to be raised by municipal authority for such purpose, or purposes :
Thirdly, — To cause, in their discretion, to be levied by Rate Bill upon the parents
and guardians of pupils attending such School, such additional sum, or sums, as they
shall judge expedient towards making up the salaries of Teachers, providing the proper
apparatus, text-books, and registers, and for any other necessary expenses of such
School, and they shall have the same authority, and proceed in the same manner as
Common School Trustees in the levying and collecting of Rate Bills for Common Schools :
Fourthly, — To employ any lawful means, which they may judge expedient, in con-
currence with the Board of Trustees of Common Schools In the Township, Village,
Town, or City, in which such County Grammar School may be situated, for uniting one,
or more, of the Common Schools of such Township, Village, Town, or Citj^ or depart-
ments of them, with such County Grammar School : Provided always, that no such
union shall take place without ample provision being made for giving instruction to the
pupils in the elementary English branches, by a duly qualified English Teacher, or
Teachers : Provided also, that, under such circumstances, such County Grammar School
may be regarded, as a County Model School also, and perform the functions of such
Model Schools, as far as the Trustees shall deem it advisable :
Fifthly, — To see that the pupils of such County Grammar School are supplied with
proper text-books ; that public half-yearly examinations of the pupils are held, and due
notice given of them ; and that such School is conducted in accordance with the Regula-
tions which shall be provided according to law : Provided always, that, the Master and
other Teachers of such School shall observe the same Regulations, in respect to teaching,
discipline, keeping Registers and Visitors' books, as are required by Law, of each
Teacher of a Common School :
^ixtldy, — To give the necessary orders upon the County Treasurer for the amount of
public money to which such School is entitled, and upon their own Treasurer for any
balance in his hands for the payment of the salaries of the Officers of such School, and of
any necessary expenses ; to prepare and transmit, before the Fifteenth day of January,
to the Chief Superintendent of Schools, an Annual Report, which shall contain a full
and accurate account of all matters appertaining to such School, in accordance with a
form of Report which shall be provided according to law.
Xl—And he it enacted. That each County Grammar School shall be distinguished
by prefixing to the terra " County," the name of the City, Town, or Village, within
the limits of which it may be situated.
Chap. I. EDUCATIONAL PROCEEDINGS OF THE LEGISLATURE OF CANADA. 23
XII — And whereas it is desirable at all Seminaries and places of Education to Masters of cer-
direct attention to natural phenomena, and to encourage habits of observation ; I^V' Grammar
And Whereas a better knowledge of the climate and meteorology of Canada will be Meteorological
serviceable to agricultural and other pursuits, and be of value to scientific enquirers : Journals.
Be it therefore enacted, That it shall be part of the duty of the Master of every
senior County Grammar School, to make the requisite observations for keeping, and
to keep, a Meteorological Journal, embracing such observations, and kept according to
such form as shall, from time to time, be directed by the Council of Public Instruction ;
and all such journals, or abstracts of them, shall be presented annually, by the Chief
Superintendent of Schools to the Governor General, with his Annual Report :
Every County Grammar School shall, on, or before, the last day of November, One Instruments to
Thousand Eight Hundred and Fifty, be provided at the expense of the County, with I^o^^'^ae^.
the following instruments :
One Barometer : One Thermometer, for the temperature of the air : One Ther-
mometer, for the temperature of evaporation : One Rain-guage and measure . and One
Wind vane.
And it shall be the duty of the Chief Superintendent of Schools, to procure these
instruments, at the request of the Municipal Council of any County, and to furnish the
Master of each senior County Grammar School with a Book for registering Observations,
and with forms for abstracts thereof, to be transmitted to the Chief Superintendent by
such Master, who shall certify that the Observations required have been made with due
care and regularity.
XIII — And be it enacted, That it may and shall be lawful for the Governor-in-Coun- School of Art
oil to appropriate out of the moneys referred to, in the first section of this Act, a sum *"^ Design for
not exceeding Five Hundred Pounds, (£500), in any one year, for establishing and main- ^PP^r^anaaa.
taining a School of Art and Design for Upper Canada, under the direction and control
of the Council of Public Instruction, which shall establish such School in connection
with the Normal School, or otherwise, as it shall judge expedient, and shall employ the
Professors, or Teachers, and make all regulations for the said School of Art and Design,
and shall manage all the affairs thereof, as is provided by law, for the superintendence
and management of the Normal School.
^IV—And he it enacted, That all former Laws and Statutes relating to Grammar Sj^^kd*^^
Schools, or Grammar School moneys in Upper Canada, so far as they are contrary to
provisions of this Act, shall be, and the same are hereby, repealed : Provided always,
that all appointments of Trustees, Masters, or Teachers, of Grammar Schools shall con-
tinue in force, as if made under the authority of this Act, until revoked, or changed,
according to the provisions of the same.
August 5th, 1850. An engrossed Bill to provide for the payment of the sum of money
therein mentioned, for the use of three additional Grammar Schools in the County of York for
the year 1849, was, according to Order, read the third time.
Resolved, That the Bill do pass, and the Title be : — " An Act to provide for the payment
of the sum of money therein mentioned, for the use and support of three additional Grammar
Schools in the County of York, Upper Canada, for the year One Thousand Eight Hundred and
Forty-nine," (1849.)
Ordered, That Mr. Solicitor General, John Sanfield Macdonald, do carry the Bill to the
Legislative Council and desire their concurrence.
The Order of the Day for the House in Committee on the Bill to incorporate the Elgin
Association for the Settlement and Moral Improvement of the Coloured population of Canada,
being read ; The House accordingly resolved itself into the said Committee. Mr. Read Burritt
took the chair of the Committee ; and after some time spent therein,
Mr. Speaker resumed the Chair ; and Mr, Burritt reported, that the Committee had gone
through the Bill, and directed him to report the same, without amendment.
Ordered, That the Bill be engrossed, and read the thixd time to-morrow.
August 6th, 1850. Mr. Edward Malloch, from the Committee of Supply reported several
Resolutions, which were read. Among them were the following;
Resolved that a sum of Five Hundred Pounds (£500, ) be granted to each of the following
Colleges :
1. Victoria College, Cobourg 2. Queen's College, Kingston 3. Regiopolis College, King-
ston 4. To Upper Canada College Toronto Eleven Hundred and Eleven Pounds, (£1,111).
5. For acquiring a Site and erecting a Building for the Upper Canada Normal School,
Fifteen Thousand Pounds, (£15,000.)
August 7th, 1850. An engrossed Bill to incorporate the Elgin Association for the Settle-
ment and Moral improvement of the Coloured population of Canada was, according to Order, read
the third time.
Resolved, That the Bill do pass.
24 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
Ordered, That the Honourable Malcolfti Cameron do carry the Bill to the Legislative Coun-
cil, and desire their concurrence.
The Order of the Day for the second reading of the engrossed Bill from the Legislative
Council intituled : ''An Act to authorize the removal of the Site of Victoria College from
Cobourg to Toronto," being read ; The Bill was accordingly read a second time.
Ordered, That the Bill be now read the third time, and the Rules of this House suspended
as regards the same. The Bill was accordingly read the third time.
Resolved, That the Bill do pass.
Ordered, That Mr. Joseph C. Morrison do carry back the Bill to the Legislative Council,
and acquaint their Honours, that this House hath passed the sjime, without any amendment.
A Message from the Legislative Council, by John Fennings Taylor, Esquire, one of the
Masters in Chancery, was read as follows : —
Mr. Speaker,
The Legislative Council have passed the following Bill, without amendment, videlicet : —
Bill, intituled: "An Act to provide for the payment of the sum of money therein men-
tioned, for the use and support of three additional Grammar Schools in the County of York, for
the year One Thousand Eight Hundred and Forty-nine, (1849)."
Legislative Council, 7th August, 1850. Ren^ E. Caron, Speaker.
August 8th, 1850. The Honourable James Harvey Price, one of Her Majesty's Executive
Council, laid before the House, by command of His Excellency the Governor General, the
Annual Report of the Normal, Model and Common Schools in Upper Canada, for the year 1849,
by the Chief Superintendent of Schools.
Ordered, That the said Report be printed for the use of the Members of this House ; and
that a suflBcient number of additional copies thereof be also printed, so as to furnish a copy ta
each Municipal Council, Local Superintendent, and Common School Corporation, in Upper
Canada.
August 9th, 1850. A Message from the Legislative Council, by John Flennings Taylor,
Esquire, one of the Masters in Chancery, was read as follows : —
Mr. Speaker,
The Legislative Council have passed the following Bill, without Amendment, videlicet : —
Bill intituled : " An Act to incorporate the Elgin Association for the Settlement and Moral
improvement of the Coloured population of Canada."
Legislative Council, 9th August, 1850. Reni5 E. Caron, Speaker.
ADDITIONS MADE TO THE SCHOOL ACT OF 1850 BY THE GOVERNMENT.
Apart from the changes in phraseology, as well as al terations made in certain
Sections of the Common School Act of 1850 by Members, during the passage of
the Bill through the House of Assembly, several additions were made to it by^
the Honourable Francis Hincks, (Inspector General) who had charge of the Bill
in the House, on behalf of the Government. These additions wrre as follows :
To Section Nineteen, providing for the regulation of Separate Schools t
Instead of the Section beginning with the words : ''■ it shall be lawful for the
" Municipality of any Township, if it shall judge expedient," etcetera, which, Mr.
Hinci s proposed to omit and to insert the following :
And he it enacted^ That it shall be the duty of the Council of any City, To w^n, or Incorporated
Village, or Township, on the application in writing of twelve, or more, resident heads of families
to authorize the establishment of one or more Separate Schools for Protestants, Roman
Catholics, or Coloured People ; and, in such case, it shall prescribe the limits of the division, or
Sections, for such Schools, and shall make the same provision for the holding of the first meet-
ing for the election of Trustees of each such Separate School, or Schools, as is provided in the
Fourth Section of this Act.
Provided, That none but Coloured People shall be allowed to vote for the election of
Trustees of the Separate Schools for their children, and none but the parties petitioning for the
establishment .)f a Separate Protestant, or Roman Catholic, School shall vote at the election of
Trustees of such School ;
Chap. I. EDUCATIONAL PROCEKDINGS OF THE LEGISLATURE OF CANADA.
25
I
Provided, also, That each Separate Protestant, Roman Catholic, or Coloured, School shall
be entitled to share the Sch )ol Fund according to the average attendance of pupils, a^ com-
pared with the whole number of pupils attending the Common Schools of such Town, Village,
or Township.
Provided also, that no Protestant Separate School shall be allowed except when the Teacher
of the Common School is f\ Roman Catholic, and no Separate Roman Catholic School shall be
allowed except when the Teacher of the Common School is a Protestant, etcetera.
Mr. William H. Boulton was rather surprised at this amendment as he understood the
Ministry intended to stand or fall by the Nineteenth Section . , .
The Honourable John Hillyard Cameron said that the amendment now proposed appeared
as the result of pressure from without. He could not believe that it was a spontaneous produc-
tion of the In>pector General.
The Reverend Doctor Ryerson's Explanation of the cause why this Amendment was
Proposed by the Inspector General.
In a Letter to the Honourable George Brown, published in 1859, the Reverend
Doctor Ryerson thus explained why this amendment was made by Mr. Hincks
to the original Nineteenth Section of the Common School Act of 1850. He said:
•
" In the original Draft of the Nineteenth Section of the School Act of 1850, I proposed to
place the authority for establishing Separate Schools upon the same footing as that on which it
had been placed in Cities and Towns by the Act of 1847 -namely, to leave it in the hands of
the Township Council, as it had been left in the hands of the City, or Town, Board of Trustees.
1 had heard of no instance of refusal on the part of a Town, pr City, Board of Trustees to grant
an application for a Separate School ; neither did I apprehend a refusal to any reasonable
request on the part of a Township Council, while it would render that, provision of the Act less
objectionable to those who did not approve of it. But the Authorities of the Roman Catholic
Church, having had their suspicions and fears excited by the unexpected and unnoticed omission
of the Separate Scl ool Sections from tbe Act of 1849, had representatives, both clerical and lay,
in attendance, to watch the nature and progress of the School B 11 of 1850, and they protested
against the provisions of the i9th Section as originally introduced. Several leaders of the high
Episcopalian party were also in attendance to get a clause providing for Chutch of England
Separate Schools introduced into the Bill. An au)endment to tl e 19th Section was concerted
and agreed upon by the clerical Roman Catholic and high Episcopalian parties, by which any
twelve members of either Church could demand a Separate School in any School Stction of Upper
Canada ; so that a Protestant and Roman Catholic Bishop, or other Clergyman, and eleven
others of either Church in Toronto could not only demand and establish a Separate School in
Toronto, but in every City, Town, Village, and School Section in Upper Canada — not requiring
the choice, or action, of the laity in any School Section out of Toronto for the establishment of a
Separate School. The leaders on both sides of this new combination were very active, and, in
the course of a few days, boasted that they would have a majority of fourteen, or twenty, votes
against the Government, on the 19th Section of the Bill. A copy of the amendment of the com-
binationists was procured for me, and I was informed of the probable defeat of the Government
on the question. I saw, at once, that the proposed amendment, if carried, would destroy the
School System, and in order to break up the combination and save the School System, I pro-
posed to amend the 19th Section of the Bill, so as to secure the right of establishing Separate
Schools to the applicants, as provided in the School Acts of 1843 and 1846, only substituting
twelve heads of families for ten freeholders, or householders. This was acceptable to the autho-
rities of the Roman Catholic Church, who said they did not wish to oppose the Government of
Messieurs Lafontaine and Baldwin, unless compelled to do so ; and they then advised all the
Roman Catholic Members of the House to vote for the Government Section of the Bill, as
amended. When the question came up in Committee of the whole House, the leader of the
high church combination, who was not aware of the counter movement, rose to move the famous
amendment which was to defeat, if not oust the Government ; but he was surprised to find that
not one of the Roman Catholic members rose to vote for it ; and only six, or eight, Episcopalians
stood up — ' few and far between ' — in its behalf, to the great amusement of the other Members
of the House.
" On Mr. Hincks moving to insert the Section, as amended, it was carried without a divi-
sion and it constitutes the Nineteenth Section of the School Act of 1850, as it no stands."
26 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
Objections to the Provision for Separate Schools for Coloured Children.
In the debate on the Nineteenth Section o£ the School Act of 1850, Colonel
John Prince, Member for the County of Essex said that
" He did not think that the Coloured People would thank the Government for putting
them in the power of the Municipalities.
*' They complained of it as an injustice, and infringement on their rights, and he was bound
to advocate their cause. Now, he happened to live in the County of Essex where these people
are very numerous, and where the strongest prejudices prevail against them— prejudices in
which, he thanked God, he never shared. For as long as they were good, loyal, honest, indus-
trious neighbours, and conducted themselves in conformity with the laws, they were entitled to
as much regard as any other people."
In reply to the Member for Essex, Mr. Hincks said :—
'*For the information the hon. Member who expressed great sympathy with the
Coloured population, and who spoke of this Nineteenth Section as an injustice lothem, he
would read a short extract from the Report of the Chief Superintendent ot Educ ation on the
subject, and he (Colonel Prince), would thne be able to judge of the operation and reasonable-
ness of the present System : —
" The Nineteenth Section of the School Act, — authorizing each District Council to establish
one or more Schools for the children of Coloured People,— is submitted with extreme pain and
regret. I had hoped that the Act of 1847, authorizing diflferent kind of Schools in Cities and
Incorporated Towns would, to a great extent, meet the case of this class of our fellow-subjects ;
but I was surprise^ to find, during my tour last Autumn to the Western District, (where there
is a large number of Coloured People,) that there was not a single Incorporated Town in that
District !
These people are taxed for the support of Common Schools, as are others ; yet thtir child-
dren are excluded from the Schools there. I have exerted all the power that I possessed, and
employed all the persuasion I could command ; but the prejudice and feelings of the people are
stronger than law.
In the Western District there happened to be nearly Two Hundred Pounds (£200,) balance
of School Moneys of previous years, in the hands of the District Superintendent ; and under
the authority of the Thirteenth Section, C lause Nine of the School Act, I requested the District
Superintendent to aid the Schools of the Coloured People according to the number of their popu-
lation,— so as to place them upon equal footing with their White neighbours. I have done the
same in other Districts, when appealed to. But this is only a contingent and imperfect mode
of doing justice to the Coloured People. I therefore propose the Nineteenth Section of the
annexed Draft of Bill to meet their case."
EDUCATIONAL PROCEEDINGS OF THE LEGISLATIVE COUNCIL, 1850.*
The Legislature met on the 14th of May, 1850. A Speech from the Throne
was delivered by Lord Elgin, Governor General, as mentioned on page one of this
Volume.
May 15th^ 1850. The Honourable J. ^milius Irving presented a Petition from the Muni-
cipal Council of the County of York, praying for certain amendments in the School Act.
May 16th, 1850. The Honourable Samuel Mills presented a Petition from the Municipal
Council of the United Counties of Wentworth and Halton, praying thxt the office of Chief
Superintendent of Education may be merged into one of the Government Departments. f
May 27th, 1850. The Honourable James Morris presented a Petition from the Right Rev-
erend Joseph E. Guigues, Roman Catholic Bishop of Bytown, praying that the College of
Bytown may be placed on the same footing in the institutions of a like nature in Upper Canada ;
also a Petition from the Very Reverend Angus Macdonald, President of Regiopolis College,
Kingston, praying that a sum of money may be annually granted towards the support of the
said College, and also that a further sum may be idvanced to complete the grounds and out-
buildings belonging thereto
A nuniber of Petitions were presented to the Legislative Council, during the Session of 1850, praying that the pro-
ceeds of the bale of the Clergy Re8er^•ed Lands be devoted to the purposes of General Education. As these Petitions were
Identical with those presented to the House of Assembly, and recorded in its Proceedings, in the former part of this
Chapter, it was not considered necessary to record them here,
t A copy of this Petition is printed on pag€ one of this Chapter.
Chap. I. EDUCATIONAL PROCEEDINGS OF THE LEGISLATURE OF CANADA. 27
The Honourable James Leslie, Provincial Secretary, acquainted the House that he had a
Message from His Excellency the Governor-General, under his Sign Manual, which His Excel-
lency had commanded him to deliver to the House and the same was read as follows : —
Elgin and Kincardine.
The Governor-General informs the Honourable the Legislative Council that the Bill passed
by the Legislative Council and the House of Assembly in the month of March, 1849, and
reserved for the signification of Her Majesty's pleasure, intituled : " An Act to raise an Income
of One Hundred Thousand Pounds, (£10). 000,) out of the Public Lands of Canada for Common
School Education " was specially confirmed and finally enacted by Her Majesty-in-Council on
the 4th of March, 1850.
Government House, Toronto, 27th May, 1850.
May 2Sth, 1850. The Honourable Hamnett Pinhey presented a Petition from Mr.^Charles
Sparrow and others, praying for pecuniary aid towards the support of the Roman Catholic Col-
lege of Bytown, equal to that iyranted to the like College in Kingston.
June Srcl, J850. The Honourable Adam Fergusson presented a Petition from Skeffington
Connor, Esquire, and others. Members of the Elgin Association for the Social and Moral Im-
provement of the Coloured population of Canada, praying for an Act of Incorporation for the
said Association.
The Honourable Samuel Mills presented a Petition from the Municipal Council of the
Township of Brantford, and others, praying that the Office of Chief Superintendent of Educa-
tion may be merged into one of the Departments of the Government. (See page one of this
Chapter.)
The Honourable Joseph Bourret presented to the House a Statement of the Affairs of the
College of Bytown, as follows : —
The Act incorporating the College of Bytown, 12 Victoria, Chapter 107, passed on the 30th
March, 1849,* defines, by its Sixth Section, That it shall be the duty of the Corporation to lay before
each Branch of the Legislature, annually, a Statement of the number of Members of the said Corpo-
ration ; the number of Teachers ; the various Branches of Instruction ; the number of Scholars ; the
Property held by the Corporation, and the Revenues arising therefrom.
At the Convocation, held on the 25th of April 1850, I was entrusted by the Corporation with the
duty of taking the necessary steps towards meeting the views of the Legislature. I, therefore, pro-
ceed to state the result of my enquiries : —
First. The Corporation is composed, at the present moment, of five Members [including the
Bishop of the Diocese] : —
Secondly. Five Professors give instruction in the divers Branches mentioned in the Prospectus,
published on the 15tli of September, 1848 : The Reverend Mr. Mignault teaches Latin and Mathe-
matics. Mr. Carbet, the Greek Language and English Literature. Mr. Arthur Mignault, Methode.
Mr. Collms, Mathematics, Drawing, and English. Mr. Triol, Elements.
Thirdly. This College has been in operation since the 26th September, 1848. About one hundred
scholars, thirty-five of whom are boarders, receive instruction in this Establishment, without refer-
ence to origin, or creed : about thirty scholars receive a gratuitous Education.
The College occupy, at the present moment a large Wooden House, three stories in height, con-
structed on the Church Property. A large piece of land, situate in a very fine position between both
Towns, has been given by Mr. Bissonet, for the use of the College. When the resources of the Cor-
poration shall permit, they will lose no time in fulfilling the intentions of the Donor, by building a
College thereon, sufficiently large for the wants of the population.
The Corporation hold also. Four Hundred Acres of Land in the Township of Gloucester, at a
distance of three leagues from Bytown — Lots Numbers I and 2 of the First Concession, on the River
Ottawa. This land is not yet cleared. At present very little revenue is derived from it. The only
revenue of the College is derived from the payments of the Boarders, and the monthly payments of
the other Scholars.
It is only by the sacrifices made by the Bishop, and the devotedness of the Professors that this
Institution has been supported up to this day.
Bytown, June, 1850. D. D'Aumaud, Cure of Bytown.
June 4thy 1850. The Honourable John Hamilton presented two Petitions from the Uni-
versity of Queen's College, at Kingston, praying that an adequate grant may be made for the
efficient Establishment and Maintenance of the said University :
And also, praying that the same amount of annual pecuniary aid may be given to Queen's
College School in the said Town, as is granted to the High Schools of Quebec and Montreal.
* This Act will be found on pages 185, 186 of the Eighth Volume of this Documentary History.
28 DOCUMENTARY HISTORY OF EDUCATION IN UPPEll CANADA. 1850
- - •
June 18th, 1850. The Honourable James Crooks presented a Petition from the Common
School Trustees of School Section Number Seven in the Township of Toronto, praying that
the Bill before Parliament, regulating Common Schools may not be passed into a Law in its
present form.
July 19th, 1850. Pursuant to the Order of the Day, the Pill, intituled : " An Act for the
Better Establishment and Maintenance of Common Schools in Upper Canada " was read a
second time.
July 24th, 1850. On this day His Excellency the Governor General assented to the Bill
for the Better Establishment and Maintenance of Common Schools. See page 17 of this
Chapter.
July 25th, 1850. The Honourable James Leslie presented a Petition from the Bo^nrd of
Trustees of Victoria College, at Cobourg, praying for the passing of, " An Act to authorize the
removal of the Site of the said College from the vicinity of the Town of Cobourg to the City
of Toronto.*
July 26th, 1850. The Honourable James Gordon, presented a Petition from the Honoura-
ble Chief Justice Robinson and others, Members of the United Church of England and
Ireland, in the Province of Canada, praying that they may be incorporated under the name
of Trinity College.
The Honourable James Leslie, presented to the House a Bill, intituled: "An Act to
authorize the removal of the Site of Victoria College from Cobourg to Toronto." The Bill was
read for the first time.
Ordered, That the said Bill be read a second time on the next Sitting of this House.
July 27th, 1850. A Message was brought from the Legislative Assembly by the Honoura-
ble Mr. Attorney General Baldwin and others, with a Bill intituled: "An Act to Remove certain
Doubts respecting the Intention of the Act of the last Session of the Parliament of this Pro-
vince for Amending the Charter of the University of Toronto, and to provide for the institution
and endowment of Regius and other Professorships, Lectureships, Scholarships, Exhibitions,
Prizes, and other Rewards in the said University, and for other purposes connected with the
said University, and with the College and Royal Grammar School of Upper Canada College,,
forming an Appendage thereof," to which they desire the concurrence of the House.
The Order of the Day being read for a Second Reading of the Bill intituled : " An Act to-
authorize the removal of Victoria College from Cobourg to Toronto, it was —
Ordered, That the same be postponed until Monday next the 29th instant.
Jidy 29th, 1850. Pursuant to the Order of the Day, the Bill, intituled : An Act to-
authorize the removal of the Site of Victoria College from Cobourg to Tor »nto " was read the
second time, and it was
Ordered, That the said Bill be engrossed and the same be read a third time tomorrow.
Pursuant to the Order of the Day, the Bill, intituled: " An Act to Remove certain Doubts
respecting the Intention of the Act of last Session of the Parliament of this Province for
amending the Charter of the University of Toronto, and to provide for the Institution and
Endowment of Regius and other Professorships, Lectureships, Fellowships, Scholarships, Ex-
hibitions, Prizes and other Rewards in the said University, and for other purposes connected
with the said University, and with the College and Royal Grammar School of Upper Canada
College, forming an Appendage thereof," was read a second time, and it was—
Ordered, That the said Bill be committed to a Committee of the Whole House, and it was —
Ordered, That the House be now put into Committee on the same. The House, according
to Order, was adjourned during pleasure, and put into Committee on the said Bill. After some
time the House was resumed, and the Honourable George S. Boulton reported from the said
Committee that they had gone through the said Bill, and had directed him to report the same
with certain Amendments, which he was ready to submit whenever the House would be pleased
to receive them. It was then —
Ordered, That the Report be now received, and the said Amendments were then read by
tke Clerk of the House as follows : —
Press 2, line 29 : Leave out from " contained" to Members in line 32, and insert "nine.''
Press 2, line S3 : Leave out from " business " to " and," in line 36.
The said Amendments being read a second time, and the question of concurrence put on
each, they were severally agreed to by the House. It was then
Ordered, That the said Amendments be engrossed, and the said Bill, (as amended,) be read
a third time to morrow.
* A copy of this Petition will be found on page 20 of this Chapter.
Chap I. EDUCATIONAL PROCEEDINGS OF THE LEGISLATURE OF CANADA. 29
July 39th, 1850. The Order of the Day being read, for a third reading of the Bill, inti-
tuled : " An Act to Remove certain Doubts respecting the Intention of the Act of the last
Session of the Parliament of this Province, for amending the Charter of the University of
Toronto, and to provide for the institution and endowment of Regius and other Professorships,
Lectureships, Fellowships, Scholarships, Exhibitions, Prizes and other Rewards in the said
University, and for other purposes connected with the said University, and with the College and
Royal Grammar School of TTpper Canada College, forming an Appendage thereof, (as amended,)
it was —
Ordered, That the same be discharged, and that the said Bill, be again committed to a Com-
mittee of the whole House. The House according to Order was adjourned during pleasure,and
again put into a Committee on the said Bill, After some time spent in Committee, the House
was resumed, and it was : the Honourable George J. Goodhue reported from the said Committee
that they had again gone through the Bill and had directed him to report the same, with a
further Amendment, which he was ready to submit whenever the House would be pleased to
receive it. It was then
Ordered, That the Report be now received, and said further Amendment was then read by
the Clerk as follows : —
Pr^ss 4i I'^ne 21, — After " purpose," insert Clause A, as follows : —
*^ And he it enacted, That nothing in the three next preceding Sections of this Act contained
shall affect, or be construed to affect, in any way the Twelfth Section of the said recited Act, but
that the provisions of the said three Sections shall to all intents and purposes whatsoever, be
subject to, and limited by the provisions of the said Twelfth Section, as if the same had been
inserted in this Act."
The same further Amendment being read a second time, and the question of concurrence
put thereon, the same was agreed to by the House. It was then —
Ordered, That the said further Amendment be Engrossed and the said Bill, (as amended,)
be read the third time to-morrow.
Jtthj 31st, 1850. The Order of the Day being read for the third reading of the Bill, inti-
tuled : " An Act to Remove certain Doubts respecting the Intention of the Act of the last
Session of the Parliament of this Province, for amending the Charter of the University of
Toronto, and to provide for the institution and endowment of Regius and other Professorships,
Lectureships, Scholarships, Exhibitions, Prizes and other Rewards in the said University, and
for other purposes connected with the said University, and with the College and Royal Grammar
School of Upper Canada College, forming an Appendage thereof, (as amended,) it was —
Ordered, that the same be postponed until to-morrow.
August 1st, 1850. Pursuant to the Order of the Day, the Bill, intituled: 'An Act to Remove
certain Doubts respecting the Intention of the Act of the laft Session of the Parliament of this
Province for amending the Charter of the University of Toronto, and to provide for the insti-
tution and endowment of Regius and other Professorships, Lectureships, Fellowships, Scholar-
ships, Exhibitions, Prizes, and other Rewards, in the said University, and for other purposes
connected with the said University, and with the College and Royal Grammar School of Upper
Canada College, forming an Appendage thereof, was (as amended) read a third time.
The question was put whether this Bill (as amended) shall pass ? It was resolved in the
affirmative. It was then —
Ordered, That one of the Masters in Chancery do go down to the Legislative As3embly,and
acquaint the House that the Legislative Council have passed this Bill with certain Amendments,
to which they desire their concurrence.
August 2nd, 1850. A Message was brought from the Legislative Assembly by the Honour-
able Mr. Attorney General Baldwin, and others, to return the Bill intituled : " An Act to
Remove certain Doubts respecting the Intention of the Act of last Session of the Parliament of
this Province for amending the Charter of the University of Toronto, and to provide for the
institution and endowments of Regius, and other Professorships Lectureships, Fellowships,
Scholarships, E}xhibitions, Prizes and other Rewards in the said University, and for other pur-
poses connected with the said University, and with the College and Royal Grammar School of
Upper Canada College, forming an Appendage thereof," and to acquaint this House that the
Legislative Assembly have agreed to the Amendments made by the Legislative Council to the
Bill, without any Amendment.
August 5th, 1850. A Message was brought from the Legislative Assembly by Mr. Solicitor-
General John S. Macdonald and others, with a Bill, intituled : "An Act to provide for the
payment of the sum of money therein mentioned, for the use and support of three additional
Grammar Schools in the County of York, Upper Canada, for the year One Thousand Eight
Hundred and Forty-nine (1849,) " to which they desire the concurrence of this House.
30 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1 850
The said Bill was read for the first time, and it was—
Ordered, That the said Bill be read the second time tomorrow.
August 6th, 1850. Pursuant to the Order of the Day, the Bill, intituled : " An Act to
provide for the payment of the sum of money therein menti-aied for the use and support of
three additional Grammar Schools, in the County of York, Upper Canada, for the year One
Thousand Eight Hundred and Forty nine, (1849,)" was read the second time, and it was—
Ordered, That the said Bill be read the third time tomorrow.
Auqust 7th, 1S50. Pursuant to the Order of the Day, the Bill, intituled : *' An Act to
provide'for the payment of the sum of money therein mentioned for the use and support of
three additional (irammar Schools, in the County of York, Upper Canada, for the year One
Thousand Eight Hundred and Forty-nine, (1849,)" was rtad the third time. The question was
put whether this Bill shall pass ? It was resolved in the affirmative.
A Message was brought from the Legisla^ve Assembly by the Honourable John Hillyard
Cameron and others with a Bill, intituled : " An Act to Incorporate the Elgin Association for
the Settlement and Moral Improvement of the Coloured Population of Canada," to which they
desire the concurrence of this House. The said Bill was read for the first time, and it was —
Ordered, that the said Bill be read the second time to-morrow.
August 8th, 1850, The Order of the Day being read for a second reading of the Rill, in-
tituled " \n Act to Incorporate the Elgin Association, for the Settlement and Moral Improve-
ment of the Coloured Population of Canada," it was moved that the said Bill be now read for
the second time. Which being objected to, the question of concurrence was put thereon, and
the same was resolved in the affirmative Whereupon the said Bill was read the stcond time,
and it was —
Ordered, that the said Bill be referred to a Select Committee of three Members, and it was
further —
Ordered, that the Committee be the Honourable Messieurs James Crooks, James Morris,
and John Ross, to meet and adjourn as they please.
The Honourable James Crooks, from the Select Committee, to whom was referred the Bill,
intituled : " An Act to Incorporate the Elgin Association, for the Settlement and Moral Im-
provement of the Coloured Population of Canada, reported that they had gone through the said
Bill, and had directed him to report the same to the House without any Amendment "
Ordered, that the forty-sixth Rule of this House be dispensed with, in so far as it relates to
the same Bill, and that the same be read a third time presently. The said Bill was then read a
third time accordingly. The question was put whether this Bill shall pass ? It was resolved
in the affirmative. It was then —
Ordered, That one of the Masters in Chancery do go down to the Legislative Assembly, and
acquaint that House, that the Legislative Council have passed this Bill without any Amendment.
August 10th, 1850. A Message was received from His Excellency the Governor General
stating that it was His Excellency's pleasure that the Members of the House of Assembly
should attend him in the Senate Chamber, who, being come with their Speaker, His Excellency
assented to the following, among other Bills, in Her Majesty's name, videlicet : —
1. An Act to Remove certain Doubts respecting the Intention of the Act of the last Session
of the Parliament of this Province for amending the Charter of the University of Toronto, and
to provide for the institution and endowment of Regius and other Professorships, Lectureships,
Fellowships, Scholarships, Exhibitions, Prizes and other Rewards in the said University, and
with the College and Royal Grammar School of Upper Canada College, forming an Appendage
thereof.
2. An Act to authorize the removal of the Site of Victoria College from Cobourg to
Toronto. ^
3. An Act to provide for the payment of the sum of money therein mentioned, for the use
and support of three additional Grammar Schools in the County of York, Upper Canada, for
the year one thousand eight hundred and forty-nine, (1849.)
4. An Act to incorporate the Elgin Association for the Settlement and Moral Improvement
of the Coloured Population of Canada.
In the closing Speech from the Throne, His Excellency made no reference to any educa-
tional matters. ''
Chap. II. EDUCATIONAL ACTS PASSED BY THE LEGrSLATURE OF CANADA, 1850. 31
CHAPTER II.
EDUCATIONAL ACTS PASSED BY THE LEGISLATURE OF THE PRO-
VINCE OF CANADA, 1850.
ANNO TERTIO DEOIMO, ET QUARTO-DECiMO : VICTORIA REGIN^ : CAPUT
XLVIII.
An Act for the Better Establishment and Maintenance of Common Schools in
Upper Canada, 1850.
Thk Earl of Elgin and Kincardinb, Govkrnou Genkkal of British North America.
Passed on the 24th of July, 1850.
(Note. Those parts of the original Bill on which the following Act is founded, which were
omitted, or modified, by the Legislature, are enclosed in square brackets ; the additions made
to the Bill are printed in italic ty^e.)
Whereas it is expedient to make provision for the Better Establishment and Preamble.
Maintenance of Common Schools iti the several Villages, Towns, Cities, Townships
and Counties of Upper Canada :
Be it therefore enacted, by the Queen's Most Excellent Majesty, by and with
the advice and c ^nsent of the Legislative Council and of the Legislative Assembly 1340,
of the Province of Canada, constituted and assembled by virtue of and under the
authority of an Act passed in the Parliament of the United Kingdom of Great
Britain and Ireland, and intituled. An Act to re-unite The Provinces of Upper and Two Acts re-
Lower CatLada, and for the Governraent of Canada. And it is hereby enacted by pealed.
the authority of the same, that the Act of the Parliament of this Province, 'passed in ''°^^®° '
the Seventh year of Her Majesty^s Reign {184-S), intitided : '* An Act for the Better 1843.
Establishment and. Maia'enance of Common Schools in Upper Canady.," and also the ^g^g
Act passed in The Twelfth Year of Her Majesty's Reign (1849), Chapter 83, and
intituled : " An Act for the Better Establishment and Maintenance of Public
Schools in Upper Canada, and for Repealing the present School Act," shall be, and
the same are hereby repealed :
Provided always, oieverthless, Firstly, that no Act or part of an Act repealed by
either 0/ the Acts hereby repealed, shall be revived by the passing of this Act : And
provided also. Secondly, that the repeal of the said Acts shall not extend, or be con-
strued to extend, to any act done, any penalty incurred, or any proceeding had finder
the said Acts, or either of them : And provided also. Thirdly, that all School Sections, ^n school divis-
or other School divisions, together with all elections and appointments to office, all ions, elections,
agreements, contracts, assessments, and Rate- Bills, made under the authority of "PP°^^^^"g^"^^'
the said Acts, or of any preceding Act, and not annulled by the said Acts, or by this confirmed.
Act, or by any of them, shall be valid and in full force and binding upon all parties
concerned, as if made under the authority of this Act, and shall so continue until
altered, modified, or superseded, according to the provisions of this Act : A^id
provided also. Fourthly, that nothing herein contained shall affect the liability of any
District, County, City, Town, or Township, Superintendent of Common Schools, to the
Municipal Corporation to which he wou^d otherwise be responsible for the same, for
any motleys received by him under either of the said Acts ; but the liabilities of every
such Superintendent for such moneys shall be and remain as if this Act had not been
passed : And provided also, Fifthly, that nothing in the said Act secondly above recited,
contained, shail extend, or be construed to extend, to have repealed any Act oj the
Parliament of this Province, whereby provision was made for the appropriation 0/
money from the Consolidated Bevenue fund of this Province, for or toivards the
Establishment and Maintenance of Common Schools in this Province, or in any part
thereof.
32
DOCUxMENTARY HISTORY OF EDUCATION IN UPPER CANADA.
1850
I. Election and Duties of Common School Trustees.
II. And b<i it enacted. That the annual meetings for the elections of School
Trustees, as hereinafter provided by this Act, shall be held in all the Villages,
Towns, Cities, and Townships of Upper Canada, on the second [Tuesday] Wednes-
day in Ja luary, in each year, commencing at the hour of Ten of the Clock in the
forenoon.
III. And he it enacted, That in all School divisions, (except in Cities, Towns,
and Incorporated Villages,) which have been established according to law, and
which have been called "School Sections," and in which there shall be three Trus-
tees in office at the time this Act shall come into force, one Trustee shall be elected
to office at each ensuing annual school meeting, in place of the one who shall have
been three years in office : Provided always, that the same individual, if willing,
may be re-elected : And provided also. That no School Trustee shall be re-elected,
except by his own consent, during the four years next after his going out of office.
IV. And be it enacted. That whenever any School Section shall be formed in
any Township, as provided in the Eighteenth Section of this Act. the Clerk of the
Township shall communicate to the person appointed to call the first school meet-
ing for the election of Trustees, the description and number of such School Section ;
and such person tshall, within twenty days thereafter, prepare a notice in writing,
describing such Section, and appointing a time and place for the first School Section
Meeting, and shall cause copies of such notice to be posted ni at least three public
places in such School Section, at least six days before the time of holding such
meeting.
V. A7id be it enacted, That at every such first School Section Meeting, the
majority of the [resident]freeholders, or householders, of such School Section present,
shall elect one of their own number to preside over the proceedings of such Meet-
ing, and shall also appoint a Secretary, whose duty it shall be to record all the pro-
ceedings of such meeting ; and the Chairman of such meeting shall decide all
questions of order, subject to an appeal to the meeting, and shall give the casting
vote in case of an equality of votes, and [no other] and shall have no vote except as
Chairman, and shall take the votes in such manner as shall be desired by the
majority of the electors present, and shall, at the request of any two electors, grant
a poll for recording the names of the voters by the Secretary : and it shall be the
duty of the electors present at such meeting, or a majority of them, to elect from
the freeholders, or householders, [resident] in such Section, three Trustees, who shall
respectively continue in office as follows : — the last person elected shall continue in
office until the next ensuing annual school meeting in such Section, and until his
successor is elected ; the second person elected, one year, and the first person
elected, two years, from such next ensuing annual school meeting, and until their
successors are elected respectively; Provided always, that a correct copy of the
proceedings of such first School Section Meeting, and of every annual school section
meeting, signed by the Chairman and Secretary, shall be forthwith transmitted by
the Secretary to the Local Superintendent of Schools.
VI. And be it enacted. That at every annual School Section Meeting in any
Township, as authorized and required to be held by the Second Section of this Act,
it shall be the duty of the [resident] freeholders, or householders, cf such section,
present at such a meeting, or a majority of them, —
Firstly. To elect a Chairman and Secretary, who shall perform the duties
required of the Chairman and Secretary, by the Fifth Section of this Act.
Secondly. To receive and decide upon the report of the Trustees, as author-
ized and provided for by the Eighteenth clause of the Twelfth Section of this Act.
Thirdly. To elect one, or more, persons as Trustee, or Trustees, to fill up the
vacancy, or vacancies, in the Trustee Corporation, accordin? to law: Provided
always, that no Teacher in such Section shall hold the office of School Trustee.
Fourthly. To decide upon the manner in which the ealary of the Teacher, or
Teachers, and all the expenses connected with the operations of the School, or
Schools . shall be provided for.
VII. Ard be it enacted. That if any person offering to vote at an annual, or
other, School Section Meeting, shall be challenged as unqualified by any legal voter
in such section, the Chairman presiding at such meeting shall require the person
so offering, to make the following declaration :— '* I do declare and affirm that I
am a [resident] freeholder, or householder in this School Section, and that I am
legally qualified to vote at this meeting." And every person making such declara-
tion, shall be permitted to vote on all questions proposed at such meeting ; but if
any person shall refuse to make such declaration, his vote shall be rejected :
Annual School
nieetinj^s to be
held throu<?hout
U. C, on the
second Wednes-
day in January,
at 10 o'clock,
a.m.
One Trustee in
each School
Section to be
elected at each
annual School
meeting.
Proviso : Same
individual may
be re-elected,'
but not without
his consent for
four years.
Mode of calling
the first
School meeting
in a new School
section.
Mode of pro-
ceeding at the
first meeting
in a new School
section.
Election of
chairman and
Secretary,
Duty of the
Secretarv.
Duty of the
Chairman.
A poll to be
granted at the
request of any
two electors.
Three Trustees
to be elected.
Order of retiring
from office.
Proviso : Copy
of proceedings
to be transmit-
ted to the local
Superintendent
of Schools.
Proceedings and
duties of annual
School section
meetings.
Election and
duties of Chair-
man and
Secretary.'
To receive and
decide upon the
annual financial
report of the
Trustees.
To elect one or
more Trustees.
To decide upon
the manner of
providing for
the expenses of
the School.
Mode of chal-
lenging voters
at school meet-
ings.
Declaration
requiretl.
I
Chap. II. EDUCATIONAL ACTS PASSED BY THE LEGISLATURE OF CANADA. 33
Provided always, that every person who shall wilfully make a false declaration Proviso : Penalty
of his right to vote, shall be deemed guilty of a misdemeanor, and punishable by faLrded^ation
tine, or imprisonment, at the discretion of [the] any Court of Quarter iiessions, or by and for voting
a penalty of not less than One pound five shillings, or more than Two pounds, ten illegally,
shillings, to be sued for and recovered, with costs, by the Trustees of the School w^guch penafty
Section, for its use, before any Justice of the Peace, having jurisdiction within such and itsapplica-
School Section. tion.
VIII. And be it enacted, That if any person chosen as Trustee, shall refuse
to serve, he shall forfeit the sum of One pound, five shillings ; and every person so
chosen and not having refused to accept, who shall at any time refuse, or neglect, to Penalty for re-
parform the duties of his office, shall forfeit the sum of Five pounds^ which sum, or school^Truste^^*
sums, may be sued for and recovered by the Trustees of the School Section, for its
use, before any such Justice of the Peace : Provided always, that any person and^^^^^dT^^
chosen as Trustee may resign with the consent of his colleagues in oflSce and of the of resigning the
Local Superintendent, expressed in writing. office of Trustee.
IX. And be it enacted. That in case no annual, or other, School Section meeting
be held for want of proper notice, the Trustees and other person whose duty it was
to give such notice, shall respectively and individually forfeit the sum of One pound Penalty for not
five shillings, to be sued for and recovered for the purposes of such School Section, notice o" annnal
on the complaint of any resident in such Section, before any such Justice of the school meeting.
Peace : Provided always, that in the default of the holding of any School Section Mode of reccver-
Meeting, as hereinbefore authorized by this Act, for want of proper notice, then ing and applying
any two [resident] freeholders, or householders, in such Section, are hereby author- ^^^ ^^"* ^"
ized, within twenty days after the time at which such meeting should have been ^^hool meeting
held, to call such meeting by giving six days' notice, to be posted in at least three in default of the
public places m such School Section ; and the meeting thus called shall possess all ^"""^al meeting
the power, and perform all the duties of the meeting, in the place of which it shall ^ , ^"^ ^^
1 1 11 -I OT r Duties and
have been called. powers of such
X. And be it enacted, That the Trustees in each School Section shall be a "leetmg.
Corporation, under the name of " The Trustees of School Section Number — , in
the Township of , in the County of ; " Provided always, that no such Trustees to be a
Corporation of any School Section shall cease by reason of the want of Trustees, ^o'"PO''^t;ion.
but in case of such want, any two [resident] freeholders, or householders, of such
Section shall have authority, by giving six days' notice, to be posted in at least cor^orati^n^^ t
three public places in such Section, to call a meeting of the [resident] freeholders, to cease for want
or householders, who shall proceed to elect three Trustees, in the manner pre- of Trustees.
scribed in the Fifth Section of this Act, and the Trustees thus elected shall hold and
retire from office in the manner prescribed for Trustees elected under the authority Mode of electing
of the said Fifth Section of this Act. "^ J™"^^^'' "
necessary.
XI. And be it enacted. That in any case of diflference as to the Site of a School-
house between the majority of Trustees of a School Section and a majority of the
[resident] freeholders, or householders, at a special Meeting called for that purpose, ^°^® ^^ deciding
each party shall choose one person as arbitrator, and the two arbitrators thus school-house. *
chosen, and the Local Superintendent, or any person appointed by him to act on
his behalf, in case of his inability to attend, or a majority of them, shall finally
decide on the matter.
XI r. And be it enacted. That it shall be the duty of the Trustees of each
School Section :
Firstly. To appoint one by themselves, or some other person, to be Secretary- j^^^ies of
treasurer to the Corporation ; and it shall be the duty of such Secretary -treasurer "^"^ ^^^'
to give such security for the correct and safe keeping and forthcoming, (when called To appoint a
for), of the papers and moneys belonging to the Corporation, as may be required by ^reTsurer • his
a majority of the Trustees ; to keep a record of all their proceedings, in a book duties.
procured for that purpose ; to receive and account for all school moneys collected
by Rate-Bill, [or] subscription, or otherwise, from the inhabitants of such School
Section ; to disburse such moneys in such manner as may be directed by the
majority of the Trustees.
Secondly. To appoint, if they shall think it expedient, a Collector, (who may collector': his
also be Secretary-treasurer), to collect the rates they have imposed, or shall duties,
impose upon the inhabitants of their School Section, or which the said inhabitants Hisremunera-
may have subscribed ; and to pay to such Collector, at the rate of not less than tion.
five, or more than ten, per cent., on the moneys collected by him for his trouble in q u <. ^f ^^^
collecting ; and every Collector shall give such security as may be satisfactory to security.
the Trustees, and shall have the same powers, by virtue of a Warrant, signed by a collector's
majority of the Trustees, in collecting the school-rate, or subscription, and shall powers.
3 D.E.
34 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
proceed in the same manner as ordinary Collectors of County and Township rates,
or assessments.
Thirdly. To take possession and have the custody and safe keeping of all
?he po8s'essi?r'' Common School property, which may have been acquired, or given, for Common
and safe keeping School purposes in such Section, and to acquire and hold as a Corporation, by any
of all the Com- ^-^.j^ whatsoever, any land, moveable property, moneys, or income for Common
™erty in thef/''" School purposes, until the power hereby given shall be taken away, or modified,
section. according to law, and to apply the same according to the terms of acquiring, or
receiving them.
Fourthly. To do whatever they may judge expedient with regard to the
Providing school building, repairing, renting, warming, furnishing and keeping in order the Section
premises. ^chool House, and its appendages, wood-house, privies, enclosures, lands, and move-
able property, which shall be held by them, and for procuring Apparatus and Text-
School apparatus books for their School ; also to rent, repair, furnish, warm, and keep in order a
and books. School House and its appendages, if there be no suitable School House belonging to
such section, or if a second school-house be required.
Fifthly. To contract with and employ all Teachers for such School Section,
To employ ^nd to determine the amount of their salaries ; and to establish, if they shall deem
Teachers. .^ expedient, by and with the consent of the local Superintendent of Schools, both
a female and male School in such Section, each of which shall be subject to the
SnTl^schooL same regulations and obligations as Common Schools generally.
Sixthly. To give the Teacher, or Teachers, employed by them, the necessary
T^here'for'^^^ order, or orders, upon the Local Superintendent for the School Fund apportioned
school moneys, and payable to their School Section : Provided always, that the Trustees of any
^uaiified*"^ ^^^ School Section shall not give such order in behalf of any Teacher who does not, at
Teachers. the time of giving such order, hold a legal Certificate of Qualification.
Seventhly. To provide for the salaries of Teachers and all other expenses of
the^sTiaries^of ^^e School, in Such manner as may be desired by a majority of the freeholders, or
Teachers and the householders, of such Section, at the annual School Meeting, or a special Meeting
^penses^onhe called for that purpose, and to employ all lawful means, as provided for by this
manner desired Act, to collect the sum or sums required for such salaries and other expenses ; and
by a majority of should the sums thus provided be insufficient to defray all the expenses of such
it^a^spedal^^"^' School, the Trustees shall have authority to assess and cause to be collected any
meeting. additional rate, in order to pay the balance of the Teacher's salary, and other
How to provide expenses of such School.
To make out a Eigthly. To make out a list of the names of all persons rated by them for the
rate bill list and School purposes of such Section, and the amount payable by each, and to annex to
warrant for the gQch list a Warrant, directed to the Collector of the School Section, for the collection
Provi^oTsuch of the several sums mentioned in such list : Provided always, that any school-rate
rate-bill to be imposed by Trustees, according to this Act, may be made payable monthly, quar-
FyTquirtTriy!^' *®^^y' half-yearly, or yearly, as they may think expedient.
half-yearly, or Ninthly. To apply to the municipality of the Township, or employ their own
T^"^i th ^^^^^^'^ authority, as they may juige expedient, for the raising and collecting of all
Townrhfp Coun- sums authorized in the manner hereinbefore provided, to be collected from the
oil at their [land] /reeholders and householders of such Section, by rate, according to the
th^rai8?ng^of valuation of taxable property, as expressed in the Assessor, or Collector's, Roll ; and
school moneys, the Toionship Clerk, or other Officer having possession of such roll, [who], is hereby
Sii^feS'^ required to allow any one of the Trustees, or their authorized Collector, to make a
otfSr officerTn copy of such roll, as far as it shall relate to their School Section,
certain cases. Tenthly. To exempt wholly or in part, from payment of school rates, such
eenrSons" indigent persons as they shall think proper, and the amount of the same shall be a
Teacher's salary ^^^^S® "P^n the other rateable inhabitants of the School Section, and shall not be
not to be deducted from the salary of a Teacher.
TosuTdefau^tew Eleventhly. To sue for and recover by their name of office, the amounts of the
resfdhig out of school rates, or subscriptions, due from persons residing without the limits of their
the school sec- School Section, and making default of payment.
To notify and fix Ticelfthly. To appoint the place of each annual School Meeting, and to cause
the place of the notices to be posted in at least three public places of such Section, at least six days
meethlr^''"^ before the time of holding such Meeting ; to call and give like notice of any special
To call special "^^^t^'^g ^^ *he [resident] freeholders, or householders, of such Section, for the filling
meetings. "P o^ any vacancy in the Trustee Corporation, occasioned by death, removal,
Mode of conduct- o^ any other cause whatever, or for the selection of a new school Site, or for any
ing special meet- other school purpose, as they may think proper; to specify the object, or objects, of
Copy of the pro- ^^^^ Meeting ; which Meeting shall be organized, and its proceedings recorded in
ceedingstobe the same manner, as those of an annual School Meeting ; and a copy of them, in
Chap. II. EDUCATIONAL ACTS PASSED BY THE LEGISLATURE OF CANADA. 35
like m inner, shall be transmitted to the Local Superintendent : Provided always, sent to the local
that, in case of a vacancy in the office of any of the Trustees, during the period for o"schools." ^"
which they shall have been respectively elected, the person, or persons, chosen to Continuance in
fill such vacancy, shall hold office only for the unexpired term. elected* to^filf"*
Thirteenthly. To permit all residents in such Section between the ages of five ^*^*"^'f^-
and twenty one years of age, to attend the School, so lo^g as their conduct shall be f^^^ Tui^ii^^^^
agreeable to the rules of such School, and so long as the fees, or rates, required to be years of age to
paid on their behalf, are duly discharged : Provided always, that this requirement schoo? olf cer-
shall not extend to the children of persons in whose behalf a Separate School shall tain conditions.
have been established, according to the Nineteenth Section of this Act. Exception in
Fourteenthly. To visit the School from time to time, and see that it is con- j,^ yj^.^. ^j^^ '
ducted according to the Regulations authorized by law. school.
Fifteenthly To see that no authorized books are used in the School, but that To prohibit im-
the pupils are duly supplied with a uniform series of Text books, sanctioned and vf^g woper ^^^'
recommended according to law ; and to procure, annually^ for the benefit 0/ </ieir books for the
School Section, some periodical devoted to Education. school.
Sixteenthly. To be personally responsible for the fulfilment of any contract, '^^ ^^ personally
or agreement, made by them, unless they can prove that they have exerted all the the'case ofVefus-
corporate powers vested in them by this Act] exercise all the corporate powers vested ing or nee-lecting
in them by this Act for the fulfillment of any contract, or agreement, made by them ; poSe'^powerT"
and, in case any of tlie Trustees shall wilf idly neglect, or refuse, to exercise such powers, for the fulfilment
he, or they, shall be personally responsible for the fulfillment of such contract, or agree- °^ contracts.
ment.
Seventeenthly . To appoint a Librarian, and to take such steps as they may To appoint a
judge expedient, and as may be authorized according to law, for the establishment, pj-ovtde^for^he
safe keeping, and proper management of a School Library, whenever provision shall establishment
have been made and carried into efi'ect for the establishment of School Libraries. ^"J^ support of a
school library.
Eighteenthly. To ascertain the n amber of children between the ages of five and To ascertain the
sixteen years residing in their Section [during the Month of] on the thirty-Hrst day of Jl""!!^®!^-,^^ ^^^^'f
December in each year ; and to cause to be prepared and read at the annual Meeting school age!^^" °
of their Section, their annual School Report for the year then terminating, which j,^ j.ead the
report shall include, among other things prescribed by law, a full and detailed school report at
account of the receipts and expenditures of all school moneys received and expended gcho^o" meetine
in behalf of such Section, for any purpose whatsoever, during such year ; and if
such account shall not be satisfactory to a majority of the freeholders, or house- .
holders, present at such Meeting, then a majority of the sa.id freeholders, or house- case^the ■financial
holders, shall appoint one person and the Truste'^s shall appoint another ; and the account is not
two arbitrators thus appointed shall examine the said account, and their decision Jhe nfafSj^of
respecting it shall hd final : or if the two arbitrators thus appointed shall not be the meeting.
able to agree, they shall select a third, and the decision of the majority of the
arbitrators so chosen shall be final ; and such arbitrators, or a majority of them,
shall have authority to collect, or cause to be collected, whatever sum, or sums,
may be awarded against any person or persons by them, in the same manner and
under the same regulations as those according to which Trustees are authorized by
the Twelfth Section of this Act to collect school rates ; and the sum, or sums, thus
collected shall be expended in the same manner as are other moneys for the Com-
mon School purposes of such Section.
Nineteeyithly. To prepare and transmit, or cause to be prepared and trans- Jj.aJ*snSrhe?(?re
mitted annually, before the fifteenth day of January, a report to the Local Superin- the i5th Janu-
tendent ; which report shall be signed by the majority of the Trustees, and made ary, the annual
according to a form provided by the Chief Superintendent of Education and shall theliocaf Superb
snecifv : intendent of
^ ^ Schools.
1st. —The whole time the School in their Section shall have been kept by a
qualified Teacher during the year ending the thirty first day of the previous Decem-
Ijqj.^ Contents of such
2ndly. The amount of moneys received from the school fund, from local Time of keeping
rates, or contributions, and from other sources, distinguishing the same ; and the the school open,
manner in which all such moneys have been expended.
3rdly. The whole number of children residing in the School Section, over the 4™nS"s^eceiv.
age of five years, and under the age of sixteen ; the number of children and young ed, and from
persons taught in the School in winter and summer, distinguishing the sexes, and what^sourc^s,
those who are over and under sixteen years of age ; the average attendance of pgnded!^ ^^
pupils in both winter and summer.
36 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
Number of resi- 4thly.— The branches of education taught in the School ; the number of pupil^
dentjhiidren of ^^ ^^^^ branch ; the Text- books used ; the number of public school examinations*
8c oo a^e. lectures and visits, and by whom, and such other information respecting the school
Attendance of premises, and Library, as may be required in the form of a report provided by the
Indmnlmer'"' Chief Superintendent of Education.
Average attend-
XIII. And be it enacted, That every Trustee of a Common School who ehall
JSh winter knowingly sign a false report, and every Teacher of a Common School who shall
and summer. jjgep a false School register, or make a false return, with the view of obtaining a
Branches larger sum than the just proportion of school moneys coming to such Common
taught, text- School, shall, for each oflfence, forfeit to the Common School Fund of the Town-
books "^^^'^.^^ ship, the sum of Five pounds, and may be prosecuted before any such Justice of the
tions.ViSs""* Peace, by any person whatever, and convicted on the oath of any one credible
lectures. witness other than the prosecutor, and if convicted, the said penalty shall, if not
Penary of sign- forthwith paid, be levied with costs, by distress and sale of the goods and chattels
ing a false report of the offender, under Warrant of such Justice, and paid over by him to the said
by a Tiustee ; or Common School Fund, or the said offender shall be liable to be tried and punished
of keepmg a false , ., . ,
register and for the misdemeanor.
ti*nl"byt^^ '■^" XIV. And he it enacted, That no foreign books in the English branches of
Teacher. education shall be used in any Model, or Common, School, without the express per-
Fri n books to ™^''^^*^" ^^ *^® Council of Public Instruction; nor shall any pupil in any such
be'usedonly in^ School be required to read, or study, in or from any Religious book, or join in any
certain cases. exercise of devotion, or Religion, which shall^be objected to by his, or her, parents, or
Parental and guardians ; Provided always, that, within this limitation, pupih shall be allowed
religious rights to receive such Religious instruction as their parents and guardians shall desire,
protected. according to the General Regulations which shall be provided for according to law.
II. Common School Teachers, and their Duties.
A qualified XV. And be it enacted. That no Teacher shall be deemed a qualified Teacher
teacher defined, within the meaning of this Act, who shall not, at the time of his engaging with the
Trustees, and applying for payment from the School Fund, hold a Certificate of
Qualification, as hereinafter provided by this Act ;
Proviso : Provided always that Certificates of Qualification given by Local Superintendents,
shall not be in force until the first day of January, one thousand eight hundred and
fifty one.
Duties of XVI. And be it enacted, That it shall be the duty of every Teacher of a
Teachers. Common School,—
To act according Firstly. To teach diligently and faithfully all the branches required to be
menr*"^*^'^^^ taught in the School, according to the terms of his engagement with the Trustees,
and according to the provisions of this Act.
To keep regis- Sezondly. To keep the Daily, Weekly, and Monthly, or Quarterly, Registers of
To^aintain ^^^ School ; to maintain proper order and discipline therein, according to the Forms
discipline. and Regulations which shall be provided according to law ; also to keep a Visitors'
Vi8i^?8 Book. ^<^<^k» (which the Trustees shall cause to be provided for that purpose,) and he
shall enter therein the visits made to his School, and shall present such Book to
each Visitor, and request him to make such remarks as may have been suggested
by such visit.
f/e^Sli^inSns." Thirdly. To have, at the end of each Quarter, a Public Examination of his
' School, of which he shall give dua notice, through the pupils, to their parents and
guardians, and the Trustees of the School, and of which he shall also give due
notice to any School Visitors who shall reside in, or adjacent to, such School Section.
Son^to this Fourthly. To furnish to the Local School Superintendent, or to the Chief
or Chief Superin- Superintendent of Education, when desired, any information which it may be in his
tendent. power to give respecting anything connected with the operations of his School, or in
anywise affecting its interests, or character.
Fifthly. To keep carefully, and, at the time of his leaving a School, to deliver
up, to the order of the Trustees, the Registers and Visitors' Book, appertaining to
Provwo. the School : Provided always, that he shall, at all times, when desired by them,
give Trustees, or Visitors, access to such Registers and Visitors' Book.
Protection of XVII. And he it enacted. That [no] any Teacher shall be [dismissed from a
of^SsJlTi "^^ School] entitled to he paid at the same rate mentioned in his agreement ivith the Trus-
tess, even at the expiration of the period of his agreement [but shall have a right, if
he think proper, to continue to teach according to the terms of his agreement], until
the Trustees shall have paid him the whole of his salary, as Teacher of the School,
according to their engagement with him : Provided always, that, in case of any
difference between Trustees and a Teacher, in regard to [financial matters, each
To deliver
papers.
Chap. 11. EDUCATIONAL ACTS PASSED BY THE LEGISLATURE OF CA^ADA 37
party shall choose an arbitrator, and the decision of the two arbitrators, thus chosen,
and the Local Superintendent, (or any person selected by him to act on his behalf, mq^c of settling
in case of his inability to attend,) or a majority of them shall be final,! ^o his salary, any diflferencein
the sum due to him, or any other matter in dispute between them, it shall he lawful to between Trus-^"^^
submit such matter in dispute to arbitration ; and each party shall choose one Arbitrator, tees and Teach-
and, in case either party, in the first instance, shall neglect, or refuse, to name and ^'■s-
appoint an Arbitrator on his behalf, it shall be lawful for the party requiring such
arbitration, by a notice in writing to be served upon the party so neglecting, or
refusing to make such appointment, to require the opposite party, within three days,
inclusive of the day of the service of such yiotice, to tiame and appoint an Arbitrator
on his behalf, which notice shall name the Arbitrator of the party serving such
notice ; and. in case the party upon whom such notice is served shall not, within the
three days mentioned in such notice, name and appoint such Arbitratoi^ then the party
requiring such arbitration shall and may nominate and appoint the second arbitrator,
and the two Arbitrators, in either way chosen, and the Local Superintendent, or any
person chosen by him to act on his behalf, in case he cannot attend, or any two of them,
shall have full authority to make an award between them,, and such award shall be
Jinnl : Provided always, that, so often as any such submission shall fall through, it Final award
shall be lawful to re-submit the matters in dispute until a final award shall be made required,
between them.
III. Powers and Duties of the Township Councils.
XVIII. And be it enacted. That it shall be the duty of the Municipality of each Duties of Town-
Township in Upper Canada : '""'^ ^°""^^i^-
Firstly. To levy such sum, by assessment, upon the taxable property in any '^^ ^^^ assess-
School Section, for the purchase of a School- Site, the erection, repairs, renting aud mon school pur-
furnishing of a School House, the purchase of Apparatus and Text-Books for the poses, as desired
School, Books for the Library, salary of the Teacher, as shall be desired by the ^^ trustees.
Trustees of such School Section, on behalf of the majority of the [resident] /r^e-
holders. or householders, at a public Meeting called for such purpose, or purposes,
as provided for by the Twelfth Section of this Act :
Provided always, that such Municipality may, if it shall judge expedient, grant To authorize a
to the Trustees of any School Section, on their application, authority to borrow gretion*^ for the
any sum, or sums, of moneys which may be necessary for the purposes herein purchase and
mentioned, in respect to School Sites, School Houses, and their appendages, or for ^'■?^^^['" ?,^.
the purchase, or erection, of a Teacher's Residence, and cause to be levied upon ^^ ^° "^ ^"^^"
the taxable property in such School Section, such sum in each year as shall be
necessary for the payment of the interest thereon, and as shall be sufiicient to pay
oflF the principal within ten years.
Secondly. To levy, at its discretion, such sum, or sums, as it shall judge "^^ ^^* v'^^Mod
expedient for procuring the Site and for the erection and support of a Township sJS, S its
Model School, and for purchasing Books for a Township Library, under such Regu- discretion,
lations as shall be provided according to law :
Provided always, that the Members of the Township Municipality shall be the To^^^sh? °Coun-
Trustees of such Model School, and shall possess the powers of Common School ciis to be Trus-
Trustees in respect to all matters affecting such Model School ; Provided also, that tees of such
the Trustees of any one, or more, Common Schools shall have authority, at their oneormore '
discretion, and with the consent of such Council, to merge their School, or CommonSchools
Schools, into such Model School ; and provided likewise, that tuition to student- ^^^ ^^ j^^, ^ ^^^
teachers in such Model School shall be free. Model School.
Thirdly. To form portions of the Township, where no Schools have been To form new
established, into School Sections ; to appoint a person in each new School Section ^^ "^ ^^ ^^^^'
to call the first School Section Meeting ; and to cause such person to be notified in
the manner prescribed in the Fourth Section of this Act.
Fourthly. To alter any School Section already established, and to unite two, To alter and
or more. School Sections into one, at the request of the majority of the [resident] sections under
freeholders, or householders, in each of such Sections, expressed at a public Meeting certain condi-
called by the Trustees for that purpose : *^^"^-
Provided always, (1,) That the first election of Trustees in such Section, con- First meeting
sisting of two, or more. Sections united, shall be appointed and held in the same S TrtTst^eesTnan
manner as is provided for in the Fourth Section of this Act in respect to a new united section.
School Section : Provided —
(2,) Secondly, that any alteration in the boundaries of a School Section shall ^hooi*sectlons
not go into effect before the [first of January next] twenty fifth day of December not to go into
38 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
effect before the next after the time when it shall have been made ; nor shall any step be taken
after afteration. towards the alteration of the boundaries of any School Section, nor any application
All parties con- be entertained for that purpose, unless it shall clearly appear that all parties
'irke^d oMntend" affected by such alteration have been duly notified of such intended step, or appli-
ed alterations in cation : Provided —
PrSegefof"*' (•^) Thirdly, that the several parts of such united, or altered, School Section*
altered sections shall have the same claim to a share of the Common School Fund, to which they
secured. would have been entitled, had they not been altered, or united : and provided —
Disposal and ap- (4^) Fourthly^ that any School Site, or School House, or any other school
pe^^'o? aiterS property, which shall not be required, in consequence of such alterations, or union
school sections, of School Sections, shall be disposed of, by sale, or otherwise, in such a manner as a
majority of the [resident] freeholders, or householders, in the altered, or united.
School Sections shall think proper, at a public Meeting called for that purpose, and
the proceeds shall be applied to the erection of a new School- house, or other Com-
mon School purposes of such united or altered Sections; except that the inhabitants-
transferred from one School Section to another, shall be entitled, for the Common
School purposes of the Section to which they are attached, to such a proportion of
the proceeds of the disposal of such School House, or other Common School pro-
perty, as the assessed value of their property bears to that of the other inhabitants
of the School Section from which they shall have been separated : Provided —
JSuonsTfonned (^') ^ift^h^ ^^^^ Union School Sections, consisting of parts of two, or more,
and altered by Townships, may be formed and altered, (under the condition? prescribed in this
Townreeves and clause in respect to alterations of other School Sections,) by the Reeves and Local
tendente!*^"" Superintt ndent, or Superintendents, of the Townships out of parts of which such
Sections are proposed to be formed, at a Meeting appointed for that^ purpose by any
two of such Town Reeves ; of which Meeting the other party, or parties, authorized
to act with them shall be duly notified ; Provided —
(6, ) ^xthly, that each Union School Section composed of portions of adjoining Towiir
ships, shall, for all purposes of Trustee elections and control, he deemed one School Section,
and shall he considered, in respect to superintendence and taxing tor the erection of a School
House as helonging to the Township in which the School House may be situated.
certain**proceed- Fifthly. To cause the Clei k of such Township, to furnish the Local Superin-
ings to be tendent of Schools with a copy of all the proceedings of such Council relating to
furnished. ^j^e formation, or alteration, of School Sections, all School Assessments and other
educational matters.
May establish XIX. And he it enacted. That it shall be [lawful for the Municipality of any
for P^Totestents^^ '^^^^^^^P» ^^ ^^ j^^g® expedient] t/ie duty of the Municipal Council of any Town-
Roman Catholics ship, and of the Board of School Trustees of any City, Toum or Incorporated Vil-
and Coloured lage^ on the application, in writing, of twelve, or more, resident heads of families, to
authorize the establishment of one, or more, Separate Schools for Protestants, Ro-
man Catholics, or Coloured People, and, in such case, it shall prescribe the limits
of the divisions, or Sections, for such Schools, and shall make the same provision
for the holding of the first Meeting for the election of Trustees of each such separ-
ate School, or Schools, as is provided in the Fourth Section of this Act for holding
the first School Meeting in a new School Section :
Provided always, That each such Separate School shall go into operation at the
same time with alterations in School Sections, and shall be under the same Regu-
lations, in respect to the persons for whom such School is permitted to be escab-
electingTrustees lisbed, as are Common Schools generally : Provided Secondly, that none but Col-
in such separate oured People shall be allowed to vote for the election of Trustees of the Separate
school sections. School for their children, and none but the parties petitioning for the establishment
of, or sending children to a Separate Protestant, or Roman Catholic, School, shall
tiJnin' mhZi ^^^ ** *^® election of Trustees of such School : Provided Thirdly, That each such
moneysTothem. Separate Protestant, or Roman Catholic, [School shall be entitled to share in the
School Fund according to the number of children of the Religious class, or persua-
tion, attending such School, as compared with the whole number of children of
School age, (6 to 16 years,) in the Township ; and the Separate School for children
of Coloured People shall share in the School Fund according to the number of such
children of school age resident in such School Section of School age resident in the
Township] or Coloured, School, shall be entitled to share in the School Fund according to
the average attendance of pupils attending each such Separate School, {the mean attendance
of pupils for f oth Summer and Winter being taken,) as compared with the whole average
ottendance of pupils attending the Common Schools in such City, Town, Village, or Town-
ship: Provided FourtHy, that no Protestant Separate School shall be allowed in any School
division except when the Teacher of the Common School is a Roman Catholic, nor shall any
Roman Catholic Separate School he allowed except when the Teacher of the Common School
Chap. II. EDUCATIONAL ACTS PASSED BY THE LEGISLATURE OF CANADA. 39
is a Protestant. Provided Fifthly, that the Trustees of the Common School Sections ^^^^^^^ ^^^^^^^
within the limits of which such Separate School Section, or Sections, shall have been ^'' ^" " • ■
formed, shall not include the children attending such Separate School, or Schools,
in their return of children of school age residing iu their School Sectioi.s.
XX. And be it enacted, That, whenever the majority of the resident house- May unite all
holders of the several School Sections of any Township at public meetings called tio^ns^in°a Town-
by Trustees for that purpose, shall desire to abolish local School Section divisions, ship under the
and have all their Schools conducted under one (Township) system, and one man- on^e"Srd of ^^
agement, like the Schools in Cities and Towns, the Municipality of such Towuship Trustees, at the
shall have authority to comply with their request thus expressed, by passing a By- request of a
law to that effect ; and all the Common Schools of such Township shall be managed "ections^con-
by one Board of Trustees, — one of whom shall be chosen in and for e-ich Ward of cerned.
the Township, if the Township be divided into Wards, and if not, then the whole
number shall be chosen in and for the whole Township, and invested with the same
powers, and subject to the same obligations, as are provided and required, in re-
spect to Trustees in Cities and Towns, by the Twenty-Fourth Section of this Act."*^
lY. Councils and Trustees in Cities, Towns, and Incorporated Villages.
XXI. And be it enacted. That the Council, or Common Council, of each City, Powers of Muni-
or incorporated Town, in Upper Canada, shall be, and is hereby, invested, within ^n^cit^e's^'rfd ^
ts limits and liberties, as prescribed by law, and shall be subject to the same obli- Towns,
gations as are the Municipal Council of each County, and the Municipality of each
Township, by the Eighteenth and Twenty-Seventh Sections of this Act : Provided
nevertheless, that the appointment of the Local Superintendent of Schools for such
City, or Town, shall be made by the Board of School Trustees of such Ciiy, or Town.
XXII. And be it enacted, That in each Ward, into which any City, or Town, "^"^'^ ^^^f ^^n
is, or shall be divided, according to law, two fit and proper persons shall be elected each^ward of '"
School Trustees by a majority of all the [resident] taxable inhabitants of such Ward ; Cities and
one of which Trustees, (to be determined by lot, at the first Trustee meeting after ^q^" ^f retiring
their election,) shall retire from office on the stcond [Tuesday] Wednesday of Jan- from office.
uary following his election ; and the second of whom shall continue in office one Persons thus
year longer, and until his successor is elected ; and the persons thus elected shall ^ Board of ^""
form one Board of School Trustees for such City, or Town. Trustees.
XXIII. And be it enacted, That, on the second Wednesday in January of each one Trustee to
year, at the time prescribed by the Second Section of this Act, one fit and proper be elected in
person shall be elected Trustee in each Ward of every City and Town, and shall c?ty or^Townf
continue in office two years, and until his successor is elected : Provided always, the second
that such election shall be held at the place where the last municipal election was Wednesday m
held for such Ward, and under the direction of the same Returning Officer, or, in each year.
his default, of such Person as the electors present shall choose ; and such election shall Mode of hoiding^
be conducted as an ordinary municipal election in each Ward of such City, or Town, such election.
XXIV. A7id be it enacted, That the Board of School Trustees for each City To be a Cor-
and Town, shall be a Corporation, under the name of "The Board of School P*^***^^^"-
Trustees of the City, (or Town) of in the County of ;" (the Duties of the
first meeting thereof may be called in the City, or Town, Council-room by any T^stees in each
Trustee), and it shall be the duty of such Board, — City or Town.
Firstly. To appoint annually, or oftener, a Chairman, Secretary, Superintend- to appoint
ent of Schools, and one, or more, Collecto:s of School Rates, (if required); and to certain officers.
appoint the times and places of their meetings, and the mode of calling them, of
conducting and recording their proceedings, and of keeping all their School accounts.
{Secondly. To take possession of all Common School property, and to accept, to hold School
and hold as a Corporation, all property which may have been acquired, or given, Property,
for Common School purposes in such City, or Town, by any title whatsoever ; to
manage, or dispose of, such property, and all moneys, or income, for Common
School purposes, until the power hereby given shall betaken away, or modified, by
law, SLTid to apply the same, or the proceeds, to the objects for which they have
been gi t'en, or acquired.
Thirdly. To do whatever they may judge expedient with regard to purchasing. To make all
or renting. School Sites and Premises ; Building, repairing, furnishing, warming "f^oJ,"\ifres ect
and keeping in order the School House, or School Houses, and its, or their appen- to^Common
dages, lands, enclosures and moveable property ; for procuring suitable Apparatus School premises,
and Text Books ; and for the establishment and maintenance of a School Library, textbooks.
or School Libraries.
* The great advantage of a Township over a local "Section" system of Schools is fully set forth in the Journal of Edu-
cation for November, 1872,
40
DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA.
1850
Fourthly. To determine the number, Sites, kind and description of Schools
which shall be established and maintained in such City, or Town ; the Teacher, or
Teachers, who shall be employed, the terms of employing them, and amount of
their remuneration, and the duties which they are to perform ; the salary of the
Superintendent of Schools appointed by them and his duties ; and to adopt, at their
discretion, such measures as they shall judge expedient, in concurrence with the
Trustees of the County Grammar School, for uniting one, or more, of the Common
Schools of the City, or Town, with such Grammar School.
Fifthly. To appoint annually, or oftener, if they shall judge expedient, for
the special charge, oversight, and management of each School within such City, or
Town, and under such Regulations as they shall think proper to prescribe, a Com-
mitcee of not more than three persons for each School.
Sixthly. To prepare, from time to time, and lay before the Municipal Council
of such City, or Town, an Estimate of the sum, or sums, which they shall judge
expedient, for paying the whole, or part, of the salaries of Teachers ; for purchas-
ing, or renting. School Premises ; for building, renting, repairing, warming, fur-
nishing and keeping in order the School-Houses and their appendages and grounds;
for procuring suitable apparatus and Text-Books for the Schools ; for the establish-
ment and maintenance of School Libraries ; and for all the necessary expenses of
the Schools under their charge ; and it shall be the duty of the Common Council,
or Council, of such City, or Town, to provide such sum, or sums, in such manner
as shall be desired by said Board of School Trustees.
Seventhly. To levy, at their discretion, any rates upon the parents, or guar-
dians, of children attending any School under their charge ; and to employ the
same means for collecting such Rates, as Trustees of Common Schools in any
Township may do under the Twelfth Section of this Act :
Provided always, that all moneys thus collected shall be paid into the hands of
the Chamberlain, or Treasurer, of such City, or Town, for the Common School
purposes of the same, and shall be subject to the order of the said Board of School
Trustees.
To give orders Eighthly. To give orders to Teachers and other School Officers and creditors
for the payment upon the Chamberlain, or Treasurer, of such City, or Town, for the sum, or sums.
Of Teachers. ^j^j^j^ ^j^^^j ^^ ^^^ ^^^^
To call annual or Ninthly. To call and give notice of annual and special School Meetings of the
special School taxable inhabitants of such City, or Town, or of any \^'ard in it, in the same man-
ner and under the same Regulations as are prescribed in the Twelfth Section of
this Act, for the appointment of annual and special School Meetings in the School
Sections of Townships :
Continuance in Provided always, that any person elected at any special Ward School Meeting,
eSed'tW^ to fill a vacancy which shall have occurred in the Board of Trustees, from any
vacancies. cause whatever, shall hold office only during the unexpired part of the term for
which the person whose place shall have become vacant, was elected to serve.
To determine
the number and
kind of Schools ;
employ
Teachers.
To appoint a
committee of
three to take the
special charge
of each school.
To make an
estimate of the
expenses of the
Schools.
The Municipal
Council to pro-
vide for such
expenses.
To levy school
rate bills at
their discretion,
The sums thus
collected to be
paid into the
hands of the
Chamberlain or
Treasurer.
Meetings.
To see that the
pupils are duly
supplied with
proper text
books.
To have their
Schools con-
ducted accord-
ing to law.
To prepare and
publish annual
School reports.
To prepare and
transmit an
annual report
to the Chief
Superintendent
of Schools.
Contents of
such report.
Powers of muni-
cipal councils in
incorporated vil-
lages.
First election of
trustees in such
villages, the
second Wednes-
day in January,
1851.
Tenthly. To see that all the pupils in the Schools are duly supplied with a
uniform series of authorized Text Books ; to appoint a Librarian, and take charge
of the School Library, or Libraries, whenever established.
Eleventhly. To see that all the Schools under their charge are conducted,
according to the Regulations authorized by law ; and, at the close of each year, to
prepare and publish, in one, or more, of the public papers, or otherwise, for the
information of the inhabitants of such City, or Town, an Annual Report of their
proceedings ; and of the progress and state of the Schools under their charge ; of
the receipts and expenditure of all school moneys ; and to prepare and transmit
annually, before the fifteenth of January, to the Chief Superintendent of Educa-
tion, a Report, signed by a majority of the Trustees, and containing all the infor-
mation required in the Reports of Common School Trustees, by the Twelfth Section
of this Act, and any additional items of information which may be lawfully required,
and made according to a Form which shall be provided for that purpose by the
Chief Superintendent of Education.
XXV. And he it enacted, That the Municipality of every Incorporated Village,
shall possess and exercise all the powers, and be subject to all the obligations, with
regard to the levying and raising of moneys for Common School purposes, and for
the establishment and maintenance of School Libraries, within the limits of such
Incorporated Village, as are conferred and imposed by this Act upon the Munici-
pal Corporations of Cities :
I»
Chap. II. EDUCATIONAL ACTS PASSED BY THE LEGISLATURE OF CANADA. 41
Provided always, that, on the second [Tuesday] Wednesday in January, One ^^^^^^ ^^^^
Thousand Eight Hundred and Fifty -one, (1851,) in each such Incorporated Village, ^nd conducted,
at the place of the then last annual election of Councillors, there shall be a Meeting six Trustees to
of the taxable inhabitants of such Incorporated Village, and which Meeting shall be elected in
be organized and conducted in the same maimer as is prescribed in the Twenty- edViilage?^^'^^
third Section of this Act, for the conducting of annual School Meetings in the ^^^^ orretire-
Wards of Cities and Towns ; and, at such Meeting, six fit and proper persona, from ment from office
among the resident freeholders, or householders, shall be elected School Trustees Two Trustees to
for such Incorporated Village ; and the persons thus chosen shall be divided by lot be elected at
into three classes, of two individuals each, to be numbered one, two, three ; the ^^^^i school ^ *"
first class shall hold office one year, the second class two years, and the third class meeting.
three years, and until their successors are elected ; but each Trustee retiring from Mode of calling
office shall be eligible to be re-elected with his own consent : Provided Secondly, annufi scho^?^
that there shall be a like School Meeting annually in each such Incorporated Vil- meeting.
lage, at which two persons shall be chosen Trustees, in the place of the two retiring .^^^ trustees
from office, and shall continue in office two years, and until their successors are thus elected in
elected : Provided Thirdly, that the first annual School Meeting in each Incorporated each incorporat-
Village, shall be called by the Town-reeve of such Village, who shall cause notices ceed\o^all the^
to be posted in at least six public places of such Village, at least six days before the rights, obiiga-
time of holding such Meeting. 'sLnTtJus'tels'"-
XXVI. And he it enacted. That the Trustees elected in each Incorporated Vil- to be a corpor-
lage, according to the provisions of the preceding Section, shall succeed to all the ation.
rights, powers, obligations and liabilities of the present Trustees of such Incorpor- '^^'^J powers,
ated Village, and shall be a Corporation under the title of the ' ' Board of School duti'es the same
Trustees of the Incorporated Village of , in the County of ; " and shall as those of trus-
possess all the powers, and be subject to all the obligations, within the limits of J^^^J^ ^^*^®^ *"^
such Incorporated Village, as are conferred and imposed by the Twenty-fourth p^^-igg ^j county
Section of this Act, upon the Trustees of Cities and Towns. councils.
To raise by as-
V. Powers and Duties of County Municipal Councils. year?asumequ°a^
XXVII. And be it enacted. That it shall be the duty of the Municipal Council tive School
of each County:- fZ^itZ^,^
Firstly. To cause to be levied in each year upon [such County collectively, or county.
upon] the several Townships of such County, [separately, as it shall deem expedient]
such [a] sum, or sums, of money for the payment of the salaries of legally qualified Such sum may
Comnaon School Teachers as shall, at least, be equal, (clear of all charges of collec- the^ discretion of
ticn,) to the amount of school money apportioned to [such County, or to] the several the council ; and
Townships thereof for such year, by the Chief Superintendent of Education, as gu^^rtised mly
notified by him to such Council, through the County Clerk : be disposed of
Provided always, that the sum, or sums, so levied, may be increased at the l\ l^l ciundl,^
discretion of such Council, either to augment the County School Fund, or to give to aid poor
special, or additional, aid to new, or needy School Sections, on the recommendation q^ ^"crease tile
of one, or more. Local Superintendents : Provided also, that the sum required to county school
be levied in such County in eich year, for the salaries of legally qualified Teachers, fund.
shall be collected and paid into the hands of the County Treasurer, on, or before, ^^'"mentS^he
the Fourteenth day of December ; and provided likewise, that, in case of the non- county"schooi ^
payment of any part of such sum into the hands of the County Treasurer at that assessment.
time, no Teacher shall, upon application, be refused the payment of the sum to No teacher to be
which he may be entitled from such years' County School Fund, but the County ^^^'^Jf ^f Si dSe*
Treasurer shall pay any local Superintendents' lawful order in behalf of such Teacher, on account of
in anticipation of the payment of the County School Assessment ; and the County the non-coiiee-
Council shall make the necessary provision to enable the County Treasurer to pay ^^^he country '^
the amount of such lawful order. school assess-
Secondly. To raise by assessment, such sum, or sums, of money, as it shall ™^ ^^.^^ ^^^^^y
judge expedient, for the establishment and maintenance of a County Common for County Corn-
School Library. l?\on School
"^ Library.
Thirdly. To appoint annually, a Local Superintendent of Schools for the to appomt local
whole County, or for any one, or more. Townships in such County, as it shall judge Superintendents
expedient ; to fix, (within the limits prescribed by the Thirtieth Section of this Act), Jro^vMelor their
anil provide for the salary, or salaries, of such Local Superintendent, or Superin- salaries.
tendents : No local Super-
Provided always, that no such local Superintendent shall have the oversight of ha^vTcharglV
more than One Hundred Schools ; and provided also, that the County Clerk shall more than lOO
forthwith notify the Chief Superintendent of Education of the appointment and gj^^^^^' ^j^^.^^ ^.^
address of each such Local Superintendent, and of the County Treasurer ; and shall notify the Chief
42 DOCUMENTARY HISTORY QF EDUCATION IN UPPER CANADA. 1850
Superintendent likewise furuish him with a copy of all proceedings of such Council, relating to
nanSS'and^Lf-^^ School assessments and other educational matters.
dress of local Fourthly. To see that sufficient security be given by all Officers of such Coun-
ents^also of the cil to whom School moneys shall be entrusted ; to see that no deduction be made
name and ad- from the School Fund by the County Treasurer, or Sub-treasurer, fur the receipt
Cou^ntv^^^^ and payment of School moneys; to appoint, if it sha'l judge expedient, one, or
Treasurer, .Tiore, "■ ub-treasurers of School moneys, for one, or more, Townships of such
To secure all County :
To see "haTno Provided always, that each such Sub-treasurer shall be subject to the sam©
detiuetion be responsibilities and obligations, in respect to the accounting for School Moneys
Smfty'^common ^"d ^^^ payment of lawfut orders for such moneys given by any Local Superinten-
schooi fund. dent within the parts of the County, for which he is appointed Sub- treasurer, as
To appoint a j^^^ imposed by this Act upon each County Treasurer, in respect to the paying and
school moneys accountmg for School Moneys.
at its discretion. Fifthly. To appoint annually, or oftener. Auditors, whose duty it shall be to
To cause the audit the accounts of the County Treasurer, and other Officers to whom School
to^iS'audS"^ Moneys shall have been intrusted, and report to such Council ; and the County
Clerk shall transmit to the Chief Superintendent of Education, on or before the
Sansmit^to Uie° First day of March in each year, a certified copy of the abstract of such report, and
Chief Superin- also give any explanation relating thereto, as far as he is able, which may be
St"of*8uch' required by the Chief Superintendent.
VI. CONSTITDTION AND DUTIES OF THE CoUNTY BOARDS OF PuBLIC INSTRUCTION.
Tiusteesofthe XXVIII. And he it enacted^ That the Board of Trustees for the County
schoof a^'dlo^l'^ Grammar School and the Local Superintendent, or Superintendents, of Schools in
superintendents each County, shall constitute a Board of Public Instruction for such County :
county board 'of Provided always, that where there is more than one Grammar School in a
l)ublic instruc- County, the County Council shall have authority to divide such County into as
one couiuy '*^*° many School Circuits as there are County Grammar Schools, and the Trustees of
board maj- be each County Grammar School and the Local Superintendent, or Superintendents,
certain^case" ^^ Schools in each such Circuit, shall be a Board of Public Instruction for such
Three (including ^i^cuit : Provided also, that at any lawful Meeting of such Board, not less than
a superinten- three Members, including a Local Superintendent of Schools, shall constitute a
dent) to be a Quorum for examining and giving Certificates of Qualification to Common School
examination of Teachers, and not less than five Members shall constitute a Quorum for the trans-
teachers— five action of any other business : Provided likewise, that the incidental expenses con-
^'ses!^^'^ P"""' nected with the Meeting and proceedings of each County Board of Public Instruc-
Incidental ex- ^^^^ ^^^^^ ^® provided for by the Municipal Council of such County.
Sfra^ed b^the ^XIX. And he it etmcted, That it shall be the duty of each County Board of
county counciL Public Instruction :—
Duties of each Firstly. To meet not less than four times a year ; to determine the time and
puffiinsfruc-^^ places of its own meetings, and the order of its proceedings, and the manner of
tion. recording them.
To meet quar- Secondly. To examine and give Certificates of Qualification to Teachers of Corn-
To examine and "^^" Schools, arranging such Teachers into three classes, according to their attain-
give certificates ments and ability, as shall be prescribed in a Programme of Examination and Instruc-
of qualification tions to be provided according to law ; also to aanul any such Certificate as it shall
to teachers. ^^^^ expedient :
Teacher must -j-v • j j i i /^ • /»
give proof of Provided always, that no Certificate of Qualification shall be given to any per-
StS^m'Sst^iSa ^^^ *** * Teacher, who shall not furnish satisfactory proof of good moral character ;
British subject * "°^ ^P ^^J person who shall not, at the time of applying for such Certificate of
Certificate may Qualification, be a natural born, or naturalized, subjtct of Her Majesty, orivho
limfted."^^ ^' ^^^ '•'^^ produce a CeHificate of having taken the Oath of Allegiance to Her Majesty,
Must have the hefore some one of Her Majesty's Justices of the Peace for the County in which he
lS"*^^ °^ °"® ^'^^ ^« « resident ; a7id all Justices of the Peace are hereby authorized to administer
Superintendent ^^'^^ ^^*'^ ^f Allegiance : Provided also, That any such Certificate of Qualification,
of Schools shall, in general, as regards the County, or limited as to time, or place, at the
iw)k8 for Shoals Pleas'^re of the majority of the Members of the County Board of Public Instruction
from the general present at such Examination : Provided likewise, that every such Certificate shall
To?aIui!^trthe ^^^^ ^^^ signature of at least one local Superintendent of Schools,
procuring of Thirdly. To select, (if deemed expedient), from a list of Text Books recom-
such books. mended, or authorized, by the Council of Public Instruction, such Books as they
the^estobifsh'"" n^*^^ ^^^^^ ^®®* adapted for the use of the Common Schools of such County, or
mentof a county S^'^^,"**^ • ^^^ ^ ascertain and recommend the best facilities for procuring such
school library. Books.
Chap. II. EDUCATIONAL ACTS PASSED BY THE LEGISLATURE OF CANADA. ^3
Fourthly. To adopt all such lawful means in their power, as they shall judge To promote the
expedient, to advance the interests and usefulness of Common Schools, to promote g"[,o'^fs*|n°J ^hg
the establishment of School Libraries, and to diffuse useful knowledge in such diffusion of use-
County, or Circuit. ful knowledge
generally.
VII. Duties of Local Superintendents of Schools.. Local Superin.
tendent of
XXX. And be it enacted, That each Local Superintendent of Common Schools to be
Schools, appointed as provided for in the Twenty-seventh Section of this Act, shall remuneration of
be entitled, annunlly, to not less than One pound currency, (£1,) per School placed not less than
under his charge, together with any additional remuneration, or allowance, which °"hoo^u"de^^hi8
the Council appointing him shall grant ; and such Superintendent shall be paid the charge.
same in quarterly instalments by the County Treasurer. To be paid quar-
XXXI. And be it enacted, That it shall be the duty of each Local Superin- Jres^^r^r of the
tendent of Schools : county.
First. As soon as he shall have received from the Ccunty Clerk a notification g^^eriiftendents
of the amount of money apportioned to the Township, or Townships, within the of Schools.
limits of his charge, to apportion the same, (unless otherwise instructed by the To distribute the
Chief Superintendent of Education), among the several School Sections entitled to common school
receive it, according to the rates of the average attendance of pupils attending each severafschooi ^
Common School, (the mean attendance of pupils for both Summer and Winter sections accord-
being taken), as compared with the whole average number of pupils attending the JJf^attendance^
Common Schools of such Township. unless otherwise
Secondly. To give to any qualified Teacher, and to no other, on the order of ^*'"®^^^^-
the Trustees of any School Section, a cheque upon the County Treasurer, or sub- trustees^to give
Treasurer, for any sum, or sums, of money apportioned and due to such School cheques to
Section • • teachers upon
.section . ^jjg county or
Provided always, that he shall not pay any such order of the Trustees of any sub-county
School Section, from whom no satisfactory annual School Report shall have been schoTi'moneys.
received for the ye^r ending the last day of the December preceding ; nor unless it conditions of
shall appear by such Report, that a School has been kept by a qualified Teaeher in giving such
such Section for at least six months during the year ending at the date of such guch^conditions
Report : Provided also, that the foregoing condition shall not apply to the order, not to apply to
or orders, of Trustees in any new School Section, for money apportioned and due new school
, , ct , • ^ rjT sections.
to such Section.
Thirdly. To visit each Common School within his jurisdiction, at least [twice a To visit each
year, (once in the Summer and once in the Winter,) and oftner, if practicable] once once^a-quarter.
in each quarter ; and, at the time of each su h visit, to examine into the state and Duties at such
condition of the School, as respects the progress of the pupils in learning, the order visitations.
and discipline observed, the system of instruction uursued, the mode of keeping p°^^?|'j^^^j.^j.g j^^
the School Registers, the average attendance of pupils, the character and condition each School sec-
of the Building and premises, and to give such advice as he shall judge proper. ^ion atiea&t
Fourthly. To deliver in each School Section, at least once a -year, a Public Topics of such
Lecture on some subject connected with the objects, principles, and means of Prac- lecture,
tical Education ; and to do all in his power to persuade and animate parents, guar- ^^^^^ duties.
dians. Trustees and Teachers, to improve the character and efficiency of the Com- j^^^"^^*^^^ ^^®
mon Schools, and thus secure the universal and sound education of the young. To recommend
Fifthly. To see that all the Schools are managed and conducted according to authorized Text
law ; to prevent the use of unauthorized, and to recommend the use of authorized books; and to
Text Books in each School ; to acquire and give information as to the manner in [he*proc*ui?ne
which such authoiized Text Books can be obtained, and the economy and advan- of them,
tages of using them. To attend the
Sixthly, To attend the Meetings of the County Board of Public Instruction; to ^unty^Bo^ard of
meet and confer with the Chief Superintendent of Education at such time and place Public instruc-
as he may appoint, when making an Official Visit to such County, for the promo- ^^^J- con°erwith
tion of the interests of Education. the Chief Super-
Seventhly. To attend the Arbitrations, and to meet the Townreeves, as pro- sjfhools'ln Ws
viied for in the Twelfth and Eighteenth Sections of this Act ; to decide upon any official visits to
other questions of difference which may arise between interested parties under the ^^^^ county.
operation of this, or any preceding School Act, and which may be submitted to Jratlo^n"?or Uie
him ; settlement of
Provided always, that he may, if he shall deem it advisable, refer any such tfo^ns'of dispute.
question to the Chief Superintendent of Education: Provided also, that any To decide upon
aggrieved, or dissatisfied, party, in any case not otherwise provided for by this Act, ^^^^ ^i"t^^^ t' h^'
shall have the right of appeal to the Chief Superintendent of Education. discretion.^
44
DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA,
1850
Or (proviso) refer Eightly. To suspend the Certificate of Qualification of any Teacher, for any
ChTef superin- cause which shall appear to him to require it, until the next ensuing Meeting of
tendent of the County Board of Public Instruction, where the case shall be disposed of, in such
Schools. manner as a majority of the Members present shall think proper :
SgrieJJd or dis- Provided always, that due notice shall be given to the Teacher suspended, of
satisfied parties such Meeting of the County Board : Provided also, that the cancelling, or suspen-
mav appeal in ^j^^^ ^£ ^ Teacher's Certificate of Qualification, shall release his School Trustees
from any obligation to continue him in their employment.
Ninthly. To act in accordance with the Regulations and Instructions which
shall be provided according to law ; to give any information in his power, (when
desired), to the Chief Superintendent of Education, respecting any Common School
or8U8pen8ion"'of matter within his jurisdiction ; to furnish the County Auditors, when required,
a teacher's cer- ^j^jj ^j^g Trustees' orders, as the authority for his cheques upon the County, or Sub-
Treasurer, for School moneys ; to deliver copies of his Ofiicial Correspondence and
all School Papers in his custody, to the order of the County Council, on retiring
from ofiice.
certain cases.
To suspend cer-
tificates of quali
flcation in
certain eases.
The cancelling
tificate of
qualification, to
release his
trustees from
obligation to
continue him in
their employ,
ment.
To observe all
lawful regula-
tions and in-
structions in
discharge of his
duties. To give
information to
the Chief Super-
intendent when
desired.
To account to
the county
auditors.
To prepare and
transmit an
annual school
report to the
Chief Superin-
tendent.
Contents of
such report.
Nature of
Schools.
Whole number
of children of
school age.
Time of keeping
the schools
open ; branches
taught.
Books used,
average attend-
ance.
The amount of
Tenthly. To prepare and transmit to the Chief Superintendent of Education,
on, or before, the first day of March, an Annual Report, which shall be in such form
as shall be provided by the said Chief Superintendent and which shall state : —
Ist — The whole number of Schools and School Sections, or parts of Sections,
the in each Township within his jurisdiction. ^
2nd. — The number of pupils taught in each School over the age of five and
under the age of sixteen years ; the number between the ages of sixteen and
twenty-one years ; the whole number of children residing in each School Section,
or part of a Section, over the age of five and under the age of sixteen years.
3rd. — The length of time a School shall have been kept in each such Section,
or parts of Sections, by a qualified Teacher ; the branches taught, the number of
pupils in each branch, and the Text Books used ; the average attendance of pupils,
both male and female, in Summer and Winter.
4th. — The amount of moneys which have been received and collected in each
School Section, or part of Section, — distinguishing the amount apportioned by the
Chief Superintendent of Education, the amount received from County Assessment,
the amount raised by Trustees, and the amount received from any other, and what
source, or sources ; also how such moneys have been expended, or whether any
part remains unexpended, and from what causes ; the annual salary of Teachers,
male and female, with and without board.
5th. — The number of his, and other School, Visits during the year ; the num-
ber of School Lectures delivered ; the whole number of School Houses, — their
sizes, character, furniture and appendages, the number rented, the number erected,
during the year, and of what character, and by what means.
6th. — The number of qualified Teachers, their standing, sex, and Religious
Persuasion ; the number, as far as he may be able to ascertain, of Private Schools,
wid"explnded.^^ the number of pupils and subjects taught therein ; the number of Libraries, their
— extent, how established and supported ; also, any other information which he may
possess respecting the educational state, wants and advantages in each Township of
his charge, and any suggestions which he shall think proper to make, with a view
to the improvement of Schools and diffusion of useful knowledge.
VIII. Common School Visitors and Their Duties.
XXXII. And be it enacted^ That all Clergymen recognized by law, of what-
ever Denomination, Judges, Members of the Legislature, Magistrates, Members of
County Councils and Aldermen, shall be School Visitors in the Townships, Cities,
Towns and Villages where they shall respectively reside : Provided always, that
persons holding the Commission of the Peace for the County only, shall not be
School Visitors within Towns and Cities: Provided also, that each Clergyman
shall be a School Visitor in any Township, Town, or City, where he may have
pastoral charge.
XXXIII. And he it enacted, That it shall be lawful for each of said School
Visitors, to visit, as far as practicable, all the Public Schools in such Township,
City, Town, or Village ; especially to attend the Quarterly Examinations of Schools,
and, at the time of any such visit, to examine the progress of the pupil?, and the
state and management of the School, and to give such advice to the Teachers and
pupils, and any others present, as he may think advisable, in accordance with the
Regulations and Instructions which shall be provided in regard to School Visitors
according to law ;
The number of
School visits
and lectures.
Of school -
houses.
Of teachers.
Who shall be
school visitors.
Proviso : as to
county magis-
trates.
School visitors
authorized to
visit the schools
attend examina
tions, and ex-
amine into the
state of each
school.
Chap. II. EDUCATIONAL ACTS PASSED BY THE LEGISLATURE OF CANADA. 45
Provided always, that a General Meeting of such. Visitors may be held at any Proviso: Gen-
time, or place, which may be appointed by any two such Visitors, on suflScient may 'be called,
notice being given to the other Visiters in the Township, City. Town, or Village :
and it shall be lawful for such Visitors, thus assembled, to devise such means, as duties and
they may deem expedient, for the efficient visitation of the Schools, and to promote ^gethies^ ^^^^
the establishment of Libraries and the diffusion of useful knowledge.
IX. Duties of the Chief Superintendent of Education.
XXXIV. A7id he it efiacted, That the Governor may, from time to time, by fendeKf""'
Letters Patent, under the Great Seal of the Province, appoint a fit and proper Schools ap-
person to be Chief Superintendent of Education for Upper Canada, who shall hold pointed.
his office during pleasure, and shall receive a salary of [ pounds per annum]
the same amount as that nov> provided by law, or, as may hereafter he provided hy law. ^^^ salary.
for the Chief Superintendent of Education in Lower Canada; and shall be responsible
to, and subject to the direction of, the Governor- General, communicated to him
through such Department of Her Majesty's Provincial Government, as, by the
Governor, may be directed in that behalf ; and shall account for the contingent Jj^e^contingent
expenses of his Office, as provided in respect of other Public Offices ; and shall be expenses of his
allowed two Clerks, [the first of whom to receive pounds per annum, and the °*^'^^-
second pounds per annum] who shall receive the same salaries as are, or shall he, J^^^^^l^^^^
hy law attached to similar offices in the Education Law of Loiver Canada, to com- their salaries.
mence from the first of [January] Jidy, One Thousand Eight Hundred and Fifty.
XXXV. And he it enacted. That it shall be the duty of the Chief Superin- Duties of the
tendent of Education : S'ndent"^^""'
Firstly. To apportion, annually, on, or before, the First day of May, all '^° apportion all
moneys granted, or provided, by the Legislature for the support of Common by°thel§isia-^
Schools in Upper Canada, and not otherwise appropriated by this Act, to the ture for the
several Counties, Townships, Cities, Towns and Incorporated Villages therein, conunoiischoois
according to the ratio of population in each, as compared with the whole popula- and in what
tion of Upper Canada ; or, when the Census, or returns, upon which such an '"^tio- '
apportionment is to be made, shall be so far defective, in respect to any County,
Township, City, Town, or Village, as to render it impracticable for the Chief
Superintendent to ascertain from such data the share of School Moneys which
ought then to be apportioned to such County, Township, City, Town, or Village,
he shall ascertain, by the best evidence in his power, the facts upon which the
ratio of such apportionment can be most fairly and equitably made, and make it
accordingly.
Secondly. To certify such apportionment made by him, to the Inspector- J^ certify such
General, so far as it relates to the several Counties, Cities, Towns and Incorporated tJthe inspector-
Villages in Upper Canada, and to give immediate notice thereof to the Clerk of General, and to
each County, City, Town and Village interested therein, stating the time when ciS-ks.""*^^
the amount of moneys thus apportioned, will be payable to the Treasurer of such
County, City, Town, or Village.
Thirdly. To prepare suitable Forms, and to give such Instructions as he shall J^J^]l^^ f^^^'
judge necessary and proper, for making all Reports, and conducting all proceed- executi^^'the'^
ings under this Act, and to cause the same, with such General Regulations, as law, and trans-
shall be approved of by the Council of Public Instruction for the better Organ- "oclf schoo?
ization and Government of Common Schools, to be transmitted to the Officers officers.
required to execute the provisions of this Act.
Fourthly. To cause to be printed, from time to time, in a convenient form, so of^^tiieschooF^^^
many copies of this Act, with the necessary Forms, Instructions, and Regulations law, regulations,
to be observed in executing its provisions, as he may deem sufficient for the infor- to be printed
mation of all Officers of Common Schools, and to cause the same to be distributed as occSion may
for that purpose. require.
Fifthly. To see that all moneys apportioned by him, be applied to the objects Jchooi mo*neys
for which they were granted ; and, for that purpose, to decide upon all matters apportioned by
and complaints submitted to him, (and not otherwise provided for by this Act,) ^ipUed j^cord-
which involve the expenditure of any part of the School Fund ; and to direct the ing to law.
application of such balances of the School Fund, as may have been apportioned for tq ^j^ggt ^.^g
any year and forfeited according to the provisions of this Act. disposal of bal-
ances of such
Provided always, that such balances of the School Fund shall be expended in moneys in cer-
making up the salaries of Teachers in the County to which tney shall have been unSer^clrtaS?
apportioned. conditions.
46
DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA
1S50
To appoint a
Deputy and
special inspec-
tors in certain
Duties in regard
to the Normal
School.
And text-books.
School libraries.
Plans of school-
housea
The collection
and diflfiision of
useful know-
ledge.
To submit to
the Council of
Public Instruct-
ions, books,
manuscripts.
To lay before
said Council,
general regula-
tions.
To apportion
moneys granted
for the establish-
ment of school
libraries.
Proviso :
Condition of
sharing in such
apportionment.
To appoint per-
sons to conduct
teachers' insti-
tutes, and pre-
pare rules and
instructions for
regulating their
proceedings.
To account for
moneys.
To report
annually to the
Governor on
certain matters.
Sixthly. To appoint one of his Clerks as his Deputy, to perform the duties of
his Office, in case of his absence ; and to appoint one, or more, persons, as he shall,
from time to time, deem necessary, to inspect any School, or examine into any
School Matter, in the County where such person, or persons, reside, and report to
him : Provided that no allowance, or compensation, shall be made to such special
Inspector, or Inspectors, for any service, or services, performed by him, or them.
Seventhly. To take the general Superintendence of the Normal School ; and
to use his best endeavours to provide for, and recommend, the use of uniform and
approved Text Books in the Schools generally
Eightly. To employ all lawful means in his power to procure and promote the
establishment of School Libraries for general reading, in the several Counties,
Townships, Cities, Towns, and Villages ; to provide and recommend the adoption
of suitable Plans of School- Houses, with the proper furniture and appendages ;
and to collect and diffuse useful information on the subject of education generally,
among the people of Upper Canada.*
Ninthly. To submit to the Council of Public Instruction all Books, or Manu-
scripts, which may be placed in his hands with the view of obtaining the recom-
menda^^ion, or sanction, of such Council, for their introduction as Text Books, or
Library Books ; And to prepare and lay before the Council of Public Instruction
for its consideration, such General Regulations for the ( )rganization and Govern-
ment of Common Schools, and the Management of School Libraries as he shall
deem necessary and proper.
Tenthly. To apportion whatever sum, or sums, of money shall be provided by
the Legislature for the establishment and support of School Libraries :
"' Provided always, that no aid shall be given towards the establishment, or sup-
port, of any School Library unless an equal amount be contributed and expended
from local sources for the same object.
Eleventhly. To appoint proper persons to conduct County Teachers' Institutes,
and to furnish such Rules and Instructions as he shall judge advisable, in regard to
the proceedings of such Institutes and the best means of promoting their objects,
in elevating the profession of School Teaching and increasing its usefulness.
Twelfthly. To be responsible for all Moneys paid through him in behalf of
the Normal and Model Schools, and to give such Security for the same as shall be
required by the Governor [General] ; and to prepare and transmit all Correspondence
which shall be directed, or authorized, by the Council of Public Instruction for
Upper Canada.
[Thirteenthly. To prepare forms of Annual Reports for all Colleges and Gram-
mar Schools of Upper Canada, endowed out of the Public Lands, or receiving aid
from the Public Funds of this Province. Provided always, that it shall be the
duty of the authorities of such Colleges and Grammar Schools, to prepare and
transmit such Reports, according to the forms prescribed, to the Chief Superin-
tendent of Education on, or before, the first day of March in each year]
Thirteenthly. To make annually to the Governor, on, or before, the first day of
[June] July, a report of the actual state of the [University of Toronto, of the
several Colleges, and Grammar Schools and of] Normal, Model and Common Schools
throughout Upper Canada, showing the amount of moneys expended in connec-
tion with each, and from what sources derived, with such statements and sug-
gestions for improving the [Grammar and] Common Schools [or the] and the Com-
mon School Laws, and promoting education generally, as he shall deem useful and
expedient.
X. Constitution and Duties of thb Council of Public Instruction.
Council of Public XXXVI. And be it enacted, That the Governor shall have authority to
Instruction for appoint not more than nine Persons, (of whom the Chief Superintendent of
Education shall be one,) to be a Council of Public Instructions for Upper Canada,
who shall hold their office during pleasure, and shall be subject, from time to time,
to all lawful orders and directions in the exercise of their duties, which shall, from
time to time, be issued by the Governor.
To consist of
nine persons
including the
Chief Superin
tendent.
* ^® duties devolved upon the Chief Superintendent of Education, by this Eighth clause of the Thirtv-fifth Section of
the Act, were fully discharged by him in the columns of the Journal of Educationfor Upper Canada, (this Journal was
estabhshedby the Chief Superintendent in 1848, and was published during the remainder of his incumbencv, which ceased
in 1876.) The Journal was, however, discontinued by Order-in-Council in June, 1877.)
Chap. II. EDUCATIONAL ACTS PASSED BY THE LEGISLATURE OF CANADA. 47
XXXVII. Arid he it emacted, That the Chief Superintendent of Education Mode o^ provid-
shall provide a place for the Meetings of the Council of Public Instruction, and Jiefrayin^^the
shall call the first Meeting of the Council, and shall have authority to call a special expenses of the
Meeting at any time, by giving due notice to the other Members ; that the expenses ™ch^ council •
attending the proceedings of the said Council shall be accounted for by the Chief of cailin^"he '
Superintendent of Education as part of the contingent expenses of the Education first meeting
Office ; that the Senior Clerk in the Education Office shall be Recording Clerk to meeting
the said Council, shall enter all its proceedings in a Book to be kept for that pur- ggj^jQ^ Clerk in
pose, shall, as may be directed, procure the Books and Stationery for the Normal the Education
and Model Schools, and shall keep all the acco nts of the said Council ; [and shall ^^? ^^ be Re-
be entitled, for these services to a remuneration of not less than Twenty-five pounds, to the Council.
(£25,) per annum] His duties.
XXXVIII. And he it enacted^ That it shall be the duty of the said Council of Duties of the
Public Instruction, ( [five] three Members of which, at any lawful Meeting, shall ^^""^\^ °* ^"^"
- ^ ~ ' ,\ •- , . • r 1 • \ "^ °' lie Instruction.
form a Quorum for the transaction of business) :
First. To appoint a Chairman, and establish the times of its Meetings, and To regulate its
the mode of its proceedings, which Chairman shall be entitled to a second, or cast- ?^'" proceed-
ing vote, in cases of an equality of votes on any question.
Secondly. To adopt all needful measures for the permanent establishment To do all things
and efficiency of the Normal School for Upper Canada, containing one, or more, the^pemanent
Model Schools, for the instruction and training of Teachers of Common Schools in establishment
the Science of Education and Art of Teaching. and efficiency of
'^ the Normal
Thirdly. To make, from time to time, the Rules and Regulations necessary School.
for the Management and Government of such Normal School ; to prescribe the To make rules
terms and conditions on which students shall be received and instructed therein ; to men?aiXgov-^
select the location of such School, and erect, or procure, and furnish, the Buildings ernmentofthe
therefor ; to determine the number and compensation of [Professors,] Teachers^ f^^J^^cribe'fiie
and all others who may be employed therein ; and to do all lawful things which term7of"dmis-
such Council shall deem expedient to promote the objects and interests of such sion.
Normal School. ' Srfali^^fL-"-
Fourthly. To make such Regulations, from time to time, as it shall deem "*!ji ^^J^^d
expedient for the Organization, Government and Discipline of Common Schools ; ino-s!**
the clacsification of Schools and Teachers, and for School Libraries throughout To° appoint
Upper Canada ^o^SVegula.
Fifthly, To examine, and, at its discretion, recommend, or disapprove, of tions for the or-
Text Books for the use of Schools, or Books for School Libraries : |overnme"nt of
Provided always, that no portion of the Legislative School Grant shall be of common
applied in aid of any School in which any Book is used that has been disapproved ^jj^°°^^ gener-
of by the Council, and public notice given of such disapproval, To^examine and
Sixthly. To transmit annually, through the Chief Superintendent of Educa- recommend
tion, to the Governor, to be laid before the Legislature, a true account of the and^for^schoJS^ *
receipt and expenditure of all monies granted for the establishment and support of libraries ;
the Normal School. P'-^^i^^ = , „
To account an-
XII. Miscellaneous Financial Provisions. nuaiiy.
XXXIX. And be it enacted. That a sum not exceeding Fifteen Hundred £;i 500 per an-
pounds, (^1,500,) per annum shall be allowed out of the Legislative School Grant nu'm granted for
for the salaries of Officers and other contingent expenses of the Normal School ; gg^^i""*^^
and that a sum not exceeding One Thousand pounds, (.£1,000,) per annum be ^^ ^qq ,^jj.
allowed out of the said grant to facilitate the attendance of Teachers in-training at num to faciii-
the Normal School, under such Regulations as shall from time to time, be adopted tate the attend-
by the Council of Public Instruction. fn tra^ningT
XL. And he it enacted. That the sum of money apportioned annually by the ^j^^^^ monies to
Chief Superintendent of Education to each County, Township, City, Town, or constitute the
Village, and at least an equal sum raised annually by local assessment, shall con- comnion school
stitute the Common School Fund of such Couxity, Township, City, Tosrn, or "" *
Village, and shall be expended for no other purpose than that of paying the salar- apportionment.*
ies of qualified Teachers of Common Schools :
Provided always, that no County, City, Town, or Village, shall be entitled to
a share of the Legislative School Grant without raising by assessment, a sum at
least equal, (clear of all charges for collection,) to the share of the said School
Grant apportioned to it : and provided also, that should the Municipal Corporation
of any County, City, Town, or Village, raise in any one year a less sum than that
apportioned to it out of the Legislative School Grant, the Chief Superintendent of
Education shall deduct a sum equal to the deficiency, from the apportionment to
such County, City, Town, or Village, in the following year.
48
DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA.
1850
libraries, under
certain rejfula-
tions.
£3,000.
Certain sums to XLI. And be it enactecl, That it may, and shall, be lawful for the Governor-
the^eSffsh-*'*'^ in-Council, to authorize the expenditure annually, out of the share of the Legisla-
ment of school tive School Grant coming to Upper Canada, of a sum not exceeding Three
Thousand pounds, (£3,000,) for. the establishment and support of School Libraries,
under such Regulations as aie provided for by this Act ; of a sum not exceeding
Twenty five pounds, (£25,) in any County, or Riding, for the encouragement of a
Teachers' Institute, under the Regulations hereinbefore provided ; and of a sum
not exceeding [One] Two Hundred pounds, (£200,) in any one year to procure
Plans and Publications for the improvement of School Architecture and Practical
Science in connexion with the Common Schools :
amount hereto- Provided always, that the amount heretofore apportioned in aid of Common
fore appointed Schools to the several Counties, Cities, Towns and Villages in Upper Canada, shall
in aid of common ^^^ ]^q lessened by the appropriation of such sums, but they shall be taken out of
Lessenld"*^ ^^ ^ any additional amount awarded to Upper Canada, out of the said Grant, in con-
sideration of the increase of its population, in proportion to that of the whole
Province
The monej'S
apportioned
annually in aid
of common
schools to be
payable the first
day of July,
Protection of
common school
fund against
Proviso as to
Secretary-
Treasurer.
V^ithholding to
be a misde-
meanor.
Mode of pro-
cedure.
Judge to order
the party to
deliver Books,
etcetera.
Penalty.
Certificate of
qualification for
Upper Canada
granted to
teachers under
certain circum-
stances.
Proviso.
XLII. And he it enacted. That the sum of money annually apportioned in aid
of Common Schools in the several Counties. Cities, Towns and Villages in Upper
Canada, shall be payable on, or before, the first day of July, in each year, to the
Treasurer of each County, City, Town and Village, in such way as the Governor-
in-Council shall, from time to time, direct.
XLIII. And be it enacted , That, if any part of the Common School Fund
shall be embezzled, or lost, through the dishonesty, or faithlessness, of any party
to whom it shall have been entrusted, and proper security against such loss shall
not have been taken, the person, or persons, whose duty it was to have exacted
such security, shall be responsible for the sum, or sums thus embezzled, or lost,
and the same may be recovered from them by Civil suit in any Court of Law,
having jurisdiction, to the amount claimed, by the party, or parties, entitled to
receive such sum, or sums, or at the suit of the Crown.
Provided always, that if any Secretary -treasurer appointed by the School Trustees of
any school division, or any person having been such Secretary -treasurer, and having in his
possession any Books, Papers, Chattels, or Moneys, which shall have come into his posses-
sion, as such Secretary -treasurer, shall ivrongfully ivithhold, or refuse to deliver up, or to
account for and pay over the same, or any part thereof, to such person, and in such manner
as he may have been lawfully directed by any majority of the School Trustees for such
School division then in office, such withholding, or refusal, shall be a misdemeanor; and,
upon the application of the majority of such Trustees, supported by affidavit of such wrong-
fid imthholding, or refusal, made by them before some Justice of the Peace to the Judge of
the County Court, such Judge shall, thereujion, make an order that such Secretary-treasurer,
or person having been such, do appear before such Judge at a time and place to be appointed
in such order, which shall, by a Bailiff of any Division Court, be personally served on the
party complained against, or left with a grown up person at his residence, and at the time
and place so appointed, the Judge being satisfied that such service has been made, shall, in
a summary manner, and whether the party complained of do, or do not, appear, hear the
coniplaint ; and, if he shall be ofopitiicn, that the complaint is well founded, he shall order
the party complained of to deliver up, account for and pay over the Books, Papers, Chattels,
or Moneys, as aforesaid, by a certain day, to be named by the Judge in such order, together
with reasonable costs incurred in making such application, as the Judge may tax, and, in
the event of a noncompliance with the terms specified in the said order, or any, or either, of
them, then to order the said party to be forthwith arrested by tht Sheriff of the County in
which such party shall be found, and bt, by him, committed to the Common Gaol of his
County, there to remain without bail, or mainprize, until such Judge shall be satisfied that
such party has deliver-ed up, accounted for, or paid over, the Books, Papers, Chattels, or
Moneys, in question in the manner directed by the majority of the Trustees, as aforesaid,
upon prooj of his having done which, such Judge shall make an order for his discharge,
and he shall be discharged accordingly ; Provided always, that no proceeding under this
proviso shall be construed to impair, or affect, any other remedy which the said Trustees
may have against such Secretary -treasurer, or person having been such, or his Sureties.
XLIV. And be it enacted. That it may, and shall, be lawful for the Chief
Superintendent of Education, on the recommendation of the (Professors] Teachers
in the Normal School, to give to any Teacher of Common Schools a Certificate of
Qualification which shall be valid in any part of Upper Canada, until revoked
according to law ;
Provided always, that no such Certificate shall be given to any person who
shall not have been a Student in the Normal School, [during, at least, one
Session].
I
Chap. II. EDUCATIONAL ACTS PASSED BY THE LEGISLATURE OF CANADA. 49
XLV. And be it enacted. That no part of the salaries of the Chief Superin- Salaries of
tendent of Education, or Local Superintendents of Schools, nor of any other and^exeense8"in-
persons employed, or expenses incur^-ed, in the execution of this Act, shall be paid curred in the
out of the Common School Fund, which shall, wholly and without diminution, be gehSoHaw^'now^
expended in the payment of Teachers' salaries, as hereinbefore provided. paid.
XLVI. And be it enacted, that any person who shall wilfully disturb, inter- Punishment of
rupt. or disquiet, the proceedings of any School Meeting authorized to be held by fng^m" etings"*^
this Act, or any School established and conducted under its authority, shall, for each
oflfence, forfeit for Common School purposes, to the School Section, City, Town, or
Village, within the limits of which such oflfence shall have been committed, a sum
not [less than] exceeding Five pounds, (£5), [nor more than Ten puunds, (£10)], and Penalty,
may be prosecuted before any Justice of the Peace, by any person whatever, and
convicted on the oath of one credible witness other than the prosecutor, and, if
convicted, the said penalty shall, if not forthwith paid, be levied with costs by
distress and sale of goods and chattels of the offender, under a Warrant of such
Justice, and paid over by him to the School Treasurer of such Section, City, Town,
or Village ; or the said oflfender shall be liable to be [tried] indicted and punished
for the same, as a misdemeanor.
XL VII. And be it enacted. That the first election of Trustees in all the Cities Temporary pro-
and Towns of Upper Canada, as provided for in the Twenty Second Section of this Jng^he first ^
Act, shall commence at ten of the clock in the forenoon of the first Tuesday in elections in
[3 Mly] September, One Thousand Eight Hundred and Fifty, (1850). and that the cities and towns.
places of election in the several Wards of each City, or Town, together with the
name of the Returning Officer for each such Ward, shall be duly notified, by causing
notices to be put up in at least three public places in each such Ward, and not less
than six days before such election, by the Mayor of each City and Town respec-
tively :
Provided always, that the School Trustees then elected in each City and Town,
shall be subject to all the obligations which have been contracted by the present
School Trustees of such City, or Town ; and shall be invested with all the powers
conferred by this Act on School Trustees of Cities and Towns for the fulfilment of
such obligations, and for the performance of all other duties imposed by this Act,
and the word " County " shall include Union of Counties for Municipal purposes.
XLVIII. And be it enacted, That the Interpretation Act shall apply to this interpretation
Act ; that the word " Teacher" shall include Female as well as Male Teachers ; clause.
that the word "Townships" shall include Unions of Townships made for Municipal
purposes ; and the word " County " shall include unions of Counties for municipal
purposes.
[XLIX. And be it enacted^ That the foregoing Sections of this Act shall have
force and effect, upon, from and after the — , and not before]
ANNO TERTIO-DECIMO ET QUARTO-DECIMO: VICTORIA REGIN^, CAPUT XLIX.
An Act to remove Certain Doubts respecting the Intention of the Act of last
Session of the Parliament of this Province, for amending the Charter of
THE University of Toronto, [and for other Purposes, etcetera].
The Earl of Elgin and Kincardine, Governor General op British North America :
Passed on the 10th of August, 1850.
(Note. — Those parts of the original Bill on which the following Act is founded, which were
omitted, or modified, by the Legislature are enclosed in square brackets ; the additions made
to the Bill, in its passage through the Legislature, are printed in italic.)
Whereas, in the Preamble of the Act passed in the last Session of the Parlia- Preamble-
ment of this Province, chaptered Eighty-two, and intituled : "An Act to amend the Act of 1849,*-
Charter of the University established at Toronto by his late Majesty, King George 12 vict. chapter
the Fourth, to provide for the more satisfactory Government of the said University, ^^' *^'^^-
and for other purposes connected with the same and with the College and Royal
Grammar School forming an Appendage thereof," the promotion of the Religious intention of the
and Moral Improvement, as well as the Secular Education of the People of this ReUgious^^ °
l*rovince is expressly set forth as the object of its enactment ; and, as a means of instruction.
accomplishing such object in a community consisting of various Denominations of
Christians, the necessity is asserted of having the said University entirely free in
4 D.E.
50^
DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA.
1850
Regard for con-
scientious
scruples.
To Renr.ove
Doubts.
Act of 1840.
The intention of
the said Act as
to Rehgious In-
structions
declared, and
provision made
for giving effect
to it, by Statute
of an University.
Facility for Re-
ligious Worship.
Proviso.
Proviso.
By University
Statute.
And by Statute
of Upper Canada
College.
Quorum.
Caput in their
Report under
Section 24 of the
its Government and Discipline from all Denominational bias, so that the just Rights
and Privileges of all migjit be fully maintained without oflfence to the Religious
Opinions of any ; and
Whereas the said enactment originated in a sincere iesire for the advance-
ment of True Religion, and a tender regard for the conscientious scruples of all
classes of professing Christians, which it sought to evince by affording to the differ-
ent Religious Denominations the opportunity, and thereby pressing upon them the
obligation, each in its own way and each according to its own Discipline, and in
conformity with its own peculiar views of Religious Truth, of providing for the
spiritual welfare and advancement in Religious Knowledge of the youth belonging
to its own Communion, and not from any indifference to the importance of Religious
duties, or of imparting Religious Knowledge in the education of youth ; And
Whereas, notwithstanding the distinct avowal of the principles on which the
said Act was based, doubts have been raised as to the Christian characi-er of the
said Institution and of the powers of the University, by Statute, or otherwise, to
make the necessary Regulations for insuring to its Members the opportunities of
Religious Instruction and attendance upon Public Worship by their respective
Ministers, and according to their respective forms of Religious Faith : And —
Whereas, for the satisfaction of all whose minds may have been disturbed by
such doubts, it is desirable to declare, and —
Be it, therefore, accordingly declared and enacted by the Queen's Most Excellent
Majesty, by and with the advice and consent of the Legislative Council and of the
Legislative Assembly of the Province of Canada, constituted and assembled by
virtue of, and under the authority of an Act passed in the Parliament of the
United Kingdom of Great Britain and Ireland, and intituled : " An Act to reunite
the Provinces of Upper and Lower Canada, and for the Government of the same
and it is hereby declared, and enacted, by the authority of the same, that it hath
been, and, at all times hereafter, shall be fully competent to, and for, the said
University, — by Statute, either Visistatorial, or Senatatorial, to be passed for that
purpose, to make any Regulations that may be deemed expedient for the under-
graduates and students attending Lectures in the said University, attending upon
Public Worship in their respective Churches, or other places of Religious Worship,
and receiving Religious Instruction from their respective Ministers, and according
to their respective forms of Religious Faith, and that, not only shall every facility
be afforded by the Authorities of the said University for such attendance on Religious
Worship, and such acquirement of Religious Knowledge, but, that no candidate for
matriculation, or for any Degree, who shall, at the time of his application, be a
student in any of the different Colleges, which shall be so far aflBliated to the said
University as to be entitled to appoint a Member to the Senate thereof, shall be
received as a student, or admitted to a Degree in the said University without
possessing such Religious requisites as may be prescribed by the constituted
Authorities of the aflfiliated College to which he belongs, and which, according to
his standing in such aflaiia*ed College, he shall, by the rules and [ Statutes ] Regula-
tions thereof, be requiied jO possess.
Provided always, nevertheless. Firstly, that no part of the funds of the said
University shall be expended for any such purpose, but that it be left to the
Authorities of each Denomination of Christians to provide for the Religious In-
struction of its own adherents attending the said University, or members thereof ;
and provided also. Secondly, that nothing herein contained shall extend, or be con-
strued to extend, to empower the said University, by Statute, or otherwise, to
compel any person to become a member of such affiliated College as a condition
precedent to his being matriculated, or admitted, to any Degree in the said Uni-
versity, or otherwise howsoever.
II. And, for the like reason, it is hereby further declared and enacted by the
authority aforesaid, that it hath been, now is, and, at all times hereafter, shall
continue to be fully competent to, and for, the said College and Royal Grammar
School of Upper Canada College, by Statute, either Collegiate, or Visitatorial, to
be passed for that purpose, to make any similar Regulations for the like purposes
and subject to the like limitations and restrictions.
III. And he it enacted. That notwithstanding anything in the said Act of Par-
liament contained, nine members of the Senate of the said University shall form a
Quoi-um thereof for the despatch of hudness.
IV. And be it enacted, that it shall at all times be lawful for the Caput of the
said University, in reporting upon ^testimonials of candidates for any vacant Pro-
Act of 1849 may ""*"* ^^xxivcxoxi-j, m lepurtiiig upon 'estimoniais or canaiaates lor any ,
report the names fessorships, as directed by the Twenty-Fourth Section of the said Act,
to report
Chap. II. EDUCATIONAL ACTS PASSED BY THE LEGISLATURE OF CANADA. 51
also the names of any men of distinguished literary, or scientific, reputations of eminent men
whose acces3ion to such Chair would, in their opinion, be an acquisition to the pub- ^ept the Chair ;
lie character of the University as a Seat of Learning, and who they have ascertained, and, if the Sen-'
or have reason to believe, would accept of such, if offered to them; and, thereupon, Governor ma'^^
the Senate of the said University, if they shall concur in that part of the Report of in°his^d?Jcretion
the said Caput, shall report the names of such Persons, or of those ot them, with appoint one of
respect to whom they shall so concur with the Caput, to the Governor of the Pro- port"dt" ^° ^^'
vince, with those of the three Candidates required to be transmitted to him by the
said Twenty Fourth Section of the said Act, and, in every such case, it shall, and
may, be lawful for the Governor, if he shall deem it expedient so to do, to appoint
any one of those Persons to such Chair, who may be willing to accept thereof,
instead of appointing to the same any of the three Candidates, whose names shall
have been so transmitted to him, as aforesaid, anything in the said Twenty Fourth
Section of the said Act to the contrary notwithstanding.
V. And be it enacted, That it shall, and may, be lawful for Her Majesty, from instituki^Regius
time to time, by Letters Patent, under the Great Seal of the Province, to institute, Professorships
establish and endow such, and so many, Regius Professorships in any of the ^V^ht^^s Tant d
Faculties of the said University, as She shall think fit, and, from time to time, by tcfotiier Pro" ^
Letters Patent, under the Great Seal of the Province to appoint some fit and pro- fessorships.
per Person to such Regius Professorship ; and to every such Professorship, and to
the Person who shall fill the same, shall belong all and singular, the like rights,
powers and privileges which shall be attached to, or be vested in, the other Profes-
sorships and Professors of the said University respectively :
Provided always, Firstly, That no such Regius Professorship [or Lectureship,] ^'"'^P^^-
shall be so instituted without an endowment, either by charge on the public Pro- requisite.^ ™^"
vincial Revenue, or by invested capital in Land, or other Property, not at the time
forming any part of the property of the said University, but sufficient to secure to
the holder thereof an income equal, at least, to that of the smallest salary assigned
by Statute of the said University to any of the Chairs on the foundation thereof in
the same Faculty to which such Regius Professorship may be attached, or unless
such Salary shall have been voted amongst the other annual votes for educational
purposes upon the Estimates sent down to Parliament by the Crown ; and provided ^'■ov^so.
also. Secondly, That every such Regius Professorship and Regius Professor shall be
subject to all and singular the Statutes, Rules and Ordinances of the said Univer- ?'"^*!®^p'' f"^'
sity, and be entitled to all and singular the same rights, powers and privdeges, as any ^^^ ^ " ^^'
other Professorship, or Professor, in the eame ; and Provided, also. Thirdly, That Proviso: ap-
the appointment to all such Chairs shall be made by the Crown of its mere motion, made"J«'mero ^^
and during its pleasure, without the necessity of any Report from the Caput, or moter and dur-
Senate, as provided with respect to the Chairs on the foundation of the said ^^^ pleasure.
University.
VI. And be it enacted, That it shall, and may, be lawful for Her Majesty, from The Crown may
time to time, by Letters Patent, under the Great Seal of the Province, to found, endow Lecture-
institute, establish and endow such and so many Lectureships, Fellowships, Scholar- ships.
ships, Exhibitions, Prizes and other Rewards in the said University as She shall
think fit, and to prescribe, in such Letters Patent, all such Rules and Regulations
as She may think proper, for the appointing to, and conferring of, such Lecture-
ships, Fellowships, Scholarships, Exhibitions, Prizes and other Rewards, all which
Rules and Regulations the Authorities of the said University are hereby required
to observe and give effect to, as, in the said Letters Patent, shall be directed.
VII. And be it enacted. That it shall and may be lawful for any person, ^ndc*^^"?^
or persons, bodies politic, or corporate, whomsoever, to found such, and so many, tSnsm^^ found
Professorships, Lectureships, Fellowships, Scholarships, Exhibitions, Prizes and and endow
other Rewards, in the s.;.id University, as they may think proper, by providing a aM L^ture?^'
sufficient endowment in Land, or other Property, and conveying the same to the ships, and sue
Chancellor, Masters and Scholars of the said University, in trust, for the said pur- p^L^t^^^^'L^
pose, and, thereupon, suing out Letters Patent from the Crown, instituting, estab- ushfng the same
lishing, and endowing the same with the Property so provided for that purpose, as
aforesaid, in all which Letters Patent shall be set forth such Rules and Regulations
for the appointing to and conferring of such Professorships, Lectureships, Fellow-
ships, Scholarships, Prizes, or other Rewards, as the respective Founders, thereof,
with the approbation of the Crown, shall think fit to prescribe for that purpose, all
which Rules and Regulations the Authorities of the said University are hereby
required to observe and give effect to, as, in the said Letters Patent, shall, be direc-
ted :
52
DO^MMENTARY HISTORY OF EDUCATION IN UPPER CANADA.
1850
Proviso : such
Professorships
not to give a
seat in the
Senate.
Quorum of
Senate may be
fixed by Statute.
(Omitted)
{Omitted
Section)
Section 12 of the
Act of 1849 not
to be aflfected.
Third proviso
of Sec. 58 of Act
of 1849 to ap-
ply to certam
Statutes of U. C.
College.
Certain moneys
to be receivable
and collectable
by the author-
ities of U. C.
College, under
sec. 77 of t;he
Act of 1849.
Subject to
certain
deductions
Provided always, nevertheless, That none of such Professorships upon private
foundation shaU entitle the holder of the Chair of such Professorships, for the time
being, to any seat in the Senate of the said University, or other share in the govern-
ment thereof, unless the same shall he especially ccytiferred upon such Chair, or Pro-
fessor by a Statute of the said University, either Visitatorial or Senatorial, to be
passed for that purpose.
[VIII. And be it enacted. That, notwithstanding anything in the said Act of
Parliament contained, the said University of Toronto shall and may, from time to
time, by Statute, either Visitatorial or Senataorial, to be passed for that purpose,
provide, determine and direct, how many, and what, members of the Senate of the
said University shall form a Quorum thereof, for the despatch of business :
Provided always, nevertheless, that such Quorum shall not, by any such Statute, be
made to consist of less than nine Members of such Senate.]
VIII. And be it enacted, That nothing in the three next preceding Sections of this Act
contained shall affect, or be construed to affect in any way the Twelfth Section of the said
recited Act of {of 1849), but that the provisions of the said three Sections shall, to all intents
and purposes whosoever, be subject to, and limited by the provisions of the said Twelfth
Section, as if it had been inserted in this Act.
IX. And be it enacted, That the third proviso to the Fifty Eighth Section of the
said Act shall apply to such Statutes, Rules and Ordinances of the College Council
of the College and Royal Grammar School of Upper Canada College, as have been,
or shall be, passed by that Body, for prescribing, or regulating, the general duties
of the Principal, or Masters, of the said College, or others employed to teach there-
in, in their respective Collegiate employments, or for prescribing the Course of
S udy to be pursued, or the Discipline to be observed in the said College and Royal
Grammar School, and to none others.
X. And be it enacted. That all sums of money received by the Bursar of the
said University for, or on account of the said College and Royal Grammar School,
at any time since the Royal Assent was given to the said Act of Parliament, and all
debts of what nature, or kind, soever, at the time when such Assent was given to
the said Act, due to the said College and Royal Grammar School, or in which such
College and Royal Grammar School was then, or at any time after, beneficially in-
terested, shall be deemed and taken to be available to, and collectable by, the Prin-
cipal, Masters and Scholars of Upper Canada College and Royal Grammar School.
in the same manner as the debts mentioned in the Seventy-Seventh Section of the
said Act, are thereby declared to be recoverable, subject to the deduction therefrom
of all moneys which since the Royal Assent was given to the said Act, shall, or may
have been paid by the said Bursar for, or on account of, the said College and Royal
Grammar School.
ANNO TERTIO DECIMO ET QUARTO-DECIMO : VICTORIA REGIN^: CAPUT XCI.
An Act to providb for the payment of the sum of money therein mentioned,
the usb and support of three additional grammar schools in the county
OF York, for the year One Thousand Eight Hundred and forty-nine.
FOR
The Earl op Elgin and Kincardine, Governor General of British North America.
Preamble
4 and 5 Victoria,
chapterl9, 1841.
Passed on the 10th of August, 1850.
Whereas in and by an Act passed in the Session held in the Fourth and Fifth
years of Her Majesty's Reign, and intituled : An Act to make temporary provision
for the appropriation of the funds derived from the sale of School Lands, in that
part of the Province formerly Upper Canada, and for other purposes,* as amended
by an Act passed in the Ninth Year of Her Majesty's Reign, and intituled : " An
ter iT'Se^^*^ ^^y ^^ amend the Act therein mentioned, relating to the appropriation of moneys
derived from the sale of School Lands, in Upper Canada, "f it was, amongst other
Case recited. things, in effect enacted, That it should be lawful for the Governor in Council to
authorize a sum not exceeding One Hundred pounds, (£100,) per annum for each
School, out of the moneys arising from the sale of the School Lands in the said first
above cited Act mentioned, to be paid to the Board of Trustees for Grammar
Schools in any District in Upper Canada, for the use and support of two other
Schools than the one in the Town where The Court House is situated, in any Town,
Township, or Village, within any of the Districts aforesaid, in which the inhabit-
* U^'^ ^^^ " printed on pages 55, 56 of the Fourth Volume of this Documentary Historj'.
t This Act is inserted on page 58 of the Sixth Volume of this History.
Chap. II. EDUCATIONAL ACTS PASSED BY THE LEGISLATURE OF CANADA. 53
ants should provide a suitable School House, at which not less than thirty scholars
should be educated, provided that any such additional School should not be within
six miles of the District Town ; and provided also, that nothing in the said first
above cited Act should prevent the Governor-in-Council from extending such aid
to four Grammar Schools, (including the said two,) other than the one established
in the District Town, should it be deemed expedient.
And whereas His Excellency the Governor General- in -Council did, on The Provisional
Twenty-ninth day of November, One Thousand Eight Hundred and Forty- eight, G^J^*;^ar^^'^^^
authorize the Board of Trustees for Grammar Schools in the Home District, to pro- Schools.
pose a grant for Seventy-five pounds, (£75,) to each of the Villages of Streetsville,
Whitby and Newmarket, within the said District, being distant respectively, more
than six miles from Toronto, the District Town, for aiding to support Masters of
Grammar Schools, provided such Masters should be established in Buildings per-
manently appropriated to such Schools during the year One Thousand Eight Hundred
and Forty- nine :
And whereas such a Master was established in each of the said Villages, in a Less than 30
Building permanently appropriated to such a School, during the year One Thousand Scholars.
Eight Hundred and Forty-nine ; but, owing to the number of Scholars educated at
each of the said Schools, during the said year, having been less than thirty, the
above mentioned sums of Seventy-five pounds, (£75,) cannot lawfully be paid to
the said Board of Trustees for the use and support of the said Schools, but it is just
and right, under the circumstances of the case, to enable The Governor General-in-
Council to authorize the payment thereof :
Be it therefore enacted by the Queen's Most Excellent Majesty, by and with
the advice and consent of the Legislative Council and of the Legislative Assembly
of the Province of Canada, constituted and assembled by virtue of, and under the
authority of an Act passed in the Parliament of the United Kingdom of Great
Britain and Ireland, and intituled : " An Act to Re- unite the Provinces of Upper Act of 1840.
and Lower Canada, and for the Government of Canada," and it is hereby enacted
by the authority of the same, — That it shall, and may, be lawful for the Governor Governor in
General-in-Council to authorize a sum of Two Hundred and Twenty-five pounds, auUiOTLe^pav-
(£225,) out of the moneys arising from the sale of the School Lands in the said first ment of £225.
above cited Act mentioned, to be paid to the Board of Trustees for Grammar
Schools, in the County of York, for the use and support of the three additional
Grammar Schools above mentioned, for the year One Thousand Eight Hundred
and Forty-ninel; any thing in the said Acts, or in any other Act, or law, to the
contrary thereof, in any wise, notwithstanding.
ANNO TERTIO-DECIMOET QUARTO-DECIMO: VICTORIJE REGINJE CAPUT CXLUI.
An Act to authorize the Removal op the Site of Victoria College from Cobourg
TO Toronto.
The Earl op Elgin and Kincardine, Governor General of British North America.
Passed on the 10th of August, 1850.
Whereas it hath been represented to this Legislature that the objects and use- Preamble,
fullness of Victoria College would be greatly promoted by the Site of the said Col-
lege being removed from the Town of Cobourg, or its vicinity, to the City of Toronto,
or its vicinity.
Be it therefore enacted by the Queen's Most Excellent Majesty, by and
with the advice and consent of the Legislative Council and of the Legislative
Assembly of the Province of Canada, constituted and assembled by virtue of and
under the authority of an Act passed in the Parliament of the United Kingdom of • t a t f
Great Britain and Ireland, intituled : " An Act to re-unite the Provinces of Upper isS^"*
and Lower Canada, and for the Government of Canada," and it is hereby enacted
by the authority of the same —
I. That it shall and may be lawful for the Board of Trustees and Visitors of
the College incorporated by an Act of this Province passed in the Session held in
the Fourth and Fifth Years of Her Majesty's reign, and intituled : "An Act to incor-
porate the Upper Canada Academy under the name and style of ' Victoria College," yjc^ria Coileo-e
if at any time they shall deem it expedient to remove the Site of the said College Act of 1842. "
from the Town of Cobourg, or its vicinity, to the City of Toronto, or its vicinity,
and to establish the same at, or near, the said City of Toronto, and all the provisions Removal of Coi-
of the above cited Act of the Parliament of this Province, shall be and remain in lege to Toronto
full force, and shall apply to the said College at, or near, the City of Toronto, as authorized,
they have heretofore applied and do now apply to the said College at or near the
Town of Cobourg.
•
54 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
f
CHAPTER III.
THE HONOURABLE FRANCIS HINCKS' TEST OF PUBLIC OPINION, IN
REGARD TO THE COMMON SCHOOL ACTS OF 1846, 1847 AND 1849.
At the suggestion of the Reverend Doctor Ryerson, the Baldwin Government
decided to suspend the operation of the Cameron Common School Act of 1849.
To the Honourable Francis Hincks, Inspector General, was assigned the duty
by the Government, of submitting a new School Bill, to the Legislature. Before
doing so, he addressed a Circular Letter, dated the 9th of January, 1850, to the
County Common School Superintendents, to Teachers and others in Upper Canada,
asking their opinion on the general subject of School Legislation, and, particu«
larly, in regard to the operation of the School Acts of 1816, 1847 and that of 1849 .
On receiving the replies to his Circular, Mr. Hincks sent them to Doctor Ryerson,
for his information, and as suggestions to aid him in the preparation of the
School Bill of 1850, — which the Inspector General proposed to take charge of in
the House of Assembly.
I have reproduced here all the more important and suggestive ro plies to his
Circular, which were received by Mr. Hincks. For the greater convenience in the
classification of these replies I have divided them into four groups, or parts. Pari
I includes the replies received from County School Superintendents; Part II,
those received from Teachers and Teachers' Associations ; Part III includes the
Letters on the subject received from private parties, to whom Mr. Hincks had sent
his Circular. All irrelevant and extraneous matter has been omitted from these
replies.
GENERAL CORRESPONDENCE ON THE COMMON SCHOOL ACT, WITH SUGGES-
TIONS AS TO A NEW SCHOOL BILL, 1850.
PART I. REMARKS AND SUGGESTIONS BY COUNTY SCHOOL SUPERINTENDENTS.
[I. SUGOBSTIONS AS TO A PROPOSED COMMON ScHOOL BiLL, 1850. By Mb. J AMES HaLL, M.P.P.
FOB THE County of Petebborough.]
1. Constitute a County Board, to consist of (say) seven Members, — four chosen by the County
Council, three appointed by the Government.
Its Duties .-—To examine Masters as to Qualification and Moral Character ; give Certificates and
cancel them ; to name what Text Books shall be taught, to make General Rules for the Schools ; to
hear and finally determine all disputes between Masters and others.
2. To have a Secretary, whose salary should be fixed and paid by County Council ; such Secretary
to be also County Superintendent of Schools.
His Duties .'—To examine and report on the state of Schools at least four times a vear ; to appoint
Masters from certified candidates ; to receive complaints against Masters, as to character and neg-
lect of duty ; to suspend, or dismiss such Masters as are found incompetent, or unworthy ;— such
Masters to have a right of appeal to the Board. Dismissal of a Master to operate as an annul-
ment of his certificate ; to see that the Text Books are taught and the General Rules of the
Uoard are adhered to ; to give Masters orders on the Township, or County, Treasurer for salary, and
make reports, as provided in the present Act.
Chap. III. PUBLIC OPINION ON COMMON SCHOOL ACTS OF 184-6, '47- '49. 55
3. School Trustee-s Duties : — To provide for the wants of the School House by a rate on the pro-
perty in the School Section ; to see that the Master faithfully performs his duties ; to report to Sec-
retary-Superintendent all observable faults.
4. Treasurers of School Moneys : — To receive all School moneys from the Government, or other-
wise ; and to pay the School Masters on the order of the Secretary-Superintendent.
5. Toionship Council : — To hold all School property ; to provide for the building and repairing of
School Houses 63' a rate on the property or the School Section.
6. General School Rate Instead of a Rate-Bill on parents in each School Section, as at present,
let the County Council levy a general rate on the County, adequate to an equivalent of the Govern-
ment Grant, and also sufficient to raise the salary of each Master to a reasonable amount. Let this
money be paid to each School Treasurer, and, with the Government Grant to form a fund, out of
which each Master shall receive his salary, payable on an order given to him on the Treasurer by the
Secretary-Superintendent.
In addition to this salary let each Master be entitled to receive from each scholar attending his
School a small quarterly fee.
7. Grammar Schools to be under the control of the Board, and to be subject to the same Regula-
tions as other Schools.]
II, The Reverend Charles Fletcher, Goderich, with the Views of Experienced Persons
ON School Matters.
1. I have obtained the views, (as many as possible,) of persons experienced in School matters,
upon the School Bill of 1849, so that my statement might not be a mere declaration of my own
individual opinions —
2. I think the establishing of County Boards of Education, in the room of one Central Board at
Toronto, is a great improvement. A Central Board, at Toronto, must make a considerably extended
list of Text Books to meet the wants of Schools in every variety of circumstances. This list will be
no sufficient index to those, who would be inclined to purchase stocks of Books for the supply of
Schools. This evil has already been experienced in the united Counties of Huron, and elsewhere, not
only have parents been reluctant to pvirchase new School Books of the proper kind, but, in those cases
where there was every desire to have the most approved Text Books and Apparatus, the question has
been always put, where can we find those Books, etcetera ? We cannot send to Toronto, or Hamilton,
for them, and the declaration of the Store-keepers is, that they cannot afford to purchase a stock from
so extended a list, as that required, as indicated, because a large proportion of these Books might be
left upon their hands I have no sympathy with the fear, that the action of County Boards would,
in any degree, disturb the uniformity necessary to the efficient carrying out of the Normal School
System. The influence of that Institution on the minds of all the Teachers, trained at it, is in
favour of that system, and the Text Books used there, will be sought for, so that that influence will
be deepened, and rendered subservient to the interests of Education, by ev^ery man of intelligence and
liberality. . . .
(Note. I have omitted the remaining part ot this letter, as it deals theoretically, rather than
practically, with the powers of School Teachers, and other matters.)
III. The Reverend W. H. Landon, County School Superintendent, Woodstock. — Loans
for Building School Houses.
I would recommend that the several Boards of School Trustees shall be empowered to borrow
money to build, or exchange, School Houses and Teachers' Residences in their School Sections respec-
tively. The advantages of such a provision will, I trust, be sufficiently obvious.
To erect a comfortable and substantial Building for a country School, and to furnish it with the
most necessary fixtures and appendages will cost, on the average, aboutOne Hundred pounds, (£100.)
This extra amount, if collected in a country School Section in a single year will, in many cases, bear too
heavily upon the people, and, consequently, it is seldom that they can be induced to submit to it :
and they generally, therefore, expend on their School Buildings only about half that amount. The
consequence is, that most of the country School Houses are inconvenient and ill-adapted for the
purposes for which they are intended. Besides, they are shabbily put together, and so frail in their
structure, that the additional amount which should have been expended upon them at first, is re-
quired in the course of a few years in the form of repairs, in order to keep them in a state at all
habitable. %
But, if Trustees could be authorized to borrow money, as here proposed, it is believed that a
better class of Buildings would generally be decided on. To raise a hundred pounds by loan, to be
paid off in twelve years, would be, comparatively speaking, but a light affair even for the new and
poorer School Sections; while in those which are more wealthy the people would be encouraged to
erect buildings of a better and still more expensive description. In many, if not most, places, too,
enterprising and public spirited individuals would be found who would build these edifices and receive
their pay as the money would be collected under the operations of the By-law.
56 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
Resolutiox on Education, adopted by 'the Municipal Council of the Brock District, and
founded on the foregoing letter to the inspector general of the county school
Superintendent :
Resolved 1, That the Reverend W. H. Landon, County School Superintendent, be requested to
read to this Council the suggestions as to the alterations of the School Law, contained in a Letter
from him to the Honourable the Inspector General.
Resolved, 2 That this Council fully concur in the recommendation of the Superintendent of
Schools for the late District of Brock, in reference to amendments necessary to be maae in the School
Law in this Province, as contained in his Letter to the Honourable the Inspector General which has
just been read. In amendment it was : —
Resolved That the suggested alterations in the Common School Act, read by the School Superin-
tendent be referred to a Select Committee of five to report to this Council at their earliest con-
venience.
The Select Committee to whom was referred the Letter of the School Superintendent reported to
the Council as follows : —
The Select Committee to whom was referred the Report of the late Superintendent of Common
Schools for the District of Brock, relating to the suggested alterations in the present Common School
Act, beg leave to report : —
That, having examined the Report referred to above, as it respects the inquiries of the Honour-
able Inspector General, concur in the chief alterations proposed in said Report, but would recommend
that, instead of giving power to Boards of Trustees to levy taxes on the property of the School Sec-
tion for paying Teachers' wages, it should be- made the duty of such Boards to place a uniform Rate-
Bill upon the children between the ages of five and sixteen years residing therein, with power to
charge reasonable fees on those pupils who are over sixteen and under five years of age, who attend
the School. This Report was adopted by the Council on the 29th of January, 1850.
IV. The Reverend William Clarke, School Superintendent of the County of Norfolk,
ON the Cameron School Act of 1849.
You have done well in resolving to reconsider the Malcolm Cameron Common School Act of last
Session. That this is the decision of the Government has given much satisfaction to all parties here,
who take an interest in the great subject of Education, and it is very generally considered that the
Camenm Act of 1849 should be superseded as early as possible, as being ill-adapted to promote the
objects intended by it.
I am not aware that, in this County, any desire has been manifested that Township Superintend-
ents should supersede the County one. The people generally are well satisfied with the present
arrangement for the supervision of their Schools.
It must not be forgotten that Township Councils will naturally prefer to give the appointment to
persons residing in their own Townships, and there are many Townships where a really competent
person cannot be found. In either case, whether you provide County, or Township, Superintendents,
the appointment should be given to the County, rather than to the Township Councils, as being much
more likely to secure competent and efficient Officers.
The idea of County Clerks preparing the annual report, and forming the medium of communica-
tion with the Education Office and the local department is too inappropriate to be seriously enter-
tained. The preparation of the County Annual School Report requires not only the greatest care,
but also a particular local knowledge of School matters in the individual Sections, and the person
preparing it, (if such documents need corrections,) must be familiar with the detail of school opera-
tions, and be thoroughly interested in the progress of education of his County.
The local School Superintendent, under the provisions of the Cameron Act of 1849 would be a
great somebody and a small nobody. He would have, under that Act, no control over the Teacher ; he
could not give a Certificate of Qualification, even of a limited character, nor could he annul one.
This restriction on necessary powers, (as well as others,) would prevent highminded and competent
persons from accepting the office of Local Superintendent.
Thb Writer of this Letter Suggests Some Amendments in the Act of 1846.
I have had a good deal of experience as the Superintendent of Common Schools in this Municipal
District for the past six years ; and I am happy to testify that the School Act of 1846, under the
efficient Provincial superintendence of the Reverend Doctor Ryerson has contributed very much to
the advancement of the educational interests of this part of the Country. To that gentleman Canada
West is much indebted for bis able and untiring services. That Act^ upon the whole, is regarded
with very general favour. May I say to you let us " let well enough alone." Let such additions be
engrafted on the Act of 1846 as are dictated by sound judgment and practical experience. Facilitat-
ing the education of the Country is certainly jeopardized by the continual changes which are
calculated only to perplex and distract the public mind.
If the Free School System can bs universally carried out, it would be well to make such a disposi-
tion of the School Fund as would aid the poor and small Sections. Some families of small means may
be found scattered in all the School Sections, and the wise provision of admitting gratuitous pupils
Chap. III. PUBLIC OPINION ON COMMON SCHOOL ACTS OF 1846, '47,-'4-J). 57
may very properly be continued. There is generally some forfeited School Money in the hands of the
Superintendents, which might be disbursed at their discretion in aid cff the poor and small Sections,
as indeed is now the case, under the direction of the Chief Superintendent of Education.
I would respectfully submit that the provision of School Visitors be continued. The fact that all
Clergymen, Magistrates and Municipal Councillors are legalized School Visitors gives them not only a
right, but lays them under some obligation, to give their countenance and counsels to the Schools in
their immediate vicinity, which cannot but prove advantageous to both Teachers and Schools, while
it is very acceptable and gratifying to the people. This provision has been productive of good during
the past three years, and its omission in the Cameron School Act is a cause of just and reasonable
complaint.
The Normal School is producing a vast amount of good by improving the qualifications and raising
the standard of our Teachers, and I would strongly urge that everything should be done to sustain and
strengthen that important Institution. For this reason I would much prefer that the control over
School Books should be vested in a Central Board of Education at Toronto, and not in County Boards
of Education, as, in the latter case, there would originate a diversity and confusion which would pre-
vent advancement and destroy efficiency.
P.S. The foregoing Letter, I have by request, read to Doctor Crouse, the Warden of this County,
and he desires me to present his compliments to you, and to say that he fullj^ coincides with the
views it contains, and he, therefore, deems it unnecessary, except in this form, to reply to your
Communication. W.C.
V. Mr. Alexander Allan, School Superintendent, County of Waterloo.
Every person I have spoken to, on the subject, is decidedly in favour of the control of the School
Books being lodged in the Provincial Central Board at Toronto, not only for the sake of uniformity in
the system, but from the characters of the individual members of the Board, whose qualifications
would be known to Members of the Administration.
(Note. — Mr. Allan next proceeds to criticise in detail the Cameron School Act of 1849 ; but, as
that Act never went into operation, these criticisms were found to be of no practical avail in construct-
ing the new Act of 1850)
VI. Mr. p. Thornton, School Superintendent, Gore District — His School Act Criticisms.
I approve of the general principles of the Cameron Act of 1849, though I dislike some of its
details. . . .
Concerning the selection of Text Books, I would decidedly prefer the choice being vested in the
Central Board. It will be more efficient, and tend more to a uniformity of system.
It may, in some instances, prevent emulation in the way of improving Text Books, but that will
be more than overbalanced by uniformity, which is of great consequence in a Country, where there is
so much moving from place to place.
I have felt the efiect of divided attention, caused by School law Legislation for the last three
years. Three years of the District Superintendent's labours did more in 1844, 1845 and 1846 than
could have been done in five or six years by this last Act of 1849.
The County School Superintendent would be left, as he should be, to devote his undivided atten-
tion to the advancement of education. Such Superintendents should all be practical men, and every
one of them should have a Model School under his control, to which no Teacher should be appointed
without his sanction. He could then say to the Teachers under his superintendence " Come and see,"
instead of having to do all by precept, as hitherto.
The effect of this want I felt practically ere I was a Superintendent, when I was President of a
Society ot Teachers for improving education. Give me a manageable School Circuit and the charge of
a Model School in it, as here proposed, and I am ready to pledge my honour, that I shall produce more
efficient Teachers without being any burden on the public funds than is produced by the present
expensive Normal School system.
Township Superintendents, as was proposed in the Act of 1849, would never work out an improved
system of Education. To this the Township Councils are giving ample proof. Men are being
appointed to the Office of Township Superintendent, who are much inferior to the Teachers to be
superintended. Two points rule the elections, — convenience and cheapness.
No individual, or Board, should be allowed to interfere further with a School than to advise gen-
eral Rules and Regulations. The internal discipline of the School is the sacred right of the Teacher.
The Local Superintendents of Schools should be the only persons allowed to give Certificates of
Qualifications, or a County Board, of which the County Superintendent should be a Member, and
without which County Boards will be worse than useless. Without the power of certifying and
annulling Certificates of Qualification no Superintendent can be fully efficient. He has no power over
the Teachers, — is reduced to the character of a spy, merel}^ to report what he sees and hears. I know
too well the working of the old District School Boards to place any confidence in such a mode of
qualifying Teachers. They may, however, be made useful appendages to the Superintendency.
58 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
Let the Teacher's profession be raised to the rank it ought to hold, and then there will be no diffi-
culty in the way of worthy men getting employment in it. The system, as now practised in Canada
West, is really degrading the profession, and lowering, rather than raising, the standard of qualification.
When I say so, I speak advisedly, and from experience. The public funds are frittered away to
entice men into the profession who have little talent and less inclination for it. They may teach, per-
haps, a few months and then turn themselves to their favourite pursuit, careless of the public interest,
after having been educated at the public expense.
Criticism on the Provincial Normal School, as Managed.
I would now turn to the principal object of this Communication, — namely to make some observa-
tions with regard to the Normal School.
I think that all who wish to see an improved system of juvenile training will agree that a Normal
School is necessary. But it is to my mind equally clear, that the one we have is on a false basis, and the
course at present followed must fail in producing the desired effect. The plan is impolitic, inasmuch
as it induces improper persons to enter the profession by hiring them to take education for a business
for which they have no inclination farther than to get a piece of bread.* It is unjust to the Country
in general, and to Teachers, in particular, inasmuch as the public money is laid out for the purpose
of boarding and educating persons, many of whom care not for the young, and who will leave the
profession just as soon as they can procure employment more congenial to their feelings. But, it is
particularly unjust to Teachers, as it fritters away the public funds on which many of them depend
chiefly for any little ready money they get for their support, and it forces them indirectly to pay for
boarding and educating persons to supplant themselves, not so much on account of their higher quali-
fications, as having a higher name and more patronage. As I stated to you before, make the Teacher's
profession worthy of edacated men, and there will be no difficulty in procuring educated men for the
profession, any more than for the other learned professions.
The present Normal School course must fail in procuring the desired effects, so long as the per-
sons under training for Teachers are allowed, or rather forced, to skim over as many subjects in one
Session, as, for any practical purpose, would rationally take two or three years : and, besides, it is
hurtful to the persons themselves through life. Being overpushed they become so far disgusted with
the Books they have gone over, so that they cannot again enter heartily on the examination of the
subjects they contain, except it be in the pursuit of some favourite hobby, — some of the Normal School
Students have confessed this to me. But what is probably still more detrimental, it trains them to
be content with superficial views of the most important subjects
It is generally more easy to find faults than to suggest remedies. How is the matter to be
amended ? The answer to this question will depend upon what the Normal School is to do. Is it
both to educate and train Teachers, or merely to train to the science and art of teaching ? As at pre-
sent constituted, it has been shown that it is inadequate for both, and it is already too expensive for
such a new Country. If it is merely to train teachers for their profession, the expense m3,y be lessened
and yet be made efficient for the end in view, and this agrees with the views of our most enlightened
practical Teachers. I maj add that it coincides with my own in the present standing of the Country.
Taking this view of it, all that would be necessary would be a Professor of the Science and Art of
Teaching and of School Economy.
It would be the business of the Professor to lecture on the Science and Art of Teaching, — go with
his Students to the Model School, supervise their practical operations, and criticize them on his return
to the lecture room.
The Model School should be one of the Common Schools in the City, suitably fitted up and so
conducted as to render it in reality a Model. It would receive its share of the public funds, and, if
judiciously located, would nearly, or altogether, support itself. Then the only expense of the Train-
ing School would be the Professor's salary, which would be regulated according to circumstances. He
would be at liberty during some months every year for the purpose of visiting County Model Schools,
and for collecting and distributing general information regarding the working of the School System,
etcetera.
VII. The Reverend John Climie, School Superintendent, Township of Darlington. — Criticism.
In regard to the proposed Bill of this year, on the Common Schools, now before the House of
Parliament, I beg to submit to you a few thoughts of mine on said Bill. It is generally believed by
leading men of all shades of politics, that Doctor Ryerson has had a great deal to do with the getting
up of this Bill, consequently my remarks on it will not be felt by you to be personal.
(Note.— Here follows a series of anticipated verbal criticisms on details of the School Bill of 1850)
I have just returned from visiting the Schools in this Township of Darlington, and have been
repeatedly informed that the Trustees and Schools had not been visited for six years before I paid them
a visit. So completely ignorant were the former Township Superintendents of the state of the Schools,
that I could not find any document, or report, that contained any information regarding the where-
abouts of the Schools, I had, therefore, to find out where the Sohoolhouses were in the best way I
could. 1 found a great deal of carelessness manifested about the Schools by the Trustees, and heard
manv complaints from the Teachers, and I feel satisfied that, without Township Superintendents, who
t^«,o*Jfj"" '^*?°™*«" ^ere refers to the arrangement, by which Students of the Normal School received one dollar a week,
towards paying the expenses of their board and lodging.
Chap. III. PUBLIC OPINION ON COMMON SCHOOL ACTS OF 1846, 47,-^9. 59
shall visit four times a year, and visit faithfully, little good will be eflfected by any other kind of over-
sight. And as for " School Visitors," (as the Bill before the House now provides), they are worse than
nothing (sic), as this provision blinds people, who have not an opportunity of seeing how it works in
the Country. I have not heard a single individual speak who is opposed to the Township Superinten-
dents. Many are opposed to all other kinds of Superintendents.
Whatever you do, I would suggest that you give the Township Councils power to appoint Town-
ship Superintendents, if they see fit to do so, leaving to the County Municipal Councils the power to
appoint one, or more, over all the Townships whose Councils may have neglected to do so.
I cannot help thinking Doctor Ryerson is opposed to Township Superintendents for the following
reasons : —
1. He wishes to have all the power he can have over the Schools, without local interference.
2. He knows that Clergymen generally are appointed to the office, and that Methodist Ministers
cannot act as Local Superintendents, on account of their itinerating arrangements* . . .
In Cities and Towns, perhaps, some Cliergyraen may visit Schools. Doctor Ryerson may write as
he pleases about the visits of Clergymen, and tell us how many visits the Schools of the Province
enjoyed, under the old Act of 1846, from themf . . . But how many of these Clergymen mounted their
horses, and scoured the Townships, and sat and examined for two or three hours, in each of the
Schools in the Township to which they had the honour of ministering in holy things. I have already
told vou that the most of the Schools in this Township have not been visited by anyone lawfully ap-
pointed for six years before the present one . . .
Finally, in a few words, I may say that my opposition to a great part of the present Bill now be-
fore the House, is caused by my attachment to principles that we have long laboured to establish in
this Province. The difference between centralizing power, and power extended to the people, consti-
tutes the difference between my views of what a School Bill should be, and what this one is. In other
words, we want local "Responsible Government" in Schools. Let the Township Councils be the Execu-
tive of the School Law, as far as local matters are concerned. Let us have local control in all matters,
except what is necessary to give to the County Municipal Councils, and everything will work well.
The " Chief," (if there is still to be one,) should not be allowed to interfere with local matters at all,
except for securing Annual Reports for the Provincial Government, that so they may have a full ac-
count of every matter in which they are interested, as Stewards for the Province. For, if care is not
taken to secure local independence, as far as is consistent with united Provincial effort, there will be
more trouble in the Country hereafter than ever yet has been about any School Bill since Canada
legislated on the subject. You must know that a great many of your warmest friends feel sore at
Doctor Ryerson's connection with the Common Schools, and if this Bill passes as it now stands, they
will be apt to suspect that he has power over the Government. J
VIII. The Reverend James Baird, ex Township Superintendent of Schools in the Newcastle
District. — Views of Experienced Persons.
I have availed myself of every opportunity of ascertaining the opinion of intelligent School Trus-
tees, Teachers and persons interested in the educational improvement of the Province. All with
whom I have conversed, with one exception, disapprove of the repealing, by the Cameron Act of 1849,
of those Sections of the late School Act of 1846, which provided for the appointment of Town and City
Boards of School Trustees. They think that the business of the several Schools in a Town, or City,
can be managed more efficiently, and with less trouble, by a General Board than by the separate cor-
porations of Trustees in the several School divisions of a City, or Town.
With regard to the County Boards for the examination and licensing of School Teachers, I have
been particular in my enquiries. They are generally approved of. They have expressed the most
qualified approval of all the provisions in reference to the examining of Teachers, and the giving and
annulling of Certificates of Qualification, as it would be beneficial, if the Boards act properly, in rais-
ing the standard of qualification for teaching. It must be admitted that, under the Act of 1846, some
persons disqualified, and many very poorly qualified, obtained Certificates from School Visitors and
even from Superintendents, It is not such a delicate matter for a Board of seven persons to refuse a
Certificate, as for an individual to do so. Some, however, have expressed a fear lest the selection of
Text Books by the local Boards should interfere with the uniform operation of the Normal School.
I presume it is admitted that, however well a Teacher understands the branches of education which
he professes to teach, he teaches more efficiently and comfortably from the Text Books which he him-
self has studied. I am certain it would be better for all parties were there a uniformity in reference
to good Text Books throughout the Province.
Under the late Act of 1846, Superintendents of Schools were considered to have a discretionary
power to make grants to poor Sections, over and above their kigal apportionment. The District
Council allowed me the power to make grants to such Sections, to the amount of Five pounds (£5,)
each, out of the balance of School moneys in my hand.
* An opposite opinion to this is given by the Reverend WilUam McCullough, a Methodist Minister, in his Letter on
page 70.
t This information is given in full on page 285 of the Eighth Volume of this Documentary History. The influence of
these visits is referred to on page 278 of the same Volume.
t In this connection, it will be interesting to read what the Honourable Francis Hincks said in the House of Assembly
60 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
9
The appointraent of Township Superintendents is generally approved of, if suitable persons be ap-
pointed. I, for one, though I have lost my office by the new arrangement, approve of it, in preference
to one person superintending a large Municipal District. It was impossible that one person could
examine One Hundred and Eighty SchDols,* dotted over a surface of Eighteen Hundred square miles,
make himself familiar with the state and circumstances of the Schools, settle disputes, pay out the
money, and answer the communications as he ought. There are some, however, who think that the
duty would be more efficiently discharged by County Superintendents, where the Counties are small,
or by two County Superintendents, where the Counties are large ; as Township Superintendents can-
not afford to devote that time to the Schools which a County Superintendent can, who is wholly sup-
ported by the emolument of his office. Some complain that there is no check to the Teachers' giving
a false report of the number of children and days they have attended School, as a principle for the ap-
portioning of the School Money to the several Sections ;t and some complain that whilst it is required
of the Teachers that they be morally and educationally qualified, no such conditions are required of the
Superintendents of the Schools. These statements are the result of impartial enquiry and honest
conviction apart from all political bias.
IX. Captain Benjamin Hayter, School Superintendent of the Newcastle District.
School Book Control Question.
I beg to state briefly my view of the working of the late School Act of i846.
Some diflferences of opinion naturally existed in the early part of 1847, growing out of the change
in the School law ; but I can positively affirm that general satisfaction has existed ever since in rela-
tion thereto throughout the length and breadth of the Newcastle District, but, with few exceptions in re-
gard to particular clauses whichfrequire amendment, and which, as I understand were to have been recom-
mended to the Legislature ; but not one of the required amendments suggested and submitted by Dis-
trict Superintendents to the Chief Superintendent in the Annual Report, appears to have been em-
bodied in the new Cameron Act of 1849.
Had the necessary reforms, which the School Act of 1846 required, been submitted to the Legis-
lature by the Officer presumed to be most competent, from his high official character and extensive
experience in educational affairs, the difficulty of adapting these reforms would, there can be no doubt,
easily have been cleared away by the wisdom of the Legislature.
I beg respectfully to observe that in my opinion, a discussion '* whether the control over School
Books," and so forth, " should be vested in County Boards of Education, or in the Central one in
Toronto," as an open question, would be, as it seems to me, an extraordinary discussion, firmly be-
lieving, as I do, that ninety-nine out of every hundred persons would decide for a uniformity of School
Books selected by a Central Board, as the best system of all for the speedy development of the Schools,
and the teaching of the young ; and who so proper, as the Provincial Board of Education, having to do
with the Normal School ; which Establishment is an honour and a blessing to Upper Canada.
In all the Schools which have introduced a uniformity of Text Books, great satisfaction has been
expressed.
X. Mr. Elias Burnham, School Superintendent for the County of Peterborough — County
Boards' Control of School Books.
As to the Control of the County Boards of Education, or the Central Board at Toronto, over School
Text Books, I have to state, that since the receipt of your Circular, I have shewn it to many persons
and asked their opinions upon it ; and I am bound to say, that, so far as I have been able to discern,
the prevailing force of feeling, is in favour of a distribution of the power over School Books — I think
it right, however, to state, that a frequent change in the principal machinery of the School Law, is
not calculated to produce benefit, for I find on all sides, a desire, that the system now established,
should be allowed to continue as long as possible, without great changes in the Law.
XI. Mr. William Hutton, County of Victoria School Superintendent. — Central Board's
Control of School Books.— Suggestions as to the School Bill of 1850.
I am in receipt of your Circular, with regard to the Malcolm Cameron, Common School Act
of last Session, 1849. All the intelligent Teachers and Trustees, with whom I have conversed, on the
subject, are of opinion, that that Act much requires to be reconsidered.
With regard to the question, whether the control over School Text Books should be vested in
Countv Central Boards, or in a Provincial Central Board, they seem to agree, that it should be vested
in the latter Central Board alone. And for the very important reason, that, unless there be uniformity in
the School Books, as well as in system, the Teachers, (who are constantly moving from place to place, ^
cannot be so efficient, as they might find a variety of Text Books, with which they are unacquainted^
. m every new County into which they might remove. It adds greatly to the facility and efficiency of
*The Law of 1850 limits the number of Schools under one Superintendent to One Hundred,
f K a P®!^^*'*^-^'^'^*'!!? ,^^*[^" o' the Common School Act of 1850, (page 48) amply provides every protection possible for
scnooi l-nind, and for the punishment of dishonesty and faithlessness on the part of those who make the official returns,
on which the School apportionment is based.
Chap. III. ruBLic OPINION on common school A.CTS OF 1846, '47, '49. 61
teaching, when the Teacher is thoroughly acquainted with the Text Books in use . The very excellence,
of the Irish National School Books, shows the value of concentrating the knowledge of a few choice
men for their compilation ; and why not carry the principal out for their diffusion ?
If the choice of School Books were left to County Boards, Scotchmen would probably be for
Chambers' Educational Course, Canadians and Americans, for Cobb's, Morse's and Onley's publications,
and so on ; but the value of uniformity is too great to risque the choice to any but to competent
chosen men who can judge without national, or early educational, prejudices. And that, the present,
excellent Provincial Board of Education has done ; so that we have ample proof on the subject.
I think the Cameron School Act could be greatly simplified. It will be quite sufficient to allow
Trustees to exempt indigent persons, of the Sections, from paying Rate Bills, if they think proper as
the Sixth Section provides a reserve fund for poor schools.
The Township Superintendent should be dispensed with. The materials for good Superintendents
of Townships are not yet in the Country. The pupils now, in very many of the Schools, are better
educated than the men who would be chosen as Township Superintendents of Schools, they ought to
wait ten years before they introduce such local Officers. County Superintendents might be appointed by
the County Councils at twenty shillings for each School Section, if the Superintendents visit the Schools
twice a year and lecture in them ; but the County Councils ought to be obliged to pay that sum per
School, or they will not be able to get competent men as County Superintendents.
I think the County Superintendent ought to be ex-officio one of the Trustees of the Grammar
Schools, as the more he sees of all the Schools, as the dove-tail into each other, the more he can com-
pare and adapt the one to the other, I would not control the line of study in Grammar Schools, as the
Teachers of these Schools must adapt their course to the requirements of University Students, — most
of his classical pupils being destined for the University.
The old Act of 1846 is infinitely superior to this one of 1849, and was becoming well understood
and very popular, where the County Superintendent was zealous and efficient ; it required very few
amendments.
XII. Mr. Thomas Donnelly, School Superintendent, District of Prince Edward.
I have deemed it my duty, in accordance with your request, to take pains to obtain " the views
of the most intelligent Common School Teachers and Trustees regarding the Act of 1849."
All whom I have consulted agree, that, taken as a whole, the new Act is an improvement, though
there are some things which require amendment.
The duties of Trustees should be lessened and simplified, there is a general complaint on this
head.
As the Councils, under the Act of 1849, and not the Township Superintendent, are to make the
apportionment of money to the Schools, the latter is not to examine, or grant Certificates of Qualifica-
tion to. Teachers, since he has, under that Act, no authority to enforce any of his recommendations.
As little, therefore, remain, for him to do but to examine Schools and deliver his Lectures, I would re-
commend the abolition of the office, as there are comparatively few Townships in which are to
be found men capable of delivering Lectures, which might be likely to be productive of much good, and,
at the same time, who might be able and willing to do it.
While, in some of our Common Schools, (by way of contrast,) Algebra, Geometry and the Classics
have been taught, the infant has learned to lisp his A. B. C. in the Grammar School ; a very general
feeling has obtained throughout the Province, that these latter Institutions have not answered the end
proposed in their foundation, an objection that would be removed by making them the stepping stones
from the Common, or " Superior," School to the College, or University.
With regard to the principal question of your Circular — in reference to Text Books, — I desire to
say that all, with whom I have conversed on the subject, with one exception, have declared in favour of
vesting the control over School Books in a Central, or Provincial, in preference to a County, Board.
Yet I am free to confess my own views are in favour of the latter, as it would ensure uniformity enough,
and School Books of a standard character would not be confined to one County, but would necessarily
obtain that circulation to which their merit entitled them*. It is paying but a poor compliment to the
Normal School, to suppose that its graduates can use but one set of Books, without having their use-
fulness impairedf. This Institution, calculated, as it is, to do so much good in raising the standard of
Common School Education among our rural population, will have another difficulty to contend with,
more likely to clog its efficiency than a diversity Text Books : I mean the desire for " cheap Teach-
ers", which is so prevalent at present, and which, if it continue, cannot fail to bring down the rate of
remuneration so low as to drive from the business all who are fit for anything else This is well wor-
thy of the attention of those who may be called upon to legislate on the subject of Common Schools ;
and, any plan that could be formed, in any way, to counteract its spread, would be a benefit to com-
munity.
* The question of Text Books for the Schools is fully discussed in Chapter XIII, pages 273—289 of the Sixth Volume of
this Documentary History, the Evils of a great variety of Text Books are pointed out by Doctor Ryerson in his Primary
Report of 1846, pages 203—205 of the same Volume. In regard to the anti-British characteristics of United States School
Books, see pages 283—285 of the same Sixth Volume.
t As these Students, before entering the Normal School, had been accustomed to use a great variety of Text Books, in
their Schools, it must be supposed, on the contrary, to what is here stated, that they had been accustomed, and were still
able, to use more than "one set of such Books."
62 ' DOCUMENTARY HISTOBY OF EDUCATION IN UPPER CANADA. 1850
With regard to the appointment of County Boards of Education, I think either their recommend-
ation to the " Governor, or Person Administrfting the Government, " or their appointment, should be
vested in the County Council, on whom the responsibility of choice would, of course, rest, and who
must necessarily be better informed of the qualifications and zeal for education of the persons to be
appointed than parties at a distance can possibly be.
XIII The Reverend James Padfield, School Superintendent of the Bathurst District.
Criticism and Suggestions.
I was anxious, in compliance with the concluding paragraph of your Circular, to obtain from
others such information as would enable me to state "so far as in my power, the views of the most
intelligent Common School Teachers and Trustees regarding the (Cameron) Act of 1849."
The following is the result of my inquiries. The views here stated are those of persons deeply
interested in Common School Education, and of considerable experience in the practical working of
the Common School System.
1. To that important point of your inquiry, which relates to the control over School Books, and
on which you state you are particularly anxious to obtain information, 1 have to remark that the
system authorized by the late Act of 1846 has been productive of the best consequences in this Dis-
trict, and has become so general that the Irish National Text Books recommended by the Central
Board of Education at Toronto are now used, (to a greater, or less, extent,) in every School within the
limits of my Superintendency. And it is much to be feared that, if the control over School Text
Books is vested in County Boards of Education, the practical good effects, arising from a uniformity
of Text Books will be at once greatly impaired ; no certain system will be pursued : the Text Books of
one, or of a dozen Authors may be recommended in one County, and those of others in adjoining Counties ;
while, elsewhere, the people may be left entirely to their own judgment in the selection of the Text
Books for their children at School. Thus the least evil may, perhaps, will be, a most mischievous
diversity.
2. Under the new, — as under the late Act of 1846, — many disputes will undoubtedly arise on
School affairs. But I have not noticed any provision in the Cameron Act of 1849, instructing
disputing parties to appeal, or authorizing any person, or persons, to decide on such appeals. The
late Act of 1846 empowered the Chief Superintendent of Education to decide upon all matters and
complaints which might be submitted to him by parties interested under the operation of the Act.
May not the want of such a provision in the last Act of 1849 be attended with serious evils involving
frequent litigation ? . . .
3. So far as I can ascertain the opinions of Teachers and Trustees the superseding of the office of
County Superintendent, and the restoration of that of the Township Superintendents is not likely to
give general satisfaction.
4. The provisions of the late Act of 1846 contained in the Fifteenth and Sixteenth Sections
(relating to School Visitors,) with the exception of the latter clause of the Sixteenth Section, —
authorizing any two School Visitors to give Certificates of Qualification to Teachers, — were wisely
designed for the best interests of Common School education ; and the omission of some similar
provision in the present Act of 1849 is a serious defect.
5. The institution of a Board of Education by the Act of 1849 in each County for the exami-
nation of Teachers, as proposed, and more especially the selection and recommendation of School Books,
is thought to be rather a going back to the practically useless system of years past, than an advance-
ment in wise legislation for the accomplishment of the objects contemplated.
The examination and authorizing of Teachers of Common Schools is a most weighty and respon-
sible duty, on the faithful discharge of which much of the efficiency of Common School instruction
must depend. It is feared this duty will rarely be performed, as it ought to be, under the provisions
of the Act of 1849. In this, as in other provisions of the Act, the machinery is too complex and
diffused. Individual responsibility is shut out : and wher6 evils occur, as they may and will, who
shall be blamed ?
XIV. Mr. Thomas Higgikson, School Superintendent for the Ottawa District.
Central Board. Suggestions.
I cannot attempt to enter into the details of the recent School Law of 1849. Some of its details,
no doubt, are eood, some indifferen*^^, and some highly objectionable, and, as a whole, it evidently
requires amendment and revision.
To your question, whether the controul of School Text Books should be vested in the County
Boards, or in the Central Board of Education, at Toronto, I would reply, that my own opinion, and
the opinion of many judicious persons, with whom I conversed, is strongly in favour of this power
being vested in the Provincial Board. In a mixed community, such as we are, it would seem vain
otherwise to expect anything like uniformity ; instead of harmony, we might look for confusion,
instead of an enlightened and judicious selection of these Books, we would see, in the choice of our
Text-Books, the unhallowed effects of national prejudice and party strife, and, instead of our youth
growing up united, loyal and patriotic, we would see them, as divided, as intolerant and as prejudiced
as we are.
If the late School Law, — that of 1846, — had protected Trustees against loss, by enabling them to
assess their Section for School Rates, instead of raising money by Rate-Bills, it would have been better
Chap. III. PUBLIC OPINION ON COMMON SCHOOL ACTS OF 1846, '47,-'49. 63
than any other School Law ever brought into operation, in this Province. I am sure, the Country-
parts with that Law with regret ; and, when we reflect how much time and anxiety it requires to
bring our Statutes into successful operation, we might wish that our Representatives in Parliament
would be directed by more caution, and, instead of supplying our imaginery wants, endeavour to
remove our real evils.
XV. The Reverend John Flood, School Superintendent of the Dalhousie District.
Since I was appointed Superintendent, my thoughts and time, as far as they have been given to
School matters, have been chiefly engaged in leading the people to comply with the great principle of
the School Act of 1846, that is, the duty of submitting to be taxed for the support of Education.
With regard to the point on which you especially desire information, my opinion is, that the
efficiency of the Schools would be best promoted by confiding the control over School Text Books, to
the Provincial Central Board of Education, at Toronto. I have had a great deal of experience in
teaching, as well as in superintending Schools, and I have always found that diversity of Text Books
is a very great hindrance in a School. Now, if each County Board should have the power of selecting
the School Books, which shall be used in each County, 1 think, that, not uniformity, but difference
and confusion will be produced. And, in this way, the parents of children in Schools, which are near
the borders of the Counties, will often find it convenient to procure Text Books not from their own
County, but from the adjoining one — The books authorized in both Counties may be good, though
different ; and when parents see this, the Superintendents will find themselves unable to prevent these
Books from mingling, first in the Schools, which are near the limits of the Counties, and after some
years, through all the Schools in every Township.
But I am very sorry, that I cannot find in the new (Cameron) Act of 1849, any Section, or pro-
vision, similar to the Thirty-second and Thirty-third Sections of the late School Act of 1846. My
attention has been led to this, by an application from persons at Fitzroy-Harbour, for instructions,
how to proceed in establishing such a Separate School, as was provided for, in the said Sections of that
late School Law. I hope, that this will not be neglected in the one for 1850, which is about to be
introduced.
The opinions of the most intelligent Teachers and Trustees, in this District, as far as I can ascer-
tain, are agreeable to my own, as expressed in this Letter.
XVL The Reverned William Eraser, School Superintendent of the Eastern District. —
Advocates Free Schools.
In regard to School Books, I am confident, that the selection of these Books by the County
Boards, would produce great confusion. Therefore, a Central Board of Education at Toronto, would
have it in their power to exercise a control much more effectual to gain that uniformity in School
Books, so desirable. A great deal of confusion is already introduced, even in the Irish National
School Books, from alterations, made by different publishers. Something should be done to put a stop
to this, or also all that has been done, to get the children into the same Reading classes, will soon be
lost.
Although, no disciple of Doctor Ryerson, I admit much of the justice of many of his remarks on
the new Cameron School Bill, but nothing will meet, fully, the wants of the Country, short of the Free
School System and the Country are prepared to receive it as a gift.* In a long Report to the District
Council, and in the District, itself, by extensive travelling, I have pleaded for this system, and have
not met with one single man, who has, even, offered opposition to it. Money has been paid, in this
District for educating 13,500 possible scholars this year, but I am sorry to say, that only one half of
that number ever entered a School House. The justice of the principle is already admitted, and in
force, in a few cases, but generally it fails to gain the object. Extend the principle in the new Bill, —
making the necessary provision for free schools, and all, who make it, will enjoy their share of them.
PART II. REMARKS AND SUGGESTION ON SCHOOL LEGISLATION BY TEACHERS'
ASSOCIATIONS.
I. The Dumfries' Teachers' Association (criticisms on, and objections to, the present School
System, as viewed by the Association.)
Learning from the late Correspondence between the Chief Superintendent of Education, and the
Provincial Secretary,! that Government intends to introduce, during the next Session of Parliament,
amendments to the (Cameron) School Act of 1849, we thought they would willingly receive, from
persons practically acquainted with the working of the late and former School Acts, suggestions con-
cerning the amendments they may deem necessary in the present Act, to suit the circumstances of the
Country, and meet the wishes of the people.
The School Act being one that very much effects Trustees and Teachers, will, we trust, be
considered a sufficient apology for forwarding, unasked, our views on this important subject, humbly
* In the next Chapter of this Volume will be found an elaborate and instructive Address by Doctor Ryerson on the great
advantages of a Free School System,
t Contained in Chapter XIV of the Eighth Volume of this Documentary History, pages 223 250.
64 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
hoping that they may be entitled to some consideration. At a Meeting of the Dumfries Teachers*
Association, at which there were a number of School Trustees, it was —
1 ^f'.s'o/yeti That this Meeting, having carefully examined the duties imposed on the Chief
Superintendent by the late and present School Acts, is of opinion that his Office is not necessary, as
the duties may be performed at much less expense to the Country, by Clerks connected with some
other Department of the Government.*
2. That there should be a Normal School, for the purpose of training Teachers, and that none
others than those intending to become such should there be taught gratuitously, neither should any
person attending it receive any portion of the public money for his support, nor should any exclusive
privilege be conferred upon him.f
3. That there should be a Board of Education for the Province, composed in part of practical
Teachers, or persons who have been such, that their duties should be to superintend the Normal
School, to select a uniform set of Text Books for Common Schools, as it is of the utmost importance to
the cause of Education that there should be such a uniformity ; and to report annually to the
Governor-in-Council.
4. That an efficient School Inspection by Superintendents properly qualified to discharge the
duties, is absolutely necessary to the success of the Common Schools ; that such Superintendents
should be appointed by local Municipal Councils, and be eligible for the same appointment in more
than one Township ; that their duties should be to visit quarterly all Schools under their charge ; to
examine all candidates for the office of Teacher, and certify such as they may deem qualified ; to
report annually the state of Schools to the Municipal Councils of their respective Towns, or Town-
ships,— such Report to contain the names of all Teachers to whom they have given Certificates of
Qualification during the year ; a similar Report to be likewise transmitted to the Provincial Board.
5. The Trustees should be elected, as prescribed by the late and present School Acts ; that their
duties should be to appoint, from time to time, a duly qualified person to be Teacher of their School ;
to be personally responsible for the payment of his salary ; to take charge of School property ; to
report annually concerning the state of their School to the Township Superintendent ; and to adopt
such means for the maintenance of their School as shall have been approved of at the annual School
Meeting by a majority of the landowners and householders of their respective School Sections, who
should have the power of determining at such Meeting the manner in which their School should be
maintained for the following year, — whether by Rate Bill, Voluntary Subscription, or by a Tax levied
on all the rateable property within the Section, and, if the latter mode be adopted, the Trustees
should have power of imposing and collecting such Tax, or the Municipal Council should, on the peti-
tion of a majority of the Trustees, be obliged to do so, as formerly.
6. That in the event of the majority of the landowners and householders of any School Section
neglecting, or refusing, to elect Trustees, or adopt any plan for the support of their School, the
Municipal Council should have power to levy on the rateable property of such School Section, and
collect a sum sufficient for the support of said School for at least six months in each year, in which
such majority of the Trustees neglects, or refuses, but that the power should only be exercised on
petition of at least five resident landowners and householders ; and that said petitioners have the
power of electing Trustees.
7. That all persons of good moral character, possessed of the requisite learning and ability, should
be eligible to the office of Teacher ; and that in the internal management of his School, he should be
left to follow the dictates of his own judgment, as it would be unjust to hold him responsible for the
success of his School, if compelled to teach according to Rules and Regulations furnished by any other
authority than his own.
8. That this Meeting is of opinion that the cause of Education would be promoted by encouraging
the establishment of a Teachers' Institute in each County, in which questions connected with
education may be discussed, but it is of opinion that the management of the Institute should be left to
Superintendents and Teachers.
9. That we approve of the manner prescribed by the School Act, of apportioning both the Legis-
lative and Municipal School Grants.
10. That the Legislative Grant, being originally intended for the maintenance of Schools, no part
of it should be applied to any other purposes, as it not only diminishes the grant itself but equally
lessens the sum raised as an equivalent to it for the support of Schools by municipal authority.
11. That Municipal Council should have the power of assessing School Sections, on petition of a
majority of the landowners and householders, for a sum sufficient to purchase a School Library.
12. That there is no necessity for County Boards of Education, as the duties imposed upon them by
the (Cameron) School Act, can be more efficiently discharged by a Provincial Board of Education, and
by local Superintendents.
13. That there is no necessity for County Councils having anything to do with the working of the
School Act, as the Legislative School Grant might as well be at once sent to the Township Council.
14. That we disapprove of Sectarian Schools, and Separate, Schools for Coloured children.
* See Petition on this subject to the House of Assembly on page one of this Volume.
t See Note on this subject on page 58 of this Volume.
Chap. 111. PUBLIC OPINION ON COMMON SCHOOL ACTS OF 184:6, '47,-'49. 65
15. That this Meeting, being wholly composed of Trustees and Teachers of rural and Village School
Sections, has no practical aquaintance with the management of City Schools, consequently can offer no
suggestions as to the best mode of maintaining and conducting such Schools.
II. Mr. Robert Wilson, on behalf of the County of Middlesex Teachers' Association: —
Suggestions as to the School Bill of 1850.
This Association, now numbering a large portion of the most talentedand enterprising Teachers of
the County, has met twice for the purpose of taking into consideration the (Cameron) School Law of
1849, with aview of petitioning Parliament, at its present Session, for certain amendments of said Act.
A Committee was appointed by the Association, when there was handed to it a Draft of a new School
Bill (of 1850), which was about to be submitted to Parliament for its approval.
The Association have deputed me to write to you in behalf of the united Teachers of the County
of Middlesex, and to testif}^ their very general approval of the Draft of Bill; its conciseness, compre-
hensiveness and simplicity are such that, should Parliament see fit to adopt it, nearly allthe difficuties
in the management of Common Schools will disappear. But, notwithstanding, this very general
approval of the new Draft, as a whole, there are some few thing connected with it which the Teachers
of the County of Middlesex could wish otherwise, or couched in more decisive language. Their views
on these matters, I am desired to lay before you.
1. The Superintendency of Schools. The County is taxed to a considerable amount to support a
Normal School, — the express object of which is to introduce improved systems of instruction. This
has equalled the expectations of its most sanguine friends, so far as the training of Teachers is
concerned ; but how can it be expected that the enlightened systems of teaching it inculcates will
ever be efficiently carried out, unless men be appointed to superintend our Schools, who understand
the practical working of these systems ? In short. Local, or County, Superintendents should be
practical Teachers, and not mere theorists, as they have hitherto generally been. Teachers through-
out the Country, so far as my knowledge extends, begin to look upon this as their right.
2. School Masters' Residences. That no School Section should be entitled to Government aid un-
less it have, together with the Schoolhouse, a School-master's Residence. Few things tend more to
prevent young men of spirit from entering upon School teaching as a profession, than the fact that
they have no home. If a Teacher wishes to marry and settle down in life, he generally looks about
him for some other avocation.
3. Specified Time oj paying the Government Grant to Teachers. The Government appropriation in
support of Schools should be made available, if possible, in the beginning of the second quarter of each
year. Much inconvenience to Teachers arises from being so long without receiving a portion of their
remuneration.
4. Obligations on Municipal Councils. That, as Trustees of Schools are selected by the people to
manage these Schools, as one of their dearest rights, they should not be trammelled in their operations
by any body of men, called by whatever name, and that, therefore, it should be obligatory in all
Town and Township Councils to carry out the views and recommendations made by them in regard to
the sustenance and management of Common Schools.
5. Teachers' Diplomas. That Common School Teachers, under proper restrictions, should be
enabled to receive diplomas of their profession, which, like diplomas of other professional men, should
be for life.
III. Mr. Patrick Thornton, School Superintendent, on behalf of Teachers in the Gore
District. (See also Page 57.)
The following are the ideas of two or three of our most intelligent Teachers with regard to the
Superintendency of Schools, handed to me in writing, after they had held a conference on the subject.
1. " That the Municipal Council for each County should divide the County into School Circuits of
two, three, or more. Townships, according to the number of Schools they include. A Superintendent
should be placed over the Schools in each Circuit. The Superintendent should be a Teacher, or Prin-
cipal, of a Model School, which Model School should be one of the Common Schools.
2. " That the Superintendent's salary should be derived from what his School, as a Common School,
would be entitled to, and an additional sum of £ raised by an assessment on the Circuit over which
he is Superintendent."'
I presume that these ideas partly originated from the marked success which attended some ex-
periments made by a Society of Teachers, of which I was the President, and from which I derived the
idea of the necessity of a Superintendent's having the control of a Model School. The plan mentioned
by the Teachers would be economical, but how far it is generally practical is another consideration.
I think what I stated to you when I saw you would be more practical.
A Model School, properly located, could be made to support itself, and a Superintendent's salary,
(if his School Circuit was small enough), might be partly derived from the Model School, and partly
from assessment, for, in such a case, he would only need an Assistant ; but, if his Circuit was large,
the Model School would require an efficient Teacher, besides the Superintendent. Then, the Super-
intendent's salary must come from some other source. If I mistake not, the School Superintendents
5 D.E.
66 DDCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
in the State of New York are paid two doUai^ a day, when on duty. A Superintendent, to be efficient,
should have his whole energies devoted to the improvement of Schools. He should have no pecuniary
business of any consequence to maimge.
You may derive some idea of how many Schools a Superintendent may be able to visit twice a
year from my practice last year. I find, on summing up my Report, I have, in 1849, made two hun-
dred and forty-three visits, and lectured frequently, besides. Now, I infer from this, that a Super-
intendent could easily undertake from eighty to one hundred Schools, — visit them twice a 3'ear, and
lecture at least once a year in every School Section, and devote a considerable time, — say two days a
week, on an average, in overseeing the Schools more particularly, and advancing the Model School
under his care. He might, possibly, be more efficient to have from sixty to eighty Schools as a maxi-
mum number, and lecture on every visitation, . . .
IV. Gore District Teachers' Association. — Series of Resolutions on the School Law.
At a meeting of the Teachers of the Gore District, a printed Circular from the Office of the Inspec-
tor General, requesting the views of Teachers and others, on the School Law, was read. The following
Resolutions were adopted : —
Resolved Fird. — That City Schools should have a Board of Trustees and Local Committ'.jes. The
duties of said Board and Committees to be similar to those prescribed for such Board and Committee?
by the School Act of 1847, 10th and 1 1th Victoria, Chapter Nineteen*; and that the appointment of the
Board of Trustees be vested in the City Councils, and that of Local Committees in the Boards of Trus-
tees, as heretofore.
Second. That, in addition to the public money for the payment of Teachers' salaries, the City
Trustees of Schools should be empowered to raise what they may deem sufficient for that purpose,
«ither by Rate -bill, or by fixed School-fees for scholars attending the City Common Schools: said Rate-
bill, or School-fees, to be collected quarterly by the Trustees, or a Collector appointed by them, for
that purpose, if not paid to the Teacher by the end of the quarter, f
Third. That this Meeting approve of the principle of the 4th clause of the Thirteenth Section of
the new (Cameron) School Act of 1849, which gives to the people of each School Section, the power of
maintaining their Schools by such means as shall have been approved of, by a majority of the people
at their Annual School Meeting in January, and also recommend, that one of the legal modes left to
the option of the people at their Annual Meeting, be the mode of voluntary subscription, and that
forms to enable them to do so, may be provided.
Fourth. That this Meeting approves of the Tenth Section of the New School Act of 1849, as it
gives the power of appointing Superintendents of Townships to the Township Councils, and also be-
cause the same person may be appointed for several Townships, and those present at the Meeting express
it as their deliberate opinion, that only persons, who are, or have been, practically engaged in teaching,
and are otherwise well qualified, are competent efficiently to discharge the important duties of School
Superintendents.
Fifth. That School Superintendents only should be empowered to grant Certificates of Qualifica-
tion to Teachers, and that no Teacher should be held as qualified until certified by the Superintendent,
under whose jurisdiction is the Section in which he teaches.
Sixth. That Trustees should be personally liable for the fulfilment of their engagements to
Teachers, when, through their not having exercised the powers with which they may be vested, such
engagements remain unfulfilled.
Seventh. That Teachers shall only be dismissed at the request of a majority of the Land-hold-
ers and House-holders, resident within the School Section, expressed at a meeting called for that
purpose.
Eighth. That Schools should be publicly examined half yearly.
Ninth. That the General Board of Education in Canada West should be composed in part of
practical Teachers, and should have the power to recommend School Text Books and the adoption of
such measures as may be judged expedient for the furtherance of Common School education ; but should
not have power to interfere with the internal government of the Schools.
Tenth. That no Alien should be deemed a qualified Teacher.
Eleventh. That Denominational Schools should not be recognized by law.
Twelfth. That this Meeting highly approve of a Normal School ; but that, in order to enable the
public and all parties, especially concerned, to judge of its management and efficiency, it is desirable,
that correct statistical information on the following questions, if possible, be disseminated, videlicet :
(1), What number of pupils, male, or female, have received instruction in the institution since its
commencement, and what number in each Session ? (2), Place of birth and age of each. (3), How
many have been previously engaged in teaching, where teachinsj and how long? (4), How many
have been paying pupils ? (5), How many have received public support ? (6), How long each attend-
ed ? (7), How many have since abandoned the profession. (8), How many of these received public
support and how many have repaid such sums.ij:
*A copy of this Act will be found on pages 26-28 of the Seventh Volume of this Documentary History.
V \J^^^ Association, chiefly composed of rural School Teachers, here give their opinion as to how City and Town Schools
should be conducted. The Dumfries School Teachers' Association did not deem themselves competent to do so. See Reso-
lution number 16 on page 65.
lAll of this information about the operation of the Normal School, and very much more, is given, and has always been
given m each preoedmg official Report to the Legislature of the Chief Superintendent of Education.
Chap. III. PUBLIC OPINION ON COMMON SCHOOL ACTS OF 1846, '47r'49. 67
PART III. CRITICISMS ON THE SCHOOL LAW AND SUGGESTIONS FROM
PRIVATE PARTIES.
In addition to the Circulars sent out by the Honourable Francis Hincks, — who,
on behalf of the Government, — had charge of the School legislation of 1850 — to
various Local Superintendents and Teachers, he also sent them to a number of
Ministers and Laymen, who had shown an interest in our Schools and System of
Education. From these parties he received the following replies : —
I. Mr. James Coyne, St. Thomas, Upper Canada ; — Control of Text Books— Granting
Teachers' Certificates.
I am decidedly of opinion, that the control over School Text Books, should be vested in the Cen-
tral Board of Education, at Toronto, as no other system can produce uniformity, which is very desir-
able ; — in this view, most of the intelligent Trustees and Teachers appear to coincide with me.
I object to the system of granting Certificates of Qualification to Teachers under the recent
(Cameron) School Act of 1849 ; — that all District Councillors, Magistrates and Clergymen should be
invested with that power, appeared to me preposterous, or why they should possess exclusive privi-
leges to dictate as School Visitors, I cannot understand.*
I disapprove of the system under the new Act of 1849 of employing Township Superintendents of
Education. I have never seen much benefit that the Schools derived from the Township or County
Superintendents, . .
II. Mr. Gordon Buchanan, Township of Colchester.
I have consulted with the most intelligent persons in this Township, and they all agree with me
that County Boards of Education are preferable to a Central Board of Education at Toronto. One of
them that I have consulted on the subject is a School Teacher, — a man of experience and superior
education, who had taught for several years what was formerly called the High School at Toronto, and
I, herewith, transcribe what he says on the matter : —
" With respect to the control over the School Text Books, I do not see what advantage can arise
from vesting the same in a Central Board of any kind. The very fact of any system of Books being
dictatorially thrust upon the people of this free Country would naturally render them unpopular. I
consider this would be still more decidely the case with the system of Books which it is contemplated
to introduce, videlicet : the Irish National School System, which in many respects is quite unfit for
this Country. A system of School Text Books for Canada ought to be compiled by a person, or persons,
well acquainted both with the peculiar state of society here, and also with the great natural features
and scenery of this Country, "f
My own opinion of the New (Cameron) School Act of 1849 is, that it is, in many respects, decidely
an improvement on the old one of 1846, and, although, I am well aware that much inconvenience will
arise from constantly altering and amending the Common School Acts, — and of the impossibility
of any Legislator passing a Bill that will be satisfactory to everybody.
As it appears from your Circular, that it is probable that certain amendments to the present School
Act will be submitted to Parliament at its next Session, I would take the liberty to suggest that more
restrictive measures be adopted with reference to the return of pupils taught in the several School
Sections. The most common mode of contract with Teachers is, that they shall be authorized to
receive such and such monthly fees from the parents of the pupils, and the whole of the Public School
money, whatever the amount may be. Thus, in a majority of cases, the Teacher must be strongly
tempted to make a false return, and although a fine is provided in such cases, that check would be
found inoperative from the fact, that none but the Teacher can possibly be cognizant of the aggregate
attendance of the year. The only check would appear to me to be a clause making it imperative on
the Township Superintendent to administer an oath to the Teacher as to the correctness of his report
on that point. X
I consider, too, that the Township Superintendent ought to be empowered to grant Certificates of
Qualification to Teachers, subject to be cancelled, or confirmed, by the County Boards, on the appeal
of School Trustees.
* The School Act of 1849 contained no such provisions as are here indicated. The law of 1846 authorized School
Visitors to give "advice to Teachers and pupils" under certain Regulations ; but such advice did not authorize dictation in
any sense. In these early days " advice " was very desirable.
+ Experience proved that this opinion here suggested, -was not well founded. The Irish National School Text Books,
recommended by the Provincial Board of Education, were very popular, after they were introduced into the Schools.
t See Note on this subject, on page 60.
68 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
The office of Chief Superintendent of Education, if not found advisable to be entirely depensed
with, (as I think it might be,) ought to be conducted with the strictest rules of economy.
III. Mr. Frederic Dresser, Vittoria, County of Norfolk. — School Text Books.
I am looking to the Normal School to confer very important advantages, on the Country, in an edu-
cational point of view ; and I am decidedly of opinion that the control of the School Text Books, should
be in the hands of the Central Board of Education, at Toronto. It would not only secure uniformity
throughout the country, which is very desirable, but uniformity will be much better attended to,
than if the choice of School Books were left in the hands of County Boards. As far as my knowledge
extends, I believe, I express the views of many others, as well as my own, that the present (Cameron)
School law, of 1849, is unworkable, 'and requires to be replaced by one clear in its provisions, that can
be carried out by the ignorant, as well as the learned.
IV. Mr. Christopher Goodwin, Woodstock. — County Superintendents. — Central Board
Should Control Text Books.
My decided opinion is that one competent County Superintendent would be much more beneficial
to the community of each County, than for a Superintendent for each Township ; that his duties be as
formerly, except pajdng out moneys ; that he should give orders to the Teachers upon the District
Treasurer, who ought to receive the Government Grant and Municipal equivalent to that grant for
Schools in his District ; that the Superintendent should deliver a Lecture in each School Section at
the time of visiting the same once a year.
I should strenuously recommend the adoption of one Central Board of Education at Toronto, as
formerly.
I think it should be made imperative with every Township Council, when applied to by a majority
of the Trustees of any School Section, who wish to make a Free School, to raise the amount necessary,
by a tax upon the rateable property in such School Section for the Teacher's salary. I should recom-
mend also, that Teachers' Institutes be established in every District, and encouraged by Government,
and some provision, if possible, made for Common School Libraries throughout the Province.*
V. Mr. E. Bingham, Glantford. — The Act of 1846 Preferable to that of 1849. — County Super-
intendent Preferred to Township Ones.
I beg to inform you that the sentiments of a large number of intelligent friends are in accordance
with my own views of the practical working of the School Law. Those that I have conversed with are
unanimous in their opinion that the School Act of 1846 is, most decidedly, to be preferred to that the
(Cameron) one of 1849. It is the very general opinion in this section of the Province that, if Parlia-
ment should revive the late School Act, and substitute it for the present one, with some trifling amend-
ments, it would give that satisfaction to the public, so anxiously looked for.
One very objectionable feature in the (Cameron) Act of 1849 is the denuding the Central Board of
Education of the power of choosing School Text Books and substituting Country Boards with these
powers in its place. It is obvious to every intelligent person that a multiplicity of Boards, even if they
are appointed by the Governor, will be diversified in their opinions. Not only so, but that conflicting
Rules and Regulations, with a variety of School Books must inevitably be the result, and directly, or
remotely, very seriously operate in retarding the Normal School system, and prevent its efficiency.
I will here make a passing remark with respect to Superintendents of Common Schools, and give
it as my opinion — and I am not singular — that County Superintendents are calculated to awaken an
ambition and enterprise in Common Schools that cannot be expected from a system of Township Sup-
erintendency.
The School Act of 1846, as I have observed, requires some amendments, and I would submit that
the Sections of that Act which make provision for Separate Schools should, I think, be repealed. The
effects that have resulted from attempts to establish Separate Schools have not met the expectations of
the most sanguine advocates of the system, so provision should be made that, at any time, the inhabi-
tants of any County, Township, or School Section, may petition the Council for a free School, or Schools,
as the case may be.
VI. Mr. Christopher McAlpin, Crowland.— School Act of 1846 Preferred to that of 1849.
I have cause to believe, that the people generally regret the passage of the New (Cameron) School
Act of 1849, and that they feel convinced that the permanent continuance of the late School Act of
1846, (with such occasional amendments, as time and experience may here suggest), would be, infinite-
ly more conducive to the interests of education than this new School Act can possibly be.
I beg to submit some of the arguments on which I wish to know your opinion :
First :— Though I admit, that the best Educational Bill, that can be framed, may meet some op-
position, still, I confidently believe, that the late School Act of 1846, has been on the tide of success-
ful experiment and that, the more the people became acquainted with its provisions and forms, the
more they became reconciled to, and satisfied with its operations.
*A11 of the things here proposed have been fully provided for in the School Act of 1850.
Chap III. PUBLIC OPENION ON^ COMMON SCHOOL ACTS OF 1846, '47, '49.
Secondly : — Since the machinery of a School Act necessarily requires sometime for the people to
gain that intimate acquaintance, with its provisions and forms necessary to carry it into successful
operation, then it is painful to find it suddenly repealed. It appears to me, that the financial arrange-
ment under the late Act, of 1846, in regard to the duties and functions of District Superintendents,
is the most judicious, that can be devised, also the power of examining Teachers and granting Certi-
ficates of Qualification, is much better vested in the hands of one good man.
Thirdly: — Under the School Act of 1846, most properly, no Teachers were eligible to obtain
Certificates of Qualification, but British Subjects ; this stands repealed under the New (Cameron)
School Act of 1849 — This I lament, for the following cogent reasons : — The Province has been at the
expense of about Fifteen Hundred pounds, (£1,500,) per annum, to support a Csormalanda Model School,
and nobly too, for the purpose of presenting inducements to the youth of our Country to become
efficient Teachers, under the very jn^t and reasonable expectations, of obtaining for their future
services, liberal wages and permanent employment and what, as a consequence, of the New (Cameron)
School Act, will be so mortifying to our youth, is the fact, that, after Legislative encouragement and
protection, had been held out to them, during a brief season, by the School Act of 1846, that it has
been suddently snatched from them by the New (Cameron) School Act, of 1849.
It is a well known fact, that previous to the passage of the late School Act, of 1846, American
Teachers flocked into this District, and many of them taught School for eight, or ten, dollars a month.
It will be equally certain that the hundreds of Canadian youth, who had been stimulated to laudable
exertions in the pursuit of science, under the late Act, will at once become discouraged under the New
Act, because they will find, that they cannot afibrd to toil through years of application and expense,
in order to become intinately acquainted with various and increasing branches, required to be taught
in Common Schools, and then get no more remuneratioa than the common labourer. I beg of you,
and your friends to reflect on these facts. It is the effects of measures upon our own Country, that
we ought to look to, and justly calculate upon. My only object or wish, is to raise the moral,
literary and intellectual standard of the youth of our fine Province.
VII. Mr. Richard Graham, Fort Erie. — County Superintendents prefered to Township ones
The Act of 1849 not an improvement.
Having paid some attention to the working of the Malcolm Cameron Common School Law of
last year, and having also some experience in the working of all School Laws, we ever had in Canada,
I may be permitted to give you my opinion on this matter, or on some of the points suggested in
your Circular of the 9th ultimo. The necessary amendments of the Law, to make it work with the
New Municipal Institutions, were expected, but the sweeping revision that took place last year, was
an injury, — at least it was not bettered ; in the first place, the abolition of County Superintendents
and the substitution of Township Superintendents will not be any improvement ; I am satisfied that a
County Su])erintendent is a necessary office ; and, by many, it is still thought that a Township
Superintendent is necessary also ; but I cannot see any convenience from that other than that the
Teachers may receive their money more readily. In no case should Township, Superintendents be
authorized to grant Certificates of Qualification to Teachers; this power should be vestedin the County
Board alone. The County Superintendent, being on the spot, can correct and condense the Trustees
Reports and being the disbursee of the School fund, will be able to check fraud, practised to obtain
the same — much more readily, than the County Clerk, or any other Officer, who may have other
prescribed duties.
You ask whether the control over School Books should be vested in County Boards of Education,
or in the Central Board of Education at Toronto : I cannot see any harm in placing the control in such
a Board, but I may ask, what is the utility of such a local Body ? what will they have to do, that a
County Superintendent may not as well do ?
To establish a sound basis of Elementary Education is, or should be, one of the first duties of the
State, and, as uniformity in everything, except politics, is desirable in producing improvement, so I
should think that plan the best, that would produce the greatest possible uniformity in the
instruction of the youth of this Province, and as the sj^stem adopted in the Normal School, is un-
questionablj- the best in the hands of a skilful Teacher ; I certainly do think, it would be better, to
place the control of School Text Books in a Central Board, who might have wisdom enough to recom-
mend their views in a mild way, rather than to command. I became convinced, last year, of the
superiority of the system recommended by the Normal School Training and set to work to obtain a
trained Teacher, in the Section, where I live, and now, I am happy to say, there are four of the
Normal School trained Teachers, in this Town, — Bertie Township having full Schools and, in every
one the Books recomended by the Central Board, are used, and, I may add, by one-half of the Schools
in the Township also.
The views of the Chief Superintendent regarding Free Schools, which, by the way, the Journal
of Education has materially helped to difi'use,* where views on these subjects were most wanted. Trustees
and others will soon become convinced that it is the soundest method of sustaining schools throughout
the Land ; but, very likely, some years must pass before it will prevail, or before it will be necessary
for Legislative enactment, t
* The Chief Superintendent's Address on Free Schools, to which Mr. Graham here refers, will be found on pages 73-81
of this Volume,
t Free Schools were not made part of the Law of the land, until 1871.
70 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
However, we here have commenced, and three Schools in this Township are, or will be, supported
by tax on property, during the present year. There is only one objection to placing the power of
control of School Text Books in a Central Board, that is, it may give, which is now the case, a mon-
opoly of furnishing School Books, to some particular Publisher, who will produce a very inferior
article, particularly in the binding, but for this, there is no Legislative remedy.*
VIII. The Reverend Ephraim B. Harper. — Central Board Control of Text Books preferred.
You ask " whether the control over School Text Books should be vested in County Boards of
Education, or in the Central Board of Education at Toronto?"
Upon this point I would say that it is my deliberate conviction, that to " produce that uniformity
in the System which is so very desirable, and without which the Normal School S3'stem cannot be
efficiently carried out," the control of Text Books, to be used in Schools, should, with certain limitations-
and restrictions, be placed in the hands of the Central Board at Toronto.
I would add, that I think the Board at Toronto should have the power to require the use of such
Text Books in the various departments of secular learning as they shall judge best ; and, as I believe
that the knowlege of God, as revealed in the Holy Scriptures, should form a part of Education, I
would beg farther to suggest the propriety of the Central Board at Toronto, enjoining the use of the
Holy Scriptures in all Schools, except where the parents of the children attending disapprove of the
same.
The vesting of the control of School Books in the County Boards of Education, would, perhaps,.
be a more popular measure, but would not, I think, be as productive of benefit to the uniformity and
efficiency of Common School Education.
IX. The Reverened William McCullough, Picton — County Superintendents Preferred. —
Central Board to have Control of School Books.
I am happy to find that the Government take such a deep interest in the important subject of
Common School Education. And I do sincerly hope that the "Bill" now under consideration will be
so simple that all will understand it.
With regard to the points of inquiry in your Communication, my own mind has been made up for some
time. But, in compliance with your suggestion, I have conversed with experienced School Teachers^
respectable and intelligent Trustees, and many leading persons in this County, and especially with
one, who, for many years, was a member of the Provincial Parliament, and they are all of opinion that,
in order to secure uniformity in the practical operation of the School System, it is essential to give the
direction and control of School Text Books to the Central Board of Education at Toronto.
I beg further to state that I am decidely in favour of a County Superintendent. He should be
required to visit each School Section at least four times in the year. I would leave the appointment
of County Superintendent with the Government, and would have them amenable to the Government
alone.
There is no necessity for Township Superintendents. They are appointed for the most part with-
out any regard to qualification, and many of them are incapable of examining School Teachers.
1 would respectively suggest the propriety of appointing Ministers of the Gospel as School
Visitors. The peculiar economy of the Wesleyan Church gives Wesleyan Ministers a favourable
opportunity of visiting Schools without sacrifice of time, or personal inconvenience, t
The School Tax is unpopular ; but it is important and should be continued. I do not see that
any important change can be efiected in the appointment of Trustees, or their time of serving. I
would only say, give them as much power as you can, consistently with the prejudices of the people.
PART IV. PROCEEDINGS OF VARIOUS COUNTY COUNCILS, IN REGARD TO EDUCA-
TION, AND THE PROPOSED SCHOOL BILL OF 1850.
1. The United Counties of Wentworth AND Halton.
Resolved, That a Memorial from this Council be presented to His Excellency the Governor Gen-
eral, and to the two branches of the Legislature, setting forth the propriety of merging the office of
Chief Superintendent of Education in some Government Department, since thereby a considerable
saving would be efiected to the fund set apart for Educational purposes. :J:
II. The Municipal Council of the County of York.
The Standing Committee on Education desire to report that the only matters relating to Educa-
tion placed by the Municipal and School Acts under the control of the County Council refer to raising
an equivalent to the Government School Grant, and to routine duties to be performed by the County-
Officers.
* This question of " monopoly," in regard to School Text Books, has always been a most difficult one to deal with,
t See what is said on this matter by the Reverend John Climie on page — of this Chapter.
X See Petition on this subject on page one of this Volume.
Chap. III. PUBLIoOTWo^JNCOMMO^CHOOI^CTS OF 1846, '47,-49.
In regard to the subject of assessing the County for the erection of Grammar Schools, referred to
this Committee, it appears that the expense of erecting two of these School Houses have been defray-
ed by voluntary contribution and it would hardly be just to make the erection of the third one charge-
able upon the funds of the County; at the same time it is also worthy of remark, that the condition,
attached by the sale of School Lands Act of 1844, 4th and 5th Victoria, Chapter 19, requires the in-
habitants of the locality, where a Grammar School may be established to provide a suitable School
House.*
(Note. On the passing of the School Act of 1850, the County Council passed a By-law, dividing the
County of York into School Circuits, as provided by that Act)
III. The Municipal Council of the County of Northumberland.
The Special Committee appointed to Report upon the new School Bill now in progress of passing
into a law, beg leave to Report, that, from the attention which they have been able to bestow during
the time in which they have had the Bill under their consideration, they are unable to specify more
particularly the alterations which occurred to them as being desirable.
The great objection to the Bill is, in the opinion of your Committee, the unlimited power which
some Sections of the Bill will place in the hands of the Chief Superintendent of Education. The
Committee feel great difl&dence in offering suggestions upon other parts of so important a Measure-;
but, upon the recommendation to circumscribe the power of the Chief Superintendent, as far as would
be consistent with the efficient performance of the duties of so important an office, your Committee are
of opinion that no diversity of opinion can exist.
Your Committee beg to refer more particularly to the words in the fourth line of the 31st Section
of the proposed Bill included within a parenthesis as follow : (" unless otherwise instructed by the
Chief Superintendent of Schools,") and bearing particularly upon the opinion above referred to, these
words are highly objectionable, as leaving the local Superintendent too much under controul and
domination of the Chief Superintendent of Education with reference to the disposal of the School
monies provided for in that .31st Section of the Bill.
The proposed alterations, as regards the distribution of School money through the Treasurers and
Sub-Treasures and others are not desirable, the present mode, of keeping and disbursing the same
being in every way preferable, inasmuch as it passes through the fewer hands, and is consequently
more free from deductions, or percentage.
Your Committee are also of opinion that the appointment of Local Superintendent should be left
with the several Local Township Municipalities as at present, and that the Township Councils should
be invested with power to select Sites for School Houses in their respective municipalities, under
provisions similar to those connected with establishing wards, as touching the rights of parties from
whom such property may have been taken, or required. (Approved by the Council)
PART V. THE CHIEF SUPERINTENDENT OF EDUCATION TO THE INSPECTOR
GENERAL.
In addition to the information desired by the Inspector General from Local
Superintendents and others interested in Common School legislation, he request-
ed the Chief Superintendent to furnish him with particulars as to the nature and
provisions for imparting Religious Instruction in the Schools. This Doctor
Ryerson did, and furnished him with the desired information in the following
Letter : —
According to your wish, I herewith enclose you copy of the Minutes of the Provincial
Board of Education, providing for Religious Instruction and attendance upon Public Worship
of the Studeat-Teachers in the Normal School, t
I Also enclose you a collection of the Annual Reports of the Irish National Board of Educa-
tion, containing the Regulations of that Board in respect to Religious Instj uction both for the
Normal School Students, and in the Rural National Schools. (See paragraphs as marked. )J
I likewise enclose you a copy of our own printed Forms and Regulations for Common
Schools, from which you will see the provision I have made in respect to Religious Instruction,
and other matters in Canadian Schools, upon the principles of the Irish National System. §
*This Act was passed in 1841, and will be found on pages 55, 56 of the Fourth Volunie of this Documentar}- History. It
provides for the distribution of the proceeds of the School Lands to the Several Districts in Upper Canada for the erection
and support of Grammar Schools.
tThisinformatiou is fully given in a subsequent Chapter of this Volume.
tThis information is given on pages 155, 156 of the Sixth Volume of this Documentary History. See also pages 147-155.
It is given in detail in an elaborate Report on " Religious Instruction in the Public Schools of Ontario," which I prepared
for the Provincial Government in 1882. In that Report the question of Religious Instruction in New England and in the
Irish National Schools is fully discussed and exemplified. See also the Chief Superintendent's Annual Report for 1857.
These Forms and Regulations applicable to the Common Schools are given in a subsequent Chapter of this volume.
72 DOCUMENTARY HISTORY OF EDUCATION IX UPPER CANADA. 1850
f
In order that you may see that what I have proposed to you, as to the unity, the gradation,
the essential identity of the whole System of Public Instruction, is no new idea that I have
conceived, I enclose you a copy of my Report on a System of Public Elementary Instruction in
Upper Canada,* (prepared four j ears since, ) in one paragraph of which I have sketched the
whole system, and have in it indicated the kind and gradation of Schools by which our System
may be carried into eflfect.
You will observe from the documents above referred to, as well as from my Letter of the
14th of last July to the Honourable Robert Bald win, t that the religious basis which I have
advocated for the entire system of Public Instruction in Upper Canada is that of the Irish
National Board and of the New England States, — essentially Christian but perfectly non-
sectarian ; the whole of which, so far as legislation is concerned, will be accomplished, should
the Government constitute the University Senate the Board of Education for Upper Canada,
and authorize it to make such Regulations, as it should judge expedient for the Religious
Insrruction and attendance upon Public Worship of the undergraduates in the University and
of the Students in the Normal School, according to their r^ spective forms of faith, anything
contained in any law, or statute, to the contrary notwithstanding : Provided always, that no
part of the University, or Normal School, Funds should be expended for that purpose.
With such a provision, the University, as well as our whole School System, can be defended
aid advocated, not only upon Christian principles, but after the example of the Irish National
School System, the Queen's Colleges for Ireland, and the American Colleges. Bur the latter
part of the 29th Section o* the University Act of 1849, is opposed to these principles and ex-
ampl^-s :l it may be submitted to for the moment, but is not relished and cannot be defended by
any Religious Community, and, if not modified, will, I think, ultimately make denominational
Colleges the order of the day in this Country, if not cause the final abandonment of a Provin-
cial University and the application of its funds to other educational, or general purposes.
I wish, with all my heart, to see the University of Toronto placed upon such a foundation
that I could advocate it, and show that it was both the duty and interest of all Denominations,
Ministers and people, and of all friends of the Country to support- itup )n the same ground that
I have successfully urged them to support the System of Common Schools. I have collected in
difte ent Countries ample materiils and authorities to illustrate these views in regard to Col-
legiate, as well as Common School, education ; but I have, as yet, made no use of them, on
account of the circumstances in which I have been placed, arising from prejudices ani jealousies
created by statements which I may, (after their matters are disposed of,) show are as utterly
untrue, as would be charges against me for arson and murder. But, with the increased and most
nfluential kind of circulation which you and the Honourable W. H. Merritt professed to enable
me to give, to the Journal of Education, and having the whole system of Public Instruction
opcnei to me, and not merely the Normal and Common Schools, as heretofore, to advance the
nterests of the higher, as well as elementory, education of the Country. I submit the whole
s object — including making the University free — to your most seiious consideration.
Toronto, 4th of March, 1850. Egerton Rybrson.
*This Report is printed in extenso in the Sixth Volume of this Documentary Historj', pages 139-211.
tThis Letter is printed on pages 231, 232, of the Eighth Volume of this Documentary History.
J This Twenty-ninth Section of the Baldwin University Act of 1849 will be found on page 155 of the Eighth Volume of
Documentary History.
Chap. IV. APPEAL OF CHIEF SUPERINTENDE>^T IN FAVOUR OF FREE SCHOOLS. 73
CHAPTEK IV.
APPEAL OF THE CHIEF SUPERINTENDENT OF EDUCATION IN
FAVOUR OF FREE SCHOOL IN UPPER CANADA.
From the period of his first appointment in 1844, as Chief Superintendent of
Education, Doctor Ryerson was strongly impressed with the necessity of providing,
by means of a certain and efficient financial system, for the maintenance of the
Elementary Schools of Upper Canada. His convictions on this subject were
strenghted after he made his tour of inquiry in regard to Systems of Education in
Europe, and especially in the adjoining States of Massachussetts and New York.
In submitting the Draft, therefore, of his first Common School Act in 1846, he em-
phasized the importance of making eflfective provision for the support of the
Common Schools of the Province. He then pointed out the inefficient and unsatis-
factoiy method of seeking to support these Schools — apart from the Legislative
Grant and its Municipal equivalent —by means of School fees chargeable by Rate
B 1 upon parents who sent children to the Schools.* In each subsequent
Annual School Report, Doctor Ryerson referred more, or less at length, to this
fundamentaly important feature of our School System.
With the special object of promoting the passage of the School Bill of 1850,
which he had prepared — into which the principle of Free Schools was to be
embodied, — he issued a strong Appeal in The Journal of Education for Upper Can-
ada on the Subject of Free Schools. In this Address, which follows, are embodied
the various arguments which he had hitherto used in commending Free Schools
to the People of Upper Canada. He also, in that Address, cited the examples of
those Educating Countries and States which had successfully embodied in their
School Codes the essentially fundamental principle of maintaining the Schools by
a specific rate upon property, as an efficient and economical system for their finan-
cial support.
In his Circular to the County Municipalities, in 1846, Doctor Ryerson thus
pointed out what was " the basis and reason of local taxation for Public Schools,"
He said: —
The basis of this only true system of universal Education is two fold : —
1st: that every inhabitant of a Country is bound to contribute to the support of its Public
Institutions, according to the property which he acquires, or enjoys, under the Government of
the Country.
2nd : That every child born, or brought up in the Country, has a right to that education
which will fit him for the duties of a useful citizen of the Country, and is not to be deprived of
it, on account of the inability, or poverty, of his parents, or guardians.
*In submitting his Draft of the Common School Bill of 1846, to the Government, Doctor Ryerson said: — "The next
important change [in the School Act of 1843], which I propose is that the Rate Bill imposed by the School Trustees shall be
levied upon the inhabitants of each School Section generally, according to their property. , . . This provision of the
Bill was lost in the House of Assembly by a majority of four, or five." " It was," as Doctor Ryerson said," "the poor man's
clause, and the clause of the enlightened patriot ; the loss of it inflcted great injury upon the Common Schools, besides
involving Trustees in great perplexity and embarrassment" . . . See Note on page 76 of the Sixth Volume of this
Documentary History.
74 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
Doctor Ryerson then goes on to show that this financial principle for the
support of Schools, is a cardinal one in the Massachusetts and New York systems
of Schools. He said : —
The right of the child involves corresponding obligations on the part of the State, and the
poverty of the child adds the claims of charity to the demands of civil right. In the Annual
Report for 1845, of the Board of Education for the Stat3 of Massachusetts, this principle is
stated asftdlows : —
" The cardinal principle which lies at the foundation of our Educational system is, that all the child-
ren of the State shall be educated by the State. As our Government was founded upon the virtue
and intelligence of the people, it was rightly concluded by its franters, that without a wise Educational
System, the Government itself could not exist ; and, in ordaining that the expenses of educating the
people, should be defrayed by the people at large, without reference to the particular benefit of
individuals, it was considered that those who, perhaps, without children of their own, nevertheless
would still be compelled to pay, would receive an ample equivalent in the protection of their
persons, and the security of their property ;"
Doctor Ryerson thus ccncludes his Circular of 1846 to the County Munici-
palities of Upper Canada : —
Summary of the advantages of a Public Provision for Supporting the Schools.
Some of the advantages of this System of supporting the Schools are the following : —
1. The child of the poor man, equally with that of the rich, has the opportunity of obtain-
ing a good common School education.
2. The removal of all inducements from any parent, or guardian, arising from the payment
of school fees, to keeping his children from School, and, consequently, the more general and
longer is the attendance of children at school.
3. The support of better Schools, at less expense to parents, who educate their children in
the Common School, — as the burthen upon individuals would be lessened, by dividing it among
the inhabitants at large, according to their property.
4. The prevention of differences between Trustees and their neighbours, arising out of the
imposition, or collection, or non-payment, of the Trustees Rate Bills on parents and guardians.
5. The regular and punctual payment of Teachers, quarterly, or half yearly, out of the
School Fund and local School Rate.
DOCTOR RYERSON'S ADDRESS ON THE ADVANTAGES OF FREE SCHOOLS, 1850.
/ I desire to invite the attention of the Public Press, of municipal Councillors and School
Trustees, of Clergy and Magistrates, and of other person interested in the education of all the
youth of Canada, to the principle on which the expense of promoting that object should be
defrayed.
The School Law authorizes two methods, in addition to that of Vduntary Contributions ;
(1), the method of Rate-Bill on parents sending children to school, and (2), the method of
assessment on the property of all, thus securing to the children of all classes equal access to
Schoolinstruction. The discretionary power of adopting either method,is placed by law, — where I
think it ought to be placed, in the hands of the people themselves in each municipality. My
present object is, simply to submit to your consideration the principal reasons which induce me
to think that the one of these methods is better than the other, in order to secure to your
children the advantages of good Education. The method which I believe you will find most
efficent, has been thus defined :—
A Tax upon the Property of all for the Education of all. — Results Noted.
1. My reason for commending this as the best method of providing lor the education of
your children is, that the people of the New England States, who have been educated under it for
two hundred years, are distinguished for personal independence, general intelligence, great in-
dustry, economy and prosperity, and a wide diffusion of the comforts and enjoyments of domes-
tic life. The truth of this remark, in reference to the character and condition of the people
oftheJ^ew England States, will, I presume, be disputed by none. If their-system of civil
government be thought less favourable to the cultivation and exercise of some of the higher vir-
tues than that which we enjoy, the efficacy of their School system is the more apparent under
circumstances of comparaive disadvantage. I will give the origin of this School system in the
words of the English Quarterly Journal of Education,— published under the superintendence of
the •' Society for the Diffusion of useful Knowledge " and at a time when Lord Brougham was
Chairman and Lord John Russell, Vice-Chairman, of the Educational Committee:—
Chap. IV. APPEAL OF CHIEF SUPERINTENDENT IN FAVOUR OF FREE SCHOOLS. 75
" The first hint of this system, — the great principle of which is, that the property of all, — is to be
found in the record of the Citj^ of Boston for the year 1635, when, at a public, or ' Body ' Meeting, a
Schoolmaster was appointed 'for the teaching and nurturing of children among us,' and a portion of
the public lands were given him for his support, this, it should be remembered, was done within five
years after the first peopling of that little New England peninsula, and before the humblest wants of
its inhabitants were supplied ; while their very subsistance, from year to year, was uncertain ; and
while no man in the Colony slept in his bed without apprehension from the savages, who not only
everywhere crossed over their borders, but still dwelt in the midst of them.
"This was soon imitated in other Villages and Hamlets which were springing up in the wilder-
ness. Winthrop, the earliest Governor of the Massachusetts Colony, and the great patron of Free-
Schools, says in his Journal, under date of 1645, that divers Free-Schools were erected in that year in
other Towns, and that in Boston it was determined to allow forever Fifty pounds, (£50,) a year to the
Master, with a House, and Thirty pounds, a year (£30,) "to an Usher of the School. But thus far only
the individual Towns had acted. Two hvindred years ago, in 1647, however, the Colonial Assembly of
Massachusetts made provision by law, that every Town in which there were fifty families should keep
open a Free-School, in which Reading and Writing could be taught ; and every Town where there
were One -Hundred families should maintain a School, where youth could be prepared in Latin, Greek
and Mathematics, for the College, or University, which, in 1638 had been established by the same
authority at Cambridge, Massachusetts. In 1656 and 1672, the Colonies of Connecticut and New Haven
enacted similar laws ; and from that time forward the "system spread with the extending population
of that part of America, until the Free School System became one of its settled and prominent char-
acteristics of these Colonies, and has so continued to the present day. *
The Theory of the Schools, as stated by Websteb, a leading American Statesman.
I will now present the character of this system in the words of those who best understand
it. That great American Statesman, the Honourable Daniel Webt^ter, received his early train-
ing in a Free-School. Mr. Webster, in his published Speech on the constitution of Massach-
usetts, expresses himself on its Free-School System in the following words: —
"In this particular, New England may be allowed to claim, I think, a merit of a peculiar char-
acter. She early adopted and has constantly maintained the principle, that it is the undoubted right,
and the bounden duty of Government, to provide for the instruction ot all its youth. That which is
elsewhere left to chance, or to charity, we, in New England, secure by law. For the purpose of
public instruction, we hold every man is s\ibject to taxation in proportion to his property, and we look
not to the question, whether he himself have, or have not, children to be benefited by the education
for which he pays.
We regard Free Schools as a wise and liberal system of police, by which property, and life, and
the peace of society are secured. We seek to prevent, in some measure, the extension of the penal
code, by inspiring a salutary and conservative principle of virtue and knowledge in the early age of
youth. We hope to excite a feeling of respectability, and a sense of character, by enlarging the capa-
city, and increasing the sphere of intellectual enjoyment. By general instruction, we seek, as far as
possible, to purify the whole moral atmosphere ; to l:eep good sentiments uppermost, and to turn the
strong current of feeling and opinion, as well as the censures of the law, and the denunciations of
Religion, against immorality and crime. We hope for a security, beyond the law, and above the law,
in the prevalence of enlightened and well-principled moral sentiment. We hope to continue and pro-
long the time, when, in the Villages and in the farm-houses of New England, there may be undis-
turbed sleep within unbarred doors. And knowing that our Government rests directly on the public
will, that we may preserve it, we endeavour to give a safe and .proper direction to that public will.
We do not, indeed, expect all men to be philosophers, or statesmen ; but we confidently trust, and
our expectation of the duration of our System of Government rests on that trust, that, by the diffus-
ion of general knowledge, and good and virtuous sentiments, the political fabric may be secure, as
well against open violence and overthrow, as against the slow but sure underminingof licentiousness, "t
The Honourable Edward Everett, on the Adva.ntages of Useful Knowledge to
Working Men.
The Honourable Edward Everett, — late President of Harvard University, late Governor of
the State of Massachusetts, and late American Ambassador to England, — remarks, as follows,
in his Address on the Advantage of Useful Knowledge to Working Men : —
" Think of the inestimable good conferred on all succeeding generations by the early settlers of
America, who first established the system of Free Public Schools where instruction should be
furnished without fees being chargable to all the children in the community. No such thing as such
Free Schools was before known in the world. There were Schools and Colleges, supported by funds
which had been bequeathed by charitable individuals : and, in consequence, most of the Common Schools
of this kind in Europe, were regarded as establishments for the poor, as was the case in England
until a late date. So deep-rooted is this idea that when I have been applied to for information as to
our Free Public Schools from those parts of the world where no such system exists, I have frequently
found it hard to obtain credit, when 1 have declared, that there is nothing disreputable in the public
*The whole of this Article from the English Journal of Education, on the " System of Free Schools in the New England
States" is given in full in the Journal of Education for Upper Canada of 1848. Other articles on "Free Schools" will be
found in the Volumes for 1848, 1849 and 1850.
t This extract is taken from page 101 of the Journal of Education for Upper Canada, of April, 1848.
76 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
#
opinion here, in sending children to Schools supported at the public charge, by rate upon property.
The idea of Free-Schools for the whole people, when it first crossed the minds of our forefathers, was
entirely original ; but how much of the prosperity and happiness of their children and posterity has
flowed from this living spring of public intelligence."
The Adverse Circumstances under which the Pilgrim Fathers conceived the idea of
Free Schools.
The following extracts from the Annual School Reports of 1847 and 1848, prepared by the
Secretary of the Massachusetts Board of Eilucation, deserve special attention as well for the
beauty of their language, as for the nobleness of the sentiments which they express : —
"The year 1847 completes the second century since the Free Schools of Massachusetts
were first established. In 1647, when a few scattered and feeble Settlements, almost buried in the
depths of the forests, were all that constituted the Colony of Massachusetts ; when the entire popula-
tion consisted of twenty-one thousand souls, (21,000 ;) when the external means of the people were
small, their dwellings humble, and their raiment and subsistence scanty and homely ; when the whole
valuation of all the Colonial Estates, both public and private, — would hardly equal the inventory of
many a private individual at the present day ; when the fierce eye of the savage was nightly seen
glaring from the edge of the surrounding wilderness, and no defence, or succor, was at hand ; it was
then, amid all of these privations and dangers, that the Pilgrim Fathers conceived the magnificent
idea of a Free and Universal Education for the people ; and, amid all their poverty, they stinted
themselves to a still scantier pittance ; — amid all their toils, they imposed upon themselves still more
burdensome labours ; — amid all their perils, they braved still greater dangers, that they might find
the time and the means to reduce their grand conception to practice.
*' Two divine ideas filled their great hearts, — their duty to God and their duty to posterity. For
the one, they built the Church ; for the other, they opened the Free-School. Religion and Known
ledge: — two attributes of the same Glorious and Eternal Truth, — and that truth, the only one on
which immortal, or mortal, happiness can be securely founded.
" As an innovation upon all pre-existing policy and usages, the establishment of Free-Schools
was the boldest theory ever promulgated, since the commencement of the Christian era. As an un-
tried scheme, based upon pure theory, that theory could have been refuted and silenced by a more
formidable array of argument and experience than was ever marshalled against any other opinion of
human origin. But time has ratified its soundness. Two centuries now proclaim it to be as wise as
it was courageous, as beneficent as it was disinterested. It was one of those grand mental and moral
experiments whose eflfects cannot be determined in a single generation. But now, according to the
manner m which human life is computed, we are the sixth generation from its fovmders, and have we
not reason to be grateful both to God and to the man of two centuries ago for its unnumbered bless-
ings! The sincerity of our gratitude must be tested by our efforts to perpetuate and improve what
they established." — {Tenth Annual Report to the Massachusetts Board of Education, for 1847.)
Massachusetts the Mother of all the New England Free-School Systems.
" The Massachusetts School System represents favourably the Free School System of all the New
England States. Not one of them has an e'ement of prosperity, or of permanence, of security against
decay within, or the invasion of its rights from without, which ours does not possess. Our law re-
quires that a Free School should be sustained in every Town in the State, —even the smallest and the
poorest not bemg excepted: — and that Jthis School shall be as open and free to all the children as the
light of day, or the air of heaven. No'child is met on the threshold of the School-House door to be
asked for money, or whether his parents are native, or foreign, — whether, or not, they pay a tax, or
what is their faith. The School-House is comrtion property ! All about it and in its neighborhood are
enclosures and hedges, indicating private ownership and forbidding intrusion ; but there is a spot
which even rapacity dares not lay its finger upon. The most avaricious would as soon think of mon-
opolizing the summer cloud, as it comes floating up from the west to shed its treasures upon the thirsty
earth as of monopolising these fountains of knowledg^i. Public opinion — that sovereign in representative
governments, — is in harmony with the law. Not unfrequently there is some private opposition, and
occasionally it avows itself and assumes an attitude of hostility ; but perseverence on the part of the
friends of progress always subdues it, and the success of their measures eventually shame it out of ex-
htenxce,— {Eleventh Ajinnal Report of the Massachusetts Board of Education Report, 1848.)
"It is a gratifying circumstance that many of our Sister States, convinced by our success, have
followed our example ; and, at the present time, in the rich and populous County of Lancashire, in
England, a movement is on foot, led on by some of the best men in the United Kingdom, whose object
is to petition Parliament for a charter, empowering that County to establish a System of Free Schools
on a basis similar to ours".— Ibid.
What have been the Results of Free-Schools in New England may also be the same
IN Upper Canada.
These extracts contain the testimony of the most competent witnesses as to the principles
and eflSciency of the Free School System ; while the well-known character of the New- England
people for self-reliance, economy, industry, morality, intelligence and general enterprise, is a
sufficient illustration of the influence and tendency of that system, even under the
influence of many disadvantages, and a peculiar form of Government. What such a
Chip. IV. APPEAL OF CHIEF SUPERINTENDENT IN FAVOUR OF FREE SCHOOLS. 77
system of Free Schools has accomplished in the less genial climate of New-England, under such
circumstances, will it not accomplish in Upper Canada under more favourable circumstances ? It
is worthy of remark, that, in no state or City, where the Free-Scho -l System has been tried, has
it ever been aband )ned. The inh ibitmts of New-England who have tried it for two centuries,
(and they are second to no people in their rigid notions of economy and individual rights,) re-
gard it as the greatest blessing which their Country enjoys, and her highest glory. Other Cities,
Towns and Stites are adopting the New- England System of supporting Schools, as fast as they
become acquainted with its principles and operations.
The Great Economy of the Free School System Explained and Illustrated.
II. The second ground on which I commend this system of suppoiting Common Schools to
the favourable consideration, of those whom I address, is its cheapness to parents educating
their children. I will select the example of otie Municipal District, rather better than an aver-
age specimen and the same mode of reasoning will apply to every Mun cipal District in Upper
Canada, and with the same results. In one District there were reported Two Hundred Schools in
operation in 1848 ; the average time of keeping open the Schools was eight months ; the aver-
age salaries of Teichers was £45 7s. Id , ($181.42) the total amount of the money available for
the 'i'eachers' Salaries, including the Legislative Grant, Council Equivalent Assessment and Rae-
Bills. was £7,401 ISs. 4|d ; (129,607.67), th^ whole number of pupils between the ages of five
and sixteen years on the School Registers, was 9, 147 ; the total number of children between those
ages residevit in the District, 20 600 ; cost per pupil for eight mouths, about sixteen shillings
($3.20). Here it will be seen that more than one-half of the children of schod age in the Dis-
trict were not attending any School whatever. Now. suppose the Schools be kept open the
whole year, instead of two- thirds of it, suppose the Male and Female Teachers to b^ equal in
number, and the salaries of the former to average £60, ($240.) and those of the latter £40 ;
($160.) suppose the 20,600 children to be in the schools instead of 9,147 of them. The whole
sum required for the salaries of the Teachers would be £10,000- ($40,000), the cost per jmpil
would be less than ten shillings (^2.) — less than five shillings ($1) per inhabitant — which would
be reduced still further by deducting from the cost the amount of the Legislative School G ant.
Thus would a provision be made for the education of every child in the District for the whole
year ; there would be no trouble, or disputes, about quarterly School-Rate Bills ; there would
be no difficulty in getting good Teachers ; the character and efficiency of the Schools wou'd be
as much improved as the attendance of pupils would be increased ; every child wG«ld be educa-
cated, and educated by the contribution of every man according to his property and means.
Free Schools With Good Teachers are Invariably the Best and Cheapest.
III. This is also the most effectual method of providing the best, as well as the cheapest.
Schools for the youth of each School Section. Our Schools are often now poor and feeble,
because a large portion of the best educated inhabitante stand aloof from them, as unworthy of
their support, as unfit to, from their inferiority to educate their children. Thus the Common
Schools are frequently left to the care and support of the least instructed part of the population,
and are then complained of as inferior in character and badly supported. The Free- School Sys-
tem makes every man a supporter of the School, according to his property. All persons, and
especially the more wealthy, — who are thus financially identified with the School. — will naturally
feel interested in it ; they will be anxious that their contributions to the School should be as
effective as possible, and that they themselves may derive, directly, or otherwise, all possible
benefit from it. When the various inhabitants of a School Section thus become concerned in the
School of that Section, its character anc| efficiency will inevitably be advanced. The more
wealthy contributors with children will seek to make the school fit and efficient for the English
education of these children ; the Trustees will be under no fears from the disinclination, or op-
position, of particular individuals in employing a suitable Teacher and stipulating with him as
to his salary ; and thus is the foundation laid for a good School, adapted to all the youth of
the Section. The character of the School will be as much advanced as the expense of it to in-
dividual parents will be diminished ; the son of the poor man, equally with the son of the rich
man, will drink from the stream of knowledge at the common fountain, and will experience
corresponding elevation cf thought, sentiment, feeling and pursuit. Such a sight cannot fail to
gladden the heart of Christian humanity in Upper Canada.
Free-Schools the True and Effectual Remedy *'or the Pernicious and Pauperizing
System at Present in use.
lY. The Free School System is the true, and, I think, only effectual remedy for the perni-
cious and pauperizing system which is at present incident to our Common Schools. Many chil-
dren are now kept from school on the alleged grounds of parental poverty. How far this excuse
is well founded, is immaterial to the question in hand ; of the fact of the excuse itself, and of its
wide-spread, deadning influence, there can be no doubt. Trustees of Schools are by law invest-
ed with authority to exonerate poor parents, desirous of educating their children, from the pay-
78 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
ment of a School-Rate Bill,— an additional amount of Rate-Bill being imposed upon the more
wealthy parents of children attending the School ; in order to make up for the deficiencies occasion-
ed by the exemption of the poorer parents. Such parents are thus invested with the character of
paupers ; their children are educated as pauper children ; while other parents, sooner than at-
tach to themselves and children such a designation, will keep their children from School alto-
gether, thus entailing upon them the curse of ignorance, if not of idleness, in addition to the misfor-
tune of poverty. Now, while one class of poor children are altogether deprived of the benefits of
education by parental pride, or indifference ; the other class of them are educated as paupers, or
as ragged scholars. Is it not likely that children educated under this character, will imbibe the
spirit of it ? If we would wish them to feel and act and rely upon themselves as free men, when
they g ow up to manhood, let them be educated in that spirit, when young. Such is the spirit
of the Free-School System ! It banishes the very idea of pauperism from the School. No dhild
comes there by sufferance ; bu' every one comes there upon the ground of right. The poor man,
as well as the rich man. pays for the support of the School according to his means ; and the
right of his son to the School is thus as legal as is that of the rich man's son. It is true, that
the poor man does not pay as large a tax in the abstract as his rich neighbour ; but he pays his
proportion of the tax and should not, therefore, the less be entitled to the protection of the law ;
nor should it less entitle him to the advantages provided by law for the education of his chil-
dren. The grovelling and slavish spiric of pauperism becomes extinct in the atmosphere of the
the Free School ! Pauperism and 'Poor Laws' are unknown in Free School Countries ; and a
system of Free Schools would, in less than half a century, supersede their necessity in any
Country.
The Comprehensive Educational Facilities and Advantages of Free Schools.
V. The system of Free Schools makes the best provision and furnishes the strongest induce-
ments for the education of every youth in each School Section of the land. To compel the edu-
cation of children by the terror of legal 'pains and penalties,' is at variance with my ideas of the
trae method of promoting universal education ; but, to place before parents the strongest mo-
tives for educating their children, and to provide the best facilities for that purpose, is alike the
dictate of sound policy and Christian Patriotism. The quarterly Rate-Bill System holds out an
inducement and temptation to a parent to keep his child from the School. The parent's temp-
tation and difficulty is increased in proportion to the number of children he has to educate. The
Rate-Bill is always sufficient to tempt the indifferent parent to keep his child, or children, from
the School ; * it often compels the poor man to do so, or else to get them educated as paupers.
In proportion to the smallness of attendance at the School will be the largeness of the Rate-Bill on
each of the few supporters of it, in order to make up the salary of the Teacher ; and as the
School diminishes in the number of its pupils, so will the Rate-Bill increase on those that remain.
The withdrawment of every pupil from the School, therefore, lessens the resources of the Trus-
tees to fulfil their engagement with the Teacher, and increases the temptation to others to re-
move their children also. Thus are the Trustees often embarrassed and perplexed ; Teachers
are deprived of the just fruits of their labours ; — good Teachers retiring and poor one's substitu-
ted ; — Schools often closed, and hundreds and thousands of children left wihout school instruc-
tion of any kind. Now, the Free School System of supporting Schools puts an end to most of
these evils. A rate being imposed upon each inhabitant of a School Section according to his
property and means, provision is at once made for the education of every child in such Section.
Every parent feels, that having paid his school rate, — whether little, or much, — he has paid
what the law requires for that year's Common School education of all his children, and that they
are all entitled, by law, to the benefits of the School. However poor a man may be, having paid
what the law requires, he can claim the education of his children as a legal right, and not supplicate
it as a pauper, or a beggar. His children go to the School, not in the character and spirit of
ragged pauperism, but in the ennobling spirit of conscious right, and on equal vantage ground
with others. Each parent, feeling, that he has paid for the education of his children, naturally
desires, that they may have the benefit of it. While, therefore, the quarterly Rate-Bill per
pupil is a temptation to each parent to keep his children from the School, the annual school rate
upon property furnishes each parent with a corresponding inducement to send his children to
school, — relieving Trustees, at the same time, from all fear and uncertainty as to the mf»ans of
providing for the Teacher's Salary. It is not, therefore, surprising to find, that, wherever the
Free School Sys*^em has been tried in Upper Canada, or elsewhere, there the attendance of pupils
at School has increased from fiftv to three hundred per centum.
The facilities thus provided for the education of each child in a School Section, will leave
the ignorant, careless, or unnatural, parent without excuse for the educational neglect of his
children. The finger of universal reproof and scorn pointed at him will prove more powerful
than statute law, and, without infringing any individual right, will morally compel him, in con-
nexion with higher considerations, to send his children to School. This is the system of "Con-
pulsory education," I wish to see everywhere in operation, — the compulsion ot provision for the
*What is here indicated is shown to have occurred in various schools, on testimony cited by Doctor Ryerson, in submit-
ting his Draft of School Bill in 1846. See Page 76 of the Sixth Volume of this Documentary History.
Cha}). IV. APPEAL OF CHIEF SUPERINTENDENT IN FAVOUR OF FREE SCHOOLS. 79
universal education of children, — the compulsion of their universal right to be educated, — the
compulsion of universal interest in the School,— the compu sion of universal concentrated opin-
ion in behalf of the education of every child in the land. Under such a system, in the course of
ten years, an uneducated Canadian youth would be and should be regarded as a phenomenon.
Rate Bills Often a Source of Neighbours' Disputes, While School Rates Up. n Property,
Being Equitable, Produce None.
VI. The System of Free Schools may also be commended upon the ground of its tendency
to promote unity and mutual regard among the inhabitants of each school division. The imposi-
tion of quarterly Rate- Bills is a source of frequent neighbourhood disputes and divisions. The im-
position of an annual rate upon all the inhabitants of a School Section, according to property,
puts an end to quarterly Rate-Bill disputes and divisions, unites the feelings, as vs^ell as its inter-
ests of all, in one object, and tends to promote that unity and mutual regard, which a unity of
object and a oneness of interest are calculated to create. The care and interest of one will be
the care and interest of all, — that is, to have the best School possible; — and the intellectual light
of that School, like the material light of heaven, will freely beam upon every child in the School
Section.
Free Schools are most Consonant with the true Principles and ends of the Civil
Government.
VII. I think the system of Free Schools is, furthermore, most consonant with the true
principles and ends of civil government. Can a more noble and economical provision be made
f >r the security of life, liberty and property, then by removing and preventing the accumu-
lation of that ignorance and its attendant vices, which are the great source of insecurity and
danger, and the invariable pretext, if not justification, of despotism? Are any natural rights more
fundamental and sacred than those of children to such an education as will fit them for their
duties as citizens ? if a parent is amenable to the laws, who takes away his child's life by viol-
ence, or wilfully exposes it to starvation, does he less violate the iaherent rights of the child in
exposing it to moral and intellectual starvation ? It is noble to recognize this inalienable right
of infancy and youth, by providing for them the means of education to which they are entitled, —
not as children of particular families, but as children of our race and Country, and how perfectly
does it harmonize with the true principles of Civil Government, for every man to support
the laws and all institutions desig-ed for the common good, according to his ability. This is
the acknowledged principle of all just taxation ; and it is the true principle of universal educa-
tion. It links every man to his fellow-man in the obligations of the common interests ; it wars
with that greatest, meanest foe to all social advancement, — the isolation of sel6sh individuality;
and implants and nourishes the spirit of true patriotism, by making each man feel, that the wel-
fare of the whole society in his welfare, — that collective interests are first in order of import-
tance and duty, and separate interests are second. And such relations and obligations have
their counterpart in the spirit and injunctions of our Divine Christianity. There, while every
man is required to bear his own burden according to his ability, the strong are to aid the weak,
and the rich are to supply the deficiencies of the poor. This is the pervading feature and an-
imating spirit of the Christian Religion ; and it is the basis of that system cf supporting Public
Schools which demands the contribution of the poor man, according to his penury, and of the
rich make according to his abundance.
Objections Against the Free School System Considered and Discussed.
VIII. But, against this System of Free Schools, certain objections have been made ; the
principal of which I will consider and answer : —
First Objection : "The Common Schools are not fit to educate the children of the higher
classes of society, and, therefore, these classes ought not to be taxed for the support of the Com-
mon Schools."
Answer. The argument of this objection is the very cause of the evil on which the object-
ion itself is founded. The unnatural and unpatriotic separation of the wealthier classes from
the Common School has caused its inefficiency and alleged inferiority, if not degradation.
Had the wealthy classes been identified with the Common School equally with their poorer neigh-
bours,— as is the case in Free School Countries, — the Common School would have been fit for
the education of their children, and proportionally better than it now is for the education of the
children of the more numerous common classes of society. In the Free School Cities and of
other Countries and States, the Common Schools are acknowledged to be the best Elementary
Schools in such Cities and States ; so much so, that, for instance, the Governor of the State of
Massachusetts remarked at a late School Celebration, that if he had the riches of a millionare,
he would send all his children through the Common School to the highest institutions in the
State. If the wealthy classes can support expensive Private Schools, their influence and exer-
tions would elevate the Common School to an equality with, if not superiority over, any Private
School, at less expense to themselves, and to the great benefit of their less affluent neighbours.
80 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
The support of the education, which is essential for the good of all, should be made obligatory
upon all ; and, if all are combined in support of the Common School, it will soon be rendered fit for
the English Education of all. If persons do not choose to avail themselves a useful and necess-
ary public institution, that does not release them from the obligations of contributing to its sup-
port. It is also worthy of remark, that the Board of Trustees in each City and incorporated Town
in Upper Canada, has authority to establish male and female Primary, Secondary and High
Schools, adopted to the varied intellectual wants of each City and town ; while in each ci untry
School Section, it requires the united means of intelligence of the whole population, to establish
and support one thoroughly good School.
Second Objection : " It is unjust to tax persons for the support of a School which they
do not patronize, and from which t'ley derive no individual benefit. "
Answer. If this objection be well founded, it puts an end to a school tax of every kind,
and abolishes School and College End ownments of every description ; it annihilates all Systems
of Public Instruction, and leaves education and schools to individual caprice and inclination
This doctrine was tried in the Belgium Netherlands, after the revolt of Belgium from Holland in
1830 ; and, in the course of five years, educational desolation spread throughout the Kingdom,
and the Legislature had to interfere to prevent the population from sinking into semi-barbarism.
But the principle of public tax for Schools, has been avowed in every school assessment which
has ever been imposed by our Legislature, or by any District Municipal Council ; the same
principal is acted upon, in the endownment of a Pro\incial University, — for such an endown-
ment is as mtich public property as any part of the public annual revenue of the Country. The
principle has been avowed and acted upon, by every Kepublican State of America, as well as by
the Province of Canada and the Countries of Euro})e. The only question is. as to the extent of
which the principle should be applied, — whether to raise a part, or the whole, of what is re-
quired to support the Public School. On this point, it may be remarked, that, if the principle
be applied at all, it sf ould be applied in that way, and to that extent, which will best promote
the object contemplated, — namely, the sound education of the people ; and experience, as well
as the nature of the case, shows, that the free system of supporting schools is the most, and, in-
deed, the only, efiectual means of promoting the universal education of the people.
1. I remark further on this Second Objection, that, if the objection be a sound one, then m.ust
the institutions of Government itself be abandoned. If a man can say, I am not to be taxed for
the support of what I do not patronize, or from which I receive no individual benefit, then will
many a man be exempted from contributing to support the administration of justice, for he
does not patronize either the civil, or criminal. Courts ; nor should he pa|» a tax for the erection
and support of jails, for he seeks no benefit from them. Should it be said, that jails are necess-
ary for the common safety and welfare, I answer, are they more so than Common Schools ? Is a
jail for the confinement and punishment of Criminals more important to a community, than a
School for education in knowledge and virtue ? In all good governments, the interests of the
majority are the rule of procedure ; and in all free governments, the voice of the majority deter-
mines what shall be done by the whole population for the common interests, without refererce
to isolated individual cases of advantage, or disadvantage, of inclination, or disinclination. Does
not the Common School involve the common interests ; and the Free-School System supposes a
tax upon all the majority, for the education of all!
2. I observe again on this Second Objection^ that what it assumes as fact, is not true. It
assumes, that none are benefited by the Common School, but those who patronize it. This is
the lowest, narrowest and most selfish view of the subject, and indicates a mind, the most con-
tracted and unenlightened. This view applied to a Provincial University, implies, that no
persons are benefited by it, except Graduates ; applied to criminal jurisprudence and its requis-
ite Officers and Prisons, it supposes that none are benefited by them except those whose persons
are rescued from the assaults of violence, or whose property is restored from the hands of
thieves ; — applied to Canals, Harbours, Roads, etcetera, this view assumes, that
no persons derives any benefit from them, except those who personally navigate, or travel
over, them. The fact is, that whatever tends to diminish crime and lessen the expf nses of
criminal jurisprudence, enhances the value of a whole estate of a Country, or District ; and is
not this, the tendency of good Common School Education ? And who has not witnessed the
expenditure of more money in the detection, impris'-nment and punishment of a single uneduc-
ated criminal, than would be necessary to educate in the common school half a dozen children ?
"Is it not better to spend money upon the child, than upon the culprit, — to prevent crime rather
than to punish it ? Again, whatever adds to the security of property of all kinds, increases its
value ; and does not the proper education of the people do so ? Whatever, also, tends to develop
the physical resources of a Country, must add to the value of property ; and is not this the
tendency of the education of the people." Is not education, in fact, the power of the people to
make all the resources of their country, tributary to their interests and comforts ? * And is not
* Never was this doctrine, (so ably expounded as it was here by Dr. Ryerson fifty years ago,) of the results of practical
education,— especially trained scientific education,— so universally believed and held, as it is to dav. Witness the career
of Germany in the matter of industrial education and its results, also of Great Britain and the United States.
Chap. IV. APPEAL OF CHIEF SUPERINTENDENT IN FAVOUR OF FREE SCHOOLS. 81
this the most obvious and prominent distinguishing feature between an educated ana an
uneducated people — the power of the former to utilize the resources of a Country, and the
powerlessness of the latter, to develope these resources of nature and Providence and make them
subservient to human interests and enjoyments ? Can this be done without increasing the value
of p'-operty ? I verily believe, that, in the sound and universal education of the people, the
balance of gain financially is on the side of the wealthier classes. If the poorer classes gain in
intellectual power, and in the resources of individual and social happiness, the richer classes
gain proportionally, I think 'more than proportionally, in the enhanced value of their property.
As an illustration, take any two neighbourhoods, equal in advantages of situation and natural
fertility of soil, — the one inhabited by an ignorant and, therefore, unenterprising, unintel-
ligent, thriftless, if not disorderly, population ;. the other peopled with a well educated, and,
therefore, enterprising, intelligent and industrious, class of inhabitants. The difference in the
value of all real estate in the two neighbourhoods is, ten, if not a liundred, fold greater than the
amount of school tax, that has e /er been imposed upon it. And yet it is the result of the
teaching in the School that makes the difference in the two neighbourhoods ; and the larger the
field of experiment the more marked will be the difference. Hence, in these School Countries,
where the experiment has been so tested as to become a system, thtre are no warmer advocates
of it than men of the largest property and the greatest intelligence, — the profoundest scholars
and the ablest statesmen.
Third Objection. It has also been objected, that " the lands of absentees ought not to be
taxed for the support of schools in the vicinity of such lands." I answer that the inhabitants
of the School Sections in which such lands are situated are continually adding to the value of
those lands by their labours and improvements, and are, therefore, entitled to some return, in
the shape of a local school tax, from such absentee landholders.
Fourth Objection. The objection, that the Free-school system is a pauperising system, has
been sufficiently answered and exposed in a preceding part of this Address. Such a term is
only applicable to the present Rate Bill system, as I have shown ; and the application of it,
to the Free School System, is an exhibition of the sheerest ignorance of the subject, or a pitiful
manoeuvre of selfishness against the education of the workiny: classes of the people. History is
unaninmous in the assertion, that the first race of New-England Pilgrims were the best edu-
cated and most independent class of men, that ever planted the standard of colonization in any
new country. Yet, among these men, did the System of Free Schools originate two hundred
years ago ; by their free and intelligent decendants has it been perpetuated and extended ;
their universal education has triumphed over the comparative barrenness of their soil, and the
severity of their climate, and made their St»tes the metropolis of American manufactures and
mechanic arts, and the seat of many of the best Colleges and Schools in America. Nor is a page
ot their educational history disfigured with the narrative of a " ragged school ", or the
anomaly of a pauper pupil.
I submit then, the great question of Free Schools, or of universal education, (for I hold
the two, to be synonymous in fact.) to the grave consideration of the Canadian public. I think
it properly appertains to the inhabitants of each school municipality to decide for themselves
on this subject. I desire no further legislative interference, than to give the inhabitants of
each school division the power of supporting their own School as they please. Of the result of
their inquiries, as to the best mode of supporting their School. I have no doubt ; and in that
result, I read the brightest hope and the greatest wealth of future Canada.
Note. As the result of this Address, as followed up by other appeals in favour
of Free Schools, published in the Journal of Education for Upper Canada, and
made at various public Meetings, the principle of Free Schools,in a permissive form,
was embodied in the School Law of 1850; and, under the provisions of that Act, the
question was debated and settled pro, or con, by the rate payers at their annual
School Meetings. This state of things continued for Twenty-one years, when, as
the great majority of these Meetings had, year by year, declared, by their votes,
to be entirely in favour of Free Schools, the law was altered, the principle of
Free Schools, — that most satisfactory mode of providing for he maintenanance
of the Schools, during the entire School year, — was incorporated in the compre-
hensive School Act of 1871, and it thus became the fixed law of the land in that
year, and has so continued to be the law of the land, up to the present time.
6 d.e.
82 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
CHAPTER V.
DOCTOR STRACHAN'S HISTORY OF KING'S COLLEGE, FROM
1797 TO 1850.
This rare Document was originally printed in a separate form, chiefly for
circulation in England by the promoters of Trinity College. It has no signature
attached to it ; but, having been favoured with the loan of a large Volume of
manuscripts, entitled : " Original Documents: Church University," I find that this
original document is in Bishop Strachan's well-known hand writing, with sundry
erasures and additions, — the most important of which I shall reproduce in the
copy, as reprinted in this Chapter.
The full title of this paper, as Doctor Strachan wrote it, was :
" A Brief History of King's College in Upper Canada, from its first Germ in
1797, to its suppression in 1850 ".
The final crisis in the chequered history of King's College was caused by
its transformation, on the first of January, 1850, under the Baldwin Bill of 1849.
By that Bill, King's College University became " The University of Toronto ".
This important change led to the publication, in various forms, of a number of
Letters, Petitions and other Papers, relating to the University controversy of that
time. These Letters and Papers, from their rarity, have now become inter-
esting historical documents.
I have had some difficulty in collecting all of these documents ; but, for-
tunately, I have been enabled to do so, and now insert them in this Volume, as
part of the historical educational literature of more than fifty years ago.
THE HISTORY OF KING'S COLLEGE, FROM 1797 to 1850.
(Note. I have compared the printed copy of this " History " with Bishop Strachan's original
manuscript copy of it, and have placed in square brackets the words in it which he had crossed out,
and have put in italics the words which he had substituted for those to which he had crossed out. )
When the independence of the United States of America was recognized by Great Britain
at the peace of 1783, Upper Canada became the asylum of those faithful subjects of the Crown
who had, during the Revolutionary wAr, adhered to their King and the Unity of the Empire.
Anxious to prove her gjrateful sense of these affectionate services, in a way the most agree-
able to their wishes and feelings, the Mother Country conferred upon them by the Constitu-
tional Act of 1791, (31st George III., Chapter 31), a form of government similar to her own ;
and, in order that the State might be sanctified by Religion, provision was made, at the express
command of the King, for its support, by setting apart for that object a portion, — one seventh —
of the waste Lands of the Crown.
It was justly believed that, in a new Colony, like Upper Canada, Lands are, and ought to
be, the fund for the foundation and permanent support of all great Public Institutions, — such
as the Church Universities, Schools, Hospitals, etcetera, because it can be done in this way,
without being burthensome to the people.
But, although provision was thus made by the Constitutional Act of 1791 for the Religious
Instruction of the [ people ] settlers^ no [ provision ] appropriation was then thought of for Schools
Ohap. V. DR. strachan's history of king's college, from 1797 to 1850. 83
and Seminaries of Learning. It is, nevertheless, pleasing to remark, that, before the division
of Canada into two Provinces, even as early as, 1789, little more than five years after the United
Empire Loyalists had begun their settlements in Canada, they ad ressed Lord Dorchester the
Governor General, on the subject of Education, setting forth the "lamentable state of their
children who were growing up without any instructions, religious, or secular." His Lordship
^ave immediate attention to this application, and directed that eligible portions of land should
jjB reserved for the support of schools in all the new settlements. *
General Simcoe, the first Governor of Upjjer Canada, on his arrival in 1792, applied him-
self vigorously to promote the religious and secular instruction of the people. He not only took
measures to render the Church property productive, but urged the Imperial Government to es-
tablish a University, to grow with the Country as one of the most effectual instruments of pro-
moting the national religion and attachment to the Parent State, t
In writing to Mr. Henry Dundas, Secretary of State for the Colonies, in November,
1792. His Excellency declares :
" That the best security of a just government must consist in the morality of the people, and
that such morality has no true basis but in Religion. "
In his letter to the Bishop of Quebec, — 30th April, 1795, — he says :
" The people of this Province enjoy the forms, as well as the privileges, of the British Constitution
, . . They have the means of governing themselves, provided they shall become sufficiently capable
and enlightened to understand their relative situation, and manage their own power to the public
interest. . . To this end a liberal education seems indispensably necessary, and the completion of
such education requires the establishment of a University to inculcate sound religious principles, pure
morals, and refined manners.":!:
General Simcoe, as was very natural, desired that the Clergy qualified to fill the Chairs in
the University should, if possible, be Englishmen, because none such were yet to be found in
the Colony ; and this to continue untill we could bring them up among ourselves. A few pious
and learned men, of rational zeal and primitive manners, would secure the interest and union of
Church and State, and constitute a University which might, in due time, acquire such a character
as to become the place of education to many persons beyond the extent of the King's Dominions.
Unhappily for the Province, General Simcoe was recalled to fill a higher station, before his
wise and extensive plans for the prosperous advance of the Province could be carried out ; but
his exertions in favour of Education were not altogether lost, for the Legislature in the Spring
of 1797, soon after his departure, addressed the King by petition, to appropriate a portion of the
waste lands of the Crown for the support of Grammar Schools, and a College, or a University. §
To this Address a most gracious answer was received from His Majesty, King George III,
through the Duke of Portland, then Secretary of State for the Colonies, in which His Majesty
expresses his readiness to show his patronal regard for the welfare of his subjects in the further-
ance of an object so important as the instruction of youth in sound learning and the principles
of the Christian Religion.
For this purpose, Mr. President Russell, then Administrator of the Government of Upper
Canada was directed to consult the Members of the Executive Council, and the Judges and Law
Oflficers of the Crown in Upper Canada, and to report ic what manner, and to what extent, a
portion of the Crown Lands might be appropriated and rendered productive towards the forma-
tion of a fund for [these important objects^ the establishment of Free Schools in those Districts
in which they were called for, and, "in due course of time, for establishing other Seminaries of a
larger and more comprehensive nature," for instructing the youth in " Religious and moral learn-
ing," and " the study of the Arts and Sciences."
The Report (of the Law Officers and Judges)] | advises the establishment of two Grammar
Schools, as sufficient, at the time, for the wants of the Province, and to defer that of the Uni-
versity, as not yet [required] necessary. It recommends the appropriation of Five Hundred
Thousand acres of the waste Lands of the Crown — one-half for the Grammar Schools, and the other
half for the endowment of the University, when it should be required. But, as Lands in 1798
were only of nominal value, and without ready sale, even at ninepence Halifax currency per
acre, or eight pence sterling, it was found unadvisable to take any further [step] measures, at
that time, because the whole appropriation would not have produced a sum sufficient for the
reasonable endowment and building of the two Grammar Schools.
* Further information on this subject is given in a " History of Education in Upper Canada," and printed on pages
153, 154 of the First Volume of this Documentary History. See Doctor Strachan's reference to the subject on page 158,
159 of the same Volume.
t See reference to the Simcoe Letters and Papers on pages 10—14 of the same First Volume.
X See page 12 of the same First Volume.
§ This Petition, from the Legislature, as well as the answer to it, (which was of a more comprehensive character than
the Petition,) by the Duke of Portland, Colonial Secretary, will be found on pages 16, 17 of the First Volume of this Docu-
mentary History.
II Ibid, pages 20-23,
84 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
Although necessarily delayed, the prospect of establishing a University was frequently
mentioned and never l«st sight of.
In January, 1819, the attention of the Executive Council was again directed to the School
Land Reservation made in 1798, and not finding sufficient authority for fmakinsf, or confirming
it] its appropriation, they recommended to His Excellency, Sir Peregrine Maitland, the Governor
of the Province, to request of Her Majesty's Government a formal sanction to sell, lease, grant
and dispose of the said 500,000 acres of land for the purpose of establishing a University and
Grammar Schools [in the] throughout the Province to be endowed [under a Royal Charter] with a
portion of these lands. [And, in order to erect the necessary Buildings.] So soon as such sanc-
tio7i teas obtained, they state that ten Thousand pounds, (£10,000,) would be required to erect
the necessary Buildings with an endowment of Four Thousand pounds, (£4,000,) per annum to
meet the payment of Salaries and other Expenses.]
In 1806, a Philosophical Apparatus was purchased, by order of the Legislature and consigned
to a Clergyman wdl qualified for the purpose of teaching the youth of the Province the Elements of
thehigher Mathematics and Mechanical Philosophy,* and, in 1807, a Grammar School was estab-
lished in each and every District, as nurseries for the contemplated University. | No further steps
seem to have been taken for many years to carry out these suggestions ; but, in 1820, when a
law was passed to increase the Representation of the House of Assembly, it was, among other
things, provided :
" That whenever the University [was established, it should be represented by one member] shall
he organized, and in operation, as a Seminary of learning in this Province, and in conformity to the
rules and regulations of similar Institutions in Great Britain, it shall he represented in the Provincial
Parliament by one Memher.'''X
In December, 1825, His Excellency, Sir Peregrine Maitland, addressed Lord Bathurst,
Colonial Secretary, on the subject of the University, and of the incalculable importance of its
immediate establishment, —
"Education," continues His Excellency, " must have an ascendency to a certain extent in every
Country, and, to provide for that education being received, under circumstances that must produce a
common attachment to our Constitution, and a common feeling of respect and affection for our ecclesi-
astical establishment, is an object so evidently desirable that I need not press it upon your Lordship's
attention.
" Your Lordship is aware that about Four Hundred and Fifty Thousand acres of Land have been
set apart, as a provision for this object ; but some of these Lands, though they possess the advantage
of being in large blocks, like in tracts at p»'esent remote from settlements, and a considerable portion
of those is not of the first quality.
" It has occurred to me, that, if Your Lordship saw fit to allow an equal quantity of the best of
these lands were exchanged for that portion of the Crown Reserves which remains to the Government
as being under lease, the latter could almost immediatelj^ be disposed of at an average price not less
than ten shillings per acre, and a sum might thus be produced that would admit of the immediate
establishment of an University — on a scale that would render it efiective."
Theproposed exchange was permitted, § and on the 15th of March, 1827, (a few months after,)
a Royal Charter was obtained through the influence of Sir Peregrine Maitland, who, during the
whole of his administration, was the strenuous promoter of Education and pure Religion. || In
(regard] reference to these and other particulars regarding the University of King's College the
following [Despatch] extracts from Lord Bathurst's Despatch of Slst March, 1827, to Sir Pere-
grine Maitland is too important to be omitted : —
•' Sir, — I have the honour to inform you that His Majesty has been pleased to grant a Roj'al
Charter by L' tters Patent, under the Great Seal, for establishing at or near the Town of York, in the
Province of Upper Canada, one College, with the style and privileges of a University for the Educa-
tion and instruction of youth in Arts and Faculties, to continue for ever to be called King's College.
*• I am further to acquaint you that His Majesty has been pleased to grant one thousand pounds
per annum as a fund for erecting the Buildings necessary for the College, to be paid out of the moneys
furnished by the Canada Company and to continue during the term of that agreement. IT
"I have to authorize you, on the receipt of this Despatch, to exchange such Crown Reserves as have
not been made over to the Canada Company for an equal portion of the lands set apart for the purpose
* For the copy of the Statute authorizinjf the purchase of this Philosphical Apparatus see page 56 of the First Volume
of this Documentary History. See also the Reverend Doctor Scadding's reference to.of this Apparatus on page 55 of the
same Volume.
t The Act, authorizing the establishment of these Common Schools will be found on pages 60, 61 of the same First
Volume.
t The Act of providing for this representation is printed on page 174 of the same First Volume.
§ See page 205 of the First Volume of this Documentary History.
II Ibid pages 222-225.
U The payment of this Grant to King s College Conncil was suspended in 1832 See page 228 of the Second Volume of
this Documentary History.
Chap. V. DR. strachan's history of king's college, from 1797 to 1850. 85
of Education and foundation of a Universit}', as suggested in your Despatch of 19th December, 1825,
a.nd more fully detailed in Doctor Strachan's Report of the 10th March, 1826,* and you will proceed to
endow King's College with the said Crown Reserves with as little delay as possible."t
The Charter thus obtained was the most open that had ever been granted, or that could
have been granted at the time by the British Government, and the endowment conferred upon
the University which it created was truly munilicent and amply sufficient to carry out the objects
which George the Third had in view, when he directed the appropriation of land to be made
videlicet: — The instruction of the Youth of the Province in sound learning and Religion. Nor
were these objects forgotten by King George the Fourth, for they are embodied in the preamble
of the Charter which he granted ; —
"Whereas the establishment of a College within Our Province of Upper Canada, in North Amer-
ica, for the Education of Youth in the principles of the Christian Religion, and for their instruction in
the various branches of Science and Literature, which are taught in Our Universities of this Kingdom,
■would greatly conduce to the welfare of the Province," etcetera,
Un receiving the Charter, Sir Peregrine Maitland lost no time in forming the College Coun-
cil, and securing the Endowment by Patent (in 1828)|; and, had he not been promoted to a high-
er Government, King's College would have very soon begun the business of instruction.
In the meantime the enemies of the Church, deeming the conditions of the Charter too
favourable to her Spiritual interests, made a clamor that attracted, in 1828, the attention of a
Committee of the House of Commons, then sitting on the Civil Government of Canada; and the
members of the Church of England in Upper Canada, having been incorrectly stated as verv few
in number, the Committee in their Report recommended the establishment of two Theological
Professors, — one of the Church of England and another of the Church of Scotland ; but that,
with respect to the President, Professors and all others connected with the College, no Religious
Test whatever should be required, but that the Professors, (with the exception of the Theological
Professor,) should sign a declaration that, as far as it was necessary for them to advert in their
lectures to Religious subjects, they would distinctly recognize the truth of the Christian Revela-
tion, and abstain altogether from inculcating particular doctrines. § Nothing came of this recom-
mendation, for the Charter, with the exception of the College Council, was more open than the
Committee suggested, and steps to appoint a Theological Professor of the Church of Scotland
were afterwards rendered unnecessary, as that Church obtained a Royal Charter establishing a
College with Universiity powers, exclusively their own, and which is now in operation 1| But,
although no action was had on the recommendation of the Committee of the British House of
Commons, it did infinite mischief, as it appeared to imply that a Royal Charter might be altered
and remodelled ; and even after that, it becaaie a constant object of annual clamor and attack. IT
After Sir Peregrine Maitland's departure, the University met with much unworthy treat-
ment, and no protection from the Head of the Colonial Government ; and thus eight years were
lost in ceaseless opposition to an Institution, which would have conferred upon the youth of the
Province that liberal education they desired, and the loss of which can never be retrieved.
Unfortunately, this continued opposition to the University had at length an influence upon
the Imperial Government, for, in January, 1832, a Despatch from Lord Goderich, now Lord
Ripon, was laid before the College Council, proposing to the Members of the Corporation to
surrender their Royal Charter, together with the Endowment, on the assurance from the Secre-
tary of State, that no part of the Endowment should ever be diverted from the education of youth.
In an able Report, the Council stated their reasons for refusing compliance with this extra-
ordinary request, and that they did not think it right to concur in surrendering the Charter of
King's College, or its Endowment. The College Council further observed —
"That they did not feel, or profess to feel, a sufficient assurance that ; after they had assented to
destroy a College, founded by their Sovereign, under [an] as unrestricted and open a Charter as had
ever passed the Great Seal of England for a similar purpose, the different Branches of the Legislature
would be able to concur in establishing another that would equally secure to the inhabitants of this
Colony, through successive generations, the possession of a Seat of Learning in which Religious Know-
ledge should be dispensed, and in which case should be taken to guard against those occasions of in-
stability, dissension and confusion, the foresight of which had led, in our Parent State, to the making
an uniformity of Religion, in each University throughout the Empire, an indispensable feature in its
Constitution.
* Printed on pages 211-215 of the First Volume of this Documentary History.
t Pages 225, 226 of the same First Volume of this Documentary History.
t See Message of Sir Peregrine Maitland on pages 237, 238 of the same First Volume of this Documentary History. See
also page 269 of the Third Volume.
§ In regard to the Report of the Imperial Parliament See Chapter XLVI of the same First Volume.
II For Copy of this Charter of Queen's College, Kingston, see pages 84-88 of the Fourth Volume of this Documentary
History.
If As to the right of a Colonial Legislature to alter and amend a Royal Charter, See discussion on the subject on pages
204-210 of the Third Volume of this Documentary History.
86 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
"If the objections entertained by the Council against the surrender of the Charter were not insur-
mountable, no stronger inducement could be offered than the request which His Lordship's Despatch
conveys. For the Council cannot fail to be sensible that such a request can have been dictated only
by a supposed necessity for departing from established principles, in order to promote the peace and
contentment of the Colony. With the opinions, however, which the Council entertain, and with the
opportunity of forming these opinions, which their residence in the Colony affords them, they could
never stand excused to themselves, or to others, if they should surrender the Charter, supposing it to
be within their power, so long as there is an utter uncertainty as to the measures that would follow, — the
moral and Religious state of more than Two Hundred Thousand British subjects is at present involved
in the proper disposal of these questions, and before many years will have elapsed more than a million
will be effected by them. The Council, therefor, whatever results may be obtained by other means,
could not justify to themselves the assuming the responsibility of endangering the existance of the In-
stitution. They feel bound to look beyond the movements and discussions of the passing moment, and
could not even, if they concurred in the view of the present expediency, consent to pull down the only
foundation which at present exists in Upper Canada for the advancement of youth in Religion and
Learning, upon a system which has not yet been repudiated in any part of His Majesty's Dominions."*
It would be tedious and without profit to enter more minutely into the persevering opposition
to the establishment of the University during the following five years. It is, however, melan-
choly to contemplate the Legislature of Upper Canada lending itself to destroy an Institution
calculated to cherish affection to the Government and the purest principles of Religion.
Sir Francis Bond Head, on his accession to the Government, guided by that ardent spirit
and intuitive perception of whatever is good and noble, which characterized him, saw, at once,
the vast advantage of establishing the University ; and although he could not, with prudence,
prevent the Legislature from making some changes in the Charter, to which the College Council
most reluctantly assented as a final settlement, he deserved great praise for discountenancing^
further innovation.
The Charter having been thus settled by the A ct of 1837, 7th William the Fourth, Chapter
16, t which adopted all the alterations of its more reasonable opponents. Sir Francis B. Head
readily concurred wdth the College Council in devising the measures necessary for bringing it
into active operation ; but just as the preliminary steps were arranged, — contracts for Buildings
ready to be signed, and Professors and Teachers about to be appointed, — the political disturbances
of 1837 broke out, and, for a time, suspended this, and many other, excellent measures projected
by that able and independent Ruler.
After the suppression of the Rebellion, Sir Francis B. Head resigned the Government, and,
during the two following administrations, no proceedings were had respecting the University
of King's College worthy of notice, or commendation.
When Sir Charles Bagot assumed the Government in 1842, King's College engaged his
special attention. Being himself a scholar and University man, he saw the vast importance of
such a Seminary in a rising Country, and he set his heart upon its immediate establishment.
In accordance with his ardent desire on this subject, the first distinguished act of his adminis-
tration was to come to Toronto, and lay the Foundation-stone of the contemplated Building, oa
the 23rd of April, 1842. J
This was done in the most solemn manner, with prayer and praise, for it has been the^^
practice of Christians in all ages, when undertaking any work of importance, to seek for Divine
light and assistance.
Although Sir Charles Bagot was not spared to witness the opening of King's College, which
did not take place till the 8th June, 1843. § yet, during his lamented illness, he never ceased to
take the warmest interest in its welfare, and his memory, in connection with King's College, will
ever be kindly remembered.
From the day of its opening to that of its suppression. King's College, notwithstanding th»
political bearing which the injudicious alterations in its Charter had greatly increased, proceeded
vigorously in its academical career and was obtaining, through its scholars, who belonged to all
Denominations, an influence which was rapidly increasing throughout the Province Parents^
felt a confidence in its Religious character, and, as none, but students belonging to the Church
of England, were expected to attend the Chapel morning and evening, sober-minded Dissenter*
were not offended. On the contrary, the knowledge that prayer was offered up twice every day
pleased them, because it gave a solemn tone to the labours of the day and sanctified the
Institution.
*Thi8 refusal of the King's College Council to surrender the Charter of the King's College University will be found, iri
extenso, on pages 32-37 of the Third Volume of this Documentary History,
t This Act is printed on pages 88, 89 of the same Third Volume.
J See an account of this Ceremony on pages 202-209 of the Fourth Volume of this Histon'.
§ Full particulars of the opening of King's College are given on pages 277-292 of the same Fourth Volume of this History.
Chap. y. DR. strachan's history of king's college, from 1797 to 1850. 87
The students rapidly increased, and the strict impartiality of treatment was universally
acknowleged. But, instead of conciliating its enemies, these proofs of prosperity and fair
dealing increased their animosity. They became alarmed that King's College, if left unmolested
for a few years, would gain a popularity among all the truly religious in the Province, and place
itself in a position of safety which they could not disturb. Hence they allowed it no peace.
Session after Session of the Legislature, it was assailed, and, after defeating three [fourj successive
Measures — (that of 1843, and those of, 1845, 1846 and 1847) — for its destruction, its friends became
weary, and the fourth attempt in 1849, has, unfortunately, proved successful.
King's College was opened for instruction in June, 1843, and, in the following November,
Mr. Attorney-General Baldwin introduced a Bill, by the provisions of which it would have been
destroyed, and an University established in its room, altogether political in its bearing, cumber-
some and unwieldy in its enactments, and from which Religion was totally excluded. But, on
examination, it was found so clumsy and impracticable in its details, and some of them so puerile
and silly, that the Bill, before it was half discussed, became a subject of general merriment and
ridicule, and its Author was glad to permit it to sink into oblivion.* It is not, therefore,
necessary to enter into [its details] the particulars of the Measure of which its promoters are
ashamed . . .
The Political party favourable to this Measure lost the management of public affairs, and
their opponents, who professed to be Conservatives, became the administrators of the Government.
It was now hoped that King's College would be left in peace, and be allowed to win its way»
as it was rapidly doing, in the affections of the people.
But, instead of permitting it to proceed in its onward course, the new Draper Ministry, as
they were called, yielded to the clamor of a most insignificant faction, and introduced a Measure,
in 1845, respecting the Institution, little, better than that of their opponents. For its
revolutionary character and demerits it is sufficient to refer to the Memorial ot the Visitors of
the College, being also the Judges of the Supreme Court, f
It might have been hoped, that, as each of the two parties had attempted to remodel
King's College, and had signally failed, it would have been left in future unmolested. But
this was not to be. The Conservatives made other attempts in 1846 and 1847, which, though
in some respects better, because there are degrees of evil, was nevertheless, liable to the most
serious objections ; but the last one of them, having been introduced late in the Session, it was
allowed to drop, and soon after its authors were driven from power, and the Reformers again
held the reins of Government.
This party, not discouraged by their former failure, introduced the Measure in 1849, suppres-
sing King's: College, of which, as it became law on the first of January, 1850, we now complain.
It is by the same hand as the Bill of 1843, though not quite so unwieldy, being reduced from
102 to 82 Sections. It is, nevertheless, equally blighting in its provisions, and hostile to
Religion, as will be seen from the Petitions presented against it| and remarks on its principal
provisions
In the Preamble of the University Act of 1849, it is said, that a College is sought to be
established for the advancement of learning, and " upon principles calculated to conciliate the
confidence and insure the support of all classes and denominations of Her Majesty's subjects,"
and which, " under the blessing of Divine Providence ", would " encourage the pursuit of
Literature, Science and Art, and thereby tend to promote the best interests, — Religious, Mor-
al and Intellectual, of the people at large. "
Now it must be admitted, that these are, in themselves, noble and important objects. But.
upon what principles does the Statute promise their attainment ? Could its Framer believe
that confidence was to be conciliated, — the support of the people insured, and the blessing of
Divine Providence obtained, and the best interests, Religious, Moral, and Intellectual promoted
by a College, whose constitution ordains, in its Twenty-ninth Section, and repeated again in the
Sixty-fourth: " That no Religious test, or qualification, whatsoever, shall be required of, or
" appointed for, any person admitted or matriculated, etcetera ". Nor shall Religious
" Observances, according to the forms of any Religious Denominations, be imposed upon the
" Members, or Officers, of the said University, or any of them." To speak of the interests of
Religion being promoted by an Institution from which every reference to it is, by law,
excluded, is an unworthy mockery.
But, on this point, the people have already spoken. The four great Denominations of
Christians, embracing almost two-thirds of the population, have resolved to have no connection
with such an Institution ; how far their example will be followed by the smaller Religious
Denominations has not yet been ascertained.
* This Bill, in extenso, is printed on pages 61-87 of the Fifth Volume of this Documentary History.
t This Memorial is printed on pages 169, 170 of the same Fifth Volume of this History.
t Copies of these Petitions are printed on pages 123-129 ; a Petition in its favour, from the Council of King's College, is
given on pages 129-132.
88 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
By the last Census, [of 1848 ?] the population of Upper Canada was found to be . . 721,000
The Church of England, (which cannot connect il-self with the proprosed Col-
lege) gives 171,751
The Church of Rome, also 123,707
The Wesleyan Methodists, also 90,363
The Kirk of Scotland, also 67,900
Those who will not profit by the University of Toronto 453,721
Leaving to profit by this Measure , 267,279
But, even this, will in all probability, be found too much in favour of the Institution, for
the Scottish Free Church and Congregationalists disapprove of the principle of excluding
Religion from education, in which case they will soon have Colleges of their own.
Scottish Free Church in Upper Canada 64,729
Congregationalists in Upper Canada 20,372
To be further deducted 85,101
Leaving to profit by the new College at Toronto 182,178
But. even from this, must be deducted many of the smaller Religious Denominations, who
disregard Universities and such knowledge as they impart. Bence the Statute establishing the
University of Toronto and destroying King's College, legislates for one-fourth of the population ;
and, as one half of these will not use the privileges of the College, the feelings and interests of
the great majority of the inhabitants of Upper Canada are sacrificed to a small and clamorous
fraction.
The Preamble next quotes a Despatch of Lord Goderich, dated 8th November, 1832, as the
foundation of the Statute, and which contains, it alleges, an invitation from His late Majesty King
William the Fourth, to consider in what manner "the said University could be best constituted
for the general advantage of the whole society."*
Now, the Despatch, thus referred to, was not written for the purpose of calling the attention
of the Colonial Legislature to King's College, or to legislate thereon, but is an elaborate document
on a very different subject, being an answer to William Lyon Mackenzie's huge Volume of
*' Grievances". t This Volume consists of Fifty-six wearisome paragraphs, and touches incident-
ally on the University of King's College, which, in three different places, constituted one of the
* 'Grievances"..
Mr. Mackenzie complained that the Provincial law of 1820 conferred on the University, when
established, the power of sending one Representative to the Legislature, and inferred that it would
become a nomination borough, under the special patronage of Church and State. J
To this complaint Lord Goderich replies :
" I should scarcely have anticipated that any man, and least of all a man devoted to literary pur-
suits should have denied the propriety of giving a Representative to the principal seat of learning in
the Province. — It would be superfluous to expatiate on the importance of institutions for the Educa-
tion of youth in literature, science, and Religion, especially in a newly settled country, and I am well
assured, that neither in the Council nor Assembly, could a single gentleman be found who would not
gladly receive as a colleague a person representing the collective body of literary and scientific men in
Upper Canada, and who would not gladly support, by that distinguished hor>our, the cause of sound
learning."
In the following paragraph Lord Goderich adds :
*' I do not here refer to an University constituted in the manner proposed by the'original Charter
of Incorporatir>n (of 1827); so far from any anxiety having been felt by the King's Government to main-
tain that Charter against the wishes of the great majority of the people, every possible measure has
been taken to refer to their Representatives the decision of the question, in what form, and on what
principle, the College should be founded." §
After answering other complaints through twelve laborious paragraphs, the subject of gen-
eral education comes up, on which Lord Goderich observes :
" That there is not one thing connected with every part of his extensive Dominions which His
Majesty has more at heart than the general diffusion of sound knowledge, in the legitimate and more
enlarged sense of the term. This is not merely the first and highest interest of society, but it is
essential to the right use and peaceable enjoyment of every other civil and social privilege. The
Legislature of Upper Canada have already been invited to consider in what manner the University
*A copy of the Despatch will be found on pages 112, 113, of the Second Volume of this Documentary History.
tin regard to this notable "Grievance" Report, See Chapter X, page 187, of the same Second Volume.
,«. tin regard to this matter of the representation of the University in the Legislature, see pages 138, 141, 153, 169 and
174 of the First Volume of this History. . k & . , ,
§ See pages 112, 113, 116 and 188 of the Second Volume of this Histoiy.
Chap. V. DR. strachan's history of king's college, from 1797 TO 1850. 89
can be best constituted for the general advantage of the whole society ; and His Majest}^ has studiously
abstained from the exercise of his undoubted prerogative of founding and endowing literary, or Re-
ligious, corporations until he should obtain the advice of the Representatives of- the people for his
guidance in that respect."
These are all the passages in this extraordinary Despatch which touch upon King's College,
and they arise incidentally from Lord Goderich's anxiety to answer the voluminous complaints
of Mr. Mackenzie, which were recklessly made against every institution and man of character in
the Province.
The Despatch, and the only one containing the invitation alluded to, is dated the 2nd of
November, 1831, "^ but as it strongly recommends :
" The permanent establishment in the College, on a secure footing, of a Professor of Divinity of
the Church of England."
The promoter of the Act could not, with any decency, in the face of such Royal recommen-
dation, enact, as he has done in the Twelfth Section :
" That there shall be no Faculty of Divinity in the said University, nor shall there be ^ny Pro-
fessorship, Lectureship, or Teachership, of Divinity in the same."
He has, therefore, recourse to the unworthy expedient of quoting a different Despatch which
only refers incidently to King's College.
Another reason, equally disingenuous, for using the wrong Despatch is, that the invitation
contained in Lord Goderich's Despatch of the 2nd of November, 1831, was already fully satisfied
by the Provincial Legislature in 1837.
In that year, the Statute of 1837, (7th William the Fourth, Chapter 16), t was passed amend-
ing the Charter of King's College, in which all the reasonable objections made against it, up to
that period, were fairly met, and, in which, the majority never would have concurred had they
not believed that it was a find setblemant of the question. Since then no fresh invitation has
been addressed by the Crown to the Government of the Colony, to interfere, a second time, with
the Charter of King's College.
So much for the truth and correction of the preamble of the University Act, of 1849 (12th
Victoria, Chapter 82,) by which King's College is destroyed. J
Having thus deprived King's College of its Charter, Religious Character, and [Endowment]
name^ the Statute proceeds, in the Thirty-second Section, to confiscate its Endowment, and to
vest it in the new (Corporation ; and this, in defiance of the faith of the Crown expressed in the
words of three dilSerent Kings, and, with as much coolness, as if there had been no such pledges,
no vestfed rights, no corporation, no moral turpitude in a proceeding, which strikes at the
security of ail property in the Colony. But it is quite superfluous to extend these remarks to
the many clauses of the Statute of 1849, (12 Victoria, Chapter 82). We have elsewhere
observed that the leading features of the Measure may be reduced to three :
1st. Contempt for the wishes of the people, for almost two-thirds are [totally] virtually
excluded.
2nd. Bitter hostility to Religion, and especially to the Church oj Enqlandy for no man dare
legally repeat the Lord's Prayer within the Halls of the University of Toronto.
3rd. Disrespect to the expressed wishes or three Sovereigns, a7id hence to everything
tending to the stability of the Crown. Only two points worthy of notice remain. The Statute
evinces a suspicious jealousy of all Ministers, Ecclesiastics, and Teachers of Religion, and even
prohibits the Crown from selecting them to be Members of the Senate, so that in a short time
not one Clergyman will belong to the Institution except it be one Teacher, or Minister, from each
of such Incorporated Collegiate Institutions, or Universities, in Upper Canada as shall, [as pro-
vided in] accorcZm^ to the requirements of the Forty- third Section, surrender the power of con-
firming Degrees in Arts. Now, such surrender of pow^ers conferred by Royal Authority is not
probable, because the Colleges, even if inclined to do so, upon what might he considered equitable
terms [can receive nothing] are offered nothing by the Statute in return (but degradation] hut
l»ss of dignity . The connection, or incorporation, merely consists in the admissions of one
Representative from each of the Theological Colleges, to a seat in the Senate. Now, this Body
is to consist of Twenty-two, or Twenty-three, Members, and what influence could one solitary
[Member] HepresentaHve posess for the benefit of his [respective College] own Institution ? Is it
not evident that the affiliated Colleges [would be entirely thus thrown in the shade by the colos-
sal University of Toronto without Religion, or Moral training woxdd hecome helpless and unable
to extend their discipline to their own youths of early age, or possess the means of enforcing it
[the Rules and regulations] 1 And were they to attempt to overcome this difficulty, by
employing a greater number of Professors to take charge of [the younger] their own students,
they would still fail, and the customs and Regulations of the secular and [Godless] larger
Institution, [prevail], as having the greater number of students^ ivould certaivdy prevail. Instead,
then, of incurring an expense, Ijy which they would secure no equivalent, how much more easy
and beneficial to add to Queen's and Victoria Colleges, two, or three. Professors in Arts [or
* Printed on pages 55, 56 of the Second Volume of this Documentary History.
t Given on pages 89, 89 of the Third Volume of this History.
I This Act is printed on pages 147-166 of the Eighth Volume of this History.
90 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
thus giving] to enable them to give their respective Youths a complete education, scientific and
Religious ? To acquire the pure [Religious] knowledge and practice of Religion, it must enter
into all their actions, and cannot be separated from their daily life, because the chief end of
our being is to prepare for [eternity] the world to come. The very presence of these various
Theological Colleges [will] would have a most [contradictory] injurious effect [on the College],
Because the University of Toronto, which proscribes Religion, and treats all its forms as matters
of indifference [cannot] ivill have no disposition to enforce upon these Pupils, who belong not to
these affiliated Colleges, any reverence for Holy things. — Hence, from the very first, we shall
have a corps of Infidels growing up and, like all the wicked, eager to [extend their views]
make proselytes, by stirring up strife [between] among the youth attached to the diflferent Col-
leges, and holding up the Colleges themselves as a proof that there is no difference, as to the
comparative goodness, between them ; that the opposite opinions which they hold [proves]
shew th&t truth and falsehood are the same ; that, even the " faith once delivered to the saints "
is of no value ; that the most pernicious heresy ever broached is harmless ; and that every
man has a right to interpret the Scripture as he pleases !
[Inded the very] Such a collection of fa number of ] Theological Colleges [together] would be-
come, of itself, a sort of standing protest against the Gospel truth [of Christianity] and by one of
the moat successful methods ever imagined of holding it up to the contempt and ridicule of
[wicked] flagitious men. But, if, we take the matter still more closely we shall find, that the
discipline and order of the affiliated Colleges could never be made to harmonize with those of
the University of Toronto, and more especially, with that belonging to the Church of England.
As a Theological College, its inmates must religiously observe all the fasts and festivals of
the Church, the solemnity of Lent, the regular daily services of Passion-Week and Whitsun-
Week, with all of which the University would fail to sympathize, or provide for, by any change
of discipline, or attendance. So that, through the whole year, violence would be done, even by
the common proceedings of the University, to our Religious feelings, and our most [solomn
acts] august forms of worship. It should also be remembered that such afl&liated Colleges are
not essential parts of the University, but merely accidental appendages, without which,
destitute as they are of all power and authority the University can proceed as well without, as
with, them. Again, the Degrees in Divinity would seem without value, inasmuch as they would
be conferred by a petty College of two or three persons, and be felt to be insignificant when com-
pared to the Degrees in Arts [conferred with pomp and circumstance] co7tferred by the University
itself Besides, every Sect may have its College, or apology for a College, and thus, a public
sanction be given to all opinions, however mischievous and contradictory, and we should
have Socinian, Mormonite and Swedenborgean Doctors in Divinity, — a result which would
bring all such Degrees into utter contempt. In fine, the very fact [of any Sect, or Denomina-
tion,] of the Church aftiliating its College with such a University would indicate a tacit consent
to its irreligious principles ; hence nothing is left to the honest and sincere of all Christian
Denominations but to fly from the unclean thing.
How is it in the great Public Schools in England, such as Eton, Harrow, Winchester and
Rugby ? —all of which are [in every important point] identical, as regards habits of life,
studies and intellectual characteristics, and still more especially as to personal decorum, Christian
Morality, and the pious observances enjoined by the Holy Scriptures ? Look at the stirring
sermons of the late Doctor Arnold, of Rugby, and, more recently, those of Doctor Moberly, the
present Head Master of Winchester School, and of Doctor Vaughan, of Harrow, and reflect on
the labour and anxiety of these eminent men, not [merely to msike]only to ad'mnce their pupils in
scholastic attainments, but, above all, to make them feel, from their first entrance into life, that
they are born for eternity. From this moral training they proceed to the University, where
they are placed under the same Religious supervision and instruction, untillthey take their
Degrees and commence their difi'erent professions. Now, if we reflect that the world, its dangers,
its seductions, its menaces and troubles must be known and met, and conquered, is it not of the
utmost consequence that our youth should be prepared for this fiery trial, by a training in
heavenward lessons of Faith Diligence, and Obedience, and, thus awakening the soul, by an
habitual sense of God's authority and consciousness of His presence, to hopes which are never to
be satisfied but in the fruition of the life to come ?
Instead of this, the University of Toronto offers us that spurious counterfeit which has sought,
in every age, to usurp the name of Education, while flatly opposed to its true object. It is secular
education ; a training for this world alone, without caring for the next. It is made up of half-
truths, perverted into, falsehood ; of earthly facts divorced from moral truth and Religious
obedience ; and of a pandering to corrupt appetite for unseasonable knowledge.
" By these characters was it marked when it began in Paradise, and these serpent features it
retains.—' Your eyes shall be opened.' There was partial truth in the words ; but the truth served
only to gild the delusion, and to do the work of falsehood. ' Ye shall be as gods, knowing good and
evil.' Here was intellectual progress set at variance with the will and command of God. And what
were the natural effects ? misery and death. Such was secular education at its birth, and such, in its
main features, does still continue. May we never accept these ' Apples of Sodom ' in exchange for
the living truth of God's Holy Word ! " *
Chap. VI. DOCTOR strachan's church university correspondence. 9 1
CHAPTER VI.
DOCTOR STRACHAN^S "CHURCH UNIVERSITY" CORRESPONDENCE.
The fundamental change which was made by the Baldwin University Act
of 1849, in the management of King's College, led to an active movement among
its friends and adherents to establish an exclusively Church of England
University, in its place. This movement was of a two-fold character, both of
which were under the immediate direction of Doctor Strachan, — the first Church
of England Bishop of Toronto.
The principal and preliminary effort put forth was the prosecution of an
active canvass in Upper Canada for Funds wherewith to erect and maintain a
Church of England College and University ; the other movement was in the form
of an appeal to the adherents of the Church of England in the Mother Country,
to be made there, should the success of the canvass for funds in Canada warrant
the making of such an appeal in England.
In order that this fact should be the more strongly impressed upon the minds
of those who were friendly to the proposed Church University, the following state^
ment of that fact was printed, (as a heading,) on all of the subscription lists which
were circulated in 1850 among members of the Church of England, chiefly in the
Bishop's own Diocese, which then included the whole of Upper Canada : —
" The Churchmen of the Diocese of Toronto must bear in mind, that we cannot, with any
reasonable hope, make a successful Appeal to our Brethren in the Mother Country for assistance
in establishing an University worthy of the pure Church, to which we belong, until, we can
prove, by our own exertions, that we are in earnest.
*' Besides, therefore, signing the Petition to the Queen, and to the two Houses of [the British]
Parliament, it is hoped that the Members of the Church will subscribe liberally in Money and in
gifts of Land, as God has prospered them.
*' It is a glorious work, which ought not to be delayed ; and a better investment for Time
and Eternity it is impossible to conceive, "f
With a view to bring the whole 'question fully before the Members of the
Church of England in his Diocese, the Bishop issued an elaborate Pastoral on the
subject, dated the Seventh of February, 1850. It is not necessary for me to insert
more of this Pastoral than those parts of i*j which deal directly with the educa-
tional side of the controversy, in which the Bishop was then engaged, so far as it
affected this Province.
As soon as Doctor Strachan had assured himself of the active cooperation
and financial support of the Members of his Church, to whom he had appealed
for such cooperation and support, he left Canada for England in April, 1850, with
the double purpose of, enlisting the practical sympathy of Members of the Church
of England in that Country, and, as a consequence, of receiving liberal financial aid
* Church of England Quarterly Review for July, 1840.
t Copied from the Book of " Original Documents— Church University ", as it appears there, in the hand-writing of
Bishop Strachan.
92 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1 850
from them in his efforts to found a purely Church of England University in
Upper Canada. His other purpose was to induce the Imperial Government to
grant him a Royal Charter for the proposed University.
In seeking to accomplish the first object of his visit to England, he drew up
a full statement of the case from his standpoint, for the information of Members
of the Church of England there, and, by letters and personal interviews and
addresses, to endeavour to succeed in enlisting the warm sympathy of Members of
the National Church in favour of his scheme. As a practical proof of this sym-
pathy, which he called forth, they furnished him with funds wherewith to give
effect to his scheme, to the amount of Ten Thousand pounds (£10,000) sterling.
To accomplish the second object of Doctor Strachan's visit to England, in
1850, was a much more diflBcult task, — that of securing a Royal Charter for his
proposed Church of England University in Upper Canada. The Imperial Author-
ities declined to grant the Charter asked for, without first receiving the formal
assent of the Government of Upper Canada to their doing so. The consequence
was, that an extended correspondence took place in England between Doctor
Strachan and the Colonial Secretary, (Earl Grey). A Motion was agreed to
in the Upper Canada House of Assembly that this Correspondence be laid before
the House by the Governor General, Lord Elgin, and also the Correspondence
between him and the Bishop. This was done.
With a view to give a completeness to the narrative of this somewhat pro-
tracted controversy, I insert copies of the Correspondence which took place with
the Governor General and the Imperial Government, in its proper place in this
Chapter.
In order also to give historical sequence to the narrative of the case, as
stated by Doctor Strachan, in his voluminous Correspondence, I shall insert such
portions, as may be necessary, of his Statements and Letters in chronological
order, — begining first with the Pastoral, which he issued on the Seventh of
February, 1850, — a few days over a month after the extinction by Act of Par-
liament of King's College, as a Church of England University, took place.
In the whole of this Correspondence, it is a notable circumstance, that Doc-
tor Strachan entirely ignored the historical fact, that King's College was estab-
lished as a Provincial Institution, endowed solely with Provincial Lands, and that
the Chqrch of England, to the care of which it was entrusted, never contributed
a single dollar for its maintenance ; although, through Doctor Strachan, it claimed
proprietory ownership of King's College and its Endowment.
DOCTOR STRACHAN'S " CHURCH UNIVERSITY " CORRESPONDENCE, PART I.
Pastoeal Letter to the Clergy and Laity of the Diocese of Toronto.
On the sixth day of January, 1850, the destruction of King's College, as a Christian Insti-
tution, was accomplished. For, on that day, the Act establishing the " University of Toronto,"
by which it was suppressed, came into force.
There was, to the last, some lingering hope that a Measure so pernicious would have been
arrested.
Chap VI. DOCTOR strachan's church university correspondence. 93
It was known that inquiries had been made concerning it by Statesmen of high considera-
tion, and that it had not been formally sanctioned by the Imperial Government late in October.
But no effectual impediment has yet intervened ; and, for a time, at least, the experiment of
a University from which the Worship of God is excluded, is to be tried in Upper Canada, — I
say for a time, because it is scarcely credible that such an Institution can be long suffered to
exist in a Christian Country, or if, unhappily, suffered, that it can prosper.
Deprived of her University, what is the Church [of England in Upper Canada] to do ? She
has now no Seminary, at which to give a liberal education to her youth. What is enjoyed by
all the other large Denominations in the Province is denied to her.
Is she to sit down contented with her Theological School at Cobourg.* and leave her
children to perish for lack of spiritual knowledge ? Or is she to extend its provisions, and
form it into a University, capable of imparting a full course of liberal instruction, carefully
founded on a Religious basis, as has been the case in all Seminaries of Learning among Christian
Nations since the ascension of our Lord ? Happily the solution of this question offers no diffi-
culty. It is the bounden duty of the Church, and of every one of her baptized children, as they
value the gifts conferred upon them in that holy sacrament, to come forward at this crisis, in
the name of God their Saviour, to stay the plague which this, as it has done other lands, with
darkness and guilt, and to honour His Holy Name. Here the faithful Christian cannot " halt
between two opinions ; "the whole revelation of God tells him that Religion ought to form the
sum and substance of education, and that, whatever other branches of knowledge may be
introduced, they must be made subservient to the one thing needful and sanctified by its puri-
fying influence. . . .f
It is surely the duty, as well as the privilege, of every Churchman in the Diocese [of Tor-
onto] to assist, as far as he is able, in supplying the want which the Church [of England here] now
feels in the destruction of her University, and which, if not supplied, will in a short time
arrest the happy progress she is making through all parts of the Country. Let not, then, the
friends and Members of that Church look for rest till proper means are found for the Religious
Education of her children. We have fallen, indeed, on evil times,- and the storm has overtaken
U8, aggravated by the painful reflection that we have contributed largely, by our want of unity
and consistency to bring it on ourselves ; but we must not be discouraged, — for, though the
waters threaten to overwhelm us, we are still the children of hope. Never, perhaps, in the
history of our Church, did a single case more completely prove the influence of party spirit in
corrupting the heart, and warping and entangling the judgment, till it had acquired a moral
obliquity, incapable of distinguishing right from wrong, truth from falsehood, than the destruc-
tion of King's College. It was succeeding with a degree of success far beyond the most sanguine
expectations. In the short time of its existence, the Degrees conferred were seventy-five, — the
number of students, including occasional ones, nearly three hundred. The Highest honours
have been attained by Presbyterians, Congregationalists and others, as well as by Members of
the Church [of England], There were not twenty persons capable of appreciating the blessings
which it was conferring on the Province who were not friendly to its continuance. — a vast
majority of the population were, and are, hostile to the principle of separating Religion from
Education ; and yet, because a small but turbulent minority declared against it, a weak
Ministry has been found to decree its suppression, and the establishment of an Institution in
which no Christian can confide.
This Measure is so wicked and inconsistent that sooner, or later, a serious reaction will
take place. Its three leading features — Contempt for the People, Enmity to Religion, and
Disloyality to their Sovereign, — are each of them offensive to large and influential parties. The
sentiments of the people are set at nought, to gratify the few, who neither value, or regard,
Schools of Learning. Religion is suppressed, and ecclesiastics proscribed, to please the
enemies of property and order. And the very name of " King's College " is abolished, for
fear that some attachment to the Sovereign might, in the generous minds of youth, be asso-
ciated with a Royal foundation. . . .
What makes the act of unscrupulous injustice the harder to be borne is the conviction,
which I think we must all feel, that, if any one of the Religious Denominations in this Province,
dissenting from the Church of England, had recieved from their Sovereign a Royal Charter,
founding an University in connexion with their faith, and had recieved, at the same time, the
free gift of an Endowment for its support, any attempt by the Colonial Legislature to abrogate
their Charter, and to wrest from them the Endowment conferred by their Sovereign, would
have been promptly discountenanced by the Executive Government, and firmly resisted, as
being unreasonable and unjust. If any had been found to make such an attempt, (which
* The Diocesan Theological College at Cobourg was opened for the admission of " Candidates for ^ Holy Orders " in
January, 1842. It was finally merged into Trinity College in 1851.
t I have, as already intimated, omitted large portions of this Pastoral as irrelevant to the object and purpose of this
purely educational History. I would have also omitted other portions of the Pastoral of a personal and censorious character ;
but I have, for manv reasons, hesitated to do so ; as I preferred to let the Bishop express himself as he really felt.
94 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
assuredly the Church of England would not have done), they would have been told at once,
that, whatever opinions they might have formed of the policy, or impolicy, of the Measure, the
Grant could not but be respected, and the faith of the Sovereign maintained. And I am sure, that
neither you, or I, would have regretted to see those principles upheld, by which alone either
nations, or individuals, can expect long to flourish. We should have remarked, too, in such a case
as I have supposed, another mortifying difference : the Members of any other Religious Denom-
ination, whose rights had been unjustly attached, as ours were, would not have sought a vain
popularity by abandoning them ; they would have been found united as one man in their
defence.
But alas ! the Church [of England here] found the chief enemies of King's College among
her own professing adherents ; and, under the delusion of liberalism and expediency, the twin
sisters of infidelity, they betrayed the cause which they were bound by every sacred duty and
right feeling to protect. . . .
In the meantime, I propose that the Church of [England in] this Diocese, consisting of
the Clergy and Laity, should approach our beloved Sovereign the Queen,* and the Imperial
Parliament, by respectful Petitions for such redress in the restoration of her University ,or, in
such other way, to supply the same, as may be deemed reasonable and meet.
Should we fail in obtaining the favourable admission and acquittance of our just claims, we
must, in that case, appeal to our fellow Churchmen in Great Britain and Ireland ; and we believe
that there are many pious individuals who will come forword with a liberality, of which the
last three centuries have given so many examples, to assist us in restoring the means of which
we have been deprived, for the Religious Instruction of our youth, and their advancement in all
those branches of Science and Literature, which enter into a liberal education. Nor am I with-
out strong hope, that, should there be obstacles to the disallowance of the Act of our Legislature
we shall, nevertheless, find among the contributors to our Church University some of the
present Ministry. . . .
Indeed, no Statute passed since the Union of the Provinces in 1840 has lowered the character
of the Canadian Legislature so much as that which destroys King's College. Churchman consider
it disgraceful to the Country, and the indifferent pronounce it a political blunder. . . .
Doctor Strachan's Scheme of *' Ways and Means " for a " Church University."
But, before we can expect success in these proceedings, it is reasonable to prove that we
are ourselves in earnest by our own exertions. Besides, therefore, signing the Petitions to the
Queen and the two Houses of Parliament, it is hoped that the Members of the Church [of Eng-
land here] will subscribe liberally, in Money and Gifts of Land, as God has prospered them ;
and a better investment for time and eternity it is impossible to conceive. In this way, a suffi-
cient Endowment may, without any great difficulty, be effected ; or, at all events, so good a
commencement as to encourage friendly Church Members at Home to increase their subscrip-
tions.
It is true that this could have been done with much greater facility a few years ago, when
Lands in the Colony were cheap ; but who could have anticipated such a result as the destruc-
tion of a Royal Charter, ana confiscation of its Endowment, without any just, or legal, cause ?
or who could have imagined it necessary, or becoming, to stand between the bounty of the
Sovereign and her people ? But even yet, a sufficient Endowment in Land may, with active
exertion, be secured. There are, it is believed, about four hundred organized Townships in the
Diocese of Toronto ; and were only one Lot of two hundred acres to be contributed, as an
average, in each Township, it would form an Endowment of Eighty Thousand acres ; and this,
by good management, with private contributions in money, and the assistance of the two Vener-
able Societies in England, would become sufficient to enable us, in a very short time, to begin
operations, and gradually, as the property leased, to extend the University, as has been done in
like cases in Europe and America.
Or, taking it otherwise : There are, I presume, about two hundred thousand adherents of
the Church [of England] in Upper Canada, or forty thousand families. Now, were each family
to contribute Two pounds, or two acres of good Land, a very handsome Endowment would be the
result But, as there may be many poor, and some, to whom God has not given generosity of
heart, let us take one-fourth, or only ten thousand families, and claim from each, for the love of
God, Six pounds in money, or Ten acres of good Land, as may be more convenient, and the
University will be established. The difficulty, therefore, in the way of endowing a Church
University, is not so great as those who have not considered the subject may suppose ; and
although, we may not obtain the subscriptions in Land, or in money, of ten, or even of five
thousand, at once, yet we shall, with God's Blessing, obtain more in time ; and, as the Institu-
tion we contemplate is not for a short period, but for centuries, we can afford time, and be con-
* A copy of this Petition to the Queen is printed on pages 103, 104. See also pages 105, 106.
Chap. VI. DOCTOR strachan's church university correspondence. 95
tent to advance to maturity by degrees. But why should we not hope that the Church [of Eng-
land here,] among her two hundred thousand, will produce one thousand noble souls, ready to
come forvvrard with, at least one hundred acres each, and, in a moment, complete the Endowment ?
In regard to a solid commencement, we are not left to conjecture. The spirit of our Church
has already begun to move. Eight Thousand pounds (£8,000) will be secured to the University
before this meets the public eye ; and, I have some reason to believe, that an equal amount is
already set apart in England. Moreover, we shall have £1,200 per annum from the Venerable
" Society for Propagating the Gospel in Foreign Parts," till it can be relieved by the proceeds
of our own Endowment, and we shall have our Theological Library restored. .
The Church [of England here] ought to do nothing by halves. Her University must comprise
an entire system of education, based on Religion. Every branch of knowledge cherished at Oxford
and Cambridge must be carefully and substantially taught. She must also have her Eton, or
Grammar School, to supply her with scholars ; the whole to be placed under the guidance of the
Church itself, so that her Religious instruction may have no uncertain sound. We desire a
University, which, fed by the heavenly stream of pure Religion, may communicate fuel to the
lamp of genius, and enable it to burn with a brighter and purer flame. . .
Nor are we disposed to overlook Academical Honours, which have been ever held in the
highest estimation. They emanated originally from the Church, and to the Church the power of
conferring them, of right, belongs. Hence, that power was transferred at the Reformation to
the Sovereign, because the Sovereign was the Temporal Head of the Church, and the Fountain
of Honour within her Dominions. In due time, therefore, we shall solicit a Royal Charter, that
our Degrees may be acknowledged in all parts of the world, and not be like those which the
new Institution may attempt to confer, which will not only be corrupted by passing through an
irreligious channel, but be otherwise worthless, being confined to the Colony ; for the University
Act of 1849, (12th Victoria, chapter 82,) is merely a Provincial Statute, and carries no weight,
nor authority beyond the Province.
The Bishop, or Bishops, of the Diocese, (for it will soon be divided, ) will be the Visitors,
that each new Diocese may have an equal interest in the Institution ; for established on the ex-
tensive foundation which we contemplate, it will be amply sufficient for the whole of Upper
Canada . . . That nothing may be wanting on my part, it is my intention to proceed to
England, (should the encouragement I receive in Upper Canada be such as I have reason to ex-
pect ) and urge the prayer of our Petitions to the Queen and to both Houses of Parliament.
When the facts of the case are fully made known, the whole Nation will feel the same indigna-
tion at so flagrant an outrage on our Holy Religion, and the honour and dignity of the Crown, as
those private friends do with whom I am already in communication on the subject ; and the
consequence, I trust, will be, that the good and pious will hasten to help us. For, in England,
the belief is all but universal, that Religion ought to be the ground-work of Education ; that its
lessons should be interwoven with the whole tissue of instruction ; and that its principles should
direct the whole system of our lives. Nor will the lessons of Religion be found less impressive,
by being interspersed with teaching of a different kind. The prayer of our fore-fathers always
was, and the prayer of our Universities still is, "that their learning might be sound, and their
education Religious."
r I shall have completed my seventy- second year before I can reach London, of which more
! than fifty years have been spent in Upper Carjada ; and one of my chief objects, during all that
! time, was to bring King's College into active operation ; and now, after more than six years of
i increasing prosperity, to see it destroyed by stolid ignorance and presumption, and the voice of
'■ I prayer and praise banished from its halls, is a calamity not easy to bear.
j I shall not rest satisfied till I have laboured to the utmost to restore the College under a
j holier and more perfect form. The result is with a higher power, and I may still be doomed to
j disappointment ; but it is God's work, and I feel confident that it will be restored, although I
I may not be the happy instrument, or live to behold it.
\ Having done all in my power, I shall acquiesce submissively to the result, whatever it may
Ibe ; and I shall then, and not till then, consider my mission in this behalf ended.
Toronto, 7th February, 1850. John Toronto.
DOCTOR STRACHAN'S CHURCH UNIVERSITY CORRESPONDENCE, PART II.
Letter From Doctor Stbachan to Earl Grey, Colonial Secretary.
I have the honour to state, for Your Lordship's information, that I am the bearer of a Peti-
tion to Her Majesty the Queen, signed by more than Eleven thousand Members of the Church
of England in Upper Canada, on the subject of the University of King's College.* This Docu-
ment . . I am anxious to present, when it may be convenient for your Lordship to receive it.
*This Petition was larsrely siprned after this Letter was written. See pages 103-106 of this Volume.
*96 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
I have also charge of Petitions to the two Branches of the Imperial Parliament on the same
subject, but these, I trust, I shall not be under the necessity of presenting, should a course, which
has suggested itself to me, fortunately meet with your Lordship's favourable consideration, — a
course, which, without offending anyone, would enable me to attain, in a very moderate degree,
the great object which I have at heart, and for which I have been labouring more than fifty
years,— namely the establishment of a Church University, and in a way that would set at rest
the vexed question of King's College in the Colony, and be felt as an act of Koyal Grace, pro-
ceeding from your Lordship's seasonable interference, by more than two hundred thousand of the
most respectable and attached Subjects of the Queen in Western Canada.
JoHX Toronto.
London, 17th May, 1850.
II. Lettbr From Doctor Strachan to Earl Grey, Colonial Secretary.
I beg permission to enclose a Memorandum of the Scheme alluded to in the letter, which I
had the honour to address to your Lordship on the 17th instant, for establishinir, without assistance
from the Colonial Government, a University in connection with our Chuich. and receiving from
Our Gracious Sovereign what other Denominations have long enjoyed,— a Charter of Incorpora-
tion, providing for the government of the Institution, and granting it the privilege of conferring
Degrees.
Your Lordship will, I trust, do justice to the course which I thus seek to pursue, and
which, if concurred in by your Lordship, will enable the Church [of England] quietly to withdraw
from further discussion on the subject in Canada, and to leave her enemies in the unmolested
enjoyment of the Royal Endowment of which we have been most unjustly deprived, since it
would appear that the Imperial Government can offer no remedy.
In this way the proposed Church University will be entirely separated from p<^>litical
agitation of every description, and be able to proceed in her work of religious and scientific
instruction, though perhaps on a diminished scale, in security and peace.
John Toronto.
London, 29th May, 1850.
Memorandum of a Scheme for Establishing a Church University in Upper Canada.
I. Building Fund. The contributions and donations already made in the Colony, and which may
be expected to increase beyond their present amount, have reached the sum of from Twenty-five
thousand pounds, (£25,000,) provincial currency to Thirty thousand pounds, (£30,000,) currency, or
Twenty-six thousand pounds, (£26,000,) Sterling, to be expended in erecting the necessary Buildings.
The Endowment to arise from two sources : —
First, Source of Endowment. A Queen's Letter for collections in all the Churches of England,
the proceeds of which may be assumed at Twenty thousand pounds, (£20,000,) sterling.
The reason for granting such a Letter in this case are very strong, I may with truth say irresist-
ible ; —
1. As regards precedents, a Queen's Letter, as I am informed, was granted many years ago
towards the establishment of Bishop's College at Calcutta, and half the proceeds of a Queen's Letter
was recently given to the Bishop of Newfoundland, towards building his Cathedral. I am persuaded
that many others are to be found, but to which, as a stranger, I have no access.
2. A Queen's Letter has only reference to the Members of the Established Church. It is a
collection at Divine Service, to which the Worshippers may contribute, or not, as they see fit. It,
therefore, imposes no hardship on any one, much less a compulsion to give, but is merely such a
charitable act, as one Branch of the Church, being in difficulty, may receive from another Branch,
and has been practised since the days of the Apostles.
3. The Church [of England] in Upper Canada has peculiar claims upon the Church of England at
Home, not only as a weak child, requiring fostering care, but because the Colony has been for many-
years the chief Asylum of poor Emigrants from the parent State, of whom thousands are Church
people, and being commonly destitute when they arrive, have been largely assisted, and such assist-
ance always comes in the largest measure from the Members of our Church. It may indeed be truly
affirmed, that more is sometimes given in one year in private charity to these destitute Strangers,
than the amount assumed as the probable proceeds, in this case, of the Queen's Letter.
4. Of the Ninety-seven thousand Emigrants, who came to Quebec in 1847, more than three fourths
reached Upper Canada. Of these Forty thousand landed at Toronto, bringing with them a malignant
fever, and although the Government tiid a great deal to mitigate their distress, much more remained
for the charitable to do. And what rendered matters more afflicting, many of our own people in their
eagerness to relieve the sick Emigrants, became themselves victims of this virulent and contagious
fever. For several months, indeed during the whole Summer, more than Twelve hundred Emigrants
were sick in the Hospitals and temporary buildings erected for their accommodation in Upper Canada.
Chap. VI. DOCTOR strachan's church university correspondence. 97
The principal agents in all this were my Clergy and people. Surely the saving to the United King-
dom of the great expense (>f supporting Ninety-seven thousand perishing Emigrants becomes an irre-
sistible claim to a Queen's Letter as some small return.
5. Moreover, it will only be doing for us what the Church of England in Upper Canada, poor as
she is, has already done for this great Country. A collection was made in all our Churches, Chapels,
and Stations during the recent famine in Irriland and Highlands of Scotland, giving two-thirds of the
amount to the former, and one-third to the latter. On the whole, we have already contributed more
than ten-fold the proceeds of such a Royal Letter, and are still continuing, year after year, to give
more than it is likely to produce And yet, such a mark of Royal Consideration would be most grate-
fuliy received as a precious remuneration for all we have done, or may hereafter do.
6. In fine, as far as I can learn, the Members of the Church of England would gladly welcome the
grant of a Queen's Letter in this case, as aftbrding them an opportunity of manifesting their love for
the Church, in a way after their own hearts.
Second Source of Endowment : Contributions from Public Bodies and Individuals in England,
£10,000.
But should Her Majest}^ the Queen condescend to bestow a Ro^'al Donation to head the list, as I
have reason to believe His Grace the Duke of Wellington is prepared to do, to the extent, at the
least, of One Thousand Pounds, (£1,000), the amount of this source might be taken at Twenty, instead
of Ten, Thousand pounds, (£10,000).
And here I most respectfully submit, that were Her Majesty aware that we have been deprived
of a Royal Gift worth Two Hvndred and Seventy thousand pounds (£270.000,) consisting of Lands
under Patent from the Crown, — yielding a Revenue of Eleven Thousand Pounds, (£11,000,) per annum,
and pledged by three Sovereit^ns, — She would hasten to repair, in as, far as may be in Her power, the
great loss and injury we have thus sustained.
In conclusion, I could, with all respect and deference, submit, that it is no slight argument in
favour of this Scheme, that its adoption will set at rest a grave and troublesome Question in the
Colony, in a way that can give just offense to no one. But while the National Church remains with-
out a University to educate her youth on religious principles for the Holy Ministry and the liberal
professions, the blessings of tranquility and peace can scarcely be hoped for in Upper Canada.
London, 29th May, 1850. John Toronto.
III. Earl Grey, Colonial Secretary, to Doctor Strachan.
I have had the honour to receive your Lordship's Letter of the 29th ultimo, enclosing a
Memorandum on the subject of the proposed establishment, by Royal Charter, of a University
in Upper Canada, in connection with the Church of England, and unaided by Colonial Funds.
I need scarcely observe to your Lordship, that Her Majesty's Government are always
disposed to regard favourably proposals which are made for extending and improving the means
of Education in the British Colonies, and more especially when those proposals do not involve
the necessity of a Grant of Public Money. I shall, therefore, be ready to coasider with the
utmost attention the suggestion you have offered for the incorporation of a new University in
Upper Canada, whenever your Lordship shall have favoured me with a Draft of the Charter,
which may be deemed adequate for the purpose. Until I shall be in possession of such Draft, I
am obviously not in a position to form any judgment upon the propriety of recommending Her
Majesty to give Her consent to the desired Measure. I may observe, further, that I should
feel it my duty to communicate likewise with the Provincial Government on a matter of such
importance, before committing Her Majesty's Government to any settled course of action.
2. With rei»pect to the application for a Queen's Letter, for the purpose of raising a collection
in aid of the design. 1 have to inform your Lordship, that I find, upon communicating with the
Secretary of State for the Home Department, that a very strong objection is entertained to the
multiplication of such appeals to the benevelonce of Her Majesty's subjects, and that, as the
Society for the Propagation of the Gospel in foreign Parts has, under the existing arrangement,
the advantage of a Queen's Letter once in three years, by which large funds are collected for the
support of the Church [of England] in the Colonies, I fear it will not be practicable to comply
with your request. At all events, it will be impossible to do so, before a decision has been
formed as to the Grant of a Charter of Incorporation to the proposed University.
3. Having laid before the Queen the Petition, dated the 9th April last, which you placed
in my hands from certain Members of the United Church of England and Ireland in Upper
Canada, urging the establishment of the proposed University, I have to acquaint your Lordship
that Her Majtsty was pleased to receive the same very graciously.
I have also laid before Her Majesty the Petition which your Lordship communicated to me
at the same interview, from the Clergy and Laity of the Church of England in Upper Canada,
expressing their objection to the Act passed in the last Session of the Legislature of Canada for
the amendment of King's College, Toronto, and praying that measures may be taken for restoring
that College to its efliciency, with such moditicatioKs of its original Charter as shall separate it
7 D.E.
98 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
entirely from politics.* Upon this Petition, which, judging from the terms in which it is
expressed, should, I apprehend, have been delivered to me previously to the confirmation of the
act referred to, I have been unable to advise Her Majesty to issue any commands.
London, 13th June, 1850. Grey.
IV. Doctor Strachan to Earl Grey, Colonial Secretary.
I have the honour to acknowledge your Lordship's Letter of the 13th instant, in reply to
the Communication and Memorandum which I took the liberty of addressing to your Lordship
on the 29th ultimo, relative to the proposed establishment by Royal Charter, of a Church of
England University in Upper Canada, but unaided by Public Funds.
Your Lordship is pleased to state that Her Majesty's Government are always inclined to
regard favourably proposals which are made for extending and improving the means of Educa-
tion, and more especially when the proposals do not involve the Grant of Public Money ; and
that your Lordship will consider, with the utmost attention, the suggestions which I may otfer
for the incorporation of a Church University in Upper Canada whenever I shall have furnished
you with a Draft for the same.
Such Draft I have now the honour to enclose, in the full confidenca that it will receive
your Lordship's approbation. It is little more than a transcript of the Charter of the late
King's College, Toronto, or of that of the Scotch College now in operation at Kingston, Canada
West, with such modifications only as may attach the Institution it seeks to establish to the
Church of England in Upper Canada and separate it from all political influence whatsoever, and
enable it to proceed in its work of Religious and Scientific instruction in security and peace.
But while I thank your Lordship for promising to give due attention to the Draft of the
Charter, in order to be in a position to judge of the propriety of recommending Her Majesty to
grant Her consent to the desired Measure, I trust, that, on further reflection, your Lordship
will see cause to relinquish any such reference on the subject to Canada as may impede, or
delay, its issue, and for the following among other reasons : —
First, It is the avowed intention of the promoters of the Statute by which King's College
has been superseded and its Endowment devoted to the establishment of a new University,
from which Kaligion is, by enactment, excluded, to make that University the only one in the
Province ; and, for this purpose, they have invited, though, as yet, without success, those
Religious Bodies who have Colleges of their own to surrender their Charters, and to afliliate
themselves, as Theological Seminaries, around a new University. Now, so long as this desire is
cherished on the part of the Provincial Government, an application for their assent to establish
a Church University will in all probability fail.
Second, Such reference, I respectfully submit, would, upon another ground, be met with
refusal, or dissent.
The Members of the Church of England being more than one-fourth of the population of
Upper Canada, and in number more than Two Hundred Thousand, furnish nearly three-fourths
of the youth who desire an University Education, as was shewn from the lists of the names of
the students who attended King's College. Now, all these will go to the Church College, as
soon as it commences the business of instruction ; and if to these be added the youth of the
diflFerent Religious Denominations having Colleges of their own, the Toronto University, as its
friends will know and admit, will be left comparatively empty ; hence, they will object to any
seeming rival.
Third, Had the Bishop and Members of the Church of England besought Her Majesty for
something new and uncommon, it would have been reasonable to communicate with the Pro-
vincial Government, but they merely ask the advantage which every other Body of Christians
in Upper and Lower Canada enjoy, namely, one College supported by their own means, in
which their youth may be instructed in Religious and secular knowledge ; and as it cannot be
withheld from the Church of England, without manifest injustice, your Lordship will perceive
that to make it to depend upon the will, or caprice, of those by whom, that Church has been
deeply injured, will be felt to be nothing less than proscription and intolerance.
Fmirlh, I would further, my Lord, respectfully submit, that what we request is clearly
within the Royal Prerogative to bestow, and can be granted to us, as it has been to others,
without giving just cause of offence to any one, since it has nothing to do whatever with party,
or with politics.
Your Lordship will, I trust, pardon me for calling your attention to the humiliating position
in which this condition of reference is likely to place the Church of England. No such impedi-
ment has ever been allowed to intervene between the grace of the Sovereign and any other
* These Petitions are inserted further on in this Chapter. See pages 103-106.
Chap. VI. DOCTOR strachan's church university correspondence.
Religious Denomination in Upper Canada, and why should it be permitted to stand between
the Queen and Her own Church in that Province which it is her special duty to protect.
All we desire, my Lord, is such a Charter as has been granted to the Church of Scotland
in Canada, and under such a Charter we shall be proud to Act. Allow me, then, to hope, that
your Lordship will, in consideration of the reasons which I have had the honour to suggest,
a,nd the justice and pressing nature of our cause, grant the prayer of our Petition, without any
unnecessary delay.
Give us no reason, I beseech you, my Lord, to envy our neighbours in the United States of
America, where there is no instance of a Charter, such as we pray for, having been refused.
Instead of circumscribing their Colleges and Schools of Learning, that acute people take delight
in their multiplication ; and so little jealous are they in this respect, that they have uniformly
cherished all such Institutions as had been founded by the Crown previous to the Revolution,
and such have received from the Ruling Powers ample protection after these Powers had
become foreign to the British Empire. Thus, the Colleges founded by the Kings and Queens
of England in the Colonies, are still respected and preserved, and their Endowments not only
held sacred, but largely increased.
As your Lordship has seen fit to decline granting a Queen's Letter to assist us in the
endowment of our proposed University, I bow with due submission. But I may be allowed
to state, that my request was by no means unreasonable. Precedents are not wanting ; and
the reasons assigned in my Memorandum, for granting such a favour, are, in the judgment of
others, as well as of myself, all but irresistable.
London, 18th June, 1850. John Toronto.
Copy of Draft Charter enclosed by Doctor Strachan to Earl Grey, Colonial Secretary.
Victoria, hy the Grace, of God of the United Kingdom of Great Britain and Ireland, Queen
Defender of the Faith.
To All whom these Presents shall come, Greeting :
Whereas, the establishment of a College within the Province of Canada, in connection with the
United Church of England and Ireland for the education of youth in the principles of the Christian
Religion, and for the instruction in the various branches of Science and Literature which are taught
in the Universities of this Kingdom would greatly conduce to the welfare of said Province. And
whereas, humble application hath been made to Us by many of our loving Subjects in Our said
Province, that We would be pleased to grant Our Royal Charter for the more perfect establishment
of a College therein, and for incorporating the Members thereof, for the purpose aforesaid.
Now Know ye, that We, having taken the premises into 0\ir Royal consideration, and duly
weighing the utility and importance of such an Institution ; Have of Our special grace, certain know-
ledge and mere motion, ordained and granted, and do by these presents, for Us, Our Heirs and
Successors, ordain and grant. That there shall be established at, or near, Our City of Toronto, in Our
said Province of Canada, from time to time, one College with the style and privileges of an Univer-
sity, as hereinafter directed, for the education and instruction of youth and Students in Arts and
Faculties, to continue forever, to be called "Trinity College" ;
And We do hereby declare and grant that Our trusty and well-beloved the Right Reverend
Father-in -God, John, Bishop of the Diocese of Toronto, or the Bishop for the time being of the
Diocese, in which the said City of Toronto may be situate, shall be Visitor of the said College ;
And We do hereby declare that should there be any division, or divisions, of the said present
Diocese of Toronto, the Bishop, or Bishops, of such division, or divisions, shall be joint Visitors of
the said College with the Bishop of Toronto.
And We do hereby grant and ordain, that there shall be a Chancellor of Our said College, to be
chosen for the term of four years, but capable of re-election, under such Rules and Regulations as
the Visitor, or Visitors, and College Council may, from time to time, see fit to establish.
And We do hereby declare, ordain, and grant, that there shall, at all times, be one President of
Our said College, who shall be a Clergyman in Holy Orders of the United Church of England and
Ireland, and that there shall be such and so many Professors in difierent Arts and Faculties within
Our said College as, from time to time, shall be deemed necessary, or expedient, and as shall be
appointed by the Visitor of Our said College.
And We do hereby, for Us, Our Heirs and Successors, will, ordain and grant, that the said
Chancellor and President, and the said Professors of Our said College, and all persons who shall be
duly matriculated into, and admitted as Scholars of, Our said College, and their successors forever, shall
be one distinct and separate body politic in deed and in name, by the name and style of " The Chan-
cellor, President and Scholars of Trinity College, at Toronto, in the Province of Canada," and that,
by the same name, they shall have perpetual succession and a Common Seal, and that they and their
sviccessors shall, from time to time, have full power to alter, renew, or change such Common Seal at
their will and pleasure, and as shall be found convenient ; and that, by the same name, they, the said
Chancellor, President and Scholars, and their Successors, from time to time, and at all times here-
after, shall be able and capable to have, take, receive, purchase and acquire, hold, possess, enjoy and
100 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
maintain, to and for the use of the said College, any Messuages, Lands, Tenements and Hereditaments,
of what kind, nature, or qualit}^ soever, situate and being within our said Province of Canada, so
that the same do not exceed in value Fifteen thousand pounds (£15,000,) sterling, above all charges ;
and, moreover, to take, purchase, acquire, have, hold, enjoy, receive, possess and retain, all, or any
Goods, Chatties, Charitable, or other. Contributions, Gifts, Legacies, or Benefactions, whatsoever.
And We do hereby declare and grant that the said Chancellor, President and Scholars, and their
Successors, by the same name, shall, and may be able and capable in law, to sue and be sued, implead
and be impleaded, answer, or be answered, in all, or any Court, or Courts of Record within Our
United Kingdom of Great Britain and Ireland, and Our said Province of Canada, and other Our
Dominions, and in all singulur actions, causes, pleas, suits, matters and demands whatsoever, or what
nature, or kind, soever, in as large, ample, and beneficial a manner and form as any other body
corporate and politic, or any other Our liege Subjects, being persons able and capable in law, may, or
can, sue, implead, or answer, or be sued, impleaded, or answered, in any manner whatsoever.
And We do hereby declare, ordain and grant, that there shall be within Our said College, or Cor-
poration, a Council to be called and known by the name of : " The College Council."
And We do will and ordain that the said Council shall consist of the Chancellor and President,
and of five of the Professors in Arts and Faculties of Our said College, and that such five Professors
shall be Members of the Established United Church of England and Ireland ; and shall, previously to
their admission into the said College Council, severally sign and subscribe the Thirty-nine Articles of
Religion, as declared and set forth in the Book of Common Prayer ; and in case, at anj' time, there
should not be within Our said College five Professors of Arts and Faculties being Members of the
Established Church aforesaid, then Our will and pleasure is ;
And We do hereby grant and ordain, that the said College Council shall be filled up to the
requisite number of five, exckisive of the Chancellor and President, for the time being, by such persons
being graduates of Our said College, and being Members of the Established Church aforesaid, as shall,
for that purpose, be appointed by the Visitor, or Visitors, for the time being, of Our said College, and
which Members of Council shall, in like manner, subscribe the Thirty-nine Articles aforesaid, prev-
iously to their admission into the said College Council.
And, whereas, it is necessary for the completion and filling up of the said Council at the first
institution of Our said College, and previously to the appointment of any Professor, or the conferring
of any Degree therein ;
Now We do further ordain and declare, that the Visitor, or Visitors, of Our said College, for the
time being, shall upon, or immediately after the first institution thereof, by warrant, under his hand,
nominate and appoint five discreet and proper persons, resident within Our f-aid Province of Carada,
to constitute jointly with the Chancellor and President, for the time being ; the first, or original,
Council of Our said College ; which first, or original Members of the said Council shall, in like manner,
respectively subscribe the Thirty-nine Articles aforesaid, previously to their admission into the said
Council.
And We do further declare and grant, that the Members of the said College Council, holding
within Our said College the offices of Chancellor, President, or Professor in Art, or Faculty, shall
respectively hold their seats in the said Council so long as they, and each of them, shall retain such
their offices, as aforesaid, and no longer. And that the Members of the said Council, not holding
offices in Or.r said College shall, from time to time, vacate their seats in the said Council when, and
so soon as, there shall be an adequate number of Professors in our said College, being Members of the
Established Church aforesaid, to fill up the said Council to the requisite number before mentioned.
And We do hereby authorize and empower the Visitor, for the time being, of Our said College, to
decide, in each case, what particular Member of the said Council, not holding any such office, as
aforesaid, shall vacate his seat in the said Council, upon the admission of any new Member of Council
holding any such office.
And We do hereby declare and grant, that the Chancellor, for the time being, of Our said College,
shall preside at all Meetings of the said College Council, which he may deem it proper, or convenient,
to attend, and that, in his absence, the President of Our said College shall preside at all such Meet-
ings, and that, in the absence of the said President, the Senior Member of the said Council, present at
any such meeting, shall preside thereat, and that the seniority of the Member of the said Council,
other than the Chancellor and President, shall be regulated according to the date of their respective
appointments ; Provided always, that the Members of the said Council being Professor in Our said
College shall, in the said Council, take precedence over and be considered as seniors to the Members
thereof not being Professors in our said College.
And We do ordain and declare, that no Meeting of the said Council shall be, or be, held to be a
lawful meeting thereof, unless four Members, at the least, be present during the whole of every such
meeting ; and that all questions and Resolutions proposed for the decision of the said College Council
shall be determined by the majority of the votes of the Members of Council present, including the vote
of the presiding Member ; and that, in the event of an equal division of such votes, the Member pre-
siding at any such Meeting shall give an additional, or casting, vote.
And We do further declare, that if any Member of the said Council shall die, or resign his seat in
the said Council, or shall be suspended, or removed from the same, or shall, by reason of any bodily,
or mental, infirmity, or by reason of his absence from the said Province, become incapable, for three
calendar months, or upwards, of attending the Meetings of the said Council, then, and, in every such
case, a fit and proper person shall be appointed by the said Visitor, or Visitors, to act as, and be, a
Chap. Vl. DOCTOR strachan's church university correspondenck. 101
Member of the said Council in the place and stead of the Member so dying, or resigning, as so sus-
pended, or removed, or incapacitated, as aforesaid ; and such new Members succeeding to any Member,
so suspended, or incapacitated, shall vacate such his office on the removal of any such suspension, or
at the termination of any such incapacity, as aforesaid, of his immediate predesessor in the said
Council.
And We do further ordain and grant, that it shall, and may, be competent to, and for, the Visitor,
or Visitors, for the time being, of Our said College, to suspend from his seat in the said Council any
Member thereof, for any jnst and reasonable cause to the said Visitor appearing ; Provided, that the
grounds of every such suspension shall be entered and recorded at length by the said Visitor in the
Books of the said Council, and signed by him. And every person, so suspended, shall thereuuon cease
to be a Member of the said Council, unless, and until, he shall be restored and re-established in such
his station therein, by any order to be made in the premises by the said Visitor of Our said College.
And We do further declare, that any Member of the said Council, who, without sufficient cause,
to be allowed by the said Visitor, by an order entered for what purpose, on the Books of the said
Council, shall absent himself from all the meetings thereof, which may be held within any six successive
calendar months, shall, thereupon, vacate such his seat in the said Council.
And We do, by these presents for Us, Our Heirs and Successors, will, ordain, and grant, that the
said Council of Our said College shall have power and authority to fra.iie and make Statutes, Rules,
and Ordinances, touching and concerning the good government of the said College, the performance of
Divine Service therein, the Studies, Lectures, Exercises, Degrees in Arts and Faculties, and all matters
regarding the same, the residence and duties of the President of Our said College, the number, resi-
dence, and duties of the Professors thereof, the management of the Revenues ana Property of Our said
College, the salaries, stipends, provisions, and emoluments of, and for, the President, Professors,
Scholars, Officers, and Servants thereof, the number and duties of such Officers and Servants ; and
also, touching and concerning any other matter, or thing, which to them shall seem good, fit, and use-
ful, for the well being and advancement of Our said College, and agreeable to this Our Charter. And
also, from time to time, by any new Statutes, Rules, or Ordinances, to revoke, renew, augment, or
alter, all, every, or any of the said Statutes, Rules, and Ordinances, as to them shall seem meet and
expedient ; Provided always, that the said Statutes, Rules, and Ordinances, or any of them, shall not
be repugnant to the Laws and Statutes of the United Kingdom of Great Britain and Ireland, or of Our
said Province of Canada, or to this Our Charter ; Provided also, that the said Statutes, Rules and
Ordinances, shall be subject to the approbation of the said Visitor of Our said College for the time
being, and shall be forthwith transmitted to the said Visitor for that purpose. And that, in case the
said Visitor shall, in writing, signify his disapprobation thereof, within six months of the time of their
being so made and framed, the same, or such part thereof, as shall be so disaproved of by the said
Visitor shall, from the time of such disapprobation being made known to the said College Council, be
utterly void and of no effect, but, otherwise, shall be, and remain in full force and virtue.
And We do further order and declare, that no Statute, Rule, or Ordinance, shall be framed, or
made by the said College Council, touching the matter aforesaid, or any of them, excepting only such
as shall be proposed for the c nsideration of the said Council by the Chancellor, for the time being, of
Our said College. And We do require and enjoin the said Chancellor thereof, to consult with the
President of Our said College, and the next senior Member of the said College Council respecting all
Statutes, Rules and Ordinances to be proposed by him to the said Council for their consideration.
And We do hereby for Us, Our Heirs and Successors, charge and command, that the Statutes,
Rules and Ordinances aforesaid, subject to the same provisions, shall be strictly and inviolably ob-
served, kept and performed, from time to time, in full vigour and effect, under the penalties to be
thereby, or therein, imposed, or contained.
And We do further will, ordain and grant, that the said College shall be deemed and taken to be
an University, and shall have and enjoy all such, and the like, privileges as are enjoyed by Our
Universities of Our United Kingdom of Great Britain and Ireland, as far as the same are capable of
being had, or enjoyed, by virtue of these Our Letters Patent ; and that the Students in the said
College shall have liberty and faculty of taking the Degrees of Bachelor, Master, and Doctor, in the
several Arts and Faculties at the appointed times ; and shall have liberty within themselves, of per-
forming all scholastic exercises for the conferring of such Degrees, in such manner as shall be directed
by the Statutes, Rules and Ordinances of the said Colleges. And We do further will, ordain and
appoint that no Religious Test, or Qualification, shall be required of, or appointed, for any persons
admitted, or matriculated, as Scholars within Our said College, or of persons admitted to any Degree
in any Art, or Faculty, therein, save only that all persons admitted within Our said College to any
Degree in Divinity, shall make such and the same Declaration and Subscriptions, and take such, and
the same. Oaths as are required of persons admitted to any Degree of Divinity in Our University of
Oxford.
And We do further will, direct and ordain, that the Chancellor, President, and Professors of Our
said College, and all persons admitted therein to the Degree of Master of Arts, or to any Degree in
Divinity, Law, or Medicine, and who, from the time of such their admission, shall pay the annual
sum of Twentj' Shillings sterling money for and towards the support and maintenance of the said
College, shall be, and be deemed, taken and reputed to be. Members of the Convocation of the said
University, and, as such Members of the said Convocation, shall have, exercise and enjoy, all such,
and the like, privileges as are enjoyed by the Members of the Convocation of Our University of
Oxford, so far as the same are capable of being had and enjoyed by virtue of these Our Letters Patent,
and consistently with the provisions thereof ; and We will, and by these Presents for Us, Our Heirs
102 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
I
and Successors, do grant and declare that these Our Letters Patent, or the enrolment, or the exeni-
plilication thereof, shall and may be good, firm, valid, sufficient and effectual in the Law, according to
the true intent and meaning of the same ; and shall be taken, construed and adjuged in the most
favourable and beneficial sense, or to the best ailvantage of the said Chancellor, President and Scholars
of our said College, as will in Our Courts of Record, as elsewhere, and by all and singular Judges,
Justices, Officers, Ministers and other subjects whatsoever of Us, Our Heirs and Successors, any mis-
recital, non-recital, omission, imperfection, defect, matter, cause, or thing whatsoever, to the contrary
thereof in any wise notwithstanding. In witness whereof We have caused these our Letters to be
made Patent. . .
(Note. The next Letter written by Doctor Strachan was addressed to Mr.
Benjamin Hawes, Under Secretary of State for the Colonies, enclosing, for Earl
Grey's information, a Memorandum of two interviews on the subject of the
Church University, which he had had with Sir Robert Peel. But, as these inter-
views were personal, and non-otiicial,I do not insert here either the Communication
itself, or the Memorandum.)
V. Doctor Strachan to Earl Grey, Colonial Secretary.
I have had the honour of receiving your Lordship's Letters of the 18th ultimo, ... on
the subject of the establishment, by Royal Charter, of an University in Upper Canada exclu-
sively connected with the Church of England.
I have, in reply, to inform your Lordship that I have perused the Draft Charter enclosed
in your Letter, and I have also carefully considered the suggestions by which it is accompanied,
and that I regret to be under the necessity of stating, that it is impossible for me to come to
any decision on the application you have submitted to me, without having had an opportunity
of ascertaining what may be the views of the Provincial Government upon it. I will, therefore^
transmit copies of your Letters and of the Draft Charter to the Earl of Elgin, and I must post-
pone offering any advice to Her Majesty as to the grant, or refusal, of the Charter, until I shall
have received His Lordship's report upon the subject.
In stating to your Lordship that such is the course which I feel it to be my duty to take, I
beg to observe, . . . that, in making the proposed reference to the Governor of the Colony,
I am merely acting in accordance with the rule which I have thought it right invariably to
adhere to since I have had the honour of holding the Seals of this Department, (and, in which,
I believe, I am following the practice of my Predecessors in office,) to decline adopting, (in
consequence of applications addressed to me directly.) any important step affecting the internal
interests of Her Majesty's Colonial Possessions, without having had a previous opportunity of
communicating on the subject with the Governor of the Colony to which such application may
relate. Your Lordship is aware that, if your application for a Royal Charter had been addressed
to me by Letter from the Colony, the established Regulations of the Colonial Service would
have required that it should have been forwarded to me through the Governor, in order that
he might have an opportunity of offering an explanation of his views with regard to it, before
any decision was come to by Her Majesty's Government. I conceive, that the circumstance of
your Lordship having come to this Country, in order to bring the application before me person-
ally, instead of by Letter, can make no difference in the obvious propriety of enabling the
Governor to call the attention of Her Majesty's Government to any considerations which may
appear to him to require their attention, before they come to a decision, on a subject of such
deep importance, to the people of Canada.
I cannot conclude this Letter, without expressing the great regret with which I have
observed an expression in the Memorandum of your interview with Sir Robert Peel, which
might be understood as implying that you regard a reference of this question to the Governor
General of Canada as a reference " to your enemies." Nothing I am persuaded, can be more
erroneous than such an idea, nor has there been anything in the conduct of the Earl of Elgin
which seems to me to justify the smallest doubt of his entertaining an earnest and conscientious
desire to act fairly and impartially towards every Christian Church in Canada, and especially
towards that of which he is himself a Member.
I shall postpone transmitting this Correspondence to the Governor General, until I am
informed whether there are any further observations on the subject to which it relates, which
you would desire to have brought under his notice.
London, 26th July, 1850. Grey.
Chap. VI. DOCTOR stracha.n's church university correspondence. 103
VI. Doctor Strachan to Earl Grey, Colonial Secretary.
I have the honour to acknowledge your Lordship's Letter of the 26th instant, and had not my
attention been called to two words which occur in the narrative of my interviews with the late
Sir Robert Peel, I should have been content with expressing my regret at the course which
your Lordship had been pleased to adopt.
That lamented Statesman knew as well I did, that the words "our enemies" do not include
or apply to the Earl of Elgin, who is not believed to be clothed with the sufficient authority to
interfere with effect under what is called Responsible Government.
In regard to applications made from a Colony to the Imperial Government, being sent back
to the Authorities of that Colony, it may be convenient, as a general rule, when the subject
matter is new, unknown, or not well understood. But, I submit, that the question of granting
the Charter I desire is not exposed to any of these objections. It has been acted upon in the
case of the Kirk of Scotland in Upper Canada, in that of the Methodist Body, who enjoy a
Royal Charter for an Academy.
I shall, nevertheless, hope against hope, that the Colonial Authorities may see the iniquity
of refusing their assent to a measure so reasonable and just, now that the responsibility is
thrown wholly upon themselves.
London, 27th July, 1850. . John Toronto.
(Note. The foregoing Letter closed the Correspondence of 1850 between
Doctor Strachan and Earl Grey. The various Letters of that Correspondence
were, by Earl Grey, enclosed, two days after the date of Doctor Strachan's last
letter, to Lord Elgin, the Governor General of Canada, including also the two
following Petitions to the Queen, which were by Doctor Strachan, personally
placed in Earl Grey's hands, and, by him, laid before Her Majesty, as he informed
Doctor Strachan in his Letter to him of the 13th June, 1850. (see pages 97-9^i.)
These Petitions recount, somewhat in historic form, the incidents and
vicissitudes of the Church of England in Upper Canada, particularly so far as
that Church had to do with the promotion of University Education in the
Province, from 1827 to 1850. The following are copies of these two Petitions, as
they were presented to the Queen by Earl Grey) : —
Petition to the Queen's Most Excellent Majesty.
May it Please Your Majesty ;
We your Majesty's dutiful and loyal Subjects, Members of the United Church of England and
Ireland, in Upper Canada, humbly beg leave to represent, that His late Majesty, King George the
Fourth, was graciously pleased in the Eighth Year of His Reign, to establish and incorporate, by a
Royal Charter, under the Great Seal of England, a College within the Province of Upper Canada for
the education of youth, (as the said Charter especially declared,) in the Principles of the Christian
Religion, and for their instruction in the various Branches of Science and Literature.
That His Majesty was pleased to give to the said College the name of King's College, to confer
upon it the style and privileges of an University, with power to confer Degrees in Divinity and in
other Faculties, and to pass Statutes and By-laws for the good government and management of the
said University, and especially for the performance of Divine Service therein ; and that His Majesty
was further pleased to provide for the adequate support of the said University, by directing a Grant
of Land to be made for its Endowment from the Waste Land of the Crown in Upper Canada.
We beg leave further to represent to Your Majesty, that although, by its Charter, the University
was to be open to all, without exacting any Religious Test from either Professor, or Scholars, except
as regarded the Faculty of Divinity, yet it was so far in connection with the National Church, that
the Members of the College Council were required to be Members of that Church, and subscribe to
her articles, and so were the Professor of Divinity and all Students who should take Degrees in
Divinity.
That some discontent having been excited in the Province, on account of these provisions, it was
thought fit by His late Majesty, King William the Fourth, to allow the Legislature of Upper Canada
to pass an Act, altering the terms of the Royal Charter in these particulars, which connected the said
104 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA 1850
University exclusively with the Church of England, and especially abolishing all Religious Tests, or
Qualifications, except that it was required that the Members of the College Council and all the Pro-
fessors to be appointed, should make a declaration that they believed in the authenticily and Divine
Inspiration of the Old and New Testament, and in the Doctrine of the Trinity.
That under this altered Charter, King's College preserving its name and munificent Endowment
granted by the Crown was still capable of being made a Seat of Learning, valuable for all who can
appreciate the blessing of sound Religious Instruction for their children, because, although the security of
tests was removed, yet these were no prohibition against the establishment and continuance of a Divinity
Professorship of the Churchof England within the said University, and the regular celebration of Divine
Service; and His Majesty King William the Fourth, when he was pleased to assent to the modification
of the Charter, having especially required that that advantage should be secured to the Members of the
National Church ; there was, in fact, a Divinity Professorship of the Church of England, appointed
upon the organization of the College during the administration of Governor General, Sir Charles
Bagot, whose services were continued through the whole period that the College was in successful
operation, which it had been from its commencement until the first day of January last, (1850), on
which day an Act of the Provincial Legislature, passed in its last Session, (of 1849,) came into force,
repealing and annulling in effect, the whole Royal Charter, bv which King's College was established.
We now humbly beg leave to represent to Your Majesty, that, by this last Act, the University of
King's College, as established by Royal Charter, under the Great Seal of England, in 1827, has been
virtually abolished, its name being changed to the " University of Toronto," and its property and
funds directed to be applied to the support of an Institutioii, in which it is expressly provided by the
law which creates it, that there shall be no Faculty of Divinty, nor shall there be any Professorship,
Lectureship, or Teachership, of Divinity- in the same ; that there shall be no Religious Test, or
qualification, whatever, for any Scholar, Student, or Fellow, or for any Person appointed to any office,
or employment, whatever, in the same, nor shall any Religious Obseivances, according to the forms of
any particular Religious Denomination, be imposed upon the Members, or Officers, of the said Uni-
versity, or any of them ; that the University shall have no power to confer any Degree in Divinity ;
and that no person shall be appointed by the Crown to any Seat in the Senate, who shall be a
Minister, Ecclesiastic, or Teacher, according to any form, or profession, of Religious Faith, or Wor-
ship whatsoever.
The foundation which had been so kindly and liberally made, by our Sovereign, for the sound,
moral and Religious education of our youth, having been, in this manner, destroyed, Your Majesty's
Petitioners feel that it has now become their duty to make the most strenuous efforts for founding an
University, or College, in which instruction in the Sciences ma}^ be combined with a sound Religious
Education ; and, in which the truths of Christianity, as they are held by their Church can be taught
without jealousy, or reserve. We do not desire to see Tests imposed of such a nature as could create
uneasiness among the Members of the Church [of England,] and would consider the great object of
Religious peace and unity within the College, sufficiently secured by requiring from all who are to have
any share in its Government, or any duties, as Professors, Teachers, or Officers ; to be performed with-
in it, the declaration that they are sincere and faithful Members of the United Church of England and
Ireland, conforming to her Liturgy ; submitting to her discipline ; and believing in her doctrines ; and
pledging themselves that their conduct shall be always in accordance with that declaration.
We entreat that your Majesty will be graciously pleased to grant Y^our Royal Charter, for the In-
corporation of an University, to be established, on this clear and unequivocal principle, and to be sup-
ported by means which the Members of the Church [of England,] will contribute from their own re-
sources.
The privilege which we ask has been already conceded to the Members of the Church of Scotland in
Upper Canada, and will not, as we humbly hope be withheld from the Members of the Church of Eng-
land, composing, as they do, the most numerous Denomination of the Christians in Upper Canada, and
being behind none in devotion to Your Majesty's Royal Person and Government, in obedience to the
laws, and in the proofs of a just and tolerant spirit towards all classes of their fellow subjects.
And Y^'our Majesty's dutiful and loyal Petitioners will ever pray.
John Toronto, ^ Robert S. Jameson. Vice-Chancellor.
Geo. Okill Stuart, Archdeacon of Kingston. Edward G. O'Brien,
Alexander Neale Bethune, Archdeacon of York. William B. Robinson,
H. J. Grasett, M. A., Cantab. Thomas D. Harris,
James Beaven, M. A., Lewis Moffatt,
Stephen Lett, LL. D., Clerk. James Gordon,
J. G. D. McKenzie, B. A., Clerk. Alexr. Burnside,
Arthur Palmer, B. A., Clerk. Enoch Turner.
J. Gamble Geddes, B. A., Clerk. William Natomd, LL. D.
Edmund Baldwin, M. A., Clerk. Lucius O'Brien, M. D.
Richard Mitchell, M. A., Clerk. Thomas Champion,
W. Stewart Darling, Clerk. Geo. Crookshank,
John B. Robinson, Chief Justice of Upper Canada. John Duggan,
James B. Macaulay, Chief Justice, Common Pleas. John Beverly Robinson,
William H. Draper, Justice, Queen's Bench. M. Betley,
J. C. P. Esten, Vice Chancellor. -W. Brent.
Toronto, 9th April, 1850.
Chap. VI. DOCTOR strachan's church university correspondence. 105
2. PETITION TO THE QUEEN'S MOST EXCELLENT MAJESTY.
May it please Yofr Majesty,
We, j'our Majesty's most dutiful and loj^al Subjects, the Clergy and Laity of the United Church
of England and Ireland, inhabiting that part of British North America, which formerly composed the
Province of Upper Canada,
Most humbly represent : —
T}iat after the Peace of 1783, this portion of your Majesty's Dominions become the Asylum of
those faithful Loyalists, who, during the Revolutionary War with the Colonies, now the United
States, shed their blood and sacrificed their property in adhering to their King and the ' Unity of the
Empire.'
That the Parent State, anxious to prove her grateful sense of their affectionate and disinterested
services in a way the most agreeable to their wishes and feelings, conferred upon them, in 1791, a
form of Government similar to their own, and, in order that the State, as at home, might be sanctified
by Religion, provision was made at the express command of your Majesty's Royal Grandfather, in
the Constitutional Act of 1791 for its support, according to the form of the United Church of England
and Ireland, by the setting apart for that, the most important of all objects, a portion of the waste
Lands of the Crown.
That in the spring of 1797, the Legislature of Upper Canada addressed their beloved Sovereign,
George the III, of blessed memor}^ for a portion of the Waste Lands of the Crown, to produce a fund
for the purposes of Education, and more especially for the support of the Grammar Schools and a
University'.
To this Address a most gracious Answer was returned, granting their request,* and expressing
His Majest3''s paternal regard for the welfare of his loyal Subjects in the furtherance of an object so
important as the instruction of their youth in sound learning, and the principles of the Christian
Religion.
That, soon after the Colonial Government, (in 1797-1798), appropriated for the required object
Five Hundred thousand acres of Crown Lands, one half for the support of Grammar Schools, and the
other half for the establishment of a University. t
That the slow advance of the Colony in wealth and population during the War, which had so
long desolated Europe, delayed, for many years, the establishment of the University ; but, although
postponed, it was never lost sight of; and, in 1827, a Royal Charter was granted by His late Majesty
King George the Fourth, erecting a College, or University, within the Province of Upper Canada, in
which the wishes of His Royal Father are embodied, as it provides for the, —
" Ekiucation of Youth, in the Principles of the Christian Religion, and for their instruction in the various branches of
Science and Literature, which are taught in the Universities of this Kingdom."
Your Majesty's humble Petitioners would further represent, that steps were immediately taken
to secure, by Royal Patent, the valuable Endowment granted at the same time with the Charter, and
measures were adopted for opening the University, and commencing the business of instruction ; but,
before this could be accomplished, a Despatch was received by the Lieutenant-Governor, Sir John
Colborne, (now Lord Seaton,) bearing date the 2nd November, 1831, recommending at the express
desire of His Majesty, King William IV, such reasonable modifications as might satisfy certain
adversaries of the Charter, but, at the same time, stating that no part of the Endowment of the
College would ever be diverted from the great object of the education of youth, and that it must ever
be regarded sacredly and permanently appropriated to that important object ; and His Majesty
earnestly recommended to the consideration of the Legislature the permanent establishment in the
College of a Professor of Divinity of the Church of England, upon a sure footing, declaring it to be a
matter of great importance to those of His Subjects in Upper Canada, who belonged to the Church of
England, and that His Majesty, as the Constitutional Head of that Church, could not be insensible
to the duty which belonged to him of protecting it in all parts of his Dominions.
That, in accordance with the wishes of Your Majesty's Royal Uncle, the Statute of 1837, 7th
William IV, Chapter XVI, was passed by the Legislature of Upper Canada, which, satisfied, by its
modifications, all the objections of the more reasonable of the opponents of the Charter ; and, as they
neither trenched on the Endowment of the University, nor on its Religious character, though, in other
respects, objectionable, the authorities of the College, for the sake of peace, were reluctantly induced
to acquiesce in their enactment.
That, these modifications, like, all unreasonable concessions of principle to factious clamor, pro-
duced only a transient calm. The enemies of the National Church, implacable in their hostility and
encouraged by unlooked for success, again assailed King's College, after it had been in prosperous
* The request was not granted, as preferred by the House of Assembly, but it was granted on more liberal and more
comprehensive terms than were expressed in the Memorial of the House of Assemblj' to the King. See pages 16 and 17 of
the First Volume of this Documentary History,
t This Statement is incorrect. The Legislature asked for a Grant for Grammar Schools and a University, in 1797 ; but
the Grant was made in that year for Grammar Schools, and " other Seminaries of a larger and more comprehensive nature."
The Grant of Lands to King's College was not made until 1828. See page 17 of the First Volume of this History.
106 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
9
operation for more than six years, without any complaint as to its management, or manner of instruc-
tion, and without an}^ second invitation on the jjart of the Crown, and were again successful ; not
merely in effecting partial charges, but in accomplishing the complete destruction of what might have
been the noblest Seminary on the Continent of America.
Your Majesty's dutiful Subjects would further represent, that the Act thus passed by the Legisla-
ture of Canada, on the 30th of May last, not only destroys King's College, and, in effect, confiscates
the whole of its Endowment, but establishes a secular College, from which Religious Instruction is
expressly excluded, and this, in direct opposition to the wishes and invitations of three Monarchs, and
to the chief object for which it was prayed for and enacted ; namely, the Religious Instruction of
youth, and the training of such as were inclined for the H0I3' Ministry ; and that no loyal and grateful
feelings may hereafter associate " King's College" with its Royal benefactors, the very name is sup-
pressed, and " University of Toronto," substituted in its room.
That Your Majesty's humble Petitioners need scarcely represent, that they were filled with grief
and dismay at this unjust and ungodly Act of Legislation, unexampled, as they believe, in British
History ; and that they can have no confidence in, or connexion with, an Educational Institution in
which the voice of Prayer and Praise can never be heard, and from which, by the abolition of all
Religious Services, the acknowledgement of the Deity, and belief in the Saviour, are excluded. By
the passing of this Act, should it unfortunately be confirmed by your Majesty, nearly Two Hundred
Thousand of your Majesty's most loyal and devoted Subjects, who belong to the National Church, will
be deprived of the means which they enjoyed, through the bounty of the Crown, of educating their
children in the Christian Faith, or of bringing up such as are disposed to the Holy Ministry ; from all
which your Majesty will perceive that the welfare of that Church, of which your Majesty is the
constitutional Head and Protector, is placed in imminent peril.
Your Majesty's loyal Subjects further represent, that thej^ have the pledge of no fewer than three
Sovereigns for the integrity' of King's College, as a Protestant Religious Seminar}^ according to the
order of the Church of England, and for the safety of its Endowment, and they are the more encour-
aged to claim the fulfilment of this sacred and Royal pledge, from the fact, that the Endowments of
Louis XIV, in Lower Canada, — nearly ten times the amount of those granted to King's College, —
are reverentl}- respected, while the only Seminary belonging to the Church of England in Upper
Canada is not merely rendered useless to the cause of Religion, but will be utterly destroyed, and a
Godless Institution established in its stead, unless Your Majesty shall graciously interfere by the
exercise of your Royal Prerogative to prevent it.
Your Majesty's humble Petitioners most respectfully represent, that they have been brought up
to fear God and honour the King ; they have ever held the promise of their Sovereign sacred, and
worthy of all trust ; and, so trusting, they did not presume when Lands were cheap in the Province,
and an Endowment might have been esLsily obtained, to stand between the grace of the Sovereign, and
the people ; nor were they prepared for the disregard to the Royal Prerogative and the just claims of
the National Church manifested by the late Act, which Act they consider more unaccountable and
unjust, because the same Legislature has abundant means at its disposal of endowing as many Colleges
as it pleases, without the slightest detriment to any one ; and of leaving that of Her Sovereign and
Her Religion, free and untouched. For, all we ask is simply to retain the advantage which is actually
enjoyed by every other body of Christians in Upper Canada, of having one place of public Education,
in which their young men may be religiouslj instructed, and, such as desire it, trained to the Holy
Ministry ; and not to have an Endowment wrested from us which our Sovereign ha<« granted for that
purpose.
Your dutiful and loyal Subjects, May it please Your Majesty, would further observe, in deep
anguish of heart, that there was a time when the word of the Sovereign was felt to be as secure as
the stability of the Empire, and shall such a time be allowed to pass away ? The truth of the Sove-
reign and the affection of the people are co-relative, as the one cannot live without the other. Yet,
nearly one-third of the inhabitants of this noble Colony are suffering in their dearest rights and
interests from an Act, which they feel to be extremely oppressive. They are deprived of their Uni-
versity and Endowment, although thrice guaranteed by the Crown, and, by this, they lose the power
of conferring Degrees in Arts and Divinity, which virtually passes on them a sentence of proscription,,
from all such offices of profit and honour as require a Degree to qualify for their attainment, — above
all, they are deprived of tie means of bestowing on their children an Education based on Religion,,
the only Education worth possessing.
Under such trying circumstances, to whom can they go for redress but to Your Majesty, in whose
maternal affection they put their trust, as many of them now far advanced in life, have done in your
Majesty's Predecessors.
Permit us, then, the hope that Your Majesty will lend a gracious ear to this, our humble suppli-
cation ; that influenced by your exalted position as Constitutional Head of the Church, you will cause
the pledge of three Sovereigns to be redeemed, by the restoration of King's College in all its effici-
ency, with such modifications of its original Charter as shall separate it entirely from politics, and
allow it to proceed on its work of Scientific and Religious Instruction in security and peace.
And your Majesty's dutiful and loyal Petitioners, as in duty bound, will ever pray.
(Note.— This Petition was Signed, (as stated by Doctor Strachan), by above one hundred
and twenty five thousand persons in Upper Canada, and presented to Her Majesty the Queen
in June, 1850.1 ISee pages 103-106 of this Chapter)
Chap. VI. DOCTOR STRACHAN'S CHURCH UNIVERSITY CORRESPONDENCE. 107
YII. Letter from Earl Grey, Colonial Secretery, to Lord Elgin, Governor
General of Canada.
I have the honour to transmit tp Your Lordship, Copies of a Correspondence Bishop of Toron-
between the Lord Bishop of Toronto and myself, on the subject of the establish- tOj_ 29th May,
ment, by Royal Charter, of an University in Upper Canada, exclusively connected Earl' Grey, 13
with the Church of England, and unaided by the Public Funds of either this Coun- June, 1850.
try, or the Province ; and I have to request Your Lordship will report to me your ^'^th^Juner^"
opinion, whether there are any circumstances, in the present state of Canada which i850, with draft
would afford any sufficient reason for witholding from the Members of the Church g^j^PJiJ^^^^^
of England, who are desirous of establishing a University, by means of funds raised gari Grey 26th
by themselves, and without assistance from the public, the advantage of a Royal July, 1850.
Charter in the terms of the enclosed Draft. I am not, myself, aware that any such S?7th Ju^yT"
circumstances exist, and I should greatly regret to hnd that there is any obstacle to i850.
the grant of the proposed Charter, since it appears to me that it would only afford Ji^^?!'^*^^" *°
to the Members of the Church of England facilities for carrying on education, 2. pSonto
according to their own views, which are usually extended to other Religious com- the Queen.
munities! 'june "'' '' '''"^
London, 29th July, 1850. Gbey. Bishop of Toron-
' •'' to Earl Grey.
DOCTOR STRACHAN'S CHURCH UNIVERSITY CORRESPONDENCE, PART IV.
I. Letter to the Secretary of the Society for Promoting Christian Knowledge.
Permit me to approach, through you the Venerable Society for Promoting Christian
Knowledge, under circumstances of no ordinary character, and to entreat its sympathy and
assistance in shielding the Church [of England] in Upper Canada from the consequences of an
injury inflicted upon her by the Legislature of that Province.
The Society is aware that the University of King's College was opened at Toronto for the
business of instruction on the 8th of June, 1843 ;* and, notwithstanding, the attempts of its
enemies, year after year, to bring about its destruction, it proceeded with great vigour and
success during the six years and a half of its existence, and was obtaining, through its scholars,
an influence which was rapidly increasing throughout the Diocese of Toronto, — embracing the
whole of Upper Canada. Parents felt a confidence in its Religious character ; and, as none but
students belonging to the Church of England were expected to attend the College Chapel, sober-
minded Dissenters were not offended. On the contrary, the knowledge that Prayer was offered
up, morning and evening, and the Services of the Church [of England] regularly celebrated on
Sundays and Holy-daya pleased them, because these acts of Worship sanctified the labours of
the Institution.
During this brief period, the Degrees conferred were seventy-five, and the number of
students, including occasional learners, three hundred. The usual honours were obtained by
Presbyterians and Congregationalists, and others, as well as by the Members of the Church [of
England] for the secular instruction imparted by the Institution was open to Dissenters. But
these proofs of prosperity and growing usefulness, instead of conciliating the enemies of King's
College, increased their animosity. They became alarmed, lest, if left unmolested for a few
years, it would acquire a popularity among all the truly Religious in the Province, and place
itself in a position of safety, which they could not disturb. Hence, they allowed it no peace.
Session after Spssion of the Legislature it was assailed ; and, after defeating three successive
Measures for its destruction, its friends became weary and discouraged and the fourth attempt
has unfortunately proved successful. On the 1st of January, 1850, the destruction of King's
College was completed ; for on that day, the Provincial Statute of 1849, by which it was sup-
pressed, came into force.
In the Preamble of the Act, which destroys King's College and establishes a University,
from which Religion is totaly excluded, it is averred to be a Measure : —
" For the advancement of learning, upon principles calculated to insure the confidence of all
classes and denominations of Her Majesty's subjects, and which, under the blessing of Divine Pro-
vidence, would encourage the pursuit of Literature, Science, and Art, and, thereby, tend to promote
the best interests, Religious, Moral, and Intellectual, of the people at large."
But, upon what provisions does this Statute seek to attain these important objects ? In
the Twelfth Section it enacts, " That there shall be no faculty of Divinity in the same ; " by
the Twenty-Ninth Section, repeated in the Sixty-fourth ; it ordains, " That no Religious test,
or qualification, whatsoever shall be required of, or appointed for, any person admitted, or
matriculated, . . . Nor —
* For particulars of this Opening, see pages 277-292 of the Fourth Volume of this Documentary History.
108 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
£
" Shall Religious Observances, according to the forms of any particular Religious Denomination,
be imposed upon the Members or Officers of the said University, or any of them."
To speak of the interests of Religion being promoted by an Institution, from which every
reference to it is, by law, excluded is a cruel and unworthy mockery.
But, on this point, the people of the Colony have already spoken. The three great
Denominations, as well as the Church of England, embracing together almost two-thirds of the
population of Upper Canada, and nearly all who require collegiate instruction, have resolved to
have no connection with such an Institution.
The Synod of the Church of Scotland, in their address to the Queen, dated Kingston, Upper
Canada, 17th July, 1849, express their grief and disappointment at the attempts that are made
to sever Religion from Public Instruction, and add,
" We refer especially to the University Measure carried through the late Session of Parliament,
and now become law, which, though the University was endowed, by one of Your Majesty's Royal
Predecessors, expressly for the education of the youth of these Provinces in the Christian Religion, as
well as in Literature and Science, does yet so thoroughly exclude Christianity that there is no security
that the men, to whom shall be confided the high work of informing and training the minds of our j^outh,
be men who even believe in ' the only true God, and Jesus Christ whom he has sent.' As a Christian
Church, we should be betraying the cause we are bound to uphold, did we not draw Your Majesty's
attention to this disastrous Measure, and if we did not express our earnest hope that, since it so
directly contravenes the intentions of the enlightened Founder, while it is regarded wich dissatisfac-
tion by all the great Religious Bodies of the Country, means may yet be taken, by Your Majesty's
gracious direction, to amend the provisions of the Statute, and so to avert from us and our posterity
a calamity so great as its permanent adoption must inevitably bring upon us, if it be true that them
that honour God He will honour, while they that despise Him shall be lightly esteemed."*
The Christian Guardian, a journal published at Toronto, (Canada) and which is the
acknowledged organ of the Methodist Body, in its impression dated the 13th of February,
1850, says, —
" During the progress of the Godless University Bill through both Branches of the Legislature,
and up to the time of its receiving the Royal Assent, we did all in our power to oppose it, and
shunned not to expose its extraordinary provisions and character. In three existing University
Colleges : Victoria, Reglopolis and Queen's,— that is Methodist, Roman Catholic and Scotch Colleges,
have distinctly announced that they cannot co-operate with the framers of this Godless scheme ;
and, so long as the measure remains unaltered,so long must they stand aloof from the godless University,
and, according to the best of their ability, pursue their own course, retaining their Charters, and
rurnishing the youth in their halls with an education established on Religious principles.
The Lord Bishop of Toronto is taking steps for the establishment of an Episcopalian University,
in which he will not only have the virtual, but the acknowledged control, and where he can have the
youth of his own Denomination educated upon Religious principles. His Lordship has addressed a
powerful letter to the Clergy and Laity of the Episcopalian Church, in which he calls upon all to
make exertions, by Gifts, Donations, and otherwise,for the establishment of an Episcopalian University
in the Province, and announces that he will immediately proceed to England to solicit aid in carrying
out the enterprise." t
By the Census taken in 1848, the population of Upper Canada was found to be. . 721,000
Members of the Church of England 171,751
Members of The Church of Rome 123,707
The Methodists Membership and adherents 90,363
Members of the Church of Scotland 67,900
Those who cannot profit by the New College, having denounced it as irreligious 453,721
Leaving to profit by such Institution, but who for the most part place little value on
academical instruction 267,279
Even this will, in all probability, be found too much in favour of the Institution, for the
Scottish Free Church, and Congregatioualists disapprove of the principle of excluding Religion
from Education, but have not yet declared themselves regarding this anti-Christian University.
Having thus deprived King's College of its Religious character. Royal Charter, and name,
the Statute of 1849 proceeds, in the Thirty-second Section, to confiscate the whole of the
magnificent Endowment of King's College, worth about £270,000, and invest it in the New
Corporation ; and this in defiance of the faith of the Crown, expressed in the words of three
different Kings — George III, George IV, and William IV — and with as much recklessness as if
there had been no such pledges, no vested rights, no co-operation, no moral turpitude, in a
proceeding which strikes at the security of all property in the Colony and which has been
declared by the highest legal authorities to be unconstitutional and revolutionary. The truth
of which declaration is proved from the fact, that similar Institutions to that of King's College,
*This Address is printed on page 210 of the Eighth Volume of this Documentary History,
t See also pages 212-213 of the same Eighth Volume.
Chap. VI. DOCTOR strachan's church university correspondence. 109
founded in the old British Colonies, have received from the ruling power ample protection,
after the Countries, in which they were established, had become foreign to the British Crown.
Thus the Colleges, founded by the Kings and Queens of England in the Colonies, now the
United States, are still cherished and preserved, and the Endowments not only held sacred but
largely increased.
Indeed, the leading features of the Statute are, First : Contempt for the wishes of the
people : for it has been proved that almost two-thirds are virtually excluded. Second : Bitter
hostility to Religion, and especially to the Church of England. Third : Disrespect to the
expressed wishes of three Sovereigns, and hence to everything tending to the stability of
the Crown. Moreover, the Statute of 1849 evinces throughout a suspicious jealousy of all
Ministers, Ecclesiastics, and Teachers, and even prohibits the Crown from selecting them as
Members of the Senate. Indeed, such an interdiction of everything Religious, as this Act
seeks to establish, is without precedent among Christian Nations ; for it drives away all those
who, from their living faith, warmth of disposition, and sincerity of purpose, are best qualified
to train the young to all that is lovely and sublime in Religion, pure in Morals, and noble in
Science.
While the wishes and pledges of three British Monarchs are set at nought, more than two
millions of acres are carefully preserved by the same Legislature for Educational and Charitable
purposes, in Lower Canada, for the benefit of the French population, as if to show how far
British feelings may be outraged and the wishes of Louis XIV held sacred. Thus, the several
Colleges have their Endowments preserved, and are well supported and cherished ; but the
single Church of England College in Upper Canada is violently suppressed, and an irreligious
University established in its room. Not that I desire the confiscation of one of these two
millions of acres, or the suppression of one of these French Colleges, three, or four, in number ;
but surely, it is not too much for British hearts to expect, that the pledges of no fewer than
three of their own Kings should meet with as much reverence at least as those of one foreign
Prince. At present, the contrast is truly humiliating.
In fine, while the Roman Catholics, the Methodists, and the Church of Scotland have
Colleges exclusively their own, the latter under a Royal Charter, with the power of conferring
Degrees in Arts and Divinity, the National Church, [of England] with as many Members as two
or three of the other Denominations put together, is deprived by this Act of her own College,
and is driven to have recourse to a temporary Institution for training some of her young men to
the University ; otherwise her vacancies could not be supplied, or her light extended to the
waste places of the Province. It is, in truth, an act which evidently seeks to crush the Church
of England, and peril her existence in Upper Canada.
Such are some of the facts and considerations which induce me to endeavour, with Divine
assistance, to establish a Church University in Upper Canada from sources of a piivate nature,
with which the Legislature of the Colony can have no pretence to intermeddle.
I have, in the first place, appealed to my own Diocese of Toronto, and been responded to
in a spirit which, considering the distress of my people and their narrow means, has called forth
general admiration ; upwards of Twenty-five 'I housand pounds, (£25,000,) in Money and Lands,
have already been subscribed, and something more may be expected. I have now come to
England to supplicate further assistance, for much more is required to establish a University
worthy of our Church and capable of supplying her increasing wants. I begin with the two
Venerable Societies, the munificent Handmaids of our beloved Church, in the hope that my
case, which is unhappily stronger than perhaps any that has ever been brought before them,
may meet with favourable consideration.
At least two hundred thousand Members of the Church [of England] reside in Upper
Canada ; and, according to the present rapid increase of population, more than five times that
number will inhabit that region in a comparatively short time. Indeed, Upper Canada appears
destined to be the great seat of our Holy Church in British North America.
To found a University, therefore, in close and entire connection with the Church [of Eng-
land], in order to educate our youth in her Religious principles, as well as in the Arts and
Sciences, is a glorious work, and a work that ought not to be delayed ; it is a work which will
confer a blessing on all who take a share in it, and if wisely and firmly carried out, the results
will be of inestimable value in time and through eternity.
Most respectfully do I submit this my Statement and supplication to the wise consideration
of the Society for Promoting Christian Knowledge, to which my Diocese is already so much in-
debted.
John Toronto.
London, May 9th, 1850.
110 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
^ »
II. Letter To the Members of the Church of England in England.
Under the pressure of what I feel to be a very great necessity, I have ceased, for a short
time, from any pastoral labours in the Diocese of Toronto, and have come to England to appeal,
(I hope not in vain), to the sympathy of the Members of the Church of England in the Mother
Land, in behalf of their Brethren in Upper Canada.
When, in the year 1799, I made that distant portion of the British Empire my home, it con-
tained not more than 20,000 inhabitants. Even in 1824, the population had only risen to 160,-
OOO ; but since that period the increase has been astonishing, being now (in 1850) 800,000, or an
increase, of more than five-fold in twenty-six years, and, according to its present rapid rate of in-
crease, so much accelerated by steam navigation, and by the circumstances which compel emi-
gration from Great Britain and Ireland, there is no doubt that many who are now living will see
its population far greater than that of Scotland.
Of its present inhabitants I may venture to say that 200,000, at least, are Members of the
Church of England, and the greater part of them either emigrants from the United Kingdom, or
the children of such emigrants. Hence the Diocese of Toronto, (at present embracing the whole
of Upper Canada), promises to be the principal seat of Our Church in British North America.
The present policy of the Mother Country, whether it be wise, or unwise, is to confer upon
her great Colonial Possessions almost uncontrolled powers of Government, so that their subor-
dination to Imperial authority is, in fact, rather nominal than real. Being left to model their
civij institutions as they please, their moral condition and social happiness are dependent on the
cha nee of their forming a right judgment of their best interests. And this, where suffrage is al-
most universal, as in Upper Canada, leaves all dependent on the virtue and intelligence of the
people.
For the education of the great mass of the people in the Common Schools, liberal provision
has been made by the Legislature, under an Educational System which is conducted with ability
and zeal* but, which, nevertheless, labours under the vital defect of excluding all doctrinal in-
struction in Religion, or, in other words, all practical teaching of Religious Truths.
To secure an adequate provision for education of that higher order, which is necessary to
prepare youth for the liberal professions, and for the important duties of legislation, had been, for
fifty years, the self imposed labour of my life.
In 1827, before which time the Province was scarcely qualified to receive it, we had the
happiness to see in Upper Canada a University founded by Royal Charter, and liberally endowed
by the Crown with a large grant of Land. So little exclusive was it in its character, that its ad-
vantages were open to all ; no tests were required from Professors or Students, with the exception
of the Professors of Divinity, and of graduates in that Faculty.
But it was avowedly a College in connection with one National Church, and provisions was
made in the Charter for ensuring unity and consistency in its discipline and government.
If it had been otherwise, the Charter would have been such as had never before been issued
under the Great Seal of England for the foundation of a University, to be endowed by the Crown
in any part of the British Dominions. Yet, because it was complained of as unreasonable and
unjust that a University should be founded by the Sovereign in connection with the Established
Church of the Empire, it was thought expedient to allow the Royal Charter to be so altered by a
Colonial Statute as to leave no trace in it of a connection with the National Church.
This change was made in 1837 ; and, as was foreseen by many, it half accomplished the ruin
of the University. For though, neither Religious Instruction, nor Divine Worship was excluded,
and, though, in deference to the express wish of the Sovereign, King William the Fourth, a Pro-
fessorship of Divinity, according to the doctrines of the Church of England, and the daily use of
her admirable Liturgy were tolerated for a time, during which the University was flourishing and
rapidly rising in public estimation and confidence, yet the Colonial I^egislature having been
once allowed to multilate the Royal Charter in 1837 has not stopped short in the work of de-
struction.
In the last Session of that Legislature, (1849,) an Act was passed which came into force on
the first day of January, 1860, expressly excluding from the College Religious Instruction,
according to any form of doctrine whatever ; prohibiting any form of Prayer, or any act of Pub-
lic Worship, and disqualifying any Graduate of the University, who may have taken Holy Orders
from having a voice in the Senate.
* In 1841, at the first Session of the Legislature of United Canada an annual grant of Fifty Thousand pounds a year was
set apart for the maintenance and support of Common Schools in the United Provinces of IJpper and Lower Canada. And
this was accomplished by the aid of the Honourable Isaac Buchanan, See page 160 of the Fourth Volume of this Documen-
tary History.
The Administrator of the System of Common School Education, at the time that Bishop Stracjhan wrote this Appeal, in
1850, (and to whom he here refers,) was the Reverend Doctor Ryerson, who was appointed to office in September, 1844.
Chap. VI. DOCTOK STRACHAN's CeUKCH UNIVERSITY^ CORRESPONDENCE. Ill
By this Measure, which I think I do not too harshly describe, wKen I speak of it as impious,
the Munificent Gift of His Majesty, King George the Fourth, (a Gift the present value of which
is estimated at £270,000, and which yields a revenue which is yearly increasing of about Eleven
Thousand pounds, (£11,000), is at least worse than thrown away ; for, deprived of the respect and
confidence of the sound and intellii»ent portion of the community to whatever Denomination
of Christians they miy belong, the University cannot flourish ; or, if by any exertion it can be
sustained for a time, it must be at the sacrific of the highest and most sacred interests.
A deep conviction of this forces itself upon the mind of every religious man ; but the Mem-
bers of the Church of England, utterly dispairing of, and rejecting, as they do, what was once
King's College but is now the Anti-Christian "University of Toronto," do not yet despair of their
Church, or of their cause. Relying on the Blessing of God, and using their own best exertions,
they hope soon to succeed in establishing a University strictly, and unreservedly, in connection
with their Church ; a University, not confining itself to instruction in human Science, but a Un-
iversity of which the Religious character shall be known and acknowledged, in which the doc-
trines of the Church of England shall be taught in their integrity, and in which her Dure and
"reasonable service" shall elevate and sanctify the labours of the Teacher and the scholar.
We hope to succeed in establishing, for ourselves, without pecuniary and from any public
source, a University clearly and avowedly in connection with our Church, receiving only from our
Gracious Sovereign what other Religious Denominations in our Province have received, a Char-
ter of Incorporation, providing for the Government of the Institution, and conferring on it the
privilege of granting Degrees.
I am labouring, at an advanced age, [ of 72,] to lay the foundation of a work, which I be-
lieve will, at no distant day, be of inestimable value to that rising Country. The efforts which
I made in the Province just before my departure, have been nobly seconded. Within a few
weeks, the contributions in Money and Land have amounted to more than Twenty-five Thou-
sand pounds, (£25,000.) Yet this effort, astonishing as it is, considering the state of the
contributors struggling for subsistence in the wilderness, — far from the land of their fathers, —
is scarcely sufficient to erect the necessary Buildings. B'Jt does it not constitute a claim, all
but irresistable, upon the Members of the Church [of England] in this Country to supply the
deficiency as to Endowment ? Hence, having done our utmost, my peop]e, as well as myself,
felt ourselves justified in relying with filial confidence upon the enlightened patriotism, the
Religious zeal, the generous sympathy of our Brethren at home, for enabling us to establish, in
this populous and important Colony, upon a sound foundation, and on a liberal scale, a Seat of
Learning, with which political agitations shall have no pretence to meddle, and which will
assuredly prove an invaluable blessing to the Country, and to many thousands in it, who were
formerly inhabitants of the United Kingdom ; and not a blessing to those only, who belong to
the Church of England, but to all who may desire to avail themselves of the means of education
which such an Institution will offer.
I trust God will put it into the hearts of those of our fellow Churchman in this Country, to
whom he has entrusted wealth, to give to us liberally of their abundance ; and that those who
can only, by the exercise of a prudent economy, have anything to spare, may still spare us a
little ; for what we have undertaken can. only be accomplished on an adquate scale, by the co-
operation of the many.
It is not long since an English Gentleman, Mr. James Smithson, bequeathed a princely sum
of money for the promotion of science, by means of an Institution to be founded in the capital of
the United States of America — now called the " Smithsonian Institution," Washington, to which
Country I am not aware that he was bound by any particular tie. If, happily, some other
English Gentleman of equal means and equal philanthrophy should so far combine patriotism
with benevolence, as to make Upper Canada the recipient of as large a bounty, he would be
laying the foundation of infinite good to a Country rapidly rising into importance, and would be
doing more than it seems can be done, in the present times by legislature and governments for
the best interests of the people.
London, 12th June, 1850. John Toronto.
III. Statement op English Church Members, in Response to the Foregoing Appeal
OF Bishop Strachan.
(Note. This Statement is inserted as part of the history of the Case, and also
on account of the historical references which it contains.)
The undersigned Noblemen and Gentlemen, having heard from the Bishop of Toronto [ the
following ] Statement, feel deeply impressed with the justice and importance of his Appeal, and
112 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
«
urgently recommen<l the same to the Christian Sympathy of the Members of the Church of
England in the Mother Country.
Nelson Thomas Robinson D. D. Robert Montgomery.
Lyttelton John Russell D. D. Earnest Hawkinw, B. D.
Seaton, (Sir John Colborne) W. Cotton J. S. M. Anderson.
W. K. Gladstonb J. H. Turner T. Hartwell Horne, B. D.
Sidney Herbert G. K. Gleig Henry Mackenzie.
Historical, Statistical and Financial Statements by the Bishop of Toronto.
The Diocese of Toronto contains 800,000 inhabitants, of whom upwards of 200,000 are
Members of the Church of England.
This Diocese may reasonably be txpected to prove the stronghold and principal scat of the
Church [of England] in British North America.
In 1827, an University was founded by Royal Charter, and liberally endowed in 1828 with
property now realizing about £11,000 per annum. It was open to all ; no tests were required
from Professors, or Students, with the exception of the College Council, orGoverningBody, the Pro-
fessor of Divinity and Students in that Faculty. It was thus connected with the National Church,
though not excluding any Members of other Religious Communities from the educational bene-
fits it afibrded. And though, in 1837, some alterations ivere made in the Charter by the Colonial
Legislature, with the consent of the Crown, yet, as these did not trench upon the religious
character of the University, the Institution proceeded on its course of usefulness, with the full
confidence of the public.
But in, 1849, the Legislature of the Colony of Upper Canada passed an Act, which came
into force on the 1st January, 1850, excluding from the University all Religious Instruction,
according to any form of doc rine ; prohibiting any form of Prayer, and every act of Public
Worship ; and disqualifying any graduate in Holy Orders from admission into the Senate.
The Members of the Church in Upper Canada, thus deprived of an University with which
they could in any sense, as Religious men, cooperate, feel that it is their duty to sacrifice Endow-
ment rather than Principle ; and, that it is impossible for them, great as the sacrifice is, to hold
connection with an Institution now essentially anti- Christian, though originally bearing the
honoured name of the Sovereign of this Empire, and established for Religious purposes. They
are desirous, therefore, of establishing an University in direct connection with the Church,
[ of England in Upper Canada ], without pecuniary aid from Public sources, which repudiate
the principles of Christianity as the basis of education.
For this purpose the Members of the Church [of England ] in Upper Canada have already
contributed, within the Province, no less an amount than Twenty-five Thousand pounds,
(£25,000) ; but, as this sum will barely suffice to erect the necessary Buildings, an equal sum,
at least, will be required to form an Endowment for a Church University for Upper Canada.
The Undersigned add to this Statement the following words of Commendation : —
The aged Bishop of the Diocese of Toronto having to begin anew the work which has occu-
pied half a century of his life, has come to England to obtain assistance from his Brethren in the
faith, and is especially desirous of enlisting in his cause the Universities, the great Church [ of
England ] Societies, the Clergy, and all who desire to extend the Church [ of England ] in her
purity, and to promote her prosperity and usefulness among her Colonial Children.
London, June 19th, 1850.
Henry Mackenzie, M. A. ) „ « 4. ■
Simon J. G. Fraser, B. A. \ honorary Secretaries
IV. Interview of Doctor Strachan with the Colonial Secretary in Kegard
TO the Charter for Trinity College.
Doctor Strachan's report of his interview in London with Earl Grey, the
Colonial Secretary, which I have copied from the Cobourg Star of the 18th of
December, 1850, is as follows : —
In regard to my interview with the Colonial Department, I have no reason to complain, for
I was treated with all the politeness and consideration, that I could expect.
I had left my name at the Office in Downing Street, on the fourth of May, 1850, and had
the honour of dining with Earl Grey on the Queen's Birthday. His Lordship received me with
becoming courtesy, and introduced me to the Duke of Wellington, and to other guests.
Chap. VL DOCTOR STRACHAN's CHURCH UNIVERSITY CORRESPONDENCE. 113
On the 17th of May, 1850, I addressed a note to his Lordship, stating my object in coming
to England, and that I was the Bearer of a petition to the Queen, signed by more than eleven
thousand members of our Church in Canada, which I was anxious to present at his Lordship's
convenience. Next day, 1 received a note, expressing regret, that Lora Grey was obliged to go
out of Town, but that he would ba happy to receive me on his return.
The interview took pl3ce on the 29th of May, 1850, and my requests were severally dis-
cussed in an amicable manner, and the results embodied in Earl Grey's Letter to me of the 13th
June *
As respects the granting a Charter, Her Majesty's Government, I was informed, were
always disposed to regard favourably, proposals, which are made for extending and improving
the means of Education in the British Colonies, and more especially where those proposals do
not involve the necessity of a grant of Public Money ; and readiness was expressed to consider, with
the utmost attention, the suggestions offered for the incorporation of a new University in Upper
Canada, whenever a Draft of the Charter, which may be deemed adequate to the purpose, was
received. But that, until the Secretary of State was in possession of such Draft, it was obvious,
that he was not in a position to form any judgment upon the propriety of recommending Her
Majesty to give Her consent to the desired Measure ; — but, it was added, that the Secretary of
State should feel it to be his duty to communicate with the Provincial Government on a matter
of such importance, before committing Her Majesty's Government to any settled course or
action.
Now, with the exception of the proposed reference to the Provincial Government, all
appeared, fair and respectful, and no indication was given of any disposition to withhold the
Charter, on the part of the Secretary of Srate. Even the reference itself, as far as I could gather,
proceeded from no hostile spirit, but was grounded upon what was thought a precedent.
In the case of the Queen's College ; I was told that a Charter had been first obtained in the
Colony, and then the House Government had nothing more to do than to comply with wishes
already expressed and acted upon by the Provincial authorities, and I was left to infer, that had
I brought a like Document, there would have been no difficulty, but, not having done so, it be-
came necessary, so as to prevent any misunderstanding, to proceed in the same way. It may
be, that the Secretary of State did not dream of any opposition from the Colony, and considered
the effect of the reference nothing more, than a little delay ; I thought differently, and con-
sidered such reference to the present Colonial authorities tantamount to a refusal. Had, indeed,
the Colonial Government shewed the same friendly feeling towards the Church of England as
the Government of the day, did to that of Scotland, when the .Charter was granted to Queen's Col-
lege, there would have been no fear. Be this as it may, the reference to those who had done us
so great injury and created all our difficulties, appeared to me, as it did to others, a cruel
mockery.
On the 10th of June, 1850, I had waited on Sir Robert Peel, to request his influence in
promoting my objects, and after reading the Canadian Act destroying King's College, and
establishing with its endowment a College, from which Religious Worship was virtually excluded,
he pronounced himself strongly against such a proceeding, which could never have taken place
in England. When this new difficulty occurred, I again sought an interview with that eminent
Sta esman who kindly promised to speak to Mr. Benjamin Hawei, [Under Colonial Secretary],
or Earl Grey, whom he considered very honourable men and not likely to do anything unreason-
able, or unjust ; nor did he think, that, on consideration, the reference would be persisted in.
" But should the Charter be delayed," (he said) " what is your intention ? " I said " the
College would commence as soon as I return to Canada, whether we received a Royal Charter, or
not." " You are right " (he replied) " the Church must do her duty ! " " your case," (he con-
tinued) "is very aggravated, and perhaps it would be better to go at once to Lord John Russell,
who would, I believe, do what is right. This however, may be considered by you, should the
Colonial Office fail you."
As respects the Petition to the Queen presented to Earl Grey on the 29th of May, 1850,
the following extract from Lord Grey's Letter, already quoted, of the 13th of June, gives the
necessary information . . .f
V. Doctor Strachan's Report of his Visit to England to obtain Funds
FOR THE New Church University in Toronto.
The following is Doctor Strachan's official Report, to the Members of his
Church, of the result of his Visit to England to obtain additional Funds, for the
establishment, in Toronto, of a Church of England University. To it I have
*See pages 97, 98 of this Chapter.
tA copy of this Letter is given on pages 97, 98 of this Chapter.
8 d.e.
114 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 185
appended his financial Statement, as laid before the Provisional Board of Trustee
of the new University of Trinity College : —
In my Pastoral Letter of the Seventh of February last, I mentioned my intention to procec
to England, to urge the prayer of our Petition to the Queen, and, if found judicious, to boi
Houses of the Imperial Parliament. Above all to bring the facts of our case before the noti(
of the Members of the Church [of England] in our Father land ... in the hope that tht
would . . . enable us, by their offerings, in addition to our own, to found a new Collej
under a holier and better form ; — nor have 1 been disappointed in these expectations.
On the tenth of April, 3850, I left Toronto. On reaching New York, I was much visite
by the Clergy and Laity there, and gratified to find that the destruction of King's College, and tl
establishment of an Institution, from which all Christian Worship is excluded, met the stronge
condemnation from all the Members of our Sister Church, and the pious of other Denominatioi
. . . Indeed, so . . . great the interest manifested in our favour, that liberal contr
butions might have been obtained to assist in accomplishing our object, had it been then desi
able to do so."**"
We sailed from New York ... on the Seventeenth of April, and arrived in Liverpo(
on the Twenty-ninth, of the month . . . t
On the 18th June, 1850, I enclosed a Draft of the proposed Charter to the Secretary <
] State for the Colonies, which is merely a transcript of that of King's College, or of Queen
f College, now in successful operation at Kingston, with such alterations only as might separat
the Institution it seeks to establish from any political influence whatever, and enable it to procee
in its work of Religious and Scientific instruction in security and peace. I offered, at tl
same time, some reasons to induce Lord Grey, the Colonial Secretary, to relinquish any referenc
^ [in regard to that Charter] to the Provincial Government, which had shewn itself so hostile to th
* interest of the Church [of England there] I respectfully submitted, that the avowed object of th
Party [in Canada], which had destroyed King's College, was to have only one University, and t
afliliate with it all existing Colleges, or Seminaries, in the Province, | and although this objec
ti has signally failed, — yet, while the desire existed, we could not look for any favourable resu!
n from such reference. I likewise brought under consideration the hardship and great evil <
c« delay, — that the Members of the Church [of England in Upper Canada] supplied a greate
h number of Students for Collegiate instruction than any other Religious Denomination, and, ths
a: the refusal of a Charter was nothing less than intolerance and proscription ; that we were onl
[ asking what had been already granted to others, [ — the Promoters of Queen's College, Kingston—
tl and could not be withheld from us wichout manifest injustice. The question of granting, or nc
granting, to the Church [of England in Canada] a Royal Charter for a University, in which t
g^ educate her youth for the sacred work of her Ministry, and the other liberal professions, havin
yj been thus referred to the Provincial Government, nothing remained but for me to express m
^j regret at the course adopted, and to hope against hope, that our opponents would be conter
with the evil they had already done the Church of England and her Members, [in Upper Canads
and would not add to the farther inic^uity of refusing their assent to a measure so reasonabl
and just, now that the responsibility was thrown wholly on themselves . .
F* On Saturday, the 19th of October, I sailed from Liverpool, and on Saturday, morning, th
5 2nd of November, I was in Toronto . . .
E
p^ The result of my labours, on leaving England, as already frequently stated, is in money an
*^ bonds, nearly Sixteen Thousand pounds, (£16,000,) Halifax currency ; the collections are how
ever still proceeding . . .
As respects the Church University, although commenced in one Faculty, little can be said
because its provisional organization is not yet complete. When the necessary Buildings ar
finished, it will be conducted on the system of a well regulated Christian Household,— a]
I^ Students will be resident, except it should, at any time seem fit to the Visitors and | College
Council to give dispensations, for special reasons, to some of the Students living with thei
parents in the City, or near vicinity, subject, nevertheless, to strict attendance at Chapel, an(
to all the Rules of Discipline.
Our first and great object will ever be to produce young men of moral worth and soun<
0- learning,— men who will, in after life, do honour to their professions, and bless the Society ii
yv which they move.
* Subsequently, in 1852, Archdeacon Bethune, (afterwards Bishop,) was appointed to collect Funds in the United States
as was also Archdeacon McMurray of Niagara commissioned, in 1852, 3, to collect subscriptions for the New Churc
T University in the United States.
t I have here omitted several portions of this Report, only giving the merely personal Narrative.
t This Question was again raised in regard to the University of Toronto in 1901, and in regard to which I pointed out i
th« letters to the two leatling newspapers in Toronto that such an inteniretation of the terms of the Imi^erial Grant c
Vpi Lands, for educational pnnwses in 1797, was historically incorrect. The Legislature asked for an Imperial grant (
Lands for Grammar Schools and " a College, or University ; " the Imperial Grant, however, was made for Grammar School
and other Seminaries of a larger and more comprehensive nature."
Chap. VI. DOCTOR strachan's church university correspondence. 115
In regard to emolument, the Church University can oflfer no temptations, for, though our
friends, have done much and well, yet the work is great, and events, over which we had ni) con-
trol, have made us comparatively poor. The desire of gain cannot, therefore, become the
motive of any aspirant to office among us, or, if it should, disappointment must follow.
The government will be in the Bishop, or rather Bishops, so soon as the Diocese is divided,
{an event not distant);"^ assisted by a competent Council, which Council must, of necessity, be
provisional, until the Institution is ready to commence the business of instruction. Appointments
to Professorships and other offices, can never with us create any other difficulty than that
of selecting the most able and efficient candidate, — for the salaries will be so moderate, that none
will apply for appointment except those whose hearts are directed to the furtherance of the far
higher objects which the Church University will have constantly in view.
The Church University will be managed with the strictest economy, in order that its advan-
tages may come within the reach of families of moderate, and even narrow, incomes, hence we
-expect that the sons of Clergymen, half-pay Officers, and Merchants, respectable farmers, and
tradesmen, will flock to our Halls, and, under our instruction and guidance, qualify themselves
for every station in the Church and State. With such views and principles, we shall proceed in
the even tenor of our way, neither turning to the right nor to the left, but so proceeding as to
preserve "a conscience void of offence towards God and towards man". We shall be kindly
disposed towards all kindred Col'eges and Seats of Learning, who fear God, and maintain
Religious Worships within their walls, — the only rivalship we shall tolerate, will be an earnest
striving for superiority in relii^iou?, moral, and secular knowledge, and provoking one another to
love and good works. . . .
Since the passing of the Act of 1849, by which King's College is considered to be annihilated,
two or three things have occured which deserve notice, because they seem to give some obscure
indications of a gradual return to a better spirit.
First, we have whnt is called the explanatory Act of the last Session [of Parliament of 1850]
which, in truth, gives no explanations at all, but in a few silly and impotent clauses, ludicrously
marshals certain vague intentions, in the teeth of posii ive enactments which it leaves unrepealed, t
We are, nevertheless, willing to receive even this feeble attempt towards what is right, as a
tardy confession of error, while we lament that the Framer should have halted on the threshold of
repentance, and not have proceeded boldly to correct all that had been done wrong. The
correction was easy, and still in time, — if enamoured of an affiliating [University], w^hy not adopt
a Scheme like that of the London [University], with such slight moditications as might accommodate
it to the state of the Colony.
In London, a University has been established by Royal Charter for conferring Degrees, and
for no other purpose whatever. It consists of a Visitor- Chancellor, Vice-Chancellor and Senate,
with a body of Examiners, selected from the most eminent scholars of the different faculties. To
this University all the Collegiate Institutions for education, in the United Kingdom and the
Colonies, corp rate, or unincorporated, are affiliated, or, on application, may be affiliated. This
affiliation entitles such Colleges and Institutions to send up their Students who have passed
through their respective prescribed courses of study to the University, with certificates of
proficiency, and to requtst examinations for a Degree. . . .
If, instead, of the foolish Act of last Session, a Measure had been passed on the model of
the London University, and then sent home to be converted into a Koyal Charter, that its
Degrees might extend through all the Dominions of the Crown, and not be confined to the
Province, as are these conferred by the Toronto University, a substantial good would have been
effected. In such case Queen's College, Victoria College, Knox's College, Regiopolis College,
etcetera, on being affiliated could send up their students with certificates of proficiency, for
Degrees, and, if such proficiency was confirmed by examination, the Degrees, requested would,
as a matter of course, be conferred.
Second A Bill was introduced during the last Session of the Provincial Parliament, by the
Bishop of Toronto's friends, for the purpose of acquiring Corporate powers to receive the dona-
tions given, and to be given for the establishment of the Church University. | Now, although
this measure was not passed, from the lateness of the Session, we are thankful for the general
favour which it met with. . . .
TJiird. We are also grateful to the Senate of Toronto University, for lately permitting the
Evidences of the Christian Religion, to be noticed in the Lectures of the Moral Philosophy.
These things, though, perhaps, in themselv3Sof little moment, are, nevertheless, of great value,
as indications of a gradual return to abetter spirit.
Only one point more remains to be disposed of.
* Bishop Strachan planned a division of his Diocese as early in 18 . His plan has not as jet been fully carried out.
t A copy of this Act is printed on pages 49—52 of this Volume.
I See page 18 of this Volume,
1.
116 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
9
Some of our friends are filled with grief, and others with indignation, on being constantly
taunted by our opponents with the fact, that, if it was wrong to destroy King's College and
establish an infidel Institution in its stead, it wa^ a Churchman that did it, and that he has still
some Members of the Church of England among his abettors. Now, as we cannot deny this
melancholy fact, we must be content to bear the opprobrium, and I, therefore, entreat the faith-
ful children of our Church to do so with patience, and without any feelings of personal resent-
ment. We have only to reflect that such contradictions have happened in the Church of God
from the beginning, — there was ?n Adversary among the Apostles, and St. Paul had his
Alexander the Coppersmith. . . .
Toronto, 10th Demember, 1850. John Toronto
VI. Proceedings of the Provisional Church University Board of Trustees, 1850.
At a Meeting of the Provisional Church University Board held at the Church Society's
House, Toronto, on the 21st of December, 1850, the following financial Statement was made —
There was shown that subscriptions had been made in Upper Canada
in Land of the estimated value of £ 7,562 15 0
In money to the amount of 16,708 2 6
Acres not valued, 3,391, but taking them a the usual estimation of
One pound per acre 3,391 0 0
Then value would be Two Town Lots, not value by the donors, but
assumed to worth 50 0 0
£27,711 17 6
In addition to this Fund, Donations have been made by the friends of
our undertaking in England, to the amount of Ten Thousand
pounds sterling or in Halifax currency to about 12,444 0 0
The Venerable Society for the propagation of the Gospel, has also given
a valuable piece of Land within the City of Toronto. Its value is
estimated at 3,000 0 0
Total £43,155 17 6
Doctor Strachan, at that meeting, reported that : —
'*For all my own personal expenses, from the time of my departure from Canada to my return,
I have cheerfully defrayed from my private means." ...
While I was in England (he also said) I made an application to Earl Grey, Her Majesty's
Secretary of State for the Colonies, for a Charter for the government of the proposed College,
and, being requested to furnish the form, or heads of such a Charter, as I thought desirable, I
framed a Draft, whidi I now lay a copy of before you.
It was prepared by me chiefly from the original Charter of King's College, as granted by the
Crown in 1827, and from the system adopted in regard to Bishop's College, established at
Lennox ville, in Lower Canada, through the exertions oi the present Bishop of Quebec. You will be
glad, I think, to learn that a Site has been procured in Toronto for our University such as seems
co' combine many advantages I have agreed to the purchase of Twenty acres of Land very eligibly
situated.
At a further Meeting of the Church University Board called by order of the Bishop.,
The following Resolution was moved by Mr. E. G. O'Brien, seconded by Mr. Lewis
Moffat, and having been put to the Meetmg by the Secretary was unamimously carried: —
Whereas, the Provision made for sound Religious and General Education, under the care
and guidance of the Church [of England in Canada], of the original Charter, granted by King
George the Fourth, to the late University of King's College, and obtained chiefly through the
exertions of our beloved Diocesan, then Archdeacon of York, has been wholly diverted to mere
secular purposes ; and the character of the University [of King's College] so entirely changed by
unwise legislation, from time to time, as to result in the prohibition, by the Parliamentary
Statute [of 1849] of all Public Worship and Religious Instruction within its walls, it has, therefore,
become imperatively necessary to establish some seat of learning in the Province, in which, on
the basis of Religious Knowledge, and under the sanctifying influences of R-eligious Observances,
the sons of Churchmen, as well as the youth generally of the Province, may attain that instruc-
tion in the various branches of Art and science necessary to qualify them for discharging their
duties in Church and State.
Chap. VI. DOCTOR strachan's church university correspondence. 117
And whereas, . . . the Bishop of Toronto, has again, by his individual exertions, brought
such a School of Learning into that state of maturity as to jiive sure prospect of its being shortly
put into operation, and now requiring the aid of a Provisional Council for its management :
Be it resolved, that the thanks of the Churchmen generally throughout the Province are
justly due to [the Bishop] for these exertions, and that this Board do, thererore, for themselves,
most respectfully tender the same to his Lordship. And be it further,
Resolved, That, before proceeding to the appointment of Members to form part of the Pro-
visional Council, . . . this Board records its sense of the large pecuniary aid which [the Bishop]
has given, by taking upon himself, and defraying out of his private means, not only heavy
preliminary expenses incurred in this Province, but also, and, in addition thereto, those expenses
necessarily attendant on an expensive and lengthened visit to Great Britain, the payment of
which by his Lordship should be considered as a donation to the Institution, in addition to his
other liberal subscriptions made thereto. . . .
6. Summary Sketch of Doctor Strachan as the Founder of Two
Universities in Toronto
The Reverend Doctor Henry Scadding, formerly First Classical IVIaster of
tipper Canada College, in his " First Bishop of Toronto, a Review and a Study,"
thus sketches the career of Doctor Strachan, as the original founder of King's
College in 1827-1842, and his later efforts to establish, a purely Church of England
University in Toronto, under the name of Trinity College, in ] 850. He says : —
In 1850, the great Educational Institution, called into visible being, through the instru-
mentality of Doctor Strachan, underwent the final change ^hich the public policy ot the modern
empire of Great Britain rendered inevitable. King's College was converted into the University
of Toronto, and became an Institution accommodated, in the only practicable way, to the
educational wants of a community like that of Western Canada.
The last semblance of connection b<5tween the provincial University and the Anglican
Church, as such, having been thus removed, Bishop Strachan conceived the bold idea of estab-
lishing a new University, in relation to which there should be no question in the future as to
the supremacy of the Anglican Church within its walls.
" An old man broken with the storms of state " was not to be said of him. He had now
indeed passed considerably beyond the normal three score years and ten ; but his strength of
will and vigour of mind and body were unabated. The blade was metal to the back.
After a stirring appeal to the laity of his own Diocese, responded to by gifts and promises
of money, or Lands, to the amount of Thirty Thousand pounds ($120,000), he embarked for
England, and laid his case before the two great Religious Societies there, — before the Universi-
ties of Oxford and Cambridge, before many of the Bishops and Clergy and those members of
the laity that are wont to interest themselves in matters connected with " Church -Education."
He at the same time made an application, through the Colonial Secretary, Lord Grey, for a
Royal Charter for the proposed Institution.
He left Toronto in April, 1850. He is home again in the following November. The im-
mediate "yield" of the excursion to England was about Sixteen Thousand pounds sterling,
($80,000) ; and "had I been able" the Bishop himself declared, in a speech, shortly after his
return, — " had I been able to remain six or eight months longer in England, to preach and hold
Meetings in the large Towns, I verily believe that I should have realized more than double the
amount received.
On the 17th of March, 1851, the excavations for the foundation of the new Institution began.
On the 30th of April, its corner stone was laid. On the 15th of January, 1852, the Building was
sufficiently completed to be occupied. On that day, the Institution was opened. It bore the
name of Trinity College. A Provost and two Professors, (the Reverend Messieurs George
Whitaker, E. St. John Parry and G. C. Irving,) Members of the English Universities, had ar-
rived to mould and inaugurate a system of instruction. In 1853. a Royal Charter was issued,
incorporating the College, and declaring that it "shall be deemed and taken to be a University ;
and shall have and enjoy all such and the like privileges as are enjoyed by Our Universities of Our
United Kingdom of Great Brirain & Ireland, as far as the same are capable of being had, or
enjoyed, by virtue of these Our Letters Patent."
The Anglican communion in Western Canada was thus, through the persistent energy of
its resolute Bishop, Doctor Strachan, put in possession of an Institution for the training of its
Clergy and for the higher education of its members . . . The Institution was endowed by the
118
DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA.
1850
joint offerings of individuals and corporations in the Mother Country and in Canada. Contri-
butions to the same object flowing in from the sister Church in the United States, at the instance
of (the Reverend William McMurray) a Canadian presbyter, thither despatched, whose advocacy
of the new Collt»ge in that Country, as subsequently in England also, elicited considerable sums
of money for the augmentation of its funds . . . Thus, the results of the life of the first
Anglican Bishop of Toronto are tangible realities . . . "Twins of Learning" witness for
him ; he founded two Universities in succession — 1842, and 1852 — both invested with the
character borne by such. Instituions as originally instituted, by Royal Charter — procured in
both instances by his own personal efforts ...
CHAPTER VII.
REORGANIZATION OF KING'S COLLEGE AS THE UNIVERSITY OF
TORONTO, 1850.
The Provincial Statute of 1849, converting King's College into the Uni-
versity of Toronto, took effect on the first of January, 1 850. Some time elapsed
before the necessary changes in the management of the Institution were effected,
and the official appointments, authorized by that Statute, were made. These
appointments, both in regard to the new University and the Upper Canada
College, included (1), The Senate ; (2), The Caput, or Council, of the University ;
(3), The University Visitation Commission ; (4), The Endowment Board of the
University and Upper Canada College ; (5), The Upper Canada College Council.
I. The First Senate of the University of Toronto, 1850. (Section XVII.)
The Honourable Peter Boyle de Blacquiere ;
The Honourable Christopher Widmer, M.D. ;
The Honourable John Hillyard Cameron,
QC, M.P.P.;
The Honourable Henry Sherwood, Q.C.,
M.P.P.;
The Reverend John MeCaul, LL.D.;
Skeffington Connor, Esquire, LL.D.;
The Reverend James Beaven, D.D ;
The Reverend Robert Murray, M.A. ;
Henry Holmes Crof r, Esquire ;
Larratt W. Smith, Esquire, B.C.L. ;
William C. Gwynne, Ksquire, M.B.;
John King, Esquire, M.D. ;
vVilliam R. Beaumont, Esquire, F.R.C.S.;
George Herrick, Esquire, M.D. ;
William B. Nicol, Esquire, M.D. ;
Lucius O'Brien, Esquire, M.D. ;
John James Hayes, Esquire, M.D. ;
Joseph Curran Morrison, Esquire, M.P.P.
David Buchan, Esquire ;
John Koaf, Junior, Esquire, M.A.
John Cameron, Esquire ;
Oliver Springer, Esquire, B.A. ;
William Proudfoot, Esquire ;
James Hallinan, Esquire ;
John McMurrich, Esquire.
II. The Caput, or Council, of the University, 1850. (Section XIV.)
The Reverend John McCaul, LL.D.;
The Reverend James Beaven, D.D.;
Skeffington Connor, Esquire, LL.D.;
William B. Nicol, Esquire, M D. ;
George Crookshank, Esquire, M.A.
III. The University Visitation Commission, 1850. (Section XLVII.)
The University Act of 1 849, empowered the Government to appoint Commissioners to report
"a code of proper Statutes, Rules and Ordinances for the Government of the University."
The following gentlemen were appointed Commissioners for this purpose : —
The Honourable William Hume Blake, Chancellor of Upper Canada.
The Honourable John Hillyard Cameron, Q.C, M.P.P. ;
John Wilson, Esquire, M.P.P. ; James H. Richardson, Esquire, M.D. ;
David Buchan, Esquire.
Chap. VI r. king's college reorganized as university of Toronto, 1850. 119
The following were the powers conferred, by the Statute of 1849 upon this Commission :
First. — It was to form the first Code of Statutes, Rules and Ordinances for the regulation of
the University.
Second. — It was to regulate the Duties and Salaries of Professors and others employed in
the University.
Third. — It was empowered, at the discretion of its Members, to provide a Rule for the pay-
ment of the losses which Professors may allege that they, (in the language of the Statute),
" have sustained, or may sustain, from expectations not having been realized." Or in other
words, it was to " Provide Pension^," or a bonus, for "the reasonable satisfaction of such Pro-
fessors as may have been disappointed in their expectations, and the assurances held out to
them."
IV. The Endowment Board of the University and of Upper Canada College, 1850.
The following gentlemen constituted this Board : —
The Honourable Francis Hincks, M P.P., Chairman.
John James Hayes, Esquire, M.D., Representing the University.
George Percival Ridout, Esquire, Representing the University.
The Honourable John Hilly ard Cameron, M.P.P., Representing Upper Canada College.
Joseph Curran Morrison, Esquire, M.P.P , Representing Upper Canada College.
Henry Boys, Esquire, M.D., Bursar. Skeffington Connor, Esquire, LL.D., Solicitor.
V. The Upper Canada College, or Royal Grammar School, Council, 1850.
Frederick William Barron, Esquire, M.A., Principal, and President of the Council,
The Honourable John Hilly ard Cameron, Q.C, M.P.P. ;
Joseph Curran Morrison, Ef quire, M.P.P. ;
Thomas Ewart, Esquire;
James Henry Richardson, Esquire, M.D.
VI. Election of Chancellor and other Officers of the University of Toronto.
The Twentieth Section of the University Act of 1849 declared that certain
Graduates and Officers of the University of Toronto should form its Convocation ;
and that Body should at stated times, fixed by the Statute, elect a Chancellor,
Vice Chancellor and Pro-Vice Chancellor. Previous to the Election of those
Officers the following preliminary Correspondence took place :
1. LETTER FROM MR. GEORGE CROOKSHANK TO THE HONOURABLE CHIEF JUSTICE MACAULAY.
There will be on the 23rd instant, as you are aware, a Meeting of the Convocation of the Univer-
sity of Toronto, for the purpose of selecting a Chancellor, Vice-Chancellor, Pro-Vice-Chancellor, and a
Member of the Caput. I have heard several mention your name as being about to be brought for-
ward for the office of Chancellor, and as I have reason to suppose you would accept the office, I take
libert}^ of writing to ask, what would be your determination, as in case of your refusal, it would save
us much delay and some trouble at a future election, if I could speak positively on the subject. I
have, therefore, to request permission to make use of your answer on occasion of your name being
brought forward.
Toronto, 21st March, 1850. George Crookshank, Junior.
•?. chief justice macaulay s reply to the foregoing letter.
You have my permission to state, that I should decline becoming a candidate for, or accepting,
the Office of Chancellor of the University I hope no mention will be made of my name on this occasion.
Toronto, 21st of March, 1850. J. B. Macaulay.
3. election of chief justice macaulay as chancellor of the university.
I have the honour to inform you, that an open meeting of Convocation of the University of Tor-
onto, held at Upper Canada College, on Saturday, the 23rd day of March, instant, you were electea by
that meeting to fill the office of Chancellor of the University.
Toronto 25th March, 1850. Larratt W. Smith, Pro- Vice Chancellor.
120 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
4. EXPLANATORY LETTER TO THE PRO-VICEfcHANCELLOR FROM CHIEF JUSTICE MACAULAY.
I have the honour to acknowledge your Letter of yesterday, apprising me at a Meeting of Convo-
cation, held on Saturday last, I was elected to fill the Office of Chahcellor of the University of Tor-
onto, and in reply beg to return my warmest thanks to the Convocation for the high and unexpected
honour conferred upon me, although I very much regret to add that circumstance prevent my accept-
ance. At the same time I cannot too strongl}' express my deep sense of the flattering compliment and
ra}' grateful obligations to those by whom it was bestowed.
I should here close, did not a letter addressed by me to Mr. (ieorge Crookshank, Junior, (member
of the Caput) at his request, require some explanation.* That Letter was written in reply to a note
from him (whereof a copy is herewith transmitted), and such note was written in consequence of a
personal interview sought by him the previous evening. I took his object to be to invite me to decline
the office, in order to exempt himself and friends from any embarrassment which they might other-
wise experience in the course they wish to take, and 1 readily acceded to his wishes in the hope of
efl^ectually preventing my name being brought forward ; but I most certainly did not contemplate any
unfair advantage being taken of it. From the manner, however, in which my answer was used, I con-
sider myself unhandsomely dealt with, because it was calculated to expose me unjustly to the suspi-
cion of participating in the surprise attempted upon those who kindly made me the object of their
preference, — whereas, I had no idea that anything unbecoming either of us was meditated. I received
no intimation, directly or indirectly, from those who did me the honour to elect me till after it was over.
Touching the ground on which a minority of the Convocation voted against me, I shall be silent.
The primary considerations that induce me to decline the Chancellor's Chair are, — doubts how far
it is expedient that a Judge, while on the Bench, should become an object of popular election by a
Body which, in the nature of things, will partake more or less of a political, or party, character — the
incompatibility in some measure of the two offices — and a consciousness that my judicial duties require
all my time and attention, without being distracted with the weighty and important obligations that
in ni}^ impressions of the office, belong to the Chancellor of the University.
Toronto, 26th March, 1850. J. B. Macaulay.
5. LETTER TO THE SECRETARY OF THE VISITATION COMMISSIONERS.
I have the honour to request that you will inform the Visitation Commissioners that I have this
day received a communication from the Honourable Chief Justice Macaulay, in which he regrets that
circumstances prevent his acceptance of the office of Chancellor of the University of Toronto.
Toronto, 27th March, 1850. Larratt W. Smith, Pro-Vice Chancellor.
6. LETTER FROM THE PRO- VICE CHANCELLOR TO CHIEF JUSTICE MACAULAY.
I have the honour to enclose you an authenticated list of the Votes taken in your Election for the
Office of Chancellor of this University, which I have received from Reverend Doctor Beaven, Senior
Proctor, Yeas 12; Nays 11.
Toronto, 27th March, 1850. Larratt W. Smith, Pro- Vice Chancellor.
7. LETTER FROM CHIEF JUSTICE MACAULAY TO THE PRO- VICE CHANCELLOR.
After closing ray letter to you of the 26th, I was favored with yours of the 27th March, last, and
a list of the yesLS and nays, for which I have to thank you.
I did not think it nece^ary to mention it, but, of course, it is my desire that my letter should be
forthwith laid before all the Professors, and when opportunity offers, before the Convocation. Will
you be good enough to acknowledge it receipt.
Toronto, 2nd April, 1850. J. B. Macaulay.
8. PRO-VICE CHANCELLOR'S REPLY TO THE FOREGOING LETTER.
I have the honour to acknowledge the receipt of your note of to-day's date. In compliance there-
with, I beg to acknowledge the receipt of j'our Communication of the 20th ultimo, to Mr. George
Crookshanlc Junior, in which you regret that circumstances prevent your acceptance of the office of
Chancellor of this University, covering copies of Correspondence between yourself and Mr. George
Crookshank.
On the 27th ultimo, I briefly communicated to the Members of the Visitation Committee, through
their Secretary, the fact of your having declined the office of Chancellor, intending to lay before the
first Meeting of our Convocation your Letter and Enclosures on the subject. I fear that it will be a
difficult matter to lay your Letter before the Professors, unless I have copies made for them, as I am
not aware that they are ever assembled together, unless in the Senate, or as Members of Convocation.
If you consider that it will be sufficient to lay it before them in Convocation I will reserve it for that
occasion, affording them, meanwhile, every opportunity of perusing it at my Office, or at the University
Office. Should you, however, desire copies to be furnished them at once, upon your intimating to me
such desire, your wishes shall be carried into effect.
Toronto, 2nd April, 1850. Larratt W. Smith, Pro- Vice Chancellor.
* Printed on pajje 119.
Chap. VII. king's college reorganized as university of Toronto, 1850. 121
9. REPLY OF CHIEF JUSTICE MACAULAY TO THE FOREGOING LETTER.
In repl}^ to your letter of the 2nd instant, I beg to say that you opened the correspondence with
me, as organ of the University, and I certainly supposed that all the Letters that have passed between
us, respecting my election as Chancellor, were deposited bj' j'ou in the Office of the University, where
the Professors could of course have ready access to them, and it is my express desire that the whole
should be forthwith placed in that Office, if not there alreadj'.
I will thank you to direct copies thereof to be furnished Doctor Skeffington Connor, who did me
the honour to propose me to the Convocation, and to whom I wish my explanations to be communicated.
ToKONTO, 4th May, 1850. J. B. Macaulay.
10. REPLY TO THE FOLLOWING LETTER BY THE PRO-VICE-CHANCELLOR
I reply to your note of this day's date, I beg to acquaint you that I have retained your
Communications in my possession, not from any wish to prevent their having that publicity which
you seem to desire, but solely because I could not satisfy myself with whom they should be deposited,
and because I considered that it rested properly with myself to lay them before that Body on whose
behalf I opened the Correspondence with you. . .
I take leave to remind you that the majority of the Convocation is composed of Doctors, Masters
and Graduates in Law and Medicine, who are not Professors, and hence it suggested itself to me,
that their views and feelings required to be consulted as well as that of the Professors. These
circumstances induced me to consider the more formal mode of laying the Correspondence before the
Members assembled in Convocation as the least objectionable, especially as any partial method of
communicating it, might involve me in the same misunderstanding which appears to have arisen in
Mr. Crookshank's case.
As a meeting of Convocation has been called for Monday next, when I can formally present the
Correspondence, you will perhaps prefer that mode of communication with the Body, which appears
to be most regular. . .
I cannot conceive, for reasons before given, that it would be proper for me to direct copies to be
prepared for any individual, as I must contend that all the Members, whether Professors, or not, are
entitled to consideration in such matters. I beg further to acquaint you that I have in no instance
declined showing your Letters to any Members of Convocation who have asked to read, or copy, them.
Toronto, 4th April, 1850. Larratt W. Smith, Pro-Vice-Chancellor.
IL A CONVOCATION CASE SUBMITTED TO THE LAW OFFICERS OF THE CROWN
I have the honour, under direction of the House of Convocation of this University, to request,
that you will lay the following case before the Law Officers of the Crown, and procure their opinion
thereupon. . . .
Extract from the Resolution passed. " A statutable meeting of Convocation has been held this
day, which has been adjourned to Thursdaj^ next, for the transaction of ordinary business. The
opinion of the Law Officers of the Crown is requested, as to the point, whether Convocation can make
a subsequent adjourned meeting an open meeting, and then and there proceed, after due notice given,
to the election of a Chancellor ; and, if not then, in what matter can a meeting be obtained for the
election of a Chancellor?"
Toronto, 8th April, 1850. Larratt W. Smith, Pro-Vice-Chancellor.
12. OPINION OF THE LAW OFFICER OF THE CROWN ON THE CASE SUBMITTED
We have considered the questions proposed in your letter of the 8th instant, and are of opinion.
1st. That a Meeting of Convocation of the University of Toronto, having been assembled
regularly on the first day of a term pursuant to the First Section of Second Title of the Regulations
of Convocation submitted to us, as those in force at the time of the coming into operation of the Act
of 1849, 12 Victoria, Chapter 82, other Meetings of such Convocation may be held by adjournment, or
otherwise, as prescribed by the Second Section of the Fifth Title of the Regulations.
2nd. That any of such adjourned Meetings may be made open meetings within the Fifth Section
of the Act of Parliament of 1849.
3rd. That any of such adjourned Meetings, ( any necessary prelimary, as of notice having been
given ), the Convocation may proceed to elect a Chancellor, according to the provisions of the Act of
Parliament.
Toronto, 9th April, 1850. Robert Baldwin,
J. S. Macdonald.
13. THE PRO-VICE-CHANCELLOR TO THE HONOURABLE P. B. DE BLAQUIERE.
I have the honour to inform you that at an open Meeting of Convocation of the University of
Toronto, held on the 1st instant you were elected by a vote of 19 to 1 at that Meeting to fill the
office of Chancellor of the University.
Toronto, 2nd of May, 1850. Larratt W. Smith, Pro. Vice-Chancellor.
122 DOCUMKNTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
§
14. REPLY TO THE FOREGOING LETTER BY THE HONOURABLE P. B. DE BLAQUIERE.
On mv arrival in Toronto, where I have fixed my residence for the express purpose of affording to
ray son the inestimable advantage of academical education, I receive the honour of your Letter of the
2nd instant, addressed to Kingston, and comminiicating the unlocked for intelligence that the Convo-
cation of the University of Toronto had elected me to the high and distinguished office of Chancellor.
I am deeply sensible of this most flattering testimonial, and receive it with feelings of grateful
acknowledgement ; but had 1 been previously aware of the intended nomination, I must have shrunk
from presuming to suppose that I possessed those acquirements, either of abilities, or education, which
the University'has a right to expect in the individual who aspires to this eminent situation ; and most
assuredly I would not have ventured to obtrude myself upon the notice of the Convocation.
The circumstances under which the election has been made are of a nature so truly gratifying,
that no alternative is left to me except to state, that if the Convocation continues to think I can in
any way promote the interests of the University of Toronto, and, in so doing, add to the welfare of
my adopted country, ray faithful and devoted services are at its command.
YoRKViLLE, 4th May, 1850. Peter Boyle deblaquiere.
CHAPTER Vlll.
PROCEEDINGS OF THE SENATE OF THE TORONTO UNIVERSITY, 1850.
May 25th, 1850.— The first Meeting of the newly constituted Senate of the University of
Toronto' met this day. An objection having been made to the presence and the vote at the
Meeting of the Pro-Vice-Chancellor, Larratt W. Smith, B.C.L., considerable discussion arose
thereon, and the matter was ultimately referred to the Honourable Peter B. de Blaquiere,
Chancellor, for his decision, who decided on receiving the Pro-Vice-Chancellor's vote. The fol-
lowing dissent to this decision was permitted to be entered on the Minutes : —
The undersigned Gentlemen, Members of the Senate of the University of Toronto, hereby dissent
from the vote of the Pro-Vice-Chancellor in the election of a Vice-Chancellor, on the ground, that the
Pro- Vice-Chancellor is not, in our opinion, a Meraber of the Senate, — Skeffington Connor, Wm. C,
Gwynne, Christopher Widmer, M.D., W. R. Beaumont, M.D., Henry H. Croft, W. B. Nicol, M.D.,
John Roaf, Junior.
The Chancellor stated that, in pursuance of the Visitatorial Statute, Number Two, he had
convened the Senate for the purpose of electing a Vice-Chancellor, and a Member of the Endow-
ment Board. '■= Whereupon the Honourable J. Hillyard Cameron proposed Doctor Herrick as a
fit person to fill the office of Vice-Chancellor, which proposition was seconded by Professor
O'Brien ; Mr. David Buchan, seconded by Professor Skeffington Connor, proposed Professor
Croft for the same oflfice. The votes being taken for Doctor j&eriick, his election was lost by a
majority of two. The votes were then taken for Professor Croft. There being thirteen in his
favour, the Chancellor declared him to be duly elected, upon which Professor Croft, at the
request of the Chancellor, took his seat accordingly at the Senate as Vice-Chancellor, and Pro-
Vice-Chancellor Larratt W. Smith then withdrew. Professor Herrick, seconded by Mr. John
Roaf, junior, proposed Doctor James John Hayes as Member of the Endowment Board, atjd
Professor Skeffington Connor, seconded by Professor Wm. R. Beaumont, proposed Doctor
Wm. C. Gwynne for that office. The votes were then taken for Doctor Hayes, ana there being
12 in his favour and 11 against, the Chancellor declared him to be duly elected.
The Honourable J. Hillyard Cameron proposed that the Chancellor should nominate three
of the Members to form a Committee for the purpose of framing Rules for the guidance of the
Senate in its proceedings, which being assented to by the Senate, the Chancellor named for that^
purpose the following Members : — Vice-Chancellor Croft, President McCaul and Doctor Hayes.
The payments to the Commissioners of Inquiry into the affairs of Kings College, t for re-
muneration appearing to the Senate to have been irregularly made and excessive, the President
was requested to direct the Bursar to withhold any issue of money to the Commissioners of In-
quiry ; and the proper Offi' er was requested to communicate, in the meantime, with the Commis-
sioners of Inquiry, and to ascertain from them, if any, and what, progress had been made in their
Inquiry.
* This Endowment Board of three Members, (of which the Honourable Francis Hincks, Inspector General, was ap-
pointed Chairman by the Government,) was constituted by the Baldwin University Act of 1849 for the purpose of taking
" charge, superintendence and manasrement, of the whole property and effects, real and personal, of the University of
Toronto, and of the Upper Canada College."
t Appointed by the Council of King's College in July, 1848. See pages 236, 237 of Seventh Volume of this Documentary
History.
Chap Vlir. PROCEEDINGS OF THE SENATE OF THE TORONTO UNIVERSITY, 1850. 123
Jjine Idy 1850. — The President read the Report of the Committee appointed to prepare
General Rules and Regulations. Whereupon it was moved by Professor James Beaven, seconded
by Doctoj:" Christopher Widmer, that the Report now read be received, which being agreed to,
the Heport was then submitted from the Chair clause by clause ; four of which were adopted.
Jnne 6th, 1850. — The members present not being sufficient to constitute a quorum, no busi-
ness was transacted.
June llth^ 1850. — The Senate resumed the consideration of the remaining clauses of the
General Rules and Regulations and passed them as a whole.
The President gave notice of his intention of introducing at the next Meeting of the Senate,
the Draft of the Statute relative to the Meetings of the Caput.*
June 15th, 1850. — The Members present not being sufficient to constitute a quorum, no
business was transacted.
Jime20th, 1850. — The Chancellor, the Vice -Chancellor, and the Pro-Yice-Chancellor not
being present, the President drew the attention of the Members present to the Seventeenth
Section of the University Act, of 1849. The fact that the Pro- Vice-Chancellor had never been
notified to attend, since the first Meeting of the Senate, was also brought under their notice, and
a discussion having arisen as to the right of the President to take the Chair, and the legality of
the Meeting, it was agreed not to proceed to business.
June 25th, 1850. — The Senate approved of the Minutes made at the Meeting called for the
20th instant, and inserted on the Minute paper, after the entry, that a Communication had been
received from the Chancellor, stating his inability to attend on that occasion.
Proposed by Professor Wm. C. Gwynne, seconded by Mr. John Roaf, Junior and —
Resolved, That the Committee on Rules be requested to draft a Statute embodying the Rules,
as amended, to be presented to the Senate at their next meeting. {Carried.)
Moved by Professor James Beaven, seconded by Professor W. C. Gwynne, that the Com-
mittee on Rules and Regulations be requested to draw up a Statute for carrying into efi'ect their
suggestion, relative to the creating of the office of Secretary, and defining his duties. {Carried.)
The Senate then took up the subject of the Commission of Inquiry into the afiairs of King's
College. The Bursar read a Letter, dnted the 12th instant, addressed to him by the Chairman
of that Commission, relative to the payment of their current expenses, and Vice-Chancellor
Croft read a Letter from the Secretary of the Committee of Visitation, dated the 29th ultimo,
and one from Doctor Joseph Workman, a Member of the Commission of Inquiry into the afiairs
of King's College, dated the 31st ultimo, both addressed to him, and relating to the progress
made by the Commission.
Whereupon it was moved by Mr. John Roaf, Junior, seconded by Mr. David Buchan, that
all the Documents relative to the Commission of Inquiry be referred to a Committee, with a re-
quest to submit to the next Meeting such a Statute as they may think will make the best pro-
vision respectingr that Commission of Inquiry, and f^at such Committee consist of the Honour-
able J. Hillyard Cameron and Messieurs Joseph C. Morrison and John McMurrich. {Carried.)
Moved by Professor Wm. R. Beaumont, seconded by the Honourable Doctor Christopher
Widmer, thit the Bursar do lay before the next Meeting of the Senate on account of the several
sums paid to the Commission of Inquiry into theafiuirs of the King's College, with the dates,
the authorities and orders, under which those payments have been made. {Carried.)
Doctor McCaul, the President, submitted a Draft of a Statute relative to the Caput, or
Council, of the University. Ordered to lie on the Table.
The Honourable Doctor Christopher Widmer submitted a Draft of a Statute relative to the
Chair of Practical Anatomy and the Curatorship of the Museum. Ordered to lie on the Table.
June 29th, 1850. — The members present not being sufficient to constitute a quorum,
no business was transacted.
July Srd, 1850. — The adoption of the Statute embodying the General Rules and Regula-
tions for the proceedings of the Senate, and the Statute, being read clause by clause, two
amendments were made to them.
The adoption of the Statute relative to the Caput was then proposed and its several clauses
were read and passed, except clause Number Six, which was amended, and all that part of the clause
was struck out which follows the words " that the Caput shall proceed to exercise such func-
tions as it possesses under authority of the Act." {Carried.)
Whereupon the Honourable J. Hillyard Cameron, seconded by Mr. David Buchan, moved,
that the Statute do now pass, but that it be referred to the next Meeting of the Senate, and
that then it be further enacted, that at the first regular Meeting of the Caput under this
Statute, the Members of the said Caput shall at once proceed to an election of the Member of
* The Caput was a Council of five Members of the Senate, in which, by the Baldwin University Act of 1849, was vested
" the ordinary general Discipline and Government of the University, in subordination to the Senate."
124
DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA.
1850
the Endowment Board of the University of Toronto and Upper Canada College and Royal
Grammar School, to be appointed by the said Caput, and that such election shall be made by a
majority of the Members of the said Caput. (Carried.)
July 6th 1850. —The Statute relative to the General Bules and Regulations for the proceed-
ings of the Senate, was passed and adopted.
The Statute relative to the Caput was also passed and adopted.
The consideration of the Draft of a Statute relative to the Commission of Inquiry into the
financial affairs of the University was entered npon, and a Report from the Commission, dated
the 3rd instant, addressed to the Bursar, being read, the clauses of the Statute were severally
put and passed. The Statute was then ordered to lie on the Table for adoption at the next
Meeting.
The statement of the sums paid to the Commission of Inquiry from the funds of the
University, called for at the Meeting held on the 25th ultimo, was laid on the Table.
The Draft of a Statute relative to the Chair of Practical Anatomy and the Curatorship of
the Museum, was then considered and was passed and adopted.
The Draft of the Statute relative to the oflfice of Proctor, was then considered, and the
clauses were severally put and passed and adopted.
Jidy ISth^ 1850. — The Members present were not sufficient to constitute a quorum.
July 17th, 1850. — The Members present were not sufficient to constitute a quorum.
July 20thy 1850. — The Members present were not sufficient to constitute a quorum.
July S4th, 1850. — The Members present were not sufficient to constitute a quorum.
Jidy 27th, 1850. — The Members present were not sufficient to constitute a quorum.
August 3rd, 1850. — Read a Letter dated the 2nd instant, from Mr. Robert E. Burns Chair-
man of the Commission of Inquiry into the affairs of King's College, representing the inconve-
nience experienced by the Commission, from the circumstance of the Senate not having made
provision for the current expenses of the Commissioners' Office.
Mr. Joseph C. Morrison, seconded by Mr. John Cameron, moved. That the General
Rules of the Senate be printed for the use of the Members. {Carried.) <
The Chairman of the Caput reported that Mr. G. P. Ridout had been appointed to . repre-
sent that Body on the Endowment Board.
Professor William C. Beaumont's notice of a motion to place on the Minutes the return of
sums issued to the Commission of Inquiry and the authority under which they were issued,
was taken into consideration, and the same was agreed to, as follows : —
Date of Payments.
1848.
September 2nd
September 30th . . .
October 10th
October 31st
November Ist
November 1st
November 24th , . .
December 2nd
December 22nd
1849.
January 12th
January 16th. . . . .
January 3 Ist
Februarj' 7th
February 28th
March 17th
March 17th
March 21st
March 31st
March 31st
April 5th , .
April 30th
May 21st
May 30th
June 19th
June 30th
Amounts Paid.
£
s. d.
5
0 0
18
0 0
25
0 0
7 3
2 10 0 II
20
0 0
4 6
25
0 0
30
0 0
82
0 0
8 9
44
17 6
10
0 0
47
0 0
11
14 3
5
0 0
5
0 0
66
16 4
1
16 3
5
0 0
50
0 0
5
0 0
51
7 6
5
0 0
58
17 6
Date of paj'nients.
1849.
July 31st
August 8th
August 21st
September 15th . . .
September 29th. . . .
September 29th . . .
October 10th
October 23rd
October 31st
November 11th. , . .
November 22nd . . .
November 30th . . .
December 31st
1850.
January 15th
January 21st
February 1st
February 8th .....
March Ist
March 12th
March 23rd
March 30th
April 9th
April 30th
Mav 27th . ,
Amounts Paid.
65
5
71
5
71
5
89
5
60
100
13
53
62
5
2
0
55
55
0
75
77
0
85
0
s. d.
0 0
0 0
0 0
0 0
1 6
17 6
0 0
0 0
5 0
£1,538 10 4
Chap VIII. PROCEEDINGS OF THE SENATE OF THE TORONTO UNIVERSITY, 1850. 125
The payments on the 30th June, 1849, were made on the authority of President McCaul, the
remainder were made on the authority of a Memorandum from the Commissioners, dated the
31st July, I84y, a copy of which was given with this statement, as follows : —
Memorandum — In view of the trouble hitherto imposed upon the President of the Uni-
versity for occasional calls upon him for Letters of Credit on the part of this Commission,
and considering that the spirit of the University Statute, under which the Commission sits,
justifies a belief that such Letters are unnecessary, the Secretary will in future draw for the
monthly contingent, without reference to them, subject to approval of the Commission, or the
visiting Commissioner.
Toronto, July 31st, 1850. Joseph Workman, Pro-Chairman, King's College Inquiry.
Moved by Professor John King, seconded by Professor George Herrick, That the President,
Pri)fessor Skeffington Connor, Mr. J C Morrison, and Doctor J. J. Hayes, be a Committee
from the Senate to procure such information in regard to the Commission of Inquiry, as may be
necessary, with a view to ascertain the state to which their labours have already advanced, and
for the purpose of affording such other information to the Senate as they may require, with
respect to the said Commission of Inquiry. {Carried.)
Moved by Mr. J. C Morrison, seconded by the President, that the Bursar be authorized to
advance upon the orders of th3 Commissioners of Inquiry, sanctioned by the Chancellor, the
amounts due for the expenses on Clerks, Stationery, etcetera, to the present time, and that the
Resolution of the Senate, prohibiting further advances, dated 25th May last, be rescinded.
{Carried.)
August lOth^ 1850. — This was the first Meeting held under the amended University Act of
1850, constituting nine Members a quorum of the Senate.
Professor John King, seconded by Professor Skeffington Connor, moved, that the said
proposed Statute on summoning and holding Convocation be referred to a Select Committee, to
consist of the President, Professors James Beaven, Skeffington Connor and W. B. Nichol,
the Honourable Henry Sherwood, and the mover, with power to report thereon. {Carried.)
Pursuant to notice given at the last Meeting, the Dean of the Faculty of Medicine, intro-
duced a Statute relative to the erection of a Building on the University Grounds, for the use of
the Medical Faculty, and placed on the Table rough plans and an estimate of the expense of
the said Buildings.
Moved by Professor L O'Brien, seconded by Professor W. B Beaumont, that the Statute
just read be referred to a select Committee, and that the said Committee be authorized to obtain
such plans and estimates as may be necessary ; and that the said Committee c msist of the
members of the Senate belonging to the Faculty of Medicine, with Doctor Hayes, Doctor
Widmer, and the President. {Carried.)
Mr. John Roaf junior, moved, seconded by Mr. James Halliman,for a return of the salaries
and allowances to Professors and Officers, since the year 1842 to the present time, and the
authority by which those allowances aie made, and an account of the fees paid by students and
how disposed of. {Carried.)
August loth, 1850 — Read a letter from the Provincial Secretary, dated the 10th instant,
communicating that His Excellency, the Governor- General, has been pleased to appoint the
Honourable Francis Hincks, M.P.P. as a Member of the Endowment Board of the University
of Toronto, and Chairman of that Board under the provisions of the Twenty First Section of
the University Act of 1849, 12 Victoria, Chapter 82.
The Statute introduced by Professor John King for extending the time for receiving
testimonials of candidates for the Chairs of Practical Anatomy, etcetera, was fully considered
and passed and adopted.
August 17th, 1850. — Read a Memorial from Mr. Thomas Young, dated the 5th instant,
praying to be appointed to the office of Architect to the University.
The Draft of Statute relative to the Endowment Board was taken into consideration, when
the President moved, seconded by Professor W. B. Nicol, that the Draft of Statute relative to
the Endowment Board, be referred to a Committee consisting of the Vice- Chancellor, the
President, the Deans of Faculties and Professor W. C. Gwynne, with power to send for persons
and papers. {Carried.)
The President submitted a design for a Corporate Seal, whereupon it was moved by the
Honourable J. Hillyard Cameron, seconded by Professor L. O'Brien, that the Chancellor, Vice-
Chancellor, and President, be authorized to decide on a Seal for the Corporation, and to give
the necessary directions for its execution. {Carried. )
The Draft of Statute relative to the Secretaryship to the Senate was taken into consider-
ation, when the Honourable J. Hillyard Cameron moved, seconded by Professor George Her-
126 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
- -
rick, that the Secretary shall be paid the sum of One pound per diem for each day's attendance
at the actual meetings of the Senate. (Carried.) The whole Statute was then amended and
The Dean of the Faculty of Medicine introduced a Draft of Statute relative to the mode of
granting Degrees in Medicine in this University, and the Statute being read, it was moved th-^t
it be referred for report to a Committee to consist of the Faculty of Medicine, and Doctors
Widmer and Hayes. (Carried.)
Augiist 21st, 1850. — The Vice- Chancellor, as Chairman of the Committee on the Draft of
Statute relative to the Endowment Boar J, submitted the report of that Committee, suggesting
certain amendments thereto, which Report was read and considered. It was then moved, that
fifty copies of the said Statute, as reported from the Select Committee, and the accompanying sug-
gestions, be printed for the use of Members. (Carried.)
August 27th, 1850. — The Chancellor laid beforo the Senate an order of the Endowment
Board, signed by the Honourable J. HillyaM Cameron, as Chairman, issued to the Bursar,
directing' that Officer to place to the credit of Upper Canada College certain sums of money now
standing in the Bank to the credit of King's College. After considerable discussion, the Presi-
dent moved, seconded by Professor W. B. Nicol, that the order of the Endowment Board, and
the papers connected therewith, be referred to a Committee consisting of the President, Pro-
fessor W. C. G Wynne, and Doctor J. J. Hayes, with power to draw up a case detailing paiticu-
lars and to take legal opinions relative thereto. (Carried.)
Professor W. B. Nicol, as Chairman of the Committee for obtaining plans and estimates of
a Building for the Medical School, presented the Report of that Committee, and having read
the same, moved, seconded by Professor W. R. Beaumont, that it be received. (Carried^
The President moved, seconded by Professor George Herrick, that the Report of the Com-
mittee on the Medical Building be referred to a Committee consisting of the Vice-Chancellor,
the President, the Dean of the Faculty of Medicine, Doctor J. J. Hayes and Professor George
Herrick, with the object of their recommending the Site of the Building, and also of enquiring
whether the accommodation provided in the selected plan, can be conveniently furnished in a
Building so constructed as to form the Western Wing of the University Buildings. (Carried.)
Professor W. B. Nicol, as Chairman of the Committee on the Draft of an amended Statute,
relative to the Degrees in Medicine, presented the Report of that Committee, and having read
the same, moved, seconded by the Honourable Doctor Widmer, that it be received. {Carried.)
Moved by the President, seconded by Professor W. B. Nicol, that the sum of money,
amounting to Nine Thousand Eight Hundred pounds, (£9,800.) which it appears from the Ler.
ter of the Cashier of the Bank of Upper Canada, laid before the Senate is to be paid on the 3 1st
instant, be received by the Bank, and placed to the credit of the Investment Fund of the
University of Toronto, and that the interest thereon be received by the same and placed to the
credit of the Income Fund. (Carried.)
August 31st 2550.— Read a letter from Mr. Principal F. W. Barron, of Upper Canada Col-
lege, dated the 28th instant, stating that the Boarding House Building will be required forth-
with for the use of Upper Canada College, and that the Council of that Institution w411 expect
rent for the same from the 1st of January last.
Moved by Professor John King, seconded by Mr. J. Hallinan, that the Letter of the Prin-
cipal of Upper Canada College, with regard to the present occupation of part of the Boarding
House of said College by the Medical School, be referred to a Special Committee to consist of
the Vice-Chancellor, the President and Professor W. B. Gwynne. (Carried.)
The Vice-Chancellor, as Chairman of the Medical Building Committee, read the Report of
that Committee, and moved, seconded by Professor L. O'Brien, that the Report on the Building
for the Medical Faculty, which has just been read, be received. (Carried.)
The Chancellor drew the attention of the Senate to an order made by the Board of Endow-,
ment, at variance with that issued by the Senate at their last Meeting. After much discussion,
the Honourable J. Hillyard Cameron moved, seconded by Mr. J. C. Morrison, that the Resolu-
tion of the Senate passed at the last Meeting, on the subject of the monies to be received from
the Government for Debentures, be rescinded ; and that the Letter of the Cashier of the Bank
of Upper Canada, in reference thereto, be referred to the Endowment Board. (Carried.)
The whole Statute relating to a Building for the Medical I)epartment, as amended, was then
passed and adopted.
Professor John King moved, seconded by Professor George Herrick, that it be
Resolved, that a Committee be appointed to consist of the Honourable Doctor Widmer, the
Honourable Henry Sherwood, the Honourable J. Hillyard Cameron, the President and Professor
W. C. Gwynne, to enquiie the iiumber and value of certain lots of Land, once the property of
this University, obtained by, or in the possession of, certain persons lately in the employment of
Chap. VIII. PROCEEDINGS OF THE SENATE OF THE TORONTO UNIVERSITY, 1850. 127
this University, the circumstances under which such property was obtained ; whether said pro-
perty has been obtained contrary to any rules of the said Council ; and that such Committee be
authorized to send fer papers, or for any of the Officers of the University, with a view to report
the necessary information to this Senate. (Carried.)
September 7th^ 1850. — The President of the University, as President of the Caput, sub-
mitted a Report from that Body, relative to the Candidates for the Chair of Practical Anatomy.
The Vice-Chairman submitted the following Keport from the Committee on the Communi-
cation from the Council of Upper Canada College, dated the 28th ultimo : —
The Committee to whom the communication from the Council of Upper Canada College, of the
28th ultimo, was referred, beg to report that they cannot discover any legal claim for the payment of
rent for the use of the Upper Canada College Boarding House since January 1st, 1850, as no arrange-
ment for leasing the building has ever been made, and the authorities of the College seem to have
regarded the occupation of the Building as a matter rather of favour than of right. They would not,
however, recommend that the Senate should decline entertaining the claim, as they are persuaded
that the College Council would not have advanced it unless circumstances had rendered it important,
or necessary, to make the demand.
They recommend that the property belonging to the University, including the articles purchased
by the University from the Reverend Walter Stennett be removed with the least possible delay.
Toronto, 7th September, 1850. Henry H. Croft, Vice-Chancellor.
The Honourable J. Hillyard Cameron, introduced and read a Draft of the Statute relative
to the payment of the Clerks and Servants of the Commission of Inquiry into the affairs of King's
College. The Honourable J. Hillyard Cameron also introduced and read the Draft of a Statute
relative to the investment of the Funds of the University.
September l^th, 1850. Vice-Chancellor Croft submitted the following supplementary Report
from the Committee on the Letter of Mr. Principal Barron : —
In compliance with Minute Number Nine of the last Meeting of the Senate, the Committee
annex to their Report a Statement of the facts, as lar as they have been able to ascertain them : —
On October the 29th, 1849, the President of King's College laid before the Council a Communi-
cation from the Honourable Malcolm Cameron, Commissioner of Public Works, relative to the
surrender to the Government by the University of the Parliament Buildings. A necessity thus arose
for providing other accomodation for the different departments of the University.
The Principal of Upper Canada College offered the College Boarding House for the use of the
Faculty of Mtdicine, and subsequently provided apartments in the same Building for the Commissioners
of Inquiry into the affairs of King's College. The entries on the Minutes relating to these particulars
are as follows : —
On the 3rd of November, 1849, it was Moved by Professor W. C. Gwynne, Seconded by
Professor W. R. Beaumont that the thanks of this Council be given to the Principal of Upper Canada
College for the handsome manner in which he has placed the Boarding House at the disposal of the
Council for the use of the University in the present emergency. On November the 28th, it was
ordered that the Bursar be directed to inform the Chairman of the Commission of Inquiry that
temporary accommodation will be provided for them in the Upper Canada College Boarding House. . .
(Note. The Report goes into further detail, which it is not necessary to repeat here)
The action of the College Council on these occasions seems to prove that they did not consider the
University as tenants in that Building and the control assumed by the Principal . . . appears to
justify the opinion, that he also regarded the occupation as one not of right, but of favour.
The Vice-Chancellor moved, seconded by the President, that the Supplementary Report,
now read, be received. ( Carried )
The President submitted a Report upon the Committee on the Draft of the Statute relative
to Degrees in Medicine, — and moved, seconded by the Vice-Chancellor, that the report now read
be received. ( Carried )
The Honourable J. Hillyard Cameron moved, seconded by Mr. Joseph C. Morrison that the
Statute relative to the payment of the Clerks of the Commission of Inquiry be now considered
and adopted. ( Carried )
September Slst 1850 — The President presented a further Report from the Committee on the
Statute relative to the Endowment Board, accompanied with legal opinions of Messieurs
Gwynne, Hagarty, Mowat and Doctor Connor, which being read the President Moved, Seconded
by Doctor L. O'Brien, that the Report of the Committee be received. ( Carried.)
Professor W. C. Gwynne, Chairman submitted the following first Report from the
Committee on Lands, supposed to have been improperly obtained from the Endowment : —
The Committee to whom was referred the investigation on certain Lands supposed to have been
improperly obtained from the Endowment of the University, beg leave to make a first Report : —
As soon as the Committee was organized they requested the Bursar to lay before them certain
information and Documents, relating to the matters referred to tliem, which he did. Among the
128 DOCUMKNTARY HISTORY OF EDUCATION IN UPPER CANADA. J 850
Documents so laid before your Committee is a Report, ( to which an appendix is attached,) of a select
Committee appointed by the Council of the King's College in 1848, to which was referred many of the
cases which necessarily' came under the consideration of your Committee the evidence taken before
the Committee in 1848 seems to have been collected with much care, and the Report made by that
Committee contains a great deal of information which will assist your Committee in their investigation,
to facilitate, therefore, their enquiries, they beg leave to recommend to the Senate that the said
Report and Appendix be printed for their iise, as well as for the use of other Members of the Senate.*
Professor W. C. Gwynue, moved, seconded by the President that the Report just read be
received {Carried.)
The following Statute relative to the Board of Endowment, as printed and circulated, was
taken into consideration as follows : —
Statute : For the General Cifarge, Superintendence and Management, of the Property
AND Effects, Real and Personal, of the University of Toronto, by the Endowment Board
of the Said University and Upper Canada College and Royal Grammar School :
Be it enacted by the Senate of the said University, as follows : —
1. The Bursar and Clerks of the said University shall be under the coLtrol of the Endow-
ment Board, who shall from time to time make such Rules and Regulations respecting the Office
of the said Bursar, and the General Management thereof, and the duties of the said Clerks, as
such Board may deem necessary :
Provided always, that such Board shall not employ any greater number of Cleiks, for the
business of the said University, than the number now employed, for any period exceeding one
month, without a special reference of the circumstances attending such employment to the
Senate, and the sanction of the Senate therefor.
2. The Board of Endowment may appoint a Secretary, at a salary not exceeding
j)er annum.
3. The Board of Endowment shall prepare a Monthly Statement of all transactions con-
nected with the said University, which ir shall be the duty of the said Board to lay before the
Senate, at the first General Meeting in each Month ; which Statement shall shew all monies
received for principal and interest, rents, etcetera, distinguishing the amount of each, all Sales,
Leases and Investments, made during the preceding month, and also all disbursements.
4. The Board of Endowment shall decide upon all applications for lease, purchase, sale, or
investment, and shall make such terms and arrangements thereon as they shall think tit :
Provided always, that no monies arising from sales shall be invested without the authority
of the Senate first had and obtained therefor.
5. The University Members of the said Board of Endowment shall each be paid the sum of
per diem, from the funds of the University, for each day's actual attendance at the Meet-
ings of the Board : which attendance shall be certified under the hand of such Member, and of
the Chairman, or Secretary, of the said Boarcl, once in every month, to the Bursar of the Uni-
versity, and upon such Certificate the Bursar is hereby authorized to pay to such Member the
said sum of per diem., as aforesaid.
6. The Board of Endowment shall meet regularly, on Monday and Thursday in each week,
at such time and place as the Board shall determine ; and at such other times as the Chairman,
or the Board, by Resolution to be therefor passed, shall deem requisite.
7. The University Members of the Board shall give security, to the satisfaction of the
Senate, for the performance of their duties as Members of such Board, in the sum of each
and two Sureties in the sum of each or one Surety in the sum of
The Committee appointed to consider the foregoing Draft of a Statute regarding the Endow-
ment B"ard, beg leave to report the following Draft, in which they have embodied the amend-
ments which they would recommend.
They also submit certain other suggestion? relative thereto, which seem to them to be of
considerable importance.
Revised Statute : — For the General CJiorqe^ Superintendence and Management of the
Property and Effects, Real and Personal, of the tlniversity of Toronto, by the Endowment Board
of the said University, and Upper Canada College and Royal Grammar iSchool : —
Be it enacted by the Senate of the said University as follows : —
1. That the Bursar shall act as Secretary to the Endowment Board, and, in that capacity,
shall, in common with the two Clerks in his Office, (if the services of both should be required),
be under the control of the Endowment Board, who shall be authorized to make, from time to
time, such Rules and Regulations respecting the Office of the said Bursar and the General
Management thereof, and the Duties of the said Clerks, as such Board may deem necessary
* See pages 75, 76 and 230 of the Seventh Volume of this Documentary History. See also pa^e 236 of the same Volume
and pages 18 and 202 of Volume Eight.
Chap. VII r. PROCEEDINGS OF THE SENATE OF THE TORONTO UNIVERSITY, 1850. 129
Provided always Further, that such Board shall not employ any greater number of Clerks
for the business of the said University than that above stated, for any period exceeding one
month, without a special reference of the circumstances attending such employment to the
Senate, and the sanction of the Senate therefor :
Provided also, Secondly, that the Bursar, as Secretary, and the Clerk in his Office, shall be
employed exclusively in the business of the University.
2. The Board of Endowment shall prepare a Quarterly Statement of the transactions con-
nected with the Property and Effects of the said University, which it shall be the duty of the
said Board, within one fortnight next after each quarter day, to prepare and deposit with the
Secretary of the Senate, to be laid before that Body at their next Meeting ; which Statement
shall show all moneys received, distinguishing the sums paid in to the credit of the Investment
and the Income Fund respectively, all sales, leases and investments made during the preceding
quarter, and also all disbursements.
3. The Board of Endowment shall decide upon all applications for lease, purchase, sale, or
investment ; and shall make such terms and arrangements therein as they shall think fit,subject
to such Regulations as may, from time to time, hereafter be made by University Statute relative
thereto ; and all contracts entered into by them which require the Seal of the Corporation, shall
be authenticated by the signature of the Chairman, and, on his requisition, shall have such
Seal affixed thereto by the Bursar :
Provided always, that no such decisions, terms, or arrangements, shall be made unless at
least one of the University Members of the Board be present ; and
Provided, Secondly, that no moneys shall be invested in any other than Government
Securities, without the authority of the Senate first had and obtained therefor.
4. The University Members of the said Board shall each be paid the sum of per
diem from the funds of the University, for each day's actual attendance at the Meetings of the
Board, which attendance shall be certified quarterly under the hand of such Member, and of
the Chairman, to the Bursar of the University ; and, upon such certificate, the Bursar is hereby
authorized to pay to such Member the said sum of per diem as aforesaid, subject to
the provisions of the Fortieth Section of the University Act of 1849.
5. The Board of Endowment shall meet regularly for the transaction of the business of the
University, on — — day in each week, at the Bursar's Office, until permanent arrangements
shall be made for the accommodation of the different departments of the University :
Provided always, that Special Meetings may be called by the Chairman, or Board, if the
business of the University shall require the same ; and
Provided, Secondly, that the number of regular Meetings may be diminished according to
circumstances, by Resolution of the Board.
6. The University Members of the Board shall give security to the satisfaction of the
Senate, for the performance of their duties as Members of such Board, in the sum of
each, and two sureties in the sum each, or one surety in the sum of
Suggestions. 1. That all the Funds and Securities at present in the possession of the
Bank of Upper Canada, in *he name of the Council of King's College, shall be transferred to
the account of the University of Toronto.
2. That two accounts shall be op*^ned with this Institution, to be designated respectively
the Investment Fund and the Income Fund.
3. That the Bursar shall supply the Cashier of the Bank of Upper Canada with the neces-
sary information for making this division of the general account, and shall report to the Senate
and to the Endowment Board the particulars of each account, to the former those of the Income
Fund, and to the latter those of the Investment Fund.
4. That Cheques shall be drawn on the Income Fund by the Bursar, and on the Investment
Fund by the Chairman of the Endowment Board, subject to the following proviso : that all
Cheques for any amount not fixed by statute, above - shall require the counter-signature
of the Chancellor, Vice Chancellor, or President.
5. That the University Seal shall be kept under the custody of the Bursar with the muni-
ments of the University, who shall affix the same on the requisition of the Chairman of the
Endowment Board, to such Documents as shall bear the signature of the Chairman.
Moved by tbe President, seconded by the Honourable J. Hillyard Cameron that the Statute
relative to the Endowment Board and the foregoing Report thereon be referred back to the
Committee who prepared that Report. {Carried.)
Moved by Professor Skeffington Connor, seconded by the Honourable Doctor Widmer,
that Mr Alan Cameron be appointed Secretary to the Senat*?. {Carried)
9 D.E.
130 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
The foregoing Statute for the Investment of the Funds of the University was then taken
into consideration for adoption, and the same being read, its adoption was carried.
September 28th, 1850 — Prof essor John King moved seconded by the Honourable J. Hillyard
Cameron that the Report on Degrees in Medicine, which had been read, and the Statute founded
thereon, as amended, be adopted. (Carried.)
October 5th, 1850. — Read a Letter from the Bursar to the Secretary to the Senate, dated
5th instant, containing an Order of the Board of Endowment that the Senate be requested to
transmit, for the use of the Board, the opinions of Counsel on the case submitted in reference
to the claim ot Upper Canada College and the powers of the Endowment Board.
Read the amended Report of a Committee (to which had been referred back its former
Report,) with an amended Statute for the General Charge Superintendence and Management of
the Property and Effects, Real and Personal of the University of Toronto by the Endowment
Board of the said University and Upper Canada College and Royal Grammar School. The
Report was received.
October 12th, 1850. Mr. Joseph C. Morrison, seconded by Professor W. R. Beaumont
moved, that the Report of the Caput and the Testimonials of the three Candidates selected by the
Senate be transmitted to the Provincial Secretary to be placed before his Excellency the
Governor General. {Carried)
October 19th, 1850 — A Letter was read from the Honourable the Chancellor to the Honour-
able James Leslie, Provincial Secretary, dated the 19th instant, asking permission to use the
Hall of the Legislative Assembly for the occasional Assembling of Convocation.
A Letter from the Bursar of the University to the Honourable the Chancellor was read
dated 17th instant, on the subject of retiring from his oflfice. In that Letter the Bursar said :
" I was selected to fill the office of Bursar to the King's College in the month of July, 1839, and
I have been constantly engaged in its duties ever since that period, using my best exertions for their
satisfactory performance ; and I am now desirous of withdrawing from the office, if the proper author-
ities consider that my services and advanced period of life entitle me either to a gratuity in money, or
to an annual pension on retirement. If the Senate should look with favour upon this proposal, I shall
be prepared to resign my office whenever I am required, giving every assistance in my power to my
Successor until the end of the current year."
The Dean of Arts, seconded by the Vice-Chancellor moved, that the Legal Opinions
requested by the Board of Endowment in its Letter of the 5th instant be transmitted to them.
{Carried.)
The consideration of the Report of the Statute relative to the General Charge, etcetera of
the property, etcetera, of the University of Toronto and Upper Canada College was resumed, and
it was amended in several particulars.
October 26th, 1850 — The Members present were not sufficient to constitute a quorum.
October 31st, 1850 — A Letter from the Provincial Secretary to the Secretary of the Senate
dated the 24th instant was read, informing him of the appointment of James Henry Richardson
M. D. to the Chair of Practical Anatomy.
A Letter from the Principal of Upper Canada College to the Honourable P. B. de Blaqu-
ire, Chancellor of the University was read, dated the 19th instant, containing a copy of a
Minute of the Caput, or Council, relative to the free education of Sons of the Professors of the
University
Doctor L. O'Brien, seconded by the Honourable Henry Sherwood moved, that the amended
Statute relative to the Endowment Board, as amenc^ed, be adopted. (Carried).
The Senate directed that a Copy of the Endowment Statute be sent to the Board of Endow-
, ment.
The consideration of the Statute, relative to convocations was proposed by the Reverend
Doctor Beaven and, after same alteration, it was adopted.
Novemoer 2nd, 1850. — The Statute relating to the summoning and holding of Convocatitins,
.as amended, was adopted.
November 7th, 1850. — Read the bye-laws of the Faculty of Arts, pa?sed at a Meeting held on
the 5th ultimo. Whereupon, on motion of the Reverend Doctor Beaven, seconded by the
President, they were approved. The Chancellor, pursuant to notice, made a Communication
to the Senate on the subject of a Royal Charter about to be granted for establishing a Univer-
sity in Toronto exclusively for Members of the Church of England and read and laid upon the
Table the Draft of an Address to His Excellency Lord Elgin, the Governor General from the
Senate for their consideration. The following is a copy of the Draft of this Address ; —
May it please your Excellency : —
1. A representation has been made, to the Senate of the University of Toronto, that a Royal
Charter is sought to be obtained from Her Majesty the Queen, for establishing a University in
Upper Canada, exclusively for Members of the Church of England.
Chap.VIIf. PROCEEDINGS OF TEE SENATE OF THE TORONTO UNIVERSITY, 1850. 131
2. A Document put forth by the Bishop of Toronto whilst in England, and bearing date June
12th., in the present year and accompanied by an Address from certain noblemen and gentlemen
in London, dated June 19th,* in support and corroboration of the same, both addressed to the
Members of the Church of England, in behalf of an L'pper Canada Church University have also
been brought under the notice of the Senate, ...
3. These Documents have been extensively circulated throughout England, and appear to
contain the reasons upon which is based a claim for obtaining the Charter in question ; and
the Senate is informed that it is also claimed, because Royal Charters have been granted to
Victoria and Queen's Colleges in this Province. —
The principal reasons assigned as the claim for a Charter are, that the University of Toron-
to as now established by parliamentary enactment,
" Expressly excludes from the University Religious Instruction according to any form of doctrine
whatever ; prohibiting any forms of prayer, or any Act of Public Worship ; and disqualifying any
Graduate of the University who may have taken Holy Orders from admission into, or any voice into
the Senate."
And the Institution is designated as " Anti-Christian " and '* Impious."
4. The Senate of the University of Toronto denies the truth of these assertions, and, on be-
half of the whole Christian Community of Upper Canada, for whose benefit the University of
Toronto has been established by Legislative sanction and Royal authority, repels them as slan-
derous, inasmuch as Religious Instruction still continues to form part of the University Studies,
even with increasing vigour, but will not be permitted to offend, or interfere with the peculiar
tenets of any Denomination of Christians, whilst holding out every facility to each for the free
and separate exercise of Religious Doctrine. —
5. The Senate equally denies that any prohibition exists as "to any form of Prayer " or "any
Act of public worship," allowing to all perfect freedom therein and the utmost facility for
conducting the same.
6. The Senate equally denies, as contrary to truth and slanderous, that the University Act of
1849 has disqualified any " Graduate who may have taken Holy orders from admission into or
having any voice in the Senate," as two of its Members are Ministers of the Church of England,
and one a Minister of the Kirk of Scotland ; and no restriction exists, either as to the Members
of the Senate appointed by the Crown, or as to those who may hereafter be chosen by any
affiliated College, from being Ministers of Religion. And the Senate emphatically repels the
accusation, that the University of Toronto is "Anti-Christian," or " Impious," because the
principle upon which it is founded seeks to have Religious Instruction inculcated under the
especial charge of afl&liated Colleges for each Denomination of Christians desirous of University
Education, which shall have power to grant Degrees in Divinity, and the further power of en-
forcing [any Regulation of the Senate of the University of Toronto, providing] : —
" That no candidate for matriculation, or for any degree, (in the University of Toronto,) who
shall, at the time of his application be a student in any of the different Colleges which shall be so far
affiliated to the said University as to be entitled to appoint a Member to the Senate thereof, shall be
received as a Student, or admitted to a Degree in the said University, without possessing such Re-
ligious requisites as may be prescribed by the constituted authorities of the College to which he be-
longs, and which, according to his standing in such affiliated College, he shall, by the Rules thereof,
be required to possess." (Vide University Amendment Act of 1850, 13th and 14th Victoria, Chapter
49, Section one.f)
7. The Senate respectfully appeals to Your Excellency, under whose immediate auspices the
Statutes of the University of Toronto have b^en passed, whether their essential principle, as sanc-
tioned by Her Majesty, is not to endeavor to excite all classes to take advantage of a National En-
dowment fully equal to carry out the highest academical education in this Province, (and which, if
divided, would be useless to any,) combined with Religious Instruction in such a manner as may
suit all Denominations of Christians, without offence to conscientious scruples ; — and that this
principle has received the sanction and deliberate approbation of the people of U^pper Canada,
through their Representatives for whose benefit the same is intended. —
8. The Senate further respectfully represents to Your Excellency, that it is highly injurious
to the great interests involved in this question and which embrace the present, as well as rising
generations of Canada, to permit the revival of an Institution, wholly exclusive in its nature,
and, therefore, unsuited to the well-being of this Province, and which is intended to withdraw
from the University of Toronto a large and influential portion of the community, many of whom
are actually reaping great benefits from this Institution, and others are preparing to enter it,
when sufliciently advanced, without the present means, or further prospect, of being able to
provide for this section of the inhabitants that high academic education thus recklessly intended
to be thrown aside ; nor can the evil rest here, for the tendency of such an Institution is un-
* For copies of these Documents, See Chapter VI. of this Volume.
t Printed in Chapter II of this Volume, pages 49-52. See page 50 for this proviso.
132 DOCITMKNTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
questionably to revive those Religious asperities, from which the Province has already so deeply
suffered, and which every friend of peace and good order deprecates, as fraught with calamity
to all.
9. Your Excellency, as Visitor of the University of Toronto, and, in that capacity, the
delegated guardian of its rights and privileges, cannot but be aware of its fitness and adaptation
to the wants and wishes, as well as the best interests, of the Province ; Your Excellency knows
that much has already been done to correct what the people of Canada had a right to object to
in the former management of King's College ; that order, economy and good government are
rapidly being developed in the conducting of every thing connected with this Institution, if
permitted to come into operation ; and the Senate trusts that Your Excellency will not permit
a rival University, sought for under false and slanderous pretences, to undermine and destroy
a great national benefit.
10. But, that Your Excellency will be pleased to pray Her Majesty the Queen not to grant
the Charter sought by the Bishop of Toronto, but, in lieu thereof, to grant a Royal Charter for
the establishment of a Theological Afliliated College, to be placed in the City of Toronto, for the
express use of the Members of the Church of England in this Province, desirous of entering the
same, and of receiving Secular instruction in the Univer sity of Toronto, and with power for
said College to grant Degrees in Divinity.
11. In conclusion, the Senate is desirous respectfully to state to Your Excellency, that the
Charters of Victoria and Queen's College were obtained under circumstances altogether diflPerent
from those in which the Province is now placed.* At the time they were granted, King's
College University was considered by those Denominations represented by these Colleges, and
also by a large portion of the public as exclusively adapted for Members of the Church of
England, but the University of Toronto, as now established by late enactments, becoming avail-
able to the whole community, and providing for Religious Instruction in separate Colleges, no
reasonable objection can be raised why all may not, if so disposed, receive the benefit of the
highest academical education in the National University and take Degrees therein in the
Faculties of Law, Medicine and Arts, still preserving the inviolability of Religious Instruction
to each Denomination.
In the short period, which has elapsed since the establishment of Victoria College, it has
entirely failed for want of necessary funds, and the Institution has been closed, its buildings
at Cobourg have been soldt and an Act of the Legislature in the last Session has authorized
the removal of the Site of this College to Toronto^ with, it is to be hoped, the sound and judici-
ous view of becoming an affiliated College with the University of Toronto, and thus, at once,
placing its benefits within the reach, and at the command, of that highly respectable (Metho-
dist) portion of the community.
12. The Presbyterian College at Kingston, under the name of Queen's College, however
respectable as an academical Institution of a superior order, does not possess, and, it is believed,
cannot expect to have for a very long period the means indispensable to the establishment of a
University, and it§ is matter for profound regret that the students of this College are not as
yet enabled to participate in the superior advantages to be derived from the University of
Toronto in the faculties of Law, Medicine and ArtF. The actual condition of Queen's College
in this respect presents insurmountable objection to extending University Charters in Canada
in the present generation, if the honours and distinction to be obtained therein are to be con-
sidered desirable, or the Province to be benefitted by University education.
All which is respectfully submitted by the Senate of the University of Toronto.
Toronto, November 7th, 1850. Peter B. de Blaquiere, Chancellor.
Mr. Joseph C. Morrison, seconded by Professor George Herrick, moved, that the Draft of
a Memorial to the Governor General, just read, by the Chancellor, be referred to a Select
Committee, consisting of the Chancellor, the Vice Chancellor, the President. Professor W. C.
Gwynne, the Honourable Henry Sherwood, Doctor Connor and the Mover. {Carried.)
November 9th. 1850. A Letter from the Secretary to the Board of Trustees of the Toronto
Hospital to the Secretary to the Senate, was read, dated the 8th instant, stating that it had
been resolved that the price for attendance on Hospital practice and Clinical lectures should be
Two Pounds Ten shillings for six months.
* Victoria College went into operation on the 2l8t of October, 1841. It was incorporated on the 27th of August, 1841,
Oueen'8 College went into operation on the 7th of March, 1842. Its Royal Charter is dated the 16th of October, 1841.
King's College went into operation on the 8th of June, 1843. Its Charter was issued in 1827. See the First and Fourth
Volumes of this Documentary History for particulars of these facts.
t This statement is quite incorrect. Victoria College was not " closed" in 1850, nor were its Buildings sold for forty
years afterwards. The Site of the College was not removed to Toronto until the early eighties.
X The Act of Parliament, authorizing this removal, is printed on page 53 of Chapter II. of this Volume
§ The early comparatively successful operation of Queen's College does not bear out this rather pessimistic outlook of
that College by the first Chancellor of the University of Toronto.
Chap. VIII. PROCEEDINGS OF THE SENATE OF THE TORONTO UNIVERSITY, 1850. 133
The Honourable Henry Sherwood, seconded by Mr. J. Roaf, Junior, moved thnt the Sec-
retary do acknowledge the receipt of the Letter from the Secretary to the Hospital Trustees,
dated 8th November instant, and inform him that the same has been laid before the Senate and
that the Resolution of the Trustees meets with their approbation. {Carried.)
A Letter from the Honourable the Chancellor to the Honourable James Leslie, Provincial
Secretary, asking him to present his humble request to His Excellency the Governor General
that he will be pleased to permit him to obtain a copy of a Royal Charter sought for by the
Lord Bishop of Toronto for a Church University in Toronto, in order that he might lay the
same before the Senate of the University of Toronto. The following is a copy of this Letter : —
At a Public Meeting held on Thursday last in this City, for the purpose of opening a Medical
School in connection with a Church University, the Lord Bishop of Toronto stated that he was about
to obtain a Royal Charter for such University, and which would enable this Medical School to enjoy
all the rights and privileges attached to similar Schools in connection with a University. Conceiving
that this may seriously affect the rights and privileges, not less than the well being, of the University
of Toronto, over which I have been called upon to preside, 1 beg you will present my humble request
to His Excellency the Governor General that he will be pleased to permit me to obtain a copy of the
Charter thus sought by the Lord Bishop of Toronto,in order that I may lay the same before the Senate of
the University.
Toronto, 9th of November, 1850. Peter B. de Blaquere, Chancellor.
The notice of a Resolution of the Board of Endowment, relative to buildina; Offices for the
University and Upper Canada College, being taken into consideration, Mr. Joseph C. Morrison,
seconded by Doctor J. J. Hayes, moved, that the Communication from the Board of Endow-
ment, dated the 27th September last, be referred to a Committee, consisting of the Vice-Chan-
cellor, the President, the Honourable Henry Sherwood and Doctor W. C. Gwynne. (Lartied.)
The Bye law of the Faculty of Medicine, regarding the Matriculation Examination being
taken into consideration. Professor W, C. Nicol. seconded by Professor H. H. Croft, moved
that the bye-law of the Faculty of Medicine, just read, be approved. (Carried.)
The Letter of the Bursar of the University of Toronto, on the subject of his retiring from
office, laid before the Senate on the 19th October, being taken into consideration, when it was
moved by Mr. Joseph C Morrison, seconded by Professor James H. Richardson, that the
communication of the Bursar be referred to a Committee, consisting of the Vice-Chancellor, the
President, Professors George Herrick and Skeffington Connor. (Carried.)
November, 16th, 1850. A Letter from the Bursar of the University to the Secretary to the
Senate, dated the 15th instant was read, transmitting, by direction of the Board of Endowment,
a Minute of their proceedings at a Meeting held on the 14th instant.
The following Memorial from Mr. J. M. Hirschfelder to the Honourable the Chancellor
and Senate of the University, dated November 14th instant was read, applying to be made Pro-
fessor of Oriental Literature :* —
The Memorial of Jacob M. Hirschfelder, Respectfully Showeth : —
That your Memorialist has held, since the year 1844, the appointment of Hebrew Tu^or in the
University of King's College, during which time he has performed the duties appertaining to that
department in every respect similar to those of the Professors. He has given a Lecture ever}^ day
during the three terms of the year, conducted the examinations, and appointed the exercises for which
services he has received no other emoluments than merely the fees arising from the students attending
his Lectures.
Your Memorialist begs leave to state further, that, when, in January last, the new University
Bill came into operation, new warrants were issued to the Professors and a new classification of the
various departments was made, whilst your Memorialist has hitherto received no new appointment, nor
has his department been attached to any Faculty, so that he is at present perfectly ignorant as to what
Faculty he belongs.
Your Memorialist would, therefore, humbly pnd respectfully pray, that your Honourable Senate
would be pleased, to raise his position from that of Tutor of Hebrew, to the Professorship of Oriental
Literature, which is alreadv established by Statute, since October, 1844, and stands first on the list of
the Professorships which were at that time established by the same Statute.
Your Memorialist begs leave to state further that the number of students attending his Lectures
has been every year increasing. The three first years that he became connected with the University,
the Students inDivinity connected with the Church of England only attended his lectures. The
fourth year he obtained a large increase from the Theological Institution connected with the Congre-
gational Church, who have hitherto regularly sent their students to the University to attend his
lectures. Last year the Synod of the Free Church of Scotland determined that the students of Knox's
College in this City, should attend the Hebrew Lectures at the University, and in accordance with
that resolution of the Synod, twenty-five students of Knox's College attended my Lectures last winter.
This present Session I have obtained some Students from the Theological Institution which has been
removed from London to Toronto, in connection with the United Presbyterian Church.
*As the Memorial is somewhat historical in its character, I have inserted it in full.
134 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
The Faculty of Divinity now being removed from the University, and your Memorialist not being
aware whether his department will be retained in the University, having hitherto been connected with
that Faculty, begs leave to state, that he is not aware of any University either in Germany, England,
or America, in which there is not at least one Professor of Oriental Literature. Indeed in the Univer-
sities of Berlin, Bonn, Gottirgen and Heidelberg, the study of Oriental Literature is so much encour-
aged, that, not only the Hebrew, Chaldee, Syriae, and Arabic, may be studied free of charge, but the
greatest Prizes are given as an inducement in that department.
Li the London University Oriental Literature it also very much encouraged. Trinity College,.
Dublin, in order to encourage the study of Hebrew, even in Schools, has established an entrance Piize
of, I believe, £40 ; nor is there less encouragement afforded in the Universities of Oxford and Cam-
bridge, where there are established Hebrew and Arabic Scholarships.
Your Memorialist takes the liberty of stating further, That a Professor of Hebrew and Oriental
Literature at the Provincial University of Toronto, where, from henceforth, those who are intended
for the Ministry will receive their preparatory' education before entering on their Theological studies,
will be of the greatest service to all Denominations. The young men studying for the Ministry in this
Country, are generally very poor, the expense of their education is mostly defra\'ed by the voluntary
assistance of their respective Denominations, it can, therefore, not be expected, that each Theological
School should maintain a Professor of Oriental Literature, no more that it could be expected that each
of them should maintain a i'rofessor of Classical Literature, or Mathematics ; it would be a tax which
none of them would be able to bear.
Your Memorialist begs leave further to represent to your Honourable Senate, that he has studied
four years at the University of Heidelberg, and also four years at the well known Oriental School at
Eslinger, and having now been ten years engaged in teaching Hebrew, Chaldee, Syriae and Arabic, so
flatters himself to be able credibly to perform the duties appertaining to his department, and he
will be able should it be required, to lay before your Honourable Senate, Testimonials from a number
of Clergymen of this City of all Denominations, many of whom have been so kind as to write on the
subject to the Honourable Attorney General Baldwin, when the University Bill was before Parliament.
Your Memorialist sincerely trusts that you will be pleased to receive his Memorial favourably, and
place tlie department of Oriental Literature, (which will always form one of the largest Classes in the
University), in such a position, that the growing desire for the study of Oriental Literature may not
be checked, nor its usefulness impeded, and in doing so, he is assured you will ever receive the thanks
of those who may profit by it, and who otherwise would probably be entirely deprived from obtaining
a knowledge of that Language in which the Holy Oracles were originally recorded.
ToROXTO, 14th November, 1850. J. M. Hirchfelder.
The following Report of the Committee appointed to take into consideration the communi-
cation of the Bursar of the University was read :— The Committee appointed to take into con-
sideration the Communication o*! the Bursar to the Senate, dated 17th October, 1850, on the
subject of his resignation of the Bursar's office on the 16th November, 1850, beg leave to report.
That, under the altered circumstances of the office of Bursar, rendered necessary by the late Act
of Parliament, the Committee recommend, that the resignation of the Bursar be accepted.
That the advanced age and past services of that Officer entitle him to compensation, and
that, in the opinion of the Committee, such compensation should be a sum of money, and not by
an annuity.
That, in the opinion of the Committee, the amount of such compensation should be Seven
Hundred and Fifty Pounds, (£750.)
That the Committee further recommend, previous to the payment of said compensation that
the accounts of the Bursar s Office be audited ; and also that the Bonds of the Bursar's sureties^
be not cancelled, but be retained by the University.
Mr. Joseph C. Morrison movod, seconded by the Reverend Doctor Heaven, that the Report
of the Committee be adopted. (Carried).
The Statute for conferring Degrees upon Professors of the University, not already possessed
of any Degree, was read a second time. Whereupon the Reverend Doctor Beaven, seconded by
Professor Skeffington Connor, moved that the Statute, for giviui^ authority to Convocation ta
! dispense with the statutable requirements for Degrees in the Case of Professors be adopted.
I {Carried.) ^
Professor W. C. Nicol's Statute, relating to the Chair of Agriculture, and the establishment
ci^S: ^^^^^™®^*^^^ ^^'^^'^ was read the first time. Professor Nicol, seconded by Professor
bkefengton Connor, moved that the Statute just read be referred to a Committee, to consist of
the \ ice Chancellor, the Honourable J. Hillyard Cameron, Mr. Joseph C. Morrison and Doctor
Connor. (Carried. )
Mr. Joseph C. Morrison, seconded by the Honourable J. Hillyard Cameron, moved that
the Secretary address a Letter to the Chairman of the Commission of Inquiry, requesting him,
as soon as convenient, to furnish the Senate with a statement of the Bursar's accounts, shewing
tne balance of cash in his hands belonging to the University at the time the Commission enter-
Chap.VIII. PROCEEDINGS OF THE SENATE OF THE TORONTO UNIVERSITY, 1850. 185
ed upon their inquiry, or to the credit of the Institution, and such other information on the sub-
ject as the Commissioners may see fit, — the Bursar being about to resign his office in the Uni-
versity. {Carried).
Professor James H. Richar<lson, seconded by Mr. Joseph C. Morrison, moved that the
Memorial of Mr. J. M. Hirchfelder, laid before the Senate on the I6th instant, be refeired to a
Committee composed of the Reverend Doctor Beaven, Professors L. O'Brien and S. Connor, and
the Honourable J. Hillyard Cameron, with directions to report on it at the next meeting of
the Senate. (Carried.)
November 23rd, 1850. Read a Letter from the Provincial Secretary to the Honourable the
Chancellor dated 16th November instant, enclosingr a Communication from the Honour-
able A. N. Morin, dated 13th instant, granting permission to the Convocation of the University
to hold their Meetings in the Hall of the Legislative Assembly Buildings, Toronto.
The following Report of the Committee on Mr. Hirchf elder's Memorial to be appointed
Professor of Oriental Literature, was read : —
The Committee appointed to consider the Memorial of Mr. J.M. Hirchfelder, respectfully report, —
That it is advisable, in their opinion, that some measures should be taken for the purpose of
recognising Mr. Hirschfelder's as a Tutor attached to the Faculty of Arts in this University, and that
a salary of not less than £100 per annum should be attached to his tutorship. They would at the
same time, recommend that the fees of students in Hebrew be reduced from £2 to £1 per term, in order
to make instruction in Hebrew available to the students of the various Theological Seminaries in this
city, Professor Skeffington Connor, seconded by Mr. Joseph C. Morrison, moved that the Report be
received. {Carried).
Whereupon the President, seconded by Reverend Doctor Beaven, moved that the Report
be adopted, except as far as related to the title of the Office which shall be "Lecturer in
Oriental Literature " instead of *' Hebrew Tutor." ( Carried.)
The Statutes regulating the salaries of the twelve Professors of the University, as amended,
was on motion of Mr. Joseph C. Morrison, seconded by Professor Skeffington Connor, adopted.
November 30th, 1850. As the eight Members present were not sufficient to constitute a
quorum, no business was transacted.
December 7th, 1850. A Letter from the Secretary of the Committee of Visitation of the
University of Toronto to the Hojiourable the Chancellor was read, dated the 2nd instant,
requesting copies of the Statutes.of the Senate of the University recently passed by the Senate
to be transmitted to him for the information of the Visitors.
The Honourable J. Hillyard Cameron, seconded by Professor Skeff"ington Connor, moved
that copies of the Statutes passed by the Senate be transmitted to the Commissioners of
Visitation and that the Secretary be authorized to have such copies prepared and transmitted.
( Carried )
The Statute for providing more efficient means of practical instruction for Students in
Obstetrics, as amended by the Solicitor to the University, to whom it has been referred, was
adopted.
A copy of Resolutions of the Board of Directors of the Provincial Lying-in Hospital and
Vaccine Institution passed at a meeting held 2;:5nd November, 1850, was read, placing the
Institution at the service of the authorities of the University, upon such terms as might be
agreed upon by the University. Doctors George Herrick and John King were deputed by the
Directors to treat with the University upon the subject of such Resolution.
The Statute, authorizing a gratuity of £750 currency to the Bursar on his resignation of
office and appropriating such sum for that purpose was read and adoped.
The By-laws of the Faculty of Medicine relative to meetings, etcetera, were read and
approved.
December 14th, 1850. As the eight Members present were not sufficient to constitute a
quorum, no business was transacted.
December 2lst, 1850. A number of Letters on various matters were laid before the Senate
and read ; but no action was tnken on any of them, at this meeting.
The Statute for allowing free education in the University to the sons of Masters' of the
Upper Canada College being taken up, the President, seconded by Professor L. O'Brien,
moved, that the Sons of the Principal and Masters of Upper Canada College be entitled to
recieve their education in the University, exempt of any fees to which the Officers and
Professors are entitled. ( Carried )
The Reverend Doctor Beaven, seconded by Professor Skeff'ington Connor, moved that a
copy of the foregoing Statute, relative to educational privileges for the Principal and Masters of
Upper Canada College be furnished by the Secretary to the Council of Upper Canada College.
( Carried' )
136 DOCUMENTARY HISTORY UF EDUCATION IN UPPER CANADA. 1850
#
The Preamble Title and Clauses of the Statute for the appointment and payment of a
" Lecturer in Oriental Literature," as amended, were respectively put and carried.
December 28th, 1850. A Letter from the Bursar of the University to the Secretary to the
Senate, dated 28th instant was read, transmitting, by direction of the Board of Endowment,
their report on the examination of the Bursar's accounts. Professor SkefFington Connor moved,
seconded by Mr. Joseph C. Morrisf>n, that the Report of the Endowment Board, respecting the
Bursar's accounts be received, and that the Statement thereof therein contained is satisfactory.
( Carried )
Profe?sor W. C. Beaumont moved, seconded by the Honourable Christopher Widmer, that,
for the purpose ascertaining the duties attached to the several Professorships, videlicet. The
number of Lectures delivered each week ; the duration of each Lecture, and the number of weeks
each Professor lectures, the Senace do call upon each Professor to furnish a statement of the
above duties, together with such additional duties, (if any,) which necessarily make a part of
his duties, as a Professor, that the Senate does this with the view of determining by Statute,
the duties of each Professorship, and also of proportioning, as nearly as possible, the duties of
each Professor to the salary affixed to the Professorship.
The President moved, seconded by Professor John King, in amendment, that it is expedient
that the subject contained in the foregoing Resolution be referred to the Visitation
Commipsioners, with a request that they would be pleased to take it up at their earliest
convenience. ( Carried )
The Statute relative to the salary of the President being taken up Mr. Joseph C. Morrison
moved, seconded by Professor Lucius O'Brien, that the said Statute be adopted. ( Carried )
The Statute relative to Clinical Lectures being taken up Mr. Joseph C. Morrison moved,
seconded by Professor W. C. Nicol that the said Statute for the appropriation of money for the
Clinical Lectures be adopted. ( Carried )
CHAPTER IX
PROCEEDINGS OF THE UNIVERSITY ENDOWMENT BOARD, 1850.
The Twenty-first Section of the Toronto University Act of 1849 provided
that there should be for the said University, and for the College and Royal
Grammar School of Upper Canada College, a Body to be called " The Endowment
Board of the University of Toronto, and the College and Royal Grammar School
of Upper Canada College" of five Members. #
The Twenty Second Section of that University Act of 1849 makes it the duty
of this Endowment Board : —
*' To take upon themselves the general Charge, Superintendence and Management of the
whole Property and Effects, Real and Personal of the said University". . . (and of Upper
Canada College : Section Twenty-one.)
On the 12th of August, the Secretary of the Senate of the University of
Toronto, received the following Letter from the Provincial Secretary, and, on the
following day, the Endowment Board held its first Meeting..
I have the honor, by Command of the Governor General, to acquaint you, for the informa-
tion of the parties concerned, that His Excellency has been pleased to appoint the Honourable
Francis Hincks as a Member of the Endowment Board of the University of Toronto, etcetera,
and Chairman of that Board, under the provisions of the Twenty-tirst Section of che [University
Act of 1849], 12th Victoria, Chapter 82.*
Toronto, 10th of April, 1850. JaxMES Leslie, Secretary.
The following is a record of the proceedings of this Endowment Board, so
far as they were of general, or public, interest.
'Printed on page 152 of the Eighth Volume of this Documentary History.
Chap. IX. PROCEEDINGS OF THE UNIVERSITY ENDOWMENT BOARD, 1850. 137
August 13th, 1850. At the first Meeting of the Endowment Board of the University of
Toronto, at which the Honourable Francis Hincks, Chairman, presided, it was : —
Ordered that a classified list of all applications for purchase, lease, or otherwise (of Univer-
sity Lands) be prepared for the Endowment Board by its next Meeting.
(hdered. That the Bursar do lay before the Board a statement of all moneys in the Bank,
or in his Office, by the next meeting, with Bank Books, and other Books and Documents.
Ordered, That the Bursar lay before the Board, at its next Meeting, a Statement of moneys
received f )r and paid on account of Upper Canada College, between the time of passing of the
University Act, (80th of May, 1849,) and the first day of January last.
August 15th. 1850. At this Meeting no business of public interest was transacted.
August 19th, 1850. A Statute from the Council of Upper Canada College was read by the
Chairman, — the same giving to this Board the general charge, management and superintendence
of the property and effects of the said College.
The Board proceeded to the consideration of applications for Deeds of Property appertain-
ing to Upper Canada College, and ordered that the various Deeds be executed.
Ordered, That an ace ^unt be open with the Bank of Upper Canada, for Upper Canada Col-
lege, and that the sum of Seventy-five pounds. Fifteen shillings and Three pence, (£75. 15 3)
being the amount of a balance which appears at foot of account, now rendered by the Bursar, of
moneys received by him between the passing of the University Act, on the thirtieth day of May,
1849, and the first day of January 1850, be placed to credit that account.
Ordered, That an account be laid before the Board of all moneys received by the Burpar,
on account of Upper Canada College since the first of January 1860, to the present time, dis-
tinguishing the amount of principal and interest and rent, and any payments that may have
been paid by him on account of the same.
Ordered, That Joseph C. Morrison, Esquire, one of the Members of this Board, do prepare
a draft of Deeds and Contracts for the sale for Upper Canada College Lands, and that he
get two hundred and fifty copies of such Deeds printed, and five-hundred of " Contracts of Sale."
August 22nd, 1850.— A statement of moneys received and paid by the Bursar since the first
of January, 1850, to the Twentieth of August, 1850, for account of Upper Canada College,
was laid before the Board by the Bursar.
Ordered. That the balance of receipts and disbursements of Upper Canada College
amounting to Six Hundred and fifteen pounds, thirteen shillings and ten pence (£615.13.10.) be
placed in the Bank of Upper Canada to the credit of the said College, and that the Chairman
do give his cheque, or order, to the Bursar to draw such amount from wherever it may be, and
so place it ; and that a like order be giveH by the Chairman for the balance of Seventy-five
pounds, fifteen shillings and three pence, (£75.15 3,) due to Upper Canada College, as per
statement rendered by the Bursar at the last Meeting.
Ordered, That the account to be opened in the Bank of Upper Canada shall be in the name
of the Principal, Masters and Scholars of Upper Canada College and Royal Grammar School."
Mr. Joseph C. Morrison laid on the Table the printed form of Deeds for the conveyance of
the Lands, etcetera, of Upper Canada College, and the same was approved by the Board.
August 26th, 1850. The Bursar stated, with reference to this Board's order to place the
sum of £615 13s. 10 to credit of Upper Canada College in the Bank of Upper Canada, that he
had been directed by the Chancellor of the University to defer so doing, until the Senate decided
the question, on his laying the order before them. ...
August 29th, 1850 — Ordered, (on a Letter to the Bursar from the Assistant Provincial
Secretary) that the Bursar do receive and acquit the Warrant for the sum of £1,111 2 2
voted to Upper Canada College by the Legislature, and place the same to the credit of Upper
Canada College in the Bank of Upper Canada.
The Bursar submitted a Letter from the Cashier of the Bank of Upper Canada, dated the
23d of August, Instant, relative to Debentures to the amount of Nine Thousand Eight Hundred
pounds, (£9,800,) and it was
Ordered, That the amount of the said Debentures be received by the Bank and placed to
the credit of the " Chancellor, Masters and Scholars of the University of Toronto," in an
account to be opened under that head.
Ordered, That the Bursar do write to the Commissioner of Crown Lands, to ascertain
whether descriptions will be issued from his Department for lots of Land belonging to the
University of Toronto and Upper Canada College, as they may be required by this Board.
September 2nd, 1850. The Bursar submitted a Letter from the Cashier of the Bank of
Upper Canada, on the subject of certain Debentures therein mentioned, referred to this Board
by I he Senate, on the 31st ultimo, and it was, thereupon:
1*38 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
Ordered, That the Bursar do forthwith act upon the order of this Board, passed in relation
thereto at the last Meeting.
Ordered, That the Bursar do write to the Council of Upper Canada College, requesting that
the Council have copies to the Case submitted to Counsel on behalf of the College, on the
subject of the sums claimed to be due to the College, and also the duties of the Endowment
Board, with the opinions thereon, transmitted for the use of this Board.
September 5th^ 1850. No business of public interest was transacted at this Meeting.
September 9th, 1850 — Ordered, That all charges for the joint management of the Property
of the [Jniver.*ity of Toronto and Upper Canada College, be paid, in the first instance, out of
the funds of the University, and subsequently apportioned, (as shall be hereafter determined,)
between the University and Upper Canada College.
Ordered, That a Book be procured by the Bursar, to be called "Authority Book," in which
shall be entered all Statutes, Rules, and Orders passed and adopted by the Senate of the Uni-
versity of Toronto, or the Council of Upper Canada Co lege, for the direction of the Endowment
Board, as the same shall be, from time to time, passed and adopted.
The acting Chairman laid on the Table a Communication from Upper Canada College
Council, enclosing copies of the Case submitted to Counsel and their Opinions thereon, as re-
quested by this Board.
September 12th, 1850. No business of public importance was transacted at this Meeting,
September 16th^ 1850. The Statute authorizing payment to the Clerks of the Commissioners
of Inquiry was laid on the Table by the Bursar, with the Certificate from the Chairman of the
Commission, that £110 was due to the Clerks . . . which sum, under the authority of the said
Statute, was ordered to be paid and be charged to the Joint Management Account.
Ordered, That the balance standing in the Books of the Bank of Upper Canada to the
credit of the Council of King's College be transferred to the account of the 'Chancellor,
Masters and Scholars of the University of Toronto," and that the Bursar do forthwith commu-
nicate this order to the Bank, and that the Chairman and the Bursar do sign all cheques to be
drawn on this account.
Ordered, That the Bursar do lay before the Board a de* ailed Statement of the payments
made to the Officers of King's College by the Commission of Inquiry, with the vouchers
authorizing such payments, and the receipts therefor.
September 19th, 1850. Ordered, That that the Bursar do transmit to the Commission of
Inquiry, the list of payments made to the Commission, with the request that the Commission
will furnish this Board with a memorandum opposite to each item of the purpose for which the
money was applied, in order that the Board may credit, and allow the same, in accordance with
a Statute of the Senate of the University of Toronto.
A Communication was received and read from the Principal of Upper Canada College, on
the subject of the claim of Upper Canada College on the University for rent for the Upper
Canada College Boarding House, expressing the willingness of the Council that the question
should be submitted to arbitration.
September 23rd 1850. Ordered, That the amount required for the payment of the salaries
due on the first of October to the Professors of the University of Toronto and Principal and
Masters of Upper Canada College, be laid on the Table with the authority for the same.
Ordered. That the Senate be requested to transmit tor the use of this Board, the opinions of
Counsel on the Case submitted, in reference to the claim of Upper Canada College and of the
powers of the Endowment Board.
Ordered, That the Solicitor be directed to apply to Mr. J. E. Small, the late Solicitor, for
all Papers and Documents in his hands connected with the late University of King's College,
and for a Statement of Account between him and the University up to the period of his resigna-
tion, and that the Solicitor do communicate the result to this Board, as early as possible.
Ordered, That all payments of costs that may be made hereafter on account of the Univer-
sity, or Upper Canada College, be paid through the Solicitor of those Institutions respectively.
September 26th 1850. It was resolved that, in the opinion of this Board, the Lot on the
corner ot Church and Adelaide streets, Toronto, would be a most suitable one, on which to
erect a Building for the Offices of the University and Upper Canada College, and the Board,
. . . strongly recommend to the Senate of the University to appropriate a sum of money
not to exceed One Thousand pounds, (£1,000), to be expended on the erection of a Building,
. . . uponUpper Canada College giving the Lot in question for the purpose.
September SOth. 1850 The Bursar laid on the Table a certified detailed Statement of the
expenses and amounts paid on account of the Commission of Inquiry . . . which was
audited and allowed, except the sum of One Hundred and Twenty-five pounds, (£125), paid to
Chap. IX. PROCEEDINGS OF THE UNIVERSITY ENDOWMENT BOARD, 1850. 139
the late Mr. John Wetenhall, one of the Commissioners. The accounts was ordered to be
charged to the Joint Management Account.
The subject of the transfer of the balance due by the University to Upper Canada College,
having been taken into consideration, it was resolved that such balance be at once transferred,
without prejudice to the claims of the University, either in Law, or in Equity, to such money, or
any other moneys arising from the same sources. . .
October 3rd, 1850. No business of public interest was transacted at this Meeting.
October 7th, 1850. Ordered, That the Bursar lay before the Board the names of the Gentle-
men and others employed in his Office, with a Statement of the amount of their Salaries and
Allowances, with the dates of their appointments and by whom made.
Ordered, That the Bursar lay on the Table ... a Statement of the amount (and the
resources) of the University, Annual Income for next year, with the charges against the same.
October 10th, 1850. The Chairman called the attention of the Board to the Order of the
Board, that Twelve Thousand, Five Hundred pounds, (£12,500,) should be invested in Govern-
ment Securities, — action on which had been deferred to enable him to make enquiry regarding
the Montreal Harbour Debentures. These Debentures he had ascertained were payable in
London, and the price asked was 85, payable in currency at 12^ per cent, exchange.
The Board, being of opinion that it was not expedient to purchase on these terms it was,
Ordered That the Chairman sign a cheque for the £12.500, in favour of the Receiver General,
with a request to him that Debentures to that amount, payable in ten years, in sums of £500,
each, with interest at 6 per cent., with coupons, as authorized by the Act of last Session for
raising £30,000, on the credit of the Upper Canada Building fund.
Ordered, That the Bursar prepare a list of the Mortgages held on account of the University,
with the arrears of interest due thereon, and also a list of the property purchased on account of
the University, with a Statement shewing what portion thereof is under rent and what arrears
of rent are now due.
October 14th, 1850. Ordered that the Bursar do obtain from the Receiver General a Deben-
ture for £500, of a similar character to those ordered for investment for the University for
investment, for Upper Canada College, and that a cheque be issued for the same.
October 17th, 1850. The Bursar informed the Board that he had received from the Receiver
General, under the orders of the Board, Debentures on the Upper Canada Building Fund for
£12,500, for investment for the University, and £500 for Upper Canada College, which he had
lodged with the Bank of Upper Canada.
Ordered, That the Solicitor be instructed to take proceedings against Mr. J. E. Small, the
late Solicitor, to recover any amount that he may have collected for the University, and that
remain unpaid, should he not be able to obtain from that Gentleman a satisfactory account and
settlement of the claims of the University.
October 21st, 1850. The Bursar laid on the Table the Opinions of Counsel, by order ot the
Senate. No other business of public interest was transacted at this meeting of the Board.
October 28th, 1850. No business of public importance was transacted at this Meeting.
November 4th, 1850. No business of public interest was transacted at this Meeting.
November 11th, 1850. Read a communication from the Secretary of the Senate, enclosing
the Endowment Statute No. 10, which regulates the business and proceedings of the Board.
Ordered, That the Solicitor be requested by the Bursar to lay before the Board of Endow-
ment a Draft of the Bond to be executed by the Members of the Kndowment Board.
November 14th, 1850. Ordered, That the Communication from the Treasurer of the Law
Society, with the instrument enclosed be sent to the Solicitor, and that he be directed to report
thereon to the Senate of the University, and that the Bursar do communicate this Resolution to
the Secretary of the Senate, and also that it is the opinion of the Board that it would be advisable
for it to open a negotiation with the Law Society for the purchase of a right of way to the Uni-
versity Grounds.
The Bursar laid on the Table a Schedule of the Investments of the University property. He
was directed to write to the various parties from whom rent?, or interest, are due, requiring
payment of all arrears of rent and interest, by the first of February next ; and that, if not then
paid, any instalments, or principal money, due will be also re(iuired.
November 18th, 1850. No business of public interest was transacted at this Meeting.
November 21st, 1850. No business of public interest was transacted at this Meeting.
December 2nd, 1850. The Draft of Bond to be executed by the Members of the Board was
considered and sanctioned ; and, it was, —
Ordered, That the names of the Sureties of each Member be submitted to the Board for the
purpose of being communicated to the Senate.
d
••
140 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
9
December 5thy 1850. The Bursar, having laid on the Table a Statement of Principal, Interest
and Rents due on Block D, the property of Upper Canada College*
Ordered, That the Bursar do write to the several parties in arrears of Interest and Rent, and
require the payment of the amount due, by the Seventeenth of February next, otherwise pro-
ceedings will be taken against them.
December 9th, 1850. Read a Communication from J. Lukin Robinson, Esquire, proposing
to give up certain rights of way into the College Avenue on the consent of the University being
olM;ained to the continuation and opening of Park Lane into the Eastern College Avenue. It was
Ordered, That the Letter be transmitted to the Senate, with the recommendation of the
Board that the same be acceded to.
The Board received a Statute from the Senate, respecting the resignation of, and a gratuity
to the Bursar.
Ordered, That the Bursar do furnish the Board with the several dates when his accounts
were audited by the late Council of King's College, and the Resolutions passing such accounts,
and that he preface his accounts from the first of January, 1848, for examination and audit by
this Board.
December 11th, 1850. No business of public interest was transacted at this Meeting.
December 18th, 1850. No business of public interest was transacted at this Meeting.
December 19th, 1850. Read the Report of the Solicitor on the subject of the accounts of
Mr. J. E. Small, the late Solicitor. The Report was allowed to stand over, until information
be obtained, in reference to certain accounts relating to Upper Canada College, which the Bur-
sar is directed to apply for.
December 23rd, 1850. There being no quorum present, no business was transacted.
December 26th. 1850. A letter was read from the Secretary of the Commission of Visitation,
requiring information as to the probable amount of the Income fund of the University that
remains after paying all salaries and appropriations for the present year. After examination,
the Board estimated the amount at £2.500,0,0, and directed the Bursar to write to the
Commission to that eflfect.
December 27th 1850. The examination of the Bursar's accounts was completed, and
the following Report was adopted by the Board and directed to be transmitted by the Bursar
in time for the next Meeting of the Senate :—
The Board of Endowment, in pursuance of the directions conveyed to the Board under Statute,
Number Sixteen, passed by the Senate of the University of Toronto, have made a careful examination
of the account of Henry Boys, Esquire, Bursar with King's College, Upper Canada College and the
present University, and submit the following Report for the consideration of the Senate : —
On the examination of the Books of King's College the}^ found that the accounts of the Bursar
had, from time to time, been audited by various Committees of its Council, and that such audit had
been carried down to the end of the year 1847, and the accounts approved of. This Board, therefore,
did not consider it necessary to make a further investigation of the accounts, extending over the
same period, as the competent authorities of King's College had pronounced upon those accounts and
given them their sanction and approval. The Board, therefore, commenced the examination with the
month of January 1848, and have carefully gone through all the cash accounts down to the present
time, and have found them to be uniformly correct, the balances have all. been tested, the Bank Books
examined and Vouchers produced for all items of expenditure, and the Board are enabled to report to
the Senate that the accounts are perfectly correct and satisfactor3\
Toronto December 27th, 1850. J. Hillyard Cameron.
Joseph C. Morrison.
George P. Ridout.
December 30th, 1850. The Bursar laid on the Table a Resolution from the Senate that the Report
of this Board respecting the Bursar's accounts was received and that the statement therein contained
was satisfactory. At the same time was read a Letter from the Bursar, resigning his office. Where-
upon, the Board accepted his resignation, and ordered the payment of £750 to him ... .
Oidered, That Alan Cameron, Esquire, be appointed Bursar, and Secretary of this Boaid,
in the room of Doctor Henry Boys resigned.
Ordered, That security to be given by Mr. Cameron, be as follows :— to Upper Canada
College, himself in £1,000 and two sureties in £500 each ;— to the University, himself in £1.000,
and two sureties in £500 each
December, Slst, 1850. The Secretary brought before the Board, a Letter from the Provin-
cial Secretary, informing the Board of the allowance of two Statutes by the Governor General,
passed by the Commissioners of Visitation for the University of Toronto and Upper Canada
Volume*S\hirDwIlmeKr°m8t!rr°** '^^"^ ^^^^ °* ^*' -^^^^s' Cathedral. See pages 30, 31 and page 212 of the Third
Chap. IX. PROCEEDINGS OF THE UNIVERSITY ENDOWMENT BOARD, 1850. 141
College, and transmitting copies of the Statutes which provided for compensation to certain
Professors, and affixed the salaries of the Masters and Officers of Upper Canada College.
Read a Communication from Upper Canada College Council, with copy of Resolution of the
Council, affixing the sums to be paid to certain Masters and Officers in accordance with the
Statutes passed by the Commissioners of Visitation.
Note. Reports were also prepared by the Caput and by the Visitation
Committee of the University of Toronto ; but, as these Reports embody in sub-
stance that which has already been included in the preceding Reports of the Senate
and Endowment Board of the University, they are not reproduced here.
CHAPTER X
REPORT OF THE COMMISSION OF INQUIRY INTO THE
AFFAIRS OF KING'S COLLEGE, 1850*
The Commissioners, in that portion of their " Final Report into the Affairs
of King's College University and Upper Canada College " relating to 1850 and
later, say : —
As it was found that the system of annual balances, instituted at the commencement, and
carried out until the end of the first period of inquiry, 1828-1839, (say for twelve and a half
years), had now become inexpedient from the great increase in the number of accounts in exist-
ence, and the length of time required for the transcriptions and additions, the precautionary
checkings for tha avoidance of errors, and subsequent tedious and harassing searchings for
trivial discrepancies, added to the fact, that the King's College accounts for each year were in-
terlocked with those of other years, antecedent, or following, so that the exhibition of them in
separate annual periods could not be regarded as a reliable exposition of the affairs of the Insti-
tution for the particular portion of time which they purported to represent, the Commissioners,
with a view to the more early completion of their inquiry, already protracted beyond their ex-
pectations . . . decided upon embracing the whole of the second period, extending from Colonel
Wells' retirement to the 1st January, 1850, nearly ten and a half years, in one general account,
to be completed in one balance ; intending to append to it, for the information of the University
authorities, a general summary, which, for all purposes of fiscal administration, would meet
their requirements.
It is with much regret that the Commissioners, in giving the present detail of the general
course of their proceedings, find themselves called upon to complain of the serious obstructions
cast in their way by the University Senate, on two occasions, by which not only the progress of
the inquiry has been retarded, but the very continuance and completion of it, rendered almost
impracticable. . . .t
From an examination of the Statute of Appointment, it will be perceived that no provision
was therein made for the defraying of the current expenditure of the Commission. This defect
in the Statute proceeded from an imperfect apprehension of the extent and character of the
labour devolved upon the Commissioners, it can be regarded only as proof of the imperfect
knowledge which the King's College Council had of the real state of the accounts ; and, so far
from this misapprehension, as to the formidable extent of the work, and consequent large ex-
penditure in its completion, being entitled to consideration, as a legitimate reason for the
discontinuance of the inquiry, the Commissioners have regarded it as a most conclusive proof of
the very contrary.
* See Chapters I and XI of the Eighth Volume of this Documentary History, (pages 1 and 202).
t See Chapter VIII of this Volume, page 122.
142 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
The King's College Council having become aware that the Commissioners could not proceed
with their inquiry without the assistance of competent accountants, who could not be expected
to wait for their pay till the close of the work, ordered advances of cash to be made by the
Bursar, from time to time, to meet the current requirements of the Commission. No difficulty
was experienced by the Commissioners on this head, until sometime after the coming into action
of the new University Act, by the provisions of which, the College Council was abolished, and a
University Senate appointed to take its place. In April, 1850, the Senate, for reasons not
explained to the Commissioners, forbade any further payments to be made ; and the Clerks of
the Commission were left without provision until the 7th August following; the accustomed
monthly drafts of the Chairman on the Bursar, being regularly declined, when presented for
payment.*
The Senate at length, changed their course ; and the Commissioners were once more enabled
to proceed in their labours, without the apprehension of being deprived of the valuable services
of their Clerks, whose experience in the general work of the accounts rendered their retention
both desirable and profitable.
The Commissioners feeling exceedingly desirous to bring the Inqury to the earliest possible
termination, pressed forward the work with all possible urgency. The office hf>urs, which had
been throughout two hours daily longer than those kept in the University Office, or any other
Public Office in Toronto, were increased yet another hour, and every branch of the work was
closely superintended. ... In the meantime they were called upon, in a Communication from
the Senate, for information as to the probable further duration of the Inquiry, and for state-
ments as to various matters of account and fiscal consideration, to which applications they gave
prompt attention. The reply of the Commissioners to the letter from the Senate is as follows : —
I have the honour to acknowledge the receipt of your Letter, accompanied by a copy of an Official
Communication addressed to you by the Honourable James Leslie, Provincial Secretary, by command
of the Governor General, intimating that His Excellency is desirous of laying before the Legislature a
statement of the amount of the expenses up to the present time, of the Commission of Inquiry into the
affairs of the late University of King's College ; and also a Statement of the progress which has been
made under such Commission : And requesting that you will procure and transmit the required in-
formation.
In compliance with the wish of His Excellency, I am authorized to state that the amount of
money received by the Commissioners from the Bursar of the University up to the 30th day of April,
1850, was £1,429.7.7. — the whole of which was disbursed in payment of wages to Clerks, and in discharge
of accounts for Stationery and other necessary services excepting a sum of £25 drawn by John
Wetneuall, Esquire, the late Chairman, in October, 1848, — the only payment made to any of the Com-
missioners, up to the present time, with the knowledge, or concurrence, of the Board, and considered
warrantable under the peculiar relative circumstances of the Member of the Commission, to whom it
was made, — whose personal expenses, during his attendance on the Commission at a distance from
home, were serious, and should be regarded as entitling him to the consideration of the fiscal Author-
ities of the University. The Commissioners have recently learned that a further payment of £100
was made to this Gentleman by the Bursar, in November, 1849.
I, avail mj'self of this occasion to intimate to His Excellency, that the payment of the month's
wages due to the Clerks on the Slst of May last, drawn for by me, in the usual form, on the Bursar of
the University, and which had always before been regularly met, was refused by that Officer, with-
out any intimation being given to the Commissioners of that intention of the University Authorities
to forbid the payment. On the 29th ultimo, there was due by the Commission, for wages and a few
small accounts £148.14.1. ; And, as it cannot be expected that persons occupying the position of
Clerks in a Service, such as that of a Commission, are prepared for pecuniary difficulties, the Commis-
sioners, would hope that the University Authorities will make prompt measures to remedy this incon-
vience and prevent its recurrences.
With respect to the progress which has been made under the Commission, of Inquiry, I may be
permitted to observe, that the communication of satisfactory information on this head, to any one un-
acquainted with the real nature of the work of the Commission, and the difficulties with which the
work has been complicated, must be an almost hopeless undertaking. Those who are unacquainted
with the confused and irregular state in which the accounts of King's College and Upper Canada Col-
lege have been found by the Commissioners, more especially prior to the entrance to office of the pre-
sent Bursar, may be disposed to think that the period of the inquiry has been unduly protracted ;
but the Commissioners are well satisfied that a very difierent opinion must be entertained by those
who have had the opportunity of informing themselves correctly on the Subject.
During the period extending from Ist January, 1828 to July, 1839, the management of the Uni-
versity may be said to have been devoid of all pretensions to, or even of any attempt towards a
rational system of accounts,— no Books, such as might be supposed to be called for in the conducting
of an extensive business, were kept. The Commissioners have, therefore, been forced to educe from
imperfect and distracted materials the elements requisite or the construction of a regular set of Books,
in principles of double Entry ; And with a view of ensuring accuracy, as well as of afi'ording a satis-
factory exposition of the accounts. Annual balances have, with great labour, been brought out. Yet,
*See Note f on the preceding page.
Chap. X. COMMISSION of inquiry into affairs of king's college, 1850. 143
notwithstanding this precaution, the Commissioners have found it impossible, owing to the mixing up
of the transactions of different j^ears, and other irregularties in the Books of the University to secure
fully the object which they had in view. At the end of the period above alluded to, it became neces-
sary to institute a minute Examination of the entire work of the Journals and Ledgers of the Commis-
sion, in order to rectify, by cross entries, errors which had from the imperfect character of the data,
crept into the accounts, and to educe a general or summarj'- balance, exhibiting the correct state of
the whole University Account, at the period when the management was transferred to the hands of
the present Bursar.
The Commissioners have, infact, been obliged to remake the whole of the Universit}' Accounts,
under difficulties which rendered the labour much more arduous and intricate, than it would have
been to have performed it in the first place ; for it is much easier, under a proper system of Book-
Keeping, to prevent business records from falling into confusion, that to rectify the errors caused by
a bad sj^stem many years after they have been committed, and that too without any aid, or informa-
tion, from those who committed them.
During the period of management of the present Bursar, the Commissioners find no reason to
complain of any lack of industry, or minutiae of details, on the part of that Officer ; on the contrarys
they have had ample opportunity of discovering that the amount of labour, performed by him, has
been unusually great. But, as the system of keeping accounts, still pursued in the College Office if
one of Single Entry, it must be obvious that, under the most careful and unceasing supervision by the
Bursar, much difficulty will be experienced by the Commissioners, in converting the existing accounts
in a regular form of Double Entry.
The Commissioners are reluctant to enter i" to any further details, lest they might appear to be
desirous of anticipating the decision of the public mind on the character and utility of their
labours ; nor would they have ventured on submitting to His Excellency the preceding remarks, did
they not apprehend that they are, at present, called for, and that they may not be unsatisfactory to
His Excellency.
The Commissioners see no possibility of communicating to His Excellency an exact statement of
the amount of work done, and of that yet remaining to be performed. Labour such as that which has
fallen to the Commissioners would be very incorrectly appreciated by the measurements of results, as
exhibited in the reduction of confusion to order, and the establishment of a Simple System of
accounts, from materials of the most unpromising character, A very large amount of preliminary
work, in calculations of instalments of purchase, rent and interest, extending over twenty- two years'
management of an Endowment worth probably not less than £350,000, has been completed. The
Journal work, in which these and all other accounts, real and personal, are classified, had been
completed up to the end of 1840; and is nearly all carried into the Ledgers. The Journal work for the
period from 1840 to the end of 1849, will soon be completed and will be posted in one entry for the whole
period, thus abbreviating the labour by dispensing with the System of Annual balances previously
pursued. The accounts of Upper Canada College are in progress, and though they are found to be in
a state far from satisfactory, the Commissioners hope to have this portion of their inquirj' completed in
time to enable them to furnish their Report upon it, conjointly with that on the afiairs of King's
College.
The Commissioners, after mature consideration of the present position of their investigation, feel
warranted in stating it as their belief, that their labours will be brought to a close in four, or five,
months, if not less. The expenditure on account of wages to clerks will, it is expected, gradually
decrease ; as those engaged in preparing the elementary materials will not be required, and the work
must finally be in the hands of but one or two Accountants. The documutary materials for the
Report of the Commissioners are in readiness, and require only the addition ot the final footings of the
Ledgers to enable the Commissioners to bring together the results of their investigation that portion
of the Report which relates to matters of general managenent, not requiring illustration by reference
to the Ledger footings, is at present in process of preparation.
The Commissioners have felt called upon to observe the strictest possible economy, consistent
with the efficient discharge of their important duties ; the work being one almost entirely of accounts,
it became necessary to place it in the hands of competent Accountants. The Commissioners have
met in quorum only when business of importance required their conjoint action. The general
supervision has been attended to by Visitation ; and for several months past one of their number has
been in attendance during the half of each day, giving such instructions as appeared to be called for,
and taking a part in the labours of the office.
Trusting that the information which I have now communicated will meet the requirements of
His Excellency. Joseph Workman.
Toronto, 3rd of July, 1850. Commissioner of Inquiry into King's College AflFairs.
Note. — Subsequently the remaining Commissioners prepared the following;
Financial Statement, relating to their Expenses, which was inserted in their Final
Report : —
Detailed Statejtnent of all the Sums issued from the Funds of the University to the Commission
appointed to inquire into the Financial Affairs of the University and Upper Canada College, from the
144
DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA.
J 850
20th July, 1848, the date of the appointment of the said Commission to the present day, 24th
June, 1850.
Date.
September 2, 1848
30, "
October 10, "
31, "
November 1, "
1, "
(( 24 "
December 2, "
( ( 22 "
January 12,' 1849
16, "
31. "
February 7, "
March 17, "
17, "
<( 21, "
3l! "
31, "
April 5, "
30, "
.May 21, "
30. "
June 19, *•
30, "
Carried up ... .
Amount.
£ s. d
5 0 0
18 0 0
25 0 0
7 3
2 10 0
20 0 0
4 6
25 0 0
30 0 0
82 0 0
8 9
44 17 6
10 0 0
47 0 0
11 14
5 0
5 0
66 16
1 16
5 0
50 0
0 0
7 6
0 0
58 17 6
£575 19 10
Date.
Brought up
July 31, 1849
August 8, *'
21, "
September 15, "
29. "
29, "
October 10, "
2.3, "
31, "
November 11, "
n 22 "
30', "
December 31, "
January 19, 1850
22, "
February 1 , "
8, "
March 1, "
" 12 '•
2.3' "
30, "
9, "
.30, "
27, '•
Total
Amount.
£ 8. d.
575 19 10
65 0 0
5 0 0
71 0 0
5 0 0
71 0 0
5
0
0
89
5
0
5
0
0
60
0
0
100
0
0
13
13
9
53
5
0
62
9
3
5
0
0
2
1
6
17
6
55
0
0
55
0
0
7
6
75
3
9
77
0
0
0
11
3
85
11
5
0
£1,538
10
4
The probable further continuance of the Commission was a matter of uncertainty ; conse-
quently the inquiry of the Senate on this head, was replied to, according to the best
apprehension which the Commissioners were able to form upon it. The causes of the protrac-
tion of the work, have already been alluded to : they were well known to several Members of the
Senate, and were above the control of the Commissioners, no less than that they had been beyond
their expectations. The fiscal statements required, related to the comparative income and
expenditure of the University, and consisted of two returns : one, showing the aggregate
expenditure and income from July, 1839, to the end of 1849 ; the other, showing the collected
income for the respective years 1848 and 1849. The former was prepared in September 1850,
at the request of the Chancellor, conveyed through the Reverend Professor Beaven, who desired
to have the information submitted to the Board of Visitation for their guidance in certain
matters under consideration ; but though Professor Beaven was duly apprized of its completion,
within a few days after making the request, the return remained for many weeks, uncalled for
by the Board of Visitation. The footings of this Return shewed the aggregate expenditure for
the period mentioned, to have exceeded the aggregate income by £10,140 19s. lid. — The
second Return, furnished in December, 1850, shewed the excess of expenditure over income to
have been, in 1848, £2,942 8s. 6d. ; and in 1849, £2,955 lis. 9d.
The Commissioners consider themselves called upon to sta<-e the above facts, in order to-
shew that the Univeisity authoritits were aware of the advanced state of their work ; for it
would not have been possible to furnish the rt- turns referred to, had the work of the CommissicHi
accounts not been far advanced.
The Commissioners have extended these prefatory details to much greater length than they
could have desired ; but the position which they have occupied during a considerable part of
the period of their inquiry has been of a peculiar character, and has appeared to them to
justify, if not to demand, such a detail of facts as they nave here, endeavored to give. They
have never doubted that when the true nature and extent of their labours shall have been fully
understood, a proper estimate of its value and importance will be entertained ; and that none
will, in the end, more highly appreciate their work than the Officers and Authorities of the Uni-
versity Relying, therefore, with the utmost confidence on the final approval of their entire
conduct, they now submit the following statement of the leading facts which have come under
their observance and appear to call for notice.
Chap. X. COMMISSION OF INQUIRY INTO AFFAIRS OF KING'S COLLEGE, 1850. 145
The General Summary of the University Finances, 1843-1850.
The General Summary, compiled from the Final Balance of the Accountant, and here intro-
duced as the closing section of the Report of the Commissioners, exhibits the present state of
the affairs of the University.
From the footings of this stateiaent it will be seen, that out of a total capital of £336,930
19.8, realized, or at the command of the University Authorities, there have been totally
alienated, in current expenditure and losses, £166,319 11 8, leaving a balance of £170,811 8 0
of assets of various sorts.
These assets, of course, stand rated at the figures representing their original costs, as intro-
duced into the accounts. The present value of some of them is, no doubt, greater than the cost ;
but that of others must be correspondingly less. The Commissioners are not, however, called
upon to furnish an inventory of the University effects ; neither could they pretend to be com-
petent to do so. They consider that they shall have discharged their duty, under this head, by
exhibiting the distribution of the funds under the various heads of investment in which they
have been placed. It is, however, their duty to state, finally, in closing their work of investi-
gation, that they consider the amount of money which has been alienated from the Trust,
altogether disproportioned to the extent of benefit conferred upon the public by the University,
and that the affairs of the Institution might have been so managed as to have secured to the
youth of Western Canada much greater advantages than they have hitherto derived from the
munificent endowment bestowed upon it by a paternal Sovereign.
The Statement of Expenditure and Income following the General Summary, shows the true
fiscal condition of the University, for the last seven years, prior to 1850, or during the period in
which it has been in operation as an educational establishment. From this Statement, it will be
observed, that the current expenses of the Institutior? have largely exceeded its proper annual
revenues. The total of the excess of Expenditure over Income, for the above period, has been
no less than £19,332 14 8. Under a continuance of such mismanagement, it is obvious that in
course of some years, the capital must have been seriously decreased and the Institution
reduced to a state of comparative fiscal weakness.
The Commissioners, in this statement, have included under Income, every item of revenue
properly appertaining to this head ; and under that of Expenditure, only those disbursements
which have been made for services, leaving no asset as a representative, as salaries, wages,
charges, etcetera.
The General Abstract Statement of the Lands of the University, which the Commissioners
have, with much care, compiled, and now submit, in connexion with the General Summary,
shows the present state of the Endowment, so far as can be understood from returns in figures,
of the quantity of Land originally held in the various Townships in which the Lands were
situate.* A proper estimate of the real value of the residuary Lands cannot, however, be
arrived at without a complete and thorough inspection of them by efficient and trustworthy
valuators. It is much to be feared, that the quality of the unsold lands is not equal to that of
the sold Lands ; and it is to be regretted, that so great a proportion of the whole estate has
been disposed of before the Institution has yet passed through its infant stage of existence.
Toronto, December, 1850. Robert, G. Burns, \ Commissioners for Inquiry into
Joseph, Workman, j King's College Affairs.
* These " General Abstracts" are so voluminous that I have not appended them to this Statement. They are given in
full detail on pages 53-77 of the Commission's " Final Report," printed in 1852.
10 D.E.
146 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
CHAPTEE XI.
PROCEEDINGS OF CERTAIN CHURCHES ON UNIVERSITY MATTERS.
I. THE PRESBYTERIAN CHURCH OF SCOTLAND-REPRESENTING QUEEN'S
COLLEGE, KINGSTON, I860.
I. Statement, of the Board of Trustees of the University of Queen's College,
Kingston, of Their Reasons for Resolving to Carry on That Institution in
Conformity With its Royal Charter, Irrespective op the (Baldwin) University
Act of 1849.
At a Meeting of the Board of Trustees of the University of Queen's College, Kingston,
held on the Fifth day of March, 1850, an extract from the Records of the Commission of Synod
of the Presbyterian Church of Canada, in connection with the Church of Scotland, dated the
11th of October, 1849, was read to the effect : That the Commission, having had under their
consideration a Paper transmitted to the Synod by the Trustees of Queen's College, anent the
best course to be pursued in regard to the College, had appointed the Reverend Doctor Machar
and the Reverend Professor Romanes a Committee to draw up, for general circulation through
the Church, a Paper containing a full Statement of the reasons which have induced ihe Board
of Trustees of Queen's College to resolve, that they shall use their utmost exertions to carry on
that Institution in conformity with its own Charter.
The Committee, appointed by the Commission of Synod to prepare a Statement (in terms of
the said extract) laid before the Board of Trustees of Queen's College the Statement which they
had prepared, which was then read and approved ; and the Committee were requested to take
such steps as may be deemed necessary to give to it the widest circulation. The following is a
copy of this Statement : —
Statement Prepared by a Committee of the Commission of the Presbyterian Synod.
I. The Trustees of the University of Queen's College, having resolved to carry on the Institu-
tion, in conformity with its Royal Charter, irrespectively of the University Act passed last
Session of the Provincial Parliament, think it proper to present to the people of this Country
the reasons which induced them to come to this Resolution.
II. It must be premised, that the Act of 1849, lately passed, is not only entirely different
from, but, in all essential respects, quite opposite to the Measure brought forward some years
ago by the Government of this Province* These former Measures recognized Religion as the
proper foundation and attendant of Education : the last one — that of 1849 — aims at their total
separation. The former ones provided for the incorporation of the several Colleges as integral
parts of the University, and for a participation, bp Queen's College in the Public Endowment ;
the last, — that of 1849, — gives but a mere shadow of representation to the several Colleges
that may agree to the Measure, and no share whatever of the Endowment.
III. Although the Trustees of Queen's College, anxious to promote a peaceable settlement
of the University Question, would have agreed to the plan of union proposed some years ago,
notwithstanding several serious objections, to which such a plan is liable, yet, from the entirely
different character of this new Measure of 1849, the apparent impossibility of procuring a union
of Colleges on Christian, or equitable, principles, and the rapid increase in the population of the
Country, calling for additional Seats of Learning, they have, on mature consideration of the
subject, come to the conclusion to maintain Queen's College not only for instruction in Theology,
but for all the purposes for which it was originally established in 1842.
IV. The objections to the new University Act of 1849 and the reasons for maintaining
Queen's College, according to its Royal Charter, may be comprised under the following heads : —
(1.) The irreligious character of the Act of 1849, referred to. Not only is the teaching of
Theology prohibited in the University of Toronto, but all forms of Divine Worship, all Public
Prayer,— everything that can remind either Professors, or Students, of God, and the duties we
owe to Him, — of our responsibility and obligations, — are rigidly and peremptorily excluded.
And, as no test whatever is required of the Professors, not even belief in the existence of God,
*The University Measures " brouj?ht forward by the Government some years ago, were those of 1843, 1845, 1846 and
1847. See the Volumes of this History relative to those years.
Chap. XI. PROCEEDINGS OF CERTAIN CHURCHES ON UNIVERSITY MATTERS. 147
there is nothing in the Act to prevent Infidels, Atheists, or persons holding the most dangerous
and pernicious principles, from being entrusted with the instruction of youth at that time of
life, when evil impressions are most likely to be made upon their minds.
(2), Another objection to this Measure is, that, while the Act thus bani^es the very
semblance of Religion from the University of Toronto, it makes no improvement, and no pro-
vision for improvement, on the existing system of literary and scientific instruction. It leaves
entirely unreformed what chiefly stood in need of reformation. It leaves the management
nearly in the same hands as formerly. There is, indeed, a show of alteration by the addition of
several Members to the Governing Body, but all who are acquainted with such subjects will, at
once perceive, that, in all practical and essential respects, the management will be the same as
before.
(3.) The Act is liable to this further objection, that, even, although, it made the best
provision for the efficiency of the University, yet the confining of all the means of University
■education to one place, and one set of teachers, will, of itself, very much impair that efficiency.
In education, more than in any other subject, a wholesome rivalry, a generous competition is of
paramount importance ; in this department of education the deadening eff'ects of monopoly are
more apparent than in any other. And, if such a system would be at once condemned, if at-
tempted to be applied to ordinary trade, or commerce, what reason can be assigned for applying
it to a subject of such immensely higher importance as the education of our youth,
(3) To confine to one particular place the means of a higher education appears no less
injudicious and impolitic than unjust. A Country of such immense extent, and increasing so
rapidly in population, most assuredly requires more than one University. To require all the
youth of the Province to travel to Toronto to obtain Education is, in fact, to pass sentence of
■exclusion against the greater part of them. Even in countries of far less extent, it is found
indispensable to establ sh Universities in many different localities ; as for example, in Scotland,
where four Universities have long existed and are all fully attended. Already the population of
this Country is equal to that of Scotland, when her four Universities were established, and we
cannot doubt that Canada will, at no very distant day, number a population far exceeding that
which Scotland even now contains.
(4) There is every reason to fear that, if Queen's College were to cease operations, as to its
literary and philosophical department, the progress of nearly all those young men who are now
studying with a view to the Ministry would be stopped. Of these there are uow nearly twenty
in different stages of advancement. Many of them from different causes could not attend at
Toronto. At Queen's College every possible exertion is made to render attendance there as
cheap as possible to students for the Presbyterian Church. They are entirely exempted from
class fees, not only at the Divinity Classes, but from the very commencement of their College
course ; and the Boarding Establishment, while possessing every needful comfort, is conducted
with such strict economy, that the expenses of the students per session amount only to a very
moderate sum. The time of attendance is so arranged as to permit young men to teach, or be
otherwise employed, during the summer. None of these advantages could be expected by them
at the University of Toronto ; the full amount of fees and dues would be enacted ; they would
have to board themselves in as expensive a manner as other students ; and the times of attend-
ance are such as to prevent any other occupation; so that none could attend but those who possess
independent means, or whose friends are able to maintain them during the whole College course.
Besides all this, the Bursaries, now pretty numerous, granted by individuals, or bodies interested
in the welfare of the Presbyterian Church, would, in many cases, not be given to students
attending an Institution like the University of Toronto, in which these individuals, or Bodies,
might not place any confidence.
(5.) The number of students at Queen's College,and the almost certain probability of further
increase ought to induce us to maintain it. After the (Free Church) secession in 1844, only
ten students attended ; the number now is thirty-five, and the number anticipated next Session
is fifty. The increase in the Preparatory School, which may be safely regarded as an indication
of the future increase of the College, is most encouraging. In 1846, when the School re-opened,
there were but six scholars. The number now attending is fifty, — nearly all engaged in such
studies as will fit them for College ; and from this source alone a constant annual influx of well
prepared students may be expected. The fact that A^e can now point to upwards of eighty, and,
probably next Session, to one hundred, of the youth of this Province enjoying the benefits of
a superior education in connection with Queen's College must undoubtedly tend to give the
Institution very strong claims on the assistance of the Legislature and the countenance of the
community generally.
(6) The Roman Catholic Church has made Kingston the principal seat of their educational
operations in Upper Canada, for which purpose it is admirably fitted by its central situation and
the easy access to it from all parts of the Province. Should Queen's College be given up, as a
Literary Institution, there would be no Protestant College in the whole vast distance from
Montreal to Cobourg ; and thus the whole of the superior education of those large sections of
148 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
i
Country, of which Kingston is the natural capital, would be made over to a Roman Catholic
Seminary.
(7) The manner in which the new Measure of 1849 has been received by the Country givea
no hopes for its ultimate success. All the most numerous and influential Denominations of
Christians have declared themselves most decidedly opposed to its principle. The adherents of
the Church of Scotland, especially, look upon it with suspicion and dislike. Indeed, a Measure,
so utterly opposed to Christianity, and so repugnant to the principles and practice of Presby-
terianism, could never be expected to secure their confidence. The Church of Scotland ha»
always held that education, from its lowest to its highest stage, ought to be founded on Religion,
upon which all the real prosperity of individuals and Nations depends. And there is reason to
believe, that not only the Members of that Church, but many parents who belong to other
Religious Denominations, will prefer sending their children to Queen's College, rather than to
one where every vestige of Religion is proscribed, and is studiously and purposely rejected.
V. The Royal Charter granted to King's College, in 1827, and the Endowments therewith
connected, having been given expressly '* for the instruction of youth in the principles of the
Christian Religion," as well as in Arts and Faculties, it is held by many, whose opinions are
entitled to attention, that the Endowment cannot be Legally, or Constitutionally, diverted from
that purpose, such a change not being an amendment, but a subversion of the Charter. But,
leaving this to be determined by more competent authority, our duty is clear. Whatever other
Protestant Denominations may see it proper to do in the present crisis, it seems to be the impera-
tive duty of the Trustees of Queen's College and of the Ministers and Members of the Presby-
terian Church in this Land to maintain, to the utmost of their ability, an Institution so important
to the Church and to the whole Country as Queen's College, and to extend, in every possible
way, its means of usefulness that so there may be in this great Province at least one University,
where Literary and Scientific instruction shall be combined with Religion ; where the Divine
Blessing is daily implored upon the labours of Professors and Students ; and where Divine
Truth is revered as the best and highest object of contemplation for the human mind, and the
surest guide in the conduct of life.
II. Regulations for Queen's College, Relating to the Admission and Attendance of Students.
1. The Session or Academical year shall commence on the first Wednesday in October, and end
on the last Thursday of April. There shall be a recess at Christmas, and another at Easter. The
duration of these to be fixed by the College Senate.
2. No one shall be entitled to rank as a Student who has not been matriculated ; that is, whose
name has not been placed on the Album, or Register, of the University by the Secretary of the Senate,
and by their authority.
3. Every person applying to be matriculated for the first time, shall undergo an examination before
the Senate*, and, if the candidate does not display such a proficiency in these elementary subjects of
examination as to warrant the expectation that he will pursue his studies with success, it shall be
competent for the Senate to refuse his admission. The Senate shall have power to rank a Student,
even at his first entrance as a senior one, provided that he display such proficiency in the subjects of
examination as shall fully warrant his being so ranked ; such indulgence to be granted only in those
cases where the Student exhibits a degree of proficiency decidedly above the average rate of intrants.
4. When a Student of a former year applies for matriculation, he shall be examined by the Senate
on the studies of the previous Session, or Sessions, and also in regard to the improvement he has made
during the vacation by private study ; and if it shall appear that he has been negligent, it shall be
competent for the Senate to place him in the same situation in regard to standing as he held the
previous Session.
5. Every Student, at the time of his matriculation, shall subscribe a declaration of obedience to
the authorities and laws of the University.
6. Every Student, at the close of the Session, shall apply to the Professors, on whose instructions
he has attended, for Certificates attesting the regularity of his attendance, his proficiency and diligence.
The nature of these Certificates shall form an element in the judgment of the Senate as to the person's
standing for that Session.
7. Any Student, who shall have been absent from the classes during such time, or times, in the
course of one Session as shall amount to thirty days, without leave obtained, or cause shown, shall be
held and accounted as not having attended that Session.
8. Any Student, who shall have been absent from the classes during such time, or times, in the
course of one Session, as shall amount to fifteen days, without leave ob^^ained, or cause shown, shall be
held and accounted as having given only partial attendance that Session, which, in regard to standing,
shall count only as half of a regular Session.
*The subjects of examination are at present ; the first three Books of the ^neid of Virgil ; the first three Books of
Caesar's Commentaries ; Mair's Introduction ; the Greek Grammar ; and Arithmetic, as far as Vulgar and Decimal Fractions,
inclusive.
Chap. XL PROCEEDINGS OF CERTAIN CHURCHES ON UNIVERSITY MATTERS. 149
9. Any Student, who, from ill health, or other necessary cause, to be approved of by the Senate
shall have been compelled to be absent from the classes during such time or times, in the course of
one Session, as shall not exceed two months, shall be held and accounted to have attended regularly.
But, if the time of absence exceed two months, his attendance shall be regarded as partial ; and if the
time of absence exceed three months he shall not be regarded as having attended that Session.
10. Cases of an urgent, or peculiar, nature, in regard to attendance and absence, may be adjudged
upon by the Senate, according to the circumstances of each case.
11. Students coming from other Universities may be admitted to the same standing in this that
they held in the University to which they formally belonged, provided that due regard be had to the
number and duration of the Sessions, or terms, in such other University ; and provided also, that the
applicant display a degree of proficiency corresponding to the standing which he claims.
12. Every applicant for admission shall produce a Certificate of good Moral and Religious character
from the Minister of the Congregation to which he last belonged, or, if there be no regularly ordained
Ministsr in his vicinity, from the nearest magistrate, and the names of the persons granting such
Certificates shall be entered in the Albun of the University.
13. No Religious Test, or qualification of any kind shall be required of any Student entering the
University ; but it is expected that every Student will pay due reverence to the Ordinances of the
Christian Religion, and attend some place of Public Worship.
(Chapter II : In regard to Discipline, is Omitted)
Chapter hi, in regard to degrees in queen's college.
1. The Curriculum, or course of attendence on the Literary and Philosophical Classes for Students
who intend to compete for the Degree of Bachelor of Arts shall be three Sessions attendance. The
couse of study shall be as follows : —
1st Year. — Junior Latin — Junior Greek ; Junior Mathematics.
^nd Year. — Senior Latin — Senior Greek ; — Senior Mathematics ; Natural Philosophy.
Srd Year Third Greek ; Natural Philosophy ; Moral Philosophy ; Logic and Rhetoric ; and with
Third Latin or Third Mathematics, as may be determined in each case by the Senaters.
Students having it in view to study for the Ministry, whose circumstances do not permit them to
attend during a seven months' Session, and whose case shall have been specially certified and recom-
mended by the Presbytery within whose bounds they reside, may enter on, or before, the first Wed-
nesday of December, and their course shall be completed in four Sessions of six months each.
2. The time for the examination of candidates for Degrees shall be fixed by the Senatus, and
public intimation thereof given in the several classes ; and all candidates shall, within ten days after
such intimation, signify their intention to comejforward, either to their respective Professors, or to the
Secretary of the Senate.
3. The subject and manner of Examination shall be determined by the Senate. The Examina-
tion shall take place in presence of the Senate, and shall consist partly of written questions and trans-
lations and partly of viva voce Examination. The subject of Examination for Degrees tor each Session
shall be appointed by the Senatus and entered on the Minutes of the Board of Trustees of the College.
4. If any of the candidates distinguish themselves by an uncommon degree of proficiency, either
in Classical, or mathematical studies, or in both, it shall be competent for the Senatus to express their
sense of such high merit by honourable mention of such candidates' names in the published List of De-
grees conferred.
5. No student shall be entitled to come forward as a candidate for the Degree of Master of Arts,
unless he has obtained the Degree of Bachelor of Arts, and had his name on the Books two Sessions,
after taking such Degree. In other respects, the Regulations, in regard to the Degree of Master of
Arts, shall be the same as those regarding the Degree of Bachelor of Arts.
6. Graduates of other Universities, or any other distinguished persons, shall be admissible to
Honorary Degrees.
7. The Fees payable on obtaining Degrees and the application of said fees shall be determined by
the Senate.
Form of Declaration to be subscribed by Students at time of matriculation : —
I, , being now admitted as a Student of Queen's College, do hereby solemnly and sincerely de-
clare and promise that I shall, at all times, render due respect and obedience to the Principal, Profes-
sors and other Authorities of the University, and strictly observe and obey the Laws and Statutes
thereof, (as enacted and administered by the Senatus Academicus,) that I shall apply myself carefully
and diligently to the studies in which I am to engage, and perform, to the utmost of my power and
ability, the exercises prescribed ; that I will conduct myself in a courteous and peaceable manner
towards ray fellow Students ; and that I shall always maintain and defend the rights and privileges of
this College, and never seek, in any way, or manner, the hurt or prejudice thereof.
The following are the subjects for Examination for the Degree of Bachelor of Arts— for Session
1849-50 : Cicero— Orations. Horace, Odes and Epistles. Xenophon, Memorabalia. Homer's Iliad,
First 12 Books, Sophocles, Oedipus Tyrannus. Euripides. Hecuba and Medea. Euclid, First Six
and 11th and 12th Books. Hind's Algebra ; Playfair's Plane Trigonometry. Snowball's Plane and
150 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA 1850
Spherical Trigonometry. Whewell's Doctrine of Limits ; DiflFerential and Integral Calculus. Whately'&
Ix)gic and Rhetoric. Paley's Moral Philosophy. Wayland's Elements of Morality, Earnshaw's Statics.
Arnott's Physics, Herschell's Astronomy, Paley's Evidences of Christianity, and generally the subjects-
of Study throughout the course
III. Educational Proceedings of the Synod of the Presbyterian (Cburch of
Scotland), 1850.
Jvly 3rd 1850. The Synod proceeded to the election of two Trustees for Queen's College at
Kingston, in room of the Reverend Robert McGill, and the Reverend James Williamson, A. M., who
retire from Office at this time, according to the terms of the Royal Charter of Queen's College, when,
the same gentlemen were re-elected.
July 4th 1850. The Synod appointed the following Committee to take the whole state and con-
dition of Queen's College into consideration, and report on such action as may be deemed necessary in
regard to the same by this Synod, videlicet :— The moderator, (Reverend William Bell of Perth), and
Seventeen other Members of Synod.
July 6th, 1850. The Synod called for the Report of the Committee appointed to consider the
state of Queen's College, which was given in. After discussion, the following Deliverance was.
agreed to :
The Synod, having heard the Report of the Committee appointed to consider the state of Queen'fr
College, agreed to approve and adopt the Minute of the Commission of Synod, held at Kingston on
the 11th day of October, 1849, anent Queen's College [which is inserted on page 146 of this Chapter]
July 9th, 1850. The Commission of Synod also recommended that this paper should contain a
statement of the financial aflfairs of the College. The Commission further recommended that the Rev-
erend Principal Liddell, as soon as convenient after his arrival in Canada should visit all the Congre-
gations within the bounds of the Synod, to explain the course of proceedings which the Board of Trus-
tees of Queen's College have deemed it proper to pursue, and to set forth the duty of such parents as
have the means, to give a Collegiate Education to their sons. And further, the Commission recom-
mended the Presbyteries should co-operate with the Trustees of Queen's College in the exertions that
may make to obtain subscriptions and collections in aid of the College Funds."
The Synod, further, resolved anew to give their best aid to the Trustees of Queen's College
to maintain the Institution ; and, with this view, the Synod ordain that the support of Queen's
College shall henceforth be one of the permanent schemes of the Church, in aid of which collect-
ions shall be annually made in all the Congregations belonging to the Synod ; that, for the
present year, collections in aid of the Funds of this Institution shall be taken up in all the
Congregations throughout the bounds of the Synod at an early day ; that Ministers do earnestly
recommend the interests of Queen's College to their people, not only in regard to increasing ita
funds, but also in the way of promoting a larger attendance of students ; and that, in conjunction
with the Board of Trustees, one or two Ministers be appointed to visit the principal Congrega-
tions of the Church, and advocate the cause of the Institution.
The Synod called for Returns from Presbyteries on the Act anent the course of study for
the Holy Ministry, and, in accordance with the opinions of Presbyteries, the said Act, embodying
the amendment proposed at the last meeting, was adopted as a standing Law of this Church
and is as follows : —
Whereas it is expedient that the course of Study to be henceforth pursued by those who look
forward to the office of the Holy Ministry in the Presbyterian Church of Canada, in connection with
the Church of Scotland, should be more definitely prescribed than it has heretofore been : It is hereby
enacted, by the Synod of the aforesaid Church, that the literary and scientific Course of Study shall
embrace three Sessions' attendance on the classes of Queen's College ; each session to consist of seven
months ; the classes to be attended in the following order : —
Ist year. Junior Latin, Junior Greek, and Junior Mathematics.
2nd year. Senior Latin, Senior Greek, Senior Mathematics, and Natural Philosophy.
m-- 5^^y^*^' ^^^"^.^ Greek, Natural Philosophy, Moral Philosophy, Logic and Rhetoric, and with
Third Latm, or Third Mathematics, as may be determined, in each case, by the Senators of the College.
But students where circumitances do not permit them to attend Sessions of seven months each,
and whose case shall have been specially certified and recommended thereto, by the Presbytery within
whose bounds they reside, shall be allowed to attend Sessions of six months each, provided they attend
four such sessions ; the Classes to be attended in the following order :—
1st Year, Junior Latin, Greek and Mathematics.
2nd Year, Senior Latin, Greek and Mathematics.
3rd Year, Third Latin, Greek and Third Mathematics and Natural Philosophy.
4th Year, Logic, Rhetoric, and Moral Philosophy.
Note. Several pages of the Synod Proceedings, relating to purely Theologi-
cal Education, are here omitted.
Chap. XI PROCEEDINGS OF CERTAIN CHURCHES ON UNIVERSITY MATTERS. ] 51
II. THE METHODIST OHURCH, — REPRESENTING VICTORIA COLLEGE,
COBOURG.
The passage of the Act for the removal of the Site of Victoria College from
Cobourg to Toronto* gave rise to a variety of statements and rumours. The
questions on the subject which were publicly discussed were, (1), as to whether
the College was to be discontinued, or (2), converted into a purely Theological
Institution, or (3), be formally affiliated with the University of Toronto, just then
established.
In order to inform the public as to the correct facts of the case, the Reverends
John Ryerson and Enoch Wood, Visitors of the College, and Members of its Board
of Management, issued the following Address on the subject.
It will be noticed that this Address enters fully into the discussion of the
general question of the desirability of establishing arid maintaining in efficiency a
denominational, and yet a non-sectarian. Institution, like Victoria College. It also
points out that the unsettled state of the University Question has had a some-
what paralyzing effect upon the operations and efficiency of the College, and that
the unsatisfactory nature of portions of the Baldwin University Act of 1849
rather increased, than diminished, these difficulties.
Christian Brethren and Friends, — We feel it to be our duty to address you briefly on
the subject of Victoria College. Statements have appeared in certain of the public prints, which
demand correction, and circumstances have occurred which require explanation. The College
needs your support, and we desire to lay before you its claims.
1 . As to the statements respecting the discontinuance of the College, or a determination to
discontinue it, they are without the slightest foundation in truth, . . . The sole object which those
who have had the chief responsibility and burden in managing and sustaining Victoria College,
have had in view, is the usefulness of the Institution, in connection with the common interest
of our Country, — and this will appear from the following facts : —
2. The Institution was not established upon any exclusive principles. Many of the Instruct-
ors, who have been employed in it, from time to time, have been Members of other Religious
Persuasions than that of the Wesleyan Church, great numbers of youth of various Religious
Persuasions have been taught within its walls ; and the spirit of an exclusive, or narrow-minded,
sectarianism, has never characterized the proceedings of its Authorities. Its Chartert does
not permit the application of Religious Tests in the admission of students, but simply requires
the teaching of Science and Literature on Christian principals. The management of the Insti-
tution has been in harmony with the provisions of the Charter, — the youth taught there hav-
ing been required to be regular in their attendance at their respective Places of Worship, and the
daily instruction and discipline administered to them being such as to promote their best intel-
lectual, moral, temporal and everlasting interests. Victoria College, though strictly a Wesley an-
Methodist Institution in its origin, proprietor-ship, and character, has essentially contributed
to the general interests of Christian Education in Canada during the last fifteen years.
3. The buildings were erected nearly Twenty years since, and a Royal Charter was sub-
sequently obtained, (in 1836), not for an University College, but for "The Upper Canada Aca-
demy ", X — an Institution designed to impart a practical scientific English, and thorough ele-
mentary Classical Education, with a due regard to the Christian principles and morals of youth.
Such an Institution was a desideratum in the Country at that time ; and the exertions and
sacrifices made to establish it, were in advance of any denominational effort of the kind, which
had ever been made in Upper Canada. § Some years afterwards, there appearing but little
*A copy of this Act will be found on page 53 of this Volume. The reasons for its removal are given in a Memorial to
the Legislature by the Board of Trustees, and printed on page 20 of this Volume.
t Printed on pages 57-61 of the Fourth Volume of this Documentary History.
X A copy of this Charter will be found on pages 268-272 of the Second Volume of this History.
§ The fourteenth paragraph of the Report of the Hou^e of Assembly, on the application of the Authorities of Victoria Col-
lege for aid to that Institution, which was adopted by that House on the 2l8t of February, 1838, is the foundation for this
statement : That Report says :—
" The exertions of the Wesleyan Methodist Church in the accomplishment, so far, of this object, [the establishment of
the Upper Canada Academy,] are unparallel ; and, in the words of the Report of the House of Assembly of February 9th,
1837, 'it is the gratest undertaking hitherto successfully prosecuted in this Province by means of voluntary contributions
alone. ' "
152 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
- I
prospect of any other than [King's College] a sectarian University College, instead of a truly
provincial one, being endowed at Toronto, the Upper Canada Academy was incorporated as an
University College in 1841, still, however, retaining the English and elementary Classical
Departments in the Institution.
4. But before arrangements had been completed for the proper organization and eflfecient
operations of the Institution, upon the more comprehensive basis of an University, as well as a
preparatory College, the question of the endowed College at Toronto was taken up by the Gov-
ernment and brought before the Legislature, with a view to establish one University upon broad
Christian principles for the whole Province. The authorities of Victoria College made no op-
position to such a policy, — raised no party cry, — erected no sectarian standard against a Pro-
vincial University ; but evinced, by resolutions adoped in 1843, * and 1845 t 1847, I a disposi-
tion to co-operate in any just and practical arranq^ement, by whatever party proposed, which
would secure to the Country an efficient Christian System of University, as well as Common School,
Education.
5. The *' University Question" continuing to be agitated, and without the passing of A single
Bill by the Legislature with a view to its adjustment, from 1843 to 1849, our Conference has
been kept in a state of suspense from year to year, as to the course which duty might dictate in
regard to the relations and interests of Victoria College. To secure proper Professors and
Masters, and sustain the Institution as an University College, as well as a Classical Academy
and Scientific English School, required a very considerable endowment, in addition to the pitt-
ance of Five Hundred pounds, (£500,) per annum granted by the Legislature.
6. In the neighboring States, no University College can be sustained for a single year with-
out an income of several thousand dollars, by collections, subscriptions, or grants, or all united,
in addition to the fees of students. But the unsettledness and doubt connected with the Pro-
vincial University Question, prevented our Church from adopting any decisive and final course
of proceeding in regard to Victoria College. The necessary steps could not be taken to provide
for the full support of all the professorships and masterships required in the Institution, in its
comprehensive character, without assuming a position, and making avowals incompatible with
acquiesence in any Provincial University system. Yet duty and honour required, for the time
being, that instruction should be provided in the several branches of a Collegiate course, as well
as in the preparatory departments. To do this, required expenditures beyond the current
receipts of the Institution.
7. The expectations of the final settlement of the University Question were year after year
disappointed. At length, a Bill, designed to settle the Question passed of the Legislature
and became a law in 1849. Some of the provisions and features of this Act were such as to leave
our Church no alternative other than adopting efforts for ths permanent establishment of Vic-
toria College as an University College. But early in the present year, circumstances occurred
which appeared to revive the hope of so modifying the University Act of 1849 as to place the
Toronto University upon a foundation that would render it worthy of the confidence and sup-
port of all Religious Persuasions.
8. The question again presented itself, whethf^r it would not be our duty, in such an event,
to unite in a Provincial University ; for, if it be the duty of a State to establish Public Educa-
tional Institutions, it is the duty of all classes in the State to support them. To do so would
require two things, (1) the removal of the site of Victoria College from Cobourg to Toronto, and
(2), the surrender of the power of conferring degree in Arts and Science, except in Theology.
In such a relation the Literary Department of the Institution would be the same as that of the
former Upper Canada Academy, imparting a thorough Scientific English Education,— educating
youth in the elementary Classics and Mathematics, either for the University, or for practical
life,— taking a due oversight of the Religious and Moral interests of those young men of our
own Church who might be pursuing their course of higher education in the University, and also
providing for the more thorough Theological training of Candidates who might be recommended
by local Quarterly and District Meetings of the Church for the work of the Ministry. Thus
would the original objects in procuring the subscriptions and erecting the Buildings for the
Upper Canada Academy be accomplished,— the educational wants of our Church would be pro-
vided for, and the interests of the Country would be promoted.
9. The removal of the Site of Victoria College from Cobourg to Toronto, would involve the
disposal of the present Premises and Buildings, and the procuring of new ones. It was suggested
by a disinterested party, that the present Site of the College might be suitable for a Provincial
Juvenile House of Correction, similar to one which has been erected on the South side of Lake
Ontario, at Rochester, for Western New York, and that they might be disposed of for that pur-
pose, at a valuation by competent and disinterested judges, selected by each of the parties con-
* Pages 19-25 of the Fifth Volume of this Documentary History.
t Pages 103-106 of the same Fifth Volume.
J Pages 42-54 of the Seventh Volume of this History.
i
Chap. XL PROCEEDINGS OF CERTAIN CHURCHES ON UNIVERSITY MATTERS. 153
cerned, — thus promoting the public interests, and not subjecting those of our own Church to
an unreasonable sacrifice. This matter, honourable, as it was, to all parties concerned, has been
made the subject of low and mean insinuation by persons of low and mean aflinities.
10. Such being the state of things in June last, when our Annual Conference was held in
Brockville, it appeared doubtful whether the present position of the College should be continued,
•or not, or whether it would be most advisable to resume its exercises the ensuing Sessions at
Toronto, or Cobourg. It has only been within the last two months, that it has been finally
determined by the Board of Victoria College to continue the operation of the Institution another
jear at Cobourg. ■**■
11. Under these circumstances, it has not been thought advisable at the present juncture to
set on foot any general plan for raising a Fund to provide for the future operations of our
•College in a manner commensurate with the standing and wants of one of the largest Religious
Persuasions in Upper Canada. Some embarrasment has been experienced, on account of the
absence of the Principal, (the Reverend Doctor Mathew Richey,) whose state of health required
a year's retirement from active duties, as well as from the circumstances above referred to.
12. We are persuaded that nothing more is required than this simple statement of facts, to
satisfy the Members of our Church, and all the friends of Victoria College, that nothing has
been wanting on the part of thoee, on whom has devolved the arduous and difficult task of
managing its affairs, in doing the best in their power for the interests of the College, of the
Church, and of our common Country, in the delicate and unusual circumstances in which they
have been placed.
13. Whether the operations of the Institution shall hereafter be permanently continued at
Cobourg, or transferred to Toronto, all parties concerned may be assured, that the original ob-
jects of the Institution will be kept in view, and that the best interests of the youth entrusted
to its instruction will be consulted by every future arrangement. The immediate oversight of
the College has been committed during the present year, (in the absence of the Principal,) to
Brethren of acknowledged ability and tried integrity — to the Reverend Lachlin Taylor, as the
Pastoral Governor and Professor of Moral Philosophy ; the Reverend Samuel S. Nelles, A. M.,
as Classical Professor, in addition to the former Professors of Mathematics and Natural Philos-
ophy, and a Teacher in the elementary English Department.
14. Though the first term of the new Collegiate year commences in the present week,
students will be admitted until the first week in November. We hope, therefore, that all those
whom we address, who are desirous and able to provide for their sons an education, at once
solid, practical arid Christian, will send them without delay, to an Institution endeared to every
Member and friend of our Church by so many weighty considerations.
John Rybrsox ) ^. .
Toronto, September, 1850. Enoch Wood \ ^isi'^o"-
Keverend Doctor Byerson on the Removal of the Site of Victoria
College from Cobourg. — Historical References.
In replying to a statement, in a local Newspaper, that Doctor Ryerson had
advocated the passage of " one or more Resolutions to dispose of Victoria College
at Cobourg, and to establish a Divinity School at Toronto," he said : —
" That there was not a single particle of truth in that statement as I never made, or thought
of making, such a proposition, at any time or place, in any shape or form.
"At the annual Board and College Meeting in Hamilton, in June last, (1850,) some conver-
sation took place in connection with the subject of the Baldwin University Bill of 1849, as to
the nature of its provisions, the duty of the Conference respecting it, and the efi"ect it might have
upon the position and prospects of Victoria College. No one had any authoritative, or precise,
information as to the provisions of the Bill as it finally passed the Legislature; and it was suggested
that no action should be taken by which the Conference, or the Authorities of the College would
"be committed for, or against, the Bill, but to remain free to act, as might seem best at any future
period ;— that, if the Christian and practical features of the Bill were such as accorded with the
principles and interests of the Wesleyan Church, it would be the duty of the Conference to
^quiesce in the decisions of the Legislature. The conversation was general ; I have no recol-
lection of any definite Resolution, or proposition, having been made by any one. I insisted
that in my present position, I should be excused from taking any part in the Victoria College
matters referred to. As to what has been stated in regard to the removal of Victoria College
to Toronto the subject was introduced by the Reverend Doctor Wood. Superintendent of
*Victoria College was atBliated with Toronto University in 1890 ; but its Site was not removed to Toronto until the year
1892.
154 DOCUMENTAKY HISTORY OF EDUCATION IN UPPER CANADA. 1850
Missions, and conversed on at a Meeting of the Victoria College Board held m Cobourgin
October last ; but I was not there ; and the question turned chiefly, if not entirely, upon the
comparative facilities afforded at Toronto and Cobourg for the interests and efficiency of the
Institution. The only " disposal " of the College buildings spoken of, in the possible event of
the removal of the College to Toronto, was to appropriate them to the establishment of a >A es-
leyan Female Academy. I have never heard or read one word as to the sale of the College
buildings, except what I have seen in the columns of the Newspapers.
Then, in respect to the College being converted into a Divinity School, to the exclusion of
the literary departments, this also is intelligence which I have derived from the newspapers, and
from that source alone. I and other Members of the College Board have thought, and still
think, that more efficient provision should be^ made for the Theological and Literary training of
young men whom Circuits and District Meetings have recommended, and whom the Conference
has approved, as having been converted and called of God, to preach the Gospel ; but I have yet
to learn that any one of them ever thought of abolishing, or abandoning, the department of the
College which gives a sound English and Classical Education to the youth of our Church. Nay,
even in the possible event of the Conference being induced to agree to act under the University
Bill, the provision for sound English and elementary Classical Education would be provided for
in Victoria College as effectually as it has ever been,— and with all the facilities that Toronto
could afford, in respect to special Teachers in Vocal Music, Drawing, Modern Languages,
etcetera.
Brown University, in the United States, was first established at Warren, but was afterwards
removed to Providence, Hhode Island, yet I am not aware of any quid nuncs, even in a Country
80 fruitful in curious novelties, having invented the story, that the College was to be abolished,
in consequence of a change in its place of location.
The elected Board of Victoria College is composed of persons who hare done, perhaps, more
than any other fourteen individuals towards the establishment and continuance of the College,
and who, therefore, have the deepest interest in doing that which will contribute most to the
objects of the Institution, and to the interests of the Church with which it is connected. And,
as to myself, I wrote to the Treasurer of the College, not many months since, adverting to the
absurdity of the statements, as to the extinction of the College as an Educational Institution,,
when both its Academical and University Charter required the teaching of Science and Litera-
ture on Christian principles, and expressing my readiness to contribute to the utmost of my
ability to place the Institution on a proper foundation ia financial matters.
It is remarkable, indeed, to see professed Methodist advocates of the University Bill of
1849 the very first to assail the Authorities of Victorit^ College for barely conversing on the dos-
sibility of becoming parties to the provisions of that Bill, — although I am confident not one of
them has even yet formed and decisive and settled opinion on the subject.
In regard to the Principalship of the College, it is true that at the Conference in Toronto
in June, 1847, the Reverend Doctor Mathew Richey was solicited to accept the appointment of
Principal of Victoria College, but declined doing so, until it should be seen what position the
College would be placed by the then pending University and Clergy Reserve questions ; it is
also true that the Reverend Alexander Macnab was appointed Principal for the time being, but
with the express understanding on all sides, and the explicit declaration on his part, that he
would resign at any moment that Doctor Richey would accept the position ; and I believe it is.
likewise equally true, that no Member of the Board, (I know it to be the case in respect to
several of them,) looked upon Mr. Macnab as a permanent Principal of the College, but only aa.
a locum tenens^ until the settlement of the pending legislative questions would enable the Con-
ference to decide as to the measures necessary to place the College on a foundation worthy of
the Wesleyan Church and worthy of the Country.
Toronto, September, 1850. Egerton Ryerson.
At the Conference held at Brockville in June, 1850, the Members agreed to
the following paragraph for insertion in the Pastoral address : —
We cordially concur in the request made by the Board of Management of Victoria College ,
that they may have the valuable assistance of the Reverend Doctor Richey at the head of that
Institution, so important in its bearings upon the Wesleyan youth of the Province and the pros-
perity of our Church, especially so, as we contemplate a more enlarged and systematic design
for the Theological training of candidates for our ministry, in connection with its ©perations.
III. PROCEEDINGS OF THE FREE PRESBYTERIAN CHURCH IN CANADA, 1850-
At a Meeting of the Synod in 1850, the Reverend Alexander Gale gave in a Report from
the Committee appointed in 1849 on King's College, and the Reverend Doctor Willis, gave in
Chap. XI. PROCEEDINGS OF CERTAIN CHURCHES ON UNIVERSITY MATTERS. 155
the Report of the Knox CoUesje Committee which were read. After deliberation it was
agreed : —
That these Reports be received and sustained, and that the thanks of the Synod be given to these
Committees, for the attention which they have given to the matters entrusted to them. That the
College Committee be Messieurs McKenzie, Robb, Roger, Gregg, R. Boyd, Wardrope, Gordon, Stark,
Gale, Bayne and Rintoul, Ministers ; the Honourables Malcolm Cameron, and G. McDonald, Doctor
Dickson, John Fraser, G. Davidson, J. Burns, W. Notman, J. Gibb, J. Redpath, John McMurrich,
Samuel Spreull and James Shaw, Esquires, Laymen, together with the Professors. That the Committee
endeavour to get such arrangements in the University of King's College made as will answer the
purpose of Knox College. And that it be entrusted to the Committee to make such arrangements in
the internal economy of Knox College as they deem best, for the purposes of promoting its objects,
and the advancement of the students in the prosecution of their studies.
The Synod took up the consideration of the Draft of a Bill for the incorporation of Knox's
College, when, after deliberation, it was agreed, to refer the same to the Presbytery of Toronto,
that they may still further correspond with the Church, regarding its details, and especially
with the Pesbyteries ; with authority to said Presbytery by and with the concurrence of a major-
ity of the other Presbyteries in the draft, or in alterations and amendments of the same, to
take steps to have it passed into law.
The Synod had read to it the Draft of a Bill of Incorporation for Knox College. It was
agreed that the said draft should lie on the Table, to be taken up in connection with the Report
of the College Committee at a future Session of Synod.
THE MUNICIPAL COUNCIL OF THE COUNTY OF YORK AND THE UNIVERSITY.
The Standing Committee of the Council of the County of York on Education, beg leave to
report in regard to matters relating to educacion placed by the Municipal Act under the control
of County Councils, that one of these matters, is the power to make provision for defraying the
expenses of Candidates attendants upon their competition for Scholarships and Exhibition at
the University of Toronto and Upper Canada College, and to endow Fellowships, Scholarshi])s,
Exhibitions and others Prizes at those Seminaries of learning, to be open to competition
amongst the pupils of the public Grammar Schools of this County.
Among the Scholarships at the University are three reserved for each District, tenable for
three years, and giving one vacancy every year ; these Scholarships entitle the successful candi-
date to exemption from all the dues, and fees, during three years from the date of their election.
Your Committee would recommend to the Council to make these scholarships as valuable as
the six University Scholarships, by the appropriation of a sufficient sum from the County funds, to
obtain the privilege of Rooms and Commons, without charge to the successful competitors.
Your Committee have ascertained that £40 per annum for each Scholarship would be adequated
for that purpose.
The Committee have also made enquiry as to the expense of placing these Exhibitions, with
one annual vacancy at Upper Canada College upon that same footing, and have ascertained the
amount required for that purpose to be £25 annually for each Exhibition, provided exemption
from fees of tuition should be accorded by the proper authority, which they have reason to
believe, would be granted upon the application of this Council.
Your Committee would, therefore, recommend the endowment of three Exhibitions also.
The earliest period at which Candidates could be elected at the University would be in October
next ; supposing two then elected, one for the University, and one for the Upper Canada
College, the first payment amounting to £21.13 4 would be due in January following, and a like
sum at the termination of each term of the first year— £65 in all. For the second year, £130,
for the third year, £195, —after which time that sum' would be the annual charge.
In recommending this appropriation frbm the County funds for the encouragement of
learning among the youth of this County, your Committee a,re of opinion, that the superior
education obtained by the successful competitors will be the least of the advantages derived
from these endowments — they will prove a strong stimulant to exertion among all the scholars
of the several Grammar Schools of the County, and the standard which the competitors must
reach to entitle them to election, cannot fail to give a high character to the Institutions where
they may have received their previous instruction.
In conclusion, your Committee deem it more advisable to make these endowments tenable
but, for one year, the continuance of the advantages to depend on an annual examination, —
it having been stated to your Committee, that the holders of the three years, Scholarships, having
once obtained them, are apt to relax their efibrts in their after course. ...
156 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
CHAPTER XII.
PROCEEDINGS OF THE PROVINCIAL BOARD OF EDUCATION, 1850.
February 12th, 1850, The following Communications were laid before the Board at this, its
first Meeting in 1850.
(1), From the Masters of the Upper Canada Normal School, reporting their weekly official
visits to the Boarding Houses of the students attending the Normal School. (2), From the
Secretaries of National Education in Ireland, transmitting eight copies of the "Fifteenth
Annual Report of the Commissioners of National Education in Ireland," for the use of the Mem-
bers of the Board of Education for Upper Canada. (3), From the Secretary of the Province dated
the 23rd of January, 1850, in reply to an application from the Chief Superintendent of Educa-
tion, dated 9th instant, stating that His Excellency in Council had been pleased to order the
issue of a Warrant for Two Hundred and Fifty pounds (£260,) the first quarterly instalment of
the additional annual grant of One Thousand pounds, (£1,000,) to facilitate the attendance of
Students at the Normal School. (4), From Mr. John George Hodgins, Recording Clerk to the
Board of Education for Upper Canada, applying for remuneration for extra services rendered to
the Board for a period of Two years and eight months.
Ordered, That the thanks of this Board be conveyed by the Recording Clerk to the Secre-
taries of National Education in Dublin, for their courtesy in transmitting copies of the Commis-
sioners Report for the use of the Members of this Board.
In reference to the application of Mr. John George Hodgins, for an allowance for two years
and eight months extra services from the period of his nomination, as Recording Clerk to the
Board of Education for Upper Canada up to the time of the appointment of an assistant Clerk
in the Education Office for Upper Canada, it was, —
Ordered, That he be allowed the sum of Twenty-five pounds (£25,) per annum for the extra
services, and during the period in question.
March 19th, 1850, Ordered, That, in addition to the Masters of the Normal School, the fol-
lowing Gentlemen be requested to act as Examiners for the Governor-General's Prize in Agricu-
tural Chemistry in the Normal School, under the General Regulations adopted by the Board on
the 20th day of February, 1849, * videlicet :
Messieurs Henry Holmes Croft, Professor of Chemistry in the University of Toronto, E. W.
Thompson, President of the County of York Agricultural Associaton, Francis Neale, A.M., late
Vice-President of the County of York Agricultural Association, and George Buckland, Secretary
of the Provincial Agricultural Society.
Ordered, That the Chief Superintendent of Education request that His Excellency Lord
Elgin, the Governor-General, be pleased to attend at the Normal School Examination and dis-
tribute to the successful competitors the Prizes which His Excellency has been pleased to estab-
lish in that Institution.
April 12th, 1850. The Board is deeply impressed with the absolute necessity, under exist-
ing circumstances, of erecting Normal School Buildings, in order to accomplish, to an adequate
extent, the important objects of the Institution. It is,
Ordered, therefore. That application be made to the Governor General-in-Council to recom-
?£»1?rtfvf?* u^**"'®'** ^*® ensuing Session, to grant a sum of at least Five Thousand pounds,
(i:.5,000,) for the erection and furnishing of such Buildings, on some convenient Site, which may
be appropnated for that purpose. That sum, though less than has been expended in other
places for such purpose, while the Board trusts by economical management, be sufficient for the
accomplishment of the objects specified.
Ordered, That the Chief Superintendent of Education be requested to transmit a copy of the
foregoing resolution to the Provincial Secretary, to be laid before the Governor General-in-
OouncU, and that the Chief Superintendent press upon the consideration of the Government the
great importance of complying with the application of the Board, and point out the great incon-
venience at present existing.
The Board having taken into consideration the unsuitableness and inconvenience of the
leraperance Hall premises (on Temperance Street) for conducting the Lectures and Exercises of
tne JNormal School, and the many disadvantages attending the continuance of the Institution, in
» These Regulations are printed on pages 252, 253 of the Eighth Volume of this Documentary History.
Chap. XII. PROCEEDINGS OF THE PROVINCIAL BOARD OF EDUCATION. 157
that Building during bhe Summer season, and being of opinion, after mature consideration, that
a change may be advantageously made in the time of commencing and closing the Sessions of
the Normal School, it was, therefore. —
Ordered, That the Vacation following the present Session shall be prolonged until the first
of September next, and that the Session commencing at that time, shall continue during the
ensuing nine months, and until the end of May, 1851.
The Board assuming that Teacher's Institutes are about to be established according to law.
it was, —
Ordered, That the Masters of the Normal School be authorized to employ about three
months, between the middle of May and September next, in attending and conducting Teachers'
Institutes, or Associations, in the Counties of Upper Canada : — each Master to be accompanied
and aided by a Student of the Normal School, — according to such Regulations and Instructions
as shall be prepared by the Chief Superintendent of Education.
The Board being anxious to adopt such measures as appear best calculated to render the
training of the Normal School as thorough as possible, and thus to diffuse its advantages over
every County in Upper Canada, as equally and as widely as possible, adopt the following Regu-
lations in regard to the duration of the future Sessions of the Normal School ; and the mode and
terms of admitting and facilitating the attendance of Students at thac Institution : —
1. There shall be, during each twelve months, one Session, of the Normal School, which shall com-
mence on the First day of September, and close on the last week in the May following.
2. No male Student shall be admitted under eighteen years of age, nor a female Student under
the age of sixteen years; nor unless, m addition to the qualifications heretofore specified for admission,
(namely to read and write intelligibly and understand the simple rules of Arithmetic,) each. Student
be acquainted with the Elements of Geography and English Grammar. *
3. The weekly aid of five shillings, heretofore allowed by the Board to each approved Student,
to facilitate his, (or her), attendance at the Normal School, shall be extended hereafter, to a period of
nine months, but under the following Regulations :
First. Such Students shall be admitted from the several Counties and Representative Cities and
Towns of Upper Canada in proportion to the number of Representatives in the Legislative Assembly,
namely three for every County Member, and two for every Member of a City and Town. The Town-
ship Superintendents of Common Schools are requested to meet not later than the first Tuesday in
August, (at least to the number of three,) at 10 o'clock A. M. in the County Town, to examine can-
didates for admission to the Normal School during the ensuing Session, in accordance with the Terms
of Admission prescribed by this Board in 1847,t recommend such as they shall judge qualified for
admission and worthy of the facilities of attendance afforded by this Board, -arranging such approved
Candidates in the order of merit, inserting the names of whom they recommend, (how many soever
there may be), and forthwith transmitting their names to the Chief Superintendent of Education
Second. Should any County, City, or Representative Town, not avail itself of the facilities here
offered, a sufficent number of approved Candidates will be admitted from other places, beyond the
proportion of Candidates above specified, and should the complement of one hundred and twenty,
(120,) Students be not thus recommended, the Board would receive a sufficient number of approved
Candidates, on examination, as heretofore, at the commencement of the Session.
Ordered, That the foregoing Resolution is not to limit the number of Teachers-in-training to be
admitted on their personal application, (duly recommended,) to the Normal School, to free tuition
and the use of Text Books, but without the addition of any allowance for board and lodging for the
Session.
Ordered, That, in future no private pupils be received into the Normal School, but that the In-
stitution be confined exclusively, to the instruction of Teachers-in-training, under the regulations al-
ready established, and that the rules applicable to paid, or private, pupils, adopted in 1847, t be here-
by rescinded.
Ordered, That the Chief Superintendent of Education be requested to amend the Regulations for
the Normal School, as modified by the foregoing Resolutions, and, when so amended, to get them
printed. Every thing in the former Regulations inconsistent with the foregoing Resolutions being
hereby rescinded.
May the 25th. 1850. The subject of erecting Buildings for the Normal and Model Schools,
and the Education Office for Upper Canada having oeen under the consideration of the Board,
it was —
Ordered, That the Chief Superintendent of Education be pleased to request Mr. F. W.
Cumberland, the Architect, to furnish the Board with an estimate of the probable expenses of
a Building, similar, in its general features, to the New York State Normal School at Albany.
* The former Regulations relating to the Normal School will be found on pages 92, 96, 279 and 282 of the Seventh
Volume of this Documentary History.
t Printed on page 92 of the Seventh Volume of this History. ^
X See Page 92 of the Seventh Volume of this^ History.
158 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
Ordered, That the Chief Superintendent of Education be authorized to advance, out of the
Normal School Fund, the sum of One pound currency per diem, as travelling expenses to each
of the Masters of the Normal School, for the actual time, during which they may be engaged in
holding Teachers' Institutes in the several Counties of Upper Canada.
July 12th, ISth, 1850. A Communication from Mr. F. W. Cumberland, Architect, was laid
before the Board, estimating the expense of erecting a Normal School Building, similar to the
one at Albany, State of New York, at Six Thousand pounds, (£6,000,) and offering some sug-
gestions on the subject.
The subject of the erection of suitable buildings for the Normal and Model Schools having
been again brought under the notice of the Board, and, as upon further consideration, it was
deemed advisable to modify, in some measure, the views entertained in passing the Order, or
Resolution of the 12th of April last, so as to afford accommodation in the proposed Building for
a Female, as well as Male, Model School, Education OflSces, and School of Art and Design, —
keeping in view also the prospective advancement of the Country in population and Educa-
tional interests, it was considered, in the absence of any definite information, that, in order to
accomplish these objects, and to furnish the Buildings, enclose the Grounds, and meet other
contingent expenses, exclusive of the cost of the Site, the sum of Ten Thousand pounds, (£10,-
000,) in all probability, would be requisite ; — and that the Chief Superintendent of Education
be, therefore, authorized to transmit to the Executive Government a copy of this Minute, urging
it upon the most favourable consideration and immediate attention of the Government.
The question of a suitable Site for the erection of the contemplated Normal Institution
having been discussed, and information given that a square of six and a half acres, situated on
King Street, South of the Hospital Block, belonging to Mr. Andrew Mercer, was for sale, and
although the value set upon it was Ten Thousand pounds, (£10,000), yet the proprietor would
be willing to dispose of it for the sum of Eight Thousand pounds, (£8,000,) in view of the pro-
posed object, it was considered that in the event of no euitable and convenient Site being in
possession of the Government, and as the square alluded to would serve the purpose of illustrat-
ing the course of instruction in Agricultural Chemistry, and afford grounds for a Botanical
Garden, the Chief Superintendent of Education should bring the matter before the Executive
Government, in connexion with the application for a grant for the proposed Buildings.
The Provincial Board of Education meroed into the Council op Public Instruction
FOR Upper Canada, 1850.
My 27th, 1850. The enlarged Council of Public Instruction for Upper Canada, appointed
by His Excellency the Governor General this day, and summoned by the Chief Superintendent
of Education for Upper Canada, under the authority of the 37th Section of the new Common
School Act of 1850, 13th and 14th Victoria, Chapter 48, met this morning at 10 o'clock.
The following are the Members of this newly appointed Council of Public Instruction :—
The Reverend Egerton Ryerson, D.D., LL.D. The Right Reverend Fran9ois Marie de
Charbonnel, D.D. The Reverend Henry James Grasett, M.A. The Honorable Samuel Bealey
Harrison, Q.C. Hugh Soobie, Esquire. Joseph Curran Morrison, Esquire. James Scott
Howard, Esquire. The Reverend John Jennings, D.D. The Reverend Adam Lillie, D.D.
On the motion of the Chief Superintendent of Education, seconded by the Reverend Henry
James Grasett, M.A., the Honourable Samuel Bealey Harrison, Q.C, was appointed Chair-
man of the Council of Public Instruction for Upper Canada.
Ordered, That all Regulations, Appointments, Agreements and Orders made by late Board
of Education for Upper Canada, be, and are hereby confirmed, until rescinded, or modified, by
this Council. ' » J
The Chief Superintendent of Education, submitted a copy of the new Regulations for the
organization. Government and Discipline of Common Schools in Upper Canada, for the consider-
ation of the Members of the Council.
The Chief Superintendent of Education submitted the following Letter, which he had
^cZundTdul^tioX"^^^^^^^^ """'''' " "'"' '^ ''^ ^'^^^^^' '^'^ ^' ^'^ ^^^"^^^
«nH iofJ^K ^^^^^^"l^a^^i^ late Mr. Alexander Wood's Twenty-six acres on Yonge Street are to be sold,
?fl^n l^S^'*" ]f ^?t ^°' ""^7. ^T ^^r f ' ^°," * ^«^™^1 School Site. I would aSviseyou not to lose any
Jw LalTwS vlln'J «T^ ^w ^T^f'^''^ ;« the agent ; but he has employed Mr. Hagarty, and
wilfinfXfc K ^^^iff^ ^"^ Hundred pounds, (£100,) per acre, which is not half its value. They
Tarn tote kniis gooT' ' '"' ' ''"^ '^^ ^ ^""^^^ ^^^-^^^^ ^ P^^^^^^^ ^^-^^ ^^ g-- '^ '^^^
Toronto, 22nd July, 1850. F^^,,3 H^^^^^^
Chap. XII. PROCEEDINGS OF THE PROVINCIAL BOARD OF EDUCATION. 159
July 29th, 1850. The General Regulations for the Organization and Government of Common
Schools in Upper Canada, submitted by the Chief Superintendent of Kducation at the last
Meeting of the Council of Public Instruction were discussed, and the further consideration of
them postponed until the next meeting.
August 5th, 1850. Ordered, That the Recording Clerk prepare a copy of all Standing Rules,
or Orders, passed by the late Board of Education and submit it for the inspection of the Council,
in order that it may judge what alterations, or Amendments may with propriety be effected
therein.
Ordered, That the General Regulations for the Government of Common Schools, now sub-
mitted and amended, be adopted and furnished, in conformity with the Common School Act of
1850, 13th and 14th Victoria, Chapter 48, Section 35 and 38 Clause Four. (They are printed
in a separate Chapter of this Volume)
August 8th, 1850. The Chief Superintendent of Education having brought before the
Council the recommendatory clause of the General Regulations and Instructions, (Section Five,
Number 1,) adopted at the last Meeting of the Council, relating to the employment of Teachers
by Trustees, qualified to lead the Devotional Exercises of the Schools, and their opening them
by Prayer and the reading the Scriptures, it was, on due consideration, considered expedient to
omit that Clause for the present.
With a view to carrying into immediate effect the provisions of the Second and Third Sec-
tions of the Thirty-eighth Section of the new School Act of 1850, in reference to procuring
Plans and Specifications for the erection of the Normal and Model Schools, and Education
Offices, and also purchasing a Site for such erection, it was, —
Ordered, That the Chief Superintendent of Education and Mr. James S. Howard and the
Reverend John Jennings be a sub-committee to make the necessary inquiries, reporting thereon
to the Council at its next meeting. To this Sub-Committee was referred the Letter of the
Honourable Francis Hincks of the 22nd ultimo, on the subject of the Wood's property.
August 20th, 1850. The Sub-Committee of inquiry regarding Sites for the Normal School
and Education Office Premises, appointed at the last Meeting of the Council, reported the follow-
ing places and prices of property visited by them, videlicet : —
Price.
1. Mr. Sheriff Jarvis, Roaedale Property, containing 100 acres and Buildings £15,000
2. Caer Howell, West of the College Avenue, six acres 4,600
3. Mr. James McCutcheon, Agent for the Honourable Peter McGill, Montreal, 7^
Acres, bounded on the North by Gerrard Street, on the South by Gould Street,
and on the West by Victoria Street, and on the East by Church Street 5,000
4. Mr. Thomas Ewart, 6^ Acres on Jarvis Street, North 3,500
5. Mr. Andrew Mercer, Six acres on King Street West, opposite the Toronto
Hospital 8,000
6. Mr. Alexander Wood, Twenty- Six Acres on Yonge Street, at (£25), One Hundred
dollars an acre 6,500
The Council having received the foregoing Report of the Sub-Committee, relative to the
procuring of a Site for the Normal and Model School and Education Office Premises it was, —
Ordered, That the Chief Superintendent of Education be authorized to offer to Mr. James
McCutcheon the sum of Four thousand, five hundred pounds, (£4,500,) Halifax currency, for
the Square described in the Schedule as number three, bounded by C^l^errard, Goold, Victoria
and Church Streets in the City of Toronto ; and, in case of refusal on the part of Mr. McCut-
cheon, to confer with the Honourable Peter Mc(jlill of Montreal, and report to the Council the
result of such conference.*
The Report of the Chief Superintendent of Education on behalf of the Sub-Committee
appointed at the last meeting of the Council, on the subject of Designs for the new Normal and
Model School Premises, having been laid before the Council and considered, the Council
directed that the following notice be inserted twice in the British Colonist and The Globe news-
papers, Toronto, and in the Montreal Gazette :
The Council, of Public Instruction for Upper Canada, is prepared to receive Plans and Designs for
the new Provincial Normal School, with Model Schools attached, and Education Offices, to be erected
in the City of Toronto, on a Square of not less than Six Acres of Ground, and in accordance with the
subjoined Memorandum, videlicit : —
* Before making this offer to Mr. McCutcheon, Doctor Ryerson asked me to accompany him in taking a walk over the
lot, so as to enable him to make up his mind fully on the desirability of the Site for the proposed Buildings, aiid as to the
spot on which these Buildings should be placed. I did so ; and he fully satisfied himself as to the expediency of the pro-
Sosed purchase. He left for England a few days afterwards, so that under the direction of the Council I completed the
etails of the purchase and signed the cheque for £4,500, the amount of it.
160
DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA 1S50
Merrwrandum : The Designs to consist of Plans, Elevations and Sections, of such number, and
to such a scale, as may be thought necessary for the full delineation of the work.
The leading features of the accommodation - -. . -. -
or Visitors Room ; Four Class Rooms for Norms
Examinations ; Model School for Female Pupils
The leading features of the accommodation required will consist of ,— Entrance Halls ; Reception,
or Visitors Room : Four Class Rooms for Normal School ;— one of which shall be adapted for Public
T?,.atr,;nafmn« . Moflftl School for Female Pupils t Offices for Council of Public Instruction and Chief
The number of male and female Students m JNormal Ocnooi esumarea at ^
females to accommodate 300 ; and Model School for males to accommodate 300.
Provision to be made for warming and ventilating the Building.
The total cost, including Apparatus for Warming and Ventilating, the Fencing, Draining,
Entrance Gates and Roads, and all expenses connected with the completion of the Building fit for use,
not to exceed £8,000.
The Architect, whose Design shall be adopted, will be engaged to superintend the erection of the
structure and work, and the Council is prepared to award the following premiums to the authors of
other Designs of merit, videlicet : —
For the second best design £50. For the third best Design £30. For the fourth best Design
£20.
Each Design must be accompanied by an Explanatory Report and Estimate, and by Specification*
of the proposed work. The Designs to be delivered at the Office of the Chief Superintendent of Edu-
cation, Toronto, on, or before, Monday, the 23rd day of September next, at ten o'clock, A.M.,— After
which no design will be received.
Any further particulars desired, may be obtained at the Education Office, Toronto.
By Order of the Council of Public Instruction for Upper Canada.
Toronto, April 2l8t, 1850. J. George Hodgins, Recording Clerk.
The Chief Superintendent of Education having laid on the Table Letters from the Irish
National Board of Education, recommendatory of Mr. Patrick Walsh, in connection with his
desire to be employed as a Teacher of Hullah's System of Vocal Music in the Normal and Model
Schools, it was, —
Ordered, That the Chief Superintendent be authorized to engage the said Patrick Walsh,
on trial, commencing with the next Session of the Normal School, at the rate of One pound
per week, while engaged in teaching.
Ordered, That the Chief Superintendent of Education be authorized jbo make the necessary
arrangements with the Committee of the Temperance Society for renting the Temperance Hall
for the exercise of the Normal School, during the next Session, and to have the necessary fit-
tings executed.
September 7th, 1850. The following Communications were laid before the Council : From
Mr. James McCutcheon. dated the 21st. of August, stating that the ofter of the Council of
Public Instruction for the site of the Normal School would be referred to the Honourable Peter
McGill Montreal for consideration.
From Mr. James McCutcheon, Agent for the Honourable Peter McGill, dated the 31st of
August, stating that the offer of the Council of Public Instruction for Four Thousand Five Hun-
dred pounds, (£4,500,) for the site of the proposed Normal School would be accepted, condi-
tional upon giving the Honourable Peter McGill one year from the 31st of August, 1850, to
remove the houses erected on it. It was then, —
Ordered, That the Honourable Peter McGill's terms be accepted, and that Mr. Joseph
Curran Morrison, M. P. P., be requested to wait upon the Honourable Robert Baldwin,
Attorney-General (West,) for the purpose of making arrangements to have the title for the site
of the Normal and Model Schools and Education Offices Premises, vested in the Crown.
A number of the former students of the Normal School having applied to be admitteid on
equal terms with those being now admitted it was, —
Ordered, That, including the five months allowance of weekly aid, already granted, assist-
ance for an entire Session of nine months be allowed to any of the former Students of the
Normal School, who may apply tor admission, and who may be received therein
Ordered, That the course of Instruction and Lectures in the Normal School be considered
and definitely fixed ; and that a Syllabus thereof, stating the hours and subjects of lectures and
including the Time Table of the Model School be prepared and printed.
The Chief Superintendent of Education, having purchased, (during the recent tour in the
United States an official business connected with Common School Libraries), some very super-
ior Apparatus, The Council deem it adviMable to procure the same for the Normal and Model
Schools, at a cost of £33,6,0.
Chap. XII. PROCEEDINGS OF THE COUNCIL OF PUBLIC INSTRUCTION, 1850. 161
September 24th 1850. The Letter of the Chief Superintendent of Education to the Honour-
able James Leslie, Secretary of the Province, dated the 20th instant, and requesting the issue
of Debentures for the full amount of the Fifteen Thousand pounds (£15,000) granted by Act of
Parliament, last session, for procuring a Site and erecting Buildings for the proposed Normal
and Model Schools and Education Offices, was read, as follows :
I have the honour to request, on behalf of the Council of Public Instruction for Upper
Canada, that His Excellency the Governor-General will be pleased to direct the issue of Deben-
tures for raising the sum of Fifteen Thousand pounds, (£15,000,) — pursuant to the provisions
of an Act passed during the late Session of the Legislature appropriating that sum for the pro-
curing a site and erecting Buildings for the Provincial Normal School and Education Offices.
A site of Seven acres and a half of Land has been procured in a very central situation in
the City, for Four Thousand Five hundred pounds, (£4,500,) — the Plans of the Buildings are
to be prepared and laid before the Council by competing Architects on the 23rd instant, and
it is intended to give out the Contract for their erection in the course of a fortnight, with a
view of having the materials for the foundation procured before the close of navigation, much
of the wood work done during the Winter and the structure completed by the 1st of next
August, 1851.
By giving out the Contract at this season of the year, it is believed that the Buildings will
be erected cheaper than if commenced at any other season of the year.
Toronto, 20th September, 1850. Egerton Ryerson.
The Plans, Specifications, Explanatory Reports, and Estimates of the following Architects
for a Normal and Model Schools and Education Offices were received and opened for the inspec-
tion and consideration of the Council, videlicet : —
Messieurs William Thomas; Cumberland and Ridout; Thomas Young; John Tully and David
Clyde, Toronto ; Mr. George Browne of Montreal.
The Council, having carefully examined the Plans and Explanatory Reports of the fore-
going Architects, in connexion with the objects and character of the proposed Institution, as
specified in the advertisement Notice on pages 159, 160 it was, —
Ordered, That the Plans of the interior arrangements of the proposed Normal School Build-
ing furnished by Messieurs Cumberland and Ridout, together with either of the Elizabethan, or
Roman Doric Designs submitted, be selected, provided the works can be finished for the sum
mentioned in the Estimate given in by those Gentlemen, (£7,860). It was also further, —
Ordered, That the premium of Fifty pounds for the second-best design be awarded to Mr.
George Browne of Montreal ; the premium of Thirty pounds for the Third best design to Mr.
William Thomas of Toronto ; the premium of Twenty pounds for the Fourth best design to Mr.
Thomas Youner, of Toronto; and that, in consideration of the excellence of the Design furnished
by Mr. John Tully of Toronto, that a premium of Twelve pounds, ten phillings for the Fifth
best Design, be awarded to Mr. Tully.
September ^5th, 1850. The Chief Superintendent of Education reported, in reference to
the issue of Debentures for the Fifteen Thousand pounds, (£15,000), granted by the Legisla-
ture for procuring a Site aid erecting Buildings for the Normal and Model Schools and Educa-
tion Offices, that the Inspector General had disposed of Seven Thousand Five hundred pounds,
(£7,500,) worth of the Debentures, and that that sum was at the disposal of the Council, it was, —
Ordered, That the Chief Superintendent be authorized to apply to the Government, in the
terms of the "Supply Act" of last Session, for the proceeds of the Debentures already converted
into cash ; and also for the balance of the Fifteen Thousand pounds, (£15,000), in Debentures,
and make such arrangements, as may appear most advantageous to him, to place the entire sum
at interest in one of the Banks.
Ordered, That the Roman, Doric, (or Palladian,) Elevation submitted by Messieurs Cum-
berland and Ridout be adopted as the Architectural style of the proposed Normal School and
Education Office Building ; and that the Chief Superintendent of Education and Mr. James Scott
Howard, be appointed a Sub-committee to confer with the Architects, and determine with them,
upon the enlargement of the Lecture Rooms in the Normal School, and upon certain other alter-
ations in the details of the Buildings.
The Council, having taken in consideration the additional duties devolving upon the Mas-
ters of the Model School, in consequence of the increased attendance of Students, (from 160 to
300), for which provision was made on the 22nd day of May, 1849, by the late Board of Educa-
tion for Upper Canada,* it was, —
Ordered, That the salary of Mr. Archibald McCallum, the Senior Master of the Model School,
be increased from One Hundred pounds, (£100), per annum to One Hundred and twenty-five
* See page 255 of the Eighth Volume of this Documentary History.
II D.E.
162 DOCUMENTARY HISTORY OB' EDUCATION IN UPPER CANADA. 1850
§
pounds, (£125,) per annum, and of Mr. John H. Sangster, the Assistant Master, from ^'e^enty-
five pounds per annum (£75,) to One Hundred pounds, (£100,) per annum,— the increase of
Salary to commence on the firat day of October, One Thousand, Eight hundred and Fifty, (1850 )
OHoher 1st, 1850. There being no quorum present, no business was transacted.
October Srd, 1850. Ordered, That the modified plan of the internal arrangements of the
Normal School, prepared and now submitted by the Architects, (Messieurs Cumberland and
Ridour,) be adopted, and, that those Gentlemen be instructed to prepare forthwith Working
Drawings of the Building, and take the necessary steps to procure Tenders for its erection; —
which Tenders are to be sent in to the Educaton Office.
Ordered, That the Normal and Model School and Education Office Building be erected on
the Square purchased from the Honourable Peter McGill, with its front elevation to the South
facing the Bay ; and that the Building be placed at such a distance from Goold Street as to
admit of a parallelogram of four acres, clear from its North line.
Ordered, That, if agreeable to the Government, Warrants for the Fifteen Thousand pounds,
(£15,(XK)), granted by the Legislature to procure a Site and erect Buildings for a Normal and
Model School and Education Office, be made out in the name of the Cashier of the Bank of
Upper Canada, and, when received by him, placed in that Bank to the credit of the Council of
Public Instruction for Upper Canada. — such moneys to be checked out, from time to time, by
cheques signed by the Chief Superintendent of Education, under the order of the Council, and
that the Chief Superintendent communicate this Order to the Government, and to the Bank of
Upper Canada.
Ordered, That the Chief Superintendent of Education be authorized to pay the premiums
awarded by the Council to the successful competing Architects for the Plans of the Education
Buildings, as soon as the money is placed in the Bank of Upper Canada, and at the disposal of
the Council.
The Chief Superintendent of Education, having intimated that he was about to visit Europe,
on business connected with School Libraries, the Council deem it advisable to place at his
disposal the sum of One Hundred and Fifty, (£150,) to Two hundred pounds, (£200,) to be expend-
ed in School Apparatus, Maps, or Models, for the Normal and Model Schools, in case the Chief
Superintendent should meet with any of an appropriate and useful character.
The further consideration o' the Programme for the Examination and Classification of
Teachers of Common Schools by the new County Boards of Public Instruction m Upper Canada
was resumed from a previous Meeting of the Council. (Page 159). The Programme as amended
was adopted. (For this Programme, see a subsequent Chapter of this Volume).
Ordered, That Students of the various professions be admitted to attend the General Lectures
of the Normal School, and that the fee for such attendance be One pound Five shillings per
Session.
October 18th, 1850. A Letter was received from Mr. Thomas G. Ridout, Cashier of the
Bank of Upper Canada, stating the terms upon which the Bank would receive the money
deposits of the Council.
A Letter was also received from the Honourable James Leslie, Secretary of the Province,
dated the 14th instant, staling that, upon the requisition of the Council of Public Instruction,
His Excellency the Governor General wonld be prepared to issue Warratits for any sums required
by the Council of Public Instruction for LTpper Canada, pending the negotiations of the re-
mainder of the Debentures for the Fifteen Thousand pounds, (£15,000), granted to erect a
Normal School and Education Buildings in Toronto.
Letters were received from Messieurs Robertson and Hind, Masters of the Normal School,
reporting their proceedings in establishing preliminary Teachers Institutes in the diflferenb
Counties ot Upper Canada.
The following Documents, containing the official appointments of the Recording Clerk as
Deputy Superintendent of Schools for Upper Canada during the absence of the Chief Superin-
tendent of Education were submitted to the Council and acknowledged. The Documents were
as follows :
(Seal) As authorized by the Common School Act of Upper Canada for 1850, 13th and 14th
Victoria, Chapter 48, Section 48, Clause 6 ;* I hereby appoint John George Hodgins, Esquire,
Senior Clerk in my Office, as my Deputy, to perform my Duties during my absence on an Oflicial
Tour in the United States.
Education Office, Egerton Ryerson,
Toronto, August 24th, 1850. Chief Superintendent of Education for Upper Canada.
* This Act is printed on page 46 of this Volume.
Chap. XII. PROCEEDINGS OF THE COUNCIL OF PUBLIC INSTRUCTION, 1850. 163
(Note.— Another similar Document was signed by Doctor Ryerson on the 8th of October,
1850, when he left Canada, (on that day,) for an "Official Tour in the United States and
Europe) "
The Recording Clerk submitted an abstract of the Standing Rules and Orders and of the
late Board of Public Education for Upper Canada, in accordance with a Minute passed by the
Council on the 5th of August last."*
The Letter of the Honourable James Leslie. Provincial Secretary, of the 14th October, 1850,
relating to the appropriation of Fifteen Thousand pounds, (£15,000), for the procuring of a Site
and the erection of Buildings for a Normal and Model School and Education Offices, having been
submitted to the Council, it was, —
Ordered, That the Deputy Superintendent of Education communicate with the Government,
and reiiuest a Warrant to issue, in favour of the Cashier of the Rank of Upper Canada, for Seven
Thousand Five hundred pounds (£7,500), the amount of the Debentures already negotiated for
the purpose contemplated, as intimated to this Council on the 25th ultimo ; (page 161.)
The Memorial of Messieurs Robert and Adam Miller, of Montreal, under date of the 5th of
October, 1850, was laid before the Council, announcing their intention to publish the School
Books, issued by the Commissioners of National Education in Ireland, and being desirous of
promoting their circulation in Western Canada, request permission to use the words " Author-
ized by the Board of Education for Upper Canada," it was. —
Ordered, That the required permission be granted to those Gentlemen, upon the conditions
which they have proposed, and that the Deputy Superintendent of Education communicate
this Order to the Messieurs Miller, substituting the words • ''Authorized by the Council of Pub-
lic Instruction for Upper Canada," for: "Authorized by the Board of Education for Upper
Canada."
November 15lh. 1850. A Letter was read from the Honourable Robert Baldwin, the At-
torney General, West, dated the 26th ultimo, stating that he had been in communication with
the Hon( urable Peter McGill's Solicitor on the subject of the title to the new Normal School
and Education Premises, and that he had reported to the Honourable Sir Francis Hincks, In-
spector General, thereon. t
A Letter from Miss A. M. Wallace, Woodstock, dated the 11th instant, was read, also an
application by the Honourable Francis Hincks, on behalf of a young Woman, requesting that
she be admitted to the Normal School.
The Deputy Superintendent of Education laid before the Council a Document drawn up by
the Masters of the Normal School, containing a sketch of the Course of Instruction pursued in
the Normal School and also a Syllabus of the hours and subjects of Lecture.
Ordered, That Miss A. M. Wallace, of Woodstock be admitted for the remainder of the
Session, provided that, upon examination, she be deemed qualified to enter the advanced classes
of the Institution ; also, that the young Woman, on whose behalf the Honourable Mr. Hincks,
had applied, be received upon the same conditions.
November 18th, 1850. The following Communications were laid before the Board : —
(1) From the Honourable Francis Hincks, Inspector General, authorizing the Chief Super-
intendent, upon the delivery of the Deed of the Normal School and Education Offices Site, to
pay to the Honourable Peter McGill or his Attorney, the consideration money of Four Thou-
sand Five hundred pounds, (£4,500,) the sum named in the Deed of Surrender of this Property
to the Crown by the Honourable Mr. McGill. (2) From Messieurs Cumberland and Ridout,
Architects, dated the 18th instant, explaining the cause of delay in giving notice for Tenders
for the erection of the Normal School and Education Office Building.
The Deed surrendering the Site of the new Normal and Model Schools, and Education
Offices, to the Crown, with the Documents relating thereto, together with the Letters of the
Attorney and Inspector General, approving of the same, having been submitted to Council, it
was, —
Ordered, That payment of the consideration money named in the Deed, amounting to Four
Thousand Five hundred pounds, currency, (£4,500,) be made by the Deputy Superintendent
of Schools to Mr James McCutcheon Agent of the Honourable Peter McGill of Montreal, on
the Power of- Attorney given to Mr. McCutcheon by Mr. McGill, and handed in by Mr.
* These Standing Rules and Orders, being local, and somewhat temporary in their character, are not inserted in this
Volume.
t In a private Letter to Doctor Ryerson, then in England, dated the 31st of October, 1850, I said :—
" I have sent a copy of the Minute of the Council referring to the title of the Normal School Site to the Honourable Mr.
Baldwin, as I understood that he wished to have some official intimation of the wishes of the Council on the subject. He
replied, stating that he had been in communication with Mr. Clarke Gamble, the Honourable Mr. ^McGill's Solicitor, and
had reported to the Inspector General thereon,"
164 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
McCutcheon to the Council ; — and the Deputy Superintendent of Schools take the necessary
steps for the County and Provincial Registry and safe custody of the Deed *
The following Letter was sent, with the " Deed of Surrender," to the Assistant Provincial
Secrettiry : —
I have the honour to transmit herewith, for record to the Provincial Register's Office, a
Deed of Surrender from the Honourable Peter McGill of Montreal to Her Majesty the Queen,
of the propel ty recently purchased by the Council of Public Instruction for Upper Canada ; for
a Site of the Normal and Model Schools and Education Office.
The consideration money specified in the Instrument was Four Thousand five hundred
pounds, (£i,500). It has been paid by me, as authorized by the Council, and the Deed has
been recorded in the Office of the Registrar of the Coun«-y of IJork.
Toronto, 22nd November, 1850. J. George Hodgins,
Deputy Superintendent of Education.
Der^mbeVy 4^h, 1850. The following Communications were laid before the Council : — From
the Honourable James Leslie, Provincial Secretary, acknowledging the receipt of the Deed of
Surrender of the Normal and Model Schools and Education ; also from sundry persons, asking
the permission of the Council to use Olney's Geography and Adam's Arithmetic.
The Architects, Messieurs Cumberland and Ridout, submitted the Working Drawings of
the New Education Building, as improved and enlarged. A discussion having taken place as
to the advantages of an extension of time, for the finishing of the work, in was, —
Ordered That the following advertisement for Building Tenders be inserted in The British
Colonist and The Glohe^ Toronto The Spectator^ Hamilton, and The Pilots Montreal, and that
the whole Building be completed by the first of December, 1851.
Tenders for Building the New Normal and Model Schools and Education Office Toronto.
Tenders are required for erecting the new Education Building in the City of Toronto, in accord-
ance with certain Plans and Specifications prepared by Messieurs Cumberland and Ridout, Architects,
to be seen at their Offices on and after the first day of January, next.
Sealed Tenders, endorsed, " Tenders for Normal and Model Schools, and Education Office,"
addressed to Mr. J. George Hodgir.s, Deputy Superintendent of Education, to be delivered at the
Education Office, Toronto, on, or before, the loth day of January, 1851, at 10, o'Clock A. M. after
which no Tender will be received. The Council of Public Instruction for Upper Canada will not be
pledged to accept the lowest Tender, unless it is in all other respects satisfactory.
Toronto 4th of December, 1850. J. George Hodgins,
Deputy Superintendent of Education.
Ordered, That the Students of previous Sessions of the Normal School, applying for admission
during the present Session, shall be received and allowed five shillings per week, until the end of the
Session, provided that, upon examination, they be found qualified to take their place in the classes of
the Institution formed last September.
Ordered, That from the 24th December, 1850, until the 2nd of January, 1851, be
allowed as a Vacation in the Normal School, and that the Students have their usual weekly payment
continued for that period.
*In my Letter to Doctor Ryerson, then in England, dated the 21st of November, 1850, I said.— "The arrangements
with Mr. McCutcheon as to the Site has been completed. He called a few days ago, and I went up with him to the Office of
the Inspector General, to see if all was right. Mr. Hincks examined the Deed, which was made out to Her Majesty, as I
had suggested. He pronounced everything correct. The Attorney General had already done so, when he examined the
Deed itself. I asked Mr. Hincks to address a Letter to the Department authorizing you to pay the Four Thousand Five
Hundred pounds (£4,500,) for the Normal School and Education Office Site, on the delivery of the Deed at the Office.
I then called a Council Meeting, and laid all the documents befote them. They were" approved, and I was directed to
pav the consideration money, I therefore gave Mr. McCutcheon a cheque for the Four Thousand Five hundred) pounds,
(€4,500), Mr. McCutcheon had a printed form of Power of Attorney filled in by the Honourable Peter McGill, (exfictly like
the one that you gave me,) which I submitted to Mr. Hincks, before paying the monev, Mr. Hincks approved of it, and I
signed the Cheque. On payment of the amount, Mr. Joseph C. Morrison wrote a receipt on the back of the Power of
Attorney which Mr. McCutcheon signed and I witnessed.
After the Board Meeting, I took the Deed to the County of York Registry Office, and left it for Registration. After
registering it there I intend to take it to the Secretary's Office for registration, under the Gi;eat Seal of the Province, and
then to deposit it in the Crown Lands Office.
Chap. XIII. THE CHIEF superintendent's SCHOOL REPORT FOR 1850. 165
CHAPTER XIII.
THE CHIEF SUPERINTENDENT'S SCHOOL REPORT FOR 1850.
In the fulfilment of one of the duties, which the law imposes upon me, I have the honour
to submit to Your Excellency a Report of the actual state of the Normal, Model and Common
Schools throughout Upper Canada m 1850 ; showing the amount of moneys expended in con-
nexion with each, and from what sources derived, with such statements and suggestions for
improving the Common Schools and promoting Education generally, as appear to me useful and
expedient.
The public mind was in a state of suspense as to the (Cameron) School Law during the first
six months of the last year. The present School Act became law in July 1850 ; but it was near
the close of the year before the Act, with the requisite Forms and Instructions, could be gen-
erally distributed. The last school'^ear was, therefore, one of uncertainty and transition.
Though the general provisions and principles of the present Act are the same as those which
have been in operation for several years, — only rendering their details more simple, compre-
hensive and complete ; yet the introduc ion of a new Act, under the most favourable circum-
stances, during the latter part of a school year, must necessarily interfere with the efficient
operations of such year, and render its returns somewhat imperfect. But, with this deduction,
I am happy to be able to say, that the results of the past year's School operations compare
favourably with those of preceding years.
Before proceeding to notice some of those results, as exhibited in the subjoined Statistical
Tables, .... I desire to observe, that the copious extracts from local School Reports,
which will be found in the Appendix to this Report,* reflect fully the sentiments and feelings
of the Country at large, and the actual workings of the School Law, . . . . ; and I am also
relieved from the necessity of remarking upon the general features of the School System, by
the several Document? given in the Appendix, which includes the new School Act itself,t and
a practical exposition of its principles and provisions, as well as the Regulations and Forms,
which have been prepared for carrying it into eftect by all parties concerned in its administra-
tion.
I. Rural School Sections and Schools in Upper Canada, 1850.
A School Section is an area of country of from three to five square miles, intended for one
School, but, in which, under certain restrictions both a male and female School may be estab-
lished. Each Section is constituted into a School municipality, the inhabitants of wkich elect
three Trustees, and support their School in the manner they think best. From table A, (in the
Appendix) .... it appears that there were 3,407 School Sections reported in 1850, being
an increase of 371 over the returns of the preceding year. Each of these School Sections
includes, on an average, 76 children between the ages of 5 and 16 years. Schools are reported
to have been in operation in 3,059 of these School Sections, — being an increase of 188 over the
number of Schools reported last year ; but leaving 371 Sections in which no Schools were in
operation in 1850, or from which no reports have been received.
The average number of pupils attending each School was 49. the average time of keeping
open the Schools during the year was a fraction over nine months. The average period, dur-
ing which the Schools were kept ©pen in the State of New York, during the last year was eight
months, and the average number of children between 5 and 16 years of age resident in each
School Section there was 65, but the average attendance of pupils of all ages at each School was
reported as 71, though nearly one-third of that number was reported to have attended the
Schools less than two months.
The smallness of vSchool Sections is a common and serious evil complained of in the neigh-
bouring States. The desire of each head of a family to get the School as near as possible to his
own door, has operated extensively to create small School Sections, thereby causing a large
increase of expenses, or, which is commonly the case, causing small and feeble and badly
furnished Schools, low salaries, and therefore inferior Teachers. With us, there has been a
tendency in the same direction, and much evil has arisen from frequent changes in the boun-
daries of School Sections, and from reducing them to too narrow limits. The present Act of 1850
* These Reports are too voluminous to be inserted in this Volume. They extend to over forty printed pages, and are
inserted in the Appendix to the Journals of the House of Assembly for 1850.
t This Act is published separately in Chapter II of this Volume, pages 31-49.
166 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
I
opposes an obstacle to this evil, by preventing changes from being made without full notice to all
the parties affected by such changes, and without their consent, in case of the union of School
Sections, and by not permitting them to take effect in any instance except at the commence-
ment of the year.
It is a result, established by a large investigation of facts, that pupils residing at the greatest
distance from their School make, on an average, the greatest improvement. It is quaintly, but
justly, remarked, in the last Massachusetts Report : —
" We think the judicious course is to have large School Houses— lara;e Teachers, long School
terms ; and, in order to this, there nuist be large districts, [or what we, in Upper Canada, designate
Sections]. We insist that unskilful, inefficient. Teachers are a nuisance in any School district. They
do vastly more hurt than good ; and where a School is put up to the lowest bidder, it will soon
morally and intellectually resemble the field wisely described as all grown over with thorns."
II. Receipt and Expenditure of School Moneys
Table A shows that the total amount received and available for Teachers' salaries last year,
wa-« £88,478, and that the sums paid for the erection and repairs of School Houses, (an item not
heretofore reported,) amounted to £14,189 making a total of £102,725 (or $410,900. The same
Table shows the manner in which these sums have been provided. They are a little in advance
of the receipts of the preceding year.
III. Number of Children of School age Attending the Schools.
Table B shows that the number of children, between the age of 5 and 16 years, reported
last year, was 259,258, — being an increase on the returns of 1849 of only 5,894. The number
reported as attending the schools in 1850 was 151,891, being an increase of 14,258 on the number
reported as attending the Schools in 1849. The increase in the number attending the Schools in
1850 is highly gratifying ; but, after making a liberal allowance for the numbers attending Private
and Grammar Schools and Colleges, and, therefore, not included in the Common School Reports,
these Returns present us with the painful and sta tling fact, of nearly one hundred thousand
(100,000,) children of School age in Upper Canada, not attending any school ! This awful fact
furnishes a hundred thousand arguments to urge each friend of Canada, each friend of virtue,
of knowledge and of civilization, to exert himself to his utmost, until the number of children
attending our Schools shall equal the number of children of school age.
The whole number of boys attending the Scho'^ls was 85,718, the whole number of girls was
66,173. The total average attendance of pupils during the Summer, was 76,824 ; during the
Winter months, 81,469. The average attendance of boys during the Summer was 41 , 178; during
the Winter, 48,308. The average attendance of girls during the Summer was 35,040 ; during the
Winter, 33,161.
These Returns show an increase of some thousands over the average attendance of the pre-
ceding year. There ace doubtless many more girls attending Private Schools than boys. This
will probably account for the disparity between the number of boys and girls attending the Pub-
lic Schools. These Returns show that there is very little difference in the average attendance of
girls during Winter and Summer. They also show that the avera/e attendance of pupils, as com-
pared with the whole number of pupils, is little more than one-half ; it is less than one-half in
the State of New York. I doubt not but the provision of the present Act to distribute the School
Fund to the several School Sections according to the average attendance of pupils in each School,
(and not according to school population, as heretofore), — the mean attendance of Summer and
Winter being taken, — will contribute very much to increase the regular attendance at the Schools,
and to prolong the period of their duration each year.
IV. Classification of Pcpils, and Subjects Taught, in the Schools.
The statistics under these heads will be found in Table B. In Reading, the pupils are
divided into five classes according to the five National Readers. Table B shows that in the first,
or lowest, reading class there were 24,551 pupils,— an increase of 2,967 over the returns of 1849;
in the second reading class 27,537,— an increase of 3,312 ; in the third, 31,805,— an increase of
3,349 ; in the fourth, 27,874— an increase of 1.930 ; in the fifth, or highest, class 13,268,— a de-
crease of 356. In Arithmetic, there were in the first four rules 25,963 pupils,— an increase of
3,811 ; in Compound Rules and Reduction, 18,540, — an increase of 2,137 ; in Proportion and
above, 16,325,— an increase of 1,803 ; in Grammar, 19,741— an increase of 2,001 ; in Geography,
21,534— an increase of 4,789— a large and gratifying increase ; in History, 5,078— an increase of
879 ; in Writing, 63,267— an increase of 5,058 ; in Book keeping, 768— showing a decrease ; in
Mensuration, 888— an increase of 88 ; in Algebra, 904— an increase of 316 ; in Geometry, 618—
an increase of 449 ; in the Elements of Natural Philosophy 2,551— an increase of 2,116 ; in Vocal
Music, 5,745 -an increase of 4,563 ; in Linear Drawing 1,176— an increase of 838. The increase
under these several heads illustrates very clearly the progress of the Schools. Several of the
Branches last mentioned, are, to a great extent, the creation of the Normal School.
Chap. XIII. THE CHIEF superintendent's SCHOOL REPORT FOR 1850. 167
V. The Text Books used in The Schools.
In my last Annual Report, I discussed at some length the question of an uniform series of
Text Books for Schools, and the advantages which were already resulting from the introduction
of such a series in Upper Canada.* Table C presents a new and most striking illustration of the
success of this important branch of our School System. It will be seen that the Books recom-
mended by the Council of Public Instruction are gradually superseding all others. In respect to
the Readers, to which most importance h^s been attached, (as they facilitate the classification of
pupils,) it is worthy of remark, that, of the 3.059 Schools reported in Upper Canada, the Na-
tional Readers are used in 2,593 ; an increase of 411 Schools into which the use of them has been
introduced during the year. When the pupils can thus be formed into classes, by the use of
uniform Text Books, the 'simultaneous method," or the method of "teaching by casses" can
be adopted, and, appears from Table C, that this method prevails in 2,783 Schools — being an
increase of 298 Schools during the year.
In regard to Religious Instruction, and the use of Religious Books in Schools, the law of
1850 provides, (Section XIV), that :
" No pupil shall be required to read, or study, from any Religious Book, or join in any Exercise of
Devotion, or Religion, which shall be objected to by his, or her, parents, or guardians : Provided
always, that, within this limitation, pupils shall be allowed to receive such Religious Instruction as
their parents, or guardians, shall des^ire, according to the General Regulations which shall be provided
according to law."
In the spirit of this provision have Regulations been made for the Constitution and
Government of Schools, in respect to Religious Instruction, t the eflFect of which is, interference
with the rights and scruples of none, but making the Schools a reflection of the Religious
sentiments and feelings of the people, among whom they are established. It appears from
Table C that the Bible is used in 2,067 Schools — being an increase of 231 Schools during the
year ; a fact which sufliciently refutes the wrongful mis-statement that has sometimes been made,
that " Christianity is not recognized in our School System."
VI. Number and Classification ok Common School Teachers.
From Table D, it appears that, during the year, there were employed in all, 3,476 Teachers,
of whom 2,697 were males, and 779 females ;| that 291 of the Teachers employed had been
trained at the Normal School— 243 males and 48 females §
As to the Religious faith of the Teachers, there were employed 796 Episcopalians, — being
an increase over the preceding year of 59 ; Roman Catholics, 390 — being an increase of 55 ;
Presbyterians, 858, — being an increase of 107 ; Methodists, 904, — being an increase of 177 ;
Baptists, 238, — being an increase of 32 ; Congregationalists, 73, —being an increase of 21 ; three
minor Religious Persuations named, 66, — being an increase of 4] ; reported simply as "Pro-
testants," 54, — being an increase of 21 ; other persuasions and those not reported, 87, — being a
decrease of 246 . . .
I make these special references, as the best refutation of a very unjust statement, which
has been made, that, in our System of Public Instruction, no account is taken of the Religious
faith of Teachers, or whether they profess any Religious faith, or not. Table D practically
contradicts this statement, at the same time, that it shows our School System to be free from
sectarian supremacy, or partiality.
The Returns, under the head of Certificates of Qualification given to Teachers, contain
nothing worthy of special remark, as the old Certificates were perpetuated until the end of the
year, and the new Boards of Examiners were not constituted until near the close of the
year 1850.
VII. Salaries of Teachers and Classification of the Schools.
Table D shows the average salaries of Teachers in each of the Counties. Townships, Cities,
Towns and Villages in Upper Canada. According to the manner in which the Returns have
been made up, there appears a small decrease in the average salaries of Teachers, though there
is an increase in the aggregate amount of money available for the purpose of these salaries.
There was, however, a considerable increase in the number of Schools kept open during the
*See pages 274-276 of the Eig:hth Volume of this Documentary History.
tThe Regulations are given in another Chapter of this Volume.
tin 1900, fifty years after this Report was written, this relative proportion of male and female teachers employed in the
Schools of the Province was more than reversed,— the number in 1900 being, female teachers 6,810, males 2,630 ; total 9,440.
§The attendance of female Teachers at the Normal Schools and the Normal College is now, (in 1902,) very greatly in
excess of the number of male Teachers who attend.
168 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
f
year, — which may account for this average decrease The average salaries of male Teachers in
the Townships were from £30 to £60 ; of female Teachers from £20 to £40. In the 33 Schools
of the three Cities in Upper Canada, the average salaries of male Teachers were $100,,9s.,,10d. ;
Hamilton being the h-ghest, £111,, 178. 5d , and Kingston the lowest £80. In the 5.i schools of
the fifteen Towns, the average salaries of male Teachers were £75,, Is. ; Brantford being the
highest, £112,, 10s., and Cornwall the lowest, £50. In the nine schools of the six Incorporated
Villages, the average of the salaries of male Teachers was £98,,28.8d. ; Gait being the highest,
£168„ls,,3d. ; and Thorold the lowest, £63,,9s,,4d. The average salaries of female Teachers
in Cities, Towns and Incorporated Villages were from £30 to £75.
In the same Table, D, the number of good, or first class. Schools is stated to be 367 ; mid-
dhng, or second class. Schools, 1,063 ; inferior, or third class. Schools, 933 ; Free School8,(quite
a new return,) 252 ; Separate Schools, 46. The standing ol the Schools is the judgment of their
respective merits formed by the several local Superintendents It is gratifying to see the large
number of Free Schools which have been established in 1850, as, in every case, in the Town-
ships, they are the result of discussion and voting at a public School Meeting, called for that
purpose in each of the School Sections. The present year will test the comparative efficiency
of Free, or Rate Bill, Schools. The fact that, while the successive School Acts, for the last ten
years, (1S41, 1843, 1846, 1847 and 1849) have permitted the establishment of Separate Schools,
— one in each of the 3,000 School Sections, — there were only 46 of such Schools in all of Upper
Canada, in 1850, shows the tendency of the people at large to united action in school matters,
and the groundlessness of the statement made by certain newspapers, that the School System is
in danger of being destroyed, by permitting the continuance of the Separate School provisions
of the law.
IX. The Kind and Condition of the School Houses,
Table E shows that the whole number of Common School Houses in Upper Canada in
1860 was 2,975 ; of which 99 are brick ; 117 are stone ; 1,191 are frame ; and 1.568 are log.
The same Table shows the dimensions of these School Houses and, therefore, the extent of the
accomodation which they will afford. It also appears from this Table, that 1.833 of the
School-Houses are considered in " good repair ; " that 1,036 are in "bad repair," — a melan-
choly fact, that 2,363 have one room only ; that 98 have more than one room ; that 2,302 are
furnished with suitable desks, etcetera ; that 187 are not so furnished ; that 600 are reported
to have proper facilities for ventilation ; that 9^6 have not such facilities for ventilation ;
(the remainder are not reported at all ;) that 664 are furnished with play-grounds ; and 978
with no play-grounds ; that only 371 are furnished with privies, and 1,215 reported as having no
privies !
Lamentable as some of these facts are, it is encouraging to observe that no less than 271
School-Houses are reported as having been erected during the last year ; and, I think it may
be assumed, from all the information Ihave been able toobtain, that these new School Houses, in
construction and conveniences, are generally a great improvement on the old ones.
X. Departmental Efforts to Aid in the Construction of Good School Houses.
In order to contribute as much as possible to the improvement of School Architecture, I
have discussed the subject, from timn to time, and procured and inserted in the Journal of
Education for Upper Canada Plans of School Houses and Grounds ; and, during the last year.
Four Hundred copies of a very comprehensive and excellent Work on '• School Architecture,
by the Honourable Henry Barnard, (Superintendent of Public Schools in the State of Connecti.
cut)* were purchased, and a copy presented to each of the County, Township, City, Town and
Village Municipalities in Upper Canada. From the terms in which the reception in this Work
has been generally acknowledged and the information and illustrations which it contains, I
doubt not but its influence will be very beneficial, t '
1 am happy to be able to adopt, on this important subject, the language and sentiments
of the following extracts from the last Report of the Superintendent of Schools in the State of
New York :—
"From the best means of information within reach of the Department, it is believed that very
great improvements in these [School House] structures have taken place ; that an increased regard
to the comfort, convenience and health, both of pupils and Teachers, has been manifested ; and that
niore enlightened principles of Architecture, as well as a more refined taste and a better appreciation
of the advantages resulting from their combination, are beginning to prevail. The enlargement of
feites for School Houses, the introduction of tasteful shrubljery, and the cultivation of useful and
♦The Honourable Henry Barnard, was afterwards the First United States Commissioner of Educjation at Washington.
t In ccnnection with this Subject of School Architecture, see Note on page 168 of the Seventh Volume of this Docu-
mentary History, from which It will be seen that the Chief Superintendent g .ve seventeen prizes, (varjing from five t > forty
dollars,) for the best plan of School house and Sketches of School House Sites. There were thirty one competitors for
Chap. XIII. THE CHIEF superintendent's school report for 185 J. 169
ornajiiental plants, should be encouraged and recommended. Ample grounds should be reserved by
the inhabitants of school districts for this purpose ; and, while every reasonable facility should be
afforded for that bracing and invigorating exercise of the physical faculties, which is essential to the
healthful development of the human system, provision should, at the same time, be afforded for the
cultivation of those higher faculties of our nature which have reference to the beautiful, the tasteful
and the ornamental. Trees, Flowers, Vines and Evergreens should find their appropriate places in the
vicinity of every School House, demanding the care and repaying the attention of both Teacher and
pupils. The influence thus capable of being exerted on the expanding mind of childhood, cannot
be otherwise than beneficial, while the associations connected with the work of primary education will
be divested of much of their present repulsiveness."*
XI. School Visits, Examinations and School Lectures.
Table F shows the number of school Visits which have been made during the year by the
different classes of Visitors authorized by law. As many Clergymen have been appointed Local
Superintendents, their visits are, of course, included under the latter head. There is, therefore,
a small decrease under the head of Visits by Clerymen, as also by Magistrates ; but an increase
of 255 in the number of visits by Municipal Councillors, and of 2,855 in the Visits of Local
Superintendents, — the whole number of whose Visits during the year was 5,852. These Visits
are the more important, and the large increase of them the more gratifying, as they are strictly
Official Visits of school inspection, — one of the most important departments in an efficient
School System. The whole number of School Visits made during the year amounted to 18,318, —
being an increase of 2,529 over those of the preceding year. The interest awakened, and the
moral influence brought to bear, by means of these visits in behalf of the Schools, cannot be
over estimated.
Two other agencies have been created, and are reported for the first time, for the improve-
ment of the Schools, and the advancement of education, — that is public Quarterly School
Examinations, and Public Lectures on Education, at least once a year, in each School Section
by Local Superintendents. The number of Public School Examinations reported in 1850, is
4,527 ; the number of PubUc School Lectures during the year reported was 2,116.
XII. School Maps, Blackboards, Globes and other Apparatus.
Table F shows that large Maps are hung up in 1,814 of the Schools, — being an increase
during the year of 729 ; that Blackboards are used in 1,649 Schools, being an increase of 319 ;
that Globes and other Apparatus have been introduced into 168 Schools, — being an increase of
119 during the year. The introduction of such improvements in the Schools affords most grati-
fying and satisfactory proof of their progress, and of the diffusion of just notions as to their
requisites and character. The present School Act of 1850 provides greatly increased facilities
for furnishing School Houses in such manner as the Trustees shall deem expedient.
XIII. Libraries, Colleges, Grammar and Private Schools.
Table F contains what information could be obtained under these heads. The Returns,
from which these statistics have been compiled, are voluntary ; they may not be very accurate,
but are perhaps sufficiently so to give a pretty correct view of the number and operations of these
Institutions. It is pleasing to remark that, in the several kinds of libraries mentioned, there
are 96,165 volumes reported, being an increase during the year of 2,859 volumes.
XIV. The Normal and Model Schools for Upper Canada.
Tables G and H present a statistical view of the receipts, expenditures, and attendance of
students and pupils at the Normal and Model Schools. It will be seen that the number of
Students attending the Normal School during the last session, is about 50 less than the preced-
ing session. This has arisen from two causes : Firsts the Council of Public Instruction pro-
posed last year to place the presentation of candidates for the Normal School in the hands of
the several Counties, throup'h local Boards of Examiners ;— three Candidates to be presented for
every Member elected to the Legislitive Assembly. In some instances, there were no meetings
of Boards of Examiners, and, in many instances, persons wishing to become Candidates were
uniformed as to the time and places of such meetings, and supposing that they could not be ad-
mitted to the Normal School, except on the recommendation of a County Board of Examiners,
did not make any direct application to this Department ; Secondly, the system which had here-
tofore obtained of tyno Sessions of the Normal School in each year of five months each, was
changed to that of having but one Session of nine months' duration. Many who could afford the
time and means of attending one Session of five months, or of attending at intervals two such
Sessions, were found to be unable to attend one protracted Session of nine months.
*The late introduction of " Arbor Day ", has in Canada, as in the United States, largely contributed to bring about
the state of thinfjs here described as most desirable .
170 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
Neither of these methods of promoting the eflSciency of the Normal School has proved sat-
isfactory ; and the former system of admitting students to the Normal School, and of having
two Sessions of five months each year,— the one beginning the middle of May and the other the
middle of November,— will be resumed in future. A copy of the lately revised terms of admis-
sion into the Normal School will be found in a succeeding Chapter of this Volume.
The impulse which the Normal School has given to improved methods of teaching, and to
improvements in the Schools, in various parts of the Country, is amply attested by the Local
Superintendets' Reports, and by the demands for such Teachers from the several Counties and
Towns, — demands far more numerous than can be supplied.
The Normal School Programme and Examination Papers, which will be found in the
Appendix * supersede the necessity of any remarks in this Report on the course of instruction
pursued in the Normal School, and which is pursued with undiminished energy and zeal by the
able Masters employed.
During the last Session of the Legislature, the sum of Fifteen Thousand pounds, (£15,000,)
was granted to purchase Grounds and erect Buildings for the Normal and Model Schools and
Education OflSce. No time has been lost in carrying into effect the objects of that noble pro-
ceeding on the part of the Legislature. Premises have been purchased, and the Buildings will
soon be in the course of erection. ...
XV. The Schools in Cities, Towns, and Incorpora.ted Villages.
By referring to the Twenty-first and five following Sections of the School Act. of
1850t . . . and to the Circulars relating to them ... | it will be seen that a new system of
Schools has been established in the several Cities, Towns and Incorporated Villages of Upper
Canada. As this system cannot be considered as having fairly commenced until the beginning
of the current year, the results of its introduction do not appear in this Report. But from
what is indicated in the extracts of the Reports from Cities and Towns, given in the Appendix, §
and from other sources of information, I have no doubt but that a great improvement will soon
be manifest in the Schools of Cities and Towns — both in the character of the Schools themselves,
and in the attendance of pupils. During the last four years, there has been but one Board of
Trustees for each City and Town, — which has been found to be a great improvement upon the
old mode of having each City and Town divided into a number of separate petty School Sec-
tions, with as many separate sets of Trustees ; but the members of those City and Town Boards
of Trustees, having been appointed by the Municipal Councils, and not elected by their fellow-
citizens, were too powerless and irresponsible to constitute eflScient Boards of Trustees. By
the provisions of the present Act of 1850 the Trustees in each City and Town are periodically
elected in the same manner that the Aldermen and Common Councilmen are elected, — only by
a somewhat larger suflFrage, —it being household suffrage ; and, as the Aldermen and Councilmen
are the representatives of the Cities and Towns and the judges of all expenditures and matters
connected with street and other local improvements, so the Trustees are the representatives of
the Cities and Towns and the judges of all expenditures and improvements connected with
Schools. But, to avoid the expense of a second class of financial OflScers in each City and
Town, the Municipal Corporation is required in each instance t > impose and collect the sum, or
sums, required by the School Corporation for educational purposes,— a system which has been
found to work most efliciently in New York and other Cities and Towns in the neighboring
States. By the provisions of the present Act of 1850, Incorporated Villages also have the same
sys'em as have Cities and Towns.
Thus, in each City, Town and Incorporated Village in Upper Canada, there is an elective
Board of School Trustees, as responsible for the management of the school interests placed in
their hands as are Aldermen and Common Councilmen for other Municipal interests. In most
instances, the Municipal Councils have regarded this system in its true light ; but there are
instances in which the feeling of habitual indifference and even contempt, in which the ofl&ce of
School Trustee has been held, has prompted certain City and Town Councillors to question .the
authority of Trustees, and to oppose their noble efforts to render the Common Schools worthy
of the name of Pub'ic Schools. The usual pleas of selfishness have been resorted to on such
occasions ; but I am happy to say that the authf)rity of the Trustee Corporation has been fully
sustained by the Judges of the land. In the judgment of every well-informed individual, no
persons elected by the people are more worthy of respect than those who are chosen to provide
for the education of youth ; and no corporations deserve higher consideration, and should be
rendered more efficient, than those established for the development of the intellect of the
*Not inserted.- being matters of local interest and temporary detail.
t In Chapter II of this Volume, pages 39-41.
t These Circulars are printed in a succeeding Chapter of this Volume.
$ Too voluminous for insertion in this History, but thev will be found in the Appendix to the Journal of the House of
Assembly for the year 1850.
Chap. XIII. THE CHIEF superintendent's school report for 1850. 171
Country, and the advancement of general knowledge. When School Corporations are invested
with proper attributes, and those attributes duly recognized and appreciated, the electors of
both Towns and Townships will be more c?reful in choosing " select men" to till up such Cor-
p'^rations than to fill up any other Corporations. This is one of the first essential steps towards
the improvement of both Town and Country Schools ; as a most serious impediment to their
advancement has hitherto been the indiff"erence of the School Municipalities concerned in the
election of Trustees, — an indifference which has arisen in a considerable degree from the power-
lessness of Trustees, when elected. But now that School Trustee Corporations are clothed with
attributes comm en "curate to the important objects for which they are constituted. I anticipate a
rapid improvement in the Schools, and no small improvement in the character of the Corpora-
tions themselves.
The Board of Trustees in each City, Town and Incorporated Village, having the charge of
all the Schools in such Municipality, is able to establish and classify them in such manner as to
meet the wants of all ages and classes of youth. This is done by the establishment of Primary,
Intermedia*-e and High Schools. In some instances, this system of classification, < r gradation,
of Schools has been commenced, by establishing a large Central School (as in Hamilton) under
the direction of a Head Master with Assistants, having a Primary and Intermediate, as well as
Hiyrh School department, — the pupils being promoted from one department to another according
to their progress and attainments. In other instances, the same object is pursued by having one
High School and Intermediate and Primary Schools in difi'erent Buildings and parts of the City,
or Town. These Schools can also be male, or female, op mixed, as the Board of Trustees may
judge expedient. In the last annual School Report of the State of Massachusetts, it is observed :
In small Cities, it may often be found more economical to bring all the grades of Schools into
one Building, than to be at the expense of purchasing several Sites and erecting as many School
Houses.
The importance of the classifica^on of pupils in each School, and the classification of Schools
in each City and Town, cannot be over-estimated; and T cannot express my views better on this
subject, than in the fol'owing lansruage of the Secretary of the Board of Education in the State
of Massach\i setts, who in his last Annual Beport, has discussed at large the question of *'The
Gradation of the Public Schools," in populous Townships, as well as in Cities and Towns. He
says :—
The most obvious advantage resulting from such an organization of the Schools, would be, the
increased productiveness of the Teacher's labours without any increase of expense. Every good
Teacher attaches importance to a skilful arrangement of the pupils in classes, according to age and
proficiency. But, in most of our rural district Schools, the diversity, in these respects, is so great,
that classes can be but imperfectly formed. The object of gradation is to classify the Schools them-
selves, placing the young children in one, those of maturer age in another, and, wherever it is practic-
able, those of an intermediate age in a third. If there be children enough in one neighborhood to con-
stitute three Schools, it is not a matter of indifference whether the division be made perpendicularly,
cutting through these three strata, and putting some of all ages into each School; or horizontally, sep-
arating the older and the younger from each other, and placing them in different Schools. In the one
case, the formation of large and regular classess will be out of the question, in the other, it will be
practicable and easy. In the one, only a few individuals oan be instructed simultaneously ; in the
other, many times the same number can be advantageously instructed together. With the
same Teachers, by one arrangement, there might be three first-rate Schools, by the other, there cannot
be any but very ordinary Schools. The expense of instruction given to an individual in the two cases,
is widel3^ different. If we reckon the Teacher's wages at the rate of twenty-five cents an hour, two
recitations a day, for a single pupil, which should occupy half an hour at each time, would cost the
School district twenty-five cents. If the same scholar were in a class of four, his two recitations a dav
would cost six cents and a quarter. In a class of sixteen, it would cost but about a cent and a half.
Or, to take another view, if the time of the Teacher were to be so distributed that each member of the
School should receive just his proportion, the one who should belong to a class of sixteen, might, in
conjunction with the other members, have thirty minutes each half day ; the one who should belong to
a class of four, seven minutes and a half ; while the pupil who should belong to no class, would have
less than two minutes of the Teacher's time. It is easy to perceive the superior economy of those
Schools, whose pupils are arrangec in convenient classes, over that of Schools, in which only a few
pupils can be associated in the same class. In Schools properly graded, classes consisting of twenty
persons, can be as well instructed as an individual could be in the same time.
In the common district School, either one part must receive a disproportionate amount of atten-
tion, and the remainder sufi"er from neglect, or all must be taught in that hurried and superficial man-
ner, which is of but little value. Nor is it the mere want of time tha*i, in this case, interferes with
true economy. The difficulty of governing, no less than of teaching, a rural district School, increases
with the number of classes. The want of regular employment, with but short intervals between the
class exercises, is a principal cause of disturbance in these Schools. If a School of sixty were to be
divided into but three classes, not only would the Teacher be able to give thorough and systematic
instruction, but the classes, being examined in their lepsons in rotation, would need all the intervals of
time for study to prepare for the next recitation.
172 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
•
XVI. Difficulty in Dealing with Restlessness of Children in the Discipline of a School.
It is essential to the true discipline of a School, that there be no leisure time in school hours for
any other purpose than that of preparation in the appointed studies. Where this is the case, it re-
quires but little supervision to keep the whole School in good order. The mind that is not kept active
in study, will, from the natural restlessness of youth, be active in something foreign to the business of
the School Room. It is the misfortune of many of our Schools to be made up of such heterogeneous
materials as to baffle all attempts at regular classification, and the consequence is, that, before the long
circuit of the recitations of numerous small classes is completed, each class has an interregnum of
several hours, in which it may pursue its studies, or amusements, as the fancy takes it. It is quite as
much the tedium of the scene as the love of mischief, that leads to disorder. It is of no use to
increase the task assigned. Children cannot entertain themselves over a dry Text-Book for so long a
period. Such a general condition of the School gives a dangerous power to those uneasy spirits who
exhaust their ingenuity in stirring up others to annoy the Teacher.
XVII. Graphic Description of the Difficulties of Teachers in Many Schools.
Not a single recitation can be conducted properly when the Teacher has to direct his eye frequently
to every part of the School Room to prevent anarchy. The Teacher and his class must be kept in
sympathy both with the subject, and with each other. The diversion of the attention to answer
questions from others,— to subdue a refractory pupil,— to shake the finger at one, — and to awe another
into silenoe by a significant look, arrests the course of thought, chills the glowing feelings, and often
destroys utterly the effect of a recitation. It is not difficult to picture to ourselves a Teacher hearing
a reading lesson, for example, in the midst of such annoj'^ances. Perhaps, the piece to be read is
expressive of tenderness, or sublimity. While he is working upon the imagination of the class, and
endeavouring to bring vividly before it the objects which impressed the mind of the author, another
scene, strangely at variance with this, attracts the eyes of the class, to another part of the Room, and
a few words of reproof from the Teacher are much more effectual in banishing the spirit of the piece
from the minds of the class, than the spirit of discord from the School-Room. If the exercise is
continued, the remaining part of it will be likely to be purely mechanical in its execution, and ludicrous
in its effect. Though a skilful Teacher may be able to do much to mitigate these evils, they are in-
herent in the system, and cannot be avoided except by some such change as has been recommended.
If it should be discovered that, by a given improvement in machinery, a water power which
now carries but a hundred spindles could be made to carry a thousand, every manufacturer in the
Country would adopt the improvement. And yet, there are many Schools operating in a manner that
wastes much time and money, where there is no natural obstacle in the way of a better system," if
the Teacher would be determined to adopt it.
XVIII. Remarks in Regard to the Improvement of Grammar Schools— School Libraries.
The remarks made in the last preceding section of this Report on the classification of
Schools, suggest the necessity and importance of a change in the system of County Grammar
Schools, or rather the necessity of forming and elevating these Schools into something like a
system. In some instances, the Classical and Mathematical departments of them are doubtless
conducted with ability, and they possess a high repu'^atioa ; and so would Private Schools
taught by the same individuals and established in the same places ; nor do I desire to impugn, or
undervalue, the character of the Grammar Schools generally. But, as at present established,
they form no part of a General System of Public Instruction ; and the manner in which public
money is expended for their support, is unjust to the larger portion of the community ; is, to a
great extent, a waste in itself, and an injury to the Common Schools. It injures the Common
Schools in the neighborhood of the Grammar Schools, as the elementary branches which are
taught in the former are also taught in the latter. Thus are pupils, who ought to be learning
the elements of Reading, Writing, Arithmetic, and Geography in the Common School, introduced
into the Grammar School ; and a Teicher who receives One Hundred pounds, (£100,) per annum
as Teacher of a Classical School, is largely occupied in teaching the A, B, C of Common School
instruction, to the injury of the Common School, and to the still greater injury of the real and
proper objects of the Grammar School. It would be absurd to suppose that the £100 per annum,
were granted towards the support of a Classical Master to teach the same things that are taught
by the Common School Teacher, and that by aid of public money also. Making the Grammar
School a rival of the Common Schools in its vicinity, is as incompatible with the proper office
of a Grammar School, as it is prejudicial to the interests of the Common Schools. Pupils, who
are learning the first elements of an English Education, are sent and admitted to the Grammar
School because it is thought to be more respectable than the Common School, and especially
when Grammar School fees are made comparatively high to gratify this feeling, and to place the
Grammar School beyond the reach of the multitude. Thus does the Grammar School Fund
operate to a great extent as a contribution to the rich, and in support of injurious distinctions
in teaching and acquiring the elements of English Education, and not to the special encourage-
ment of the study of the elementary Classics and Mathematics. Thus is the Common School
injured in its position ; and influences are withdrawn from it which ought to be exerted in its
rChap. XIII. THE CHIEF superintendent's school report for 1850. 173
behalf, and which are most important to give it the elevation and efficiency, which are requisite
to enable it to secure the standing and fulfil the functions of the English College of the People.
The Grammar School should be a connecting link between the Common Schools and the Uni-
versity ; the Common Schools should be feeders of the Grammar Schools, as these should be
feeders of the University. The Grammar School, instead of attempting to do the work of the
humblest Common School, should be the first step of promotion from its highest classes. But
this cannot be done, until the Grammar Schools are placed as much under the control of local
authorities as are the Common Schools ; until their appropriate field of labour is defined, and
an effective responsibility and supervision instituted. Each Grammar School might be made
the High School of the County and Town within which it is situated, and have its classes filled
up from the highest classes of the Common Schools of such County and Town. The liberal
provision made in aid of Grammar Schools would then be expended in unison with the provision
»made in aid of Common Schools, — would advance, instead of impairing the interests of Common
Schools, — would accomplish the real objects of the Grammar School Fund, and make the
Grammar Schools, as well as the University and Common Schools, an integral part of the General
System of Public Instruction for the Country.*
X. Proposed Provision for Public School Libraries.
2. My special attention has been devoted, a portion of the past year, to the important sub-
ject of providing public School Librarit s, Maps, and every description of Apparatus for the use
of Schools ; bnt.as the arrangements for the accomplishment of these objects are not yet completed,
I have not thought it advisalDle to refer to them at length in this Report. They will be completed
in the course of the present year ; and, when completed, I am persuaded that Upper Canada will
have an advantage over every other Province or State in America in regard to the prices and
facilities of procuring Text books. Maps, and Apparatus for the Schools, and comprehensive
series for Libraries of the most instructive and entertaining popular reading books that issue from
both the English and American press, for Public School Libraries.
3. The extracts from local Reports, t given in the Appendix evince how widely the question
of Free Schools is engaging the attention of the public mind. There are, however, not wanting
objections and objectors to the principle of Free Schools ; but the former areas frivolous as the
latter are misinformed, or selfish. 1 may notice the most common and most plausible of those
objections : It is said that people do not value what they do not pay for, and, therefore, Free
Schools are not the proper method of promoting the education of youth. In reply, it may be
remarked, that people do pay for Free Schools, — each man pays for them according to his prop-
erty, or means, and, therefore, has the impulse of paying for the support of the Schools towards
the education of his children. As the discussion at large of the question of Free Schools will be found
[on pages 7t^-8l of this Volume], I will merely add in this place, that the principle of Free Schools
is based upon the first and most obvious principles of political economy, — human rights and civil
obligations. In civil polity, no principle is more obvious and vital, than that the interests of
the whole society are bin ling upon each individual member of it. It is a principle equally just
and scarcely less important, as one, both of political economy and civil obligation, that each
individual should contribute to the interests of the whole society according to the property, which
he has acquired, and which is protected in that society. It is, furthermore, an economical principle,
palpable to every reflecting mind, that an interest which combines the support of all. according
to ability, can be more easily sustained than if supported by a few, or a part, and without refer-
ence to ability. The principle of human rights involved in the question is as undeniable, as it is
sacred. It is, : that each child has a right to such an education as will fit him to be a good member
of society, — a right as important to society at large as to each individual member of it. The
application of Free Schools is as simple as it is important. Is education an interest of society
generally ? If so, then each member of that society is bound to support it, according to his ability.
In each City, Town, and Incorporated Village, the establishment of Free Schools is at the
discretion of a Board of Trustees, as the elected representatives of such City, Town, or Village, in
school matters. In the Townships, where it is convenient for all the inhabitants of a School
Section to assemble in one place, and which they are required to do so, for the election of their
Trustees, the manner of supporting the School, either as a Free School, or as a Rate-Bill School,
is determined at an Annual, or Special, Meeting of the Freeholders and Householders in each
School Section; though the amount required for that purpose is determined by the Trustees.
But, it should be remembered by those who wish to support their School by a Rate on the prop-
erty of all, that they should, as a corresponding and imperative obligation, make the School fit
for the children of all, by employing a Teacher duly qualified, and having a School House with
sufficient accommodations and' properly furnished. The character cf a Free School should be as
elevated as its foundations are broad.
* On pages 21-23 of this Volume thfe Draft of a Grammar School Bill will be found. It was thought best to postpone its
consideration until the next year, or until 1853.
t See note in regard to these Reports of Local Superintendents, on page 165 of this Chapter'
174
DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA.
1850
Chap. XIV. THE CHIEF superintendent's school REPORT FOR 1850. 17^
Note. — The Returns in the foregoing Table, up to the year 1874, are not very complete ;
but since that period they have been sufficiently so to establish a data by which to compare our
yearly progressive Educational Matters. The Returns are now pretty extensive, and embraces
all Institutions of LoHrning from the Common School up to the University ; but hitherto the
sources of information regarding the latter class of Institutions have been rather private than
official. It is to be hoped, however, that future years will witness more complete and accurate
information on the subject of information generally in Upper Canada ; and that the Annual
Report will present, in one comprehensive tabular view, the actual state and progress of all our
Educational Institutions — Public, Private, and Collegiate.
I have only to observe, in conclusion, that if the history of the past is an index to the progress
of the future, we have much to animate our hopes and encourage our exertions. The novitiate
of doubt, distrust, 8peculati<^n, crude experiment and legislative change has been pait ; a broad
foundation has been laid ; indifference has yielded to inquiry ; party hostility has dissolved into
co-operative unity ; the School Master is becoming a respectable and respected man ; the School
has become a leading interest ; the resources for its support from local voluntary taxation have
been doubled ; the number of its pupils has more than doubled ; the public voice has inscribed
"Free to All" over more than two hundred and fifty of its entrances ; the Representative of
Sovereignty, (Lord Elgin), has invested it with ths interest of sympathy, and given it the im-
pulse of a more than Royal eloquence ; while the Members of toth Branches of the Legislature,
by their municificent Grant tor Normal and Model Schools, have, in a manner unprecendented,
pledged to the Schools educated Teachers, and to Teachers their sympathy and support. In
the slow and difficult work of developing a Country's intellect and training a Country's Heart,
an auspicious commencement has been made. But it is only a commencement. One hundred
thousand, (100,000,) children are yet to be brought into our Schools ; a fact that cannot be con-
templated without great pain, and ought to rouse to sleepless activity. The hundred and fifty
thousand (1 50,000) children that have already entered our Schools are but imperfectly instructed ;
and attractive reading should be provided for them in local libraries, after they leave the School.
What has been accomplished within a few years past, shows that Upper Canada need be behind
no Country in America within a few years to come. The spirit of a quaint but forcible adage,
with the Divine blessing, will accomplish the whole —"A long pull, a strong pull, and a pull
all together."
Education Office, Toronto, 1850, 1851. Egerton Ryerson.
CHAPTER XIV.
EXPLANATORY STATEMENTS AND PAPERS BY THE CHIEF SUPERIN-
TENDENT, IN REGARD TO THE SCHOOL ACT OF 1850.
Soon after the passage of the comprehensive School Act of 1850, a number
of Letters were addressed to the Chief Superintendent of Education asking for
information as to greatly increased powers of School Trustees and Municipal
Councils under its provisions.
While this information was given in reply to Letters received, yet the Chief
Superintendent felt, that a fuller exposition of the principles and provisions of
the New School Act was desirable.
He therefore prepared a series of explanatory Articles on the subject, of
which were printed at the time in the official organ of the Department, — the
most important of which I have inserted in the following order : —
I. MAIN FEATURES AND CHARACTERISTICS OF THE NEW SCHOOL ACT OF 1850.
As to the characteristics of the new School Act of 1850 I remark, that, while it is based upon
the same great principles of co-operation between the Legislature and Government, and the local
Municipalities throughout the Province, and of general supervision of the Schools, as have
existed since 1843. it provides for the important improvements suggested by experience, in the
several parts and details of school law.
176 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
#
1. The School Act of 1850 arranges under distinct heads, and specifies in the plainest
language, the duties of the several j^arties, who have to do with the administration of the School
System ; an arrangement and classification wich were entirely lost sight of in the (Cameron)
School Bill of last year, (1849.)
2. The Act also provides, by a simple, cheap and equitable mode for settling at least nine-
tenths of the most perplexing local difficulties, which have arisen in years past, (and for which no
provision existed in the Bill of last year, or in any preceeding School Act,) relating to the Sites
of School-Houses, accounting for the expenditures of school-moneys in School- Sections, adjusting
financial disputes between Trustees and Teachers ; thus saving the trouble attending appeals on
such matters either to the Chief Superintendent of Education, or to the Municipal Councils, —
the Members of which are paid by the day, and many days of whose time, in successive Sessions
of the Councils, have been spent in the investigation of such matters, attended by more, or less,
of the parties concerned, during the whole of the proceedings.
3. The Act of 1860 further secures to the freeholders and householders in each School
Section the right and the power, without any external interference whatever, of supporting their
School in their own way, — whether by voluntary Subscription, Rate-Bills for pupils, or Assess-
ment according to Property ; a right and power which were but partially possessed under the
School Act of 1846, and which were materially abridged, to the great embarassment of Trustees,
by the (Cameron) Bill of last year.
4. The New Act also protects the ratepayers of the School Sections against changes in their
boundaries without their own consent ; and it secures to them the right of disposing of their own
School Property, when expedient, and of fairly and properly applying the proceeds of it ; — a
right which was never before enjoyed by School Sections and parties contributing to purchase
b chool-Sites and the building of School-Houses.
5. The Act in addition, makes more effectual provision than has hitherts been made, for
calling and conducting of Schools Meetings for all purposes, and at all times, as required by the
interests of Schools ; and gives to Trustees, means and facilities for procuring proper Text-Books,
Maps and Apparatus, and for sustaining their School financially, not conferred by any preceding
School Act.
6. The Act also provides for a more effective system than has yet been provided, for the exam-
ination and licensing of School Teachers, the inspection of the Schools, and for annual School
Lectures, relieving Local Superintendents of the responsibility and trouble of keeping accounts
of School moneys, and providing for the appointment of these Superintendents and their remun-
eration in a manner calculated to secure the best and most experienced men in each County for
School Superintendents ; and thus increasing the efficiency of the department of local inspection,
which is regarded in all School educating Countries as a most vital part of an effective System of
Public In8tru:tion.
7. The Act further provides a protection and security to the just rights and interests of
School Teachers, not heretofore extended to them ; while it also provides correspondiiag means
to enable Trustees to perform their duties and fulfil their engagements to Teachers.
8. The Act, more effectually than heretofore provides for supplying all the Schools with
proper Text-Books; and makes provisions also for the establishment, maintenance and manage-
ment of School Libraries, — a matter of the utmost importance to the whole Country. It again
authorizes the visitation of the schools by the Clergy generally, and other official persons, whose
gratuitous visits and attention to the interests of the Schools, for two, or three, years, (in conse-
quence of the provisions of the law of 1846,) exceeded the expectations of the most sangine
friends of education, and proved most beneficial in elevating and advancing it in popular esti-
mation.
10. The Act also makes better provison, than has heretofore been made, against the loss,
perversion and diminution of any part of the Common School Fund, with a sufficient provision,
at the same time, for the exigencies of any new, or poor, School Sections in any County. ^
11. It also provides for a co-ordinate, but distinct and complete System of Schools, adopted
to the circumstances of Cities, Towns and Incorporated Villages.
12. While the new Act provides for these improvements in the difierent parts and branches
of our School System, it carefully guards, in the mode of introducing these improvements,
against any derangement, or confusion, in our present school operations.
II. POWERS AND RESPONSIBILITIES OF SCHOOL TRUSTEES IN UPPER
CANADA, UNDER THE SCHOOL ACT OF 1850.
As considerable correspondence has taken place in the Department of Public Instruction
respecting the authority of School Trustees, especially in Cities, Towns and Incorporated Villages,
and as the discussion of the question has been introduced into some of the newspapers, I deem it
r
Chap. XIV. STATEMENTS AND PAPERS IN REGARD TO THE SCHOOL ACT OF 1850. 177
proper co explain the objects and nature of the provisons of the new School Act of 1850 on this
important subject.
2. From the Correspondence on the subject of the School Law, which was printed by order
of the Legislative Assembly last year,* it appears that, in each of the four Reports which the
Chief Superintendent made to the Governor General, between March, 1846, and May, 1850t, he
adverted to the radical defects of the School Law, (caused by restrictive legislation,) in reference to
the office of School Trustees, and the necessity of increasing their powers, in order to improve
the Schools, as well as improve the character of the Trustee Corporations. The provisions of the
present Act of 1850 were, therefore, intended to remedy the evils thus repeatedly pointed out,
and very generally felt.
3. These evils were two-fold ; — the powerlessness of Trustees, when elected, and the deficiency
in the qualifications of persons elected, — the latter being, to a great extent, the consequence of the
former. Trustees could not establish, or maintain, a gcod School without employing a good
Teacher; and they could not procure such a Teacher, without securing to him a fair salary. This
they could not do, as they had not power to secure the payment of such salary. They had to
depend on two uncertain resources for means to meet their engagements. The one was a Rate-
Bill on parents, the amount of which was as uncertain as were the varying feelings of the persons
having children to send to the School. If that resouce failed, or was insufficient, as was very
commonly the case, the only remaining resource, (except Voluntary Subscription,) was to petition
the Municipal Council to impose a tax on Property to make up the deficiencies ; and one, or two,
persons in a School Section opposed to such tax, could, by their representations to the Council,
almost invariably defeat the Trustees. The effect was serious losa to the Teacher, mortification,
and defeat to the wishes of the Trustees.
4. Such was the case in a number of School Sections, where the Trustees were intelligent,
active and public spirited. In those School Sections, where the Trustees themselves were indiff-
erent to their duties and obligations, the state of things was still worse, in respect, both to
children and the Teachers, especially as Teachers had no remedy against the Trustees personally.
5. The consequences of all this was, that the office of School Trustees was burdensome and
vexatious ; and being powerless; it fell into contempt. Intelligent and active Trustees frequently
became discouraged and disgusted, and refused to serve, as did other competent persons, and
incompetent persons were elected. Thus the office of School Trustee was regarded, to a great
extent, if not generally, as one of the least respectable and most undesirable of all the elective
offices in the gift of the people.
6. Now, the objects contemplated by the provisions of the present School Act of 1850,
were, as far as possible, to remedy this accumulation of evils, by rendering the office of School
Trustee one of the most powerful for good, and, therefore, one of the most honourable in Town, or
Country ; and thus to induce the utmost care and vigilance on the part of the electors to choose
proper persons for that office, and to induce such persons to accept it and become candidates for
it, as they do in regard to other responsible and honourable offices, — the occupancy of which
depends upon popular election.
7. The principle on which these provisions of the School Act of 1850 are founded, is in
harmony with that which lies at the foundation of our general system of government. It is, that
of representation. In our Representative System of Government, a Town, or Township, tax is
imposed by the elected Representatives of that Town, or Township. So a County, or Provincial,
tax is imposed by the elected Representatives of the people in a County Council, or in the Pro-
vincial Legislature. Those Representatives possess the largest discretionary powers to raise
moneys to erect Public Buildings, and make, or authorize, contracts and provide for their fulfil-
ment. No surprise, or doubt, is expressed, or entertained, in regard to such representative
powers, because they are familiar to all, and known by all to be necessary for the interests and
improvements of the Country, however objectionable, or unwisely, they may be exercised in
particular cases. On the same principle are based the enlarged powers of School Trustees,
whose numbers are much larger in proportion to the respective constituencies they represent
than Members of Townships, or County Councils, or of the Provincial Legislature.
8. The principle of the New School Act, therefore, is, that the Trustees, or elected School
Representatives, of each school division, whether Section, Village, Town, or City, shall determine
the amount of every description of school expenditure, of contracts, appointments and manage-
ment in all school matters, in such Section, Village, Town, or City, and have the power to give
effect to their estimates, engagements and plans of proceeding. These powers and duties apper-
tain to all Trustee Corporations, whether in Town, or Country. It is not the office of a public
meeting, in the Country, any more than in Town, to determine what sum, or sums, shall be raised
and expended for school purposes ; that is, in all cases, the right and duty of the Trustees, as
*This Correspondence will be found on pages 224-250 of the Eighth Volume of this Documentary History.
t Reprinted in the Volumes of this History for the years designated.
12 D.E.
178 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
may be seen by referring to certain clauses §f Twelfth Section of the present School Act, and also
certain clauses of the Twenty-fourth Section.
9. In the Country, a public Meeting, called in each School Section decides upon the manner
in which such sum, or sums shall be raised, but nothing as to the amount ; and, if the means thus
provided are insufficient to defray the expenses estimated and incurred by the Trustees, they are
authorized by the Twelfth Section, of the Act, to assess and cause to be collected, any additional
Rate on the Property of the School Section that may be necessary to pay the balance of such
expenses. By the ninth clause of the same Section, Trustees can exercise their own discretion and
convenience, either to assess and collect all their School Rates themselves, or, by their Collector,
or apply to the Township Council to do so, and the Council is required by law to give effect to
their application, relating as it does to the constituents of whom they are the school Kepresent-
atives, the same as the Members of the Council are the municipal Representatives of the Town-
ship. In such a case, the Council has not to consider the amount required, — (that is with the
Trustees to determine ;) nor any representations which may be made by parties for, or against,'
such amount being required ; but simply the manner in which an Annual Meeting, or other
Public Meeting, called for the purpose, in the School Section concerned, has agreed to defray
the expenses of the School. Should the Trustees dttermine not to apply to the Township
Council, but collect, by their own authority, all the moneys they may require for school purposes,
various clauses of the Twelfth Section of the New Act give them all the necesssry powers to do so.
10. The object of leaving the manner of providing for all school expenses to the decision, in
the first instance, of a Public Meeting in each School Section, «vas not to limit the Trustees, as
to the amount of such expenses, or to cripple them as to the means of raising such amount, since
they are especially empowered to do so by School Rate, if the means agreed upon at the Public
Meeting are insufficient for that purpose ; but the object was, to make the question of provision
for the education of youth a subject of public discussion and decision annually in each School
Section, and thus to diffuse useful knowledge and make the people acquainted with, and alive
to, their own interests and duties,— to enable them to provide for the support of their School in
their own way, either by Voluntary Subscription, or by self-imposed School 1 ax,— and, above
all, to decide whether their School should be a " Free," or a *' Rate-Bill," School.
11. But, while the Trustees of each School Section are clothed with enlarged powers for the
fulfilment of their important trust, they are also subject to additional responsibilities. They are
required by law to account for their expenditures to their constituents at each Annual
Meeting, by presenting —
" A full and detailed account of the receipts and expenditures of all school moneys received and
expended in behalf of the School Section for any purpose, whatsoever, during the year then terminat-
ing;"
And, if the account is not satisfactory to the majority of the Meeting, arbitrators are chosen
by each party to decide, and are invested with power to make each of the Trustee?, or any other
person, account for, and pay, all the money due by him to the School Section. This is a
responsibility to which Members of the Legislature, and of County, City, Town, or Township
Councils are not subject ; but it affords to the rate payers in each School Section ample security
for the faithful expenditure of moneys.
12. In Cities, Towns and Incorporated Villages, the Boards of Trustees, varying from six
to sixteen Members in each, are invested with larger powers than the Trustees of School Sec-
tions. Each such Board has the charge of all the Common Schools in the Municipality, deter-
mines their number and kind, whether Primary, Intermediate, or High, Schools, whether Classi-
cal, or English, whether Denominational, or Mixed, whether many, or few, the amount and
manner of their support. Each Board appoints its own Local Superintendent of Schools, and a
Local Committee for the immediate oversight of each School under its charge. The Board of
Trustees m each City Town, or Incorporated Village, is not required, as in Rural School Sec-
• ''"'''u A? • • ,- Meeting to consider the manner of supporting one, or more, of the Schools
in such Municipality ; m most cases this would be impossible ; in no case is it required. The
only Public Meetings which Boards of Trustees in Cities, Towns, and Incorporated Villages are
?SZl i" ' ^""^ ^iT ^""^ ^^f ^\^^^^ ^^ Trustees. If they choose, they can call Meetings for
Tn Lfrl^f fr'\I ^^^"^^""'.^'^.^ the Mayor of a City, or the Reeve of a Town, or Village; and,
h«3n ,?^ J A ^^'^^V"^u'*. *^^^«/ble to call a School Meeting, the Act provides for enabling
inr.rofiff • *y 1 "^''^1' '^^'' ""^^^ ^^ proceedings, so that it may be done under the authority
nrnoL^fn^l n? n 7 }% 'T^ instances, objections have been made to the lawfulness of the
thTschoofLhW* ^^ ^'"'^'f ' ^I'T' ?"^^^" Meetings had not been convened to consider
DrLeeZlfo^T^^^^^^ '"'? ?°*'^'- ^" ^^" "^'^^^ *^« lawfulness of any financial
*nd Inlll^^ Municipal Council of each City, Town, or Incorporated Village, is required to levy
ScLT™ Z 7t'' f ^oneym^j be required by the Bo'ard of Trustees f^
bchool purposes. The Board of Trustees, (elected by all the tax payers,) and not the Municipal
Chap. XIV. STATEMENTS AND PAPERS IN REGARD TO THE SCHOOL ACT OF 1850. 179
Council, represents such City, Town, or Incorporated Village, in all school matters ; but, as the
Council has Assessment Rolls and employs Collectors for other purposes, it is more economical
and convenient to have the School Rates levied and collected by the Council, than for the Board
of Trustees to employ a separate class of officers for that purpose. In the City of New York,
and various Towns in the neighbouring States, Trustees are elected in each Ward of the City, or
Town, as in Canada, and constitute collectively a Board of Education, or School Trustees, for
such City, or Town ; and the Municipal Council of the City, or Town, is required 'to levy and
collect whatever sum, or sums, are required, from time to time, by the Board of Education, or
School Trustees.
14. The Members of the Board of School Trustees in our Cities, Towns, and Incorporated
Villages, are not personally responsible for school moneys, because the law is so constructed,
that all school moneys, even the Rate-Bills of each City, Town, or Village, must be paid into
the hands of the Treasurer. But each Board of Trustees must prepare and publish annually in
the local Newspapers, an account of the receipts and expenditure of all school moneys, subject
to their order.
15. Objections have been made, in some instances, to the erection of large Central School
Houses in Cities, Towns and Villages ; and the authority of the Boards of Trustees has been
called in question, because exception has been taken to their proceedings. The Governmsnt
itself may err in its proceedings, but that is no disproof of its authority. The Boards of Trustees
in Cities, Towns and Villages, and the Trustees in many country places, are but commencing
the greatest work connected with the welfare of their Country ; and they must expect opposition
from mistaken ig^norance, sectional selfishness and wealthy meanness. There are some unpopu-
lar duties connected with all public situations, — duties which often commence under the
opposition and abuse of many, but issue in the satisfaction of success and amid the gratitude and
applause of all. In regard to large Central School Houses in Cities, Towns and Villages, after
the noble examples of the Boards of Trustees in Hamilton, London, Brantford, Brockville and
Chatham, etcetera, it was remarked in the last Annual School Report for the State of Massa-
chusetts : —
" In small Cities and Towns it may often be found more economical to bring all grades of schools
into one building, than to be at the expense of purchasing several sites and erecting as many houses."
16. The remarks of some persons convey the idea that School Trustees are despots, tramp-
ling upon the rights and sacrificing the interests of the communities iti which they live. Such
remarks are as foolish as their imputations are unjust. The interests and burdens of Trustees
are identical with those of their neighbours. The fact of their having been elected Trustees, is
an avowal by their constituents, that they are the most proper persons to be entrusted with their
educational interests. If Trustees, in any instance, neglect, or betiay, those interests, they can
be superseded, on the expiration of their term of office, like all other unfaithful Representatives
of the people ; and, while in office, they have a right to the forbearance and support, which the
importance and difficulties of their office demand. Unlike most other public Officers, School
Trustees work without pay ; they may sometimes err ; but who does not ? Yet, if there is any
class of public officers entitled to more respect, more confidence and support than others, it is
Trustees of Public Schools, — the elected guardians of the youth of the land, the responsible
depositaries of their most vital interests. And, if there is any one class of public Officers, in the
selection of whom, the people should be more careful than in the selection of others, it is School
Trustees. The welfare of youth, and the future progress and greatness of Canada require that
the best, the most intelligent, the most enterprising, public spirited, progressive men, in the
land should be elected School Trustees.
III. RIGHTS, POWERS AND DUTIES OF SCHOOL TRUSTEES AND MUNICIPAL
COUNCILS IN TOWNSHIPS.
In the Appendix to the School Report of 1850 the powers and duties of School Trustees,
especially in Cities, Towns and Villages, were explained at some length * Since that Report
was written several questions have arisen, and inquiries have been made, relative to the powers
and duties of Trustees in Country School Sections, and their relations to Township Councils.
1. In some instances, it had been maintained that Trustees have no right to levy a Rate
upon the Taxable Property of the householders and landholders of their School Section, without
the consent of their Township Council ; whereas the Trustees have full authority to act without
the consent of any Council, or other body, high, or low, in levying and collecting whatever may
be necessary to provide for all the expenses of their School.
One leading feature and primary object of the School Law of 1850 is, to make each Section
a School Municipality, with power to provide for the furnishing and support of its School, in
every respect, in its own way, and to settle all its differences and difficulties by local arbitration.
* For this explanation, see a subsequent Chapter of this Volume.
180 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA 1850
It is not, therefore, for the Chief Superiiftendent of Education, or for any Council whatever, to
decide in what manner, or to what amount, moneys shall be raised for school purposes in any
School Section, The elected Trustees in each School Section are alone authorized by law to
consider and determine, from time to time, the sums required for their school purposes ; and a
majority of electors at an annual School Section Meeting, or special Meeting, decide upon the
manner, (not the amount,) in which such sums shall be provided.
2. Again, in some instances, Township Councils have refused to levy the sums applied for,
according to law, by School Trustees. In all such cases the Councils concerned have violated
the law ; and they might be compelled to do their duty by a Mandamus from the Court of
Queen's Bench, should the Trustees concerned think proper to procure one. The object of this
provision of the School Act in Section Eighteen, clause one, (page 37,) is to relieve Trustees of
part of the burthens imp sed upon them by their office, and to save expense and time in the
collection of School Rates, which can, in general, be levied and collected more cheaply
under the authority of the Township Council than under that of School Trustees, for the Coun-
cil has the machinery in the form of a Collector and Rolls, already provided ; and the Collector
must collect rates on all the taxable property within his jurisdiction each year for other than
school purposes. For him, therefore, to have the School Rates, in any, or all of the School
Sections within the limits of his coUectorship, added to the other rates, and collect them at the
same time, would involve but little additional trouble and expense ; and the Rates on the pro-
perty of absentees can be collected in the same manner as other rates on the same property.
But, when Trustees, themselves, levy School Rates on propeity, they must appoint a special
Collector, and pay him a higher per centage. (on the lesser amount collected), for such special
service than would be paid to an ordinary Collector ; they must procure an extract, from the
Assessment Roll, and sue each defaulting non-resident. Nor do Trustees receive any pecuniary
remuneration for all of this trouble and loss of time in the performance of their duties, — which
is otherwise with Township Councillors. It was, therefore, thought just and economical, (as
provided in the ninth clause of the Twelfth Section of the School Act, page34) that Trustees should
have the option of levying and collecting School Rates on Property themselves, or transfer, by
request of the Ratepayers, the duty of doing so to the Township Council,— the Members of
which are paid for their time and services. And, to prevent any unnecessary discussion, or loss
of time, in doing their duty, the Council is not authorized to judge of, or vary the amount>
required by the School Trustees to be assessed, but it has simply to give legal effect to the will
of a portion of the school electors of the Township, in respect to their own School Municipality,
as decided by them at a Public Meeting, and as communicated and attested by their chosen
Trustees. In some cases, Township Councils have assumed the right, which belongs exclusively
to Trustees, of judging as to the amount, and even propriety, of such assessments of School Sec-
tions,—a right which does not appertain to any Council, either in City, or Country, but is, in all
cases, confided to School Trustees, who are specially elected for such purposes. The High
Sheriff of a County is the executor, not the judge, of the law, in the matter placed in his hands ;
so m this case, the duty of a Township Council is simply to execute the work of certain School
Sections, in regard to taxing themselves for their own purposes. There will, of course, always
be individuals in such Sections opposed to Rates for any school purpose ; but, with such indi-
viduals, a Township Council has nothing to do ;— the Trustees, or a majority of them, being the
elected and responsible exponents of the wants of their own School Municipality.
3. Another question has also arisen, as to what Trustees should do, in the event of a Town-
ship Council refusmg to levy a School Rate as authorized and required by the first clause of
the Eighteenth Section of the School Act of 1850. In every such case, the Trustees of a School
bection can,- as have the Trustees of one, or two. Towns and Villages,— apply to the Court of
Queen s Bench for a Mandamus, to compel an anti-school Council to do its duty, and the oppos-
mg Members of such Council would be justly responsible for the expenses and consequences of
such a proceeding. Trustees, though unpaid for their services, should be made responsible for
refusing, or neglecting, to do their duty in school matters. But, thus far, in such cases. Trus-
tees have been recommended to exercise their own corporate powers to levy and collect the
amount of Rates required for their school purposes.
P^ilZn^"". J'^Jf^^'i^''^^'*^^ /?>"■ !^^ '"i^^'y ^^ *^^^^ '^^"^^^^ ^y Rate-Bills on parents sending
«^ih pLI Rni r- ' r^^ "''^ ^^*^ on Property, of course, they alone can impose and collect
tZ Tnwntl^n r.„;^ i"' ^^^^^Z": gratifying to know that, in the very great majority of instances,
the Township Councils sympathise with Trustees in their efforts to improve and furnish School
Sr^n'p^^w'? ""f^'"^ ^'"" Schools -the cases to which I have referred being exceptions to
for makW all ?h« J^J ^^^V""'*^".'?' T^-^'^^P Councillors would be glad to provide, forthwith,
tor making all the Schools free within their municipalities. « i- » .
for schoo^mir'^o^Ps ^^^'T^'f"" "'^^' *? ^° jY P."°P^"*^ ^" ^ ^^^^^^ ^^^^^^^ i« liable to be taxed
tr/A.ri J"Tr 1 . ® ^^'^f ,^™PW«d, by the Act are "taxable property, as expressed in
lin tZrpfnV^ I y^' ''i^° I' >^1 .^^^ freeholders and householders of such Section." It
will, therefore, be observed, that all descriptions of -freeholders and householders," are
Chap. XIV. STATEMENTS AND PAPERS IN REGARD TO THE SCHOOL ACT OF 1850. 181
included, whether resident, or non-resident, — there being no exception. All " taxable pro-
perty " is also included, whether wild lands, or cultivated lands, or personal property ; or,
whether the property of absentees, or residents, — all is made tributary to the great interests of
education. In collecting school rates from resident freeholders and householders making default
of payment, the provisions in the Twelfth Section of the School Act authorize Trustees to pro-
ceed to collect by Warrant ; but the eleventh clause of the same Section authorizes them :
" To sue for and recover, by their name of office, the amounts of school-rates or subscriptions due
from persons residing without the limits of their Section, and making default of payment."
IV. ENCOURAGEMENT TO PERSEVERE IN THE PROMOTION FREE SCHOOLS,
NOWITHSTANDING THE ADVERSE LEGISLATION OF 1849.
It appears appropriate in making a " new departure " under the School Act of 1850, to
review the experience of the past, and to take courage for the future, notwithstanding the
adverse legislation of last year. We should now seek to awaken afresh the recollection of first
principles, on which our School System is founded, and also to analyze the criteria of educa-
tional progress that we have made, so that we may be eventually animated to prosecute, with
becoming energy and zeal, the noblest work of any Country, — the Christian, and universal, and
practical education of its youthful population. In the first number of the ''^Journal of Educa-
tion " I inserted an Address to the People of Upper Canada on the " System of Free Schools,"^
— a System which is based upon the principle that every child in the Land has a right to such
an education as will make him a useful member of society, and that every inhabitant of the
Land is bound to contribute to that national object according to his property, — a System, the
life of which is the genius of Christianity, the Soul of Patriotism, and the Spirit of the Highest
Civilization.
It is my present object to present some of those grounds of encouragement with which the
facts and experience of the past year furnish us, (in addition to those mentioned in my Annual
Report, as published in Chapter XIII of this Volume,) to persevere in the work of educating
our own and our country's ofispring.
1. And the first encouraging omen which I shall mention is the deep hold which Free
Schools have taken of the public mind in Upper Canada. The first public enunciation of this
principle in 1846 was received with general surprise and doubt, — with wide spread suspicion,
and, in many instances, with avowed hostility. In some cases it was dismissed by an editorial
sneer ; and in other cases it met with a less courteous reception ; was, at one time, assailed as
public pauperism and at another time denounced as a conspiracy against individual liberty.
But, like many of the most important Reforms and improvements in the institutions of society
which were once misunderstood, denounced and ridiculed, the principle of Free Schools has risen
above misconception, and, therefore, above misrepresentation and reproach, and stands forth
now as much an object of respect and admiration, as it was a short time since an object of sus-
picion and contempt.
2. The explanatory and matter-of-fact Free School Address referred to called forth an
approving response from several influential Members of the Canadian Press ; and it is a some-
what singular coincidence, that, during that same month the Superintendent of Schools for the
State of New York called the earnest attention of the Legislature and citizens of the State to
the great importance of establishing Free Schools throughout the whole of that State. He, at
the same time, submitted the Draft of a Bill which provided that, on the vote of a majority,
every individual in the State would be compelled to adopt the System of Free Schools. I sub-
mitted a Dratt of a Bill, giving liberty and power to the inhabitants of each School Section, (but
not compelling them,) through their Trustee — representatives to adopt the Free School System,
without reference either to the Executive Government, or to the Municipal Council, t
3. In the State of New \ork, the compulsory and general Free School Bill has become law ;
in Upper Canada, the Draft of Bill submitted to facilitate the establishment of the local and
voluntary Free School System has not been adopted, j and more forms and obstacles are inter-
posed by the new School Act in the way of establishing the Free School system in any Section
than existed under the Act of last year.§ But, notwithstanding, this partial impediment in
legislation, (which I have reason to believe was unintentional on the part of the Government,)
the principle of Free Schools has been advancing among the people in every County of Upper
* This Address will be found on pages 73-81 of this Volume.
tSee pages 74-76 of the Sixth Volume, 190 of the Seventh Volume, and page 87 of the Eighth Volume of this Documen-
tary History .
t It was not finally adopted by the Legislature of this Province until 1871.
§ That is, the question of a Free, or " Rate Bill," School had to be brought up at each Rural School Section Annual
Meeting, and the question of a choice between the two financial kinds of Schools had then to be decided by a formal vote of
the ratepayers. This annual jcontest in the Rural School Sections continued from 1850 until 1871, when the Legislature
enacted that Free Schools should, in future, be the Law of the Land.
182 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA 1850
f
Canada ; and the inhabitants of many Sections have submitted to all the forms and conditions
required by the law, in order, if possible, to obtain the establishment of Free Schools ; nay,
more, the Local Superintendents have as-ured the Department that the conviction is becoming
very general among the people, that the Free School system is the only true one, — the only <»ne
that will ensure the education of their children, — the only one that will command good Teachers
and lead to the erection of good School Houses throughout the Lind, I indulge the sanguine
hope, that the first year of the appro ichin^ half century will witnes3 the establishment of Fi-ee
Schools in many whole Counties, if not generally throughout the whole Province of Upper
Canada.
4. Let every friend of sound and universal education be impressed with the fact that that
object has never been, and can never be attained except where all the people of all ranks and
classes are combined for the education of all. For more than thirty years has a general system
of Common Schools been established in the neighbouring Stace of New York ; and, yet, through-
out the rural country parts of that State, official reports show, that comparatively little progress
has been made in the character and efficiency of the Schools ; while during the last few years
the most astonishing advancement has been made in the Schools of Cities and Towns. The
whole circle of legislative change and amendment has been completed in the State School Law ;
go that, during the last year, or two, the school legislators have found themselves unconsciously
adopting many of the leading provisions of the first State School Law, passed more than thirty
years ago. The New York State School Law had undergone every variety of modification, yet
a large proportion of the country Schools had undergone little, or no change. In 1844, a State
Normal School was established at Albany to accomplish what legislative and ordinary exertions
had failed to efiect ; but it was manifest that the grand fulorum for intellectuals uplifting the
whole community was still wanting and the example of the Free School in Cities and Towns
and other States was showing, with increased clearness, what that fulcrum was. It has at
length been adopted, and, on it, is placed the lever of the whole State education machinery and
to that is applied the concentrated power of public opinion, ambition and patriotism in the cause
of education. The result cannot be mistaken, although the power of human imagination is
inadequate to picture it.
5. And why may not the goal which has been sought for during more than thirty years by
our New York neighbours be reached by the people of Upper Canada in five years ? Why may
we not march directly to the consummation which has cost others so many years of varied
experiment and earnest disputation ?* In leading his army across the Alps, Napoleon profited
by the experience and losses of Hannibal ; and amateur travellers now avail themselves, as a
pleasurable excursion, of the Simplon highway of Napoleon,— constructed at the expense of so
much labour and treasure. Who would think of crossing the Atlantic in the petty Bark of
Columbus since the invention of Steam Packets ? We should not be less wise and less practical
in the momentous afl^airs of Common Schools. They require the simple application of a few
great principles ; they demand, not legislative experiments, but patriotic exertion,— the united
hearts and hands of all for the common interests of all.
6 A second encouraging circumstance connected with our Common Schools is the increased
attention and interest which are beginning to be manifested in regard to School Legislation A
School Law 18 the mere instrument of establishing Schools on the best foundation, and of sup-
porting and maintaining them in the best manner. The more simply and easily applied that
instrument is the better ; but no School Law can be self-operative, any more than any other law,
and Its efficiency essentially depends on the skill and energy with which it is wielded, and the
provisions it contains for the development and application of that skill and energy with uniform
accuracy, and to the best advantage. Hitherto comparatively little interest has been felt on the
subject of School Legislation , it has occupied a very subordinate place in Executive delibera-
P^rLmif f commanded one really thorough, or serious, discussion in the deliberations of
Tr undTi^nn^ ^^R^"" K '\7^ ^'"' ^^""^ ^^^" P*'«^^ ^'^^^ ^*^« ^^^^^^t ^^^^S either discussed,
Holv fv^l? ^ •. ^"J * ^""^^ •^' P'^^f P^°^ "^^ °P^"«- The Government has formally and pub-
attenUon whth ftf f ™'."^''^ ^^f'''' ".P^° ^^^ '^^j^^' ^^ ^^"^™"" ^^^^^l Legislation that
tnfh^^l-l '^V^'Pur**^'^ demands ; the public Press is beginning to give more attention
to the subject ; and public interest has advanced perhaps fifty per cent under the experience
Lve ^r^uL aU^'w'" '''' 'r^ ^' 'k'' y«*^« The elective authoritLTonhe
several Cities and Incorporated Towns have, with unexampled unanimity evinced an earnpst
^r^a^ to sit or lr?v ■Ph " ?'""* "•• *" t^\^ 8°°^ S"*"^'' """i universal education with-
M^.J^r? ? P^'L'y- ,. ^^^. '"Stances in which personal acerbity and party feeling minele
Sneof hePr"etr«n;''' '?' '^'T'^T "^ ** '"''J«'='- "re marked excepLnf to he J^S
tone of the Press, and clearly meet with no response from the Country at large But in what
ever sp.r.t the subject may be approached, the discussion of it must fend toTn»w pnbllc attet
Cahp. XIV. STATEMENTS AND PAPERS IN REGARD TO THE SCHOOL ACT OF 1850. 183
tion to it ; and past experience shows that the calm and deliberate decisions of the public mind
at large are generally on the side of social elevation and intellectual progress. This has been
most decidedly the case, thus far, in regard to our School Law and School System.
7. Our School Law, as well as that of every educating Country, requires the Head of the
Department not only to administer the Law and to report its operations, but, from time to
time, to repoit also as to the efficiency, or inefficiency, of its provisions, and to point out their
defects, and suggest the proper remedies. The report of every Superintendent of Schools in
the neighbouring States presents examples of the fulfilment of this duty ; and the Chief Super-
intendent of Education in Upper Canada would fail in obeying the law under which he acts,
and be unworthy of his position, did he not, at the most suitable times, plainly and fully state
to the proper authorities the conclusions of his own experience and judi^ment in regard to what
he may think defective in the School Law, and the best means of amending it. The Law which
imposes this responsible duty on the Chief Superintendent assumes, of course, that some atten-
tion will be given to the subjects of his suggestions. The appreciation of the spirit of the
School Law in this respect, by the leading and considerate men of all parties, affords assurance
to all friends of Popular Educition throughout the Land, that our School Law and School
System will soon be placed upon a firm foundation, and not be hereafter disturbed in any of
their parts without due inquiry and felt necessity,
8. Another ground of encouragement in our Country's Educational Work, is the practical
proof already acquired of the possibility of not only improving our Schools, but of successfully
emulating our American neighbours in this raspect. Often have we heari this, both privately
and publicly, pronounced Utopian ; and often have we sought, in friendly discussion, to prove
that it was neither impracticable nor extravagant to aim at rivalling our New York neighbours
in our Common Schools. In addition to general reasoning, facts may now be adduced to
establish this position ; and these facts are as honourable to the people of Upper Canada, as
they are cheering to every patriotic heart. (1), One fact is, that the average time of keeping
the Schools open by qualified Teachers during the last two years, in the State of New York,
has been eight months, while in Upper Canada it has been eight months and a half. (2), A
second fact is, that the amount raised by school Kate Bills has been quite as large in Upper
Canada, in proportion to the population, as in the State of New York. (3), A third fact is,
that the amount raised by local assessments has been as large in Upper Canada, in proportion
to the population, as in the State of New York. (4), A fourth fact is, that the same has been
the case in regard to the amounts raised by local voluntary assessments over and above what
the Law has required in order to secure the apportionment of the Legislative School Grant, —
which, by-the-bye, is as large in proportion to the whole population in Upper Canada as is the
Annual Common School Fund in the State of New York. (5), A fifth fact is, that the number
of Student-teachers attending the Normal School in Upper Canada is larger, in proportion to
the whole number of our Schools, and of our whole population, than in the State of New York.
(6). A sixth fact is, that considerably more progress has already been made towards introducing
uniformity of Text-books in the Schools of our rural districts, than has ever yet been effected
in the State of New York. (7), A seventh fact is, that salaries are offered to, and obtained by,
good Teachers from the Normal School at least twenty-five per cent, in advance of what was
offered two years ago.
9. Now, these facts of a few years' growth in Upper Canada, in comparison with kindred
facts of thirty years' growth in the much older State of New York, fully warrant the statement
I have made, and indicate a noble spirit of intellectual progress and patriotism among the people,
from which may be developed the indefinite improvement of our Schools, and the ready
application of all facilities for diffusing useful knowledge which the wisdom of the Legislature
may provide. For the sake of brevity, I will pass over several other less prominent facts of an
encouraging character, and conclude by two practical remarks.
1. The first is, that no feeling of discouragement should, for a moment, be yielded to, in con-
sequence of any of the unfortunate provisions of the new School Act of 1849. Its provisions will
not seriously affect any of the local authorities and interests until the arrival of the period for
collecting Rate bills, distributing the School Fund, and preparing the School Reports for the
current year ; and, before the arrival of that time, the Legislature will meet, and will no doubt
make such provision as will promote the best educational interests of the Country."^ Municipal
Councils, School Trustees, and Teachers need not entertain any apprehension as to any loss, or
diminution, in the amount of the Legislative School Grant for the current year ; or, as to the
requisite legal provisions to enable Trustees to fulfil all the engagements which they may enter
into with Teachers.
10. The last remark is, that all the friends of education should continue to guard against
the admission of anything like a sectarian, or party, spirit in our School Affairs. From what-
ever source it may proceed, or on whatever pretext founded, let it be frowned down as the worst
* Which it did, by the passage of the important School Act of 1850, which will be found on pages 31-49 of this
Volume.
•
•
184 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
enemy of themselves and children. In eve^ community, in almost every locality, there will
be found individuals steeped in the spirit of extreme p^rtizanship. — men of one idea, and that
idea commonly one of proscription, or hostility, against some body, or party ; and to realize
that idea, no sacrifice of education*! and public interest seems too great in the estimation of its
possessors. These partizans of one idea have broken up many a School, deprived many a child
of educational instruction, and impeded the progress of many an improvement in the relations
and interests of society. The history of our Country aflfords ample evidence that the spirit of
extreme partizanship has been its greatest bane ; and in no respect is the blighting influence of
that spirit so fatal as in the question and affairs of Common Schools, the very existence and
character and advancement of which are so entirely depending on the combined feelings and
mutual co-operation of the people, among whom they are established. In whatever matters
difference of opinion may exist among us as a people, I am sure we may all agree in loving our
Country, in loving our children, and in uniting to provide for them the best possible education.
God grant that this one, grand. Divinely originated, and Divinely expansive idea, may, like
Aaron's Rod, swallow up every serpent idea of petty partizanship, and impart to our posterity
the noblest inheritance that parental wisdom and public patriotism can bequath.
Toronto, January, 1850, Egbrton Ryerson.
CHAPTER X\^
EVIDENCE GIVEN BEFORE THE FINANCE COMMITTEE OF THE
HOUSE OF ASSEMBLY, BY THE CHIEF SUPERINTENDENT OF
EDUCATION, 1850.
In 1850, one of those periodical movements, — the object of which was tech-
nically designated as " Retrenchment in the Public Expenditure,"— took place,
and a Finance Committee was appointed by the Legislature to inquire into the
expenditure of all the Government Departments, including also the several
Branches of these Departments. That inquiry into the expenditure of the Edu-
cation Department, as also into the expenditure of the other Government Depart-
ments, took place in 1850. The following is a statement of the proceedings of the
Finance Committee, so far as they related to the inquiry into the financial opera-
tion of the Education Department.*
THE CHIEF SUPERINTENDENT'S EVIDENCE BEFORE THE FINANCE COMMITTEE.
The Reverend Egerton Ryerson, D.D., Chief Superintendent of Educition for Upper
Canada wi.s called in and submitted, on the 22nd of July, 1850, Answrers to the Questions pro-
posed to him by the Committee : ^ f
f K. Sa^^'?^'" r^^"^** y^ ®^Plain to the Committee the nature of the duties of the Clerks in
Ihl ff".^^'''" r.u ®' Tv ^'''''. ^"""^^ opinion as to the amount of salary which, consistent with
the efficiency of the public service, should be granted to those Clerks ?
'aenJ^\7uL. ^?r'r/"^ .this question, J think it proper to advert, in the first place, to the
f nd t^the Cl 1h r^^^^^^ Pu'^i- ^^"^" ^'^ ^^^ ^«1^' ^«l^ti"« to the Schools in general,
^871 aitlf^r..! . It^^ f n^o^^L''/", particular In reference to the former, each of the
f 'Sdv of the Sohll ^x\ '^^^r ^,^36 School Sections,) in Upper Canada, must be supplied with
ofThe Wl slonrAffi"'' *",1 ^^ ^^f ^^"^« *"d Instructions to execute it ; so, also must each
^ch Sc^l Cori^^^^ ^^""f ' ^'^-^'?- ^*'^ ^^ *^® ^^^*^ ^"^^^^ Superintendents and
Wank R^^L X^' ?. T""" ^' ^''''''^^i ?^""*"y ^^^^ * ^1*"^ School Report, All these
ea^h of th^M/inToTr^Tl P ^^T*' *^lP^;P,»r«? i^' and sent out from the Education Office. With
Tthe 2 871^^h^r/^?^"^'i'' T^ °^'^.^ ^^^^ Superintendents, and with a large proportion
pLle from tfmt^ t'imi aL^f i; 'p ' "' ^"^'i'"""' °' ^'^^^ "^"^"' ^^ 1^«« Correspondene^ takes
Spies or^L^tioT'nff ' Correspondence, in a majority of instances, involves general
K mcXsTDroZdr^^^ disputes,-a desire for informition on doubtful
points, moaes of proceeding, or school improvements of ac»me kind.
•This n.atter. «, far a, the Education Department was concerned, is referred to on page 15 of this Volume.
Chap. XV. EVIDENCE BEFORE FINANCE COMMITTEE OF THE HOUSE OF ASSEMBLY. 185
In this Correspondence, the object of the Department is : not to deal in dry technicalities,
but to give every possible information, to impart correct views, and inspire proper feelings, in
regard to the great objects and interests of the School System.* The Legislative School Grant
is to be annually apportioned to each City, Town, Villlage and Township, as well as County, in
Upper Canada, and notified to the Municipal Councils ; and the data of that appointment must
be annually collected from these localities and examined, which often causes considerable trouble
and correspondence, in consequence of defective Returns, The financial supervision extends,
(as the Official Returns in the Office will show,) not only to every Municipality, but to every
Common School, receiving public aid in Upper Canada ; and the various Statistical Returns
must be compiled for my Annual School Reports, — a work for Mr. Hodgins, the Senior Clerk,
of some months. In addition to this are the Contingencies and Quarterly Accounts, preparation
of School Bills, correspondence on the School Law — which has hitherto been considerable, (as
that printed by Order of the Legislative Assembly last year shows), bit which, I hope, will be
less in future, — various applications and calls at the Office for information, advice, etcetera, by
persons interested in school matters, besides the usual routine common to all Public Depart-
ments. All the Letters, Reports, and other Documents received at the Office, must be endorsed
and fyled away ; all the Official Letters and Documents sent from the Office must be copied
twice, by hand, from the original Drafts, — first, for the post, and secondly, into the appropriate
Letter Books of the Office ; many of them are copied a third time for special use, — as in respect
to the whole of the Correspondence on the School Law laid before Parlinment now, the mechani-
cal part of these various duties and labours is performed by the two Clerks in the Education
Office, — the Senior Clerk being responsible, the Junior Clerk assisting him. Besides, the
Senior Clerk afibids much assistance to me daily in giving information to parties applying at
the Office, and acts as my Deputy, in my absence, — he having thoroughly studied and mastered
the School Law and School System, both in its principles and various details and applications.
In respect to the Second Branch of duties of the Education Office, — those relating to the Pro-
vincial Normal and Model Schools, — I observe that the creation of this most important depart-
ment of our School System, has added much to the responsibilities and duties of the Education
Office, — much more than I had intended, or anticipated. It has, of course, fallen to me to
originate and devise everything connected with the establishment and location of the Institu-
tion ; the appointment of Officers and their duties ; all the details of its government and sys-
tem of management, and measures for improving its efficiency and usefulness. The deliberation
and decision of these matters have required no little time on the part of the Upper Canada
Board of Education.— (now the newly created Council of Public Instruction,) after they have
been brought before it. And, although I have taken no part in teaching, nor in any way
assumed the relation of the Masters to the Students in the Normal School, the Masters have,
ever since its establishment, had almost daily consultations with me, respecting occurrences and
matters connected with the operations of the Institution. The additional duties which have
devolved upon Mr. Hodgins, Chief Clerk, from the establishment of the Normal and Model
Schools, have almost been beyond anything which I had anticipated. The law simply provided
that he should be " Recording Clerk to the Board of Education, and enter all its proceedings in
a Book to be kept for that purpose." But, in addition to that, and giving notices of all Meet-
ings of the Board, it has been found advisable not only to conduct the correspondence, but to
manage all the financial affairs of the Normal and Model Schools, through the Education
Office, — a duty from which the Office and its Clerks are exempted in the neighboring State of
New York. Of course, the execution of all the orders and plans of the Board is under my direc-
tion and upon my responsibility ; and the Chief Clerk is responsible to me.
The system of management is as follows : —
Everything done, or procured, on behalf of the Normal and Model Schools, — including fit-
tings, furniture, repairs, books and stationery, — takes place through the Education Office. An
order, according to a prescribed printed form, must be sent into the Office of the Department,
signed by the Masters of the Normal School, addressed to the Chief Superintendent, for every
article required in either School, whether of Books, Stationery, or repairs about the premises.
If it be a matter of ordinary contingency, the Chief Superintendent approves the order under
a general regulation of the Provincial Board ; if it involves any special expenditure, he lays it
before that Baard for its consideration and decision. In either case, the execution of the order
is entrusted to the Chief Clerk, who purchases all the Books and Stationery required for about
One Hundred stadents in the Normal School, and Two Hundred and fifty pupils in the Model
School, — stores them away in a Room for that purpose in the Department, — gives them out on
the order prescribed, — noting and filing away the orders, together with the bills of all articles
* This view of one of the duties of the Education Department was, in a somewhat varied sense, held by Judges of the
Superior Courts in cases were appeals were made to these Courts on matters which the law authorized the Chief Superin-
tendent to decide. Thus, in the case of an appeal on the subject. Chief Justice Robinson said that he had some doubt
whether [the law authorizing him " to decide upon all matters and complaints submitted to him which involve the expen-
diture of any part of the School Fund "] does not make the Chief Superintendpnt the proper tribunal for determining all
clanns upon any part of the School Fund " 10 Q. R. R. P. 472.
Mr. Justice Burns also held that "the duties imposed upon the Chief Superintendent . . . show that the Legisla-
ture intended to provide a domestic forum for the settlemement of School questions."
186 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
purchased, or work done, so as to compare the items on each Bill with the orders and entries m
the accounts furnished and audited at the end of each quarter. It also devolves "pon the Chief
Clerk to prepare all accounts laid by the Chief Superintendent before the Board of Education,
at the end of each quarter : to pay the same, as also the salaries of the Masters, Servants, and
so forth, employed in the Normal and Model Schools ; to keep the vouchers, arranging, num-
bering, and filing them away ; to ksep the Cash-Book, Ledger, Account Current, and other,
Books recjuired Tto receive the fees, weekly, from the Model School Masters, als-» money for
the Copy and other School Books sold there, and at the Department ; to attend at the Normal
School every Saturday during each Session, to pay and take the receipt of the Students to whom
weekly aid is given ; and generally to attend to all other mechanical duties required in connec-
tion with the Normal and Model Schools, embracing a variety of details, which it is needless to
enumerate. I believe that hundreds of pounds have been saved by this system of careful and
economical management ; and it is by this means that so much has been done with so small a
grant for the establishment of the Normal and Model Schools.
Then as to the salary of the Clerks, 1 think the salary of the Senior Clerk ought to be £250
per annum In the Common School Education Office of the State of New York, at Albany, the
salary of the senior clerk is $1,000 per annum ; and I have reason to know that his duties are
neither so various, nor so responsible, as those of the same Chief Clerk here. The Senior Clerk in
the Education Office there has nothing whatever to do with any matters connected with the State
Normal School ; nearly all the correspondence of the Office is conducted by means of printed
forms, and its decisions and instructions given through the monthly State *' District Common
School Journal," a copy of which is furnished at the public expense, by order of the Legislature,
to every School district, or section, in the State.
The Chief Clerk of this Office is a person of good classical education, — a man of general in-
telligence and ability, — has been selected on the ground of his fitness for the office ; he went
home to Dublin, at his own expense, and at the sacifice of a year and a quarter's salary, and
made himself familiar with the several departments of the great Educational Office of the National
Board in Ireland, and returned with the high testimonials of the Board.* He has assisted me in
the Office ever since I have had charge of it, except during his year's absence on my recommenda-
tion. The duties of the Education Office are very different from those of an Excise, or Post
Office, and require a different < lass of qualifications. I desire those, and no other, to aid me
who feel as deeply interested in the duties and objects of the Office as I do, and who will study
and labour to advance the interests of education and knowledge in every possible way ; and such,
I believe, is the case in regard to both the Senior and the Junior Clerks. In regard to the salary
of the Junior Clerk, I dare say a purely mechanical copyist might be obtained for less than £175.
But I think in a Department, the whole object of which is to promote education, it is desirable
and important that each person employed possess good attainments, and be worthy of implicit
confidence, and cherish an intelligent and patriotic ambition for the educational and social ad-
vancement of the Country. It has been as much my object to seek out persons of this descrip-
tion as my Assistants, as to seek out persons of right feelings and proper qualifications as Masters
of the Provincial Normal and Model Schools. I believe I have been successful in both cases.
The efficiency of my Department is promoted by the talent, intelligence and zeal of each person
connected with it ; and I do not think that £175 per annum is too much to encourage and aid a
young man, such as I have mentioned, to consecrate his time and his life to an employment, in
which every accession of experience, talent and knowledge may be rendered extensively useful.
A second Clerk was allowed, about two years since, on the unanimous recommendation of the
Board of Education ; and the new School Act greatly increases the duties of the Department.
Qiie8tion. Can you suggest any means by which the Contingencies and other Expenses of
your Office can be reduced, having duo regard to the efficiency of the Public Service ?
Answer. I cannot. Having made it my study and ambition to do as much as possible at as
little expense as possible.
Question. Are the Clerks employed in the Education Office in any way occupied in the
printing, publishing, or getting up of the " Journal of Educition.'l
Answer. I write the Editorial articles and make the selections myself ; the Senior Clerk
collects and prepares the Educational, Literary, and Scientific Intelligence, contributes occasional
Editorial notices, and articles ; and reads the proo<^s,— which he usually does in the evenings,
and after or before. Office hours. The Junior Clerk addresses the Journal of Education to per-
sons, to whom It IS sent,— but only during Office hours, when haste is required. Every thing
done in connexion with the Journal of Education, has been done as not appertainina to the
duties of the Education Office, but as a gratuitous contribution to the public, for which (pre-
paring nearly four hundred closely printed octavo p iges per annum, ) neither the Clerks nor
myself have received a farthing s remuneration, except the pleasure and hope of doing good : be-
sides which, at the conclusion of each Volume, a considerable balance has been left against me
• A copy of the»e Testimonials will be found on pasfe 119 of the Fifth Volume of this Documentary History.
Chap. XV. EVIDENCE BEFORE FINANCE COMMITTEE OF THE HOUSE OF ASSEMBLY. 187
on the score of the mechanical expenses of the publication, — which I have paid myself. Many
copies of the Journal of Education have also been gratuitously sent, at my own expense, to
Members of the Legislature, and other Public Persons.
But while I have proceeded in the manner above stated, I wish to state distinctly, that I
consider all that has been done in reference to the getting up the Journal of Education as
coming strictly within the duties of my Office, and that I might properly, not only have done all
that the preparation of it required during Office hours, (could time have been commanded), but
that I might have fairly asked the balance necessary to defray the expenses of its publication,
as contingent expenses of my Office, instead of paying, from time to time, such balance myself.
The School Law expressly requires, (and has done so from the beginning,) the Chief Superin-
tendent of Schools, among other things, " To employ all lawful means in his power to collect
and diffuse information on the subject of Education generally among the people of Upper
Canada." It will be seen by the printed Correspondence on the School Law, recently laid
before Parliament,"^ that, as early as the 29th of December, 1846, I proposed the publication of
the Journal of Education^ as one means of carrying out the provisions of the School Act just
quoted. The needful sanction having been obtained, I commenced it in January, 1848. If,
then, even more than two, or three, days of a Clerk's time had been employed each month, in
promoting such an object, it would have been in accordance with the letter and spirit of the law.
In the State of New York, the law authorizes the Superintendent of Common Schools to *' sub-
scribe for a sufficient number of copies of some monthly periodical exclusively devoted to
* Education,' " to supply a copy to each of the 11,000 Common Schools in the State. In the
Prospectus of the Journal of Education for Upper Canada^ it was stated : — " The whole amount
of the subscription will be devoted to the support and improvement of the Journal, independent
of editorial management." A strict and separate account of every farthing received, has been
kept, and devoted as intimated. If, then, I have undertaken to do, without a Legislative ap-
propriation, what such an appropriation has been made in the State of New York to accomplish,
I think the economical complaint to the Finance Committee, implied in the Question, which I
have now answered, migh^, upon the soundest principles of public economy, have been a recom-
mendation to the Legislature to aid me in circulating a monthly periodical, wholly devoted to
Education, upon broad Christian and patriotic principles.
If it be said, that the law has not expressly authorized the publication of an educational
periodical by the Chief Superintendent of Education, I reply, neither has the law expressly
authorized him to take steps to establish a Provincial Normal School — yet he has done so, and,
in doing so, has, I think, as well as in establishing a Journal of Education, but carried into
effect the provisions of the law.
II. FURTHER EVIDENCE OF THE CHIEF SUPERINTENDENT OF EDUCATION, IN
THE FORM OF A LETTER, TO THE FINANCE COMMITTEE
In addition to the foregoing Answers to Questions proposed by the Finance
Committee of the House of Assembly, the Chief Superintendent wrote the follow-
ing explanatory Letter to the Chairman of that Committee : —
In the Votes and Proceedings of the Finance Committee of Wednesday, the 24th instant, I
observe, in the answer of the Chief Superintendent of Education for Lower Canada to certain
Questions of the Committee, allusions to the Education Department of Upper Canada, calculated
to convey a very erroneous impression, I desire, therefore, to make some further explanation, in
addition to the Answers given in to the Finance Committee by me on Monday, the 22nd
instant.
As there were last year 1,800 Common Schools in Lower Canada, while there were 2,800 in
Upper Canada, and, as the total expense of office management in Lower Canada was £1,678,
while that in Upper Canada was £891, the Superintendent of Education in Lower Canada
accounts in part for the excess in expenditure in his Department over mine, by reference to my
Office, which I beg to correct.
Whether the population of Lower Canada is much larger than that of Upper Canada is, J
think, a doubtful question ; but I think it is not doubtful that the correspondence of an Educa-
tion Office is rather affected by the number of Schools in charge than by the population at
large ; and it must require more expense of printing, stationery, and labour, to supply 2,800
Schools than 1,800. And, had I sent out all the printed copies of the School Act, Forms and Regu-
lations, blank reports, etcetera, by mail, instead of, to as great an extent as possible, by stage
and steamboat, (at a comparatively trifling expense), I might have easily more than doubled the
postage expense of this Department.
* Inserted on page 224-250 of the Eighth Volume of this History.
188 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
9
As a small set oflf for the trouble and expense of the management of the affairs of the
Normal and Model Schools through my Office, (a charge from which the Education Office in
Lower Canada is exempt ,) the servants attending upon those Schools, employed by the Board
of Education, have performed the Messenger duties of the Education Office. To this I may
add that, having procured as a gift Twenty-five complete sets of the series of School Booka and
Reports of the National Board of Education in Ireland, I presented a set of each to the Dis-
trict and City Municipal Councils in Upper Canada, and conveyed them to the Councils to which
they were presented without any charge to the Department. I do not think that any one step
has contributed more than this to make the excellence and cheapness of these valuable Text
Books known to the leading minds of the various Counties, and to secure their extensive intro-
duction into the Schools.
As to the " Superintendent of Education for Upper Canada having been provided with
everything necessary (office room, furniture, etc), a few days after his appointment," I remark,
that for two years after my appointment, I provided my own Office ; and, on the removal of
the Office from Cobourg to Toronto, in June. 1846, when the Board of Education was appointed,
and steps taken to establish a Provincial Normal School, I dovoted a part of my own Residence
for the Meetings of the Beard and the work of the Education Office, until the following Janu-
ary, 1847,— providing Office attendance and fuel, for the last three months of the time, — for
which I never asked, nor received , a farthing's remuneration.
I should not have adverted to any of the subjects above mentioned, had it not been for the
reference, to which I have alluded. But, as I had not myself instituted any comparison between
the Educatioi} Offices of Upper and Lower Canada, I do not think that I should allow, without
correction, a comparison of the kind to be instituted upon erroneous and prejudicial reference
to my Department.
Under the single head of salaries, the Chief Superintendent and Clerks in the Education
Office of Lower Canada received last year (besides arrears,) the sum of £900, while the corres-
ponding officers in Upper Canada received onlv £655. Nor have I charged the Department a
farthing for all my travelling expenses since 1847, -though they have amounted to a consider-
able sum, and would, I dare say, have been allowed had I submitted them; as no item, that I
have ever charged in the Contingent Expenses of my Department has, in any one instance,
been objected to. This year the Contingent Expenses of my Office will be necessarily increased,
&a I must supply, not only copies of the new School Act with Forms, Regulations and Instruc-
tions to all the Common Schools, Councils, etcetera, in Upper Canada, but I propose, in
addition, to prepare and furnish blank School Registers, Visitors' and Trustees' Books ; so as
to relieve the Local School authorities from the inconvenience they have heretofore experienced
for want of such Books, and the requisite information to procure them, and correctness and
uniformity in the working of the entire School System.
Toronto, 29th of July. 1850. Egerton Ryerson.
Comparative Cost of the Promotion of Education in Upper and Lower
Canada by the Government
In connection with the foregoing reference to the comparative Expenses of
the Department of Education in Upper and Lower Canada the following Letter
on the subject indicated by the above heading, written by Doctor Ryerson, in
reply to a correspondent of the Montreal Pilot may be appropriately inserted
here. He said : —
A writer in the Montreal Pilot, having instituted a comparison between the efforts of the
fw?P ^i?''''"^^?^;!°*^^^"?"^'PP^^*°^^^®^<^a^^^^ I <i^8ire to say that whatever
Ch^f<^.^^-\,^r she has got It primarily and simply through the instrumentality of her
nrnl f "P7»tendent of Education, who has framed the Laws, and matured every Measure and
dnrli ll''' the accomplishment of everything stated by your correspondent ; and he has
for So^Zn ^l^^' *^^^^^«°^1 ^.^rl^^T '^? Legislature, or Government, of one single soSs
;^«^?^ P r^P^'PT'u ^il ^^*^ ^^ ^«^" d««« i^ ^^PPer Canada has been done out of
ki froTthe 'sui'rJn^^^^^^^^^ he £50,000 annual grant for the support of Common Schools So
lai trom the bupenntendent of Education m Lower Canada having been " with hardlv anir
means at his disposal" while the Superintendent of Education i^Uppi Canada h^been 2^^^^^
the £6^'J)S P^^^^'^T ' *^ ^«r"' ^"^ ^^ ^' ^'' ^"""'^^ disposarthe Lower Canada shae^^^^^
£21^'?$^^T th^Tn^ of £29,000 ($116,000,) while the latter has had only
A^i.UUO, (f84,000,)-the Upper Canada share of the grant. All that has been done in Upper
Chap. XV. MEANS TO PROMOTE THE EFFICIENCY OF THE SCHOOL SYSTEM OF U.C. 189
Canada for the establishment of a Normal and Model Schools, Teachers' Institutes, and so forth,
has been deducted from the £21,000. The uniform series of Text- Books has been introduced
without costing the School fund, or the Province one penny, but, on the contrary, effecting a
great saving to the public in the price of Text-Books, as well as in the improved system of
instruction thereby introduced ; and the Journal of Education has been established by the Chief
Superintendent himseif, and continued at his own expense. It appears also from printed parlia-
mentary papers, that the expenses of the Lower Canada Education Office in 1849 were £1,678,
($6,712,) while those of the Upper Canada Education Office were only £891, ($1,164.) It is
thus pbin that the "lavished profusion " has been all on the side of Lower Canada, while the
stinted means but the gratifying success have been on the side of Upper Canada. . .
Toronto, July, 1850. Egebton Ryerson.
CHAPTER XVI.
PROPOSED MEANS TO PROMOTE THE EFFICIENCY OF THE SCHOOL
SYSTEM OF UPPER CANADA.
The efforts put forth by the Education Department in 1848, to bring the
mode of teaching in the Normal School home to the Schools of the Country, in
a practical shape, was very much more successful than was at first anticipated.*
It was felt that to follow up that plan of reaching the Schools and of coming
into personal contact with their Teachers would be sure to lead to a vast improve-
ment in the methods and practice of such Teachers of the rural Schools as had
not the advantage of a Normal School training. The Chief Superintendent*
therefore, decided early in 1850 to apply to the Government for authority under
the School Act of 1850, to hold, in that year, a series of Teachers' Institutes, by
the Masters of the Normal School, in the various Counties of Upper Canada.
With that view, he addressed the following Letter to the Honourable James
Leslie, Provincial Secretary, on the subject. The Letter explains the purpose and
object of these Institutes • —
1. THE HOLDING OF COUNTY TEACHERS' INSTITUTES BY THE MASTERS OF
THE PROVINCIAL NORMAL SCHOOL.
The sixty-fifth Section of the present School Act, of 1850, (12th Victoria, Chapter 83,)
authorizes the Governor-General-in-Council, to sanction the holding of a Teachers' Institute,
(or meeting of Teachers during a few days for professional improvement,) in each County in
Upper Canada, " under such Regulations as may be prescribed by the Chief Superintendent of
Education."
As the Board of Education for Upper Canada has determined not to commence the next
Session of the Normal School before the first of September, 1850, it has been proposed and
concurred in by the Board, that the Masters of the Normal School should employ a part of the
next four months in holding short Teachers' Institutes in the several Counties of Upper Canada.
The Masters of the Normal School have heartily responded to the proposal ; and, I think, we
shall be able to provide for their travelling expenses out of the Grant to the Normal School,
and not ask for any part of the sums allowed to be advanced out of the general School Grant,
by the Section of the Act referred to.
I respectfully pray, therefore, that the Governor-General-in-Council, will be pleased to
sanction the holding of such Teachers' Institutes, during the ensuing Summer.
Egerton Ryerson.
Toronto, 24th of April, 1850.
* The mode adopted to bring this desired object about was to request the Head Master of the Normal School to embody
the result of his long experience as School Inspector, in a series of suggestions to the local County Inspectors, as to the best
methods of inspecting Schools. See pages 52-56 of the Eighth Volume of this Documentary History.
190 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
Reply. I have the honour to inform you Ihat His Excellency, the Governor General-in-
Council, has been pleased to approve of the suggestions contained in your Letter of the 24th
instant, videlicet, that the Masters of the Normal School should employ a part of the next four
months in holding short Teachers' Institutes in the several Counties of Upper Canada.
J. Leslie, Secretary.
Toronto, 25th April, 1850.
Circular from the Chief Superintendent to School Teachers, and Superintendents,
THE HOLDING OF TeACHERS' INSTITUTES IN UpPER CaNADA.
ON
The sixty-fifth Section of the present School Act of 1850 authorizes the holding of a
Teacher's Institute in each County in Upper Canada, under such Regulations as may be pre-
scribed by the Chief Superintendent of Education, by and with the sanction of the Governor-
General-in-Council.
The requisite sanction has been obtained for that purpose. The Provincial Board of
Education has proposed to the Masters of the Normal Schools to devote a part of the next few
months to conducting such Institutes ; and Messieurs T. J. Robertson and 11. Y. Hind have
very cordially acceded to the suggestion, and expressed their utmost readiness to visit all the
Counties in Upper Canada, as far as practicable, in the prosecution of a work for which they
are so admirably qualified. It becomes, then, my ofiicial duty to specify some of the Regulations
which should govern the proceedings of those Teacher's Institutes, before stating the times at
which they will be held in the several Counties in Upper Canada.
A Teacher's Institute is a Meeting of Teachers assembled two, four, or ten, days, or two,
or four, weeks, for the purpose of improvement in their profession. During each evening of
such Institute, a Public Lecture is usually delivered on some subject connected with Common
School Education. During each day, the Teachers composing the Institute, are either formed
into classes, for school exercises, under able instructors, or discuss the modes of teaching the
various subjects, of Common School Education and School Organization and Discipline.
What is contemplated during the approaching Summer, is intended as a preparation for, or
introduction to, Teacher's Institutes, rather than holding such Institutes themselves. It is
intended to limit each Meeting, (with one, or two, exceptions), to two days, including two
evening Lectures, — the first on the eve of the first day of the Institute, the second on the
evening of that day. In some cases, a third Lecture may be delivered on the evening following.
The evening Lecture will commence at 8 o'clock. The exercises each day will commence in
the mornmg at Nine o'clock, and continue until noon, and will be resumed in the afternoon at
two o'clock, and close at five.
The subjects that will engage attention during these exercises will be chiefly, the Method
and Principles of Teaching, Reading, Writing, Orthography, Geography, (with maping) Natural
and General History, Grammar, and, in some instances, perhaps, higher subjects ; also School
Government and Discipline. Some of the subjects may occupy much less time and attention
than others, according to their relative importance, and as circumstances may suggest. Collateral
subjects may, on some occasions, be introduced ; but the proceedings of each Institute will be
under the direction of the Masters of the Normal School.
During many years such Institutes have been held in various parts of Germany; and,
during the last four, or five, years, they have been held with great advantage and success in
New York and the New England States. They have been numerously attended by Teachers,
School Ofticers, and other Educationists, and have been productive of the happiest results, in
respect \ oth to Teachers and large portions of the community where they have been held.
Shall we have proof, m the experiments now to be made, that such Institutes may be held
with success in Upper Canada ? Will Canadian Teachers show that they have as much energy
and noble ambition to attend anH participate in the proceedings of such Institutes as Teachers
in other Countries. If Teachers desire their position and profession to be advanced, they must
exert themselves, and not to depend on others, or sit-down in complaining inactivity. No one
circumstance would speak more in behalf of Canadian School Teachers than to see them, hs
one man, attendmg the Institutes about to be held ; and the proceedings of such Institutes,
largely attended, cannot fail to be individually useful to Teachers, and would give a powerful
impulse to the cause of Public Education in Upper Canada.*
The following are the times and places at which Messieurs Robertson and Hind will hold
Teacher s Institutes for the several Counties in Upper Canada.
(Note. This list, being local and temporary, isnot inserted here)
the '^^aLiTz'j{^^.^^z&l^^
Chap. XVI. MEANS TO PROMOTE THE EFFICIENCY OF THE SCHOOL SYSTEM OF U.C. 191
Let it be specially observed that the first Lecture in each place above mentioned, will be
delivered in the evening previous to the holding of the Institute ; and it is hoped that Teachers,
and all others purposing to attend the Institute, will be present at the preceding evening's pre-
liminary Lecture, and thus be prepared for entering on the proceedings of the Institute on the
morning following.
Egerton Ryerson.
. Toronto, 16th April, 1850.
II. BY THE OFFICIAL PUBLICATION OF THE JOURNAL OF EDUCATION.*
Two years after his appointment as Chief Superintendent of Education he
addressed a Letter — in December, 1846 — to the Honourable Dominick Daly, the
then Secretary of the Province, on the importance and desirability of publishing
a Journal of Education, in order, among other things, to aid the Department in
the execution of the School law. It was not, however, until, in response to the
following Letter, that the sanction of the Government of Lord Elgin was given
to the official publication of that periodical. From January 1848 until July
1850, the Journal was published at Doctor Ryerson's personal expense.*
Letter to the Honorable James Leslie, Provincial Secretary, July, 1850.
I have the the honour to submit to the favourable consideration of His Excellency the Gov-
ernor General-in-Council, the propriety and advantage of my being authorized to make the
Journal of Eduucation for Upper Canada the medium of official notices, instruction, and so forth,
to Municipal Councils Superintendents, and other officers concerned in the administration of the
School Law. This will be a great saving in expense in postage, a convenience to this Department
and to all parties concerned, and a means of diffussing much practical imformation on School
matters generally.
In the neighboring State of New York, this practice has long obtained in the School Depart-
ment. The State Superintendent is authorized to subscribe, annually, to the amount of Two
Thousand, four hundred dollars, ($2,400 ) for some monthly School Journal, of which he approves,
to be supplied to each Schoool district, (called School Section with us,) throughout the State, and
make such Journal the medium of publishing the School Law, and communicating on School
matters with local School authorities. The Educational Journal selected is not edited, but only
approved of, by the State Superintendent. On the contrary, 1 have assumed both the labour
and responsibility of publishing a monthly Educational Journal. 1 he Fifteenth clause cf the
Twelfth Section of the new School Bill of 1850, which passed the Legislative Assembly last week,
makes it the duty of each Corporation of Trustees to procure, annually, for the bene6t of their
School Section, some periodical devoted to Education, I suppose, that, generally, if not univers-
ally. Trustees will feel it their duty and interest to procure the Journal of Education for Upper
Canada. Making that /owrnaZ the medium of Official Notices, Communications, and so forth,
would add to its value and usefulness, and render all parties interested in the School System, of
Upper Canada desirous of procuring it ; and, as I purpose to do, as I have done, — devote every
farthing received on account of the Journal of Education in defraying the mechanical expenses
of its publication, every additional subscriber will enable me to increase its value by illustrations
in different departments of art, science, and natural history, [and School Architecture,] and make
other improvements which I cannot undertake without a large subscription.
The convenience and practical benefits of the suggestion which I now submit, may be inferred
from the following extracts of reports by the Superintendent of Schools in the State of New York.
In his report for 1847, he says, —
"The State subscription to this periodical [The District School Journal] has been continued by the
undersigned [the Honourable N. S. Benton] since his appointment, under the full conviction of its
necessity and importance, not only as a convenient medium of transmitting and diffusing the Orders,
Regulations and Decisions of the Department, and the various Laws passed from time to time, by the
Legislature, in relation to Common Schools, to every School Officer in the State, but, as a most useful
-agent in promulgating interesting and important information equally beneficial to the public.*'
The present State Superintendent of Schools (the Honourable C. A. Morgan,) in his School
Heport to the Legislature for 1849, received by me a few weeks since, says, —
* See pages 271, 272 of the Sixth Volume of this Documentary History,
192 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
,.._ t
"The continuance of the annual appropriation for a monthly periodical, exclusively devoted to
the subject of Education, and which shall serve as a medium of communication between this Depart-
ment and the officers and inhabitants of the several school districts, is respectively recommended."
I do not propose that any Notices, Circulars, Acts, and so forth, inserted in the Journal of
Education should be charged as advertisements ; but I only desire that the Governor Oeneral-
in-Council may be pleased to approve of my employing this method of communicating with
Municipal Bodies and School Officers on School matters connected with this Department.
Toronto, 16th of July, 1850. Egerton Ryerson.
Reply. I am directed by the Governor General to state in reply to your Letter of the
16th instant that His Excellency has been pleased to direct me to communicate to you his ap-
proval of the plan therein proposed, videlicet, of making the Jonrncd of Education for Upper
Canada the medium of communicating official Notices, Instructions, and so forth, from your
Department to Municipal Councils, Superintendents, and other persons concerned in the
administration of the School Law in Upper Canada.
Toronto, 30th of July, 1860. J. Leslie, Secretary.
III. BY ESTABLISHING PUBLIC SCHOOL LIBRARIES IN UPPER CANADA.
With a view to collect specimens of interesting Books, suitable for Public
School Libraries in the Cities, Towns, Villages and Townships in Upper Canada,
the Chief Superintendent, in September, 1850, addressed the following Circular
on the subject, to Book Publishers in the United States : —
I have the honour to invite your attention to measures which are about being adopted to
introduce and establish County, Township, City, Town and School District Libraries- in Upper
Canada. In the Municipal system of government, which exists in Upper Canada, we have
elective County, City, Township and Town Councils,— each of which is invested with authority
to raise any sum, or sums, of money it may deem expedient for the establishment and mainten-
ance of a School Library, or Libraries, for such County, City, Township, or Town. A certain
portion of the Annual Public Revenue is set apart by an Act of the Legislature to encourage
and aid in the establishment of such Libraries,— always upon the condition that there shall be
raised, from local sources, a sum equal to what is granted from the Public Revenue. The
amount available under these provisions of the Statute for Library purposes is about Twenty
five thousand dollars, ($26,000), per annum, and will doubtless be annually increased.
'^? amount set apart annually by the recent Act of the Legislature for the establishment of
School Libraries, is to be apportioned and expended under the direction of, the Chief Superin-
^ndent of Education for Upper Canada. The Books for such Libraries, as well as the Text-
Books used m the Schools, are to be recommended by a Council of Public Instruction, of which
the Chief Superintendent of Education is a Member. Our School Law requires the Chief Super-
intendent of Education, among other things, —
''StvtiUhly. To take the general Superintendence of the Normal School; and to use his best
*ene?aip" P^^^'^^ fo'" an^ recommend the use of uniform and approved Text-Books in the School
of slhSf t&h'^-'' f"'^'"^ all lawful means in his power to procure and promote the establishment
'^::^^y::i:srs^^^^:':^ii^:T.d'''''''' "^^'"' '"'°™''*'™ °" ">e subject „fedSc
mav'L^^*/''^'?'- 'J?««^"",t t«the Council of Public Instruction, all Books or Manuscripts which
And .mong the dutie. of the Council of Public Instruction are the following -
Teachers, .„d for School LiWrie. thZghout uSrCanada'' '"'' classification of Schools and
Chap. XVL MEANS TO promote the efficiency of the school system of u.c. 193
*' Fifthly. To examine, and, at its discretion, recommend, or disapprove, of Text Books for the
use of Schools, or Books for School Libraries ; provided always, that no portion of the Legislative
School Grant shall be applied in aid of any School in which any Book is used that has been disap-
proved of by the Council, and public notice given of such disapproval."
You will observe by these extracts from our School Law, that provision is made for the intro-
duction and use of two classes of Books, — Text Books for our School, Books for our School Libr-
aries. We have already adopted and introduced into more than two-thirds of our three thousand
Schools in Upper Canada, on uniform and admirable series of Text Books, — except in the ele-
ments of Chemistry and some branches of Natural Philosophy. What we now have in view, and the
object of this Communication, relates to the introduction of School Libraries. We are not yet
publishers, or printers, of miscellaneous Books ; we must import them. We propose to do so,
both from the United States and Great Britain. Most of our popular Library Books are as
suitable to Canada, as they are to the United States.
I, therefore, address this Circular to you, to request of you, (if you think proper,) to trans-
mit my address, and at the expense of this, Department, for carriage, specimens of such Books
published, or sold, by you, as you may think would be suitable for Public School Libraries,
and the lowest Cash prices at which you will, from time to time, dispose of such Books to this
Department, for the purposes contemplated. The Council of Public Instruction for Upper
Canada will cause each of such specimens of Books to be carefully examined, and select those of
them which may be approved, recommend them in a Catologue to public favour, and procure as
many copies of them, from time to time, as may be required for the proposed Libraries.
That you may fully understand our object and mode of proceeding, I beg to make the fol-
lowing additional explanation : —
1. As there are no Public Libraries in most of the Counties of Upper Canada, we intend
to make the Public School Libraries as comprehensive as possible, to meet the public wants.
2. No part of the School Library Fund will be expended in the purchase of any Books not
sanctioned by the Council of Public Instruction ; and the Books thus sanctioned and desired,
will be procured through this Department.
3. The Books thus procured by this Department will be disposed of to the Local Councils
and School Authorities, for the purpose of such Libraries alone, and not to any other parties of
private individuals ; so that the introduction of the Books into our Public Libraries, will not
interfere with the ordinary sale of them to private parties, but will be a sort of advertisement of
them, and will probably contribute greatly to extend the sale and circulation of them through
the ordinary channels of the Book trade.
Toronto, 27th of September, 1850. Egerton Ryerson.
Explanatory Note in regard to the Selection of Library Books.
Soon after the foregoing Circular was sent to the American Publishers
Doctor Ryerson left Canada, on the 8th of October, 1850, on a visit to the United
States and England, with a view to make personal arrangements with Publishers,
in both Countries, for the supply of Library Books. As only a very few books
had been received from the American Publishers, in reply to the Circular, and
scarcely any of them of a description suitable for Libraries, I wrote to him
Dr. Ryerson to that effect, while he was in England. In reply, he said : —
" I am inclined to think that the large Publishing Houses do not wish to go to the trouble
and expense themselves of selecting the Books asked for ; but are quite willing and desirous of
sending any number of Books that I may select from their Catalogues. A wish to this effect
was expressed to me by one of the Harpers' firm, and I have had to pursue this course in
London. Perhaps I shall have to do so in Boston and New York, before T return to Canada,
and I shall then arrange with the American Publishers, individually, as to terms, the same as I
have done in London.
I have not yet arranged with the Committee of the Privy Council on Education, in respect to
the procuring of Books from them, upon the same terms that they have arranged to procure them
from the Publishers and to furnish them to Schools aided by them, — that is, on an average of forty-
three per cent, below the selling prices to the public. In their official list are embraced all the
Maps, as well as best School Text Books, that are published in England and Scotland, including
those of the Irish National Board.
13 D.E.
194 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 185
r
CHAPTER XVII.
FORMS AND INSTRUCTIONS FOR EXECUTING THE PROVISIONS
OF THE SCHOOL ACT OF 1850.
1. Forms and Instructions for Municipal Councils and Boards of School Trustees in
Cities, Towns and Incorporated Villages in Upper Canada.
First. The Foroy-seventh and Twenty-fifth Sections of the Act of 1850 require that the Mayors
of Cities and Towns and the Town Reeves of Incorporated Villages shaU call the first School Meetings
?n their respective Municipalities for the election of School Trustees. The Sections of the School Act
of 1850 are so explicit as to the manner in which such notices should be given, that they are not
inserted in this place.
Secoiul. According to the Twenty-sixth Section and the ninth clause of the Twenty-fourth Sec-
tion, the annual and special Meetings for the election of Trustees, and for any other school purpose,
are to be called by the Board of School Trustees of each City, Town, or Incorporated Village, ihe
notices in every such case should be signed, in behalf of the Board of Trustees, by the Chairman, or
Secretary. . . .
Third. School Trustees in Cities, Towns and Incorporated Villages, can adopt such forms as they
may think proper, in laying, from time to time, before their respective Councils Estimates of the sums
re<iuired by them for Common School purposes ; In preparing for publication the annual reports of
their proceedings, and to facilitate the performance of this duty, a blank annual Report will be pre-
pared by the Department and transmitted to the Board of Trustees in each City, Town and Incorpora-
ted Village. . . .
II. Forms and Instructions for County Municipal Councils, County Boards of Public
Instruction, and Local Superintendents of Schools.
First. The Duties of County Councils, or the Councils of Unions of Countries, are so clearly stated
in the several clauses of the Twenty-seventh Section of the Act, that it is needless to make any ex-
planatory remarks in reference to them ; nor it is necessary to furnish any bonds of security required
of County Treasurers, or Sub-Treasurers, of School moneys, or forms of notices required of each County
Clerk to each Local Superintendent of his appointment and of the amount of money apportioned to the
Township, or Townships, of his charge, and to the Chief Superintendent of the name and post-office
address of the County Treasurer and of each Local Superintendent.
The Treasurer of each County, City, or Town should either apply personally, or appoint, by Power
of Attorney some person at the Seat of Government, to apply and receive the Legislative School Grant
apportioned to such County, City, or Town. ...
Second. On the fidelity and ability with which County Boards of Public Instruction fulfil the
functions assigned to them in the Twenty-ninth Section of the Act, depend the character and efficiency
of the Schools as affected by the character and qualifications of the Teachers. Much has been said
about incompetent Trustees and their employment of incompetent Teachers ; but Trustees cannot era-
ploy such Teachers by means of the School Fund, unless such Teachers are licensed to teach. It,
therefore, remains with the County Boards, (chiefly with the Local Superintendents,) to say whether
a penny of the School Fund shall be misapplied in payment of any intemperate, immoral, or incompe-
tent Teacher. In giving Certificates of Qualification, County Boards should not, therefore, regard in-
dividual applicants, but the interests of youth, the destinies of the rising and future generations of the
country. The functions of County Boards of Examiners will commence with the year 1851, when a
Programme of Examination and Instructions, as authorized by the Twenty-ninth Section of the School
Act of 1850, will.be provided, according to which the future examinations and classifications of Teachers
will be conducted and determined.
Third. No explanation can make the important duties of each Local Superintendent plainer than
the several clauses of the Thirty-first Section of the School Act ; and the form of conducting the cor-
respondence which the duties of his office requires, is left to his own judgment. . . .
III. Miscellaneous General Remarks and Instructions.
First. Appeals to the Chief Superintendent of Education.— All parties concerned in the operation
of the Common School Act have the right of appeal to the Chief Superintendent of Education ; and he is
authorisetl to decide on such questions as are not otherwise provided for by law. But, for the ends of
• Only the more important Forms and less diffused Instructions are inserted in this Chapter.
Chap. XVII. INSTRUCTIONS FOR EXECUTING THE PROVISIONS OF THE SCHOOL ACT. 195
justice, — to prevent delay, and to save expense, it will be necessary for any party thus appealing to
the Chief Superintendent :
First. To furnish the party against whom they may appeal, with a correct copy of their Com
munication to the Chief Superintendent, in order that the opposite party may have an opportunity of
transmitting, also, any explanation or answer that such party may deem expedient. Second. To
state expressly, in the appeal to the Chief Superintendent, that the opposite part}' has thus been noti-
fied of it. It must not be supposed that the Chief Superintendent will decide, or form an opinion, on
any point affecting different parties, without hearing both sides, — whatever delay may at any time be
occasioned, in order to secure such a hearing.
Second. The foregoing directions do not, of course, refer to Communications asking for advice on
•doubtful points, or prudential measures of a local, or general, character.
Third. Communications generally. — The parties concerned are left to their own discretion as to
the forms of all communications, relating to Common Schools, for which specific Forms are not fur-
nished.
Fourth. All communications with the Government, relating to Schools conducted under the
authority of the Common School Act, 1.3th and 14th Victoria, Chapter 48, should be made through the
Education Office, Toronto.
Fifth. Communications with the Government, not so made, are referred back to the Education
Office, to be brought before His Excellency through the proper Department — which occasions unneces-
sary delay and expense.
CHAPTER XVIII.
GENERAL REGULATIONS FOR THE ORGANIZATION, GOVERNMENT
AND DISCIPLINE OF COMMON SCHOOLS IN UPPER CANADA.
ADOPTED ON THE 5TH DAY OF AUGUST, 1850, BY THE COUNCIL OF PUBLIC INSTRUC-
TION, AS AUTHORIZED BY THE COMMON SCHOOL ACT OF 1850.
Section 1. Hours of Daily Teaching, Holidays and Vacations in the Schools.
First. The hours of teaching each day shall not exceed six, exclusive of all the time allowed
at noon for recreation. Nevertheless, a less number of hours for daily teaching may be deter-
mined upon in any school, at the option of the Trustees.
Second. Every alternate Saturday shall be a Holiday in each School.
Third. There shall be three vacations during each year ; the first, eight days at Easter ;
the second, the first two weeks in August ; the third, eight days at Christmas.
Fourth. All agreements between Trustees and Teachers shall be subject to the foregoing
Regulations ; and no Teacher shall be deprived of any part of his salary on account of observing
allowed Holidays and Vacations.
Section 2. Duties of Common School Trustees in Rural School Sections.
First. The full and explicit manner in which the duties of Trustees are enumerated and
stated in the several claused of the Twelfth Section of the School Act, renders it unnecessary to
do more, in this place, than make some expository remarks on the nature of the General Duties
of Trustees, and the relations subsisting between them and the Teachers whom they employ.
The law invests Trustees with most important functions ; they are a Corporation, and, as such^
the ownership and control of the School Site, School House, and all the Property attached there-
to, is vested in them ; they are to provide and furnish the School House and Premi.i?es, and
Apparatus and Text-books for the School ; and they alone have authority to employ the Teacher.
Their duties are, therefore, of the greatest importance, and they should be well understood.
Second. While the Trustees employ the Teacher, — agree with him as to the period during
which he shall teach, and the amount of his remuneration — the mode of teaching is at the option
of the Teacher ; and the Local Superintendent and Visitors alone have a right to advise him on
the subject. The Te&cher is not a mere machine, and no Trustee, or parent, should attempt to
reduce him to that position. His character and his interest alike prompt him to make his
instructions as efficient and popular as possible ; and if he does not give satisfaction, he can be
dismissed, according to the terms of his agreement with his employers. To interfere with him,
and deprive him of his discretion, as a Teacher, and then to dismiss him for inefficiency, which
is the natural and usual result, is to inflict upon him a double wrong, and frequently injures the
19(3 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
f
pupils themselves, and all parties concerned. It should then be distinctly understood, a»
essential to the Teacher's character, position and success, that he judge for himself as to the
mode of teaching in his School, including, of course, the classification of pupils, as well as the
manner of instructing them. It is, nevertheless, the duty of the Trustees to see that the School
is conducted according to the Regulations authorized by the School Law.
Third. It is, therefore, important that Trustees should select a competent Teacher. The
best Teacher is always the cheapest. He teaches most, and inculcates the best habits of learn-
ing and mental development, in a given time ; and time and proper habits are worth more than
money, both to pupils and their parents. Trustees who pay a Teacher fairly and punctually^
and treat him properly, will seldom want a good Teacher. To employ an incompetent person,
because he oflFers his incompetent services for a small sum, is a waste of money, and a mockery
and injury of the youth of the neighbourhood. We entirely concur with the National Board
of Education in Ireland, in the following estimate of the qualities of a good Teacher : —
" A Teacher should be a person of Christian sentiment, of calm temper, and discretion ; he
should be imbued with the spirit of peace, of obedience to the law, and of loyalty to his Sovereign ;
he should not only possess the art of communicating knowledge, but be capable of moulding the mind
of youth, and of giving to the power, which education confers, a useful direction. These are the
qualities for which Patrons, [or Trustees], of Schools, when raakirg choice of a Teacher, should
anxiously look."
Fourth. Trustees will always find it the best economy to have a commodious School-House,
kept comfortable, and properly furnished. It is as difficult for pupils to learn, as it is for the
Master to teach, in an unfurnished and comfortless School-House.*
Fifth. In the selection of Books to be used in the School, from the general list authorized
according to law, the Trustees should see that but one series of Reading Books, one Arithmetic,
or one for the beginners and another for the more advanced pupils, one Geography, etcetera,
should be used in any one School, in order that the scholars may be classified in the several
branches which they are studying. Heterogeneous School Books, (however good each Book may
be in itself,) render classification impossible, increase the labour and waste the time of the
Teacher, and retard the progress of the pupils. But the Teacher and pupils labour at the
greatest disadvantage, when they are compelled to use Books which are as various as the
scholars' names.
Section 3— Duties of Common School Teachers.
The Sixteenth Section of the School Act of 1850 prescribes, in explicit and comprehensive
terms, the duties of Teachers ; and no Teacher can legally claim his salary, who disregards the
requu-ements of the law. Among other things, the Act requires each Teacher to " maintain
proper order and discipline iu his school, according to the Forms and Regulations which shall
be provided according to law." The law makes it the duty of the Chief Superintendent of
Mucation to provide the Forms; and the Council of Public Instruction have prescribed the
following Regulations for the guidance of Teachers in the conduct and discipline of their
ochoola. '^
It shall be the duty of each Teacher of a Common School ;—
, .,.f*''f . To receive courteously the Visitors appointed by law, and to aflford them every
facility for inspecting the Books used, and to examine into the state of the School ; to have the
Z'^^Z f ?K Tif' \Y -^^ ,7'''^*"" "'*^' '^ ^^^y ^^°^«^' ^^^*^^ ^«™^»-k« in it. The frequency
WW. by inteUigent persons, animates the pupils, and greatly aids the flithful
wKJn?-.^' '^'^ ^^®P ^\^ Registers accurately and neatly, according to the prescribed forms :
which 18 the more important under the present School Act, as the Thirty-first Section of it
lit ea^h's^htl "'"'"" '' ''' '""' "'^^^ '""' according to the average Ltendanc^Xupils
«plf ^^nf\^ ^J'^i^'^^A^^ ^^'l'^"^ according to the Books used ; to study those Books him-
self , and to teach according to the improved method recommended in their prefaces.
of r«^Xl> '^''a "^'"'''^ ^J""^^^^' '°^> ^"P^^«« "P^ the minds of the pupils, the great rule
and pl^^e" ^ '°^ order,-'' a time and a place for everything, and everytfin^g in its pfo^^r tim^
a^nl;.Xir fo? al/chUd?e'n of l?h^7!i?7n"tVei?Uro^,"^^^^^^^^^ upon School Trustees to " provide adequate
the Rejrulatlonj defined to include a Schoof 8 te of an acTe in extent Pen^^'Ti''''*^' V'V'Y'^ accommodotion was in
etcetera ; the size of the School Eoom was also defined. ' ' Playground, Wells, Separate Offices, Maps,
Chap. XVIII. REGULATIONS FOR THE GOVERNMENT OF SCHOOLS IN U.C. 197
sonal inspection every morning, that the children have had their hands and faces washed, their
hair combed, and clothes cleaned and, when necessary, mended. The school apartments, too,
should be swept and dusted every evening.
Sixth. To pay the strictest attention to the morals and general conduct of his pupils, and
to omit no opportunity of inculcating the principles of Truth and Honesty ; the duties of respect
to Superiors, and obedience to all Persons placed in authority over them.
Seventh. To evince a regard for the improvement and general welfare of his pupils, to
treat them with kindness combined with firmness ; and to aim at governing them by their
affections and reason, rather than by harshness and severity.
Eighth. To cultivate kindly and affectionate feelings among his pupils ; to discountenance
quarrelling, cruelty to animals, and every approach to vice.
Section 4. — Duties of Common School Visitors.
lirst. The Thirty-second Section of the Act of 1850 provides that all Clergymen recognized
by law of whatever Religious Denomination, Judges, Members of the Legislature, Magistrates,
Members of County Councils, and Aldermen, shall be School Visitors ; and the Thirty-third
Section of the Act prescribes their lawful duties.
Second. The parties thus authorized to Act as Visitors, have it in their power to exert an
immense influence in elevating the character and promoting the efficiency of the Schools, by
identifying themselves with them, by visiting them, encouraging the pupils, aiding Teachers,
and impressing upon parents what are their interests and duties in the education of their
offspring. In visiting Schools, however, Visitors should, in no instance, speak disparagingly of
the instructions, or management, of the Teacher in the presence of the pupilp ; but, if they think
it necessary to give any advice to the Teacher, they should do it privately. They are also
desired to communicate to the Local, or to the Chief Superintendent of Education any thing
which they shall think important to the interests of any School visited by them. The law recom-
mends Visitors, " especially to attend the Quarterly Examinations of the Schools." It is hoped
that all Visitors will feel it both a duty and a privilege to aid, on such occasions, by their pres-
ence and influence. While it is competent to a Visitor to engage in any exercise which shall
not be objected to by the authorities of the School, it is expected that no Visitor will introduce,
on any such occasion, any thing calculated to wound, or give offence, to the feelings of any class
of his fellow Christians.
Third. The Local Superintendents are School Visitors, by virtue of their office, and their
comprehensive duties, as such, are stated with sufficient minuteness in the Third clause of the
Thirty-first Section of the School Act. While each Local Superintendent makes the careful
inquiries and examinations required by law, and give privately to the Teacher and Trustees such
advice as he may deem expedient, and such counsel and encouragement to the pupils, as circum-
stances may suggest, he will exhibit a courteous and cenciliatory conduct towards all persons
with whom he is to communicate, and pursue such a line of conduct as will tend to uphold the
just influence and authority, both of Trustees and Teachers.
Fourth. Too strong a recommendation cannot be given to the establishment of Circulating
Libraries in the various Townships, and School Sections. A Township Association, with an
auxiliary in each School Section, might, bv means of a comparatively small sum, supply popular
and useful reading for the young people of a whole Township. It is submitted to the serious
attention of all School Visitors, as well as of Trustees, and other friends of the diffusion of use-
ful knowledge.
Section 5. Constitution and Government of Schools in respect to Religious and
Moral Instruction.
As Christianity is the basis of our whole System of Elementary Education, that principle
should pervade it throughout. Where it cannot be carried out in mixed Schools, to the satis-
faction of both Roman Catholics and Protestants, the law provides for the establishment of
Separate Schools, for the children of such parties and the Common School Act, of 1860, Four-
teenth Section, securing individual rights, as well as recognizing Christianity, provides,
" That in any Model, or Common, School established under this Act, no child shall be required
to read, or study, in, or from, any Religious Book, or to join in any exercise of Devotion, or Religion,
which shall be objected to by his, or her, parents, or guardians : Provided always, That, within this
limitation, pupils shall be allowed to receive such Religious Instruction as their parents, or guardians,
shall desire, according to the General Regulations which shall be provided according to law."
In the Section of the Act, thus quoted, the principle of Religious Instruction in the Schools
is recognized, the restriction within which it is to be given is stated, and the exclusive right of
each parent and guardian on the subject is secured, without any interposition from Trustees,
Superintendents, or the Government itself.
198 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
The Common School being a day, and not a boarding School, rules arising from domestic
relations and duties are not required ; and, as the pupils are under the care of their parents and
guardians on Sundays, no Regulations are called for, in respect to their attendance at Public
Worship.
In regard to the nature and extent of the daily Religious Exercises of the School, and the
special Religious Instruction given to pupils, the Council of Public Instruction for Upper Canada
makes the following Regulations and Recommendations : —
1. The public Religious Exercises of each School shall be a matter of mutual voluntary
arrangement between the Trustees and Teacher ; and it shall be a matter of mutual voluntary
arrangement between the Teacher and the parent, or guardian, of each pupil, as to whether he
shall hear such pupil recite from the Scriptures, or Catechism, or other summary of Religioua
Doctrine and duty of the Persuasion of such parent, or guardian. Such recitations, however^
are not to interfere with the regular exercises of the School.
2. But the principles of Religion and morality should be inculcated upon all the pupils of
the School. What the Commissioners of National Education in Ireland state as existing in
Schools under their charge, should characterize the instruction given in each School in Upper
Canada. The Commissioners state, that "in the National Schools the importance of Religion is
constantly impressed upon the minds of children, through the works calculated to promote good
principles and till the heart with love for Religion, but which are so compiled as not to clash with
the doctrines of any particular class of Christians." In each School the Teacher should exert his.
best endeavours, both by example and precept, to impress upon the minds of all children and
youth committed to his care and instruction, the principles of piety, justice, and a sacred regard
to truth, love to their country, humanity and universal benevolence, sobriety, industry, frugality,
chastity, moderation and temperance, and those other virtues which are the ornament of society,
and on which a free constitution of government is founded ; and it is the duty of each Teacher
to endeavour to lead his pupils, as their ages and capacities will admit, into a clear understanding
of the tendency of the above mentioned virtues, in order to preserve and perfect the blessings
of law and liberty, as well as to promote their future happiness, and also to point out to them
the evil tendency of the opposite vices.
By order of the Council of Public Instruction for Upper Canada.
Toronto, 12th of August, 1850. J. George Hodoins, Recording Clerk.
CHAPTEK XIX.
EXPLANATORY CIRCULARS IN REGARD TO THE LOCAL ADMINIS-
TRATION OF THE COMMON SCHOOL ACT OF 1850.
So many and so varied were the changes in the Common School Acts passed
during the years 1841-1847, that the Chief Superintendent of Education deemed
it most desirable, not only to give the Municipal Councils and other local
administrators of the new School Act of 1850 full information in regard to its
provisions, but also to furnish them with several practical suggestions as to the
best means of carrying that School Act into effect. This he did by means of special
Circulars addressed to each of the parties concerned. It was the more necessary
thus to communicate directly with each of these parties concerned, from the fact
that, with a few exceptions, the Members of the several Municipalities —the local
School Superintendents, the School Trustees and School Teachers, had but little
experience in dealing with questions which would naturally arise in giving eff"ect to
the provisions of a new School Law, which imposed upon Ihem so many import-
ant responsibilities and duties.*
por>- cSi^rr!''*^'''" Circulars reUting to the ordinary Legislative Grant and other matters of a purely local, or tern
Chap. XIX. EXPLANATORY CIRCULARS IN REGARD TO COMMON SCHOOL ACT. 1 99
I. Circular to the Wardens of Counties in Upper Canada, on the Duties of County
Municipal Councils under the new Common School Act op 1850.
I have the honour to transmit to you herewith, a copy of the new Common School Act for
Upper Canada, which, having passed the Legislative Council and Assembly, received the Royal
sanction, and came into force on the 24th instant ; and 1 desire to direct the attention of the
Council over which you have been chosen to preside, to the duties which will devolve upon it
under the provisions of this Act.
Though the Act is new, the provisions of it are mere renewals of the provisions of the
general School Act of 1846 and the Cities and Towns School Act, of 1847, — combined into one
Act, with a new and more simple arrangement, and such additional provisions as experience has
suggested, and the progress of the Schools and the new system of Municipal Councils seem to
require. The duties of the County Councils, under the new School Act, are substantially the
same as were those of the District Councils under the School Act of 1846, with this exception,
that the County Council is relieved from the task of forming and altering School Sections, and
of considering applications and levying assessments for the erection and repairs of School
Houses.
Under our present system of Municipal Councils, a two-fold provision has been made to
enable the people, through their local Representatives, to meet together and manage their own
local affairs : The one is by the meeting of the Representatives of the several Townships col-
lectively in County Councils ; the other is by the meeting of the several Representatives of a
Township in such Township separately. It is the several Townships that act in the one case
as well as in the other ; but, in the one case, they act collectively, and in the other separately. .
Of course, some diversity of opinion may naturally exist as to the precise parts of a School
System which can be best managed by the Townships in their collective, or separate, represent-
ative capacity. After large consultation and much consideration, it has been decided that the
Townships separately can best arrange the boundaries of School-Sections, and do what may be
deemed expedient in providing Sphool Sites, and for erecting and repairing School-Houses and
imposing other School-Section assessments ; but that the Townships can best consult collec-
tively in regard to the selection of proper Local School Superintendents, and can best arrange
for the more uniform, certain and punctual providing and payment of the local assessment
moiety of the School Fund.
It will be seen by tke First Section of the new School Act of 1850, that all lawful proceedings
and obligations of every description, which have taken place under former School Acts, are
confirmed until fulfilled, or modified, according to the provisions of this Act. The duties of the
County Councils are specified in the several clauses of the Twenty -seventh Section of the Act.
1. The first and immediate duty of the County Council will be to cause to be levied upon
the several Townships represented in the Council a sum, or sums, at least equal, (clear of all
charges of collection,) to the sum, or sums, of money apportioned to them for the current year
out of the Legislative School Grant. That apportionment I have notified to the Clerk of each
County Council, as required by the Thirty fifth Section of the Act. If any of the Township
Councils in your County have anticipated the apportionment of the Legislative grant, and have
levied a sum, or sums, for the payment of the salaries of Teachers equal to the amount of the
Legislative School Grant apportic«ied to such Municipalities therein, then it will be unnecessary,
in such cases, for the County Council to impose any further assessment. But, in every case,
the County Council must see that the local assessment part of the School Fund is available to
Teachers before the end of the second half year,— the Legislative grant part of it being payable
at the end of the first half year. In the neighbouring State of New York, this order of proceed-
ing is reversed. The County assessment part of the School Fund must be imposed and collected
and attested to the State Superintendent, before the State part of the Fund apportioned to any
County can be paid. In my Circular addressed to Wardens of Districts, and dated January
14th, 1848, "* I called the attention of Municipal Councils to the great injustice to Teachers, and
injury to the efficiency of the School System, arising from the non-payment of the local assess-
ment part of the School Fund at the end of the year. Several Councils provided forthwith for
the future punctual payment of the amount of the local school assessment prescribed by law,
on, or before, the fourteenth day of December of each year. What several Councils so promptly
and advantageously did in the cases referred to, the new School Act requires to be done in
every case.
2. The securing, and mode of paying, the local School Fund is another subject which will
engage the attention of the County Council. The new School Act contemplates but one finan-
cial Officer and his subordinates in each County. If the payment of the School moneys in each
District by one financial officer, (in the person of the District Superintendent of Schools,) has,
during the last few years, been attended with no inconvenience equal to the advantages of it, of
course, no greater inconvenience will be experienced by confining the payment of such moneys
* See pages 214-218 of the Seventh Vohime of this Documentary History,
200 DOCUMENTARY HISTORY OF EDUCATIO>f IN UPPER CANADA. 1850
•
to the County Treasurer. But, if the County Council deem it expedient, it can appoint any
number of sub-Treasurers, even to the Treasurer of each Township as a sub Treasurer, duly
providing for uniformity of responsibility and obligation in the methad and punctuality of pay-
uienU of school- moneys. Under this system, Local School Superintendents will be under no
temptation, at any time, from considerations of personal convenience, to withhola, or delay, the
payment of school moneys ; they will be relieved from keeping financial accounts, and from
givmg sureties, as heretofore. The mode of accounting for the expenditure of school-moneys
will be extremely simple and complete. No receipts need be given, or taken. The order of the
Trustees, in behalf of a legally qualified Teacher, will be the Local Superintendent's authority
in each instance, for his cheque upon the County Treasurer, or Sub-Treasurer ; and the Local
Superintendent's cheque will, in each instance, be such Treasurer, or Sub-Treasurer's, receipt
for the school- money paid out by him. The duty of the County Auditor will be plain and easy ;
and the school moneys will be best secured against every kind of misappropriation.
3. The next most important duty which the new School Act devolves upon the County
Council, is the annual appointment of Local Superintendents of Schools. I believe that it is gener-
ally agreed, that it is not expedient, or desirable, to have both County and Township Superin-
tendents, but as to which class of these local School Officers should be provided, there is consider-
able diversity of opinion, — some preferring a County Superintendent, others desiring Township
Superintendents. The new School Act leaves the decision of this question to the choice of the
Local Representatives of the people assembled in County Councils, — each Council having author-
ity to appoint a School Superintendent for each Township, or for two, three, or four Townships,
or for a County, provided it does not contain more than one hundred Schools. In some muni-
cipalities, where the duties of the oftice have been very imperfectly discharged, doubts are
entertained by many persons as to the utility of the office at all ; but this is not the case where
the office is filled with ability, diligence and skill ; and actively educating School Countiies are
unanimous in their judgment and practice as to the vast importance of an efficient local inspec-
tion and supervision of Schools.*
The new School Act of 1860, by fixing the minimum of the allowance of a Local Superin-
tendent, has relieved the Municipal Council of what has often proved an embarrassing and
thankless duty, During the last Session of the New York State Legislature, a Bill was intro-
duced, on the recommendation of the State Superintendent of Schools and the Report of a
Select Committee, providing for the abolition of the office of Town Superintendents and the
appointment of a School Superintendent for each Legislative Assembly District, — analogous to
an electoral Riding with us. The salary of each Superintendent was fixed at $500 per annum.
There are 128 Assembly Districts and 11,000 Schools in the State, — giving an average of about
86 schools to each School Superintendent, who was required to visit each School twice a year,
with a remuneration of nearly six dollars per School. With us, under the new School Act, the
Local Superintendent is re(iuired to visit each School under his charge at least once in each
quarter, and to deliver a public educational Lecture in each Section once a year, besides various
other duties prescribed by law ; and the minimum of his remuneration is fixed at One pound
per School,— a less sum than is given to Local Superintendents by most of the Township Coun-
cils from which I have heard during the present year. Persons who ofi'er their services at a very
low sum, in order to get an office, generally do little that is of any value, after they get the office,
and then justify their inefficiency by the plea that they do more than they are paid for. It is
of very little importance to the people at large whether a Local Superintendent of Schools
receives a few shillings more, or less, per School ; but it is of the greatest importance to them
and their children, whether an able supervision be provided for their Schools. Under the pro-
visions of the School Act of 1850, new and feeble Townships can be provided with an efficient
School Superintendence, and aided, if not altogether relieved, in regard to its remuneration. t
8ch<;??^n;r,!;"eriJsx^iA:;s;'of 'Xuf.r:ai':L^^'^' ^^^•'' '"^"^^^ ^'^^^^p *"^"*^«" «' ^" ^^"-p^^ c-"-^«'
r..A I'i '"•^/"'"^^ Of Schools is baswi upon two thinRS which are closely connected and mutually dependent on each other •
^i^Vi.^,KThl"n?iir^'*'r' intellectual qualifications of Teachers, and the active ani vf|iLnt supervSn oJln-'
K^^f render the methods of teachmp more and more perfect. If either of these be wanting, the whole fabric receives
a shock fron. which .t is mo^t difficult to recover. The great and important object is to have Go^ Schools To have none
e a great d.^ulvantage ; but to have )m\ Schools, in which error is 'taught and learned. iragrSnSKtune A sunerin
U"^ ?W":d;cat on 'oiThe';S°'hi' ';:!^"''r- . t """""^'^ ^^''^^*'^" ^"^ -«<^' anyone%h^[The"S?must htn^Xpon
di not H,;elinv fa^ 'b^r.^^ circumstances, have a momentary success, but there wi 1 he no securRy that thev
Chap. XIX. EXPLANATORY CIRCULARS IN REGARD TO COMMON SCHOOL ACT. 201
The new School Act, imposing upon a Local Superintendent not only miscellaneous duties,
which require judgment and knowledge of men and things, but a visitorial examination of each
School once a quarter, (which, if conducted as the law expressly enjoins, cannot be performed
in more than two Schools a day,) and a Lecture on education in each School Section once a year,
and the examination of Teachers for the Schools, the County Council should spare no pains to
search out and appoint men as Local Superintendents of Schools, who will command public
attention as Lecturers, who understand the true principles ot School Organization, and the
improved modes of School Teaching, who will do justice to the great interests entrusted to them
by their examinations of Teachers, their visitations of Schools, and their patriotic exertions to
diffuse sound education and knowledge as widely as possible. I doubt not but that each County
Council will respond to the spirit of the New York State Superintendent of Schools, when he
says : —
" It is fervently hoped that in every election hereafter to be made of a Local Superintendent of
Schools, the most competent individual, without reference to sect, or party, will be selected. On such
a subject, where the good of their children is at stake, men should dismiss their narrow prejudices,
and tear in sunder the shackles of party. They should consult only ' the greatest good to the great-
est number ' of the rising generation. They should direct their preferences to those only who are the
ardent friends of youthful progress. To those only, the smoke of whose incense, offered in the holy
cause, daily ascends to heaven ; whose lips have ' been touched with a burning coal from the altar'."
And as the selection to the Office of Local Superintendent of Schools should be made upon
the sole ground of personal qualification and character, and irrespective of party considerations,
so should the duties of the office be performed in the same spirit.* During the recent discussions
in the Legislative Assembly on the School Bill, it was averred on all side s that the office of the
Chief Superintendent of Education was and should be non -political, that whatever might have
been the political opinions of the Incumbent, or of his mode of advocating them, previously to
his appointment to office, that, as in the case of a judge, he should take no part in party political
questions during his continuance in office. On this principle I have sacredly acted since my
appointment to office, as was admitted in gratifying terms by all parties in the discussion
referred tot ; and I think the same principle should be insisted upon by each County Council,
in respect to each local Superintendent of Schools, and should be faithfully acted upon by every
person filling that important office, thus making it equally confided in by all classes of the
community. I am sure every Municipal Council in Upper Canada will agree with me, that the
entire superintendence of the School System, in all its parts and applications, should be per-
fectly free from the spirit, or tinge, of political partizanship, — that its influence, like the genial
light and warmth of the sun, should be employed for the equal benefit of all, without regard to
party, sect, or colour.
It will, of course, be a matter of discretionary consideration with each County Council, as
to whether, or not, it will leave any, or all, the Township Superintendents in office during the
remainder of the current year, before re-appointing, or changing, them. If not re-appointed,
or changed, the present Local Superintendents will, of course, (as provided by the first Section
of the Act of 1850) be paid for the current year by the Council appointing them, and according
to its agreement with them. But they must henceforth perform their duties according to the
provisions of the new School Act, —the basis and authority in future of all Common School
proceedings of every description. In all cases, where the superintendence of Schools in any
Township has not, for the current year, been provided, it will be necessary for the County
portance to the progress of Common Schools, [namely, that the Superintendent should visit each School once a quarter, and
deliver a Lecture on Education in each Section, once a year.] Without these provisos, I think the system of Township
Superintendents will prove a failure, as it has done in the 'State of New York ; with these provisos, I think it will add very
greatly to ihe efficiencj' of our Common Scliool System. In the Municipal Corporations Bill, of 1849, I perceive the mini-
mum of allowance to certain officers is prescribed by law ; and I think such a provision absolutely essential to the efficiency
of the office of Township Superintendent. The inefficiency of the late office of Township Superintendent was, I am per-
suaded, chiefly owing to the absence of the provisos which I here propose. In some ins ances, persons offered to perform
the duties of Township Superintendent gratuitously, and such offers were in ari ably accepted ; but that gratuitous zeal
soon subsided ; and as gratuitous service is ' irresponsible service,' those who performed it considered themselves entitled to
gratitude for the little that thev did, rather than liable to blame for the much that they did not. Besides, when there were
rfval candidates for the office, the lowest bidder almost always received the largest suffrage ; but when once in office, he
would proportion his work to his compensation . Such was the tendency and practical effects of the system ; although
there were many honourable exceptions. And a still worse effect of that system was, the appointment, under such circum-
stances, of many incompetent persons. The first proviso which I propose, will remove all competition for the oflSce upon
pecuniary grounds ; ai.d while the compensation will be such as to secure the services of competent persons, the duties
enjoined by the second proviso can hardly be discharged, or even attempted, by incompetent persons. The second proviso
will prevent the Councils from appointing persons who are not competent to prepare and deliver Lectures ; and persons
who are competent to do that will be most likely to be qualified to inspect and superintend the Schools, — their qualifications
for which will be necessarily increased by their obligations to prepare public lectures on such subjects. The second proviso
will produce, per annum 12,000 school visits of Superintendents, instead of 3,000, as at present, besides, 3,000 public school
Lectures,— one in each School Section in Upper Canada. The vast amount of good which will result from such an arrange-
ment, can scarcely be estimated." "Correspondence on the subject of the School Law for Upper Canada " lately laid
before, and printed by order of, the Legislative Assembly, 1850. See page 216 of the Eighth Volume of this Documentary
History. See also pages 224-250 of the Same Volume.
* For the efforts made in 1848 to introduce an improved system of Comman School Inspection, See pages 52-56 of the
Eighth Volume of this Documentary History.
t See particularly the very decided and satisfactory remarks on this subject by the Honourable Francis Hincks, (who
had charge of the School Billof 1850 in the House of Assembly,) on pages 14, 15 of this Volume.
202 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
#
Council to supply that essential instrumentality for the payment of the School moneys and the
supervision of the Schools.
4. In respect to the exercise of other powers with which the new Act invests the County
Council, I do not think it necessary to make more than one, or two, remarks : I trust that by
the commencement of next year, provisions will be made for the establishment of School
Libraries, when the County Council will be able to judge as to the mode in which it can best
employ its legal powers for the introduction and diffusion of that most potent element of high
civilization.* The County Council is, of course, the best judge whether, and to what extent, it
may be desirable and expedient to make provision " to give special or additional aid to new, or
needy, School Sections, on the recommendation of one, or more, local Superintendents." It
will be important that the County Council should see that all balances of School moneys, yet
unexpended, and in the hands of any Local School Superintendent, and all Township Assess-
ments for raising part of the current year's School Fund, be paid into the hands of the County
Treasurer, or sub-Treasurer, and expended and accounted for in the manner prescribed by the
new Act.
5. The spirit in which the provisions of the new School Act have been, generally speaking,
discussed and adopted in the Legislature, I regard as an omen for the good of our Country, and
worthy of imitation in all Municipal and local School proceedings throughout Upper Canada.
Party differences were not permitted to mar this great measure for the education of the people ;
and, although, there were individual differences of opinion among men of different parties, as
to some details of the Bill, yet men of all parties united in the support of its general principles,
and in an earnest desire and effort to render it as perfect as possible in all its provisions I
hope that no party spirit will be permitted to impair the efficiency of its administration in any
Municipal Council, Public Meeting, or Corporation In the great work of providing for the
education of the young, let partizanship and sectarianism be forgotten; and all acting as
Chnstians and patriots, let us each endeavor to leave our Country better than we found it, and
stamp upon the whole rising and coming generations of Canada, the principles and spirit of an
active, a practical, a generous and a Christian intelligence.
Toronto, 3l8t of July, 1860. Egerton Ryerson.
m. Circular to the Mayors of Cities and Towns in Upper Canada, on the duties
OF City and Town Councils, under the Common School Act of 1850.
1. In transmitting to you a copy of the new Common School Act of 1850, I wish to call the
attention of the Council, over which you have been elected to preside, to its principal provisions
relative to Cities and Towns. ...
2. By the first Section of the Act, you will perceive that all the Elections, Appointments,
Contracts, Assessments, and so forth, which have taken place in your Municipality are confirmed,
until fulfilled, or superseded, according to the provisions of the same. By the Forty-seventh
Section of the Act, you will observe that the election of a new Board of School Trustees is
provided for to take place in your Municipality the first Tuesday in September next, and that
you are authorized and required to give due notice for the holding of such election.
3. From the Twenty- first and three following Sections of the Act, it will be seen, that there
w to be but one Board of School Trustees for each City, or Town, as there has been since 1847 ;
but that such Board of Trustees must be elected by the taxable inhabitants, instead of being
appointed, as heretofore, by the Municipal Corporation.
4. It is at variance with a fundamental principle of Representative Government, to invest
Members of a Board of Trustees, who are not elected Representatives of anv constituency, with
discretionary power to raise by taxation, or cause money to be so raised for school purposes It
has been found, however, that, without such power, their office is quite inadequate to accomplish
the objects for winch it has been created. There is also reason to believe that, as a general rule
persons who are formally elected by the suffrages of their fellow-citizens at large, for the special
object of renresenting and promoting their educational interests, will, with this responsibility
upon them be more likely to attend to those matters with greater interest and zeal than the
nominees of any Con)pration,-although much, (and in some instances great,) good has been
1TJ"i^?^ % ?>* ^^'^^ ^??" ^y^^^*'^' ""^ Trustees appointed by the Corporations of the
several Cities and Towns in Upper Canada
.^ .^' »r°f ®'. the provisions of the new School Act, the School Trustees of each City and Town
aw to be elected by a larger suffrage than are the Members of the Municipal Council ; and,
^n^llJ'IT ^^P'-^'^^tftives of their fellow-citizens for School purposes, they p^operl^
5«?.if,j^ ♦K^ "'*°*«^"'^°*^ ^^^* ^^^ ^^'"'^on School affairs for the City or Town! and so
determine the sum, or sums, of money to be raised fur Common School purposes, and the
thi. VSJ J^^ '*'"'"''" °" '*"" ~**^'^' °' ^^"^^ ^^'^'^^ °° P»«« 173. and also the Circular to Publisher on page 192. of
Chap. XIX. EXPLANATORY CIRCULARS IN REGARD TO COMMON SCHOOL ACT. 203
manner in which such sum, or sums, of money shall be provided. But, as the whole apparatus,
or agency for levying and collecting property assessments, has already been created, and is in
the hands of the Municipal Council, it would be superfluous, and bad economy, to create a new
municipal authority, and a new agency of officers, and so forth, for levying and collecting
assessments for school purposes, as that power is already in the hands of the Officers of the
Municipality. To do this, therefore, devolves upon the Municipal Council, whose duty in this
respect is strictly ministerial.
6. There is the system which has been established with so much success in the principal
Cities and Towns of the neighbouring States, from which we have adopted so much of the
machinery of our general Common School System. In the City of New York, for example, the
Board of Education, (called with us the Board of School Trustees,) the Members of which are
elected in the several Wards of the City, as is provided in the new School Act with us, deter-
mines the sum, or sums, of money necessary for any, or every. Common School purpose, and
the Municipal Authorities are required, by law, to provide the sum, or sums, thus determined,
from time to time, by the School Representatives of the people. And, in behalf of no object is
there such unanimous and cordial willingness, among all classes and parties, to contribute
liberally, as for the education of the young.
7. In my Circular, dated the 15th Januarj'^, 1848, addressed to Heads of City and Town
Corporations,* I explained at large the System of Schools required to supply the educational
wants of our Cities and Towns, and for which provision is made' by establshing one elective
Board of Trustees, with proper powers, for all the Schools, in each City, or Town. The exposi-
tion of the School law, which I then gave, need not be repeated in this place ; but, after the elec-
tion of new Boards of School Trustees for Cities and Towns, I shall deem it my duty to address them
on the nature of their duties and responsibilities under the provisions of the present new School
Act of 1850 ; — an Act which I trust, is destined to confer great and lasting benefits upon the
Cities, Towns, and Villages, as well as Counties and Townships, of Upper Canada.
Toronto, 12th August, 1850. Egerton Ryerson.
IV. Circular to the Taxable Inhabitants of Cities and Towns, on the Subject of the
Election of Boards of School Trustees.
1. I desire to adopt this method of calling your attention to the new and important duty
which devolves upon you of electing Common School Trustees on the first Tuesday of Septem-
ber next.
2. According to the provisions of the new Common School Act of 1850, there is to be but one
Board of Trustees for the management of all the Common Schools in each City, or Town, in
Upper Canada. That Board is to be composed of two persons from each Ward of such City,
or Town; which persons are to be elected by all the Taxable Inhabitants of such Ward, at the
place of the last Municipal election, and in the same manner as the Members of the City, or
Town, Council are elected. One of the Trustees elected in each Ward retires from office on the
second Wednesday of January in each year, and his place is to be filled by popular election.
3. The Trustees thus elected are the School Representatives of the Inhabitants of each City,
or Town. They have the sole power of employing Teachers and of determining the sums which
shall be raised and expended for all Common School purposes, and how, and when, such sums
shall be raised. They are the Common School Corporation of each City, or Town.
4. The character and condition of the Common Schools in each City, or Town, will be de-
termined by the character of the School Corporation elected. According to the Forty-seventh
Section of the new School Act, of 1850, the first election is to take place on the first Tuesday of
next September, pursuant to notice to be given by the Mayor of each City, or Town. On the
School Corporations, thus elected, will devolve all the obligations which have been incurred by
the present Boards of School Trustees for the Cities, or Towns.
5. The election of proper persons as School Trustees in the several Wards of each City, or
Town, is, therefore, a matter of the greatest importance. They should, doubtless, be persons
who understand the Common School wants of their fellow-citizens, or townsmen, and who will
take a deep and lively interest in supplying such wants. I would, therefore, respectfully submit
for your consideration, whether it would not be well to have each Board composed, as near as
may be, of an equal number of Clergymen and Laymen, — one Clergyman and one Layman to be
elected for each Ward. Thus nearly, if not quite all, the Religious Persuasions of each City, or
Town, would be represented through the Ministers ; and the Laymen will be best able to attend
to the financial afiairs of the Schools, and the Clergy will have the most leisure and be in the
best position to attend to the literary character and discipline of the Schools, and to use the most
efficacious means of securing the attendance of all eligible children in each City, or Town. The
^Inserted on pages 218-222 of the Seventh Volume of this Documentary History.
204 DOCUMENTARY HISTORY OF^ EDUCATION IN UPPER CANADA.
1850
partly Of Clergy of diflferent Religious Persuasions, the proceedings are characterized by har
mony, propriety, and efficiency. . ^ • 4.1. •
fi T therefore resDecbfully submit for your consideration the importance of trying this
plan of lo^ZuZ'^y:TBi:l^^ of Common Lhool trustees. If on trial i^ ^
vniir Pxni^tations vou can easily adopt another,— as one half of each Board ot irustees retire
at the Kn r^^^^ each Year But, if, on the other hand, it shall be found to work well, (as I
fm persuS ft will,) the greatest benefit must result from thus securing the mtelligence and
feTsu^re and influence and zefl of the Clergy, in connection with the Laity of the difierent Rebgi-
01^ Persuasions, in educating the children of the masses of our fellow-citizens and townsmen
Td theTrendly and efficie'nt co-operation in a work of this kind, -^ '; ^^^^ \^^^^^^
in increasing friendly and fraternal feelings in other respects and m other matters. It is under
the"nfluence of these convictions, that I have taken the liberty to make the s^ggf^^on^^ ^f^
ing your attention to the approaching election of a Board of Trustees, as required by the new
School Act of this year.
Toronto, August 15th, 1850. Egerton Ryerson.
V. CiRCULAE TO THE BOARDS OF ScHOOL TRUSTEES IN THE SEVERAL CiTIES AND ToWNS, ON
THEIR DUTIES UNDER THE COMMON SCHOOL ACT OF 1850.
1 Your fellow-citizens and townsmen have elected you to a trust, the most important and
responsible ; and the new School Act of this year invests you with new and ample powers to
fulfil that trist, so as to extend the facilities of a sound education to each child m every City
and Town in Upper Canada. On you will rest the responsibility, if any of the Schools under
your charge is inefficient, whether from the employment of an improper Teacher, or from the
want of a proper School House, or proper Furniture, on Text Books, or if a single child be
unprovided with the means of education ; and, to you will appertain the satisfaction and honour
and gratitude, which shall never die, if each School, over which you are placed, be a living foun-
tain of knowledge and virtue, and if each child within your jurisdiction has unobstructed access
to that fountain. Water and bread and clothing are not more needful for the health and growth
and comfort of the body, than are the food and pulsations of knowledge to the vital energy and
divine distinction of mind. The uneducated child grows up into a mere animal of bones and
sinews, with tastes and sympathies and often with habits as degraded and pernicious as they
might be exalted and useful.
2. The destiny of each child in each City and Town,— especially of the more laborious
classes — is, in a great measure, in your hands. You are its chosen and elected educational
guardians ; and, as such, you have the power of training and sending him forth an intelligent
and useful citizen, or of neglecting and turning him out both a victim and instrument of the
worst propensities of our nature.
3. Our Cities and Towns are the centres and hearts of large sections of Country, and
radiate influences, for good, or for evil, which are felt over the whole areas of the surrounding
circle. This is especially the case in Upper Canada, when domestic relations and every variety
of social and business intercourse between Town and Country aie so numerous and intimate.
4. In your new and responsible position, the first subject which will naturally engage your
attention is the nature of the woik which lies before you. It is to provide primary instruction
for children from five to eight years of age ; — intermediate instruction for those from eight to
eleven years of age ; — and higher instruction for youths from eleven to fourteen. The nature
and classification of subjects contained in this course of instruction, need not be here enumerated,
or stated ; but they will at once sugf:est the proper gradation ot Schools and the several depart-
ments in the same School, when established upon a large scale, and including several teachers.
5. The providing of proper School Houses, furnished with Maps, Apparatus, and the needful
Text-books for the pupils, the employment of efficient Teachers, the appointment of an able and
active Superintendent of the Schools, and the selection of an intelligent and faithful local Com-
mittee for each School, or Ward, together with the estimate and provision for the support of the
Schools, will next engage your earnest attention, and constitute the principal subject of your
future solicitude and labours. A division of labour will be one of the most convenient, if not
essential, means of accomplishing these purposes with any degree of facility, or success ; such as
the appointment of a Committee on School Houses ; a Committee on the Qualifications, Employ-
ment and Salaries of Teachers ; a Committee on Text-books and Apparatus ; a Committee on
Examinations and Discipline ; a Committee of Ways and Means, and another on Finance and
Accounts.
Chap. XIX. EXPLANATORY CIRCULAllS IN REGARD TO COMMON SCHOOL ACT. 205
6. In smaller Towns and Incorporated Villages, 80 minute a division of labour among the
Members of the Board of Trustees will not be necessary. Most of the Committees should report
once a month at the monthly Meeting of the Board of Trustees ; the Committee on School Ex-
aminations should attend the Quarterly Examinations of the Schools, and should report the re-
sult of the examinations in each School. The Local Superintendent of Schools, (who should be
a practical Teacher, — a man of virtue, a lover of youth, and an ardent friend and promoter of
knowledge,) should visit each of the Schools and report on their state and progress at least once
a month ; and his Report should specially include, among other things, a statement of the manner
in which the School Regiscers are kept, and the regularity of the attendance of pupils, as well as
the character of the Organization, Classification, Teaching and Discipline in each School. He
should have. Quaterly meetings of the Teachers, to interchange views on various points of
instruction and discipline, in order to promote harmony of action, and cause the whole system
of schools in each City, or Town, to tend towards a high and uniform standard of excellence.
7. To enter into a minute detail of all the regulations and proceedings which must be adop-
ted, in order to establish and maintain a proper system of schools in each City, or Town, would
entirely exceed the limits of this Circular. The importance, objects and peculiar features of
this System of Schools, I explained, at some length, in a Circular addressed to the Heads of City
and Town Corporations in January, 1848, on the introduction of the City and Town School Act
of 1847, 10th and 11th Victoria, Chapter 19."^ The economy and great practical advantages of
this System of Schools in Cities and Towns where it exists in the neighbouring States, are shown
in the First volume of the Journal of Education for Upper Canada pages 121-123, and 150-153,
8. Under these circumstances, it would be superfluous for me to dwell at length upon the
subject anew ; bub to aid you 9-a far as in my power in the great work on which you are now
entering, I have purchased, and I hope soon to be able to place in the hands of the Board of
School Trustees for each City and Town in Upper Canada, Mr. Henry Barnard's most useful
work on " School Architecture, — an octavo volume of nearly four hundred pages, containing
upwards of three hundred illustrations, and embracing all the important improvements which have
been made in the last few years in the construction of School Houses for Schools of every grade,
from the Infant School to a Normal School, with suitable plans for the arrangement and con-
struction of Seats, Desks, and for Warming and Ventilation, for Appendages, Grounds," and
so forth. I will also endeavour to procure for each City, Town and Village Board of School
Trustees, (whom I am now addressing), a copy of the " Rules and Regulations for Public
Schools" which have been adopted by the Boards of Education, or Trustees, in the Cities of
Boston and Providence, (Rhode Island,) and, under the operation of which, the most complete
and eflScient Syi^tem of Schools has been matured, which, 1 think, exists in any City, or Town,
either in Europe, or America.
9. Our School Law confers upon each Board of Trustees all the powers of establishing and
maintaining various kinds of Schools, (Classical, as well as Common, — see Twelfth Section
of the School Act, 4th clause,) which are conferred upon the School Corporations of the Cities
referred to ; and, my earnest desire and prayer is, that you may be disposed and enabled to
exercise these powers with like wisdom, patriotism and success, t
10 It is in the character and facilities of Public School Education, in their Cities and
Towns, that our American neighbours far excel us. I think our Rural Schools, as a whole, are
advancing more rapidly than theirs ; but, in each of their Cities and Towns, they have in effi-
cient operation, an uniform and magnificent System of Schools, the advancement of which is
the highest ambition of their best citizens, and which offers free education to the poor, as well
as the rich, — to all classes upon equal terms, according to property. In all our Cities and
Towns, we now have substantially their School Liw ; and I fervently hope we shall soon have
as good, and even better Schools. It is with the elective Board of School Trustees in each City
and Town in Upper Canada to say whether this shall be so or not.
Toronto, 7th of October, 1850. Egerton Ryerson.
Appendix to the foregoing Circular — The Kingston School House.
In reply to a Letter to the Chief Superintendent of Education, from the
Honourable John Macaulay, School Trustee of Kingston, in which Mr. Macaulay
stated that the City Board of School Trustees intended to erect a very superior
kind of School House, for a Classical School, in that City, and requesting the
* Printed on pages 218-222 of the Seventh Volume of this Documentary History.
t An example of the public-spirited manner in which the Board of School Trustees in the City of Kingston availed itself
of these powers is illustrated in the decision of that Beard to erect a 'very superior kind of School in Kingfton. See the
above Letter addressed to the Honourable John Macaulay on this subject, in replj' to one from him, by the Chief
Superintendent, and appended to this Circular.
206 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
1
Chief Superintendent to furnish the Board with approved plans of School Houses,
the Chief Superintendent replied as follows : —
I rejoice that you intend to build a School House worthy of the Town in which it is to be
situated, and of the object for which it is intended.
It would not be worth while for me to oflfer remarks in regard to the Site and erection ;
but I herewith, transmit you some numbers of the Journal of Education, containing plans of
Grammar School Houses, erected in the City of Providence, Rhode Island ; and I would recom-
mend you, to procure a Book, containing a great variety of plans of School Houses and exhaust-
ing the whole subject of School Architecture, entitled " Barnard's School Architecture," pub-
lished by A. S. Barnes and Company, New York.
As to connecting a Bearding hall and Master's Residence with your School House, I would
advise you to have nothing to do with one or the other, but reserve all your resources for your
School House and School. If you erect a Teacher's Residence, the expense of keeping it in
repair, besides the building of it in the first place, will be considerable ; and it will, after all, be
of little advantage to you in procuring a qualified and able Master.
In regard to a Boarding Hall in connexion with any Acadamy, Grammar School, or College,
experience has led to its abandonment, almost universally in the United States, on both econ-
omical and moral grounds. The Boarding Hall of Upper Canada College, which has not been
used as such for several months, has been nearly the financial ruin of that Institution, and a
great injury to the morals of numbers of pupils. The boarding Hall of Victoria College has
been a great burden upon its financial interests, although much care has generally been bestowed
upon the morals of the pupils and Students.
In establishing the Normal School, we resolved to have no public Boarding Hall, but to
sanction private Boarding Houses, on application and proper recommendations, and agreement
to maintain certain Regulations required by the Board of Education. If it be ascertained that
such Regulations are not observed in any House sanctioned by the Board, the Students are
required to leave it, and such sanction is withdrawn. Such a system relieves us of all the
expense and responsibility connected with a Boarding Hall and is. I am persuaded, much more
beneficial to the morals of the Students, than to have them all collected together in one House.
The Dormitories of which you speak, are not conducive to virtue — especially of young boys ;
and the erection and furnishing, etcetera, of separate Bed-rooms for a public Institution are very
expensive. Public Boarding Schools for boys, or girls, are, I believe, generally injurious,
weakenin? the domestic feelmgs, exciting a disrelish for the quiet and retirement of the domestic
circle, and a fondness for the extravagance and bustle of public places. The social feelings and
tastes, which children imbibe in the course of their education, are certainly as important as the
intellectual knowledge they acquire ; and the nearer their mode of living, habits and associations
at bchool approach those at home, or a private family, the better.
If the Masters receive boarders. I would let them do so, like other persons, as private indi-
viduals, and on their own account, and by no means on behalf of the Institution with which they
are connected. Much stronger, moral influence is exercised towards them personally, when
they are dispersed among private families, than when they are congregated together, in one
Boardmg-hall. We find it most clearly so, in respect to the Students of the Normal School —
m the whole of their daily deportment, as well as in their attendance, at their respective places
of worship every Sabbath and their attendance upon Religious Instruction by their respective
Mmi8tei-8, every Friday afternoon. The avoidance of expense and difficulty »nd trouble by the
same arrangement, is also immense. I wish you every success, in your noble course of proceed-
TORONTO, 16th January, 1850. Egeeton Ryerson.
VI. Circular to 7« Jown Rreves on the Duties of Township Councils under the new
Common School Act of 1850 for Upper Canada.
CtinL]ll!!ef7f^^^hT^ ''"'' ^^"^T".? '''*^^°"' ?^ *^« °^^ ^««^"^«^ S^^l^ool Act for Upper
Canada, [page 37-39], special powers and duties are conferred upon Township Councils in addSinn
Chap. XIX. EXPLANATORY CIRCULARS IN REGARD TO COMMON SCHOOL ACT. 207
ships, assembled, through their representatives, in the County Council. The line of demark-
ation which the Legislature has deemed it most natural and advantageous to draw, in prescribing
the respective duties of Township and County Councils, (that is, of Townships separately and
collectively,) in the administration of the School System, I have pointed out in the preceding Cir-
cular to County Wardens ; and I need not, therefore, farther allude to the subject in this place.
<See pages 199-202)
3. The authority and duty of the Township Council to levy assessments, on certain condi-
tions, for the purchase of School Sites, the erection of School Houses, and other Common
School purposes are so plainly stated in the tirst clause of the Eighteenth Section of the new
School Act of 1850, [page 37], as to require no other remark than this, — that the inhabitants of
each School Section ought certainly to be the judges as to assessments levied upon them for the
school purposes of their own Section, and their wishes should be carried into effect, without
regard to the opinions of any person not belonging to their School Section ; and, as the Coun-
cillors are the proper Representatives of the Township affairs, so should the Trustees of each
School Section, (or a majority of them,) be regarded as the Representatives of such Section in
its School affairs. Such are the true principles involved in this clause of the Act.
4. The econd sclause of the Eighteenth Section of the new Act [page 37] authorizes the Coun-
cil, at its discretion, to establish a Township Model School. The attempts of local Councils
to establish Model Schools have thus far proved entire failures'* ; and, with one exception,
I thiiik the money applied by the Councils and from the School Grant for such Schools, has
done little good. The late District Councils have, in every instance except one, abandoned
the attempt. I would suggest to each Township Council to consider such a matter well before
undertaking it. To the success and usefulness of a Model School, a " model " Teacher, at any
expense, is indispensable, and then a Model School House properly furnished, and then, to
ensure success, a judicious energetic management.
5. The third and fourth clauses of this (Eighteenth) Section, relate to the authority and
duty of the Council in regard to the formation and alteration of School Sections. The forma-
tion and alteration of School Sections is a duty, on the judicious performance of which, the
efficiency of the Schools greatly depends. The conditions and precautions provided in the new
School Act, relative to the time and manner of making changes in the limits of School Sections,
will prevent the recurrence of the evils which have been experienced, as stated in the complaints
which have been often made on this subject, and afford due protection to all parties affected by
such changes. The duty of forming and altering School Sections, which was formerly enjoined
upon District Councils, now devolves upon Township Councils. 1 know not that I can add any-
thing on this point to the remarks which I made in my lirst Circular addressed to the Heads of
District Municipal Councils, Ist October, 1846. f Subsequent experience has only confirmed me
in the correctness and importance of those remarks.
6. It will be observed that special provision is made for the formation and alteration of
Union School Sections, consisting of parts of two, or more, Townships, and that alterations
of Sections and the formation of separate Sections, provided for in the Eighteenth Section,
take effect the 25th day of December, — thus preventing the inconvenience resulting from altera-
tions in School Sections, taking effect in the course of the year, and at the same time providing
that the annual returns of children of school age residing in each Section in the last week in
December, shall be a proper basis on which to distribute the School Fund to School Sections the
ensuing year. It is hardly necessary for me to direct the attention of the Council to the notifi-
■cations required by the third and fifth clauses of this (Eighteenth) Section of the School Act.
It is important that the local Superintendent should be made acquainted with all proceedings
relative to the Schools, of which he has the oversight ; and, for that reason, provision is made
in the Fifth Section, the twelfth clause of the Twelfth Section, and the fifth clause of this
Eighteenth Section of the Act.
7. The provision of the Nineteenth Section of the Act, as far as it relates to Separate
Protestant and Roman Catholic Schools, is substantially the same as that contained in the Fifty-
^fth and Fifty-sixth Sections of the School Act of 1843, and in the Thirty-second and Thirty-
third Sections of the School Act of 1846, | with the exception, that the present Act of 1850
imposes more effective restrictions and conditions in the establishment of such Schools than
either of the former Acts referred to. Under the City and Town School Act of 1847, the estab-
lishment of Separate Schools in Cities and Towns was at the discretion of the Municipalities,
and not at that of the applicant-parties. No complaints having been made against this provi-
sion of the law, even in Cities and Towns, it was at first proposed to extend the application of
*It will be seen by reference to the Common School Act of 1843, that Model Schools were authorized and established in
the various Counties of Upper Canada by the Act of that year. See pages 242, 260, 261, of the Fourth Volume of this Docu-
mentry History.
t Printed on pages 260-265 of the same Fourth Volume of this Documentary History.
t See pages 259, 260 of the same Fourth Volume and pages 67, 68 of the Sixth Volume of this Documentary History.
208 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
_
the same principle and provisions to Township Municipalities ; but objections having been made
to it by some, (both Protestant and Roman Catholic.) Members of the Legislature, the provision
of the former ISchool Act was re-enacted, — requiring, however, the petition of twelve heads of
families, instead of ten inhabitants, as a condition of establishing a Separate School, and aiding
it upon the principle of average attendance, instead of at the discretion of the Local School
Superintendent, asunder the former Acts. But, notwithstanding, the existence of this provi-
sion of the law since 1843, there were last year but Fifty-one Separate Schools in all of Upper
Canada, — nearly as many of them being Protestant as Roman Catholic ; so that this provision
of the law is seldom acted upon, except in extreme cases, and is of little consequence for good,
or for evil, — the law providing effectual protection against interference with the Religious opin-
ions and wishes of parents and guardians of all classes^ and there being no probability that
Separate Schools will be more injurious in time to come ihat they have been in time past.
8. It is also to be observed, that a Separate School is entitled to no aid beyond a certain
portion of the School Fund for the salary of the Teacher. The School House must be provided,
furnished, warmed, Books procured, and so forth, by the persons petitioning for the Separate
School. Nor are the patrons, or supporters, of a Separate School exempted from any of the
local assessments, or rates, for Common School purposes. The law provides equal protection
for all classes and Denominations ; if there be any class, or classes of either Protestants, or
Roman Catholics, who are not satisfied with the equal protection secured to them by law in
Mixed Schools, but wish to have a School subservient to sectional Keligious purposes, they
should, ot course, contribute in proportion, and not tax a whole community for the support of
sectarian interests.
9. The Twentieth Section of the new Act provides, under certain circumstances, for the
incorporation of all the Schools in a Township under one Board of Trustees, like all the Schools
in Cities and Towns.* This would supersede the necessity of the School- Section divisions of a
Township, and establishish one interest and one management for all of the Schools in such
Township. In the State of Massachusetts, this option is given, as the inhabitants of each Town,
(called Township with us,) can have each School managed by an elective Committee of three,
(analogous to our Trustees), or all the Schools managed by " Select Men," (a Board of Trustees,)
for the whole Town. 'J he Honourable Horace Mann states that Schools managed according to
the latter method, are generally more efficient than those managed by separate Committees.
But the Towns there are smaller in geographical extent than our Townships. I am not prepared
formally to recommend Township Boards of Trustees ; but 1 think it is well for the inhabitants
of each Township to have the power of adopting it, if they desire to do so.
10. Before concluding, I desire to advert to the relief which the provisions of this new Act
affords Municipal Councils in the settlement of School Section disputes. Heretofore, a very
considerable portion of the time of some Municipal Councils have been occupied in the'investi-
gation and discussion of such disputes, at a heavy expense to the Municipalities, and often to
the satisfaction of no party. f Besides it was hardly fair to make an elective Council a judicial
tribunal, fcr the impartial trial of matters, affecting, in a considerable proportion of cases one
or more, individual Councillors themselves, or one, or more individual constitutents, by whom
one, or more. Councillor- judges had been opposed, or supported, at municipal elections or
whose anticipated support, or opposition, at future elections might place Councillors in a position
equally painful in the investigation of such matters. It is a grave question of civil polty,
whether popularily elective Bodies should be invested with judicial functions. The judiciai
decisions of such Bodies have generally been most severely criticized, and have exposed their
authors to more odium than have any other Judges been liable to for their decisions The
judicial decisions of the highest elective Body in the land-the Legislative Assembly- have
been questioned even m the smallest matters-such as a decision on the conduct of a newspaper
^nTfj; ^wards one of Its own Members. I have always, therefore, considered it impolTtTand
unjust to Councillors to impose upon them the task of investigating and deciding upon personal
matters of dispute between their constitutents, or in which they thLselves might be coSTed
a. interested parties. The new School Act is free from this objection. It ^ 11 be seeTbv re
ll?!!!?A^_ ^..^^^^"^^ Sec^i««' to the. eighteenth clause of he Twelfth Section ^nS to^h;
Seventeenth Section that the new School A?t provides forthe settlement of rerriy aJlp^^^^^^^
fh« Ch- r^ ""^ ^-T^T ^y * '^"^P^^ unexpensive system of local arbitration, (wTthout appeal to
will «^ >S"P^""'^"'^^^^V°' to any other tribunal, )-a mode of settling disputTsXchTtmst
wUl soon become general throughout the Province "putes wnicn, i trust.
• See Note on the subject of Tou-nship Boards of School Trustees on p.^e of this Volume.
mJ>i;. "" •""^'~'"'' °' '»^» "^'' ^ P-«*~Ph *. on pages 123 and 124 of the Seventh Volume of this Documentary
Chap. XIX. EXPLANATORY CIHCULAHS IN REGARD TO COMMON SCHOOL ACT. 209
tion of School Apparatus. I trust that each Township Council will do honour to its important
position i'» this great work of the Country's education, and, by the united and individual
example of its Members, speedily succeed in rendering a Good School accessible to every child
in the Municipality. I believe the present School Act furnishes greater facilities than any pre-
ceding one for the accomplishment of this object ; a party, a selfish, a slothful spirit alone can
defeat it.
Toronto, 12th April, 1850. Egerton Ryerson.
VII. Circular to the Local Superintendent of Common Schools in Upper Canada, on
THEIR DUTIES, UNDER THE CoMMOIn ScHOOL AcT OF 1850.
With this Circular you will receive a copy of the new School Act of 1850 for Upper Canada,
13th and 14th Victoria, Chapter 48, and of the Forms and Instructions necessary for its due
execution.
The duties which this Act imposes upon the Local Superintendents of Schools are of the
gravest importance ; and it is on the nature of these duties, and the manner of discharging
them, that I desire to address you on this occasion.
The new School Act relieves the Local Superintendent from being a Treasurer of School
Moneys, — from keeping financial accounts, and from giving Bonds with Sureties to the Muni-
cipal Council appointing him. The County Treasurer is the responsible Officer for the safe
keeping and prompt payment of the County School Fund, upon the orders of Local Superin-
tendenis. Whatever balances of School moneys may chance to be in your hands, should be
forthwith handed over to your County Treasurer,— you taking his receipt for the same.
1. The duties of each Local Superintendent of Schools are clearly pointed out in the several
clauses of the Thirty-first Section of the new Act. The first duty mentioned is, to opportion the
School money notified to him by the County Clerk, to the several School Sections within the
limits of his charge. This he is to do, according to the average attendance of pupils in eflch
School, unless otherwise instructed by the Chief Superintendent of Education. The local dis-
tribution of the School Fund among the several Schools, according to average attendance, (the
near attendance of pupils for both Winter and Summer being taken,) is an important provision
of the law, and based upon reasons which will be found in a note* ; but it should not be adopted
without previous full notice to all parties concerned. It is not, therefore, to be adopted the
present year. You will this year apportion the School money to the several School Sections
within the limits of your charge entitled to receive it, (as in former years,) according to the ratio
of children over five and under sixteen years of age resident in such School Sections respectively,
*Thi8 provision of the new Act was first submitted bj- me to the consideration of the Governor-General-in-Council on
the 14th October, 1848, in transmitting the Draft cf a short Bill, designed to remedy some of the defects of the School law
of 1846. t The reasons assigned for the introduction of this new principal into the law, relative to the apportionment of
t Printed on pages 83-93 of the Eighth Volume of this Documentary History.
School moneys, were as follows : —
"The Twelve Section proposes giving a discretionary power for the distribution of the School Fund in each District to
the several Schools, according to attendance, instead of according to School population. The Bathurst District Council has
strongly advocated attendance as the basis of distributing the District School Fund. As population has been mvariablj'
adopted in all of the popular School Laws with which I have met, as the basis of distributing the local School Fund of each
County, or Town, as well as the State, or National, Fund to the several Municipal localities, I hesitated in proposing any
other until a few months since, when I received the last Annual Report of the Massachusetts Board of Education, in which
I find this distribution of the School Fnnd recommended to the Legislature with a force of argument which, I think, cannot
be resisted. I find experienced persons, whom I have consulted of the same opinion. I find, on examination, that in many
large School Sections, the attendance of pupils is often not larger than in small ones. Distributing the School Fund accord-
ing to attendance will, therefore, be favourable to small Sections. I find also, that the attendance of pupils in new and poor
rural Sections and Townships is larger in proportion to the whole School population, than in older Townships, and in Cities, or
Towns. The adoption of the proposed principal of distribution, will, therefore, be favourable to the newer and poorer sections
of the country. This is the result of a most extended inquiry into the statistics of School attendance as compared with
School population in the State of Massachusettes ; and the Secretary of the State Board of Education concludes his argu-
ment on this point with the following impressive remarks : —
" It is most obvious, then, that an apportionment of the income of the School Fund, according to the average attendance
of children upon the School,— taking the mean of attendance for both Summer and Winter Schools— would conduce greatly
to the benefit of the smaller, the more agricultural, and the more sparsely pi'pulated Towns (townships). It would distri-
bute the bounty ' f the State on the principle of helping those who help themselves. It would confer the benefit of the in-
come on the children who attend the public Schools, instead of bestowing it in behalf of children who attend Academies and
private Schools, and never enter the public Schools at all ; and thus it would give a practical answer to the pertinent ques-
tion ' why money should be given to those who disdain to use it.' And lastly, it would be a new argument of great weight
in many minds in favour of a more uniform attendance upon School ; because the detention from School of any child who
ought to be in it, would diminish the Towns' (Township's) share of the income, and thus inflict palpable injustice, not only
on the absentee, but on all other children in the Town,' " (township.)
In the last Annual School Report of the Superintendent of Schools for the State of New York, I find that the same pro-
vision is recommended to the favourable consideration of the Legislature of that State, in the following words : —
" It is respectfully suggested to the Legislature, whether the ratio of apportionment and of distribution of the school
money, might not advantageously be so changed as to have reference to the attendance of pupils upon the district Schools,
for a certain specified period during the preceding year, instead of being upon either population, or the number of children
actually residing in the district. By the adoption of this mode of distribution, strong inducements would be presented to
the taxable inhabitants of the several districts, to place their children in the Common Schools, and to keep them there, for
a sufficient length of time to secure an additional share of the public money.
14 D.K.
210 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1S50
as compared with the whole number of children of the same ages in the Township, or each
Township under your superintendence. In my Circular notification to County Clerks, (of the
current year Legislative Apportionment.)* I have adverted to the manner in which these data
should be furnished to any Local School Superintendent, who may not have obtained them.
2. Having apportioned the school money to the several Sections within the limits of his
charge, the Local Superintendent's next duty is to pay the money thus apportioned to legally
<iualified Teachers, and no others, on the lawful orders of Trustees. The proviso of the
Fifteenth Section of the Act of 1850 gives validity to the Certificates of Qualification given by
Local Superintendents during the present year. No Teacher who has not such a Certificate, or
who cannot procure one, is entitled to any part of the School Fund. Before the end of the
current year, I trust that Regulations will be framed and provisions will be made for the more
uniform and thorough examination of Teachers, and the more systematic and equitable classifi-
cation of them. In ray Circular to Wardens of Counties,t and in my remarks in the Chapter on
the Forms and Instructions, | I have sufficiently adverted to the manner of paying Teachers,
and accounting for School moneys, under the provisions of the new School Act.
3. The next, and of all the duties of the Local Superintendent the most vitally important,
is the inspection of Schools. The provision of the law is explicit, both as to the frequency and
the manner of this inspection. The law requires each Local Superintendent :
•* To visit each School within his jurisdiction, at least once in each quarter ; and, at the time of
each such visit, to examine into the condition of the School, as it respects the progress of the pupils in
learning, the order and discipline observed, the system of instruction pursued, the mode of keeping
the school Registers, the average attendance of pupils, the character and condition of the Building and
Premises, and to give such advice as he shall think proper,"
I do not think it is possible for a Local School Superintendent to observe, with any sort of
fidelity, even the letter of the law, without spending nearly, if not quite, half a day in each
School at each visit. To deal in a few vague generalities on such occasions, and to make it a
kind of exhibition, is a burlesque on the object and duty of the inspection of Schools. Such an
exhibition of general results is appropriate at a Public Quarterly Examination ; but the object
of inspection is much more detailed, practical and thorough, and relates to the mode of proceed-
ing in every particular of School Instruction and Government. The infrequency and very
defective manner in which the Schools have been inspected in some Districts, has given rise to
objections against the very office of Local Superintendent itself.
To perform this duty with any degree of efficiency, a Local Superintendent should be
acquainted with the best modes of teaching every department of an English School, and be able
to explain and exemplify them. It is, of course, the Local Superintendents' duty to witness
the modes of teaching adopted by the Teacher, but he should do something more. He should,
at some part of the time, be an actor as well as spectator. To do this he must keep pace with
the progress of the science of teaching. §
When young, I taught a District Grammar School for about tsvo years, and with some degree
of reputed success ; || but the kind of teaching and school organization which would, in many
mstances. have been applauded in this Country twenty-five to thirty years ago, ought not to be
tolerated now Every man, who has to do with Schools, ought to make himself master of the
best modes of conductmg them, in all the details of arrangement, instruction and discipline A
m^n commite a wrong agamst Teachers, against children, and against the interests of School
r ici?^!?"' r '^ ^^^ ^®^® ^^ '^^^^^ Superintendent without being qualified and able to
fultillallits functions In respect to the manner of performing the visitorial part of your
diities, I have nothing material to add to the suggestions which I have made in my Circular to
District Supenntendente of Schools in December, 1846. They are as follows :—
Your own inspection of the Schools must be chiefly relied upon as the basis of your
judgment, and the source of your information, as to the character and methods of school
nV.l^!' w'l' ^''°;P^^"«' management, accommodations, and so forth : and, on this subject, we
tTf ^L.- 1 Z r^ ourselves with those exterior and general facts, which have hitherto been
of n?nT Vh^ir ITT^^' '"^J""'' i f ^^°°i ^^'^'^ «"^^ *« *h« ^""^ber of Schools,-that
una^ueTt^TonHbll iZnrfi^^^ sums expended, and so forth. These it^ms of information 'are of
and comnlete Zt^TJ^^^'^r^"^ ""T' ^"^^^ ^ ^' employed to render them more exact
and complete But, it is not of less importance to know the exterior regime of the Schools •—
i^a wol^ t'he whT^' '^' deportment of the Teachers ;-their relations with thTpupflsTand,
m a word, the whole moral and social character and results of the instruction given, as far a^
• This Circular beinif a usual yearly one is not inserted in this Volume
t Pages 199-202 of this Volume. j Jbid, page 194
the London DUtriot 0«,„m.r School, ot which W,'elde°tiSLTrS2fi^WMf^^^^ '" """ ''""""^ ^^'' "" "^"k" '"
Chap. XIX. EXPLANATORY CIRCULARS IN REGARD TO COMMON SCHOOL ACT. 211
can be ascertained. Such information cannot be acquired from Reports and Statistical Tables ;
it can only be obtained by special visits, and by personal conversation and observation, — by a
personal examination of the several classes, in their different branches of study, so as to enable
you to ascertain the degree and efficiency of the instruction imparted.
In the Inspection of Schools, I would suggest something like the following order and
^subjects of inquiry and examination : —
I. Mechanical Arrangements. — The tenure of the property ; the materials, dimensions and plan
of the buildings ; how lighted, warmed, and ventilated ; if any class-rooms are provided for the
separate instruction of part of the children ; if there is a lobby, or closet, for hats, cloaks, bonnets,
and so forth ; how the desks and seats are arranged and constructed, and with what conveniences,
what arrangements for the Teacher ; what play-ground is provided ; what gymnastic apparatus, if
^ny ; whether there be a well, and proper conveniences for private purposes. *
II. Means of Instruction. — The Books used in the several classes, under the heads of Reading,
Arithmetic, Geography, and so forth ; the Apparatus provided, as Tablets, Maps,Globe8,Black-boards,
Models, Cabinets, Library, and so forth.
III. Organization. Arrangement of classes ; whether each child is taught by the same Teacher ;
if any Assistant, or Assistants, are employed, to what extent, how remunerated, and how qualified.
IV. Discipline. If the pupils change places in their several classes, or whether they are marked
at each lesson, or exercise, according to their relative merit ; if distinction depends on intellectual
proficiency, or on a mixed estimate of intellectual proficiency and moral conduct, or on moral conduct
only ; what rewards, if any ; whether corporal punishments are employed ; — if so, their nature, and
whether inflicted publicly, or privately ; what other punishments are used ; whether attendance is
regular ; what Religious Exercises are observed, and what Religious Instruction is given, if any.
V. Method of Instruction. — Whether mutual, or simultaneous, or individual, or mixed ; if mutual,
the number of Monitors, of what attainments, how appointed, how employed ; if simultaneous, that
is, by classes, to what Subjects of instruction : whether the simultaneous method is not more, or less,
mingled with individual teaching, and on what subjects ; to what extent the intellectual, or the mere
Tote, method is pursued, a-nd on what subjects ; how far the interrogative only is used ; \¥hether the
suggestive method is employed ; whether the elliptical method is resorted to ; how the attainments in
the lessons are variously tested, — by individual oral interrogation, — by requiring written answers to
written questions, — or b}'^ requiring an abstract of the lesson to be written down from memory.
VI. Attainments of Pupils. — 1. In Reading ; whether they can read imperfectly, indistinctly, or with
ease and expression. 2. In Writing ; whether they can write at all, or imperfectly, fairly well, or
with ease and correctness. 3. In Arithmetic ; whether acquainted with Notation and Numeration, Ad-
dition, Substraction, Multiplication, Division, or not, respectively ; whether skilful in them ; whether
acquainted with the Tables of Moneys, Weights, Measures, and skilful in them ; whether acquainted
with the Compound Rules, and skilful in them ; whether acquainted with the higher rules, and skil-
ful in them ; whether acquainted with the exercises in Mental Arithmetic, and skilful in them. 4. In
Orammar ; whether acquainted with its divisions, rules of orthography, parts of speech, their nature
and modifications, parsing, composition, and so forth. 5. Geography, History, Bookkeeping, and so
forth ; the order of questions suggested by the nature of the subject. The extent and degree of
minuteness with which the inspection will be prosecuted, in respect to any, or all, of the foregoing
and kindred subjects, must, of course, depend upon circumstances.
4. Another most important duty required of each Local Superintendent is, "To deliver in
«ach School Section, at least once a year, a Public Lecture on some subject connected with the
objects, principles, and means of practical education." The education of a free people is, to a
great extent, a system of voluntary exertion. There may be a good School Law, and there may
be a large School Fund ; and yet education may decline. Massachusetts, without a farthing's
State School Fund, until since 1835, — (and it amounts to only a few thousand dollars a year,)
has nobly advanced in the sound and universal education of her youth ; while Connecticut, with
the largest School Fund of any State in America, in proportion to her population, has ignobly
declined in the same great work of patriotism and humanity. Ina " Prize Essay," published in
the Appendix to the last School Report of the Connecticut State Commissioner, on the necessity
and means of improving the Common Schools of Connecticut," I find the following, among many
similar statements : —
" A few years since, the name of Connecticut was mentioned in connection with Common Schools,
with honour only ; it is now, in this connection, coupled with expressions of doubt and regret, and
that by wise and sober men. Her large State endowment is described as having put her effectually
asleep, as having sent her to " Sleepy Hollow," from the influence of which, when she is aroused for a
moment, it is to talk of her noble School Fund and James Hillhouse, just as Rip Van Winkle did of
his neighbours, who had been dead forty years. The School Fund is quoted everywhere out of Con-
necticut,— we venture to say it is quoted in every other State in the Union, — as a warning and example
to deter them from giving the proceeds of their own funds, except only on the condition, that those
who receive, shall themselves raise as much as they take, and report annually as to the results. Those
who go from other States into Connecticut, can hardly credit the testimony of their own senses when
they are forced to believe the apathj^ that prevails. Every newspaper and every lecturer out of Con-
* See Note on the subject of School Accommodation on page 196.
212 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1850
$
necticut, high and low, ignorant and knowing, sneers at the Connecticut School Fund, and the present
condition of Connecticut Schools. Those who go from Connecticut into other States, and Ironi them
into Connecticut, feel a shock in the transition. It is like going from a cellar into sunshine, or from
sunshine into a cellar. We know an intelligent gentleman who has seen his scores of years, who ha»
recently removed from Rhode Island into the " land of steady habits," and can scarcely understand, or
believe, that the apathy which he finds, can be a realty. The writer has, within a few years, made
the change the other way, from Connecticut to the Bay State. He, too, has been forcibly impressed
with the contrast. In one particular, this contrast is very striking. In Connecticut, the people have
been persuaded, that to be taxed for the support of Common Schools is a levy upon the poor, for the
Schools of the rich. In Massachusetts, the people know that all such taxes are a lawful tribute from
the rich, for the benefit of the poor. We have seen in the latter State, in a crowded Town-meeting,
a thousand hands raised as by magic, to vote the largest of two sums named by a School Committee,
a sum which was nearly a dollar for every individual of the entire population, men, women, and chil-
dren. The motion was made by one of the wealthiest men in the Town, whose own children were too
old to attend the Public School. It was supported by others wealthier than he, and having no inter-
est of their own in the Schools."
These facts demonstrate that the onward progress of the education of a Country does not
depend, primarily, or chiefly, upon a School Fund, or School Law, but upon the spirit and
action of the people ; and the great object of the Local Superintendent's Public School Lectures
is, to awaken that spirit and arouse this action. The Present School Law requires that a voice
should be lifted up on this subject in every School Section in Upper Canada ; the commanding
authority of that voice will depend upon the ability, the industry, the heart, of each Local
Superintendent. No man ought to aspire to the office, or retain it a week, who has not the
heart and ability to prepare and deliver Public Lectures in a spirit and manner worthy, in a
good degree, of a cause interwoven with every vital interest of our Country's civilization and
happiness. We cannot be too strongly impressed with the fact, that the administration of the
School System is not like that of any other Department of the Public Service ; it means a
vigilant and effective oversight of the execution of the law, the protection and developmtnt of
the Country's resources : the due administration of the School System, — and indet d, properly
speaking, the great object of it, besides the ordinary administration of the law, — is to excite
and maintain, as widely, and in as high a degree, as possible, among all classes of the community,
a correct appreciation of the nature and importance of Popular Education, and a spirit of Intel-
ligence, philanthropy, and patriotism in the adoption of the diversified means necessary for the
attainment of that end. From the Office of the Chief Superintendent, down to the Desk of
the humblest Teacher, a moral influence, an energy, a vitality, should be sent forth in behalf
of the education of youth and the difi'usion of useful knowledge among the people. If the
right spirit glow in the bosom of every Superintendent, it will appear in every Public Lecture,
in every School Visit, on every proper occasion in the intercourse of private and public life, and
the results will soon be manifest in every Municipality in Upper Canada. On the other hand,
great must be the responsibility, and deep the disgrace, of any Superintendent, who shall suffer
the interests of Schools to droop and die, or linger on in a sickly condition, under his oversight.
6. On the duties of a Local Superintendent, respecting School Books and attending Meet-
ings of the County Board of Public Instruction, I will not remark at any length. The former
topic I have discussed at some length in my Annual School Report for 1849,* and, on the latter
topic, some practical suggestions will be made when the Programme for the Examination and
Classification of Teachers shall have been prepared and published, f Nor need I here offer any
observations upon the duties imposed upon you by the subsequent clauses of this Thirty-first
Section of the new Act. I doubt not but the several provisions respecting the support and
duties of the Office of Local Superintendent, will contribute very much to its efficiency and
usefulness.
6. It, therefore, remains with each Superintendent to say, whether the spirit and intentions
of the School Law shall be fulfilled within his jurisdiction, as far as depends on the performance
of the duties of his office. The new Act has been passed by the Legislature in the spirit of a
generous nationality ; the spirit of patriotism prevailed over the selfishness of party during the
Parliamentary deliberations on this subject. The Government duly appreciated the wants and
interests of the whole Country in the preparation of the Measure, and generally all parties in
the Legislature cordially responded to it. In the same non-party and national spirit, I hope to
see the Law administered. In 1841 , the Common School Law of the State of New York was
so amended as to authorize and require the Board of Supervisors of each Countv, (a Body in
school matters similar to a County Council with us,) to appoint a County Superintendent of
Common Schools. In a Digest of the Commxyti School System of the State of New York, published
m 1844 by the Deputy Superintendent, under the auspices of the State Superintendent of
Schools, I find the following remarks, which I recommend to your serious attention :—
X. J\^^ }:^^ usefulness of Local School Superintendents will depend mainly on the influence they
shall be able to exercise upon the Officers and Teachers of the Schools, and upon parents and the
•Printed on pages 271-282 of the Eighth Volume of this Documentary Historj-.
t This Programme will be inserted further on in this Volume.
Chap. XIX. EXPLANATORY CIRCULARS IN REGARD TO COMMON SCHOOL ACT. 213
inhabitants of districts generally, they will endeavour to deserve that influence by their deportment,
and studiously to avoid everything which may impair it. Hence, it will be indispensable, that thej'
should abstain wholly, and absolutely, from all interference in any local divisions, or in any questions
by which the community in any Town, or district, may be agitated ; and although they cannot be ex-
pected to abandon their political sentiments, yet, it is obvious, that any participation in measures to
promote the success of any political party, will not only diminish their influence and impair their
usefulness, by exciting suspicion of the objects of their movements and measures, but will expose the
office they hold to a vindicative hostility that will not cease until it is abolished. The intelligence of
our people will not tolerate the idea of the agents of Public Instruction becoming the emissaries of
partizan management."
The conviction expressed in the concluding sentences of this quotation, has been painfully
realized. As party politics ran high, it was found that the appointment of Local Superinten-
dents were made, in the State, to a considerable exteht, in the spirit of political partizanship,
and the influence of the Oflice was frequently employed for partizan purposes. A clamour was
soon raised against the Office itself, which resulted in its abolition in 1847. Great efforts hnve
been made during the last two years, by the State Superintendent and other experienced Edu-
cationists, to restore the office, and place it on a better footing than heretofore. These facts are
admonitory. A man's qualifications, irrespective of sect, or party, should influence his appoint-
ment to the Office ; but, when once appointed, and during his continuance in office, he should
act in the spirit of impartiality and kindness towards all Religious Persuasions and parties.
This has been the avowal of the Government,* and the sense of the Legislature in reg-rd to the
Office and duties of the Chief Superintendent ; and I think it was equally understood and in-
tended, that no tinge of partizanship should attach to the supervision of Schools, even in the
remotest Township of the Province. The spirit of the vow made by the Prussian School Coun-
cillor Dinter, should imbue the heart of every School officer in Upper Canada : —
" I promised God, that I would look upon every Prussian peasant child as a being who could
complain of me before God, if I did not provide him the best education, as a man and a Christian,
which it was possible for me to provide."
Toronto, 12th August, 1850. Egerton Ryerson.
YIII. Circular to the Trustees of Common Schools in Upper Canada, on their duties
UNDER the new School Act OF 1850.
Having caused the new School Act to be printed, and having provided for sending a copy
of it to each of the 3,036 Corporation's of Common School Trustees in Upper Canada, I now
address a few words to you on your duties and responsibilities under the provisions of that Act.
The Correspondence on the Common School Law, which has been printed by order of the
Legislative Assembly, f furnishes evidence that in every Communication which I have addressed
to the Government on the subject of our School Law, dur.ng the last four years. I have en-
deavored to get both Trustees and Teachers placed in a better position, for the fulfillment of
their duties and the protection of their interests. I am happy that the provisions of the new
School Act contain all that I have sought for in both of these respects ; and I can now congra-
tulate the Trustees of Common Schools in Upper Canada on their being placed in a position
more favourable for the efficient and satisfactory discharge of their duties, than the Trustees of
Common Schools in any State ot America.
The new Act confirms all past elections, appointments, contracts assessments, rates, and
so forth, while it gives to all parties concerned the advantages of its own provisions in the
execution of whatever may have been commenced, or undertaken, until the authority of any
previous School xlct. Nothing, therefore, in any part of our school operations, is, in the
slightest degree deranged ; but Trustees are provided with additional facilities, as they are
invested with new obligations, to fulfill their previous engagements, and provide for the future
interests of the Schools under their charge. The several clauses of the Twelfth Section of the
new Sch( ol Act clearly specify the powers and duties of Trustees. 1 will only advert, at pre-
sent, to the more important of them.
1. As the Representatives of the people in the Legislative Assembly determine the amount
of money to be expended for any object, or the Salary of any Public Officer to be employed ;
so the Trustees, as the Representatives of the people in a School Section have the sole power
of determining the amount of the Teacher's salary, and of the incidental expenses of the School.
They can also procure such Apparatus and Text-books as they may judge expedient for the use
of the pupils in the School. But the manner in which the salary of a Teacher and other actual,
or estimated expenses of the School shall be raised, is left to a Public Meeting of the tax-pay-
ers, to be called for that purpose. Then, if the whole of the expenses are not thus provided
for, the Trustees have authority to raise the balance in such manner as they may think proper,
* As expressed by the Honourable Francis Hincks, and quoted on page 14 of this Volume.
+ This Correspondence will be found on pages 223-250 of the Eighth Volume of this Documentary History.
214 DOCUMENTARY HISTORY Of EDUCATION IN UPPEK CANADA. 1850
either by Voluntary Subscription, by Rates on parents sending children to the School, or Rate&
on all the taxable property of the School Section. Trustees themselves, (and not a Magistrate,)
issue the necessary Warrants for the collection of all Rates levied by them on resident taxpay-
ers. Trustees can aho, if they so desire, petition the Township Council, in behalf of any law-
ful School Section Meeting to impose School rates, and the Council is required to give effect ta
the request of such Meeting, as expressed by the Trustees. The Common School property of a
Section is no longer vested in the Municipal Council, but in the Corporation of School Trustees,
and is, as such, liable for debts contracted by them. Trustees are, therefore, furnished with
every needful security and means to enable them to estal^ish a Good School, and provide for
its efficient support. Faithful Trustees are provided with a still further protection and assistance,
in the penalities which the new School Act imposes upon those Trustees who refuse, or wilfully
neglect, to perform their duties. It has sometimes occurred, that Trustees have been thwarted,
or embarrassed, in fulfilling their engagements, or doing their duty, by one, or other, of their
Colleagues refusing to act, and perhaps, in some instances, actually supporting an opposition
School. The sixteenth clause of the Twelfth Section of the Act provides, that :
*'In case any of the Trustees shall wilfully neglect, or refuse to exercise such corporate powers
for the fulfillment of any contract, or agreement, made by them, he, or they, shall be personally respon-
sible for the fulfillment of such contract, or agreement."
The Eighth Section of the Act further provides that :
*' Every person chosen as Trustee, and not having refused to accept, who shall, at any time,.
refuse, or neglect, to perform the duties of his office, shall forfeit the sum of Five pounds ; which
sum, or sums, may be sued for and recovered by the Trustees of the Section, for its use, before any
Justice of the Peace. "
It will thus be seen, that the new School Act makes effectual provision in the case of any person
gettmg into the office of Trustee, and then refusing, or neglecting, to perform its duties ; that
it affords ample protection to each Trustee who performs his duties, and provides every mean»
necessary to enable Trustees to fulfill their engagements. Instances sometimes occur, of parents,
or individual Trustees, refusing, or neglecting, to pay a Teacher on the expiration of his engage-
ment,— the Teacher being thus compelled to leave without the payment o; his hard-earned dues,
and a debt, thus perpetuated, to the disadvantage of a new Teacher, and the future injury of
the School.
The Seventeenth Section of the Act guards against this injustice. It provides that :
**Any Teacher shall be entitled to be paid at the same rate as mentioned in his agreement with
the Trustees, even at the expiration of the period of his agreement, until the Trustees shall have paid
him the whole of his salary, according to their engagement with him. "
This provision will prevent the injurious accumulation of debts to Teachers in a Section, and
it will furnish Trustees, desirious of performing their duties, with satisfactory reasons for in-
sisting upon prompt payment of the Rites for the Teacher's salary ; while it will aff )rd protec-
tion to the discharged Teacher, against any possible attempt to wrong him. Then, the Eleventh
and Seventeenth Sections, and the eighteenth clause of the Twelth Section, provide an easy
mode of arbitration, by which Trustees can settle any differences which may arise between
them and the Teacher, or with other parties in the School Section.
I know not how a Law, founded upon popular principles and a due regard to the equal
rights of all parties, can more effectually provide for the easy and efficient discharge of the
duties of Trustees, the right of each School Section to manage its own local affairs, and the
means and facilities of education for all its children.
2. On the duties of Trustees, in respect to their Teacher and School, I refer you to the
Second Section of the General Regulations, prescribed by the Council of Public Instruction, for
the Organization, Government, and Discipline of Common Schools in Upper Canada.* It is
needless for me to attempt to add a word to the practical and impressive views there expressed
reUtive to the Duties of Trustees ; and I would also recommend to your special attention the
several Sections of those General Regulations, and remarks upon them, which I have prepared
according to law, to aid Trustees in the performance of their duties.
^* I^^iW be seen that the new School Act provides every desirable facility for the establish-
Tn ^VV®® Schools, --Schools supported by the property of all, and equally free to the children
ot ail,— the only J^chools which are, in my opinion, based upon the true principles of national
education, and adopted to national wants, t But I wish every School Mnnicipality to be the
judge as to the manner of supporting its own Schools ; and I think the success of Free Schools
will be greatly influenced by the discretion exercised in their first establishment. As the very
^unli^l % n fi, ^^TJ' A^"" principle of supporting it, implies a School for the common
^Tr!. / I ^ *^^»i^^«°»°d youth of a School Section, the first requisite towaris its accom-
phshment, is to provide a School House and a Teacher adequate to that end. To employ a
*The»e wUl be found on pages 195-197 of thia Volume.
t For Doctor Ryereon's "Appeal" in favour of Free School, see pages 73-81 of this Volume.
Chap. XIX. EXPLANATORY CIRCULARS IN REGARD TO COMMON SCHOOL ACT. 215
Teacher incompetent to teach all the school-going youth of a section, and yet to tax all the in-
habitants to pay the salary of such incompetent Teacher, is manifestly unjust. Trustees
should, therefore, upon the ground of justice to all School-rate payers, as well as from a regard
to the interests of their own children, employ none but a highly competent Teacher, when it is
determined to have a Free School. A good School, and a Free School should be convertible
terms, as should an able Teacher and a Teacher of a Free School. Then will the quality and
character of instruction be as much advanced, as the number of pupils will be multiplied, with
the establishment of every Free School. The Appendix to my School Report for 1849, contains
copies of my addresses on the subject of Free Schools throughout Upper Canada ; and the Leg-
islative Assembly has ordered a copy of that Report to be furnished to each School Corporation
in the Province.* The Report itself also contains the sentiments of Local Superintendents and
other enlightened friends of education on the subject of Free Schools, That Report will be
placed in your hands shortly. I will, therefore, dismiss the subject in this place, with the single
additional remark, that I hope, before the year 1860, to see the light of a Free School emitting
its splendor and imparting its blessings to every child of every School Section in Upper Canada, t
It only remains for me, while I again congratulate you on the auspicious circumstances in
which the new Act places you, to urge upon you the fulfillment of the high purposes of your
responsible oflBce. The destinies of the rising and future generations of the Country are truly in
your hands. The youth of the land look up to you, as the guardians and providers of that edu-
cation which will enable them to perform their duties to their Maker, to their Country, and to
posterity. Surely you cannot, — you will not, — betray their interests and disappoint their hopes.
May they have reason to "rise up and call you blessed"! May the fruits of your labours place
Upper Canada in a position of honour and pre-eminence among the other Countries of North
America !
Toronto, 12th of August, 1850. Egerton Ryerson.
IX. Circular to The Teacher of each Common School in Upper Canada on his duty
UNDER the new CoMMON ScHOOL AcT OF 1850.
The new Common School Act of 1850, for Upper Canada, has been sent to all the Munici-
palities and School Sections. It may be regarded as the Great Charter of Common School
Teachers in Upper Canada. It stamps their profession with new importance, and throws over
their interests and character the shield of a new protection. I can now eay truly, that I know
of no State, where a Popular School System exists, in which the rights and interests of Teachers
are so effectually protected, as under the provisions of the new School Act for Upper Canada.
The pages of the ^'Journal of Education ^^ and the "Correspondence on the School Law,"
printed by order of the Legislative Assembly, | attest the feelings I have entertained, and the
efforts I have made to elevate the position, protect the rights, and improve the circumstances of
School Teachers ; and I rejoice to witness the enactment of a law, so far satisfactory on this
subject, as to prompt me, for the first time during my six years' occupancy of ofiice, to address
an official Circular to Teachers, — believing that their position and prospects are now sufficiently
encouraging to justify me in holding up the profession of a Teacher as a comfortable, as well
as respectable and useful employment for life.
2. The new Act provides Trustees of Common Schools with greater facilities for raising the
salaries of Teachers and furnishing the Schools with all needful Maps, Apparatus, and Text-
books, than I know of in any other Country ; while, at the same time, it makes corresponding
provision for the punctual payment of Teachers, both from the School Fund and local School
Rates. You have only to study carefully the provisions of the new School Act to be impressed
with the conviction, that they have been conceived in the spirit of the warmest regard for the
interests and efficiency of the Teachers' profession, and contain all that can be secured by law
to a Teacher, under a system of local self-government, where the patronage and emoluments of
each School, (beyond the amount of the School Fund apportioned to each School Section,) are
in the hands of a local elective Corporation, and not of a central Executive, as in other systems
of government. The facilities for Normal School Instruction to all Teachers, who wish to avail
themselves of it, are also greater, under the liberal provisions of the new Act, than in any other
Country in America. A valuable series of uniform Text-books, coming so generally into use,
and the Trustees being atithorized to supply all the pupils with them, cannot fail greatly to
relieve and facilitate the labours of the Teacher. It will also be observed, in the Regulations,
which have been made by the Council of Public Instruction, (under the provisions of the new
Act,) that the independence of the Teacher, in the teaching and classification of his School, is
* For the principal Address on Free Schools, see pages 73-81 of this Volume.
t It was not, however, until 1871 that Free School became universal in I
lool Act of that year.
X See also pages 223-250 of the Eighth Volume of this Documentary History.
t It was not, however, until 1871 that Free School became universal in Upper Canada, under the provision of the
School Act of that year.
216
DOCUMENTARY HISTORY 0^ EDUCATION IN UPPER CANADA. 1850
placed beyond petty interference, or individual tyranny. Under the more effective system for
examining and licensing Teachers, as provided for by the new School Act, and the Programme
for the Examination and Classification of Teachers,* prepared by the Council of Public Instruc-
tion, a proper line of demarcation will be drawn between Teachers, according to their relative
qualitications ; and each Teacher will acquire the position and advantage to which he is entitled.
3 Such being your position, relations and prospects, under the provisions of the new
School Act, I am desirous of making a few general remarks and suggestions, relative to your
future conduct Your general duties are prescribed in the several clauses of the Sixteenth Sec-
tion of the School Act, and the Rules according to which you are to conduct your School, will
be found in the Third and fifth Sections, of the General Regulations for the Organize
tion. Government and Discipline of Common Schools, adopted by the Council of Pub-
lic Instruction.t I hope you will meditate upon, and m«ke yourself thoroughly acquainted
with, the intention and spirit of these requirements of the Law, and of the Regulations author-
ized by it. What I have now to offer is of a more general character.
4 Permit me first to say, value your profession. If you do not value it, others will not.
But do not show your estimate of ic. by assuming lofty airs, or making lofty pretensions, but
by makin? yourself thoroughly master of it, by devoting your energies to it, by becoming im-
bued with its spirit. Let your actions speak, and let your heart feel. If an orator would have
his audience feel, he must first feel himself ; and, if a Teacher does not feel, and does not give
proof that he feels the value and importance of his work, can he reasonably expect others to
do 80 ? We often hear it said, "Teachers are not respected." But, is it i.ot almost as often
true, that Teachers do not respect themselves ?— that they do not act lespectably ;— that they
themselves provoke the disrespect of which they complain ? A Teacher cannot be made respect-
able by Act of Parliament. He must make himself so. In every ordinary employnient of life,
a man who acta upon high princ pies, and shows that he understands and values his business,
will invariably command respect. Nor are the Teacher and his work an exception to the
general rule. Nay, wherever a Teacher has shown himself the posse sor of noble principles,
and that he understood and loved his work, has he not commanded respect, and soon acquired
commandinti influence in the neighborhood of his residence ? 1 am persuaded that the people
of Upper Canada do not, to any considerable extent, disrespect Teachers, who are worthy of
respect. A people in so young a Province, and in the infancy of the School System, who
voluntarily taxed themselves last year lo the amount of Two Hundred and Seventy-five thousand
di liars, ($275,000,) (considerably more in proportion to population than the amount raised last
year by the people of the State of New York) for salaries of Teachers alone, — irrespective of
the Legislative School Grant, and of the sums assessed and collected for the erection of School
Hou8e8,and for the incidental expenses of Schools. — cannot but respect every respectable Teacher.
It is true, that narrow and mean views are entertained by some as to the amount of a Teacher's
remuneration, but the same persons entertain similar views as to the remuneration of all Public
Ofticers. But the number of these enemies of knowledge and petty tyrants of mental labour,
will diminish, as intelligence and manly virtues advance in society. The large increase which
has alre>idy, in many instances, taken place in the salaries of eflicient Teachers, and the increas-
ing demand for such T'^achers, in various parts of the Province, indicate a progress full of
encouraging hopes and anticipations for the future.
6. Then, if you value your profession yourself, employ the proper means to give it a place,
not only in the esteem, but in the interest and sympathies, of others. The profession of a
Teacher is a means to an end ; it exists, not for the sake of the Teacher himself, but for the
interests of society. It is a work indispensable to the progress and well-being of society.
What is the Teacher's work ? It is to develop the mind, to mould the heart, and to form the
character of the future citizens, Magistrates and Rulers of our land ! It is to teach and implant
that which is the only true guarantee of liberty, order and social stability— the essential element
of a Country's prosperity and happiness. Show that you sympathize with these objects,— that
your heart is in them,— that your thoughts and aims do not terminate in yourself alone, but
embrace others,— and especially encircle the rising generation. Such a spirit, like heat in the
atmosphere, will be diffusive. Others will imbibe it ; the indifferent will become interested,
and the selfish will begin to feel the impulses of intelligent generosity ; t arents will become
increasingly anxious for the education of their children, and children will become increasingly
anxious to be educated. In any neighborhood, both in town and country, where any youth are
allowed to grow up uneducated, a Teacher should be an Educational Missionary, as well as an
Educational Pastor ; and every instance of success wUl add to his influence and means of sup-
port, as well as usefulness. No class of men in the Country will derive so 'arge an individual
advantas<e from the progress of society as School Teachers, and they ought to be intent in efforts
to excite every sentiment and feeling, and to procure and circulate every publication, which
will tend to diffuse education and knowledge. A Teacher who fold^ his arms in slothful
♦ See pages further on in the next Chapter of this Volume.
t Printed on pages 195-198 of this Volume.
Chap. XIX. EXPLANAf0R^IRCULAR^^REGARCT^?5MM0N SCHOOL ACT. 217
inactivity, — neither imoroving in knowledge himself, nor advancing it among others, — and yet
complaining that no Hercules comes to his relief, deserves neither respect, nor assistance ;
while the Teacher, who nobly exerts himself in both acquiring and diffusing knowledge, will
receive both emolument and respect, if not admiration and applause.
6. The mutual intercourse of Teachers, — mutual visits to each others' Schools, — forming,
and meeting occasionally, or periodically in, Associations for mutual improvement, and the
promotion of professional objects, — which are no other than public interests ; — these and
kindred measures, in connection with professional reading and indus*^ry, cannot fail to con-
tribute much to the success, enjoyment, and social standing of Teachers. Professional friend-
ships will be formed ; professional feeling will be eakindled ; professional zeal and emulation
will be excited ; professional skill and usefulness will be improved ; and Teachers will be more
respected by the community at large, by thus evincing proper respect for each other. Faithful
Teachers have already on their side the enlightened part of the community, the press, the
pulpit, and the Legislature. Let them be true to themselves and to their profession. Lord
Bacon has said truly, — ''Every min owes a debt to his profession,"
On one occasion, some weeks since, I felt pained beyond expression, in witnessing certain
Members of the Bar chiming in with a senseless and shameful cUm )r against their profession, — to
members of which the Americas people have, at this moment, entrusted every department of
their supreme Government, and to the intelligence and patriotic advocacy of which Upper
Canada is indebted for every vestige of her constitutional and municipal government, and the
most valuable Statutes of civil and criminal jurisprudence, as well as the largest facilities for
Public Education, and some of the finest examples of personal and social virtues. I hope that
no temptation to pander to* the passions of prejudice, ignorance, or selfishness, will ever induce
you to forget the debt which you owe to your pr )fession. Seek to have it purged of every
inebriate, every blasphemer, every ignorant idler, who cannot teach and will not learn ; and
do what in you lies to stamp upon it the character of intelligence and virtue, and make it
worthy of that high respect and liberal support which an enlightened people will readily award
to able Teachers of their offspring.
7. I would also offer a word of caution against discouragement in your work, or disinclina-
tion to it, on account of its comparative obscurity. It is true, the circle of your daily labours is
narrow, and the results of them are remote ; there is little variety in your employment, and the
monotony of it is only varied by Quarterly Examinations and short Vacations. It, therefore,
requires more than ordinary patience, perserverance and benevolence, to pursue your work,
m(mth after month, and year after year, with unibated zeal and energy. Yet your work is
now a public profession, recognized by law, and none but a Teacher, examined and licensed
according to law, is permitted to receive a farthing of the public School Fund, any more than
a person not examined and admitted to the Law Society, is permitted to practice as a Barrister-
at-Law. And the results of the work performed in the humble School House, though remote,
will not be uncertain, and may one day appear in the highest position of a free people's gift, or
in the most important affairs of a nation's diplomacy, or in the most honoured relations of
parental and social life. The Common Sohool House is the sole Educational College for the
vast majority of the present youth and future fathers and mothers of our Country. That
accomplished scholar and elegant writer. Doctor Jared Sparks, President of Harvard University,
traces his early training, and several years of his apprenticeship in teaching, to the Common
School ; and the great American Statesman and orator, Daniel Webster, is accustomed to refer
to the Common Scho )1 as his first alma mater, in which was laid the foundation of his future
character. Through long months, and in retirement and solitude, the Italian Painter occupied
his brush on a single piece of canvas ; but that canvas has, age after age, imparted instruction
and delight to hundreds of thousands. For years did the Grecian Sculptor, in almost exiled
seclusion, employ his chisel on a single block of marble • but that marble has survived the
wreck of empires, and still commands the admiration of the refined of all countries. Let the
practical philosophy of these facts be engraved upon the heart of every right-minded Teacher,
and it will sweeten his toil, and add fresh attractions to every successive year of his increasingly
skilful and eflicient labours.
ToKONTO, 14th of August, 1850. Egerton Ryerson.
X. ClRCOLA-R TO THE ClERKS OF THE SEVERAL CoUNTIBS, TRANSMITTING A CERTIFIED CoPY
OF THE Apportionment of the Legislative School Grant for 1850.
1. I transmit you a copy o? that New School Act, of 1850, and of the Forms and In-
structions for the execution of its provisions.
2. According to the Forty-second Section of the Act, the money apportioned to the
several Townships of your County, is forthwith payable to the County Treasurer.
3. As required by the third clause of the Twenty-seventh Secti«m of the Act, you will at
once notify the Local Superintendent of Schools of the apportionment as far as relates to the
218 DOCUMENrARY HISTORY OFfEDUCATION IN UPPER CANADA. 1850'
Townships under their charge respectively, and notify me also of the name and address of your
County Treasurer, and of each Local Superintendent in your County ; also favour me with the
information, from time to time, required by the last proviso of the same Section of the Act.
4. Besides raising by local assessment a sum equal, (clear of all charges of collection,) to that
now apportioned to the several Townships of your County, it is important that two things be
specially provided for by the Council of which you are Clerk : — The one is to obtain
forthwith from the late District School Superintendent, (if they have not been already obtain-
ed,) the last year's Statistical Returns of the children of the school age in each School Section
and parts of t^ection in your County. These Returns are the date upon which the Local
Superintendents must distribute the School Fund to the several School Sections the present
year. It will be necessary for each Local Superintendent to be furnished with a copy of such
Returns, so far as they relate to the School Sections under his charge. He cannot take the
first step towards making the apportionment of the School Money notitied to him, without these
date.
5. It is also importent that your County Council, (consisting, as it does, of one, or
more, Represen^^atives from each Township,) teke the requisite steps to have all School
Moneys, either of the past, or present, year, which now are, or may come, into the hands of
Township Collectors, or Local Superintendents, paid over to the County Treasurer, — so that
they may be paid out and accounted for according to the provisions of the new Act.
6. I regret the unavoidable necessity, (arising from the state of the School Law,) which
has compelled me to defer, to so late a period, the notification of the current year's apportion-
ment of the School Grant. I trust that such a necessity will not occur again, and that the
promptness of co-ordinate action, on the part of each County Council, will provide for the pay-
ment of the Assessment part of the School Fund within the period prescribed by law.
7. I fear that the School Returns, on which I have been compelled,— for the want of better
d*t», — to base the apportionment to the various municipalities of Upper Canada, are defective,
in some instences, and exaggerated in others. I hope the General Census of the Province, now
in the course of being token, will in future enable me to revise and render the whole school
apportionment more equitable, as well as enable me to notify it to the several Municipalities at
the beginning of the ensuing year.
Toronto, 30th July, 1850. Egerton Ryerson.
CHAPTER XX.
EXAMINATIOxN AND CLASSIFICATION OF TEACHERS, WITH FORM
OF THEIR CERTIFICATES OF QUALIFICATION.
Circular to the County Boards of Public Instruction on their Duties
UNDER THE SCHOOL ACT OF 1850.
of xL^lheTof rn"„,i^nr^'*l!*rPV^*u' ^^«g^»"?"^« ^or the Examination and Classification
ot leachers of Common Schools, which has been adopted by the Council of Public InstrnPtinTT
as required by the new School Act, of 1850 ; and I think it proper, at the same time toT^^^^^
few explanatory and practical remarks on the subject. ' *
1. You will observe that the standard of qualifications prescribe.! for each class of TAa/»H«r-
license pe^ns'UTeact;.^t;h'!::\thr-r^\—^
• This Progiumme will be found on the siicceedinif pa^es of this Chapter.
Chap. XX. EXAMINATION AND CLASSIFICATION OF TEACHERS.
219
Teachers in the accompanying Programme ; but it is hoped that such a necessity will not long
exist ; and every Teacher of this Class should be impressed with the consideration, that, if he
wishes to be recognized in future years as a legally qualified Teacher of Common Schools, he
must apply himself diligently to the acquisition of higher qualifications. The profession of
School- teaching can only be efficient, and influential, as the qualifications and character of its
members are respectable and elevated. The accompanying Programme states the minimum of
qualifications required for each class of certificates.
2. But the first, and perhaps most important duty which devolves upon you, is that which
precedes an examination into the intellectual qualifications of candidates. The law expressly
declares, that "■ no Certificate of Qualification shall be given to any person as Teacher, who shall
not furnish satisfactory proof of good moral character." This is a vital point on which you are
called to pass a conscientious and impartial judgment, before you admit any candidate to an
examination. The law of the land thus makes you the moral guardians of the children
and youth of your respective Counties, as far as depends upon the moral character of
their Teachers, the same as the Divine law makes you the guardians of your own children ; and
you should certainly license no character to teach the former, whom you would not permit to
teach the latter. Manyrepresentations have been made to this Department respecting intem-
perate, and profane, and Sabbath-breaking Teachers. To what extent these representations are
well-founded, is not for me to say. But, when so many parties have been individually authorized
to license Teachers, it were not surprising if isolated individual firmness should be overcome by
the importunity of a Candidate, in some instances, backed by requests of inconsiderate Trustees.
Now, however, you meet in Council ; the Candidates come before you on common ground ; you
judge of the *' moral character" of each by a common rule ; you are less liable to those plaintive
appeals and pleas which have so often been pressed upon the feelings of individual Superintendents
and Visitors. I cannot but regard it as your special mission to rid the profession of Common
School Teaching of unworthy characters, and of wholly incompetent persons, to protect the
youth against the poison of a vicious Teacher's example, and to lay the foundation for greatly
elevating the Profession of School Teaching, and greatly increasing the efficiency and usefulness
of Common Schools. The moral character of Teachers involves the deepest interests of our
offsprinsf, and the widest destinies of our Country. No lax expediency, or false delicacy, should
be permitted to endorse a person of irregular habits, or doubtful morals, as a " good, moral
character," and let him loose upon society, authorized and certified as a duly qualified Teacher
of its youth. I am sure you will agree with me, that your Certificates should state what you
believe to be strictly true, and, therefore, be a guarantee to Trustees of Schools and parents of
children, in regard to the moral character and intellectual qualifications of every Teacher whom
you shall license.
3. As to your examination of Candidates in the several subjects mentioned in the Programme,
I had, at first, intended to have prepared some general questions on each subject, as hints both
to examiners and Candidates for Certificates of difierent classes ; but, on further consideration,
I found it would occupy too much space, and might probably be better left to the discretion and
judgment of the Examiners themselves. 1 would only suggest, therefore, as all the Candidates
present at any meeting of a County Board of Examiners will probably be examined in a single
class, the Candidates entitled to the Lower Clas«» Certificates may be relieved from remaining,
(except as mere spectators, ) at the continuation of the examination of those who are deemed
competent to be examined in the subjects prescribed for the Higher Class Certificates ; and that,
as the object of the examination is, to ascertain not only the nature and extent of the attain-
ments of the Candidates, but their capacity to teach others what they know themselves^ the
examination, in each subject of the Programme, should be specially adapted to elicit this
primary qualification of a good Teacher, as also his knowledge of School Organization, Classifi-
cation, and Government.
4. It only remains for me to advert to the mode of calling the first meeting of County
Boards of Public Instruction, and of holding their future meetings. As the mode of calling the
first meeting is left by the School Act as a matter of instruction from this Department. I have
thought it would be most convenient for the members of each County Board to meet about the
middle of November ; and I have appointed the time accordingly. Each County Board once
assembled, will ever after, according to law, appoint the times and places of its own meetings.
It is submitted, whether the first meeting of each County Board of Public Instruction would ex-
amine Teachers at all ; whether the Members present at such meetings might not consider and
determine their mode of proceeding in the admission of Candidates to examination, and in the
mode of examining them ; — assigning to one, or more, Membeis of the Board, the duty of con-
ducting the examination in each branch, or subject, prescribed in the Programme ; and then
appointing the time and place, or times and places, for the examination of Teachers, — giving due
publicity to the same. As but three Members of the County Board are required to be present
at any meeting for the examination and licensing of Teachers, they might, at a general meeting
agree to meet in sections of three, or four. Members each at places most convenient for the ex-
amination of Teachers for different specified portions of the Country— especially if it be large.
220 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1851
«
As. by the Fifteenth Section of The School Act, the Certificates of Qualification to Teachers,
given by Local Superintendents of Schools, are valid during the current year, The Meetings and
proceedings of the County Boards will have reference to 1851 and future years.
No branch of a System of Public Instruction has ever been brought into operation in any
Country, without much anxious toil ; and the efficient commencement of this most important,
and too long neglected, department of School System, will require no inconsiderable labour and
much patient and earnest purpose to promote the welfare of the rising generation. The more
serious and difficult part of the task will soon be accomplished, while the results cannot fail to
be extensively beneficial, alike upon the application, the aspirations and improvements of
Teachers, the character of the Schools, and the progress and interests of the pupils.
ToEONTO, 8th of October, 1850. Egerton Ryerson
Programme for the Examination and Classification of Teachers of Common Schools,
BY THE County Boards. Prescribed by the Council of Public Instruction for
Upper Canada on the third day of October, 1850.
Note. — Candidates are not eligible to be admitted to examination until they shall have furnish-
ed the Examiners with satisfactory evidence of strictly temperate habits and good moral character.
Minimum Qualifications of Third Class Teachers.
Candidates for Certificates of Qualification are required :
1. To be able to read intelligibly and correctly any passage from any common Reading Book.
2. To be able to spell correctly the words of an ordinary sentence dictated by the Exami-
ners.
3. To be able to write a plain hand.
4. To be able to work readily questions in the Simple and Compound Rules of Arithmetic,
and in Reduction and Proportion, and to be familiar with the principles on which these Rules
depend.
5. To know the Elements of English Grammar, and to be able to parse any easy sentence
in prose.
6. To be acquainted with the Elements of Geography, and the general outlines of the Globe
7. To have some knowledge of School Organization and the Classification of Pupils
8. In regard to Teachers of French, or German, a knowledge of French, or German, Gram-
mar may be substituted for a knowledge of the English Grammar, and the Certificates to the
Teachers are to be expressly limited accordingly.
Minimum Qualifications of Second Class Teachers.
Candidates for Certificates of Qualification as Second Class Teachers, in addition to what
18 required of Candidates for Third Class Certificates, are required :
1. To l^ able to read with ease, intelligence, and expression, and to be familiar with the
principles of Reading and Pronounciation.
2. To write a bold free hand, and <o be acquainted with the rules of teaching Writing.
3. To know Fractions, Involution, Evolution, and Commercial and Mental Arithmetic.
Note. (Female Candidates for this class of Certificates of Qualification will only be exam-
ined in Practice and Mental Arithmetic.)
4. To be acquainted with the Elements of Book-Keeping.
r^r^-f' '^° ^7^ **»?««™"^«'^R"le^o^ Orthography, and to be able to parse any sentence in
n^n^t'n^HJTt^' ''w ™*^.^^ submitted ; to write grammatically, with correct spelling and
g^st^ Bubstance of any passages which may be read, or any topics which may be sug-
6. To be familiar with the Elements of Mathematical, l»hysical and CivU, or Political
Geography, as contained in any School Geography. ' ^o^"i<^a^
Minimum Qualifications of First Class Teachers.
Candidates for Certificates of Qualification as First Class Teachers, in addition to what is
required of Candidates for Second and Third Class Certificates, are required -
ElemU^fl^r " inf ''' """'" ''' ''' Mensuration of Superfices and Solids, and tne |
Chap. XXI. EDUCATIONAL PROCEEDINGS OF THE LEGISLATURE OF CANADA. 221
2. To be familiar with the simple Rules of Algebra, and to be able to solve Problems in
Simple and Quadratic Equations.
3. To know the first four Books of Euclid.
4. To be familiar with the Elements and Outlines of General History.
5. To have some acquaintance with the elements of Vegetable and Animal Physiology, and
Natural Philosophy, as far as taught in the Fifth Book of the Irish National Readers.
5. To understand the proper Organization and Management of Schools, and the improved
Methods of Teaching.
(Note. Female Candidates for first class Certificates of Qualification will not be examined
in the subjects mentioned in the first three paragraphs under this head.)
CHAPTER XXI.
EDUCATIONAL PROCEEDINGS OF THE LEGISLATURE OF CANADA.
On the 20th of May, 1851, His Excellency Lord Elgin^ Governor General of
Canada opened the Fourth Sessions of the Third Provincial Parliament with the
usual Speech from the Throne, in which he made no reference to Educational
Matters in Upper Canada.
Educational Proceedings of the House of Assembly, Session op 1851.
May 26th, 1851. — Pursuant to the Order of the Day, the following Petition was read : — of
the Reverend Stephen Lett, LL.D., and others, Clergy and Laity, Members of the United
Church of England and Ireland, in the Diocese of Toronto ; praying an Act of Incorporation for
a Church of England University, under the name of "Trinity College."
,hme 2nd, 1851. — Pursuant to the Older of the Day, the following Petition was read : — Of
the Municipal Council of the County of Prince Edward praying for certain amendments to the
Common School Act.
June Jfbh, 1851. — Pursuant to the Order of the Day, the following Petition was read : — Of
the Right Reverend Joseph E. Guigues, Bishop of Bytown, the Roman Catholic Clergy, and
others, of Bytown and its vicinity ; praying aid in behalf of the College of Bytown.
June 5th, 1851. — Pursuant to the Order of the Day, the following Petition was read : — Of
the Reverend Oliver Kelly and others, Roman Catholics, of the Town of Brockville, praying for a
certain amendment of the Common School Act.
Ordered, That the Honourable Henry Sherwood have leave to bring in a Bill to amend the
Charter of the University of Toronto. He accordingly presented the said Bill to the House, and
the same was received and read for the first time ; and ordered to be read a second time on
Wednesday, the Twenty-fifth instant.
The following is a copy of this Bill, intituled : —
" An Act to amend the Charter of the University of Toronto."
Whereas the enactments, hereinafter repealed, or amended, originated in the earn- Preamble
est desire of the Legislature to meet the wishes of the people of this Province, by so
constituting the University therein mentioned, as to afford to all Denominations and
classes of Her Majesty's Subjects, without distinction, the means of obtaining a liberal
Education therein ; but they have failed to effect the end intended, inasmuch as no
College, or Educational Institution,has, under them, become, or manifested any desire to No desire for
become, affiliated to the said Universit}^ ; and many parents and others are deterred by affiliation,
the expense and other causes from sending the youth under their charge and care to re-
side in a large and distant City, or, from conscientious scruples, object to allow them
to be educated in any Institution where thev cannot receive Religous Instruction from Conscientioua
Teachers of their own faith ; and,— " Scruples
Whereas many persons do and will, therefore, prosecute and complete their stiidies
in other Institutions in divers parts of this Province, to whom it is expedient to afford
such facilities, and on whom it is just to confer such distinctions and rewards as many
incline them to persevere in these their laudable pursuits ; and, —
222 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1851
#
Ix)ndon Whereas experience hath shown that the principles embodied in Her Majesty's
Ch' t"***^ Royal Charter to the University of London, in England, are well adapted to remove the
difficulties and to promote the attainment of the objects aforesaid : Be it therefore
enacted by Her Majesty, etcetera.
Certain sections And it is hereby enacte<l by the authority of the same, that the Fifth to the Twen-
of the University tieth Sections, inclusive, and the Twenty-fourth to the Twenty-eighth Sections inclusive
^3^^**^" and the Forty-third Sections of the Act of 1849, passed in the Twelfth Year of Her
J^ ■ Majesty's Reign, and intituled :—
chap. 82. *' "An Act to amend the Charter of the University established at Toronto by His
Majesty King George the Fourth, to provide for the more satisfactory government of
said University, and for other purposes connected with the same, and with the College
and Royal Grammar School forming an appendage thereof ;"
Certain sections '^^^^ ^^^ First, Third, Fourth and Fifth Sections of the Act of 1850, passed in the
of the University Session held in the Thirteenth and Fourteenth Years of Her Majesty's Reign, intituled : —
Dftded^^^"^ ' "^^ ^^^ ^® remove certain doubts respecting the intention of the Act of the last
v^ . . Session of the Parliament of this Province, for amending the Charter of the University
Vict.'chap. 49. ®^ Toronto, and to provide for the institution and endowments of Regius and other Pro-
fessorships, Lectureships, Fellowships, Scholarships, Exhibitions, Prizes and other
Rewards in the said University, and tor other purposes connected with the said Univer-
sity, and with the College and Royal Grammar School of Upper Canada, forming an
Appendage thereof,"
looonaistent "^"^ ^° much of any other part of either of the said Acts, or of the Charter referred
Part* of Charter ^ ^^ the Act first mentioned, as may be inconsistent with this Act, shall be repealed ;
repealed. but so much of the said Charter, as shall not be inconsistent with this Act, or with those
provisions of the said Act which are not hereby repealed shall remain valid, or, if
repealed by the Act first mentioned, shall be revived.
Name of the ^^' '^^^ University established by the said Charter and mentioned in the said Acts
University, as shall henceforth be calle<l "The University of Toronto,' and shall continue to be a
chartered. Body Corporate, with such powers and privileges as are conferred upon it by those por-
<**°Jf«*- tions of the said Charter and Acts which remain in force after the passing of this Act,
But it shall not °^ ^^ ^^^^ ^^^ 5 and neither such change of name, nor anything in this Act, shall be con-
be deemed a strued to make the said University a new Corporation, or to cause any action, suit, or
new Corpor- proceeding in law, or in equity, to which the said University may be a party, to abate,
°°- cease, or be discontinued, but the same may be continued upon the suggestion of the
passing of this Act, by, against, or with regard to, the said University, by the corporate
name hereby assigned to it.
How certain HI- ^^ henever, in those portions of either of the said Acts, or of the said Charter,
word* In the which will be in force after the passing of this Act, the University, or Corporation of
cKr SalTbe ?! II The Chancellor, Masters and Scholars of the University of Toronto,"or of " King's
oonatrued. College is mentioned, or referred to," The University of Toronto " shall hereafter be
understood to be intended ; and, whenever the Caput of the University is mentioned
the Senate shall be understood to be intended, and the word : " Officers," whenever it
occurs in the same, shall include any Examiners, or other Officers to be appointed under
No Profe«)r- ^"'f T^ ' ^^ ^^^^^. shall be no Professorship, or other Teachership, in the said University '
Bhipe, Etcetera *"" ^ "™^"^>"" ^^ ^"y Officer, or office, in the said Acts, or Charter, shall not be under-'
Unt^i^l^.'^'' stood as implying that their shall be any Officer, or office, of that name in the said
Uni\errity. University, unless the Senate shall see fit.
Future affect .' T" ^^f ^orty-sixth to the Forty-eighth, Sections inclusive, of the Act first men-
^S:!^"^. Jr^K.f*'*".^^'^ "° "^"'^ ^^'^' '^^ P^^*"8 °^ *^^« A^t' ^'^^^Pt ^« t« things done under
tlonaof 12J Vict ''"®™ before that time, and not inconsistent with this Act.
SThomthe U..Z: ^^^ ^'^ University and Corporation, by the name herein assigned to it ; shall
S-^SSJii'^shall J^^ft nl T^f of one Chancel or, one Vice-Chancellor, (who shall be a salaried Officer
*^"^ «nl- . r^- "i^^V"'^^ *f t^« Governor of this Province shall, from time to time
tTeT^rt^ai^^^^ ^"^ - «^^" ^« appointedby theSenate, unde^r
8«°*t«- f ha «J^no7^^* V.^*"''- V'i'r' y'<^e-phanceIlor and Fellows, for the time being, shall constitute
Chancellor. ^Jl^^t^^^^ l\'^ ?f '^ University ; and the first Chancellor and Vice- Chancellor shall be
Vioe-ChancWllor. aPPO»nted by the Governor, m the manner aforesaid ; but no Minister Ecc esLstfc or
Klh^etn^ a^y Time.^"''" '' ""^ Denomination, or Persuasion, shall be appd^ted ctS^^^^^^ ^t
cSa-nci'uor. 'J^l^^^r^^j:,,^^^^^^ ^^^^ P^-» ^o be Chancellor, insteTof The^'chareX
How vacancies ^,^,^}y:J}i^ "^"^^ ""i Vice-Chancellor of the said University shall, whenever anv
in the office of vacancy shall occur, after the first appointment to the said office be an TnT^l nt^
Vice-chancellor and the Members of the Senate shall, at a Meetina to h^ hnl^I^ K, .t ^",a"°"al one ;
Chap. XXI. EDUCATIONAL PROCEEDINGS OF THE LEGISLATURE OF CANADA. 223
to bfc Vice-Chancellor, who shall hold his office for one year from the time of his
election ; and the Members of the Senate shall, at a Meeting to be holden for that
purpose, on some day within a month before the expiration of the tenure of the said office,
of which Meeting due notice shall be given, elect some one of the Fellows of the said
University to be Vice-Chancellor, and so, from time to time, annually ; or, in case of the
death, resignation, or other avoidance of the office by any such Vice-Chancellor after the
first, before the expiration of his year of office shall, at a Meeting to be holden by them
for that purpose, as soon as conveniently may be, of which due notice shall be given,
elect one other of the said Fellows to be Vice-Chancellor for the remainder of the year,
in such which death, resignation, or other avoidance of the office, shall happen.
IX. If, at any time, by death, or otherwise, the number of the said Fellows shall be ^'^J'*'^^" °*.
reduced below the number of , exclusive of the Chancellor and Vice-Chancellor for ^Y\ey fall below a
the time being, then, and in such case, and as often as the same shall happen, the certain number.
Members of the Senate shall, as soon as conveniently may be, at a Meeting to be holden
for that purpose, of which due notice shall be given, elect , or more fit and proper
persons to be Fellows in addition to the then remaining Fellows, to the end that, by
means of such election, the number of Fellows of the said University may
I)e completed, exclusive of the Chancellor and Vice-Chancellor of the said University ; but
no person shall be appointed, or elected, a Fellow who shall not be a subject of Her
Majesty.
X. The Governor of this Province shall be, (as heretofore,) the Visitor of the said Governor to be
University, in behalf of Her Majesty, with the powers vested in him as such Visitor by *^* '^^'
the Act (of 1849,) first mentioned.
XI. The Chancellor, Vice-Chancellor and Fellows for the time being shall, (subject
to the provisions of the said Act (of 1849) relative to the Endowment Board and the
duties assigned to it, and to the other unrepealed provisions of the said Act (of 1849),
and to those of this Act relative to the Income and Property of the said University),
have the entire management of, and superintendence over, the affairs, concerns and
property thereof ; and, in all cases unprovided for by this Act, or by any unrepealed
enactment of the said Acts (of 1849 and 1850), it shall be lawful for the Chancellor, Vice-
Chancellor and Fellows to pass such Statutes and to act in such manner as to them shall
appear best calculated to promote the purposes of the said University ; and the said
Chancellor, Vice-Chancellor and Fellows shall have full power, from time to time, to
make and alter any Statutes and Regulations, (=!0 as the same be not repugnant to the
Laws of Upper Canada, or to the general objects and provisions of this Act, or to the
unrepealed enactments of the Acts (of 1849 and 1850) aforesaid,) touching the examination
for Degrees, or for Certificates of Proficiency, and the granting of the same, and touching
the mode and time of convening the Meetings of the Chancellor, Vice-Chancellor and
Fellows, and, in general, touching all other matters, whatever, regarding the said
University, or the property thereof ; and all such Statutes and Regulations, when
reduced into writing, and after the Common Seal of the said University have been
affixed thereto, shall be binding upon all persons being Members, or Officers, thereof, and
all Candidates for Degrees, or Certificates of Proficiency, to be conferred by the said
University, a certified copy of such Statutes and Regulations, being deposited with the
Provincial Secretary, within ten days after the passing thereof, to be laid before the statutes may be
Visitor of the said University, who may, at any time, within two years after the same disallowed by
shall have been left with the said Secretary, disallows the same, and any By-law, or the Visitor.
Regulation, so disallowed, shall be null and void from the time when the disallowance
thereof shall be signified to the said University.
XII. In addition to the power of conferring Degrees in Arts and Faculties, vested university to
in the said University, the said Chancellor, Vice-Chancellor and Fellows shall have grant Certi-
power, after examination, to grant Certificates of Proficiency in such branches of p^*^^^ °*
Knowledge as they shall, from time to time, by Regulations to be made in that behalf, ^^ ciency.
determine.
XIII. All questions which shall come before the Chancellor, Vice-Chancellor and Questions to be
Fellows in Senate, shall be decided by the majority of the Members present ; and the ^al^oritv^of
Chairman, at any such Meeting, shall have a vote, and, in case of equality of votes, a votes in
second, or casting, vote. Senate.
XIV. No question shall be decided at any Meeting, unless the Chancellor, or Vice- Quorum fixed.
Chancellor, and five Fellows, or, in the absence of the Chancellor and Vice-Chancellor,
unless six Fellows, at the least, shall be present at the time of such decision.
XV. At every Meeting of the Chancellor, Vice-Chancellor and Fellows, the Chan- Who shall
cellor, or, in his absence, the Vice-Chancellor, shall preside as Chairman, or, in the PT®^^^® ^^
absence of both, a Chairman shall be chosen by the Members present, or the major part ^^ *"^^*
of them.
XVI. The said Chancellor, Vice-Chancellor and Fellows, for the time being, shall Senate to
have full power, from time to time, and as they shall see occasion, to remove all Exami- ^^P^*"*" °^^®*"^»
ners, Officers and Servants of the said University.
XVII. Once, at least, in every year, the said Chancellor, Vice-Chancellor arid Examination of
Fellows shall cause to be held an examination of the Candidates for Matriculation and for candidates.
224
DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA.
1851
Candidates who
have gone
through the
prescribed
course of study
in certain insti-
tutions to be
admitted to
examinations.
Frona what
schools, &c.
candidates for
Medical Degrees
may be
examined.
Power to confer
Degrees.
Fees.
Names of
successful
Candidates for
Degrees to be
declared.
Candidates
certificates of
Eroficiency to
e cldBsified.
Standard of
qualification to
be as high as in
the University
of London.
Degrees, or Certificates of Proficiency, as aforesaid ; and, at every such examination, the
Candidates shall be examined by Examiners appointed for the purpose from among the
Fellows, by the said Chancellor, Vice-Chancellor and Feliows, or by other Exa.niners, so
to be appointed ; and, at every such examination, the Candidates shall be examined in
as many branches of general Knowledge as the Chancellor, Vice-Chancellor and Fellows
shall consider the most fitting subjects of such examination.
XVIII. And, in order to extend the benefits of Colleges and Establishments,
already instituted in this Province for the promotion of Literature, Science and Art,
whether incorporated, or not incorporated, by connecting them, for such purposes, with
the said University, all persons shall be admitted as Candidates for the respective Degrees
of Bachelor of Arts, Master of Arts, Bachelor of Laws, or Doctor of Laws, to be con-
ferred by the said University of Toronto, on satisfying the Chancellor, Vice-Chancellor
and Fellows, that such persons have, in any of the Institutions hereinafter mentioned,
completed such course of instruction as the said Chancellor, Vice Chancellor and Fellows
shall, as to the said respective Institutions, by Regulations to be made as aforesaid,
from time to time, determine ; and the Institutions, in which such course of instruction
may be completed, shall be those hereinafter mentioned, that is to say : All Universities
and Colleges in Upper, or Lower, Canada, or in any other part of Her Majesty's
Dominions, empowered to grant Degrees in the Arts and Faculties ; Upper Canada
College, and all other incorporated Colleges in Upper Canada ; all Colleges and Educa-
tional Institutions in connection with the University of London, in England; and also
such other Institutions, corporate, or unincorporated, as now are, or shall hereafter be,
established for the purposes of Education within this Province, or elsewhere within Her
Majesty's Dominions, as the Governor of this Province shall, from time to time,prescribe
to the said Chancellor, Vice-Chancellor and Fellows, under his Hand and Seal-at-arms.
XIX. And, for the purpose of granting the Degrees of Bachelor of Medicine and
Doctor of Medicine, and for the improvement of Medical Education in all its branches,
as well in Medicine as in Surgery, Midwifery and Pharmacy, the said Chancellor, Vice-
Chancellor and Fellows shall, from time to time, report to the Governor of this Province,
through the Provincial Secretary, what appear to them to be the Medical Institutions
and Schools, whether corporate or unincorporated, in this Province, from which, either
singly, or jointly with other Medical Institution and Schools in this Province, or in other
parts of Her Majesty's Dominions, or in Foreign Parts, it may be fit and expedient, in
the judgment of the said Chancellor, Vice Chancellor, and Fellows, to admit Candidates
for the Medical Degrees, and, on approval of such Report by the Governor, shall admit
all persons as Candidates for the respective Degrees of Bachelor of Medicine and Doctor
of Medicine, to be conferred by the said University, on satisfying the said Chancellor,
Vice-Chancellor and Fellows, that such Candidate has therein completed the course of
instruction which they shall, by Regr.lations, in that behalf, determine ; and it shall be
lawful for the said Chancellor, Vice-Chancellor and Fellows, from time to time, with the
approval of the Governor, to vary, alter and amend any such Reports, by striking out
any of the said Institutions, or Schools, included therein, or by adding others thereto.
XX. The said Chancellor, Vice-Chancellor and Fellows shall have power, after
examination, to confer the several Degrees of Bachelor of Arts, Master of Arts, Bachelor
of Laws, Doctor of Laws, Bachelor of Medicine and Doctor of Medicine, and to examine
for Medical Degrees in the four branches of : Medicine, Surgery, Midwifery and Phar-
macy ; and such reasonable fees shall be charged to the Candidates for Degrees, or for
Certificates of Proficiency, as aforesaid, as the Chancellor, Vice-Chancellor and Fellows
shall, by Regulations, or By-laws in that behalf, from time to time, determine.
XXI. At the conclusion of every examination of Candidates for Degrees, the exami-
ners shall declare the name of every Candidate whom they shall deem to be entitled to
any of the said Degrees, and specify the departments'^ of knowledge in which his
proficiency shall have been evinced, and also his proficiency, in relation to other
Candidates, and he shall receive from the Chancellor a Certificate, under the Seal of the
University, and signed by the Chancellor, in which the particulars of proficiency, so
declared, shall be stated.
XXII. At the conclusion of every examination of Candidates for Certificates of
Proficiency, as aforesaid, the Examiners shall, under such Regulations as shall be made
by the Chancellor, Vice-Chancellor and Fellows in that behalf, classify such Cwndidates
according to their degrees of proficiency, and declare such relative proficiency, either by
Certificate to be granted to them respectively, under the Seal or the University, or in,
and by, published lists of the Candidates, to whom such Certificates shall have been
granted.
XXIII. The Regulations to be made, with respect to the literary and scientific
attainments of persons obtaining Degrees, or Certificates of Proficiency, and their exami-
nation shall, in so far as circumstances will, in the opinion of the Chancellor, Vice-
Chancellor and Fellows, permit, be similar to those in force for like purposes in the
University of London, to the end, that the standard of qualification in the University of
Toronto may not be inferior to that adopted for a like Degree, Certificate, or Honour,
in the University of London.
Chap. XXI. EDUCATIONAL PROCEEDINGS OF THE LEGISLATURE OF CANADA. 225
XXIV. The Examiners may be required to take the following oath of office before Examiners to
the Chancellor or Vice-Chancellor :— of^office °**'^
" I SNvear that I will perform mj* duty of Examiner without fear, favor, affection, or partiality, towards
*' any Candidate, and that I will not knowingly allow to any Candidate any advantage which is not equally
" allowed to all. So help me God."
XXV. The present Statutes of the said University shall continue in force, in so far Present Statutes
as they shall not be repugnant to, or inconsistent with, this Act, until they shall be re- ^ remain in
pealed, or altered, in the manner hereb}^ provided, by the Chancellor, Vice-Chancellor ^^^' ^^^^^ '
and Fellows, whose duty it shall be, so soon as conveniently may be, after the passing of
this Act, to revise all the Statutes and Regulations of the said University, so as to make
them harmonize with the provisions of this Act.
XXVI. The said Chancellor, Vice-Chancellor and Fellows may make such Special Regulations
Regulations as to them shall seem just, with regard to the examination of Students who now°matri-^"^*
have matriculated in the said University before the passing of this Act. and with regard culated.
to the completion by them of the described Course of Instruction, but in so far only as
relates to the first Degree to be taken by any such Student after the passing of this Act,
after which they shall be subject to the same Regulations as are other Candidates.
XXVII. The said Chancellor, Vice-Chancellor and Fellows may grant one Degree in One Degree in
Divinity to any person, who, without this Act, would, under the Act (of 1849,) first JJ^^^^f^^g^^.®
mentioned, have been entitled to obtain such Degree, and ma}' make such Regulations as dents who
to them shall seem just, with regard to the examination of such persons and the condi- might have ob-
tion upon which such Degrees shall be obtained ; but no other Degrees in Divinity shall ^^'y^^^^^p"'^^®"'
be conferred by the said University. -. ic . . ...
XXVIII. Until it shall be otherwise ordered by the said Chancellor, Vice-Chancel- Present Profes-
lor and Fellows, the present Professors and Lecturers of the said University shall, upon tinued un^tn"'it
the passing of this Act and, by virtue thereof, be respectively Examiners in the same be otherwise or-
branches of knowledge in which they are now such Professors and Lecturers, and with dered.
the same salaries as they now enjoy and the other Officers and Servants of the said
University shall, in like manner, continue to hold their offices, salaries, and emoluments,
until it be otherwise ordered, as aforesaid.
XXIX. The said Chancellor, Vice-Chancellor and Fellows may authorize and They may be re-
require any of the Examiners to give instruction and Lectures to the Students now histraction'to
matriculated in the said University, during such time as may, in the opinion of the said Students now
Chancellor, Vice-Chancellor and Fellows, be requisite to afford to such Students a fair matriculated,
opportunity of taking one Degree after the passing of this Act ; but no such Examiner,
being now a Professor, or Lecturer, in the said University shall receive for such instruc-
tion, or Lectures, any allowance beyond his present salary.
XXX. The said Chancellor, Vice-Chancellor and Fellows, shall regulate the expenses Affairs of the
of the said University, with as strict a regard to economy as may be consistent with E;o^nom^^^n° ^^
its thorough efficiency, and shall endeavor so to fix the salaries and allowances of the administered.
Examiners and Officers hereafter to be appointed, as that the same may be respectively
fairly proportioned to the extent and importance of the duties assigned to them ; and
all such salaries and allowances shall be fixed by Statute, and no sum exceeding One
Hundred pounds currency, (£100,) shall be expended, or the expenditure thereof
authorized, except by University Statute.
XXXI. The said Chancellor, Vice Chancellor and Fellows, may grant Scholarships, Scholarships or
Exhibitions, Prizes and Rewards to persons who shall distinguish themselves at this granted^o^a^^
Examination, but the same to be expended for such purposes, in any one year, shall not Hmited amount
exceed Five Hundred pounds, (£500, ) and such Scholarships as shall be of the nature
and extent of those next mentioned ; and all such Scholarships, Exhibitions, Prizes and
Rewards shall be granted according to Regulations previously made and published.
XXXII. The Scholarships provided for in the Fiftieth Section of the Act, (of 1849,) ^{;*{*^^.
first mentioned shall hereafter be held to be Scholarships in any of the Institutions in under^secWon 50
Upper Canada in which the Course of Instruction prescribed by the Regulations of the of 12 Vict. c. 82
University may be gone through and completed ; and, to each of such Scholarships, an shall be.
annual stipend shall be attached, payable, (out of the University funds, or by any
County, as the case may be), for such periods, and, on such conditions, as shall be fixed
by the Regulations to be made in that behalf ; and, to any Scholarship granted under
this, or the next preceding Section of this Act, there shall also be attached the
title of " University Scholar."
XXXII f. There shall be paid out of the Income Fund of the said University the Allowance to
sum hereinafter mentioned to the Institution in Upper Canada, (except Upper Canada which^succes^ful
College, which is already endowed out of the Public Lands of that portion of the Prov- candidates for
ince*), in which any person who shall take a Degree in the said University, shall have Degrees or certi-
gone through and completed the course of instruction required by the University, in ^^**'^^^^^*^^*^^
order to enable him to take such Degree, that is to say : If such person take the Degree their course of
of Bachelor of Arts, the sum of Twentj^-five pounds, (£25,) ; Master of Arts, the sum of study.
Forty pounds, (£40,) ; Bachelor of Laws, the sum of Twenty-five pounds, (£25,) ; Doctor
of Laws, the sum of Forty pounds, (£40,) ; Bachelor of Medicine, the sum of Twenty-
five pounds, (£25,); Doctor of Medicine, the sum of Forty pounds, (£40,); to which
* See page 289 of the First Volume of this Documentary History.
15 D.E.
22B
DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA.
1851
sums twenty-five per cent, shall be added, if the person obtaining such Degree shall, at
the same time, take Honours, and a reasonable sum to be fixed by Statute may, in like
manner, be paid to the Institution in Upper Canada, in which any person, who shall
obtain a Certificate of Proficiency shall have gone through and completed the course of
instruction required by the Regulations to be made in that behalf.
XXXIV. The expenditure authorized by the three next preceding Sections of this
Act shall form part of the sixth charge on the Income Fund of the said University, and
the order of precedence, in which any of them shall be paid, if the amount of the said
Expenditure
under 3 next
preceding? sec
tions to be part
University
funds.
No Professor-
ships &c. to be
founded under
sections 6 and 7
of 13 & 14 Vict,
c. 49.
Endowment
Board not to be
affected.
Condition as to
its Members.
Exceptions.
of 6th charge on fund be not in any year sufficient to meet the whole, may be fixed by the Statute, or it
may be provided, that, in such case, a proportionate amount only shall be paid on
account of the whole, or of any portion, of such expenditure.
XXXV. No Professorships, or Fellowships, in the said University shall be founded
under the Sixth and Seventh Sections of the Act (of 1850,) secondly above mentioned,
and the Scholarships, therein referred to, shall hereinafter be held to be such Scholar-
ships as are hereinbefore mentioned.
XXXVI. The constitution and duties of the Endowment Board shall not be affected
by this Act, except that the Member thereof, appointed by the Caput of the said Uni-
versity, shall go out of office on the passing of this Act, and shall be replaced by a.
Member, who shall be appointed by the Chancellor, Vice-Chancellor and Fellows of the
said University, and who shall hold his office during their pleasure, as shall also the
other Member appointed by the Senate.
June 6th, 1851. Pursuant to the Order of the Day, the following Petition was read : — Of
Mr. George S. Tiffany and others ; praying the passing of an Act to incorporate the Burlington
Ladies' Academy at the City of Hamilton.
Ordered that the Petition of Mr. George S. Tiffany, and others, be referred to the Standing
Committee on Standing Orders.
Ju7ie 9th, 1851. — Pursuant to the Order of the Day, the following Petition was read : Of
the Right Reverend John Strachan, Lord Bishop of Toronto, on behalf of the Clergy and
Laity of the Diocese of Toronto, in Conference assembled at Toronto ; praying for the establish-
ment of Separate Common Schools for the use of the children of Members of the Church of
England.
The Honourable Henry Sherwood, from the Committee on Standing Orders, reported with
respect to the Petition of Mr. George S. Tiffany, and others, that notice was not requisite, as.
the Petitioners did not seek to obtain any exclusive rights, or privileges, or any powers that
would tend to interfere with the rights of other parties.
Ordered, that Sir Allan Napier Macnab have leave to bring in a Bill to incorporate Trinity
College. He accordingly presented the Bill to the House, and the same was received and read,
for the first time ; and ordered to be read a second time on Wednesday next.
The following is a copy of this Bill, intituled : —
" An Act to Incorporate Trinity College, Toronto."
Whereas it has been represented to the Legislature of this Province, that divers
inhabitants of the said Province have- used their efforts to establish a College in
connection with the United Church of England and Ireland, in the City of Toronto,
under the style and title of Trinity College, and are engaged in erecting and establishing
the same ; and,
Whereas it would tend greatly to advance and extend the influence of the
said College, and to promote the purpose for which it was established, that it should be
incorporated : —
Be it therefore enacted, and so forth.
I. That there shall be, and there is hereby constituted and established at the City
of Toronto, a body politic and corporate, under the name of Trinity College which
corooration shall consist of, —
Firstly, The Lord Bishop of Toronto, or, in case of the division of the said Diocese
then the Bishops of any Dioceses into which the Diocese of Toronto may hereafter
be divided. "^
Secondly, The Trustees of the said Trinity College, and,
Thirdly The College Council of the said Trinity College, not less than three in
number ; which said Trustees and Members of the said College Council shall be named
m the first instance, by the Lord Bishop of Toronto, and shall, in the event of their
death, removal from the Province, dismissal from office, or resignation, be replaced bv
other persons, to be named in like manner, or in such other manner as mav. from time to
time, be directed by any Statute of the said College to be passed for that purpose, and
so on continually for ever. f t ° > ^-"^
Preamble.
Corporation of
Trinity College
established :
of whom to
consist.
Chap. XXI. EDUCATIONAL PROCEEDINGS OF TEE LEGISLATURE OF CANADA. 227
II. And be it enacted, That said Corporation shall have perpetual succession, and Coqiorate
may have a Common Seal, with power to change, alter, break, or renew the same when Powere-
and as often as they shall think proper ; and the said Corporation may, under the same
name, contract and be contracted with, sue and be sued, implead and be impleaded
prosecute and be prosecuted, in all Courts and places whatsoever in this Province, and Statutes
shall have full power to make and establish such and so many Rules, Orders and
Regulations, (not being contrary to the Laws of the Country, or this Act,) as they shall
deem useful, or necessary, as well concerning the system of education in, as for the
conduct and government of, the said College, and of any other Institution, or School,
connected with, or dependent on the same, and of the Corporation thereof, and for the
superintendence, advantage and improvement ot all the property moveable, or immove- Property,
able, belonging to, or which shall hereafter belong to the said Corporation ; and shall
have power to take, under any legal title whatsoever, and to hold for the said College,
without any further authority, license, or letters of mortmain, all land and property
moveable and immoveable, which may hereafter be sold, ceded, exchanger!, given,
bequeathed, or granted, to the said Corporation, or to sell, alienate, convey,' let, or
lease, the same, if need be. And the said Corporation shall further have the right of Appointing
appointing an attorney, or attorneys, for the management of its affairs, and generally Attorneys,
shall enjoy all the rights and privileges enjoyed by other Bodies politic and corporate, General Powers,
recognized by the Legislature :— Provided always, that no Rule, Order, or Regulation, Proviso :
which shall be made and established by the said Corporation, in manner aforesaid, shall ^^t^^^^fl^ ^^
be of any force, or effect, until the same shall have been sanctioned and confirmed by the approval of
said Lord Bishop, or Bishops, as aforesaid. Bishop.
III. And he it enacted, That all the property which shall, at any time, belong to the To what
said Corporation, as well as the revenues thereof, shall, at all times, be exclusively purposes
applied and appropriated to the advancement of education in the said College, or in any 5*^°^ ^'t^ i^*^^
other Institution, or School, connected with, or dependent on, the same, and to no other ^ ^^^ ^ "
object, institution, or establishment, whatever.
IV. And he it enacted. That this Act shall be considered a public Act, by all Judges, public Act.
Justices of the Peace, and Officers of Justice, and by all other persons whomsoever, and
shall be judicially taken notice of, without being specially pleaded.
V. And he it enacted. That this Act shall not extend to weaken, diminish, or Rights of the
extinguish the rights and privileges of Her Majesty, Her Heirs and Successors, nor of Crown, and so
any other person, or persons, Body politic, or corporate, excepting only such rights as *o*"t^h» saved,
are hereby expressly altered, or extinguished.
Ordered^ that the Honourable Henry John Boulton have leave to bring in a Bill to incor-
porate the Toronto School of Medicine. He accordingly presented the said Bill to the House,
and the same was received and read for the first time ; and ordered to be read a second time on
Wednesday, the eighteenth instant.
June 13th, 1851. Pursuant to the Order of the Day, the following Petitions were read :
(1), Of the Reverend I. B. Howard, Chairman, on behalf of the Board of Common School
Trustees of the Town of Peterborough, praying lor the passing of an Act to make more
effectual provision for the maintenance of Grammar Schools in Upper Canada ; (2), Of the
Municipal Council of the Town of Guelph, praying for the appropriation of the Clergy Reserve
and Rectory Lands to purposes of Education,
it was, —
June 16th, 1851. On motion of Mr. William Lyon Mackenzie, seconded by Mr. James Hall,
Resolved, that an humble Address be presented to His Excellency the Governor General,
praying that he will be pleased to cause the proper OflScer to lay before this House, copies of all
Reports made, in duplicate, to His Excellency by the Endowment Board of the University of
Toronto, and of the Upper Canada College and Royal Grammar School, and by the Auditors of
accounts of those Institutions, in compliance with the Provisions contained in Sections Twenty-
two and Twenty-three, and Fifty-nine and Sixty, of the University Act of 1849, shewing the
State of the Property and Effects, and generally of the fiscal, or financial, affairs of the said
University, and of Upper Canada College and Royal Grammar School, since they were
established upon pnnciples : ''To conciliate the confidence and ensure the support of all
classes and Denominations of Her Majesty's Subjects;" also, copies of all Annual Reports
made by the Principal of Upper Canada College and the Royal Grammar School, shewing their
condition and progress, under the authority of Section Fifty-five of the said Act, or so much of
the said copies of Reports as may have been received by the Government.
Ordered, That the said Address be presented to His Excellency the Governor General by
such Members of this House as are of the Honourable the Executive Council of this Province.
June 17th, 1851. Ordered that Mr. James Smith have leave to bring in a Bill to repeal the
provision Limiting the Distance Between the County Town and any additional Grammar
School in the same County, in Upper Canada. He accordingly presented the said Bill to the
House, and the same was received and read for the first time ; and ordered to be read a second
time on Thursday next.
228 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1851
June ISthy 1851. On motion of the Honourable Henry John Boulton, seconded by Mr.
Robert Christie, it was, —
Resolved, That an humble Address be presented to His Excellency the Governor General,
]»raying His Excellency to cause to be laid before this House, a Tabular Return of the
Professors and other Persons who received salaries, or other emoluments, from the late
University of King's College ; and of the Professors and other Persons receiving from, or to
whom salaries have been assigned in the University of Toronto, up to the present time ;
distinguishing in each year the amount of their respective salaries and emoluments ; the number
of Students attending each course of Lectures ; and whether such Students have been matri-
culated, or not ; the fees charged to each Student ; the number of Lectures delivered each week
by each Professor ; and the number of attendants at each Lecture ; the annual income of the
University, and whether any, and what, part of the University Endowment has been applied to
the annual expenses ; and during what years has any part of the Endowment been so applied ;
and what Pensioners are paid out of the funds of the University.
Ordered, That the said Address be presented to His Excellency the Governor General by
such Members of this House as are of the Honourable the Executive Council of this Province.
Jutie 20 hy 1851. Pursuant to the Order of the Day, the following Petitions were read : —
(1), Of the University of Queen's College at Kingston, praying that a grant be made to the
Grammar School established in connection with the said University, called *' Queen's College
School," similar to that made to the High Schools of Montreal and Quebec ; (2), Of the
University of Queen's College at Kingston, praying for a grant in aid of the Endowment of the
said University ; (3), Of Mr. Michael Brennan and others, Roman Catholics, of the Town <»f
Belleville, praying for the Amendment of the Nineteenth Section of the Common School Act of
1850, so as to provide more eflfectually for Separate Schools in certain cases.
June S5ihy 1851. Pursuant to the Order of the Day, the following Petitions were read :—
(1), Of Mr. John Neilson and others, of the Townships of Walpole and Rainham, representing
the insufficiency of the present provision for the support of Common Schools in Upper Canada,
and praying that the proceeds of the Clergy Reserves may be applied to purposes of Education ;
(2), Of Mr. James W. Fell and others, of the Village of Chippewa, praying for the adoption of
measures for the immediate and final appropriation of the funds arising from the Clergy
Reserves to purposes of General Education ; (3), Of the Municipality of the Township of
Willoughby, praying for an investigation into the establishment of the Rectories, and for the
final appropriation of the Rectories and Clergy Reserve Lands to purposes of General Education.
A Message from the Legislative Council, by John Fennings Taylor, Esquire, one of the
Masters in Chancery, was received, as follows : —
Mr. Speaker,
The Legislative Council have passed a Bill, intituled: "An Act to Incorporate the
Burlington Ladies' Academy," to which they desire the concurrence of this House ; and also,
the Legislative Council have passed a Bill, intituled: "An Act to Incorporate the Toronto
School of Medicine,'* to which they desire the concurrence of this House.
Toronto, June 25th, 1851. Ren^ E. Caron, Speaker.
An engrossed Bill from the Legislative Council, intituled : " An Act to Incorporate the
Burlington Ladies' Academy", was read the first time ; also an engrossed Bill from the Legis-
lative Council, intituled : "An Act to Incorporate the Toronto School of Medicine," was read
the first time.
On motion of the Honourable Henry John Boulton, seconded by Mr. George Sherwood of
Brockville, it was,
Ordered, That the said Bill be read a second time to-morrow.
On motion of Sir Allan N. Macnab, seconded by Doctor Harmannus Smith, It was,
Ordered, That the engrossed Bill from the Legislative Council, intituled : " An Act to
Incorporate the Burlington Ladies' Academy," be read a second time to-morrow.
The order of the Day for the second Reading of the Bill to Incorporate Trinity College,
Toronto, being read ; The Bill was accordingly read a second time, and referred to the Standing
Committee on Miscellaneous Private Bills.
June 26th, 1851. On motion of Mr. William H Boulton seconded by Mr. David B.
Stevenson, and
Resolved, That an humble Address be presented to His Excellency the Governor General,
praying that he will cause to be laid before this House, a Return, showing the annual sum
payable under the provisions of the Act, 13th and 14th Victoria, Chapter 68, for Interest on all
Debentures issued on account of the Normal and Model Schools (and Education Offices) at
Toronto, now outstanding.
Chap. XXL EDUCATIONAL PROCEEDINGS OF THE LEGISLATURE OF CANADA. 229
Ordered, That the said Address be presented to His Excellency the Governor General by
such Members of this House as are of the Honourable the Executive Council of this Province.
June 27th, 1851. Pursuant to the Order of the Day, the following Petition was read : Of
Mr. Charles P. Treadwell, of L'Orignal, County of Prescott, praying for the appropriation of a
sufficient sum of money to purchase for each Member of both Branches of the Legislature, one
set of Holbrook's School Apparatus, to be by them presented to the best Model, or Grammar,
School in their respective Counties, Towns, or Cities.
Ordered, That the Bill to Incorporate Trinity College, Toronto, as reported from the
Standing Committee on Miscellaneous Private Bills, be committed to a Committee of the whole
House, for Monday next.
June SOth, 1851. The Order of the Day for the second Reading of the Honourable Henry
Sherwood's Bill to amend the Charter of the University of Toronto, being read, it was,
Ordered, That the Bill be read a second time on Wednesday next.
July 2nd., 1851. Pursuant to the Order of the Day, the following Petition was read : Of
the Municipal Council of the United Counties of Leeds and Grenville, praying for a certain
amendment to the Common School Act of 1850.
And the Order of the Day for the second Reading of the Bill to Incorporate the Toronto
School of Medicine, being read, it was.
Ordered, That the Bill be read a second time on Wednesday next.
The Order of the Day for the second Reading of the engrossed Bill froth the Legislative
Council : intituled : " An Act to Incorporate the Toronto School of Medicine", being read ; the
Bill was accordingly read a second time ; and referred to the Standing Committee on Miscellaneous
Private Bills.
July 3rd, 1851. Pursuant to the Order of the Day, the following Petitions were read : (1),
Of Mr. James Carpenter and others of the Village and vicinity of Demorestville, County of
Prince Edward, praying that the number of Pupils required by Ijaw to be in attendance at the
Grammar School in the said Village may be reduced : (2), Of the Municipality of the Township
of Crowland, praying that the Rectory and Clergy Reserve Lands may be appropriated to pur-
poses of General Education.
July 7th, i551.— Pursuant to the Order of the Day, a Petition was read ; Of the Municipal
Council of the County of York ; praying for certain amendments to the Common School Act of
1850, as follows :—
To THE Honourable the Legislative Assembly of the Province of Canada.
The Petition of the Municipal Council of the County of York, Respectfully Sheweth :
1. That the position which the Members of this Council occupy, in regard to the educational
interests of their constituents, has enabled your Petitioners to observe, with attention, the results
consequent upon the introduction of the Statute, 13th and 14th Victoria, Chapter 48, which is the
Common School Act of 1850, now in operation. In so doing, it is with regret that your Petitioners
find that several of its provisions, although evidently intended to have been beneficial, practically
obstruct its legitimate operation, and detract from its general and due appreciation.
2. With a view to conduce to the removal of the difficulties above referred to, your Petitioners
beg leave to submit to the serious consideration of your Honourable House, the following suggestions;
and, in so doing, would firstly refer to the Twenty-eighth Section of the said Act, under which pro-
vision the County has to bear the whole expense attendant upon the examination of Teachers, from
which, Cities situated within the limits of School Circuits, (as an instance the City of Toronto,; derive
a proportionate benefit. Your Petitioners would, in such cases, pray your Honourable House to make
it imperative upon such Cities to pay a just proportion of the expenses thus incurred in providing
Teachers for such School Circuits.
3. Your Petitioners would likewise respectfully submit to your Honourable House the considera-
tion, whether the Local Superintendents generally, would not, in all probability, be induced to dis-
charge their duties with greater zeal and assiduity, were their tenure of office made depenxlent upon
the pleasure of the County Councils, rather than subject to an annual appointment by those Uodies,
pursuant to, the Twenty-seventh Section, sub-section three of the said Act.
4. Your Petitioners also feel desirous that the mode of distribution of the School Fund to the
several School Sections should be in accordance with that prescribed by the Thirteenth Section ottne
repealed Act of 1846, 9th Victoria, Chapter Twenty*, that is, according to the number of children
between the ages of 5 and 16 years, inhabiting such Sections, as compared with the number ot such
children within any Township, and not according to the average attendance in the Schools, as provided
in the present Act of 1850.
5. But the primary object to which your Petitioners would humblv desire to invite the serious
consideration of Your Honourable House, is the provision for the estabhshment of Separate Schools
*A copy of this Act is printed on pages 59-70 of the Sixth Volume of this Documentary History.
230 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA, 1851
for Roman Catholics in Protestant localities, by Section Nineteenth of the same Act of 1850. This
provision, Your Petitioners humbly, but most decidedly, deprecate, as injurious and baneful in the
extreme to the otherwise progressively harmonising effects of generally diffused Education. If, as
Your Petitioners most respectfully submit, such concessions oe consonant with, and due to those
classes, all other Christian Denominations will probably apply for, and reasonably expect, to be
invested with like privileges, and, in the event of concurrence therewith, the result, in the opinion of
Y'our Petitioners, would be the prostration of the Education of the people at the shrine of Religious
sectarianism, in the first place; the fostering and dissemination of unamiable feelings in society, arising
from the early separation, and consequent enstrangement, of the youth of the Country, in the second
place ; and thirdly, the exhibition of Common School Education,— not in a position in which it is
appreciated on its own intrinsic merits alone, but as estimated chiefly, or merely, as a means to conduce
to the prevalence, or propogation, of the peculiar tenets, or opinions, of contending, or discordant
sects, or imaginary divided interests, inducing, in the end, a state of things which, by causing depre-
ciation in the value now beginning to be set on public Education in the mind of the community, would
eventually dissipate, or destroy, the bright prospects of amelioration in the carrying out of this great
object, which has been so earnestly and anxiously anticipated by the Country.
6. In conclusion, Y'our Petitioners assure your Honourable House, that, in the event of your
concurrence in the views and objects hereinbefore recited, a proportionate degree of satisfaction would
be induced, which would materially diminish the effects of any influence which might, at any time,
be exerted, adverse to the interests of the important subject of this Petition, — the education of the
community. And Your Petitioners, as in duty bound, will ever pray.
Toronto, 24th June, 1851. Franklin Jackes, Warden, County of York.
Jidy 9th, 1851. Pursuant to the Order of the Day, the following Petition was read : Of
the Municipality of the Township of Pelham, praying for the abolition of the Rectories and the
sale of the Clergy Reserves, and that the proceeds thereof be appropriated to purposes of Gen-
eral Education.
The Order of the Day for the Second Reading of the Bill to Incorporate the Toronto School
of Medicine, being read ; it was, —
Ordered, that the Bill be read a second time on Wednesday next.
The Order of the Day for the second Reading of the engrossed Bill from the Legislative
Council, intituled, '-An Act to Incorporate the Burlington Ladies' Academy," being read, the
Bill was accordingly read a second time ; and referred to the Standing Committee on Miscellan-
eous Private Bills.
The Order of the Day for the House in Committee on the Bill to Incorporate Trinity
College, Toronto, being read, the House accordingly resolved itself into the said Committee.
Mr. Wolfred Nelson took the chair of the Committee ; and, after some time spent therin, Mr.
Speaker resumed the Chair ; and Mr. Nelson reported, That the Committee had gone through
theBill, and made amendments thereunto. It was then, —
Ordered that the Report be received to-morrow.
July 10th, 1851. On motion of Mr. Willi*m H. Boulton, seconded by Mr. John McConnell,
it was
Resolved. That an humble Address be presented to His Excellency the Governor General*
praying His Excellency to cause to be laid before this House, a Return of the affiairs of Queen's.
Regiopolis and Victoria Colles<es, from the first of January, 1848, to the first of January, 1851,
shewing the names of the Officers of each Institution, with the date of their several appointments:
the Salary attached to each Office, and the period up to which such salary has been paid ; the
number of Pupils in attendance at each of the said Institutions, during the same period, on the
first days of January and July in each year ; and the average amount paid by each Pupil ai.nu-
ally for Education, exclusive of board and lodging ; and also a similar Return where board and
lodging is included.
Ordered, That the said Address be presented to His Excellency the Governor General by
such Members of this House as are of the Executive Council of this Province.
July 11th, 1851. The Order of the Day for receiving the Report of the Committee of the
whole House on the Bill to Incorporate Trinity College, being read. Sir Allan N. Macnab
moved, seconded by the Honourable John A. Macdonald, and the Question being proposed.
That this Report be now received ; The Honourable Francis Hincks moved in amendment to
the Question, seconded by the Honourable James Harvey Price, That all the words after ' 'That,"
to the end of the Question be left out, in order to add the words : *'the Bill be now recommitt-
ed for the purpose of leaving out the words: 'and of any other Institution or,' in the Second Sec-
tion, and inserting the words : 'and of a preparatory ' instead thereof ; and of leaving out the
words : "or any other Institution or,' in the Third Section, and inserting the words : 'a prepara-
ory' instead thereof :"
And the Question beinj? put on the Amendment, it was resolved in the Affirmative.
Ohap. XXL EDUCATIONAL PROCEEDINGS OF THE LEGISLATURE (^F CANADA. 231
Then the main Question, so amended, being put ; it was, —
Resolved, That the Bill be now recommitted for the purpose of leaving out the words : "and
of any Institution or," in the Second Section, and inserting the words : "and of a preparatory"
instead thereof ; and of leaving out the words : "or any other Institution or," in the Ihird Sec-
tion, and inserting the words : "a preparatory" instead thereof. The House accordingly resolved
itself into the said Committee. Mr. Wolfred Nelson took the chair of the Committee ; and after
some time spent therein, Mr. Speaker resumed the Chair ; And Mr. Nelson reported, That the
Oommittee had gone through the Bill, and made further Amendments thereunto, and the Ques-
tion being proposed. That the Report be now received ; the Honourable Robert Baldwin moved
in amendment to the Question, seconded by Sir Allan N. Macnab, That all the words after
*That," to the end of the Question be left out, in order to add the words : "the Bill be now
again recommitted for the purpose of leaving out the words : 'and generally shall enjoy all the
rights and privileges enjoyed by other Bodies, politic and corporate, recognized by the Legisla-
ture,' and inserting the words : 'and all other rights necessarily incident to a Body corporate,'
instead thereof ;" And the Question being put on the Amendment, it was resolved in the
Affirmative. Then the main Question, so amended, being put, it was, —
Resolved^ That the Bill be now again recommitted for the purpose of leaving out the words :
" and generally shall enjoy all the rights and privileges enjoyed by other Bodies politic and cor-
porate, recognized by the Legislature," and inserting the words : "a 1 other rights necessarily
incident to a Body corporate " instead thereof. The House accordingly again resolved itself into
the said Committee, Mr. Wolfred Nelson took the chair of the Committee ; and after some time
spent therein, Mr. Speaker resumed the Chair ; and Mr. Nelson reported, That the Committee
had gone through the Bill and made another amendment thereunto. Then the Question being
proposed, That the Report be now received Mr. William Lyon Mackenzie moved in amendment
to the Question, seconded by Mr. Caleb Hopkins, That all the words after "That,' to the end of
the Question be left out, in order to add the words : " the Bill be now again recommitted for the
purpose of leaving out the words : ' or letters of Mortmain ' , in the second Clause thereof ; "
And the Question being put on the Amendment; the House divided, And it passed in the
Negative. The Question being again put. That the Report be now received ; the House divided :
and the names being called for, and they were taken down, as follow : —
Yeas— Messieurs David M. Armstrong, William Badgley, Robert Baldwin, Robert Bell,
Henry J. Boulton, William H. Bou'ton, Thomas Boutillier, Read Burritt, George E. Cartier,
Joseph Cauchon, Jean Chabot, Robert Christie, John P. Crysler, Pierre Davignon, Louis T.
Drummond, A. J. Duchesnay, Thomas Fortier, Charles F. Fournier, M. Fourquin, Louis Guil-
let, James HaJl, Francis Hincks, Benjamin Holmes, Andre Jobin, Thomas H. Johnston, Joseph
Laurin, M. P. Le Sales Letellier, George B. Lyon, John S. Macdonald, John A. Macdonald,
Sir Allan Napier Macnab, Edward Malloch, John McConnell, Alexander Mc Lean, William H.
Merritt, Francois X. Methot, Adam H. Meyers, Jean B. Mongenais, Wolfred Nelson, Louis J.
Papineau, Antoine Polette, James H. Price, William B. Richards. William B. Robinson,
Tancrede Sauvageau, John Scott, William H. Scott, Benjamin Seymour, George Sherwood,
Henry Sherwood, James Smith, Henry Smith, Harmannus Smith, David B. Stevenson, Joseph
C. Tache and L. M. Viger : 56.
Nays— Messieurs Caleb Hopkins and William L. Mackenzie : 2.
So it was resolved in the Affirmative.
Mr. Nelson reported the Bill accordingly ; and the Amendments were read.
Sir Allan N. Macnab moved, seconded by the Honourable John A. Macdonald, and the
Question being proposed. That the amendments be now read a second time ;
Mr. William Lyon Mackenzie moved, in amendment to the Question, seconded by Mr. Caleb
Hopkins, that all the words after " That," to the end of the Question, be left out in order to add
the words : " inasmuch as the United Church of England and Ireland has heretofore been, and
now is. arrayed against the people of Upper Canada in their long continued efforts for equal
Civil and Religious rights, for the supremacy of Religion over Government control, for the
abolition of the Rectories, and the appropriation of the Clergy Reserves to General Education ;
and, as Bills are now before this House, intended to give to that Church extraordinary powers,
rights and privileges, denied to all Denominations, and virtually recognizing its establishment by
the State, in this Province, it is dangerous and inexpedient to fortify and strengthen the
said Church in its hostility to the rights of others, and to the liberty of the Country, by granting
its request for the special incorporation of an enclusive Sectarian College for itself, instead
thereof :
And a Debate arising thereupon; and Mr. Mackenzie arising to address the House a
second time on the Question, objection was made thereto. On motion of Mr. WiUian JNotman,
seconded by Mr. Thomas H. Johnson, it was, —
Ordered, That Mr. William L. Mackenzie have leave to be again heard on the Question.
232 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1851
Mr. Mackenzie then again spoke to the Question, and the Question being put on the
Amendment ; the House divided ; and the names being called for, they were taken down as
follows : —
Yeas. — Messieurs Caleb Hopkins, and William L. Mackenzie : 2 So it passed in the
negative. Then the main Question being put, it was resolved in the aflBrmative. And the
amendments being read a second time, were agreed to. It was then, —
Ordered, That the Bill, with the Amendments, be engrossed, and read the third time on
Monday next.
Jidy 15th, 1851.— The Order of the Day for the third Reading of the engrossed Bill to
Incorporate Trinity College, being read, Sir Allan N. Macnab moved, seconded by the Honeur-
able William Badgley, and the Question being put, that the Bill be now read the third time ;
the House divided : and the names being called for, they were taken down, as follows : —
Nays. — Messieurs Caleb Hopkins, and William Lyon Mackenzie : 2. So it was resol-
ved in the aflSrmative. The Bill was accordingly read the third time. It was then, —
Resolved, That the Bill do pass. It was also, —
Ordered, That Sir Allan N . Macnab do carry the Bill to the Legislative Council, and desire
their concurrence.
July 16th, 1851. — Pursuant to the Order of the Day, the following Petitions were read :
(1), Of the Very Reverend Archdeacon Stuart and others, Trustees of the Midland District School
Society, of Kingston, praying aid for the erection and maintenance of a School House in the
City of Kingston : (2), of the Municipal Council of the County of Oxford, praying that the funds
arising from the Clergy Reserves and Rectories may be applied to Common School purposes.
Jidy 18th, 1851.— Ordered, that the engrossed Bill from the Legislative Council, intituled :
** An Act to Incorporate the Toronto School ot Medicine." as reported from the Standing Com-
mittee on Miscellaneous Private Bills, be committed to a Committee of the whole House for
Monday next.
A Message from the Legislative Council, by John Fennings Taylor, Esquire, one of the
Masters in Chancery, was read as follows :- -
Mr. Speaker,
The Legislative Council have passed the Bill, intituled : " An Act to Incorporate Trinity
College," without any Amendment.
Toronto, July 18th, 1851. Ren^ E. Caron, Speaker.
Jvly 21st, 1851.— Ordered, That the engrossed Bill from the Legislative Council, intituled :
*' An Act to Incorporate the Burlinsrton Ladies' Academy," as reported from the Standing
Committee on Miscellaneous Private Bills, be committed to a Committee of the whole House,
for To-morrow.
July 23rd, 1851 .—Ordered, That Mr. William H. Boulton have leave to bring in a Bill to
amend the Charter of the University of Toronto, and to constitute an University of Upper
Canada in lieu thereof. He accordingly presented the said Bill to the House, and the same
was received and read for the lirst time ; and ordered to be read a second time on Monday
next.*
The folio wing is a copy of this Bill : —
Bill : An Act to Amend the Charter of the University of Toronto and to
Constitute " The UNivERSiTy of Upper Canada " in lieu thereof.
Whereas it is expedient that there should be a University in Upper Canada so con-
stituted as to aflFord to all Denominations and classes of Her Majesty's subjects, without
favouritism the means of obtaining those distinctions and evidences of proficiency in the
Arts, Faculties and Sciences and in the variojis branches of a liberal Academical Educa-
tion, to which their respective attainments may entitle them ; and, —
Whereas experience hath shewn that the principles embodied in Her Majesty's
Royal Charter to the University of London in England, are well adapted to promote the
attamment of the objects aforesaid, and would be acceptable to all classes of Her
Majesty s subjects m this Province : Be it therefore enacted, etcetera.
Unhereitv ^^ p • That so much of the Act (of 1849), passed in the Twelfth Year of Her Majesty's
Act of 1840 and *^^l?"' mtituled :
♦u V "^".u^* *° Amend the Charter of the University established at Toronto by His Majesty Kins Geonre
the Fourth, ^provide for the more satisfactory government of the said Univereity, and for other lurSf
^SSS??hereof!" ' "*"'' *""* """'^ *^' ^^P"'' ^*"^* ^'°""^" *"^ ^^^^ Grammar'Schll for^YnHrAp!
Act of 1849 and
the Charter
therein referred
agai;™loye"thrHS,se of As^mb^"'^"'^ "''" "^"' '"^ * «^""^ ^^*^'"^' ^"^ -^ -'Gently dropped, as it did not come
t A copy of this Act will be found on pages 147-166 of the Eighth Volume of this Documentary History.
Chap. XXI. EDUCATIONAL PROCEEDINGS OF THE LEGISLATURE OF CANADA.
233
or of the Royal Charter therein referred to, as confers the power of granting Degrees in the
Faculties of Arts, Law and Medicine on the Corporation therein mentioned and stjded :
" The Chancellor, Masters and Scholars of the University of Toronto," and all such parts
of the said Act, or Charter, as are inconsistent with anything in this Act contained,
shall be, and the same are hereby repealed ; and that the said Corporation shall hence-
forth be called : " University College," and shall continue to be a Body Corporate, with
such collegiate powers and privileges as are conferred upon it by those portions of the
said Charter and Act, which remain in force after the passing of this Act ; and neither
such change of name, nor anything in this Act, shall be construed to make the said Col-
lege a new Corporation, or to cause any action, or suit, or proceeding, in Law, or Equity,
to which the said College may be a party, to cease, or be discontinued, but the same m&y
be continued upon the suggestion of the passing of this Act, by, against, or with regard
to the said College, by the corporate name hereby assigned to it, and that nothing in
this Act shall be construed to apply to any portion of the Endowment of the said College,
other than such as may be necessary for defraying the expenses of management of the
University hereinafter constituted, or so alter, change, or vary, the present provision
made for the government, or management, of its funds :
Provided always, that nothing in this Act shall be taken to destroy the powers, or
action, of the Senate of the Corporation aforesaid, hereafter to be called : " University
College," except only in so far as such powers shall be inconsistent with this Act, but
that the said Senate shall continue to exist under the title of : " the Council of Univer-
sity College," to be constituted in the manner hereinafter provided, and the Members
thereof shall be appointed in the same manner and hold their seats respectively for the
same term as prior to the passing of this Act, except in so far as it is herein otherwise
provided ; nor shall the seat of any Member of the Senate be vacated by the mere pass-
ing of this Act ; and
Provided also, that the said College shall not be entitled to receive, or charge, fees
for Degrees to be granted by the University hereinafter constituted, and the Scholarships
endowed by the College, or any County, or Counties, of Upper Canada shall, as in the
manner hereinafter ordered, be open to the competition of all persons in Upper Canada.
IL And, for the payment of the expenses of the management of the University
hereinafter constituted.
Be it enacted. That there shall be paid and applied yearly, out of the income of the
Endowment of University College aforesaid, a sum of money adequate for the purpose,
and the same is hereby made an annual charge on the said income ; but such annual
payment shall not exceed the sum of Five hundred pounds, (£500,) and such payment
shall cease at any time that such expenses of management may be provided for out of
Provincial funds.
III. And whereas it is expedient to make provision for the re-constitution of the
Senate of University College,
Be it enacted, That there shall be in the said " University College " a deliberative
body to be called : " The Council of University College," which shall consist of the
President and all the Professors of the said University College, and of six additional
Members, who shall be appointed to seats in the said Council by the Crown, and such
Council shall have, and exercise, such rights, powers and authority in the said " Univer-
sity (College," as in and by the hereinbefore recited Act, (of 1849,) the Senate of the Uni-
versity of Toronto had and exercised under the said Act, in the said University of
Toronto, save and except, where any of such rights, powers and authority may be
abolished, or restricted, by this Act.
Provided that no person shall be appointed by the Crown to a seat in the said
Council who could not, under the said recited Act (of 1849,) be appointed to a seat in
the Senate of the said University of Toronto.
IV. And be it enacted, That there shall be at the City of Toronto, in Upper Canada,
a University to be called " The University of Upper Canada," which shall be a Body
Corporate and politic, and shall have perpetual succession and a Common Seal, and such
other corporate powers as may be necessary to the exercise of the authority hereby
vested in it, put shall not have the power of holding property, real, or personal ; and
the said University shall consist of one Chancellor, one Vice-Chancellor, one Pro-Vice-
Chancellor, and such number of Fellows as the Governor of this Province, shall, from
time to time, appoint under his Hand and Seal-at-arms, and as shall be appointed by
the Senate under the power hereinafter contained ; and the Governor of this Province
shall be the Visitor of the said University.
V. The Chancellor, Vice-Chancellor Pro-Vice-Chancellor and Fellows, for the time
being, shall constitute the Senate of the said University ; and the Chancellor shall be
appointed by the Governor in the manner aforesaid, and shall continue to hold office for
three years ; but no Minister, Ecclesiastic, or Religious Teacher, shall, at any time, be
appointed Chancellor.
VI. Whenever a vacancy shall occur by death, or otherwise, in the Office of
Chancellor of the said University, the Governor shall nominate and appoint a fit and
proper person to be Chancellor, in the stead and place of the one occasioning such
vacancy.
to be repeale
in so far as is
consistent with
this Act.
New Corpora-
tion : University
College.
Proviso.
Proviso.
Allowance out
of College funds
to defray the
expenses of the
University.
Constitution
of the Council
(heretofore
called the
Senate) of the
College.
Proviso.
University of
Upper Canada
Constituted.
Senate
Constituted.
Vacancy in
the office of
Chancellor.
234
DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA.
1851
Pro- Vice-
chancellor
Election of Vice- VII. The offices of Vice-Chaifcellor and Pro-Vice-Chancellor of the said University
Chancellor and gy^g^jj ^^ annual ones ; and the Members of the Senate shall, at a meeting to be holden
by them for that purpose, and of which due notice shall be given, elect some one of the
Fellows of the said University to be Vice-Chancellor, and another to be Pro-Vice-
Chancellor, who shall hold their offices for one year from the time of their election, and
the Members of the Senate shall, at a meeting to be holden for that purpose, on some
day within a month before the expiration of the tenure of the said office, of which
meeting due notice shall be given, elect some one of the Fellows of the said University
to be Vice-Chancellor, and another to be Pro-Vice-Chancellor, and so, from time to time,
annually ; or, in case of the death, resignation, or other avoidance, of the office of any
such Vice-Chancellor, or Pro-Vice-Chancellor, before the expiration of his year of office,
shall, at a meeting to be holden by them for that pui pose, as soon as conveniently may
be, of which due notice shall be given, elect one, or other, of the said Fellows to be Vice-
Chancellor, or Pro- Vice-Chancellor, for the remainder of the year in which such death,
resignation, or other avoidance of such office, shall happen.
vacanciesYmonff VIII. If at any time, by death, or otherwise, the number of Fellows shall be reduced
Fellows when below the number of Twenty-four, exclusive of the Chancellor, Vice-Chancellor and Pro-
their number is Vice-Chancellor, for the time being, there, and in such case, and as often as the same
shall happen, the Members of the Senate shall, as soon as conveniently may be, at a
meeting to be holden for that purpose, of which due notice shall be given, elect one, or
more, fit and proper persons, — firstly from among the Graduates of any University in
the British Dominions, who may be resident in Canada, and next, or in case the number
cannot be satisfactorily selected from among such graduates, as aforesaid, then, as the
said Senate may see fit, from among men of sound learning and good standing in the
said Province, to be Fellows, in addition to the then remaining Fellows, to the end that,
by means of such election, the number of Twenty-four Fellows of the said University
may be complete.
reduced below
24.
Majority of
Senate to
deoide.
Quorum.
Chairman.
Appointing
Officers and
Servants .
Examiners to be
appointed.
IX. All questions, which shall come before the Chancellor, Vice-Chancellor, Pro-
Vice-Chancellor and Fellows, shall be decided by the majoritv of the Members present,
and the Chairman at any such meeting shall have a vote, and, in case of equality of
votes, he shall have a second, or casting, vote.
X. No question shall be decided at any Meeting unless the Chancellor, or Vice-
Chancellor, and Five Fellows, or, in the absence of the Chancellor, Vice-Chancellor, or
Pro-Vice-Chancellor, unless Six Fellows, at the least, shall be present at the time of
such decision.
XI. At every meeting of the Chancellor, Vice-Chancellor, Pro-Vice-Chancellor and
Fellows, the Chancellor, or, in his absence, the Vice-Chancellor, or, in case of his
absence also, then the Pro- Vice-Chancellor shall preside as Chairman; or, in the
absence of both, a Chairman shall be chosen by the Members present, or the major part
of them.
XII. The said Chancellor, Vice-Chancellor, Pro-Vice Chancellor and Fellows, for
the time being, shall have full power, from time to time, and as they shall see occasion,
to remove all Examiners, Officers, and Servants of the said University.
XIII. That once, at least, in every year, the said Chancellor, Vice-Chancellor, Pro-
Vice-Chancellor and Fellows, shall nominate certain Professors, or Lecturers, from
amongst those belonging to the Colleges in connection with the said University, or such
other men of sound learning, as they may see fit, to be the Board of Examiners of the
University ;
Provided, alivays. That no two Professors of the same branch of education shall be
appointed to the said Board of Examiners ; but the said Examiners shall be chosen in
such manner as that the respective subjects of education, or learning, be fully represented
in the said Board ; and, at every examination, the candidates shall be examined in as
many branches of Knowledge as the Senate shall consider most fitting subjects for such
Examination, and as shall be declared by previous Statute to be passed by the said
Senate.
Ktutions • •^^^' A^^' ^" °^4®^ ^o extend the benefits of Colleges and establishments already
shall be in instituted in the Province for the promotion of Literature, Science and Arts, by connect-
connection with ing them, for such purposes, with the said University, all persons shall be admitted
the College. as Candidates for the respective Degrees of Bachelor of Arts, Master of Arts, Bachelor of
Laws, or Doctor of Laws, or Bachelor of Medicine, or Doctor of Medicine, to be conferred
by the said University of Upper Canada, on satisfying the Chancellor, Vice-Chancellor,
Pro Vice-Chancellor and Fellows that such persons have, in any of the Institutions
hereinafter mentioned, completed such course of instruction as the said Chancellor, Vice-
Chancellor, Pro- Vice-Chancellor and Fellows shall, bv Regulations made, as aforesaid,
from time to time, determine ; and the Institutions, in which such course of instruction
mav be completed, shall be those hereinafter mentioned,— that is to say, all Universities
and Colleges in Canada, or in any other part of Her Majesty's Dominions, empowered to
grant Degrees in the Arts and Faculties ; Upper Canada College and all other incorpor-
ated Colleges in Canada ; all Colleges and Educational Institutions in connection with the
University of London, in England, and also such other Institutions as now are, or shall
Proviso,
Chap. XXI. EDUCATIONAL PROCEEDINGS OF THE LEGISLATURE OF CANADA.
23,
hereafter be, established tor the purposes of education within this Province, as shall be
recommended, for affiliation, to the Governor General by the Senate of the University
and so appointed by him. ^*
XV. The said Chancellor, Vice-Chancellor, Pro-Vice-Chancellor and Fellows shall
have power, after examination, to confer the several Degrees of Bachelor of Arts, Master
of Arts, Bachelor of Laws, Doctor of Laws, Bachelor of Medicine and Doctor of Medicine
and to examine, for Medical Degrees, in the branches of Medicine, Surgery, Midwifery
and Pharmacy ; and such reasonable fees shall be charged to the Candidates for Degrees
as the Chancellor, Vice-Chancellor, Pro -Vice -Chancellor and Fellows shall, by Regula-
tions, or By-laws, in that behalf, from time to time, determine.
XV L At the conclusion of every examination of Candidates for Degrees, the
Examiners shall declare the name of every Candidate whom they shall deem to be
entitled to any of the said Degrees, and the departments of knowledge in which his
proficiency shall have been evinced, and also his proficiency in relation to other Candi-
dates ; and he shall receive from the Chancellor, Vice-Chancellor, or Pro- Vice-Chancellor,
a Certificate under the Seal of the University, and signed by the Chancellor, Vice-
Chancellor, or Pro- Vice-Chancellor, in which the particulars, so declared, shallbe stated.
XVII. The Regulations to be made with respect to the Literary and Scientific
attainments of Candidates for Degrees and their examination, shall, in so far as
circumstances will, in the opinion of the Chancellor, Vice-Chancellor, Pro-Vice-
Chancellor and Fellows, permit, be similar to those in force for like purposes, in the
University of London,— to the end, that the standard of qualification in the University
of Upper Canada may not be inferior to that adopted for a like Degree, Certificate, or
Honour, in the University of London.
XVIII. The Examiners may be required to take the following oath of office before the
Chancellor, or Vice-Chancellor, or Pro- Vice-Chancellor : —
*' I swear that I will perform my duty of Examiner without fear, favour, affection, or parti lity,
towards any Candidate, and that I will not knowingly allow to any candidate anv advantage which is not
equally allowed to all ; so help me God."
XIX. And, as regards Degrees in Divinity,
Be it enacted, That no one shall be admitted to any Degree in Divinity, in the
said University, who has not previously taken a Degree in the Faculty of Arts in the
said University, or in some other University in the British dominions, as a guarantee to
the Senate of his literary attainments ; and that the Degree of Bachelor, or Doctor, in
Divinity shall be conferred upon such candidates, being graduates as aforesaid, as shall
produce to the said Chancellor, Vice-Chancellor, or Pro-Vice-Chancellor, a Certificate of
their having been examined for such Degree, and entitled thereto, by, at least, three
Priests, Ministers, or Ecclesiastics, appointed for that purpose by the College in
connection with the University of Upper Canada, to which the said Candidate shall
belong, provided that such Certificate shall be approved by the Head of the College by
which such Examiners were appointed, and sealed with the Corporate Seal of such College.
XX. And it he enacted. That each College in connection with the said University
may, according to it powers in that behalf, frame its own By-laws for its good govern-
ment, internal Regulations, and other such matters, independently of the Senate of the
said University provided, nevertheless, that each College shall be required to conform
and comply with the standard of acquirement laid down by the said Senate, in so far
as relates to Degrees in the Faculties of Arts, Law and Medicine.
XXI. The said Chancellor, Vice-Chancellor and Fellows shall regulate the expenses
of the said University, with as strict regard to economy as may be consistent with its
thorough efficiency, and shall endeavor so to fix the fees and allowances of the PiXaminers
and Officers, hereafter to be appointed, as that the same may be respectively fairly
proportioned to the extent and importance of the duties assigned to them ; and all such
fees and allowance shall be fixed by Statute.
XXII. And he it enacted. That the Scholarships provided for in the Fiftieth Sec-
tion of the said recited act of 1849* shall hereafter be held to be Scholarships in any
College in connection with the said University of Upper Canada ; and that the examina-
tion for such Scholarships shall be conducted by the Board of Examiners of the said Uni-
versity of Upper Canada, hereinbefore provided for ; and any person who shall have
obtained any such Scholarship shall immediately signify in writing to the Chancellor,
Vice-Chancellor, or Pro-Vice-Chancellor, of the University of Upper Canada, the name
of the College, in connection with the said University, at which he intends to reside, and
may then reside at and attend such College, and have and enjoy at the said College all
the privileges and emoluments of the said Scholarship.
XXIII. And he it enacted. That the Chancellor, Vice-Chancellor, or Pro- Vice-
Chancellor, of the said University, shall, without delay, report to the Council of the
said University College the names of all those who shall have obtained such Scholarships
upon the examinations to be had, as aforesaid, and, upon receiving such Report, the
said Council of the said University College shall permit the parties, who shall have
obtained the said Scholarships, to receive, and shall grant all necessary orders, and do
every necessary act, to enable such parties to receive the emoluments of such Scholarships.
* This Section is printed on pages 159, 160 of the Eighth Volume of this Documentary History.
Power to confer
the various
Degrees.
Names of
successful
Candidates to
be declared.
Standard of
acquirements
not to be inferior
to that of the
University' of
London for tjie
same degree,*&c.
Examiners to be
sworn.
Provision as to
degrees in
Divinity.
Colleges may
frame their own
regulations
except as to
standard of
requirement.
Affairs to be
economically
administered.
Scholarships
under Sect. 50
of 12 Vict. Chap.
82, to be Scholar-
ships in any Col-
lege connected
with the Uni-
versity.
Names of suc-
cessful candi-
dates for
Scholarships to
be reported.
236
DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1851
JulymK 1851. The Order of the Day for the second Reading of the Bill to repeal th©
provision Limiting the Distance between the County Town and any additional Grammar School
iQ the same County, in Upper Canada, being read, the Bill was accordingly read a second time v
and committed to a Committee of the whole House, for Monday next.
Jxdy SOth, 1851, On motion of Mr. William Lyon Mackenzie, seconded by Mr. James Smith,
it was, —
Resolved. That an humble Address be presented to his Excellency the Governor General,
praying that His Excellency would cause to be laid before this House, a copy of the Report, or
Reports, of the Commissioners who were appointed to Inquire into the Aflairs of King s College,
(now the University of Toronto,) and Upper Canada College.
Ordered, That the said Address be presented to His Excellency the Governor General by
such Members of this House as are of the Honourable the Executive Council of this I'rovince.
The Honourable Francis Hincks, one of Her Majesty's Executive Council, laid before the
House, by command of His Excellency the Governor General, The Annual Report of the
Normal, Model and Common Schools in Upper Canada, for the year 1850, by the Chief buper-
intendent of Education.
Ordered, That the said Report be printed in pamphlet form, under the superintendence of
the Standing Committee on Printing ; and that a sufficient number of additional copies thereof
be also printed, so as to furnish a copy to each Municipal Council, Local School Superintendent,
County Board of Public Instruction, and School Corporation, in Upper Canada.
J'\dy Slst, 1851. The Honourable James Harvey Price, one of Her Majesty's Executive
Council, presented, pursuant to an Address to His Excellency the Governor General, a Return
to an Address from the Legislative Assembly to His Excellency the Governor General, dated
the 30th instant, praying His Excellency to cause to be laid before the House, a copy of the
Report, or Reports, of the Commissioners, who were appointed to Inquire into the Affairs of
King's College, (now the University of Toronto,) and Upper Canada College.*
The Order of the Day for the second Reading of the Bill to amend the Charter of the Uni-
versity of Toronto, being read ; it was, —
Ordered^ That the said Order be discharged, and that the Bill be withdrawn .t
Aiigust 1st, 1851. Mr. Thomas H. Johnson, from the Committee of Supply, reported
several Resolutions ; among which were the following, relating to Education : —
Resolved, That a Sum not exceeding One Thousand one hundred and eleven pounds two
shillings and two pence, (£1,111. 2. 2), currency, be granted to Her Majesty, as an aid to Upper
Canada College, Toronto, for the year 1851.
Resolved, That a Sum, not exceeding Five Hundred pounds, (£500,) currency, be granted
to Her Majesty, as an aid to Victoria College, Cobourg, for the year 1851.
Resolved, That a Sum, not exceeding Five Hundred pounds, (£500 ) currency, be granted
to Her Majesty, as an aid to Queen's College, Kingston, for the year 1851.
Resolved, That a Sum, not exceeding Five Hundred pounds, (£500,) currency, be granted
to Oer Majesty as an aid to Regiopolis College, Kingston, for the year 1851.
Resolved, That a Sum, not exceeding One Thousand pounds, currency, be granted to Her
Majesty, for the Toronto Academy, one half to be paid in 1851, and the other half in 1852.
August 2nd, 1851. Mr. William Lyon Mackenzie moved, seconded by Doctor Harmannus
Smith, and the Question being put. That the Return relative to the Inquiry and the Affairs of
King's College and Upper Canada College, which was presented on Thursday last, be printed
in Octavo form, for the use of the Members of this House, under the direction of the Standing
Committee on Printing ; the House divided : and the names being called for, they were taken
down, — the result being as follows : Yeas 33 ; Nays 6 ; So it was resolved in the affirmative.
The Honourable James Harvey Price, one of Her Majesty's Executive Council, presented,
pursuant to an Address to His Excellency the Governor General, a Return to an Address from
the Legislative Assembly to His Excellency the Governor General, dated the 16th June, 1861,
praying His Excellency to cause to be laid before the House, copies of all Reports made in
duplicate to His Excellency by the Endowment Board of the University of Toronto, and of the
Upper Canada College and Royal Grammar School, and by the Auditors of the Accounts of
those Institutions, in compliance with the provisions contained in Sections Twenty-Two and
Twenty-three, and Fifty-nine and Sixty of the University Act of 1849,:J: shewing the State of the
* Portions of this Report (of public interest) will be found on pages 1-50 and 2(J2-204 of the Eighth Volume, and on pages
141-145 of this Volume of the Documentary History of Education in Upper Canada.
t This is the University Bill, which was introduced into the House ot Assembly, on the 5th of June, 1851, by the Hon-
ourable Henrj- Sherwood of Toronto ; see page 221 of this Chapter.
X These Sections of the Act are printed on pages 152, 153 of the Eighth Volume of this Documentary History.
Chap. XXI. EDUCATIONAL PROCEEDINGS OF THE LEGISLATURE OF CANADA. 237
property and effects, and generally of the fiscal, or financial, affairs of the said University, Upper
Canada College and Royal Grammar School, since they were established, upon principles : "to
conciliate the confidence and ensure the support of all classes and Denominations of Her
Majesty's subjects;" also, copies of the Annual Reports made by the Principal of Upper
Canada College and the Royal Grammar School, shewing their condition and progress, under
authority of Section Fifty-five of the said Act,* or such of the said copies of Reports, as may
have been received by the Government.
Ordered, That the said Return be printed for the use of the Members of this House.
August 6th, 1851. The Honourable Francis Hincks, one of Her Majesty's Executive
Council, presented, pursuant to an Address to His Excellency the Governor General, the
following Returns to an Address from the Legislative Assembly tc His Excellency the
Governor General, dated 26th June last, praying His Excellency to cause to be laid before the
House, a Return shewing the annual sum payable, under the provisions of the Act 13 and 14
Victoria, Chapter 68, for interest on account of all Debentures issued on account of . . .
the Normal Model Schools (and the Education Offices) at Toronto, now outstanding.
August 7th, 1851. A Message from the Legislative Council, by John Jennings Taylor,
Esquire, one of the Masters in Chancery, was read, as follows : —
Mr. Speaker,
The Legislative Council have passed a Bill, intituled : " An Act to Define and Restore
certain Rights to parties therein Mentioned," to which they desire the concurrence of this
House, t
Toronto, 7th August, 1851. Ren^ E. Caron, Speaker.
August 8th, 1851. Mr. William Lyon Mackenzie moved, seconded by Mr. James Smith,
and the Question being put. That the Return relative to King's College and Upper Canada
College, which was presented to the House on the Thirty-first of July last, be printed in
English only for the Journals of the House, and also in octavo form, as ordered by the House
on the 2nd instant ; the House divided : and the names being called for, they were taken down,
and the result was as follows : Yeas 11 ; Nays 39 ; So it passed in the negative.
August ISth^ 1851. The Order of the Day for the House in Committee on the engrossed
Bill from the Legislative Council, intituled : "An Act to Incorporate the Toronto School of
Medicine, " being read ; the House accordingly resolved itself into the said Committee Mr. John
P. Crysler took the chair of the Committee ; and after some time spent therein, Mr. Speaker
resumed the Chair ; and Mr. Crysler reported That the Committee had gone through the Bill
and made amendments thereunto.
Ordered, That the Report be now received, and that the Bill be read the third time to-
morrow.
August 14th, 1851. An engrossed Bill from the Legislative Council, intituled : "An Act
to Incorporate the Toronto School of Medicine," was, according to Order, read the third time.
Resolved, That the Bill, with the amendments, do pass and that the Honourable Henry
John Boulton, do carry back the Bill to the Legislative Council, and acquaint their Honours that
this House has passed the same, with several amendments, to which they desire their concur-
rence.
Ordered, That Mr. William Lyon Mackenzie have leave to bring in a Bill to amend the
Nineteenth Section of the School Act of 1860 : 13 and 14, Victoria, for the Better Establishment
of Schools in Upper Canada. He accordingly presented the said Bill to the House, and the
same was received and read for the first time ; and ordered to be read a secoEd time on Monday
next.
A copy of this Bill is as follows : —
Bill : An Act to repeal the Nineteenth Section of the Aot for the Better Estab-
lishment OF Common Schools in Upper Canada.
Whereas the establishment of Sectarian, or Separate, Public Schools, upheld by Preamble,
periodical grants of money from the Provincial Treasury, and placed under the control
of the Executive Government, through its Superintendents of Education, and other
Civil Officers, is a dangerous interference with the Common School System of Upper
Canada, and, if allowed to Protestants and Roman Catholics, cannot reasonably be re-
fused to Episcopalians, Presbyterians, Quakers, Tunkers, Baptists, Independents and
other Religious Denominations ; and
* Ibid, page 161.
t The title of this Bill is, as here given, ambiguous. The Bill was passed to amend the Nineteenth Section of the
Common School Act of 1850, which Section provided for the establishment of Separate Schools, which, by the Cameron
Common School Act of 1849, was not permitted. This Bill provided, that Separate Schools for Roman Catholic children
could be established " in each Ward of a City, or Town, or in two or more Wards united," etcetera. For the immediate
^.ause of the passage of this Bill, See note to the proceedings of the House of Assembly of August 29th, 1851.
238 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1851
f
Whereas, if it is just that any number of Religious Sects, should have Separate
Public Schools, it is not less reasonable that they should also have Separate Grammar
Schools, Colleges, and Professorships in the Universities ; and, —
Whereas it is unjust for the State to tax Protestants, in order to provide for the
instruction of children in Roman Catholic doctrines, or to tax Roman Catholics for the
Religious Education of youth in principles adverse to those of the Church of Rome ; and
as the early separation of children at School, on account of the creeds of their parents,
or guardians, would rear nurseries of strife and dissension, and cause thousands to grow
up in comparative ignorance, who might, under our Common School System, obtain the
advantages of a moral, intellectual, literary and scientific Education ; and, —
Whereas the repeal of the Nineteenth Section of the Upper Canada Common School
Act, passed in 1850, would discourage sectarian education, and be productive of peace,
harmony, and good will in neighborhoods ;
ection 19 of tha Be it therefore enacted, . . . That the Nineteenth Section of an Act passed by the
Common School Parliament of this Province, in the Session thereof held in the Thirteenth and Four-
repealed, teenth Years of Her Majesty's Reign and intituled : " An Act for the Better Estab-
lishment and Maintenance of Common Schools in Upper Canada," be, and the same is
hereby repealed.
August 16tK 1851. The Order of the Day for the House in Committee on the engrossed
Bill from the Legislative Council, intituled : " An Act to Incorporate the Burlington Ladies^
Academy," being r«»ad, the House accordingly resolved itself into the said Committee, and Mr.
David M. Armstrong took the chair of the Committee ; and after some time spent therein, Mr.
Speaker resumed the Chair ; and Mr. Armstrong reported That the Committee had gone through
the Bill, and made amendments thereunto.
Ordered^ That the Report be now received.
Mr. Armstrong reported the Bill accordingly; and the amendment was read, as followeth: —
Press 2, line 13. After '* provided ", insert Clause (A,) as follows : —
** Andbe it enacted, That it shall be the duty of the said Corporation, at all times, when they may
be called upon to do so by the Governor of this Province, to render an Account, in writing, of their
property and affairs, in which shall be set forth in particular the income by them derived from property
held under this Act, and the means by which the same has been acquired ; also, the number of
Members of the said Corporation, the number of Teachers employed in the various branches of
instruction, the number of scholars under instruction, and the course of instruction pursued."
The said Amendment being read a second time was agreed to, and it was, —
Ordered, That the Bill be read a third time on Monday next.
A Message from the Legislative Council, by John Fennings Taylor, Esquire, one of the
Masters in Chancery was read, as follows : —
Mr. Speaker,
The Legislative Council have agreed to the Amendments made by this House to the Bill,
intituled " An Act to Incorporate the Toronto School of Medicine," without any amendment.
Toronto, August 16th, 1851. Ren^ E. Caron, Speaker.
A'tigust 21st, 1851. The Order of the Day for the third reading of the engrossed Bill from
the Legislative Council, intituled : " An Act to Incorporate the Burlington Ladies' Academy "
being read ; it was ordered, That the Bill be read the third time on Monday next.
August 25tk, 1851.— The Order of the Day for the House in Committee on the Bill to
repeal the provision Limiting the Distance between the County Town and any additional Gram-
mar School m the same County, in Upper Canada, being read ; the House accordingly resolved
Itself into the said Committee. Mr. William Notman took the chair of the Committee ; and
after some time spent therein, Mr. Speaker resumed the Chair; and Mr. N..tman reported
Ihat the Committee had gone through the Bill, and made an amendment thereunto. It was,
therefore, ordered that the Report be now received. Mr. Notman reported the Bill accordingly;
and the amendment was read, and agreed to It was then ordered that the Bill, with the
amendment, be engrossed, and read the third time to-morrow.
August 27tK 1851.— On motion of Mr. Robert Christie, seconded by Mr. John Prince,
It was, — •' *
Resolved, Th&t an humble Address be presented to His Excellency the Governor General,
a Ireaay obtained on the subject this House, therefore, prays that His Excellency may be
oi thi« «nbwf '" ""T"'^? ^! ^A Tl.^^^"^ expedient to procure copies of all such Documents
n?n,^r^hl^i„ R v""? ^^ ^^^^^^ed by the Agent, who is to be sent to Europe for the purpose
of purchasing Books for the reconstruction of the Parliamentary Library ; and assurin- Hia
Chap. XXI. EDUCATIONAL PROCEEDINGS OF THE LEGISLATURE OF CANADA. 239
Excellency that this House will make good such expenses as may be incurred in the furtherance
of this important object.
Ordered, That the said Address be presented to His Excellency the Governor General by
such Members of this House as are of the Honourable the Executive Council of this Province.
An engrossed Bill to repeal the provision Limiting the Distance between the County Town
and any additional Grammar School in the same County, in Upper Canada, was, according to
Order, read the third time, and it was resolved that the Bill do pass, and that Mr. James Smith
do carry the Bill to the Legislative Council, and desire their concurrence.
An engrossed Bill from the Legislative Council, intituled : *'An Act to Incorporate the
Burlington Ladies' Academy," was, according to Order, read the third time, and it was resolved
that the Bill, with the Amendment, do pass. It was then ordered that the Honourable William
Badgley do carry back the Bill to the Legislative Council, and acquaint their Honours that this
House hath passed the same, with an Amendment, to which they desire the concurrence of their
Honours.
A Message from the Legislative Council, by John Fennings Taylor, Esquire, one of the
Masters in Chancery, was read, as follows : —
Mr. Speaker,
The Legislative Council have agreed to the Amendment made by the House to the Bill,
intituled • "An Act to Incorporate the Burlington Ladies' Academy," without any amendment.
Toronto, 27th April, 1851. Rknj^ E. Caron, Speaker.
August 28th, 1851. A Message from the Legislative Council, by John Fennings Taylor,
Esquire, one of the Masters in Chancery, was read, as follows : —
Mr. Speaker,
The Legislative Council have passed the following Bill, without Amendment, namely : —
A Bill, intituled : " An Act to repeal the provision Limiting the Distance between the County
Town and any additional Grammar School, in the same County, in Upper Canada."
Toronto, 28th August, 1851. Ren^ E. Caron, Speaker.
Aicgust Wth, 1851. The Order of the Day for the second reading of the engrossed Bill from
the Legislative Council, intituled : "An Act to Define and Kestore certain Rights to Parties
herein mentioned," being read, the Honourable Francis Hincks moved, seconded by Mr. Joseph
C. Tache, and the question being proposed, that the Bill be now read a second time ; Mr.
William Lyon Mackenzie moved in amendment to the question, seconded by Mr. John Wilson
that the word "now" be left out, and the words : ''this day six months'' added at the end
thereof ; and the question b^^ing put on the amendment, the House divided with the following
result : Yeas 4 ; Nays 24 ; so it passed in the negative.
Then the main motion being put it was resolved in the affirmative, and the Bill was
accordingly read a second time.
The Honourable Francis Hincl<s moved, seconded by Mr. Louis T. Drummond, and the
question being proposed that the Bill be now read the third time, and the Rules of the House
be suspended as regards the same ; Mr. William Lyon Mackenzie moved, in amendment to
the question, seconded by Mr. James Smith, that all the words after "that," to the end of the
question be left out in order to add the words : "allthe worJs after "Whereas," in the [Bill
introduced into the House of Assembly by the mover, on the 14th of this month of August, as
an amendment to the Nineteenth Section of the Common School Act of 1850.] (See page — ).
And the question being put on the amendment, the House divided — the Yeas and Nays
being as follows : Yeas 5 ; Nays 26 ; so it passed in the negative. Then the main motion
having been put, it was resolved in the affirmative. The Bill was, accordingly, read the third
time.
The Honourable Francis Hincks moved, seconded by Mr. Louis T. Drummond, and
the question being put, that the Bill do pass ; the House divided with the following result ;
Yeas 25 ; Nays 7 ; so it was resolved in the affirmative.
Ordered, That the Honourable Francis Hincks do carry back the Bill to the Legislative
Council, and acquaint their Honours that this House hath passed the same without any
amendment.
Causes which led to the passing of this Remedial Act.
A difficulty occurred, in 1851, in regard to the operation oF the Nine-
teen Section of the School Act of 1850, which necessitated the interfeience of
the Chief Superintendent of Education in favour of the Roman Catholic Separate
240 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1851
School Trustees of the City of Toronto. In a letter to the Honourable. George
Brown, in 1858, Doctor Ryerson thus states the nature of that difficulty, and the
remedy for it, as follows : —
• ' In the latter part of 1850, certain Roman Catholics applied for a second Separate School
in the City of Toronto. The Board of School Trustees rejected their application, upon the
ground that the Nineteenth Section of the School Act of 1850 did not require them to permit the
establishment of more than one Separate School in the City. The applicants appealed to
the Court of Queen's Bench, to compel the Board of School Trustees to grant their request.
The Court decided that, —
•* Accordinjr to the letter and grammatical construction of the Act, a City, or Town, was only a School Section, and the
Trustees could not, therefore, be compelled by law to grant more than one Separate School, whatever might have been the
intention of the Legislature."
Doctor Ryerson then goes on to say, —
"That [the Roman Catholic] supporters of the Ministry of that day . . . sought a
Legislative remedy for a defect in the law, and applied in the proper quarter for that purpose.
Mr. Hincks declined taking their complaint into consideration, without consulting me, I being
then absent in the United States and England, making the first selection of Books for the
Public Libraries, and arrangements for procuring them. On my return in June, 1851,
Mr. Hincks gave me the papers, and referred the Roman Catholic Bishop [Charbonnel] and
Vicar-General [Macdonell] to me. I could not for a moment admit the Draft of the Bill they
had prepared ; but stated frankly, that I had not intended to deprive them of any rights
as to Separate Schools which had been conferred on them by the Act of 1846 ; that I had never
anticipated, or thought of, the construction of the 19th Section of the Act, which had been put
upon it by the Court of Queen's Bench ; that, by the Act of 1846 Cities and Towns were divided
into School Sections as well as Townships ; that the City of Toronto, under the Act, was
divided into fourteen School Sections, in each of which there might be a Separate School,
according to the conditions of the law. But, I asked them, as there were now no School Sections
in the Cities and Towns, whether the right of having a Separate School in each Ward would not
be sufficient ? They answered in the affirmative ; whereupon, I wrote a Draft of an Act for
that purpose, and they expressed their entire satisfaction with it.*
"By request, I afterwards met the greater part of the Members of the House, at an appointed
time, and explained to them the position of the Separate School Question, and what 1 thought
best to be done under the circumstances. The Honourable John Ross brought into the Legis-
lative Council the Bill "to restore certain Rights," etcetera, of which I had prepared the
Draft. It soon passed both Houses, and became law."
[The Upper Canada Members voting for it were : Baldwin, Bell, W. H. Boulton, Hincks
J. A. Macdonald, Meyers, Prince, Sherwood, and Stevenson— 9. Lower Canada Members, 16 ;
total, 26. Those opposed to the Bill were : Hopkins. Mackenzie, McFarlane, J. C. Morrison,
James Smith and J. Wilson — 7, all from Upper Canada.]
"Its operations are confined to Cities and Towns : the very wording of it shows that it was
no innovation, no concession ; but a restoration of rights previously enjoyed."
Mr. William Lyon Mackenzie's Anti-Separate School Bill, 1851.
The two untoward circumstances, — the unauthorized omission of all provision
for Separate Schools in Mr.Macolm Cameron's School Act, of IsIq, and the inability
of the Trustees to establish more than one Separate School in the City of Toronto,
in 1850, as decided by the Court of Queen's Bench, acted unfavourably upon the
leaders of the Roman Catholic Church, and created a feeling of distrust and
uncertainty on the part of Roman Catholics generally.f
♦TSius, in a letter to Doctor Ryerson, from Bishop Charbonnel, dated 27th June, 1851, he said : "Very Reverend and
Dear Doctor, I resrret verj' niuch not to be able to attend the meeting [of the Council of Public Instruction] this morning ;
1 leave to-day for London ; but I will be back for the solemn ceremony of Wednesday [2nd July— the day on which the
comer-stone of the -Normal School Buildmg was laid, and at which the Bishop was present and took part in the ceremony].
,» i/f?' y^^^ *"" "oP«' ^hat the redress of the wording of the clause in behalf of the City Catholic Separate Schools
[Toronto] is m your hands and heart, and if Canada East has for Superintendent a Doctor Meilleur, owning to the sincere
w^L^^''"^ r.f'"" «'*• and Its Superintendent for the West, our condition for the education of our dear children will
become good and better. Respectfully and devotedly yours in Christ,
'• Armandcs, Fr. My. R.C. Bishop of Toronto.
thp ^H^t^i^^^/.T T*"!? ^'^^^""^C "^^u^ V^^'f^'^o *''°™ ^^^ Reverend Doctor Ryerson, then in France, he said ;-" 1 am glad of
Sp^H<^Tfh?i5l V A^!^°" ^^^ *" W ""* ^J^^ SeparateSchools. The Roman Catholics have continued to use the Nineteenth
Pmi TnH i th^nf h ''• '" * very different way, from which was intended ... I suppose the late proceedings of the
SK them due irottC ""^ ^o separate education in Ireland have prompted this change. The decision of the Judges
Chap. XXI. EDUCATIONAL PROCEEDINGS OF THE LEGISLATURE OF CANADA. 241
What also kept this feeling of suspicion and unrest, on the part of the
Koman Catholic authorities, alive, was the constant efforts of prominent members
of the House of Assembly, from 1851 to 1856, to repeal the Nineteenth Section of
the School Act of 1^5(). Generally, these gentlemen contented themselves with
the introduction of a brief Bill, simply declaring that —
'• The Nineteenth Secti«.n of the School Act of 1850 shall be, and is hereby, repealed."
Mr. Mackenzie, however, in his Bill of August, 1851, gives his reasons for
doing so, in the preamble, as will be seen by referring to it on page 237 of this
Chapter.
Mr. Mackenzie moved this Bill as an amendment to the Remedial \ct of
1851. His amendment was rejected by a vote of 26 to 5, and the Bill was finally
passed by the House of Assembly by a vote of 25 to 7. See page 239 of this
Chapter.*
Note. The foregoing is taken from pages 53-56 of the " Legislation and History of Separate
Schools in Upper Canada from 1841 to 1876," By. J. George Hodgins, M.A. LL.D. Published
by William Briggs, 29-33 Richmond Street West, Toronto, 1897.
Educational Proceedings of the Legislative Council of Canada, 1851.
Note. For reference to the proceedings at the opening of this Session of
the Parliament cf Canada, on the 20th of May, see page 221 of this Chapter.
May 22nd, 1851. The Honourable Mr. Speaker. Rene E. Caron, presented a Petition from
the Municipal Council of the United Counties of Stormont, Dundas, and Glengarry praying for
certain amendments to the Upper Canada Common School Act of last Session.
May 26th, 1851. The Honourable John Ross presented a Petition from Doctor Alexander
Burnside and others, Members of the United Church of England and Ireland, in the Diocese of
Toronto ; praying to be incorporated under the name and style of Trinity College.
The Order of the Day being read for moving the House, that an humble Address be pre-
sented to His Excellency the Governor General, praying that His Excellency will be pleased to
be caused to lay before this House a copy of the Charter applied for to Her Majesty's Prin-
cipal Secretary of State for the Colonies, by the Right Reverend and Honourable the Bishop of
Toronto, for a College, or University, for the exclusive use of Members of the Church of Eng-
land in Upper Canada, together with a copy of the Petition, and of the Correspondence which
accompanied and has reference to the same, — it was
Ordered, That it be discharged, and that the said Motion do stand upon the Orders of the
Day for Monday next.
June 2 lid, 1851.-— The Honourable Doctor Christopher Widmer presented a Petition from
Doctor John Rolph and others. Licentiates in Medicine, praying that the Toronto School of
Medicine may be incorporated.
The Honourable Ktienne P. Tache presented two Petitions from the Right Reverend
Joseph E Guigues, Roman Catholic Bishop of Bytown and others, inhabitants of Eytown
aforesaid, praying f- r pecuniary aid for the College of that name.
Pursuant to notice, it was moved that an humble Address be presented to His Excellency
the Governor General, praying that His Excellency will be pleased to cause to be laid before
this House a Copy of the Charter applied for by the Right Reverend and Honourable the
Bishop of Toronto, for a University, or College, for the Members of the Church of England,
together with a copy of the Petition accompanying the same, and of the Correspondence relating
thereto. It was tnen moved, in amendment, that after "thereto," at the end of the original
Motion, there be added, "also, the Charter, as amended by certain of the Clergy and Laity of
the Diocese of Toronto, and approved by the Lord Bishop."
The question of concurrence being put thereon, the same was agreed to by the House.
The question being then put ori the main Motion, (as amended,) it was resolved in the
affirnn,tive, and ordered accordingly. It was farther, —
^Several Papers on the Separate School Question will be found in a subsequent Chapter of this Volume.
16 D.E.
242 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1851
9
Ordered, That such Members of the Executive Council as are Members of this House, do
wait OP His Excellency the Governor General with the said Address.
Ordered, That the Petition from Doctor Alexander Burnside and others, Members of the
United Church of England and Ireland, in -the Diocese of Toronto, (presented to this House on
the 26th of May last,) praying to be incorporated under the name and style of "Trinity
College," be now read, which said Petition was read by the Clerk accordingly.
The Honourable Alexander Eraser presented a Petition from the Municipal Council of the
United Counties of Stormont, Dundas and Glengarry, praying for certain amendments to the
Common School Act of 1850.
June 4th 1851. — The Honourable Samuel Mills presented a Petition from Mr. George S.
Tiffany and others, praying that an Act may be passed to Incorporate the Burlington Academy
under and by the name of ** The Burlington Ladies' Academy."
June 6th, 1851. — The Honourable James Gordon presented a Petition from the Right
Reverend Doctor Strachan, Bishop of Toronto, on behalf of the Clergy and Laity of the
Church of Ensjland and ^Ireland in the Diocese of Toronto, in Coaference assembled at the
Visitation of His Lordship, holden on the first and second days of May, prayinoj for the estab-
lishment of Separate Common Schools, for the use of the Children of the Members of the
Church of England.*
The Honourable James Leslie, Secretary of the Province, by command of His Excellency
the Governor General, presented to the House the Return of an Address of the Legislative
C juncil to His Excellency, dated 2nd instant, praying that His Excellency would be pleased to
be caused to be laid before the House, a copy of the Charter applied tor by the Right Reverend
and Honourable Doctor Strachan, Bishop of Toronto, for a University, or College, for Members
of the Church of England, together with a copy of the Petition accompanying the same, and of
the Correspondence relating thereto ; also the Charter, as amended by certain of the Clergy
and Laity of the Diocese of Toronto, and approved by the Lord Bishop. t
Ordered, That the Petition presented to this House on the fourth day of June, instant,
from Mr. George S. Tiffany and others, praying that an Act may be passed Incorporating the
Burlington Ladies' Academy, be referred to a Select Committee of three Members.
Jime 9th. 1851. — The Honourable Etienne P. Tache presented to the House a Bill,
intituled : "An Act to Incorporate the Toronto School of Medicine."
The said Bill was read for the first time, and it was, —
Ordered That the said Bill be read the second time on Thursday, the Nineteenth day of
June, instant.
It was moved that Three Hundred Copies be printed in English, of the Charter, Petition
and Correspondence connected with the Charter applied for by the Right Reverend and Hon-
ourable Doctor Strachan, Bishop of Toronto, to Her Majesty's Principal Secretary of State for
the Colonies, as communicated to this House by Message from His Excellency the Governor
General.
In amendment it was moved, that after the word " General," to insert the words " and also.
Three Hundred Copies of the original Charter, as amended by certain of the Clergy and Laity
of the Church of England and approved by the Bishop."
In amendment to this amendment, it was moved, that after the word *' England," to insert
the words : *' to be printed separately ; " Which being objected to ; and, after debate,
* The Resolution of the Church of England Synod of the Diocese of Toronto, on which the foregoing Petition was
founded, is as follows :— > & &
"That this Meeting desires to express its sense of the paramount duty of connecting religion with secular education:
and in order to carry out this obligation, they deem it to be necessary to petition the Colonial Legislature to permit the
establishment of separate Church schools ; and that the assessments ordinarily paid by Churchmen for the support of
Common Schools be applied to the maintenance of such as are in connection with the Church, where such appropriation if
practicable and desired ; and that the Committee aforesaid be empowered to draft the Petition."— Session of 1851, page 12.
Later on in the same year the various Bishops of the Church of England then in Canada adopted a "Declaration" of
pnnciples^or their future joint action and guidance. In that Declaration was the following relating to Education
r«u Ji^n^Yn^o^^^'^T °* education are very generally introduced and supported in these Colonies, either (1) excluding
religious education altogether from the Schools, or (2) recognizing no distinction between Roman Catholics and Pro-
»S*^.^fL'^?/!^?,V%°Pf^f'J""'''^ *1 aflforded us of bringing up the children of our communion in the special doctrines
and duties of our faith to the manifest depravation of their religious principles, and with crying injustice to the Church
H «Hn?Hv V2?!.T*h*f ^'''"■^fLiT l^ecided convictions-1. That all education for the Members of onv Church should be
distinctly based on the revealed Religion of the Old and New TesUments, with special reference to their duties and
KX«^„^^ tto":i.I^^fn"^^'\r'^o'",^^ God's children by adoption and grace"! 2. That all lawful and honourable
u™n ^fSi 1 ^°?l^ ^ T-^ the Colonial Legislatures to make grants to the Church of England, as well as to the
SlZlSo^n'S^th'Mrm'beSs'of Sfelf oTn cl'SuniJS^^ "^^^ '•^^"^'^ '^' ^"^ ^"^'^^^ '^ *^«*^ ^-^'^ respectively, for the
This Declaration was signed by the Bishops of Quebec, Toronto, Newfoundland, Fredericton and Montreal.
t These Documents, relating to the year 1851, so far as available, will be included in a subsequent Chapter of this
Volume. Those relating to the year 1850 will be found on pages 91-117 of this Volume. B^qu^ni- v^napter or xnis
Chap. XXI. EDUCATIONAL PROCEEDINGS OF THE LEGISLATURE OF CANADA. 243
The question of concurrence was put thereon, and the same was resolved in the affirmative.
The question being then put on the amendment, as amended, it was resolved in the affirma-
tive. The question being also put on the main motion, as amended, it was resolved in the
affirmative, and ordered accordingly.
Jnnei7i/ii552.-The Honourable Samuel Mills, from the Select Committee to whom were
referred the Petition from Mr. George S. Tiffany and others, praying that an Act may be passed
Incorporating the Burhngton Academy, under and by the name of the '' Burlington Ladies'
Academy ; reported that they have examined the matter of the said Petition, and see no reason
why a Bill founded on the same should not be introduced into your Honourable House It
was then, —
Ordered, That the said Report be received, and the same was read by the Clerk and
the Baid Report was adopted.
The Honourable Samuel Mills then presented to the House a Bill, intituled • '^ An 4ct to
incorporate the Burlington Ladies' Academy." The said Bill was read for the first time and
it was, — '
Ordered, that the said Bill be read the second time on Monday next.
June 18th, 1851. Ordered, That the Order made on the Ninth instant, for a second reading
of the Bill, intituled: " An Act to Incorporate the Toronto School of Medicine," be discharged
and that the said Bill do stand for a second reading on the Orders of the Day for Friday next!
The Honourable John Ross presented a Petition from Mr. Michael Brennan and others
inhabitants of Belleville, praying that the Common School Act of Upper Canada may be so
amended, as to allow of the establishment of Separate >chool8 for the children of Roman
Catholics ;* also, two Petitions from the University of Queen's College at Kingston, praying for
a grant of money towards the support of the said Institution ; and praying for pecuniary aid
towards the support of the Grammar School connected with the said University.
June 20th, 1851. The Order of the Day being read for a second reading of the Bill,
intituled: "An Act to Incorporate the Toronto School of Medicine," it was moved that the
Forty-ninth rule of this House be dispensed with, in so far as it relates to the said Bill, and that
the same be now read for the second time. The question of concurrence being put thereon, it
was resolved in the affirmative, and the said Bill was then read a second time accordingly.
Ordered, That the said Bill be engrossed, and the same read a third time on Monday next.
June 2Srd, 1851. The Order of the Day being read for a third Reading of the Bill,
intituled : "An Act to Incorporate the Toronto School of Medicine," it was, —
Ordered, That the same be discharged until to-morrow.
Pursuant to the Order of the Day, the Bill intituled : "An Act to Incorporate the Burling-
ton Ladies' Academy," was read a second time. It was ordered that the Bill be referred to the
followin» Select Committee of three Members, Messieurs James Crooks, Dunbar Ross and
Samuel Mills, to meet and adjourn as they please.
June 24th, 1851. — The Honourable J. ^melius Irving presented a Petition from Mr,
George Cadogan and others, of the Townships of Walpole and Rainham, praying that the
Revenues arising from the sales of the Clergy Reserves may be applied to Educational
purposes.
The Honourable Samuel Mills, from the Select Committee to whom was referred the Bill,
intituled : " An Act to Incorporate the Burlington Ladies' Academy," reported that they had
gone through the said Bill, and had directed him to report the same with an Amendment, which
he was ready to submit whenever the House would be pleased to receive it.
Ordered, That the Report be now received, and the said Amendment was then read by the
Clerk. The said Amendment being read a second time, and the question of concurrence put
thereon, the same was agreed to by the House. It was then, —
Ordered, That the said Bill, with the Amendment, be engrossed, and the same read a third
time to-morrow.
Pursuant to the Order of the Day, the Bill, intituled, "An Act to Incorporate the Toronto
School of Medicine," was read a third time. The question was put, whether this Bill shall
pass ? It was resolved in the affirmative.
Ordered, That one of the Masters in Chancery shall go down to the Legislative Assembly,
and acquaint that House that the Legislative Council have passed this Bill, to which they desire
their concurrence,
*The Petition from Mr. M. Brennan, presented to the House of Assembly on the 20th June, states that its object was
to have the School Law of 1850 so amended as "to provide more eflfectually for Separate Schools in certain cases," which
object was a definite one, and not as expressed in the above Petition See Proceedingrs of House of Assembly of the 29tb
of August, page 239. The note on that page will doubtless explain the real object of the Petition which was to obtain th«
right to establish Separate Schools in any, or all of the Wards of a City, or Town.
244 DOCUMExVTARY HISTORY OF EDUCATION IN UPPER CANADA. 1851
June 25th, 1851. Pursuant to the Order of the Day the Bill intituled : " An Act to Incor-
porate the Burlington Ladies' Academy " was read a third time. The question was put, whether
this Bill shall pass I It was resolved in the affirmative.
June SOth, 1851. The Honourable James Leslie, Provincial Secretary, by command of
His Excellency the Governor General, presented to the House a Supplementary Return to the
Address of the Legislative Council, dated 2nd instant, praying His Excellency to cause to be
laid before this House a copy of the Charter applied tor by the Right Reverend and Honour-
able John Strachan, Biahop of Toronto, for a University, or College, for Members of the
Church of England, together with a copy of the Petition accompanying the same, and of the
correspondence relating thereto ; also the Charter as amended by certain of the Clergy and
Laity of the Diocese of Toronto and approved by the Lord Bishop. =■'
July 8th, 1851. The Order of the Day being read for moving, pursuant to notice, that it
be resolved that an humble Address be presented to His Excellency the Governor General,
thanking His Excellency for having communicated to this House the Chaiter applied for by the
Right Reverend and Honourable the Bishop of Toronto to Her Majesty's Secretary of State for
the Colonies, for tlie sole use of the Church of England in this Province, connected with the
Correspondence connected therewith ; as also for the subsequent Correspondence, and an
amended Charter, applied for by the Bishop of Toronto, on withdrawing the original Charter ;
2. And that this House fully and entirely concurs in the Comprehensive views so ably ex-
pressed by His Excellency, both in his Letteis to Earl Grey and the Bishop of Toronto upon
the various and important matters connected therewith ; and that whilst this House expresses its
readiness to co-operate in carrying out the views of His Excellency, thus set forth, and the
reasonable requirements of the Bishop of Toronto, to obtain corporate powers for the intended
College, so as to enable it to hold property and become, in other respects, effective, this House
feels called upon, at the same time, to express its earnest hope that Her Majesty's Government
will not extend those powers to the prejudice of the [Provincial] Nat.onal University, by grant-
ing a Charter to the said College to confer Degrees in Arts and Sciences, — the inexpediency of
which has been so clearly demonstrated by His Excellency ; but that the powers of such a.
Charter, when granted, may be limited to conferring Degrees in Divinity ;
3. And that this House is further desirous of assuring His Excellency, that, anxiously as it
wishes to see every benefit and privilege enjoyed by other Denominations, fully extended to
Members of the United Church of England and Ireland in this Province, it is of opinion they
would, so far as Academic Education is concerned, be best secured for this Church, as well a»
for all others, by their becoming affiliated with the [Provincial] National University for the pur-
poses of instruction in the Arts and Sciences, reserving Religious Instruction to the exclusive
direction of each Denomination, in accordance with a Statute recently passed by the Visitatorial
Commission of the Toronto University, appointed by His Excellency, and which clearly points-
out the manner in which such Religious Instruction may be given ;
4. And this House desires to express its confident hope, that, if the luminous exposition of
His Excellency upon this all important subject was brought under the deliberate consideration
of a free Convocation of the Clergy, and Laity of the United Church of England and Ireland,
[in this Province], as proposed to be assembled by the Bishop of Toronto, a speedy and satis-
factory result would at once ensue, in so far as the said Church is concerned.
And the said Resolutions, being read by the Clerk, it was moved to adopt the first paragraph
thereof. In Amendment it was moved to substitute the following Address to the Queen,instead
of the foregoing Resolutions : —
To Her Most Gracious Majesty the Queen :
We, Your Majesty's Dutiful and Loyal Subjects, the Legislative Council of Canada, in
Provincial Parliament assembled, humbly beg leave to represent to your Majesty, that the
Members of the Church of England in the Diocese of Toronto have taken measures for erecting
a College in connection with their Church, which is intended to be supported wholly by voluntary
contributions, and in which tliey desire that their youth may be educated, in accordance Vith
the doctrines of their Religion. They have petitioned the Legislature, during the present
Session, for an Act of Incorporation, in order that they may more conveniently manage the
aflairs of the Institution ; and it has been represented to us, that they also desire to obtain from
Your Majesty a Royal Charter, such as has been granted to other Religious Denominations in
Canada, with power to confer Degrees in the Arts and Sciences.
We pray that Your Majesty may be graciously pleased to favour this application, as it appears
to us necessary to the (juiet contentment of a large body of Your Majesty's faithful Subjects,
and will be only granting to them what has been freely conceded, without any opposition, or
complamt, on the part of Members of the Church of England, but with their ready concurrence,
to other Religious Communities in Canada
* These Documents, relating to 1851, so far as available, will be inserted in a subsequent Chapter of this Volume. See
Note on page . *^
Chap. XXI EDUCATIONAL PROCEEDINGS OF THE LEGISLATURE OF CANADA. 245
Which being objected to, after a long debate. The question of concurrence was put thereon,
and the same was resolved m the negative. The question being then put on the main motion,
it was resolved m the aftirmative, '
It was then moved to adopt the second paragraph of the said Resolutions.
In amendment, it was moved to expunge the whole of the Resolution after the word
*' Charter," at the end of the first paragraph, and to insert in lieu thereof the words following —
"and that this House fully acquiesces in the view which His Excellency the Governor General
in concurrence with the Imperial Government, has adopted respecting the powers and privileges',
which, under existing circumstances, it is expedient to concede to Trinity College Toronto and
which are also limited by the Petition lately presented to this House on behalf of the said
College, to a grant of the usual facilities for managing its property and affairs,"
Which being objected to, after debate. The ques^on of concurrence was put thereon, and
the same was resolved in the negative.
It was then moved that, after the word " that." in the seventh line, the remainder of the
second paragraph be expunged, and the following words inserted in lieu thereof :— '• means may
be devised to satisfy the just demands of the Church of England [in Canada], without sanction-
ing a principle which would enable each Denomina:ion of Christians in the Province to obtain a
Royal Charter for an exclusive University, having power to confer Degrees in the Arts and
Sciences. Which being also objected to, after debate, The question of concurrence was put
thereon, and the same was resolved in the affirmative.
The question being then put on the main motion, (as amended,) it was resolved in the
affirmative. It was then moved to adopt the third paragraph of the said Resolution. In amend-
ment it was moved in line five, to leave out the word '* National," and insert, in lieu thereof,
*' Provincial," and after "University," and to leave out the remainder of the paragraph.
Which being objected to. The question of concurrence was put thereon, and the same was
resolved in the affirmative. The question being then put on the main motion, (as amended,) it
was resolved in the affirmative. It was then moved to adopt the fourth paragraph of the said
Resolution. Which being objected to, the question of concurrence was put thereon, and the
same was resolved in the affirmative. It was then, —
Ordered^ That the Honourable Messieurs Peter Boyle de Blaquiere, Adam Fergusson,
George J. Goodhue and James Ferrier be appointed a Committee to draft an Address, founded
on the foregoing Resolutions, (as amended.)
July 9th, 1851. — The Honourable Peter Boyle de Blaquiere, from the Select Committee
appointed to draft an Address to His Excellency the Governor General, founded on the Resolu-
tions adopted yesterday, on the subject of a University for the sole use of Members of the Church
of England, reported an Address prepared by them as follows : —
To His Excellency the Right Honourable The Earl of Elgin and Kincardine,
Governor General of British North America.
We, Her Majesty's dutiful and loyal Subjects, '■he Legislative Council of the Province of
Canada, in Parliament assembled, humbly beg leave to thank your Excellency for having com-
municated to this House the Charter applied for by the Right Reverend and Honourable John
Strachan, Bishop of Toronto, to Her Majesty's Secretary of State for the Colonies, for the sole
use of the Church of England in this Province, together with the Correspondence connected
therewith ; as also for ths subsequent Correspondence and an amended Charter applied for bj
the Bishop of Toronto on withdrawing the original Charter.
2. And we beg leave to assure Your Excellency, that this House fully and entirely con-
curs in the comprehensive views so ably expressed by Your Excellency in your Letters to Earl
Grey, Colonial Secretary, and to the Bishop of Toronto, upon the various and important matten
connected therewith. And, whilst this House expresses its readiness to co-operate in carrying
out the views of Your Execellency, thus set forth, and the reasonable require Jients of the
Bishop of Toronto to obtain corporate povrers for the intended College, so as to enable it to hold
property and become, in other respects, effective, this House feels called upon, at the same
time, to express its earnest hope, that means may be devised to satisfy the just demands of the
Church of lEngland, without sanctioning a principle which would enable each Denomination of
Christi tns in the Proviiice to obtain a Royal Charter for an exclusive University, having power
to confer Degrees in the Arts and Sciences. ■**■
3. And this House is further desirous of assuring Your "Excellency, as anxiously as it wishes
to see every benefit and privilege enjoyed by other Denominations fully extended to the Mem-
bers of the United Church of England and Ireland in this Province, it is of opinioh that they
course.
* Nevertheless the usual practice had been to grant these Charters in Upper Canada, and in Ontario, as a matter of
raa
246 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1851
would, as far as Academic Education il concerned, be best secured for this Church, as well as
for all others, by their becoming affiliated with the Provincial University.*
4. And this House desires to express its confident hope, that, if the luminous exposition of
Your Excellency upon this all important subject, was brought under the deliberate considera-
tion of a free Convocation of the Clergy and Laity of the United Church of England and Ire-
land [in this Province], as proposed to be assembled by the Bishop of Toronto, a speedy and
satisfactory result would, at once, ensue, in so far as the Church is concerned.
Which said Address being read by the Clerk, it was moved to adopt the same. Which
being objected to, the question of concurrence was put thereon, and the same was resolved in
the affirmative.
Dissentient :
First. Because we do not think that the views of the Goverment, as expressed in the
printed Correspondence referred to in the proposed Address, are such as can be expected to
appear just and satisfactory to the Members of the Church of England in this Province, who
are a numerous and respectable class of our fellow subjects.
Second. Because we cannot join in characterizing as comprehensive and able, what we
believe must be looked upon generally as illiberal, short-sighted and unjust.
Third. Because we believe, that, when the British Government first sanctioned the making
a large Reservation of Land in Upper Canada to form an endowment for a University, they con-
templated no other description of University than one in which Religious Instruction should be
given, and Degrees in Divinity conferred, in accordance with the Doctrines of the National
Church, (of England), there having been no University ever founded by the Crown up to that
time on any other principle, and the University of King's College in New Brunswick having
been just before founded by Royal Charter, and, as a matter of course, on the same principle, f
Fourth. That when, after many years of agitation by the Members of other Religious
Communities combined, the Charter of King's College was (in 1849,) destroyed, and its Endow-
ment taken from it and applied to the foundation of another College, — from which all instruc-
tion in the Doctrines of the Church of England is excluded, — it seems extremely oppressive and
ungenerous to deny to the Members of the Church of England the same right which the Crown
and Colonial Government and Legislature freely conceded to other Religious Communities, of
applying their own funds, to the support of a College, in which their youth may obtain Degrees
in the Arts and Sciences, and, at the same time, be instructed in the Doctrines of their Reli-
gion.
Fifth. Because further, the Members of the Church of England have never shown so
illiberal a spirit towards other Religious Denominations, but have always cheerfully united in
the Legislature in conferring such privileges upon them, and have offered no opposition in any
other manner to so reasonable a wish.
Sixth. Because, when Members of the Church of England see eflorts made to induce their
Sovereign to place them on grounds more disadvantageous than that of other portions of the
population, they will unavoidably be under the impression that, either from inattention to their
claim to equal justice, or from some cause, even more censurable, their Government is lending
Itself to a design to injure and oppress them, and that discontent may be thus engendered,
which it should be the object of the Government to prevent, or remove.
Seventh. Because the Correspondence, to which reference has been made in the Address,
appears to us to be intended to elicit from Her Majesty a decision unfavourable to the Church
of England, [in Canada], on very unfair grounds, by insinuating that the Government of this
Province has the means of indirectly compelling the Members of other Religious Communities to
surrender their College Charters, because, without public aid, they are unable to maintain their
Colleges, and that, if that is done, the Government can then, with less difficulty, refuse to
Charter a Church of England College, but that, if a Charter be, in the meantime, granted to the
Members of the Church of England, then their negotiations with the other Religious Bodies
may be defeated, and the monopoly of Education, which the Government desires to secure to a
University, in which the Doctrines of no Church whatever are inculcated, will be firmly
established. ''
Eighth. Because there is, in their opinion, no ground for the confident hope which this
House has expressed that, if the matter in question " were brought under the consideration of
a free Convocation of the Clergy and Laity of the United Church of England and Ireland in this
Province, a decision hostile to the wishes and claims of the friends of the University connected
with that Church would be the result ; on the contrary, the only evidence which exists should
with^hVpJoWnda/^ivereiT"^ ^^ ^^^ ^"^"^"^ Authorities of the College which the Bishop founded in 1851 to affiliate it
67. 7l"T6^aS«fo'Jr ^?>^^^^^^ °^ ^^^^^ ^^Ue^e in New Brunswick, See page.
Chap. XXI. EDUCATIONAL PROCEEDINGS OF THE LEGISLATURE OF CANADA. 247
make a directly opposite impression ; for, in regard to the first, -that is, the Clergy, -out of
one hundred and fifty, it is known that one hundred and thirt7 Members of that Body attended
on the occasion of laying the Foundation Stone of Trinity College, thus giving to its inauguration
their presence and approval ; and, m respect to the second,-that is the Laity,-they have not
only not petitioned this House against the Institution which the Bishop of Toronto has sought
to establish, but they have publicly declared in a free assembly that Religion ought to be insepar-
able from Secular Education " » f
Ninth Because we believe that a policy founded on such principles can never be long up-
held m a free Country. ^ ^
^ George S. Boulton.
Legislative Council, j^mes Gordon.
Toronto, 9th July, 1851. John Macaulay.
Ordered That the foregoing Address to Her Majesty the Queen be engrossed, and signed
by the Speaker on behalf of this House. It is further,—
Ordered, That the said Address be presented to His Excellency by such Members of the
Executive Council who are Members of this House.
July 11th, 1851. The Honourable James Leslie, Provincial Secretary, reported that he
had, according to order, waited on His Excellency the Governor General with the Address of this
House of Wednesday last, to Her Majesty the Queen, on the subject of a University for the
sole use of Members of the Church of England, [in Canada], and that His Excellency had been
pleased to receive the same graciously.
The Honourable John Macaulay presented a Petition from the Trustees of the Midland
District School Society, Kingston, praying for pecuniary aid in support of the said Society.
July 16th, 1851. A Message was brought from the Legislative Assembly by the Honourable
William Badgley and others, with a Bill intituled : " An Act to Incorporate Trinity College,"
to which they desire the concurrence of this House.
The said Bill was read for the first time, and it was ordered, that the said Bill be read
the second time to-morrow.
Jidy 17th, 1851. Pursuant to the Order of the Day, the Bill intituled : "An Act to In-
corporate Trinity College," was read a second time, and it was ordered, that the said Bill be
read a third time to-morrow.
July 18th, 1851. Pursuant to the Order of the Day, the Bill intituled, "An Act to In-
corporate Trinity College," was read a third time. The question was put, whether this Bill
shall pass ? It was res'>lved in the affirmative, and it was, —
Ordered, That one of the Masters in Chancery do go down to the Legislative Assembly, and
acquaint that House, that the Legislative Council have passed this Bill without any amendment.
August 2nd, 1851. The Speaker commanded the Gentleman Usher of the Black Rod to let
the Assembly know " it is His Excellency's pleasure they attend him immediately in this House."
The Members of the House of Assembly being come with their Speaker, the Clerk of the
Crown in Chancery read the Title of a Bill which Bill was assented to in Her Majesty's name by
His Excellency the Governor General, as follows : —
" An Act to Incorporate Trinity College."
August 15th, 1851. A Message was brought from the Legislative Assembly by the Honour-
able Henry John Bou ton and others, to return the Bill intituled : "An Act to Incorporate the
Toronto School of Medicine," and to acquaint this House that they have passed the same, with
several amendments, to which they desire the concurrence of the Legislative Council.
August 27th, 1851. A Message was brought from the Legislative Assembly by Mr. James
Smith, and others, with a Bill intituled : " An Act to Repeal the provision Limiting the Dis-
tance between the County Town and any additional Grammar School in the same County in
Upper Canada," to which they desire the concurrence of this House.
The said Bill was read for the first time, and it was ordered that the said Bill be read the
second time presently.
A Message was brought from the Legislative Assembly by the Honourable William Badgley
and others, to return the Bill intituled : "An Act to Incorporate the Burlington Ladies*
Academy," and to acquaint this House that they have passed the said Bill, with an amendment,
to which they desire the concurrence of the Legislative Council.
Which said amendment was then read by the Clerk as follows : —
Clause ^ ; " And he it enacted. That it shall be the duty of the said Corporation, at all times,
when they may be called upon so to do by the Governor of this Province, to render an accr>unt,
in writing, of their property and affairs, in which shall be set forth, in particular, the income by
•
248 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1851
them derived from property held under^his Act, and the means by which the same has been ac-
quired ; also, the number of Members of the said Corporation : the number of Teachers em-
ployed in the various branches of instruction ; the number of Scholors under instruction ; and
the course of instruction pursued."
The said Amendment being read a second time, and the question of concurrence put thereon,
the same was agreed to by the House, and it was ordered, that one of the Masters in Chancery
do go down to the Legislative Assembly, and acquaint that House that the Legislative Council
have agreed to their Amendment made to this Bill, without any amendment.
Pursuant to Order, the Bill intituled : *' An Act to Repeal the provision Limiting the Dis-
tance between the County Town, and any additional Grammar School in the same County in
Upper Canada," was read a second time, and it was referred to a Select Committee of three
Members, consisting of the Honourable Messieurs James Crooks, Adam Fergusson and James
Morris, to meet and adjourn as they please.
August 28th^ 1851. The Honourible James Crooks, from the Select Committee to whom
was referred the Bill intituled .* " An Act to Repeal the provision Limiting the Distance between
the County Town and any additional Grammar School in the same County in Upper Canada,"
reported, that they had gone through the said Bill, and had directed him to report the same to
the House, without any amendment. It was then
Ordered, That the said Bill be now read for the third time. The same was then read a
third time accordingly. The question was put, whether this Bill shall pass ? It was resolved
in the affirmative. It was further, —
Ordered, That one of the Masters in Chancery do go down to the Legislative Assembly, and
acquaint that House that the Legislative Council have passed this Bill, without any amendment.
Aiigust SOth, 1851.— The Speaker commanded the Gentleman Usher of the Black Rod, to let
the House of Assembly know, that " It is His Excellency's pleasure that they attend him immedi-
ately in this House " The Members of that House being come, with their Speaker, the Clerk of the
Crown in Chancery read the titles of the Bills which were severally assented to by His Excel-
lency the Governor-General, in Her Majesty's Name, as follows : —
An Act to Define and Restore certain Rights to Parties therein mentioned.
An Act to Repeal the provision Limiting the Distance between the County Town and any
additional Grammar School in the same County in Upper Canada.
An Act to Incorporate the Toronto School of Medicine.
An Act to Incorporate the Burlington Ladies' Academy.
His Excellency closed the Session of the Legislature with a Speech from the Throne, in
which he made no reference to Educational matters.
CHAPTER XXII.
EDUCATIONAL ACTS PASSED BY THE LEGISLATUEE OF THE PRO-
VINCE OF CANADA IN 1851.
14th and 16th VICTORIA, CHAPTER XXXII.
An Act to Incorporate Trinity College, Toronto.
The Earl of Elgin and Kincardine, Governor-General. **■
Passed on the 2nd August, 1851.
Preamble. Whereas it has been represented to the Legislature of this Province, that
divers mhabitants of the said Province have used their efforts to establish a College
m connection with the United Church of England and Ireland, in the City of
loronto under the style and title of Trinity College, and are engaged in erecting
and establishing the same ; And
Whereas it would tend greatly to advance and extend the usefulness of the
said College, and to promote the purpose for which it was established, that it should
be incorporated ;
Ohap. XXII. EDUCATIONAL ACTS PASSED BY THE LEGISLATURE IN 1851. 249
Be it therefore enacted by the Queen's Most Excellent Majesty, by and with
the advice and consent of the Legislative Council and of the Legislative Assembly Imperial Act.
of the Province of Canada, constituted and assembled by virtue of and under the
authority of an Act passed in the Parliament of the United Kingdom of Great
Britain and Ireland, and intituled : An Act to Re-unite the Provinces of Upper
.and Lower Canada,' and it is hereby enacted by the authority of the same,
I That there shall be and there is hereby constituted and established at the Corporation of
City of Toronto, a body politic and corporate, under the name of Trinity CoUese 'f"'»<^y College
which Corporation shall consist of— ^ ' established ; of
^ whom 10 consist.
Firstly : The Lord Bishop of Toronto, or, in case of the division of the said
Diocese, then the Bishops of any Dioceses into which the Diocese of Toronto may
liereafter be divided.
Secondly, the Trustees of the said Trinity College ; and.
Thirdly, the College Council of the said Trinity College, not less than three in
number ; which said Trustees and the Members of the said College Council shall
be named in the first instance by the Lord Bishop of Toronto,* and shall, in the
•event of their death, removal from the Province, dismissal from office, or resigna-
tion, be replaced by other persons, to be named in like manner, or in such other
manner as may, from time to time, be directed by any Statute of the said College,
to be passed for that purpose, and so on continually for ever.
II And be it enacted. That such Corporation shall have perpetual succession, Corporate
.and have a Common Seal, with power to change, alter, break, and renew the same, P^^ers
when, and as often as, they shall think proper ; and the said Corporation may,
under the same name, contract and be contracted with, sue and be sued, implead
-and be impleaded, prosecute and be prosecuted, in all Courts and places whatsoever
m this Province, and shall have full power to make and establish such and so many S***^"*^es
Rules, Orders and Regulations, (not being contrary to the Laws of the Country, or
this Act), as they shall deem useful, or necessary, as well concerning the System of
Education in. as for the conduct and government of, the said College, and of a
preparatory School connected with, or dependent on, the same, and of the Corpora-
tion thereof, and for the superintendence, advantage and improvement of all the
property moveable, or immoveable, belonging to, or which shall hereafter belong Property
to the said Corporation ; and shall have power to take, under any legal title
whatsoever, and to hold for the said College, without any further authority,license,
or Letters of Mortmain, all land and property moveable, or immoveable, which
may hereafter be sold, ceded, exchanged, given, bequeathed, or granted, to the said
Corporation, or to sell, alienate, convey, let, or lease, the same if need be ; Pro-
vided that the total yearly revenue from the property so acquired, shall not, at any
time, exceed the sum of Five Thousand pounds (£5,000 ) ; and the said Corporation
shall further have the right of appointing an Attorney, or Attorneys, for the Appointing
management of its afiairs and all other rights necesarily incident to a Body Corpo- ^meys
rate : Provided always, th*t no Rule, Order, or Regulation, which shall be made ^n^era powers
and established by the said Corporation in manner aforesaid, shall be of any force, statutes' to be
or effect, until the same shall have been sanctioned and confirmed by the said Lord subject to ap-
Bishop, or Bishops, as aforesaid. proval of Bishop.
III. And he it enacted, That all the property which shall, at any time, belong To whatj)ur-^
to the said Corporation, as well as the revenues thereof, shall, at all times, be shalTb^'^applied.
exclusively applied and appr jpriated to the advancement of education in the said
College, or a Preparatory School connected with, or dependent, on the same, and
to no other object. Institution, or Establishment, whatever.
IV. And be it enacted. That it shall be the duty of the said Corporation at all reSlfcJcou^ts
times, when they may be called upon so to do by the Governor of this Province, to &c.
render an account in writing of their property, in which shall be set forth, in par-
ticular, the income by them derived from property held under this Act, and the
source from which the same has been derived, also the number of Members of the
said Corporation, the number of Teachers employed in the various branches of
instruction, the number of Scholars under instruction, and the course of instruction
pursued.
V. And be it emicted. That this Act shall be considered a Public Act, by all Public Act.
Judo^es, Justices of the Peace, and Officers of Justice, and by all other persons
whomsoever, and shall be judicially taken notice of without being specially pleaded.
VI And be it enacted, That this Act shall not extend to weaken, diminish, or gjj^^„^ Jc Sved.
extinguish, the rights and privileges of Her Majesty, Her Heirs and Successors,
nor of any other person, or persons, body politic, or corporate, excepting only such
rights as are hereby expressly altered, or extinguished.
*These appointments are given in a subsequent Chaptei".
250
DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA.
1851
14th and 15th#VICT0RIA, CHAPTER CXI.
A.N Act to Define and Restore Certain Rights to Parties Therein Mentioned.*
The Eabl op Elgin and Kincardine, Governor-General.
Passed on the 30th August, 1851.
Preamble, Whereas it is expedient to remove doubts which have arisen in regard to eer-
13th & 14th Vict. **ii^ provisions of the ]Nineteenth Section of an Act passed in the Thirteenth and
chap. 48 cited. Fourteenth Years of Her Majesty's Reign, and intituled : "An Act for the Better
Establishment and Maintenance of Common Schools in Upper Canada " t; and
Whereas it is inexpedient to deprive any of the Parties concerned of Rights
which they have enjoyed under preceding School Acts for Upper Canada.
Be it therefore enacted by the Queen's Most Excellent Majesty, by and with the
advice and consent of the Legislative Council and Legislative Assembly of the
Province of Canada constituted and assembled by virtue of and under the authority
Imperial Act. of an Act passed in the Parliament of the United Kingdom of Great Britain and
Ireland and intituled : "An Act to Re-unite the Provinces of Upper and Lover
Canada and for the Government of Canada," and it is hereby enacted by the author-
ity of the same,
Each party ap-
plying shall be
entitled to have
a Separate
School.
Proviso.
I. That each of the parties applying, according to the provisions ot the said
Nineteenth Section of said Act, shall be entitled to have a Separate School in each
Ward, or in two, or more. Wards united, as said party, or parties, shall judge ex-
pedient in each City, or Town, in Upper Canada : Provided always, that each such
School shall be subject to all the obligations and entitled to all the advantages im-
posed and conferred upon Separate Schools by the said Nineteenth Section of said
Act.
14th and 15th victoria, CHAPTER CXXV.
An .Act to Repeal the Provision Limiting the Distance Between the County Town
AND ANY Additional Grammar School in the Same County, in Upper Canada.
The Earl of Elgin and Kincardine, Governor-General.
Passed on the 30th August, 1851.
Preamble.
Imperial Act.
Part of sect. 6
of 405 Vict. c.
19 repealed.
Payment of
allowance to be
authorized in a
certain case.
Whereas inconvenience has arisen from the Proviso hereinafter mentioned :
Be it therefore enacted by the Queen's Most Excellent Majesty, by and with th&
advice and consent of the Legislative Council and of the Legislative Assembly of
the Province of Canada, constituted and assembled by virtue of and under the
authority of an Act passed in the Parliament of the United Kingdom of Great
Britain and Ireland, and intituled : " An Act to Re- unite the Provinces of Upper
and Lower Canada, and for the Government of Canada," and it is hereby enacted
by the authority of the same,
I. That so much of the Sixth Section of the Act passed in the Session held in
the Fourth and Fifth Years of Her Majesty's Reign, and intituled : "An Act to
make Temporary Provision for the Appropriation of the Funds derived from the
sale of School Lands in that part of the Province formerly Upper Canada, and /or
other purposes," as is in the words following: — "Provided any such additional
School shall not be within six miles of the ' District Town,'" shall be and is hereby-
repealed.
II. And be it eimcted^ That, notwithstanding the provision of an Act passed in
the Ninth Year of Her Majesty's Reign, intituled : " An Act to amend the Act
therein mentioned relating to the Appropriation of Moneys derived from the sale
of School Lands in Upper Canada," it shall and may be lawful for the Governor^
by and with the consent of the Executive Council, to authorize the payment of the
annual allowance to the Board of Trustees of any School, if not less than twenty
Scholars shall be educated therein.
♦ For the causes which led to the passing of this Act, see pages 239 of this Volume.
Chap. XXII. EDUCATIONAL ACTS PASSED BY THE LEGISLATURE IN 1851.
14th and 15th victoria, CHAPTER CLXVI.
An Act to Incorporate the Burlington Ladies' Academy, Hamilton.
The Eabl of Elgin and Kincardine, Governor-General.
Passed on the 30th August, 1851.
Be it enacted by the Queen's Most Excellent Majesty, by and with the advic
and consent of the Legislative Council and of the Legislative Assembly of the Prov-
ince of Canada, constituted and assembled by virtue of and under the authority of
an Act passed in the Parliament of the United Kingdom of Great Britain and Ire-
land, and intituled : " An Act to Re-unite the Provinces of Upper and Lower
Canada, and for the Government of Canada," and it is hereby enacted by the
authority of the same,
I. That the Mayor of the City of Hamilton, for the time being, George Syl-
vester Tiffany, John W. Hunter, Edward Jackson, John Fisher, Daniel Cummings
, Van Norman, Peter Carroll, Robert R. Smiley, Charles Newby Sims, Samuel
Black Freeman, Michael Aikman, Alexander Hopkins, and Caleb Hopkins Van
Norman, and their Successors, shall be, and they are hereby constituted a Body
Corporate, by the name of "Burlington Ladies' Academy," to be located at the
City of Hamilton, for the purpose of establishing, maintaining and conducting a
Seminary of Learning, for the Education of Females, and the persons above named
shall be the Trustees of the said Corporation.
II. And be it enacted, That the said Corporation shall have power to purchase,
take and hold, real and personal Estate, to the annual value of Fifteen Hundred
pounds, (£1,500), Halifax Currency, and to lease, sell, or otherwise dispose of the
same, for the use of the said Institution.
III. And he it enacted^ That the Trustees shall have power to elect the Faculty
of the Institution, form Regulations and By-Laws, prescribe the Course of Study,
hold Examinations, and regulate the Government and Instruction of the Students,
and to fill all vacancies that shall occur in their Board.
IV. A nd he it enacted^ That there shall always be Thirteen Trustees of the
said Corporation, excepting when a vacancy, or vacancies, shall occur, which va-
cancy, or vacancies, shall be supplied as aforesaid, within one month after they
may happen ; and that five of said Trustees shall constitute a quorum for the trans-
action of business.
V. And he it enacted. That, upon the death, resignation, or removal from
this Province, of any Trustee, his vacancy shall be filled, as hereinbefore provided.
VI. knd he it enacted. That it shall be the duty of the said Corporation, at all
times, when they may be called upon so to do by the Governor of this Province,
to render an account in writing of their property and affairs, in which shall be set
forth, in particular, the Income by them derived from property held under this Act,
and the means by which the same has been acquired, also the number of Members
of the said Corporation, the number of Teachers employed in the various branches
of Instruction, the number of Scholars under Instruction, and the course of Instruc-
tion pursued.
Preamble.
Real Estate.
By-laws.
Trustees.
Vacancies.
To render
Account etc.,
If called upon
by the Gover-
nor.
252 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1851
CHAPTER XXIII.
DOCTOR STRACHAN'S FURTHER "CHURCH UNIVERSITY"
CORRESPONDENCE.
Part V., 1851 ; Continued from Page 118 of this Volume.
In Chapter VI of this Volume, I inserted those portions of a voluminous
Correspondence which took place on the " Church University " question between
Bishop Strachan, (while in England in 1850,) and Earl Grey, tl e Colonial
Secretary.
This Correspondence was moved for in the Legislative Council by the
Honourable Peter Boyle de Blacquiere, the first Chancellor of the University of
Toronto, and was laid before that Council in two Parts, on the 5th of June, 1851.
A supplementary Return, with the rebt of the Correspondence, was laid before
the Council on the 30th of the same month
The Correspondence, which took place between Doctor Strachan and the
Colonial Secretary in 1850— and that with Members of the Church of England in
Canada and in England, — is published in Chapter VI of this Volume,— pages 91-
122. The remainder of that Correspondence, including Despatches on the subject
to and from the Governor General and the Colonial office, in 1851, is published
in this Chapter.
This episode in the troubled history of the " University Question " of Upper
Canada, which, in these early days, led to so much animated discussion, is both
interesting and instructive. The personal feeling, and consequent acrimony
which entered so largely into that discussion was greatly promoted and
increased by the persistence of both parties to the controversy in insisting
upon the establishment of but one College in the Province, and in thus
ignoring the generous terms of the original Imperial Grant of Crown Lands in
1797, which provided for the establishment of Grammar Schools and of " Other
Seminaries of a Larger and more Comprehensive Nature." This wider inter-
pretation of the terms of the Royal Grant of 1797 was clearly the one put upon it
by Sir John Colborne, the founder, in 1829, of Upper Canada College, (which
was endowed with 66,000 acres of Crown Lands), who, in his Message to the
House of Assembly, in 1832, referred to this Imperial Grant of 1897 as having been
made " for the support of Grammar Schools and Colleges." In a subsequent
Message to the House in 1835, he again referred to the same Royal Grant as
having: been made " for Schools and Larger Seminaries."
It is true that the " Church University " case (of 1850, 1851), as stated and
argued in the Correspondence on the subject, which is published in Chapter VI
and in this Chapter, did not involve the same questions as did the old King's
College controversy. Although it was the natural sequel to that controversy,
and grew out of it ; yet, unliue it, neither grant of lands, nor money, was asked
for by the promoters of this " Church University." They simply claimed the
Chap. XXIII. DOCTOR STRACHAN'S "CHURCH UNIVEKSITY" CORRESPONDENCE. 253
right of existence, and insisted upon the issue of a Royal Charter for the estab-
lishment of their proposed College, as was granted in the case of Victoria College,
as also in that of Queen's College. Yet underlying the whole subject was the latent
idea, cherished, yet not clearly, nor strongly, expressed on either side, that the Im-
perial Grant of 1797 was intended, (as held by the one party,) for such a Church of
England Collesje as that of King's College, and, (by the other party,) that such a
College should be a Provincial one, " pure and simple," and that it should have
no rival. This view w^as, in effect, the one taken by Chancellor de Blaquiere in
his (dralted) Address of the Senate of the University of Toronto to the Governor
General of the 7th of November, 1850, (pages 130, 131 of this Volume,) in which
he said : —
*' It is highly injurious to the great interests involved in this question, and which embrace
the present, as well as rising generations of Canada, to permit the revival of an Institution,
wholly exclusive in its nature, and, therefore, unsuited to the well-being of this Province, and
which is intended to withdraw from the University of Toronto a large and influential portion of
the community, many of whom are actually reaping great benefits from this Institution, and
others are preparing to enter it, when sufficiently advanced, without the present means, or
further prospect, of being able to provide for this section of the inhabitants that high academic
education thus recklessly intended to be thrown aside." . . .
It will be noticed that the same deprecatory tone, as to the existence of more
than one University, is quite perceptible in Lord Elgin's Despatch to Earl Gray
of the 4th of February, 1851, (pages 256-259,) in the following Letter addressed
by the Provincial Secretary to Doctor Strachan. In that Letter he says that, —
"There are grave objections to the multiplication of Academic Institutions, having
authority to grant Degrees. . . Authority to grant such Degrees has been conferred on the
two Denominational Colleges of Queen's and Victoria. It may be doubtful, however, whether
they have, in effect, derived any essential benefit from its fxercise ; and, on the whole. His
Excellency is inclined to think, that the case of the Institutions in question furnishes an
argument rather against the expediency of conferring such powers, than in favour of it."*
I. Letter from the Provincial Secretary to Doctor Strachan, January, 1851.
1. I am directed by the Governor General to State, for your information, that a Correspon-
dence between your Lordship and the Colonial Secretary, transmitted to His Excellency by Earl
Grey, in a Letter dated the 29th of July last, [page 107] aad comprisini? with other Documents,
the Draft of a Charter for a proposed University in connection with the Church of England, |
[in Canada,] has engaged, for some time past, the anxious attention of His Excellency and
the Executive Council.
2. His Excellency regrets to find in this Correspondence, statements reflecting on the course
taken by the Provincial Government and Parliament, with respect to the University of Toronto,
which he believes to be incorrect, and against which it will be his duty, when the fitting occasion
arrives, to record his protest.
3. Omitting, however, for the present, further reference to these points and looking merely
to the practical object which your Lordship had in view, in your Communication with Earl Grey,
I am desired by His Excellency to observe, that, while he is most desirous that the means of
obtaining Education in its highest branches should be placed as extensively as possible within
the reach of the youth of the Province, he conceives that there are grave objections to the
multiplication of Academical Institutions, having authority to grant Degrees in Arts, in a
Country where the number of young men who can devote to study the necessary time to qualify
them for such Degree is not large.
* In the Address of the Senate of the University of Toronto, dated the 7th of November, 1850, (page 131) it is stated
that, " In the short ppriod, which has elapsed since the estabUshinent of Victoria Collej^e, it has entirely failed for want of
necessary funds, and the Institution has been closed, its buildings at Cobourg have been soldfandan Act of the Legislature
in the last Session has authorized the removal of the Site of this College to Toronto.
tThis statement is quite incorrect. Victoria College was not "closed" in 1850, nor were its Buildings sold for forty
years afterwards. The Site of the College was not removed to Toronto until the early eighties.
I Printed on pages 99-102 of this Voluniel
254 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1851
f
4. It is true, that the authority to grant such Degrees has been conferred on the two Deno-
minational Colleges of Queen's and Victoria. It may be doubtful, however, whether they have,
in eflfect, derived any essential benefit from its exercise ; and, on the whole. His iLxceliency is
inclined to think that the case of the Institutions in question furnishes an argument rather
against the expediency of conceding such powers than in favour of it.
5. It may. however, be observed that, if a Denominational character had not been originally
imparted to King's College, these Charters would in aU probability, not have been granted.
Under these circumstances His Excellency is desirous, before replying to the Communication
which Earl Grey has addressed to him on this subject, to ascertain whether a Royal Charter m
favour of the Institution which you propose to establish, restricting the power of granting
Degrees to those in Divinity, would be acceptable to your Lordship, and the Members of the
Church of England in Canada generally.
C. It appears to His Excellency that such a College, under your Lordship's immediate
direction and control, would afford a better security for ihe faith and morals of the youth of the
Church, who might frequent the University of Toronto, than was given by the Constitution of
King's College, as fixed by the Act of 1837, 7th William IV, Chapter 18, under which that Insti-
tution was brought into operation.
Toronto, 11th January, 1851. James Leslie, Secretary.
II. Doctor Strachan's Reply to this Letter of the Provincial Secretary.
1. I have the honour to acknowledge your Letter of the 11th instant, on the subject of the
on any occasion, failed to remember the respect due to His exalted station, or the courtesy
which it is equally my inclination and my duty to exhibit towards His Excellency personally,
You do not, indeed, intimate that His Excellency entertains any such impression.
2. With regard to any statements which are to be found in my Correspondence, reflecting
on the course taken by the Provincial Government and Parliament, with respect to the Univer-
sity of Toronto, I have only to observe that it would have been difficult for me to have expressed
myself more strongly than I have felt ; for, it is my sincere conviction that we should look in
vain in the history of any Country, governed by British Laws, for instance, in which such an
entire disregard had been shewn for Chartered Rights, as in the destruction of King's College,
and the appropriation of its property.
3. I have said nothing on this point which I do not believe myself fully able to maintain ;
and am under no apprehension of my statements being successfully opposed in any quarter,
where I have an opportunity of being heard.
4. I have given my best consideration to the remarks which His Excellency has done me
the honour to submit to me, for the purpose of shewing that it is of small importance to the
Members of the United Church of England and Ireland in this Diocese, — containing, I think,-
about 800,000, inhabitants, — that they should possess an University with the privilege of con-
ferring Degrees in the Arts. The other Religious Denominations, which at present enjoy this
advantage, by the favour of the Government, do not, as it appears, estimate it highly ; and I
cannot say, that I feel the force of any reason which have been yet given for hesitating to grant
the same privilege to the Members of the National Church [of England in Canada].
5. Their number in this Diocese, (not less, I suppose, than 200,000,) certainly gives them a
stronger claim than can be urged on the same ground by the Members of any other Reli-
gious Body, as the published Returns of the Population shew beyond question.* It may be
apprehended that, if the proposed Church of England University should be incorporated, accord-
ing to the prayer of the Members of that Church, its success might be injurious to the Toronto
University, which has been raised upon the ruins of King's College, and supported with its
funds.
6. But I can hardly persuade myself that, because it has been thought expedient to deprive,
of its property and its Charter, a College founded by the Sovereign, in avowed connection with the
Established Church of the Empire, it can be thought a just policy to withhold from the Mem-
bers of that Church the possibility of repairing the injury, by denying to them the same
privileges that have been granted to others, of ediucating their youths from their own resources,
in their own way, with the power of conferring upon them Degrees to mark their proficiency
in the different branches of learning.
Inl850, the Religious Census of that year showed that, in the Diocese of Toronto, as it then existed, the Church of
England population v.^&8 182,623 ; the Presbyterian, 161,016 and ^he Methodist, 147,758 ; in 1891 the Religious Census
showed that the following were the comparative numbers of the various Denominations in the same Diocese : Churoh
M Jh£j^"f ' ^ '^ L? «T.*?oo''^^5''^' ^^^'^ ' Baptists, 106,047 : others, (Congregations, etcetera,) 156,795, While the
K^^*^fi,"n'i!^^'"^ 654,033. and the Presbyterians, 453,147, or a total of 1,087,780. All the other Denominations,
including the Church of England, only numbered 1,007,141 in 1891 .
Ohap. XXIII. DOCTOR strachan's "church university" correspondence. 255
7. The Government ^vill surely not debar them from the privilege, which others enjoy, of
educating their youth in a College strictly connected with their Church, in order to force them
into another Institution, which is prohibited from inculcating her doctrines.
8. That would be making one injury the ground for comitting another; and it would be
expecting too much from the Members of the Church [of England] to suppose that they could be
content to be placed, for such reasons, under such disadvantages. Neither do I believe that it
can be made to appear reasonable to the many thousands, who woi.ld be so deeply affected by
it, that the Government have readily granted Charters for College: to the other large Bodies of
Christians who have desired them, should now, for the first tmie, aiscover that this has been an
erroneous policy, and should be determined to Grant no more exclusive Charters, just at that
point of time when such a decision would have the effect of leaving the National Church in a
position, inferior to that of other Religious Denominations, though in number she exceeds
them.
9. His Excellency may be assured that the Members of the Church of England do not value
the advantages they are soliciting less than others value it, and they will not easily be made to
feel that they deserve it less.
10. What they desire, and earnestly hope to obtain, is a Charter from the Crown, on the
principle at least as sound as that which they had received from the same high authority, and
which has, by an Act hitherto unprecedented in Colonial Legislation, been taken from them.
They are reluctant to believe that this will be long denied them by their Sovereign ; for they
have done nothing to forfeit their right to equal justice.
11. For any assistance, towards that end, which His Excellency may render to them, they
will,. I am sure, be most grateful ; and if, in the meantime, the Legislature shall, upon His
Excellency's recommendation, grant a Charter of Incorporation, though it should be to no
greater extent than to give them the usual facility for managing their property and affairs, they
would, I have no doubt, esteem it a very considerable advantage.
12. Yet they would, I believe, never cease to indulge the reasonable hope, that the Govern-
ment would consent to grant them a perfect Charter, nor would they solicit a restricted one with
the remotest intention of affiliating with Toronto Univ^ersity.*
13. It cannot, I believe, be the opinion of His Excellency, that the Members of the Church
of England are not so numerous as to make their wish a reasonable one, when they desire to
have, complete within themselves the means of giving a sound and liberal education to their
youth ; for he is aware that Scotland, when its whole population did not nearly equal that of
Upper Canada, contained five Universities granting Degrees.
Toronto, 20th January, 1851. John Toronto.
III. Reply of the Provincial Secretary to this Letter from Doctor Strachan.
1. I am directed by the Governor General to acknowledge the receipt of your Lordship's
Letter of the 20th instant, and to state in reply, that His Excellency will be happy to afford such
aid as it is in his power to bestow, towards procuring for the Educational Institution, which you
desire to establish, in connection with the Church of England, a Charter of Incorporation,
giving the usual facilities for managing its property and affairs.
2. I am further to add, with reference to the more perfect Charter to which your Lordship
alludes, that His Excellency would consider, should no other alternative than this ultimately
present itself, that it would be a lesser evil to multiply Colleges within the Province author-
ized to confer Degrees in Arts, notwithstanding the manifest tendency of such a system
to detract from the value of those Degrees, than to subject the Members of the Church of
England to injustice.
He is not, however, prepared to abandon the hope, that the Members of the Church, as well
as of other Denominations possessing incorporated Colleges, may yet be induced to participate in
the advantages offered to Students by the Toronto University. Meanwhile, he must not
be supposed to admit that he concurs in the opinion, that the Members of the Church of England
in this Province, numbering, according to your Lordship's computation, 200,000, are unani-
mously in favour of the establishment of a Denominational University, upon the princi^es
embodied in the Draft Charter submitted by your Lordship to Earl Grey. On the contrary. His
Excellency knows that, among the most zealous supporters of the system of united education,
are some sincerely attached Members of the Church of England ; while, as regards others, he
has no reason to believe that considerable difference of opinion prevails with respect to the terms
in which a Charter for an exclusive University ought to be conceived.
*How little did the Bishop in 1851 anticipate that fifty years after his Letter was written, ttie Authorities of the Church
University, which he had founded, would, in 1902, propose to affiliate with the University of Toronto.
256 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1851
3. With respect to the first clause of your Lordship's Letter, I am directed by His-
Excellency to assure you that nothing could be further from his intentions than to convey the
imoression, that there had been any lack of courtesy in your Lordship's Communications with
him. No such ground of complaint, in His Excellency s opinon, exists ; but, were it ev»-n
otherwise, His Excellency feels too keenly the momentous character of the subject under
discussion, and is too sincerely desirous to arrive at a solution of the difficulties encompassing
it which shall reconcile the rights of conscience with the moral and social interests of the
Province, to have permitted himself to allude to a merely personal question at such a time.
4. As your Lordship, however, reiterates in this Letter the very serious charges which you
have, on form.er occasions, advanced against the Piovincial Government and Parliam^^nt ;.
alleging that it ia your sincere conviction that we should look in vain, in the hi-tory of any
country, governed by British Laws, for an instance in which such entire disregard had been
shewn to Chartered rights ; His Excellency considers himself bound in fairness to remark,
that these strictures, if just, apply more correctly to the provisions of the University Act of 1837.
7th William IV, Chapter 18, which superseded the Royal Charter, and did away with all tests,
even as respects Professors, than to those of the Acts passed during the last two Sessions of the-
Provincial Parliament of 1849 and 1850. Moreover, he must observe, that the Legislation, sa
severely characterized by Your Lordship, was consequent on an attempt to establish in the
Province by Royal Charter, an University, supported by Public Funds, on principles, against
which the popular branch of the Legislature repeatedly and deliberately protested, and that it
was resorted to by the local Parliament on the invitation of successive Secretaries of State and
Governors who seem to have desired, by this means, to avert the consequences of an Act of
which they recognized the improvidence.
ToEONTO, 24th January, 1851 . James Leslie, Secretary.
IV. The Governor General Lord Elgin's Despatch to the Colonial Secretary.
1. With reference to Your Lordship's Despatch, of the 29th July last,* I have the honour
to submit for your information, the Copy of a Correspondence which has recently passed
between the Provincial Secretary and the Lord Bishop of Toronto, [pages 9J -117 herewith] on the
subject of the proposed establishment, by Royal Charter, of a University in Upper Canada^
exclusively connected with the Church of England. Your Lordship will perceive from the
latter portion of the Correspondence, that this Government is prepared to afford the Bishop all
the aid in its power towards procuring, for the Educational Institution, which he desires to
establish, a Charter of Incorporation, giving the usual facilities for managing its property and
affairs.
2. With reference to the more perfect Charter sought for by His Lordship, the Government
apprehends that the multiplication of Colleges having authority to grant degrees in Arts in this.
Province, at the presefit stage of its growth in wealth and population, is open to very serious
objection. The authority in question would not, it is believed, have been granted to the
Denominational Colleges of Queens and Victoria, which are referred to by the Bishop, if the
Charter of King's College has been originally framed on a comprehensive principle, or, if the
provisions of the Provincial Act of 1837 : 7th William IV., Chapter 18, under which that
Institution came into operation, had been carried out according to its true intent and meaning.
The Governtnent still entertains the hope that the Members of the Church, as well as of other
Denominations possessing incorporated C dleges, will be induced to participate in the advant-
ages offered to Students by the Toionto University.
3. While, therefore, it would view with satisfaction the establishment of a College, in con-
nection with the Church of England, having authority to confer Degrees in Divinity, it would
consider the grant of such a Charter as the Lord Bishop had applied for, premature, until it
should be shown that this hope must be abandoned, and that the Members of the Church [of
England here] are generally at ouh, not only as to the principle of an exclusive University, but
also as to the ternw in which the darter constituting it should be conceived.
4 As regard the last mentioned point, I beg to call your Lordship's attention to the first
part of the enclosed Correspondence, which has reference to an application addressed to me
by the Honourable Peter B. de Blaquiere, (Chancellor of the University of Toronto,) for a copy
of the Di-aft Charter subnuttel to your Lordship by the Bishopt From a further Corrfspon-
dencj betyee i the Lord Bishop and Mr. de Blaquiere, which has been published in the News-
lupjrs I fear that the Bishop c>»n3iders that the Draft in question is still open to revision and
c jrrechion. If so, I cannot but think that it is fortunate that your Lordship declined to acc»^de
to the application for a Charter which the Bishop pressed upon you while in England. For,
had it once issusi in terms of the Draft, its provisions could not have been aft-rwards altered
* Printed on paje 1.17 of this Volume.
tA cjpy 32 :'.\u Draf. Ohi.isr ii prinocJ oa pa,'i< 9)-102 of this Volu n;
Chap. XXIII. DOCTOR stuachan's "church university" correspondence. 267
in any material point, without giving ri-e to questions touching interference with Chartered
Rights, akin to those which have so greviously embittered the Controversies that have taken
place at various periods, with respect to the amendment of the provisions of the original
Charter of King's College. Under all the circumstances of the case, I trust that your Lord-
ship will concur with me in thinking that it is expedient that a decision in favour of the Lord
Bishop's application should be, at least for a time, suspended.
5. It may be necessary, before I close this Despatch, that I should offer some remarks on
the very serious charges which are advanced against the Provincial Government and Parliament
in the Correspondence which your Lordship has transmitted to me. I approach the subiecb
with reluctance, for [ should deeply regret it, if anything were to fall from me which was 'cal-
culated to keep up the asperity of feeling from which the interests of Education in Upper Can-
ada have already so cruelly suffered I fear, however, that if I were to abstain from the notice
of these charges, it might be supposed that I admitted the accuracy of the representations on
which they are founded.
6. In the Letter addressed by the Bishop to the Provincial Secretary, under date the 20th
of January last,^ of which the copy is herewith enclosed ; the charges to which I refer are al-
luded to in the following words : -
"With regard to any statements, which are to be found in my Correspondence, reflecting on the
course taken by the Provincial Government and Parliament with respect to the University of
Toronto, T have only to observe that it would have been difficult for nie to have expressed myself more
strongly than I have felt, for it is my sincere conviction that we should look in vain, in the History of
any Country, governed by British Laws, for an instance in which such an entire disregard had been
shewn for Chartered Rights as in the destruction of King's College and the appropriation of its
property ; "
And again, I find in the Report, which His Lordship furnished to you. of a conversation
which took place between himself and the late Sir Robert Peel, a paragraph which defines yet
more accurately the view which he entertains on this point. The Bishop there represents
himself to have said : —
"But the College, or University, of Toronto, is founded on the ruins of King's College, whose
Royal Charter it has repealed, under the pretence of amending it, and whose endowment of Eleven
Thousand pounds, (£11,000,) per annum, though secured by a patent from the Crown, and guaran-
teed by the pledge of three Kings, it has seized and appropriated to itself." "Then," if I under-
stand it," said Sir Robert, "the Government would have made a parallel case had they seized upon
Trinity College, Dublin, and not only destroyed its religious character, but endowed with its property
all the new Colleges."
*' Such," I answered, "would have been a case exactly parallel."
7. These representations have produced, as might have been anticipated, very consider-
able effect. I have before me an address in favour of the Church University, signed by English
Noblemen and Gentlemen of high character and station, in which is the epithet : "Anti-Chris-
tian," is applied to the University of Toronto. Among the names appended to this address are
those of Statesmen who, like the late Sir Robert Peel, promoted the establishment of the Queen's
Colleges in Ireland. So severe a condemnation, by such an authority, of an effort made, within
a smaller sphere indeed, but against difficulties hardly less formidable, to establish a system of
united Education in a community long vexed by religious dissensions, implies, it may be
presumed, on the part of the subscribers, a very profound conviction, that the means adopted
for compassing the end in view, were in their nature immoral.
8. The accuracy of the parallel, which the Bishop endeavours to establish, between the
course which the Canadian Legislature has pursued with reference to King's College, and
a supposed confiscation of the revenue of Trinity College, Dublin, for the benefit of the Queen's
Colleges in Ireland, and will probably be best tested by a brief review of the history of the
former Institution. This history is unquestionably, in many of its parts, a sad one. It is a
lamentable fact, that for a series of years the interests of Education, in its higher branches
in Upper Canada, should have been sacrificed to the exigencies of a bitter sectarian warfare. I
I much doubt, however, whether impartial persons, with the circumstances of the case fully
before them, will be disposed to place the whole blame upon the Provincial Government and
Parliament.
9. The first movement made towards the establishment of an University in Upper Canada:
was in 1797, when the Legislative Council and Assembly concurred in an address to the
King,
" Imploring that His Majesty would be graciously pleased to direct His Government in this Prov-
ince, to appropriate a certain portion of the waste lands of the Crown, as a fund for the establishment
a support for a respectable Grammar School in each District thereof ; and also, a College, or University,
for the instruction of youth in the different branches of liberal knowledge."
* See pa^es 254, 255 of this Chapter.
17 D.E.
258 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. ] 851
A favourable answer was returned lo his Address, intimating that it was *' His Majesty's
most gracious intention to comply with the wishes of the Legislature of His Province of Upper
Canada "* and, accordingly, a large appropriation of vacant land was shortly afterwards made
for the purpose of the Endowment. In the year 1807, District Schools were established by the
Legislature, for the support of which a Special Grant was made, as the Lands so set apart had
n )tyet become productive, t It is to be observed, however, that, true to the intention of the
Address arid Endowment, these Schools were altogether unsectarian in their Constitution. No
practical step appears to have been taken for carrying out that part of the Address which had
reference to an University until the year 1827, when Doctor Strachan, Archdeacon of York, being
in England, obtained from Lord Bathurst a Royal Charter, establishing the University of King's
college, t
10. The University constituted by this Charter was essentially a Church of England Insti-
tution. The Bishop was to be Visitor, the Archdeacon of York, President, and each Member of
the College Council, seven of whom where to be eventually Professors, was required to subscribe
to the Thirty Nine Articles. When its contents were made known in the Province, great indig-
nation was excited, which found a vent in addresses from the popular Branch of the Legislature
and Public Meetings. Tt was urged that the representations, on the faith of which the Charter
had been granted, were erroneous ; that its provisions were unsuited to the state of the Province,
and inconsistent with the intentions of the Endowment. The justice of these remonstrances
seems to have been admitted with very little contestation. They found an echo in the House
of Commons. § The Lieutenant Governor was instructed by the Secretary of State to endeavor
to obtain from the College Council a surrender of the Charter, || and finally, the Local Parliament
WHS invited by' the same authority to amend it, in terms which imposed no limits on its discretion.
It was not, however, till 1837, that an Act passed for this purpose, in which both Branches of
the Legislature concurred. IF
11. During the whole of this period the Charter of King's College, in so far as the object
of Education was concerned, was practically in abeyance. A considerable expenditure of the
University funds took place, which was the subject of much criticism at the time ; but the
University was not opened for instruction till the year 1843, when it was organized under the
provisions of the Act of 1837.
12. By this Act the preferences, which the Church of England enjoyed under the Royal
Charter, were altogether abolished. That it did not, however, in its operation, give satisfaction
to the Province, is proved by the fact that, between the years 1843 and 1850, no less than four
sweeping Measures of Amendment were introduced into Parliament, two by Conservative, and
two by Liberal Administrations ;** of these four Measures that of 1849 alone passed into law. tf
13. The main cause of this dissatisfaction was undoubtedly the attempt which was made,
notwithstanding the tenor of the Charter Amendment Act of 1837, to keep up a connection be-
tween the Church of England and the University in various ways, and chiefly by the establish-
ment of a Divinity Professorship, and of a Chapel Service. Whether these measures furnished
a reasonable ground for such dissatisfaction, is a question on which I do not feel called to oflfer
an opinion. The only point for which I now contend is, that the charge against the good faith
of the Canadian Legislature, which is insinuated in the parallel that has been instituted between
a supposed confiscation of the property of Trinity College, Dublin, and the Acts of the Local
Parliament on the subject of King's College, cannot, on a fair construction of those Acts, be
made good. If, in this parallel, the special privileges, which were never acquiesced in by the
popular Branch of the Legislature, were actually abolished, with the consent of the Crown, which
granted them before the University, as an Educational Institution, came into operation. And
if allusion be made to any supposed advantage secured tor the Church of England, by the
arrangements of the University, as established under the Act of 1837 ; enough has been said to
♦ In point of fact, and with a view to historical accuracy it is proper to state, that the King in 1797, did not " comply
with the wishes of the Lesrislature," in the obvious and literal sense here indicated. His Majesty's Reply to a request from
the Legislature of 1797 was not a compliance with its expressed "wishes" to obtain a grant " of the Waste Lands of the
Crown as a Fund for the establishment and support " . . . " of a respectable Grammar School in each District . . .
and also of a College, er University " ; but the Reply of the King, through the Colonial Secretary, was more generous in its
terms than those of the request, while it was equally specific in stating the objects of the Roval Grant. It was to the effect
that the Imperial grant was for " the establishment of Free Grammar Schools . . . and, in due course of time ", for the
establishment of " other Seminaries of a larger and mo> e comprehensive nature "... and not for Grammar Schools and
a Single "College, or University," as desired by the Legislature.
. J. V}^ ^^ **' **^® Legislature authorizing the establishment of these- Schools is printed on page 66 of the First Volume
of this Documentary History
X For the particulars of Founding of King's College, see pages 216-226 of the same First Volume of this History.
i For Procedings of the British House of Commons on this Subject See pages 253-265 of the same First Volume.
II The Despatch of the Colonial Secretary' here referred to will be found on pages 54-56 of the Second Volume of this
Documentary Histor>'. The Reply of King's CoUege Council to the request, contained in that Despatch, for the surrender
of King 8 College Charter, is printed, in extemo, on pc^es 32-37 of the Third Volume of this Documentary History.
U A copy of this Act will be found on pages 88-89 of the Same Third Volume.
** i.e. those of 1843, 1845, 1846 and 1849. See the Volumes of this Historj- for the years named.
tt This Act is printed in full on pages 147-166 of the Eighth Volume of this Documentary History.
Chap. XXIII. DOCTOR strachan's "church university" cohrespondence. 259
prove that these advantages had no foundation in law, and that their withdrawal, therefore,
however inexpedient, or uncalled for, cannot be deemed a breach of faith on the part of the
Legislature.
14. The relation subsisting between the popular Branch of the Local Legislature and the
Crown was indeed so peculiar, at a time, when even its Minister in the Colony were wholly
irresponsible to the Provincial Parliament, that it is diflScult to establish, for any practical, usefu
purpose, such analogies as that which I have been now discussing. It might, however, be con-
tended with some show, at least of reason, that a closer parallel to the History of King's
College than that which has been imagined, would, in all probability have been furnished by the
Queen's Colleges in Ireland, if, after the assent of Parliament to their establishment and endow-
ment had been obtained, an exclusive character had been imparted to them by the Royal
Charter.
15. It is by no means my intention to refer, in these remarks, to any strictures of which the
Constitution of the University of Toronto may have been made the object, on the ground of its
containing no direct provision for Instruction in Religion. I am aware, that there are persons,
whose opinions are deserving of respect, who hold that an Educational Institution, which labours
under this defect, is not only useless, but practically mischievous ; and they are undoubtedly
entitled to employ language which expresses adequately the strength of their conviction. I can
take it upon myself, however, to affirm that the framers of this Constitution, while they have
felt strongly the importance, with a view to the moral and social interests of the Community, of
bringing the youth of this Country together for instruction in the higher branches of secular
learning ; and while experience has satisfied them, that this object cannot be obtained if
Denominational teaching be introduced into the University, most emphatically and earnestly
repudiate the intention of thereby removing Religion from its fitting place in the scheme of a
perfect education. On the contrary they have always hoped and believed, that the zeal of the
several Denominations would induce them to provide Schools, or Colleges, in the vicinity of the
University, for the Religious training of the youth of their respective Communions. They
entertain the conviction, that a better security for the faith and morals of the Students attending
the University, will be furnished by these means than could be supplied by the systems lately
in operation in King's College. A system which, seeking to combine objects in their nature
incompatible, offered in effect to the Members of one Communion a scanty and imperfect measure
of Religious training, while it left the Youth of the other Denominations, whom it equally pro-
posed to educate in this respect, wholly unprovided for.
Toronto, 4th February, 1851. Elgin and Kincardine.
Y. Reply of Doctor Strachan to the Provincial Secretary's Letter of the 24th op
January.
1. I have the honour to acknowledge your Letter of the 24th ultimo [pages 255, 256] and beg
leave to convey my thanks to His Excellency the Governor General, for his kind consideration, in
stating that he will be happy to afford such aid as it is in his power to bestow, towards procuring
for the University, which I desire to establish, in connection with the Church of England, a
Charter of Incorporation, giving the usual facilities for managing its property and affairs.
2. In regard to the more perfect Charter, I feel also, under obligation to His Excellency
for the measure of support he is pleased to tender ; at the same time, I should deeply lament
the postponement of a boon to a future Administration which may be so gracefully bestowed
by the present ; and which, though in itself an act of simple justice, cannot fail to elicit the
grateful acknowledgements of a large portion of the more respectable and mfluential Inhabi-
tants of the Province,— a result of no small importance in the present state of things.
3 I trust that His Excellency will excuse my earnestness in this matter, not only because
there is reason to believe, that the Charter we request, would be readily granted by the Home
Government, should it meet with no impediment here ; but still more especially, because its
attainment will remove a serious cause of dissatisfaction, and essentially secure, what we heartily
<iesire,— the continued peace and tranquility of the Colony.
4 I take the liberty to request His Excellency's permission to withdraw the Draft of the
Charter, which I laid before Earl Grey, and to substitute the enclosed Draft in its stead.
5 The alterations are not otherwise material than meet the probable division of the Diocese,
and to substitute the mode of conferring Degrees adopted at Cambridge, for that contained in
the former Draft.
6. They have been the result of mature deliberation, and the Document, as it now appears,
has received the unanimous approbation of my people.
Toronto, 7th. February, 1851. John Toronto.
2G0 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1851
Enclosure : Draft of Revised Charter of the Church University.
Victoria by the Grace of God, of the United Kingdom of Great Britain and Ireland^
Queen : Defender of the Faith . . .
To all to whom these Presents shall come, — Greeting : —
1. Whereas, the establishment of a College within the Province of Canada in connection with
the United Church of England and Ireland, for the Education of Youth in the Doctrines and Duties of
the Christian Religion, as inculcated by that Church, and for their instructions in the various Branches-
of Science and Literature, which are taught in the Universities of this Kingdom, would greatly con-
duce to the welfare of Our said Province ; and, —
2. Whereas, humble application hath been made to Us, by many of Our Loving Subjects in Our
said Province, that We should be pleased to grant Our Royal Charter for the more perfect establish-
ment of a College therein and for Incorporating the Members thereof for the purposes aforesaid :
3. Now Know Ye, that We, having taken the premises into our Royal consideration, and duly
weighing the great utility and importance of such an Institution, have, by Our Special Grace, certain
Knowledge and mere motion, ordained and granted, and do by these Presents for Us, Our Heirs and
Successors, ordain and grant, that there shall be escablished at, or near, Our City of Toronto, in Our
said Province of Canada, from time to time, one College, with the style and privileges of an Univer-
sity, as hereafter directed, for the Education and Instruction of Youth and Students in Arts and
Faculties to continue for ever to be called, " Trinity College."
4. And We do hereby declare and grant, that Our trusty and well-beloved, the Right Reverend
Father-in-God, John, Bishop of the Diocese of Toronto, or the Bishop for the time being of the
Diocese, in which the said City of Toronto may be situate, shall be Visitor of the said College.
5. And We do hereby declare, that should there be any division, or divisions, of the said present
Diocese of Toronto, the Bishop, or Bishops, of such division, or divisions, shall be joint Visitors of the
said College, with the Bishop of Toronto ; Provided that, in the event of an equalit}' of votes, the
Senior Bishop, according to the date of consecration, shall have a second, or casting, vote.
6. And We do hereby grant and ordain, that there shall be a Chancellor of Our said College, — to-
be chosen for the term of Four years, but capable of re-election under such Rules and Regulations as.
the Visitor, or Visitors, and College Council may, from time to time, see fit to establish.
7. And We do hereby declare, ordain and grant, that there shall, at all times, be one Provost ot
Our said College, who shall be a Clergyman in Holy Orders of the United Church of Englend and
Ireland, and that there shall be such, and so many. Professors in different Arts and Faculties within
Our said College, as, from time to time, shall be deemed necessary, or expedient, and shall be appointed
by the Visitor, or Visitors, of Our said College, with the advice of the College Council : Provided
always, that all such Professors shall, before their admission into office, severally sign and subscribe
the Thirty Nine Articles of Religion, as declared and set forth in the Book of Common Prayer, and
the three Articles of the Thirty-sixth Canon.
8. And We do hereby for Us, Our Heirs and Successors, will, ordain and grant, that the said
Chancellor and Provost, and the said Professors of Our said College, and all persons, who will be duly
matriculated into and admitted as Scholars of Our said College, and their successors for ever, shall be
one distinct and separate Body Politic, in deed and in name, by the name and style of "The Chancel-
lor, Provost and Scholars of Trinity College, at Toronto, in the Province of Canada," and that, by
the same name, they shall have perpetual succession and a Common Seal, and that they and their
successors shall, from time to time, have full power to alter, renew, or change, such Common Seal at
their will and pleasure, and as shall be found convenient ; and that, by the same name, they,— the said
Chancellor, Provost and Scholars, and their Successors, from time to time, and at all times hereafter, —
shall be able and capable to have, take, receive, purchase and acquire, hold, possess, enjoy and main-
tain, to and for the use of the said College, any Messuages, Tenements, Lands and Hereditaments of
what kind, nature, or quality soever, situate and being within Our said Province of Canada, so that,
the same do not exceed in yearly value Fifteen thousand pounds (£1.5,000) Sterling, above all charges ;.
and, moreover, to take, purchase, acquire, have, hold, enjoy, receive, possess and retain all, or any.
Goods, Chattels, Charitable, or other, Contributions, Gifts, Legacies, or Benefactions whatsoever.
9. And We do hereby declare and grant that the said Chancellor, Provost and Scholars, and their
successors, by the same name, shall, and may, be able and capable in Law, to sue and be sued, implead
and be impleaded, ar^wer, or be answered, in all, or any Court, or Courts, of Record within Our
United Kingdom of Great Britain arid Ireland, and Our said Province of Canada, and Our other
Dominions, and m all singular actions, causes, pleas, suits, matters and demands, whatsover, of what
nature, or kind, soever, in as large, ample and beneficial a manner and form, as any other Bodv Cor-
porate and Politic, or any other Our liege Subjects, being persons able and capable in law, may, or
can, sue, implead, or answer, or be sued, impleaded, or answered, in any manner whatsoever.
^ 10. And We do hereby declare ordain and grant, that there shall be within Our said College, or
Corporation, a Council, to be called and known by the name of : " The College Council," and We do
will and ordam that the said Council shall consist of the Chancellor and Provost, and of the five Pro-
fesses in Arts and Faculities of Our said College, and that such five Professors shall be Members of
the Established Church of England and Ireland, and shall, previously to their admission into the said
Coltege Council, severally sign and subscribe the Thirty Nine Articles of Religion, as declared and set-
Chap. XXIII. DOCTOR strachan's "chuuch university" correspondence. 261
forth in the Book of Common Prayer, and the three Articles of the Thirty-sixth Canon ; and, in case,
at any time, there should not be within Our said College, five Professors of Arts and Faculties, being
Members of the Established Church aforesaid, then Our will and pleasure is, and We do hereby grant
and ordain, that the said College Council shall be filled up to the requisite number of five Professors,
exclusive of the Chancellor and Provost, for the time being, by such persons, being Graduates of Our
said College, and being Members of the Established Church, aforesaid, as shall, for that purpose, be
appointed by the Visitor, or Visitors, for the time being, of Our said College, and which Members of
Council shall, in like manner, subscribe the Thirty Nine Articles of Religion and the three Articles of
the Thirty-sixth Canon aforesaid, previously to their admission into the said College Council ; and, —
11. Whereas, it is necessary to make provision for the completion and filling up of the said
Council at the first institution of Our said College, and previously to the appointment of any Profes-
sors, or the conferring of any Degrees therein, now We do further ordain and declare, that the Visi-
tor, or Visitors, of Our said College, for the time being, shall upon, and immediately after, the first
institution thereof by Warrant under his, or their, hand, nominate and appoint five discreet and
proper persons, resident within Our said Province of Canada, to constitute, jointly with the Chancellor
and Provost for the time being, the first, or original, Council of Our said College, which first, or
original, Members of the said Council shall, in like manner, respectively, subscribe the Thirty Nine
Articles of Religion aforesaid, previously to their admission into the said Council.
12. And We do further declare and grant, that the Members of the said College Council holding,
within Our said College, the offices of Chancellor, Provost, or Professor in any Art, or Faculty, shall
respectively hold their seats in the said Council so long as they, and each of them, shall retain such
their offices, as aforesaid, and no longer ; and that the Members of the said Council, not holding offices
in Our said College, shall, from time to time, vacate their seats in the said Council, when, and so soon
as there shall be an adequate number of Professors in Our said College, being Members of the Estab-
lished Church, aforesaid, to fill up the said Council to the requisite number before mentioned.
13. And We do hereby authorise and empower the Visitor, or Visitors, for the time being, of
Our said College, to decide in each case, what particular Member of the said Council, not holding any
such office as aforesaid, shall vacate his seat in the said Council, upon the admission of any new
Member of Council holding any such Office.
14. And We do hereby declare and grant, that the Chancellor, for the time being, of Our said
College, shall preside at ail Meetings of the said College Council, which he may deem it proper, or
convenient, to attend ; and that, in his absence, the Provost, of Our said College shall preside at all
such Meetings ; and that, in the absence of the said Provost, the Senior Member of the said Council,
present at such meeting, shall preside thereat ; and that the seniority of the Members of the said
Council, other than the Chancellor and Provost, shall be regulated according to the date of their
respective appointments. Provided always, that the Members of the said Council, being Professors in
Our said College, shall, in the said Council, take precedence over and be considered as Seniors to the
Members thereof, not being Professors in Our said College.
15. And We do ordain and declare, that no Meeting of the said Council shall be, or be held to be,
a lawful Meeting thereof, unless four Members, at the least, be present during the whole of every
such Meeting, and that all Questions and Resolutions proposed for the decision of the said College
Council, shall be determined by the majority of the votes of the Members of Council present,— includ-
ing the vote of the presiding Member ;— and that, in the event of an equal division of such votes, the
Member presiding at any such Meeting, shall give an additional, or casting, vote,
16. And We do further declare, that, if any Member of the said Council shall die, or resign his
seat in the said Council, or shall be suspended, or removed, from the same, or shall, by reason of any
bodily, or mental, infirmity, or by reason of his absence from the said Province, become incapable, for
three calendar months, or upwards, of attending the Meeting of the said Council, then, and in every
such case, a fit and proper person shall be appointed by the said Visitor, or Visitors, with the advice
of the College Council, to act as, and be, a Member of the said Council, in the place and stead of the
Member so dying, or resigning, or so suspended, or removed, or incapacitated, as aforesaid, and such
new Member, so suspended, or incapacitated, shall vacate such his Office on the removal of any such
suspension—, or at the termination of any such incapacity, as aforesaid, of his immediate predecessor
in the said Council.
17. And We do further ordain and grant, that it shall, and may, be competent to, and for, the
Visitor, or Visitors, f jr the time being, of Our said College, to suspend from his seat in the said
Council, any Member thereof, for any just and reasonable cause to the said Visitor, or Visitors, ap-
pearing.
18. Provided that the grounds of every such suspension shall be entered and recorded at length
by the said Visitor, or Visitors, in the Books of the said Council, and signed by him, or them ; and
every person, so suspended, shall, thereupon, cease to be a Member of the said Council unless, and
until, he shall be restored to, and re-established in such, his station therein, by any order to be made
in the premises by the said Visitor, or Visitors, of Our said College.
19. And We do further declare, that any Member of the said Council, who, without sufficient
cause to be allowed by the said Visitor, or Visitors, by an Order entered, for that purpose, on the
Books of the said Council, shall absent himself from all the Meetings thereof, which may be held
within any six successive calendar months, shall, thereupon, vacate such his seat in the said Council.
20. And We do, by these Presents, for Us, Our Heirs and Successors, will, ordain and grant,
that the said Council of Our said College, shall have power and authority, to frame and make Statutes,
262 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. . 1851
Rules, and Ordinances touching, and concerning, the good government of the said College ; the per-
formance of Divine Service therein ; the Studies, Lectures, Exercises, Degrees in Arts and Faculties,
and all matters regarding the same ; the residence and duties of the Provost of Our said College ; the
number, residence and duties of the Professors thereof ; the management of the Revenues and Pro-
perty of Our said College ; the salaries, stipends, provision, and emoluments of, and for, the Provost,
Professors, Scholars, Ofiicers and Servants thereof ; the number and duties of such Officers and Ser-
vants ; and also, touching, and concerning, any other matter, or thing, which, to them, shall seem
good, fit and useful, for the well-being and advancement of Our said College, and agreeable to this
Our Charter ; and also, from time to time, by any Statutes, Rules, or Ordinances, to revoke, renew,
augument, or alter, all, every, or any, of the Statutes, Rules and Ordinances, as to them shall seem
meet and expedient.
21 . Provided always, that the said Statute, Rules and Ordinances, or any of them, shall not be
repugnant to the Laws and Statutes of the United Kingdom of Great Britain and Ireland, or of Our
said Province of Canada, or to this Our Charter.
22. Provided also, that the said Statutes, Rules and Ordinances, shall be subject to the approba-
tion of the said Visitor, or Visitors, of Our said College, for the time being ; and shall be forthwith
transmitted to the said Visitor, or Visitors, for that purpose, and that, in case the said Visitor, or
Visitors, shall, in writing, signify his, or their disapprobation thereof, within six months of the time
of their being so made and framed, the same, or such part thereof, as shall be so disapproved of by
the said Visitor, or Visitors, shall, from the time of such disapprobation being made known to the
said College Council, be utterly void and of no eflfect, but otherwise shall be, and remain in full force
and virtue.
23. And We do further ordain and declare, that no Statute, Rule, or Ordinance, shall be framed
or made by the so.id College Council, touching the matters aforesaid, or any of them, excepting only
such as shall be proposed for the consideration of the said Council, by the Chancellor, for the time
being, of Our said College.
24. And We do require and enjoin upon the said Chancellor thereof, to consult with the Provost
of Our said College, and the next senior Member of the said College Council, respecting all Statutes,
Rules and Ordinances, to be proposed by him to the said Council for their consideration.
25. And We do hereby, for Us, Our Heirs and Successors, charge and command, that the Statutes,
Rules and Ordinances, aforesaid, subject to the said provisions ; shall be strictly and inviolably
observed, kept, and performed, from time to time, in full vigor and effect, under the penalties to be
thereby, or therein, imposed, or contained.
26. And We do further will, ordain, and grant, that the said College shall be deemed and taken
to be an University, and shall have and enjo}^ all such, and the like, privileges, as are enjoyed by Our
Universities of Our United Kingdom of Great Britain and Ireland, as far as the same are capable of
being had, or enjoyed, by virtue of these Our Letters Patent, and that the Students in the said College,
shall have liberty and faculty of taking the Degrees of Bachelor, Master, and Doctor, in the several
Arts, and Faculties at the appointed times ; and shall have liberty, within themselves, of performing
all Scholastic Exercises for the conferring of such Degrees, in such manner as shall be directed by the
Statutes, Rules, and Ordinances of the said College.
27. And We do further will, direct, and ordain, that the Chancellor, Provost, and Professors of
Our said College, and all persons admitted therein, to the Degree of Master of Arts, or to any Degree
in Divinity, Law, or Medicine, and who, from the time of such, their admission to such Degree, shall
pay the annual sum of Twenty Shillings, Sterling money, for, and towards, the support and mainten-
ance of the said College, shall be and be detmed taken and reputed to be Members of the Convocation
of the said University, and, as such Members of said Convocation, shall have, exercise and enjoy all
such, and the like privileges, as are enjoyed by the Members of the Convocation of Our University of
Oxford, so far as the same are capable of being had, and enjoyed, by virtue of these Our Letters
Patent, and consistently with the provisions thereof.
28. And We, by these Presents, for Us, Our Heirs and Successors, do grant and declare, that
these Our Letters Patent, or the enrolment, or exemplification thereof, shall, and may, be good, firm,
^u 11 u^" f ^^"^' ^"^ effectual in the Law, according to the true intent and meaning of the same ; and
shall be taken, construed, and adjudged in the most favourable and beneficial sense, or to the best
advantage of the said Chancellor, Provost, and Scholars of Our said College, as well in Our Courts of
Record, as elsewhere, and by all and singular. Judges, Justices, Officers, Ministers, and other Subjects,
whatsoever, of Us, Our Heirs and Successors ; any mis-recital, omission, imperfections, defect, matter,
cause, or thing, whatsoever, to the contrary thereof, in anywise notwithstanding.
In Witness Whereof, We have caused these Our Letters to be made Patent.
Witness, Ourselves, at Westminster, by Writ of Privy Seal, etcetera.
VI. Letter of acknowledgment from the Provincial Secretary to Doctor Strachan.
T j^u^V®! ^^® honour to receive and lay before His Excellency the Governor General, your
Lordship a letter of the 7th instant, covering a Draft of a Charter of Incorporation of the
University, which you desire to establish in connection with the Church of England.
T j^u*"^ directed by His Excellency to inform you, that he will, in compliance with Your
Lordship s request, transmit the Draft in question to Earl Grey ; and, at the same time, com-
i
Chap. XXIII. DOCTOR strachan's "church university" correspondence. 263
municate lour Lordship's wish that it should be substituted for the Draft of the Charter, some
time since [in June, 1850,] submitted to Earl Grey by Your Lordship.
Toronto, 17th of February, 1851. James Leslie, Secretary.
VII. Despatch of the Goveknor General to the Colonial Secretary.
I have the honour to enclose herewith the copy of a further communication from the Lord
Bishop of Toronto, (page 259,) which the Provincial Secretary has received from His Lordship,
since I forwarded my Despatch of the 4th instant, (Pages 256-259) and of a Draft Charter,
which the Bishop desires to substitute for that which he placed in Your Lordship's hands, [on
the 18th of last June, page 99] and a copy of which was transmitted to me in your Despatch, on
the 29th of July, 1850. [Page 107.]
2. I do not find anything in this amended Charter, to alter the views submitted in my
Despatch of the 4th instant. [Page 256.]
Toronto, 17th of February 1851. Elgin and Kincardine
VIII. Reply of the Colonial Secretary to the Governor General's Despatch.
I have to acknowledge the receipt of your Lordship's Despatches of the 4th and 17th
ultimo, [page 266 and this page] in the former of which, you transmit the Copy of a Correspon-
dence, which has recently passed between the Provincial Secretary and the Lord Bishop of
Toronto, on the subject of the proposed establishment, by Royal Charter, of an University in
Upper Canada, and in the latter (the page above,) a Draft Charter, which the Bishop desires to
substitute for the Charter submitted to me by His Lordship in June of last year.
2. I understand from these Despatches, and the Correspondence they enclose, to all of
which I have devoted a very careful consideration, that there is no objection, on the part of the
Provincial Parliamfent and Government, to granting the proposed Church of England College,
or University, all the necessary powers of a Corporation for managing its own affairs, and also
the power of granting Degrees in Divinity ; but that it is considered advisable to endeavour to
raise the value ' f Degrees in Arts, by confining the power of granting such Degrees as nearly as
possible to the University of Toronto, with which, [as proposed], the separate Colleges of diffeient
Denominations are, in connection, as King's College and University College are with the London
University in this Country. It is not distinctly stated in your Lordship's Despatch, but it has
been so explained to me by the Reverend Doctor Ryerson, that this policy of confining the power
of granting Degrees in Arts, to the University of Toronto, has been obstructed by the existence
of Denominational Colleges, having the power, under old Charters, of giving Degrees in Arts,
but that the Provincial Government has been negotiating with these Bodies for the surrender^
of their privileges, which has been obtained, except in the two cases, [of Victoria and Queen's
Colleges] referred to in the Correspondence."*
3. If I am correct in this undertaking of the case, I have no hesitation in stating that it is
clearly one in which the British Government ought not to interfere, to defeat, by the Grant o
a Royal Charter, the policy which is considered best for the Province by the House of Assembly,
and by the Executive Council, which possesses the confidence of that Branch of the Legislature.
It appears to me, therefore, that there is no ground for the interference of the Imperial Gov-
ernment ; and, believing the local Government and Parliament to have no indisposition to deal
justly by the Church of England, I consider it better that it should be left to them to determine
on what terms the proposed College, or University should be chartered, than that a Charter
should be issued in this Country under Her Majesty's direct authority.
4. Your Lordship will have the goodness to communicate the substanae of this answer to the
Lord Bishop of Toronto
London, 11th March, 1851. Grey.
(Note. The Despatch of the Governor General to the Colonial Secretary
printed on pages 256-259 of this Chapter, in connection with the following one,
gives a very graphic historical bird's eye view of the discussion and various
incidents of University Question in Upper Canada from the period of its early
beginnings.)
IX. Despatch of the Governor General to the Colonial Secretary.
1. From the tenor of your Lordship's Despatch to me, of the 11th March, lam apprehensive
that some misconception may exist in your mind respecting the proceedings which have taken
* In Letters which I received from Doctor Ryerson, then in England, he stated that he had seen Earl Grey on Depart-
mental, and other business, and had-discussed this University matter with him, particularly m reference to the Church
University ; but, in these, there was no reference to any negotiations for the surrender of the charters of the Colleges then
in operation."
264 DOCUMENTAHY HISTORY OF EDUCATION IN UPPER CANADA. 1851
place, with a view to the Incorpcration'of the Denominational Colleges with the University of
Toronto, under the Provincial Act of 1849 : 12, Victoria, Chapter 82 ; and I think it my duty
to endeavour to remove it, before communicating to the Lord Bishop of Toronto, your decision on
this application for a Royal Charter for the College which he proposes to establish.
2. Your Lordship observes, that although it is not distinctly so stated m my Despatch [of
the 17th ultimo,] it has been explained to you that the policy of confining the power of granting
Decrees in Arts to the University of Toronto, has been obstructed by the existence of the
Denominational Colleges, having the power, under the old Charters, of giving Degrees in Arts ;
but that the Provincial Government has been negotiating with these Bodies for the surrender of
their privileges, which has been obtained, except in two cases referred to in the Corre-
spondence.
This view of the case is not, however, entirely accurate. Queen's College, Presbyterian ;
and Victoria College, Wesleyan ; are the only Denominational Colleges, on which the privilege
in question, has been conferred, and it has not yet been surrendered by either.
3. I have further to observe, that it is not strictly correct to state that Colleges Incorpor-
ated with the University of Toronto, will be placed under the arrangement now in contemplation,
in relation to that Institution, precisely similar to that in which King's College and University
College stand to the University of London. Looking to the very limited resources which are
enjoyed by the Denominational Colleges hitherto established in Upper Canada, — (for both
Queen's and Victoria Colleges, it is to be remarked, are dependent, in a great measure, on the
Annual Giants of the Legislature, — (the continuance of which cannot be guaranteed,) — it has
not been deemed advisable to propose, that students attached to such Incorporated Colleges,
should be relieved from the necessity of keeping terms at the University, and of attending
University Lectures, in order t.) qualify them for University Degrees. It has been presumed
that the resources of these Colleges wid be most advantageously employed, if they are exclu-
sively devoted to the object of providing Religious Instruction for the youth of the Communions
to which they may respectively belong. The clauses, however, of the Act establishing the
University of Toronto, which relate to the Incorporation of Colleges, and of which I herewith enclose
the copy, contain nothing imperative on this point. I apprehend, therefore, that if the persons
interested in any Denominational College should signify a desire to affiliate it to the University
of Toronto, in the way in which King's College and University College are affiliated to the
University of London, and should show that the resources at their command, enable them to
furnish sufficient instruction in all the necessary branches of learninsr, there would be no
legal impediment to the consideration of such a proposition by the Authorities of the
University.
4. I have thought it right to submit these explanatory remarks, before communicating the
substance of your Lordship's Despatch, of the 11th March, to the Bishop, lest it should appear
that your reply to his application had been written under any misapprehension of the facts of the
case. At the same time, I trust that you will still be of opinion, that it is not expedient that a
Royal Charter, containing such ample powers as that for which his liordship has applied, should
be iiranted to any Denominational College, while negotiations for the surrender of the Charters
of Queen's and Victoria Colleges, are still pending. I fully expect that it will soon be in my
power to appraise your Lordship of the issue of these negotiations. Meanwhile, I cannot but
observe, that a decision on the application of the Lord Bishop, which might have the efi"ect of
withdrawing the Members of the Church of England generally, from all connection with the
ProvmciHl University, may be attended with serious consequences, and that it ought not to be
arrived at without full consideration. They are at present largely represented in this Institu-
tion, and I much doubt whether it would prove to be eventually conducive, either to the
m erests of the Church itself, or to those of sound learning in the Province, that they should
cease to exercise within it, an influence proportioned to their numbers and weight in the
community.
Toronto, Ist May, 1851. Elgin and Kincardine.
X. The Colonial Secretary's Reply to Lord Elgin's Despatch.
I have the honour to acknowledge the receipt of your Despatch, of the 1st instant, in which
you correct a misapprehension into which I have fallen in my Despatch of the 11th of last
M;irch, [page 263] respecting the proceedings which have taken place in Upper Canada, with
a view to the incorporation of Denominational Colleges in thxt Province, with the University
of Toronto,
Although I had certainly misapprehended some of the facts of the case, the representation
which you have now transmitted to me, does not alter my view of the course which ought
practically to be adopted ; and I concur in the opinion Your Lordship has expressed, that it
will not be expedient to grant a Royal Charter, containing such ample powers,(as the Bishop of
Chap. XXIII. DOCTOR STRACHAN'S ''CHURCH UNIVERSITY" CORRESPONDENCE. 265
^?r"^I^^f ?vf^ n^ ^T^' '^. n^ Denominational College, while negociations are pending for the
surrender of the Charter of Queen's and Victoria Colleges.* f 5 ^"«
London, 30th May, 1851. Grey
XL The Honourable Chancellor de Blaquierb to the Provincial Secretary.
I am induced, as a Member of the United Church of England and Ireland in this Province,
and taking a deep and abiding interest in her welfare, to request you to lay this Communication
before His Excellency the Governor General.
I am informed that a Royal Charter is about to be obtained from Her Majesty the Queen,
on the application of the Lord Bishop of Toronto, as, in behalf of the Church of England and
Ireland in his Diocese, for the purpose of creating an exclusive Church University in Upper
I am not aware that our Church, as such, has ever been consulted, or has applied for such
an Institution, and, as it is a matter deeply affecting the Civil and Religious liberty of a large
section of the Inhabitants of Upper Canada, and, as the Legislature not being at present in
Session, I cannot, from my place m Parliament, move for an Address to His Excellency, in order
to obtain the publication of the Charter for the information of those concerned in it, before it
is granted, I request His Excellency will be pleased to permit me to obtain a copy of the
same.
Peter Boyle de Blaqui^re,
Toronto, 19th of November, 1851. Chancellor of the University of Toronto.
XII. The Provincial Secretary to Doctor Strachan.
I am directed by the Governor General to state for Your Lordship's information, that I
have received a Communication from the Honourable Peter B. de Blaquiere,in which that Gentle-
man observes, that he has been informed that a Royal Charter is about to be obtained from
Her Majesty the Queen on the application of the Lord Bishop of Toronto, as in behalf of the
Church of England and Ireland in his Diocese, for the purpose of erecting an exclusive Church
University in Upper Canada, and requests that His Excellency will be pleased to permit him to
obtain a copy of the same.
Mr. de Blaquiere states that he is induced to make this request, as a Member of the United
Church of England and Ireland in this Province, taking a deep and abiding interest in her wel-
fare ; and adds, that, as the Legislature is not at present in Session, he cannot, from his place
in Parliament, move for an Address to His Excellency, in order to obtain the publication of the
Charter, for the information of those concerned in it, before it is granted.
His Excellency considers that it is due to your Lordship's position in the Church, and to
the exertion which your Lordship has made for the establishment of an University in connection
therewith, that you should be apprized of the application which has thus been made to him,
before it is replied to ; and I am directed by him to address this Communication to your Lord-
ship accordingly.
Toronto, 25th November, 1851. James Leslie, Secretary.
Xllt. Reply of Doctor Strachan to the Provincial Secretary.
I am obliged by the Communication made to me this day, by direction of His Excellency
the Governor General.
Having learnt with surprise, since my return, that the Honourable Peter B. de Blaquirere
has thought proper, in a most unkind spirit, to submit to discussion, in a public Body, a slan-
derous Paper, reflecting unjustly upon myself, I must beg to decline making any communica-
tion for the purpose of furnishing him with information, which it may suit his conscience to ask
for, on the ground of a professed interest in the welfare of the Church [of England].
But I need hardly say, that I can have no objection to His Excellency making any com-
munication to Mr. de Blaquiere which may appear to him proper.
Toronto, 25th of November, 1851. John Toronto.
* In an elaborate Address issued in September, 1851 by the Executive Authorities of Victoria College, there is no men-
tion made of any negotiations with the Authorities of that College for the surrender of its Charter. In the Address it is said:
*' At length, within the last two years, successive Acts of the Legislature [those of 18 19 and 1850] have placed the Provincial
University upon a broad Christian foundation, (so far as depended upon Acts of Parliament) ; and we were disposed and
prepared to give it our sanction and support, as far as circumstances would permit, and in accordance with the original and
essential objects of our own College . . . but, after several months delay, the expectations held out for affecting
this arrangement have not been realized." . . .
266 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1851
THE FIRST COUNCIL OF TRINITY COLLEGE, 1851.
On the 7th of February, 1851, Doctor Strachan, in. a Letter to the Provincial
Secretary, [page 249] requested the Governor General, Lord Elgin, to transmit to
Earl Grey, the Colonial Secretary, a Substitute Draft of a Royal Charter. This
Substitute Draft was enclosed by Lord Elgin to Earl Grey in Number VII [page
263], of these Letters. The Eleventh Section of this Draft Charter, [page 261],
provided for the appointment of a Provisional Council for Trinity College by the
Bishop. This was done by the Bishop, as the following interesting Document,
relating to the establishment of Trinity College in 1850, 51, will show. It was
issued by Doctor Strachan, the First Bishop of Toronto, on the 17th of Septem-
ber, 1851. It specifies what was to be the name of the new Uuiversity College,
and also who were to be the Members of its "Original Council."*
to whom it may concern i —
John, by Divine Permission, Lord Bishop of Toronto, Greeting : —
1. Whereas, there has been established in the City of Toronto a College, which has been
incorporated by a Statute [passed on the 30th day of August, 1851, page 248], 14th and 15th
Victoria, Chapter 32, as a College, in connection with the United Church of England and Ireland ,
under the style and title of " Trinity College," and, —
2. Whereas it is provided by the said Statute that the Corporation of the said Trinity
College shall consist of :
Firstly, the Lord Bishop of Toronto, or, in case of the division of the said Diocese, then
the Bishops of any Dioceses into which the Diocese of Toronto may hereafter be divided :
Secondly, the Trustees of the said Trinity College, and thirdly, the College Council of the
said Trinity College, not less than three in number, which said Trustees and the Members of
the College Council shall be named in the first instance by the Lord Bishop of Toronto, and
shall, in the event of their death, removal from the Province, dismissal from ofiice, or resigna-
tion, be replaced by other Persons, to be named in like manner, or in such other manner as
may, from time to time, be directed by any Statute of the said College to be passed for that
purpose, and so on continually, forever, and, —
3. Whereas, at a Meeting of the Church University Board and the Medical Faculty, called
by order of the Lord Bishop of Toronto, and held on the Fourth day of January, 1851, the
Lord Bishop of Toronto being in the Chair, it was agreed, at the recommendation of the Lord
Bishop :
*• That a Provisional Council be formed, to consist of the Lord Bishop of Toronto, who shall
preside at all Meetings at which it may be convenient for his Lordship to attend ; the Venerable the
Archdeacon of Kingston, [Doctor George Okill Stuart], the Venerable the Archdeacon of York
[Doctor Alexander Neale Bethune], and twelve Members, to serve till the University be ready to com-
mence the business of Instruction, and that six of the twelve Members of such Council shall be chosen
by the Contributors to the Church University, now present, and six, including one to represent the
Medical Faculty, by the Lord Bishop, on his own behalf, and that of the Church Societies and Contri-
butors in England."
And, at the same Meeting, the following Gentlemen were nominated and elected by the
Meeting as Members of the said Council, namely :— Alexander Burnside, Esquire, Doctor (.f
Medicine ; the Honourable Chief Justice J. B. Robinson ; the Reverend Henry James Grasett,
Master of Arts ; the Honourable Chief Justice J. B. Macaulay ; John Arnold, and Lewia
Moffatt, Esquires.
And, at the same Meeting, the Lord Bishop nominated the following Gentlemen as Mem-
bers of the said Council, namely .—the Honourable James Gordon, the Honourable Mr. Vice-
Chancellor Spragge, Philip Vankoughnet, Esquire, the Honourable Robert Sympson Jameson,
the Honourable Mr. Justice Draper, and, on behalf of the Medical Faculty, Edward M. Hodder,
so VvSi^^/^"".!^"^ It ^'l^" ^'.^^ *^^ "Trinity University Revi^xo— Jubilee Number" of June and July, 1902, pages 88,
^Vhp^lr , S ^"^ Number ofthe Revww contains excellent sketches of Doctor Strachan, Founder of the University, anp
bv f hP Wf2 ^ll^^^li ^i?"^ promoters of Church of England Education in this Province. See also a Sketch of Doctor Strachan
by the late Reverend Doctor Henry Scadding on pages 117, 118 of this Volume
Chap. XXIV. PROCEEDINGS OF THUJ SENATE OF UNIVERSITY OF TORONTO. 2G7
Esquire, Doctor of Medicine. At the same Meeting it was agreed that the following Gentlemen
should be Trustees, namely :— the Reverend Henry James Grasett ; George William Allan and
Lewis Moflatt, Esquires. And, —
4. Whereas, at the Meeting of the aforesaid Provincial Council, held on the Ninth day of
January, 1851, the Lord Bishop of Toronto in the Chair, James M. Strachan, Esquire, was
nominated a Member of the said Council by the Lord Bishop, in the room and place of the
Honourable Mr. Justice Draper, who had resigned the office of a Member of the Council : And, —
Whereas, at a Meeting of the said Council, held on the Fifth day of April, 1851, it was
ordered that Sir Allan Napier Macnab be requested to become an Honorary Member of this
Council :
5. Now know ye, that having full confidence in the ability and zeal of the Gentlemen
heretofore appointed and nominated as this the First Council and Trustees of the Church Uni-
versity, I, John, by Divine Permission Lord Bishop of Toronto, by authority invested in me by
the Act of the 14th and 15th Victoria, aforesaid, do hereby constitute, nominate and appoint the
Venerable George Okill Stuart, Doctor of Divinity, and Doctor of Laws, Archdeacon of King-
ston ; the Venerable Alexander Neale BethuKe, Doctor of Divinity, Archdeacon of York ; Alex-
ander Burnside, Esquire ; Doctor of Medicine the Honourable Chief Justice J. B, Robinson ;
the Reverend Henry James Grasett, Master of Arts ; the Honourable Chief Justice J. B. Mac-
aulay ; John Arnold and Lewis Mofiatt, Esquires ; the Honourable James Gordon ; the Hon-
ourable Vice-Chancellor J. G. Spragge ; Philip M. Vankoughnet, Esquire ; the Honourable
Robert S. Jameson ; Edward M. Hodder, Doctor of Medicine ; James M. Strachan, Esquire
and Sir Allan Napier Macnab, as Members of the Council of Trinity College, and also do hereby
nominate, constitute and appoint the Reverend H. J. Grasett, Master of Arts, George William
Allan, and Lewis Mofiatt, Esquires, Trustees for the said Trinity College.
In testimony whereof I have hereunto set my Hand and Seal this Seventeenth day of
September in the Year of Grace, one thousand eight hundred and fifty-one.
[Seal.] John Toronto.
CHAPTER XXIV.
PROCEEDINGS OF THE SENATE OF THE UNIVERSITY OF
TORONTO. 1851.*
January 4th, 1851. The Members present were not sufficient to form a quorum.
January 11th, 1851. Read a Letter from the Secretary of the Board of Endowment,
dated the Third instant, informing the Senate of the appointment of Mr. Alan Cameron as
Bursar and Secretary to the Board, in the room of Doctor Henry Boys resigned.
Read also a second Letter from the Secretary to the Board of Endowment, transmitting the
names of the Sureties off"ered by Members of the Board. Read also a Statement of the Transac-
tions connected with the Property and Effects of the Toronto University, from August the 13th,
to December the 31st, 1850, as follows :—
Of the Investment Fund there was a £ s- d.
Balance in hand on August the 13th, 1850, as per Bursar's Statement, of. . . 4,809 4 j
Instalments on old land Sales il'soK ^n i
Government Debentures redeemed 11,dOo 0 U
New sales, none.
Leases, none.
Total ^18'395 18 2^
Invested in Government Debentures £14,500, 0, 0. -.c aak a a
Invested in Building for Medical Faculty £1,505, 0, 0 • 1p>W5 U U
£2,390 18 2^
Balance of the Income Fund transferred to this Fund, pursuant to University
Statutes ^^'"'^ ^^ *
Balance in hand on
the 1st of January, 1851 A^j^- _JJ— g-^
* I have only inserted in this Chapter those portions of the Proceedings of the S^n^te ^^.^.^PPXJ;'* ^ouncu" wlf imdi^
or public, interest. The business which had formerly been wholly transacted J>vth%King8 College Couna^
the Baldwin University Act of 1849, partly assigned to the Senate ; and partly to the Endowment Board A spe^'^^ ^'^^^
of duties was assigned to the Caput. The Senate had chiefly to do with general University financial m^^^^^^^ ^ndow
ment Board had to do with sale of the University Lands, and providing an " Income,' etcetera. A large portion of its pre
ceedings were, therefore, local and temporary.
268 DOCUMENT ARY HISTORY OF EDUCATION IN UPPER CANADA. 1851
Balance in hand as above £4,409 15 6|
Amount on deposit 125 12 7
Balance on the 31st of December, 1850, as per Quarterly
Account £4,535 8 U
Of the Income Fund there was a
Balance in hand oq the 13th of August, 1850, as per Bursar's Statement of. .
Interest on Instalments ?^'?5i
Interest on Investments
Interest on Promissory Notes
Interest on Bank Balances
Dividend on Ten Shares of Bank Stock
Rents of leased Lots
Incidental Heceipts
Fees and dues
Salaries repaid
£
s.
d.
4,346
7
4^
1,051
1,165
61
166
3
7
2
2
11
6
5
0
500
8
6
63
11
1
205
16
*
539
1
1
^8.105 5
Amount of Disbursements £6,086, 8, 3.
Balance transferred to the Investment Fund £2,018, 17, 4 £8,105 5 7
Read a Letter from the Provincial Secretary, dated the Third instant, transmitting a certi-
fied copy of a Statute for compensation of certain Professors therein named, reported to His
Excellency the Governor General by the Commissioners of Visitation of the University of
Toronto.
Professor Doctor Lucius O'Brien, seconded by the President, moved that the Com-
municaation from the Endowment Board, relative to the Sureties for the Members of the
Endowment Board, be referred to a Committee, and that the said Committee consist of
Messieurs John McMurrich, John Cameron and James Hallinan. (Carried.)
The second Reading, from last year, of the Statute, relative to the Chair of Agriculture and
Experimental Farm, being resumed, Mr. Joseph C. Morrison, seconded by Professor Doctor
W. B Nicol, moved that the third Clause be adopted, whereupon the President, seconded by
Mr. John Cameron, moved in Amendment, by way of Proviso, that not less than six acres of
the University Grounds shall be appropriated for a Botanical Garden. (Carried.)
Jammry 18th 1851. The Members present were not sufficient to constitute a Quorum.
January 25th 1851. No business of public importance was transacted at this Meeting.
February 1st 1851. Read the following Letter from the Honourable the Chancellor to the
Vice-Chanceilor, dated the Thirty-first ultimo, on the subject of the withdrawal by the Reve-
rend Doctor James Beaven, Dean of the Faculty of Arts, of a notice of intention to introduce a
Statute permitting Professors and Students to omit Lectures at times appropriated to public
Religious Services ; and oflfering to give a Gold Medal for Excellence in "Evidences of the
Christian Religion " for the present Year. The Chancellor's Letter was as follows : —
" I learn with much regret, and with feelings of extreme disappointment, that the Reverend
Doctor James Beaven, Dean of the Faculty of Arts, has withdrawen the notice of his intention to
introduce a Statute, permitting Professors and Students to omit Lectures at times appropriated to
Religious exercises."
I view this only as to its injurious effects upon the best interests of the University, over which I
have been called upon to preside ; and my utmost efforts shall be used to counteract what I consider
undisguised hostility from a quarter, where our Institution had, I think a right to look for a very
different proceeding.*
I trust that the Senate will see the propriety of meeting this untoward trifling by a Declaratory
Statute, giving the necessary facilities and accommodation to Ministers of Religion for Religious
Instruction to Students of the University.^
There is another matter connected with this subject requiring attention : — I was under the
impression, until very lately, that the Bye Law of the Faculty of Arts submitted by
the Reverend Doctor James Beaven, Dean of that Faculty, to the Senate on September the Twenty-
eighth last, for granting a separate Medal for " the Evidences of Religion " was to be continued ; I
find that this is not the case ; and, to supply the deficiency, I request that you will be pleased to
communicate to the Senate my wish to be permitted to give a Gold Medal for this purpose for the
present year, subject to such stipulations and requirements as to proficiency, examinations, etcetera,
as the Senate may deem it necessary to appoint. And I request that the Senate will be pleased to
♦For the •' undisguised hostility " of the Reverend Doctor Beaven to the Universitj^ of Toronto, as constituted under
the Baldwin University Act of 1849, see page 193 of the Eighth Volume of this Documentary History.
t Regulations were made in May, 1851, by the Visitation Commission for giving Religious Instruction to the University
Students. See the Regulations on the subject at the end of this Chapter.
Chap. XXIV. PROCEEDINGS OF THE SENATE OF UNIVERSITY OF TORONTO. 269
cause the necessary announcements to be made to the Professor of Moral Philosophy and Ethics in
order that he may give public notice of the same to the Students of the University.
YoRKViLLE, January Slst, 1851. Peter Boyle de Blaquiere, Chancellor.
Mr. Joseph C. Morrison, seconded by Professor Doctor George Herrick, moved that Mr
W. Scott Burn be appointed Auditor, under the Twenty-third Section of the University Statute!
{Carried.)
Professor Doctor W. R. Beaumont, seconded by Professor Doctor Skeffingtor> Connor,
moved, that a Return be made to the Senate of the several sums of money received from th&
University by each Professor during each year, from the opening of the University, distinguish^
ing Salaries, Fees, Compensations for extra Services, and all other payments whatever, wibhbhft
authorities for making the same. (Carried.
The Statute relative to the Salaries of certain Officers, and the distribution of Feea to. Pto-
fessors, was read and adopted.
February 8th, 1851. The Members present were not sufficient to constitute a Quorum.
February 15th, 1851. No business of public importance was transacted at this Meeting.
February 22nd, 1851. Read the following Letter from Robert Easton Burns, Esquire*
Chairman of Commission of Inquiry to the Bursar, dated the Seventeenth instant, in reply to a
Letter from the Secretary of the Commission to the Senate, dated the Twenty-seventh ultimo,
stating that, in the course of two. or three, weeks the Commissioners think that they will be en-
abled to dispense with the services of some of the Clerks, if not of all. The Letter is as follows :—
" The Commissioners have delayed thus long in replying to your Letter of the Twenty -seve»th of
January last, in the hope that they would, by this time, have been enabled to say that they had either
so far completed their labours, as to dispense with the services of their Clerks, or, at all events, have
made a reduction in their number, affording an evidence of the work approaching to a close. This
reason will, I trust, be received as an excuse for the delay, more particularly so when I tell you, for
the information of the Senate, that the Commissioners now think they will be enabled, in the course
of two, or three, weeks, to dispense with the services of some of the Clerks if not of all. Many diffi-
culties, from time to time, have arisen, which could not be foreseen, and which inevitably caused slow
progress in the work. The work now occupying attention chiefly is the making up of the Final
Balance Sheet of the Accounts, and properly entering the necessary Cross Entries, as they are termed,,
in order to exhibit at one view a correct statement of the affairs and position of the funds and property
of the Institution.
After this shall have been completed, the remaining work will be what the Commissioners have in*
their own hands, and this, we trust, will not occupy long in finishing.
Toronto, February 17th, 1851. Robert E. Burns, Chairman.
The Reverend Doctor James Beaven, seconded by the President, moved that the Secretary
do write to the Honourable Peter B. de Blaquiere, Chancellor of the University, in order ta
convey to him the thanks of the Senate for his proposition to present a Gold Medal for the en-
couragement of the study of the *' Evidence of Natural and Revealed Religion," and to inform
him that the Senate will take immediate steps to enable the Students to avail themselves of this,
proposition. (Carried.)
Resolved, That the Vice-Chancellor be authorized, and he is hereby directed, to communicate
with the Honourable the Chancellor and to inquire on what grounds his statement of "undis-
guised hostility " to the University, on the part of the Reverend Doctor Beaven, Dean of the
Faculty of Arts, is founded ; and that he be requested to report thereon to the Senate at aa
early a Meeting as possible. {Carried.)
March 1st, 1851 The Members present were not sufficient to constitute a Quorum.
March 8th, 1851. Read a letter from the Honourable the Chancellor to the Vice-Chan-
cellor, dated the Twenty-seventh ultimo, acknoAvledging the receipt of a Resolution of the
Senate on the subject of his charge against the Dean of the Faculty of Arts, and transmitting
the following Correspondence between the latter and himself, as the ground of such charge.*
1. The Reverend Doctor Beaven to the Honourable Peter Boyle de Bi^quiere.
A Letter of yours in The Globe has been pointed out to me, in which you make a very unwarrant-
: able use of my name. You argue that the Bishop could not now persist in calling the University
* I have inserted this Correspondence here for the reason that it illustrates a type of the hostility which the Baldwin
University Act of 1849 encountered,— in this case under the very peculiar circumstances of the hostile action of the Reverend
Doctor Beaven, one of the Professors, to the University. It was no wonder, therefore, that the Chancellor of the Toronto
University brought the case under the notice of the Senate of that Institution. The charge which the Chancellor made
against Doctor Beaven, was that, while continuing to be an Officer of the Teaching Staff of the University, he had expressed
publiclvhis "entire disapproval of the very principles upon which the Univer^sity was founded." There was a pathetio
side to 'the case, however, for, as Doctor Beaven said, " I did actually resign my professorship, but, at the instance of Lord
Elgin, I took advice on the subject, and acting on that advice, I remained . He adds : " I submit to the greatest mortiflcation
^of ray life, only because I cannot see my way clear to acting otherwise." " The Government," he said, has not allowed ma
'adequate compensation upon which to'retire."
270 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1851
" godless," because I continue to hold Office in it ; whereas, the only reason why I continue now to
hold office is, on account of that which I continued at the beginning of last year, namely, that the
Government has not allowed me arty adequate compensation upon which to retire, and Providence has
not opened for me any other sphere of action. I am so far from being satisfied that Religious Instruc-
tion "can be satisfactorily given" in the University of Toronto, that I am quite satisfied it can never
be given satisfactorily, so long as all its students are not trained in the system of the Church of
England.
What bearing the division of Moral Philosophy into Metaphysics and Ethics can have on Reli-
gious Instruction, I am really at a loss to understand ; certainly it was not made with any such
view • and I find it so inconvenient, that I intend to endeavour to have the separation set aside.
There is no separate Prize, or Medal, " instituted " for " Evidences ; " it was only provided for in the
past years.
The Statute, of which I gave notice, did not intend to provide " That Lectures should not be
allowed to interfere with the giving of Religious Instruction," as you might easily have seen, if you
had read the notice carefully ; but, whatever was its object, 1 do not intend to persevere with it.
With regard to both this and the preceding business, I think it much to be regretted that you did
not make yourself accurately acquainted with the subjects, before you wrote for public information
respecting them.
And knowing, as you do, that I have repeatedly, in your presence, and that of the Senate, ex-
ground ^ „ ^ . _ .
abominate, and to prevent the establishment of that which I desire to see, although I have no pros-
pect of being connected with it.*
Toronto, January 15th, 1851. James Beaven.
2. Reply of the Honourable P. B. de Blaquiere to the Reverend Doctor Be a yen.
I beg to acknowledge your Letter of the Fifteenth instant. I am not sensible that I have made
any "unwarrantable use of your name." It by no means follows, that I rested the character of the
Toronto University, (as adapted to, and harmonizing with. Religious Education suitable for Upper
Canada, ) exclusively, or even mainly, upon j^our continuing as a Professor attached to it. I brought
the fact forward as illustrative, and as affording to most minds, my own amongst the number, a con
viction, that Religion was not excluded from the Institution, as the Professor of Divinity of King's
College still adhered to it, — however strongly he was supposed to feel upon the subject of Religious
Education, and introduced measures tending to establish its Religious character.
My argument might equally have been aided had I referred to the Reverend Doctor McCaul,+ or
to the Reverend Professor Murray, as to yourself. But, assuredly, it never for a moment entered my
thoughts, that a Minister of Religion, who, it now appears, like you, holds " the University in abomi-
nation", could, under any circumstances, remain as one of its Professors.
1 make no observation upon this, nor will I enter upon, or analyze, the views with which you
introduce measures to the Senate, which, you allege, were not for the purpose I supposed, and stated
them to be. I thought, and still consider, that they were adapted to develope Religion in the Insti-
tution, notwithstanding I entirely disapproved of the manner in which they were introduced ; the
statements, on your part in the Senate, which preceded their introduction ; (to which I suppose you
allutle, ) and I would, at the time, have told you so, had I been in any way consulted before the step
was taken.
I entertained the apprehension that they were so injudicious as to induce the rejection of your
" Bye-Law" by those who would, I think, otherwise have readily acceded to it ; Indeed, I am now
aware, that such is the fact, as to one of the three Dissentients to your Bye-Law ; and I believe the
dissent of the other two arose from the same cause. So strong were my feelings at the time, as to the
probable result, which, if realized, would unquestionably have stamped the University with the char-
acter attempted to be fixed upon it by the Bishop of Toronto, and those who think with him, that I
had made up my mind to resign my situation as Chancellor the very instant your Bye- Law was
rejected ; and I communicated this resolution to Doctor McCaul at the time, and long before the
subject was taken up by the Senate. Had that event occurred I should have considered you as the
immediate cause.
Of course, you are at perfect liberty to sympathize with, to approve of, or to forward, by any
means you think proper to adopt, the measures intended by the Bishop to vest a despotic University,
continually without control, under the name of a " Church University." For my part I cannot find
language sufficiently strong to reprobate both the attempt and the manner in which that attempt has
been so insidiously conducted.
YoRKViLLE, January 18th, 1851. Peter B. de Blaquiere.
* See note on page 268 of this Chapter in regard to the Reverend Doctor Beaven's hostility as expressed in his remarks,
M inserted in the Minutes of the King's College Council of the 24th of April, 1849, pi«e 193 of the Eighth Volume of this
. U^ Doctor McCaul's views in regard to the Baldwin University Act of 1849, see pages 195, 196 of the Eighth Volume
of this Documentary History.
I
Chap. XXIV. PROCEEDINGS OF THE SENATE OF UNIVERSITY OF TORONTO. 271
3. The Reverend Doctor Beaven to the Honourable Peter B. de Blaqttiere.
I am sorry that you cannot perceive that you have made an unwarrantable use of my name • a
fact, which I imagine most persons would see very clearly, and what I know has been seen by many I
fully agree with you that it would have been to a certain extent the same, if vou had employed the
names of the Reverend Doctor McCaul and of the Reverend Professor Murray ; for you would have
used their names to bolster up a state of things which they disapprove ; and such a use of them would
have been unwarrantable. The difference is, that mine is a stronger case, and you ought to have felt
that It was stronger ;-that you were doing me a greater wrong by such a use of my name ; and that
you ought to have felt, that such a use of my name was a wrong to me. I am sorry to write to you
in this way, for I respected you a good deal before you came amongst us.
You have added to the wrong, by casting upon me the blame of the disposition of the Senate to
reject the Evidences of Religion By-law, when all I did was to endeavour to make them understand
exactly what it was that I proposed to them.
You have added to it still further, by insinuating that I do a thing inconsistent with my character
as a Clergyman, in remaining in the University with my present views. It is fortunate for me that
most persons are more candid, and do me the justice of confessing, as I do, that I submit to the
greatest mortification of my life only because I cannot see my way clear to acting otherwise. I trust
that you may never be placed in so painful a position.
Y^ou are perhaps not aware that I did actually resign my Professorship in August, or September,
last ; but, at the instance of Lord Elgin, I took advice on the subject, and, acting on that advice, I
remained. Many persons know well that, but for the advice of friends, I should have retired more
than a year ago.
Toronto, January 20th, 1851. James Beaven.
Read a Letter from the Honourable the Chancellor to the Secretary to the Senate, dated
the Twenty-seventh ultimo, stating, for the information of the Senate, that, in conformity with
the Twenty-third Sectionof the University Act of 1849, he had appointed Mr. Thomas G. Ridout,
Cas' ier of the Bank of Upper Canada, to be one of the Auditors for the Examination and
Audit of the Accounts of the University.
The Statute to terminate the Commission of Inquiry into the Affairs of King's College,
appointed by the Council of King's College on the 20th of July, 1848,* was considered and
adopted.
March 15th, 1851. The Members present were not suflScient to constitute a Quorum.
March 22tid, 1851. Read a Letter from the Honourable the Chancellor to the Secretary to
the Senate, dated the Eleventh instant, approving of the Statute for the granting of a Medal to
be given by him as a Prize for " Evidences of Natural and Revealed Religion."
The second reading of the Statute relative to the Matriculation Examination of the Students
in the University being resumed the President, seconded by Doctor James H. Richardson,
moved that the said Statute be discussed. (Carried.) The various Clauses were then respec-
tively carried, and the Statute was adopted. The Statute relative to the Fees payable by
Students was considered, amended and adopted.
Professor Doctor W. B. Nicol, seconded by Professor Doctor James H. Richardson, moved
That the Vice-Chancellor, The President, The Reverend Doctor James Beaven, Doctor W. C.
Gwynne and Mr. Joseph C. Morrison, be appointed a Committee to enquire into the duties,
salaries, and Emoluments of the inferior Oflficers and Servants of the University.
The subject of the Correspondence between the Honourable The Chancellor and the
Reverend Doctor James Beaven, Dean of the Faculty of Arts, being taken up, —
Professor Doctor James H. Richardson, seconded by Mr. John Roaf, Junior, moved that a
Committee be appointed to enquire into the conduct of, and expression of feeling towards the
University on the part of the Reverend Doctor James Beaven, Dean of the Faculty of Arts,
particularly, as manifested in the late Correspondence between him and the Honourable The
Chancellor, on matters connected with the University and now brought under the notice of the
Senate, and that the Committee be composed of the Vice-Chancellor, the President and the
Deans of the Faculties of Law and Medicine. {Carried.)
March 29th, 1851. Read the following Letter from the Secretary of the Commission of
Inquiry, dated the Twenty-second instant, transmitting a copy of four Resolutions passed by
the Commissioners at a Meeting held on that day having reference to a Statute of the Senate of
the Eighth instant, terminating the Commission on the First proximo.
"I have been instructed by the Commission of Inquiry into the Affairs of King's College
University and Upper Canada College to transmit to you, for the information of the Senate of
the University of Toronto, the enclosed four Resolutions passed by the Commissioners at a
meeting held by them this day.
Toronto, March 22nd, 1851. Frederick Rogers, Secretary.
* See pages 236, 237 of the Seventh Volume of this Documentary Historj-.
272 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1851
Resolutions Passed at a Meeting of the Commissioners of King's College Inquiry, on
March 22nd, 1851.
Resolved, 1st. That the Senate of the University, having, on the Eighth instant, passed a Statute,
ordering that, from and after the First proximo, no further payments be made from the funds of the
University, on account of the Salaries of Clerks in the service of the Commission, or for any other
purpose connected with the Inquiry, in which the Commissioners are engaged. The Commissioners
are, therefore, compelled to discharge all persons at present in their employment.
^'Resolved, 2nd. That, as the difficulties which the Commissioners have had to encounter, in the
prosecution of their inquiry, and by which, its duration, despite their utmost efforts to accelerate the
work has been protracted beyond their own expectations and wishes, have arisen from the unparalleled
irregularity of the University Accounts, and the discrepancy of its Records ; the Commissioners can
see no just grounds for the further retardation of the Inquiry by the Senate, in the enactment of the
Statute above referred to ; especially when, (as the Senate has been recently apprized by the Chair-
man,) the work is on the eve of completion.
^^ Resolved, 3rd. That, notwithstanding the obstructions cast in their way by the passage of the
Statute above referred to, the Commissioners will, at their own personal inconvenience, and pecuniary
sacrifice, if required, continue the work and bring it to a close, at the earliest possible date.
'* Resolved, 4th. That, as the Chairman of the Commission, the Honourable Judge Robert Easton
Burns, is about to leave this City, for the purpose of attending to his judicial duties, it is expedient,
that, in his absence, the labours of the Commission be conducted by the resident Commissioner, Doctor
Joseph Workman, who will take such measures for the prosecution of the work, as may, from time to
time, by the said resident Commissioner be found expedient, with a view to the earliest possible com-
pletion of the enquiry."
Read the Report of the Committee appointed to inquire into the conduct of and expression
of feeling towards the University on the part of the Reverend Doctor James Beaven, Dean of
the Faculty ot Arts, particularly as manifested in the Correspondence between him and the
Honourable the Chancellor, on matters connected with the University and brought under the
notice of the Senate. (The Report was received).
Mr. John Roaf, Junior, seconded by Professor Doctor W. R. Beaumont, moved that the
Chancellor be requested to call a Special Meeting of the Senate for the purpose of considering
the Report just submitted, and of hearing any statement which the Dean of the Faculty of Arts,
may desire to make thereon. {Carried.)
April 5th^ 1851. The Members present were not sufficient to constitute a Quorum.
April 12th, 1851. This Meeting having been specially summoned to take into consideration
the Report of the Committee appointed to enquire into the conduct of the Reverend Doctor
Beaven, Dean of the Faculty of Arts, it was moved by Professor Doctor James H. Richardson^
seconded by Mr. John Roaf, Junior, that the said Report be adopted ; the President, seconded
by Doctor J. J. Hayes, moved in amendment, that the said Report be permitted to lie on the
Table ; with the understanding, that the further consideration of the Report could be resumed
at any future Meeting, four days special notice thereof having been previously given.
{Carried.)
(Note. — This Report was not among the available University Papers.)
The following is a Statement of the Transactions connected with the Property and Effects-
of the Toronto University for the quarter ended the Thirty-first of March, Eighteen Hundred
and Fifty one, which was laid before the Senate by the Bursar : —
Receipts from the Investment Fund.
Cash in hand on the 31st of December, 1850, per Statement 4,409 15 ei
Instalments on sales of Land 1 296 2 1
Government Debentures redeemed ..!............. 1 . ' 47 14
£5,753 11 7^
Payment on account of the Building for the Medical Faculty 50
Balance in hand on the Slat of March, 1861 £5,703 11 7^
Chap. XXIV. PROCEEDINGS OF THE SENATE OF UNIVERSITY OF TORONTO. 273
Receipts from the Income Fund.
Interest on purchase money 2 008 16 4 *
Interest on Promissory Notes *..*.*.*.*..* '28 19 6it
Interest on Mortgages .'.'..'..*.*.*.".**' 60
Interest on Government Debentures . !!!!'...*..'* 267 17
Rents of leased lots .*.!!.'.*..*.*.** 496 18 5 '
Fees and dues '.*.*..*."*.*.'.'* * 29
Fees on Legal Instruments .'..*.*!.'.'.'.* 24 7
Insurance returned , * ' * ' 24 6 7
University Grounds ..*..'.*. 42 10
Law costs. £9, 1,11: Prize fund, £4, 15, 6 13 17 6
S^^les of Timber, 10/0 ; Postage returned, 1/1 *.!!*.!'.*.'..". 11 1
Wellington Scholarship, £91 ; Dividend on Bank Stock £7, 10s! ............ 98 10
£2,085 13 4^
Amount of disbursements as per account 2 127 18 3
Balance on hand , £42 4 lOA
April 19th, 1851. The Members present were not sufficient to constitute a Quorum.
April 26th, 1851, The Members present were not sufficient to constitute a Quorum.
April 30th, 1851. Read a Memorial of Doctor Gabor Naphegyi, late assistant Professor
of Chemistry and Botany at the Royal University of Pesth, in Hungary, offering his services to
the University of Toronto. Professor Doctor Lucius O'Brien, seconded by Professor Doctor
W. C. Gwynne, moved that it be, —
Resolved, That the Memorial of Doctor Gabor Naphegyi be referred to a Committee, con-
sisting of the Faculty of Medicine, and the President of the University, with a view to their
examining into the facts set forth in the Memorial, and reporting thereupon, more particularly
as to the expediency of taking immediate action in the establishment of a Botanical Garden
upon the University Grounds set apart for that purposiB. {Carried.)
The President, seconded by Professor Doctor W. C. Gwynne, moved that a Committee be
appointed to report, by Statute, or otherwise, on the accommodation which the University at
present possesses for conducting the business of the different departments of its work ; also,
whether any, and what, additional accommodation is required, and the best mode of providing
the same ; and that the Committee be requested to confer with the Members of the Board of
Endowment as to the supply of the necessary funds, — that the following be Members of this
Committee, — Vice-Chancellor Larrett W. Smith, President McCaul, the Deans of the Faculties
of Medicine and Arts, Professor Doctor W. C. Gwynne, Doctor J. J. Hayes and Mr. John
Cameron. {Carried.)
May 7th, 1851. Read the Report of the Committee to which had been referred the Draft of
a Statute, relative to the Chancellor's proposed Medal for encouraging the Study of the
"Evidences of Natural and Revealed Religion,' and the Draft of a Statute, as amended by
them.
Read the following Report of the Committee appointed to enquire into the accommodation
at present possessed, or required, by the University for its different departments :
The Committee, to whom it was referred to inquire regarding the accommodation at present pos-
sessed, or required, by the University for its different departments, beg leave to report, — that ttiere
are at present three Buildings, in which the business of the Institution is conducted, videlicet : The
East Wing on the University grounds, the new Medical Building, and the House rented from Mr.
George Ridout. In the first of these, that is, the East Wing, all the Lectures in the Faculties of
Languages and Arts are delivered, and some of those in the Faculty of Medicine. In it the Examina-
tions are held, and Rooms are set apart for the Library, the General Museum, the Philosophical Appar-
atus, and the Chemical Laboratory and Apparatus. On examination of the size of the Rooms
appropriated for these purposes, the Committee find, that they are wholly inadequate, even for the
present wants of the Institution,— the largest being only about Twenty-three feet by Fifteen.
The new Medical Building supplies sufficient accommodation for five of the Courses of Lectures in
that Faculty, containing convenient Lecture Room, Dissecting Room, Anatomical Museum, Professors'
and Curators' Rooms and Apartments for an Attendant, and his family, in charge of the Building. In
Mr. Ridout's House the Meetings of the Convocation, the Senate, the Caput, and the Endowment
Board are held. Here also, as in the East Wing, the accommodation is wholly inadequate to the
present wants of the Institution,— the largest room being only about Twenty-three feet by Eighteen.
The Committee are, therefore, unanimously of opinion, that the interests of the University re-
quire, that immediate measures should be taken to remedy the great inconvenience, which is at present
felt, from the want of sufficient accommodation for the different departments of the University.
18 D.E.
•
274 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1851
They would, with this view, recomn|end, that the East Wing should be applied to other purposes,
for which it may be better suited, by the large number of small Rooms, which it contains, and that a
Building, or Buildings, should be erected on the Grounds in the neighbourhood of the East Wing,
forming a part of a general plan to be hereafter fully carried out, as the wants of the Institution may
reauire, and the State of its funds may permit.
The principal accommodation, which should be provided comprehends a Library and Museum,
each about Fifty by Thirty, or Twenty-five, feet in size, a Hall about Seventy-five feet by fifty; six
Lecture Rooms, of which five should be capable of accommodating about one hundred auditors, and
one of sufficient dimensions for three hundred, or foui hundred, a Senate Chamber about Thirty feet
by Twenty-four ; a Laboratory about Thirty by Twenty-four feet, with four smaller Rooms attached,
a Room for Philosophical Apparatus, and one, or two, anterooms connected with each of the above
mentioned large apartments.
The Committee beg leave to subjoin the Draft of a Statute, in which they have embodied the
foregoing recommendations of their Report.
Toronto, May 3rd, 1851. John McCaul, Chairman.
The following is the Committee's Draft of a proposed University Statute : —
Whereas it appears that great inconvenience is felt for the want of Rooms of sufficiently large
dimensions for conducting the business of the University, and that its interests will be mutually
promoted by providing, without delay, accommodation commensurate to its wants.
Be it enacted by the Senate of the University of Toronto :
First. That the Endowment Board, having first secured an Income sufficient to meet the fixed and
estimated annual charges of the University, and also to provide a Salary for the Professor of Agricul-
ture, and that proportion of the salary of the Chairman of the Endowment Board, which may devolve
upon the University, be, and are hereby, authorized to raise the sum of Twenty Thousand pounds,
(£20,000,) in order that such portion thereof, as may be deemed necessary, may be applied to the
purpose of Building in the neighbourhood of the East Wing. {Carried.)
Second. That the Building Committee shall advertise for Plans, and take such other action as
they may seem to them expedient, with a view to providing, with as little delay as possible, the
necessary additional accommodation.
Third. That when a Plan shall have been approved by the Building Committee, the said Committee
shall advertise for Tenders for the erection of the Building, or Buildings, according to the Plans.
(Carried)
Fourth, That when the Tender shall have been accepted by the Committee, it shall be the duty
of the Solicitor of the University to take care that the necessary Contract, with proper Securities for
the due performance of the same, be executed by the parties ; and the work shall then proceed
under the direction of the Building Committed. {Carried,)
Fifth. That the aforesaid Committee be authorized, from time to time, to draw on the Chairman
of the Endowment Board for such sums as should be paid during the progress of the Building. {Carried. )
Sixth. That the following shall be the Members of the Building Committee. — The Reverend
Doctor James Beaven, Professor of Metaphysics and Ethics ; the Professors of Chemistry, of History
and Physiology, of Materia Medica, and also Doctor J. J. Hayes, and Mr. John Cameron. {Carried.)
Read the Report of the Board of Endowment, in accordance with the Twenty-second
Section of the University Act of 1849 ; and the Bursar laid on the Table the Accounts of the
University for the year Eighteen Hundred and Fifty, together with those from the Thirteenth
of August, (on which day the Board was fully constituted,) to the Thirty -first of December,
Eighteen Hundred and Fifty.
{Note. The Financial Report for the year 1850 is not available.)
Professor Doctor W. B. Nicol, seconded by the Reverend Doctor Beaven, moved that the
Statute reported by the Committee on Building be read. On motion of Professor Doctor
Lucius O'Brien, seconded by Mr. Joseph C. Morrison, the Report was adopted.
The Reverend Doctor J ames Beaven, seconded by Professor Doctor W. B. Nicol, moved
that the report of the Committee on the Medal for the "Evidences" of Religion be received
and adopted. {Carried.)
Professor Doctor W. C. Gwynne, seconded by the President, moved that the Report of the
Endowment Board be referred to a Committee consisting of the Vice-Chancellor, the President
and the Deans of the several Faculties of Arts, Law and Medicine. {Carried.)
May 14th, 1851. The Statute on Building having been reconsidered, Mr. Joseph C.
Morrison, seconded by Mr. David Buchan, moved the following in substitution of the First
Clause of the Statute, as concurred in on the 7th instant. [This page above.]
That the Endowment Board be authorized, and they are hereby required to raise, from time to
time, by the sale of such Lands as may seem to them expedient such sum, or sums, as may be necessary
to render the Income Fund of the University adequate to meet all sums now chargeable, or that may
hereafter become chargeable thereon ; and upon the execution of the Contract, as by this Building
Chap. XXIV. PROCEEDINGS OF THE SENATE OF UNIVERSITY OF TORONTO. 275
Statute directed the said Endowment Board are further required, upon the Requisition of the Build-
ing Committee of the Senate hereby appointed, to raise, by sale of Lands, or otherwise, such sum, or
sums not exceeding in the M^hole Twenty Thousand pounds, (£20,000,) as may be certified by the
Building Committee to be necessary for the completion of the works hereby authorized, at such times
as may be necessary to enable the said Committee to fulfil such Contract as may be entered into as
aforesaid,— any t^tatute, or Order, to the contrary notwithstanding. {Carried.)
On motion of the President, seconded by the Vice-chancellor, the Statute, as amended was
adopted. '
The Statute relative to the Honourable the Chancellor's proposed gift of a Gold Medal for
the encouragement of the Study of the "Evidences of Natural and Revealed Religion " having
been read, the various Clauses, the Preamble and Title were respectively carried unanimously
and the Statute was adopted. ^'*
The Statute to establish a Cycle for the retirement of the Crown and College additional
Members of the Senate was adopted.
Mr. Joseph C. Morrison, seconded by Doctor J. J. Hayes, moved that the Commission of
Visitation be requested to pass a Statute, fixing the amount of Salary payable to the Chairman
of the Endowment Board, and to define his duties ; and that the Secretary communicate this
Resolution to the Secretary of the Visitation Commission. {Carried.)
The Statute relative to the Salary of the proposed Professor of Agriculture, fixing the
Salary at Two Hundred and Fifty pounds, (£250,) per annum, was adopted.
May 21sU 1851. Read the following Report of the Committee to whiclr had been referred
the Memorial of Doctor Gabor Naphegyi.*
The Committee on the Memorial of Doctor Gabor Napheg}^, conformably to the desire of the
Senate, that they should state the grounds of the recommendation contained in their Report of the
Twenty-seventh instant, present a brief view of their proceedings : —
On the Thirtieth of April last, the Resolution was passed by the Senate, whereby the Committee
was appointed ; and, on the Second of May, the Committee held their first meeting, at which four
Members of the Committee were requested to call on the Memorialist, and converse with him on
Scientific subjects, with a view to ascertaining the expediency of assenting to the prayer of his
Memorial. At the next meeting of the Committee, the grounds of a claim, which, it was understood,
Doctor Naphegyi had both publicly and privately advanced to the invention of the hyalotype process]
were discussed.
On this subject, it appeared to the Committee that the merit of this invention was due to
Messieurs Larghim of Philadelphia, and indeed a perusal, subsequently, of one of the newspapers
testimonials in the German Language, contained in the album of the Memorialist, it was ascertained
that he had, on the occasion referred to in that paragraph, exhibited slides made by those Gentlemen.
Certain documents presented by Doctor Naphegyi were also taken into consideration ; among others a
Diploma, in the Hungarian language, of the University of Pesth. To this an English translation was
affixed ; but even, with this aid, the Committee was unable to pronounce any opinion on the Docu-
ment, as there were some obvious discrepancies between the original and the translation, which they
could not understand. At that Meeting a sub-Committee of Doctors Croft, Gwynne, King, Nicol and
O'Brien was appointed for the purpose of examinining into Poctor Naphegyi's qualifications, particu-
larly for the discharge of the duties which he had stated he was willing to undertake. An enquiry
into his plans for establishing a Botanic Garden was made, and Doctor Naphegyi stated that the
Garden might be enriched, through his instrumentality, by various specimens obtained in exchange
from European collections and mentioned that he had lately found, near the Whirlpool in the Niagara
River, a very valuable plant, which would command a high price in Europe, namely the Rafflesia-
Amoldii ; the well known parasitic plant, discovered in Sumatra, and found only in that and the
adjoining regions. He also proposed to increase the income of the Botanic garden, bj' employing part
of it as a Nursery Garden, more especially for the production of the Saffron of Commerce, by the
cultivation of the Colchicum Autumnale, a plant which has no other connection with the former than
the accidental similarity of its common English name, Meadow-Saffron.
He also touched on the difference between the Artificial and Natural Systems of Botany, in a
manner which induced doubts, that have since been confirmed by his answer to a direct question on
the subject. With reference to his qualifications for Curator of the Museum, he offered to prepare
artificial minerals, and also to model in wax. The Sub-Committee were unable to test the practical
knowledge of Doctor Naphegyi in these departments, as fully as they desired, in consequence of an
accident by which his hand was injured. Later, however, he was able to exhibit a preparation in
wax, of which it is sufficient to state, that such preparations do not appear calculated to offer any
advantage in either the Museum, or the Lecture Room.
It was then decided that a short paper, containing simple questions in Botany, should be prepared,
and that the Memorialist should be requested to give written answers to them.
These questions were prepared and handed to Doctor Naphegyi, through the President, who
assented to Doctor Naphegyi's desire to write the answers in German, as he expressed apprehensions
* I insert the Report of the Committee on this subject because of the special interest which the case of Doctor Naphegj'i
excited in Toronto at the time.
276 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1851
of falling into some error in consequence! of his imperfect acquaintance with the English language.
His answers were submitted to Professor Croft, who made an English translation of them, as far as he
could decypher them. This translation was subsequently placed by him in the hands of Mr. Hirsch-
felder, who, although he could not offer any explanation of the portions which Professor Croft had
been unable to decypher, yet fully concurred in the accuracy of the translation which had been given
of the other parts. The Conmiittee beg to subjoin copies of the Questions and Answers, which, they
are persuaded will furnish conclusive evidence, that no benefit could result from the employment of
Doctor Naphegyi's services in the department of Botany.
At a subsequent Meeting the Committee, having taken a review of the whole proceedings, were
of opinion that further investigation was unnecessary ; and influenced by motives, which, they trust,
will now be properly appreciated, decided on presenting the brief Report which was submitted to the
Senate, on the same day.
Toronto, June 4th, 1851. Lucius O'Brien, Chairman.
The Vice-Chancellor, seconded by Professor Doctor James Richardson, moved that the said
Report be received. (Carried.)
It was also moved, that the said Report be adopted ; whereupon Mr. Joseph C. Morrison,
seconded by Mr. John Cameron, moved in amendment, that the said Report be referred back to
the Committee, for the purpose of having the reasons stated why the Committee cannot recom-
mend the Memorial to the further consideration of the Senate specifying when and by whom the
examination was made and upon what branches. (iS'ote. The Minutes of the Senate do not state
what was done with this amendment.)
Professor Doctor John King, seconded by the Honourable Doctor Christopher Widnier,
moved in amendment, that the Questions proposed by the Committee to Doctor Gabor Naphegyi
through the President, and the Answers to them be read to the Senate, for their guidance and
information, and that the said Questions and Answers be placed upon the Minutes of the
Senate. (Carried.)
(Note. These Questions and Answers being very voluminous, and of an
entirely scientific character, are not inserted here.)
In accordance with Statute number Thirty, establishing a Cycle for the retirement of the
additional Crown and Collegiate Members of the Senate, the Honourable the Chancellor pro-
ceeded to carry out its provisions, and announced that the following Members, havins;the lowest
numbers drawn, should vacate their Seats on the first of June next, namely ; —
Crown Members. Collegiate Members
The Honourable Christopher Widmer, M. D. Mr. John Cameron.
The Honourable Henry Sherwood, Q. C. Mr. John Roaf, Junior.
The Statute to amend the third Clause of Statute Number Fourteen having been read a
second time, the Preamble and Title were then respectively carried and the Statute adopted.
May 26th, 1851. The Members present were not sufficient to constitute a Quorum.
May 28th, 1851. Read a Letter from the Honourable the Chancellor to the Secretary of
the Senate, transmitting for the information of the Senate a certified Copy of certain Statutes.
Chaptered respectively One, Two, Three, and Four, reported to His Excellency the Governor
General by the Commissioners of Visitation of the Toronto University, and approved by him,
each bearing the signature of the Honourable the Provincial Secretary.
{Note. Neither this Letter nor Copies of the Statutes named are available.)
Read a Letter from the Honourable the Chancellor to the Secretary of the Senate, enclosing
the following Letter from the Honourable the Provincial Secretary, notifying the acceptance by
His Excellency the Governor General of the resignation of the Honourable Francis Hincks of
the Office of Chairman of the Endowment Board, and the appointment by His Excellency of
Mr. David Buchan to that Ofl&ce ; also, of the acceptance by His Excellency of the resignation
of Mr. David Buchan as one of the Crown Members of the Senate. The following is the Pro-
vincial Secretary's Letter : —
I have the honour, by command of the Governor General to acquaint you, (for the informa-
tion of the proper authorities of the University of Toronto,) that His Excellency has been
pleased to accept of the Honourable Mr. Hincks' resignation of his office as Chairman of the
Endowment Board of the University of Toronto and the Upper Canada and Royal Grammar
School, and that His Excellency has also been pleased to accept of Mr. David Buchan 's resigna-
tion of his office as a Crown Member of the Senate of that University ; and that His Excellency
has been pleased to appoint the latter named Gentleman to the office of such Chairman
aforesaid. Mr. Buchan has been instructed to transmit to me the names of his necessary Sure-
ties, with a view to their being submitted to the Senate of the University, and to the Council of
Upper Canada College, for their approval, as required by the Statutes of the University. -
Toronto, May 23rd 1851. James Leslie, Secretary.
Chap. XXIV. PROCEEDINGS OF THE SENATE OF UNIVERSITY OF TORONTO. 277
Subsequently Mr. Buchan named Messieurs David Paterson and William McMaster,
Merchants, Toronto, as his Sureties
The Secretary of the Senate laid on the Table a Statement of all the Sums received by
Professors from the University to the Thirty-fin^t of December, 1850, in accordance with a
Resolution of the Senate of the First of February, 1851.
(Note. This Statement was not found by me among the University Papers.)
The consideration of the Case of the Reverend Doctor Beaven, Dean of the Faculty of
Arts, having been resumed. (The Reverend Doctor Beaven retired) Mr. John Roaf Junior,
seconded by Professor Doctor James Richardson, moved that the Report of the Committee,
respecting the conduct of the Reverend Doctor James Beaven, Dean of the Faculty of Arts be
taken up and adopted. Whereupon The President, seconded by Doctor J. J. Hayes, moved, in
amendment, that, in consequence of the lateness of the hour at which this motion has been
brought forward, and the previous withdrawal of several Members of the Senate, it is not
expedient to decide on so important a subject at present, but that it shall be the first item on the
order of the business for the first Special Meeting after that called for Saturday next. (Carried.)
May Slst, 1851. The Senate proceeded to the election of a Vice-Chancellor for the ensuing
year. Professor Doctor John King seconded by Doctor J. J. Hayes moved that Professor George
Herrick M.D. A.B. be the Vice Chancellor for the ensuing year, whereupon Professoi Doctor
Skeffington Connor, seonded by Professor Doctor W. R. Beaumont, moved that Doctor Croft be
re-elected Vice-Chancellor for the ensuing year. {Carried)
June Jfth., 1851. The Members present were not sufficient to constitute a Quorum.
June llthj 1851. The Members present were not sufficient to constitute a Quorum.
June 18th, 1851. The Members present were not sufficient to constitute a Quorum.
June 25th, 1851. The Members present were not sufficient to constitute a Quorum.
July 2nd, 1851. The Members present were not sufficient to constitute a Quorum.
July 9th, 1851. The Members present were not sufficient to constitute a Quorum.
July 16th, 1851. The Members present were not sufficient to constitute a Quorum.
July 23rd, 1851. The Members present were not sufficient to constitute a Quorum.
July 28th, 1851. The Members present were not sufficient to constitute a Quorum
August 1st, 1851. Read a Letter from the Honourable the Chancellor to the Secretary of
the Senate dated the Thirty First of May, 1851, transmitting a Letter from the Provincial
Secretary of the same date, submitting, for the approval of the Senate, the names of Messieurs
David Paterson and William McMaster of Toronto, Merchants, as Sureties for Mr. David Buchan,
Chairman of the Board of Endowment.
Read a Letter from the Honourable the Chancellor to the Secretary of the Senate, dated
the Twenty-fifth of June, 1851, transmitting a Letter from the Provincial Secretary, requiring
a Tabular Return of all Fees, etcetera, paid to Professors, according to an extract from a Reso-
lution of the Legislative Assembly of the 18th of June, 1851, attached to the Letter.*
(Note. None of these University Senate Documents are available.)
Read a Letter from' the Honourable the Chancellor to the Secretary of the Senate, dated the
Second of July, 1851, enclosing the following Letter from Mr. David Buchan, the Chairman of
the Endowment Board, dated the First of July, on the subject of the fees payable to the
Members of the Board, and to the Secretary of the Senate, when there is no Quorum of the
Board, or Senate, present : —
I am desired by the Endowment Board to communicate with the Senate on the following subject :
1. By Statute of the Senate, Number Ten, S'ection Nine, it is provided :—
" That the University Members of the said Endowment Board shall each be paid the sura of
Twenty-five shillings, [$5J per diem for each day's actual attendance at the Meetings of the Board,
2. In complving with this enactment, the question arose at a very early date, whether the phrase,
"actual attendance at the Meetings of the Board" necessarily implied that there must be a Quorum
of the Board on each occasion, to entitle a Member, or Members, to the allowance ; and whether,
when a Member had left his own business aff'dirs and came to the Office of the Board, at the hour of
Meeting, prepared to perform his duty, he was not as much entitled to the allowance made, as if there
had been a Quorum present. The decision come to by the Board, I am informed, was, that, m such a
case, the re(|uirement of the Statute had been complied with ; and that, if only one Member presented
himself, and thus no regular business could be transacted, such Member was entitled to, and should
receive, the allowance. While they arrived at this conclusion, and, while they think it both reason-
able and just, some of the Members have felt rather doubtful as to their right to the fee, lest, m
putting such an interpretation on the Statue, they may be really acting contrary to the intentions of
*See Proceedings of the House of Assembly, page 228 of this Volume.
278 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1851
the Senate. The Board, therefore, think it is their duty to make the Senate aware of their practice,
lest any future misunderstanding should arise out of it.
3. To show, however, that the matter, practically, is one of small importance as regards expence,
I will take the last six months as an example. During that time there have been altogether Fifty-
seven Meetings minuted in the Book. At all, of these, except nine. Quorums have been present ; and,
with regard to the nine, at which Quorums were wanting, at only three of these does it appear that
an adjournment was made without business of importance being done. In three instances, accounts
were gone over ; — in a fourth, a large number of Deeds were sealed ; in another, orders were given,
necessary for the protection of the Property of the Institution ; and in a sixth, a conference was had
with the Solicitor.
4. This further view is to be taken of the case ; — It is certainly of importance to the well-working
of the Board, and tends to the insurance of a Quorum, that Members feel sure of indemnification for
their time and trouble, and the neglect of their own business, incurred in going to the Meetings,
whether there is a Quorum, or not. Under an opposite interpretation than that arrived at by the
Board, there would be great danger of the business falling behind, through the frequent failure to
obtain a Quorum ; and, as I am exceedinglj^ anxious, as an individual Member, to push forward the
business of the Board, I trust that the Senate will forgive me for intreating that they shall not put on
their Statute a less liberal interpretation than that on which the Board have been acting.
5. In connection with this subject, I am further instructed to request the attention of the Senate
to the Third Clause of Statute A,* by which it is enacted :
** That the Secretary (of the Senate) shall be paid out of the funds of the University the sum of
One pound per diem for each day's attendance at the actual Meetings of the Senate."
6. In this case the Board came, at an early period, to a similar determination to that arrived at
in thfir own case. They thought that, inasmuch as, whether there was a Quorum, or not, Mr.
Cameron's attendance was necessary ; that, in all cases, he had to issue the notices and make the other
preliminary arrangements for the Meetings ; and that the Meetings of the Senate was actually called,
although the object in calling them might not be carried out, for want of a Quorum ; that, therefore,
they could not interpret the Act in this case otherwise than they had done in the case which applied
to themselves.
ToROxVTO, July 1st, 1851. David Buchan, Chairman of the Endowment Board.
Read a Letter from the Chairman of the Endowment Board to the Secretary of the Senate,
dated the Eleventh and Sixteenth of July, 1851, transmitting a Statement of the University
Accounts for the Quarter ending the Thirty-first of March and the Thirtieth of June, 1851,
showmsj the Receipts of the Investment Fund to be, for the Quarter, £7,393.3.3, and the Pay-
ments, including an investment in Debentures of £7,000, to be £7,090.7.9. For the Income
Funds the Receipts were £7,393.3.5, and the Payments, £7,090.7.9 ; Balance in hand. £302. 15.8. t
Read the following Letter from the Provincial Secretary to the Vice- Chancellor, dated the
Twenty Second of July, 1851, transmitting eight Warrants, appointing eight Gentlemen therein
named to the Senate of the University : —
I have the honour, by command of the Governor General, to transmit to you herewith eight
Warrants, appointing the undermentioned Gentlemen to the Senate of the Universitv of Toronto,
namely : — .. »
'^!5\?*'°°"^^^^® Doctor Christopher Widmer, (reappointed), The Honourable S. B. Harrison, Q
C., and Mr. John G. Bowes to be Crown Members, in place of the Honourable Henry Sherwood and
Mr. David Buchan ; and The Reverend Egerton Ryerson, D.D., The Reverend Michael Willis, D.D ,
ihe Keverend John Jennmgs, The Reverend Adam Lillie and The Reverend Bernard O'Hara to be
^olleciate Members, m place of Messieurs John Cameron, John Roaf Junior, John McMurrich, William
PiTOudfoot and James Hallinan.
Toronto, July 22nd, 1851. James Leslie, Secretary.
t.u J^^^^^^^^ Doctor John King, seconded by Professor Doctor George Herrick, moved, that
the Committee, (appomted under Section iii of the University Statute xxi), be requested to
select forthwith, from the portion of Land, which it is proposed to appropriate for an Agricul-
tural J< arm, not less than six acres for the purposes of a Botanic Garden ; and that the following
Members of the benate be a Committee to take such action as may seem to them to be necessary
and expedient, with the object of forming a Botanic Garden ; and, that the said Committee do
consist of the President, the Professors of Chemistry, Theory and Practice of Medicine, Materia
Medica and of Agriculture, ex officio.
Read a Letter, as follows, from Mr. Robert Easton Burns, Chairman of the Commission of
inquiry into the affairs of King's College, dated the 28th of July, 1851 : -
nowl?^ Commissioners of Inquiry into the Financial Affairs of the University of King's College have
now closed their work and submit to you, in the absence of the Chancellor, their final Report. This,
* None of these older Statutes of the University are available.
have^td'eid^rs^t'emtnTSher^^^^^^ ^'^"'^^'^^ Sheet., with this info^ation. (as laid before the Senate.) I
Chap. XXIV. PROCEEDINGS OF THE SENATE OF UNIVERSITY OF TORONTO. 279
together with proper balance sheets of the affairs of the Upper Canada College, as well as of the Uni-
thT&mTss"rin"l848 ' '" """^^'^^'^ ^''^ '^' '^^'^ ^1^"«^ °f ^he University Statute appointing
The Commissioners also submit an account, shewing the entire expenditure on account of the
Commission and the balance now due upon the final close. This sum £199.14.6 of balance the Com-
missioners have incurred on their own responsibility since the 31st March last, and as will be seen the
whole amount is independent of any remuneration which the Commissioners may be entitled to, under
the 4th clause of the Statute. '
On the 30th of September, 1848, £25 was received by Mr. John Wehenhall towards his expenses,
and this sum appears in the Commissioners accounts. A further sum of £100 was paid to Mr. Wehen-
hall on the 10th November, 1849, for which he stands charged in the University Books, the Commis-
sioners having no knowledge of this payment at the time it was paid, and will be found in the balance
sheet under the head of expenditure.
There is some office furniture a list of which accompanies this note, and which being paid for and
included in the accounts may be useful in some way in the office of the University.
Toronto, 28th July, 1851. Robert E. Burns, Chairman.
August 6th, 1851. The Members present were not suflacient to constitute a Quorum.
August 13th, 1851. Professor Doctor John Kinsf, seconded by Professor Doctor George
Herrick, moved, that, in the room and stead of Mr. John McMurrich and Mr. John Cameron,
(no longer Members of this Senate), Mr. John G. Bowes, Mayor of Toronto, and the Reverend
Egerton Ryerson, D.D., be appointed Members of a Committee lately appointed by the Senate
to select a certain portion of the Grounds of the University for the purposes of an Agricultural
Experimental Farm. . . . {Carried.)
Professor Doctor James H. Richardson, seconded by Doctor J. J. Hayes moved, . . .
that the Building Committee be directed to take proper measures for the erection of a Lodge at
the Eastern extremity of the Yonge street Avenue. {Carried.)
Professor Doctor W. B. Nicol, seconded by Professor Doctor James H. Richardson, moved,
that the Honourable Doctor Christopher Widmer be a Member of the Building
Committee, in place of Mr. John Cameron. {Carried.)
The Statute, relative to the Declaration of Secrecy, made on the admission of Members of
Convocation, and enacting that such shall not be binding for the future, was read for the
first time, and it was moved and seconded, that the following Questions be submitted to the
Law Officers of the Crown for their opinion : —
"1. Is the Power of instituting Professorships and assigning Salaries vested in the Senate,
or in the Commission of Visitation ?"
"2. Does the appointment of the Bursar of the University belong to the Senate, or to
the Board of Endowment ?"
August 18th, 1851. The Members present were not sufficient to constitute a Quorum.
Augu^st 20th, 1851 The Members present were not sufficient to constitute a Quorum.
August 27th, 1851. The Members present were not sufficient to constitute a Quorum,
September 27th, 1851. The Members present were not sufficient to constitute a Quorum.
October 3rd, 1851. Read a Letter from the Honourable the Chancellor to the Secretary of
the Senate, dated the Second of October, 1851, transmitting a Letter from the Secretary of the
Agricultural Association of Upper Canada of the Twenty-seventh ultimo, with a Resolution on
the subject of the Chair of Agriculture and Experimental Farm, passed at the Annual Meeting
of the said Association held at Brockville.
(Note. None of this Correspondence is available.)
The further consideration of the Reverend Doctor Beaven's case, being the first item on the
agenda notice, the Secretary, at the request of Members of the Senate, lately appointed, who
were not fully aware of the charges preferred by the Chancellor of the University against the
Reverend Doctor James Beaven, read the Report of the Committee appointed to enquire into
his proceedings and the expression of his feelings towards the University, whereupon Professor
Doctor James H. Richardson, seconded by the Honourable Doctor Christopher Widmer,
moved, that the said Report be brought up for adoption at the first Meeting of the Senate upon,
or after, the first of November next. {Carried.)
Professor Doctor Skeffington Connor, seconded by the Reverend Doctor Egerton Ryerson,
moved, that the Rule of the Senate requiring notice of intention to introduce a Statute to amend
the University Statute Number Thirty- two be, in this instance, dispensed with. {Carried.)
Professor Doctor Skeffington Connor, seconded by the Reverend Doctor John McCaul,
moved, that the said Statute be read a first and a second time. {Carried.)
280 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1851
On motion of Professor Doctor W. ±1. Beaumont, the Statute relative to the Declaration of
Secrecy, on the admission of Members of Convocation, wa« read a second time and adopted.
The Statute relative to University and District Scholarships was also read a second time
and adopted.
(Note. No copy of this or other of the older Statutes of the Senate are available.)
October 11th, 1851. The Members present were not sufficient to constitute a Quorum.
October ISth, 1851. Read the following Letter from the Chairman of the Endowment Board
to the Secretary of the Senate, dated the Seventeenth instant, transmitting a Letter from the
Provincial Secretary, dated the Ninth instant, on the Subject of an application submitted to
the Governor General for the payment of the balance of an account due to the Commissioners
of Inquiry into the Financial Affairs of the late University of King s College, together with a
Statement of Cash received by the said Commissioners from the Bursar of the University to the
Thirty-first of March, 1850, and of the Expenditure up to the Twenty-ninth of July, 1851.
The following are copies of these Documents in order, videlicet :
I. Letter from the Chairman or the Endowment Board to the Chancellor of the University.
1. I have the honour, by direction of the Endowment Board, to forward to you a copy of a Letter
received from the Provincial Secretary, on the subject of the payment of the account rendered by the
Commissioners of Inquiry into the affairs of King's College : together with a copy of the account itself
and so much of the Statutes of King's College, under which the Commission went into operation, as
relates to the payment of their expenses and allowances.
2. The object of sending these Documents to you is to request your consideration of the question,
whether, as Chancellor of the University of Toronto, you are the proper Otficer to furnish the War-
rant for the payment of these Salaries and Allowances to the Commissioners.
3. You will remember, no doubt, that, on the 29th of March last, the Senate passed a Statute,
suspending all payments after the first of April.* By order of this Board, I have made a communica-
tion to the Senate, through the Secretary, requesting a repeal of that Statute. I presume that the
matter will be taken up to-morrow.
Toronto, 17th of October, 1851. David Buchan, Chairman.
Enclosure : Extract from Section Four of Statute Number Two of King's College, adopted on the
Twentieth of July, 18 48.
" That the Commissioners [for making an Inquiry into the Aflfairs of King's College], on making their final Report,
shall be entitled to such allowance, from the funds of the University, not exceeding that usually allowed to Commissioners
appointed for similiar purposes by the Crown, as His Excellency the Chancellor, for the time being, shall, by Warrant, under
his Hand and Seal, think fit to appoint, as well for their own loss of time and trouble in performing the services hereby
required of them, as for all incidental expenses of Clerks, Stationery and the like, which allowance shall be paid by the
Bursar of the said University, in obedience to such Warrant." t
II. From the Provincial Secretary to the Chairman of the Endowment Board.
I have the honour herewith to transmit to you, (as Chairman of the Endowment Board of the
University of Toronto, and Upper Canada College,) an application submitted to the Governor General
for payment of the balance of an Account due to the Commissioners of Inquiry into the Financial
Affairs of the late University of King's College, and to inform you, that His Excellencv is advised
that, in the altered position which he holds, in regard to the University, under the Act, of 1849, Twelfth
Section Chapter Eighty-two, it does not belong to him to deal with that application.
As, however the Twenty second Section of that Act, makes it the duty of the Endowment Board
of the University to take upon themselves the general charge, superintendance and management of the
property and effects of the University, out of which the claim, by the University Statute itself, is
directed to be satisfied, His Exellency has been pleased to cause the Accounts in question to be trans-
mitted to you for the consideration of that Board, as the proper authority to deal Math this as with
other precuniary obligations of the University.
Toronto, October the 9th, 1851. James Leslie, Secretary
Enclosure: I. Statement of Gash Received hy the Commissioners of Inquiry
into the Affairs of Kind's College from the Bursar of the University up to the
Slat of March, 1850, and of the Expenditure up to the 29th of July, 1851.
(Note. The particulars o£ in this Statement are too minute and voluminous
to insert in this place. They show that the Expenditure, up to the 29th of July,
* See pages 271, 272 of this Chapter.
t See page 237 of the Seventh Volume of this Documentary History.
Ghap. XXIV. PROCEEDINGS OF THE SENATE OF UNIVERSITY OF TOR'>NTO. 281
1851. amounted to £2.533.17.8. The Receipts from the Barsar amounted to £2.
334.3.2,— leaving a Balance due to the Commissioners of £199.14.6.) I also con-
dense the following information of Enclosure II. as follows :
Enclosure : II. Statement of Services rendered by the Commissioners :
By, Mr. John Wetenhall, from the 7th of August, 1848, to the 3rd of Febru-
ary, 1850 : also 126 Meetings of the Commission and 20 personal Visits.
By the Honourable Robert Easton Burns, from the 7th of August, 1848, to
the 28th of July, 1851 : also 87 Meetings of the Commission and 20 personal
Visits.
By Doctor Joseph Workman, from the 7th of August, 1848, to the 10th of
July, 1851, and 313 personal Visits.
Note. The Personal Visits of the Commissioners, on official business, varied
from one hour to ten hours each. Of the 313 Visits made by Doctor Joseph
Workman, about one-third of them extended over the entire Office hours of the
days on which they were made, and much labour was performed by him at his
own Residence at night, — of which no record has been made in the Minutes of
the Commissioners.
The Statute to amend Statute number Thirty-two of the University being read a second
time, Professor Doctor Skefl&ngton Connor, seconded by the Reverend Doctor Michael Willis,
moved that the said Statute be adopted ; whereupon the Reverend Doctor McCaul, seconded by
Doctor J. J. Hayes, moved that the number of Members of the Building Committee be nine, and
that the Quorum be five, which amendment was lost. The original moiion was then carried and
the Statute adopted.
The Statute for the purchase of Microscopic Specimens was read a second time, Professor
Doctor James fl. Richardson, seconded by Professor Doctor Lucius O'Brien, moved that the
sum of Forty pounds be inserted in the Statute. {Carried.)
The President, seconded by Professor Doctor James H. Richardson, moved that the follow-
ing be added to the Statute: "and chat the Endowment Board be, and they are hereby, author-
ized to invest such amount in such purchase " {Carried.) The said Statute was then adopted.
The Statute to enable Gentlemen to take and receive Degrees in this University, on passing
certain Examinations, being read a first time, The Dean of Law the Faculty, seconded by the
Reverend Doctor Michael Willis, moved that the said Statute be referred to a Committee, con-
sisting of the Vice-Chancellor, the President, the Deans of the Faculties of Law, Medicine and
Arts ; the Mayor, the Reverend Doctors Willis and Ryerson, the Honourable S. B. Harrison,
the Reverend Adam Little and Doctor J. J. Hayes, and that seven be a Quorum. {Carried.)
October 25th, 1851. Mr Joseph C. Morrison, seconded by the Reverend Doctor James
Beaven, moved that the Secretary of the Senate address a Communication to the Provincial
Secretary, requesting that he will be pleased to transmit, for the im formation of the Senate, a
Copy of any Report, or Reports, to the Government of the Commission of Visitation. (Carried.)
'J'he Reverend Doctor John McCaul, seconded by Mr. Joseph C. Morrison, moved that Mr.
Robarts be appointed Auditor in the place of Mr. W. Scott Burn deceased. {Carried.)
November 1st, 1851. The further consideration of the Report of the Committee, to whom
had been referred the case of the Reverend Doctor James Beaven, being the first item on the
Notice Paper, and the Report being read. Professor Doctor James H. Richardson, seconded by
Professor Doctor W. C. Beaumont, moved that the said Report be adopted ; whereupon the
Reverend Doctor John McCaul, seconded by Doctor J. J. Hayes, moved, in amendment, that
the said Report be referred back to the Committee, with instructions to amend the same,
which amendment was lost, and the original motion was carried.
Read a Letter from the Honourable the Chancellor, dated the 21st ultimo, on the subject of
the payment of certain expenses of the Commissioners of Inquiry into the Affairs of King's
College. The Letter was as follows :
282 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1851
I transmit herewith a Communication I lave received from Mr. David Buchan, the Chairman of the
Endowment Board, enclosing an account of the expenses of the Commission of Inquiry into the affairs
of King's College, under which the Commission was appointed.*
I request that you will submit these papers to the Vice-Chancellor, and to state that it appears
desirable that a special Meeting of the Senate should be summoned to take the subject into considera-
tion.
There can be no doubt but that, under the King's College Statute in question, the expenses of the
Commission are to be defrayed, when their final Report is made ; and the mode of doing so I conceive
must be by a Statute of the Senate to that effect, authorizing the Board of Endowment to pay the
same ; but I do not think that the Senate are competent, of their own knowledge and authority, to
determine what is the amount of remuneration, " usually allowed " "to Commissioners appointed for
similar purposes by the Crown," and I would respectfully suggest that the Senate give directions for
the transmission to the Provincial Secretary, of the account furnished, in order that His Excellency
the Governor General-in-Council mav be pleased to state the sum which is to be paid, and for which
the Senate are to pa3s a Statute, embracing the whole expenditure.
I trust that the result of this Commission is such as will justify the large expenditure incurred in
carrying it on ; but, as to which I have not, at present, any means of forming an opinion.
Under the Statute of King's College the Warrant for payment of these expenses is directed to be
signed " by the Chancellor for the time being "t If the Senate now passes a Statute for the payment,
it can set aside that part of the King's College Statute and direct it to be made through the Board of
Endowment, in the usual way of other payments.
Woodstock, October 21st, 1851. Peter B. de Blaquiere, Chancellor.
The Chancellor also sent a copy of the following Letter which he had addressed on the same
day to the Chairman of the Endowment Board : —
I beg leave to acknowledge the receipt of your Letter of the 17th instant with its enclDsures.
Although the payment of the expenses of the Commission of Inquiry into the affairs of King's
College will have to be made through the Board of Endowment, I do not think the same can be done,
even when the amount is ascertained, except under the directions of a Statute of the Senate, and the
Warrant for the payment of which, (as the Statute of King's College is still in force, ) would be signed
bv the Chancellor, for the time being, as directed ; but, to prevent unnecessary delay, this can be
obviated by the Senate, so wording the intended Statute for payment of the expenses as to set aside
that part of the enactment of King's College Statute relating to this matter, and directing the pay-
ment to be made by you, as Chairman of the Board of Endowment, in the usual way of other payments.
Trusting that the Board and yoii will agree with me in opinion as to what ought to be done I beg
to enclose you a copy of [the foregoing] Letter, which I have addressed to the Secretary of the Senate,
and which I trust will at once put the matter in train of immediate settlemeno.
Woodstock, 21st October, 1851. Peter B. de Blaquiere, Chancellor.
November 8th, 1851 . Professor Doctor W. R. Beaumont, seconded by Professor W. B.
Nicol, moved that the Seventh Rule of the Senate be suspended, and that the Solicitor of the
University be requested to give his opinion to the Senate as to the Questions, submitted by the
President, to the Law Officers of the Crown, on the 13th of August last, to which questions no
reply has yet been received. {Carried.)
November Ibth, 1851. The notice of motion, relative to the Reverend Doctor James Beaven,
by the Reverend John Jennings, having been brouijht forward, and the Reverend Doctor Beaven,
having spontaneously expressed himself in a satisfactory manner, was withdrawn with the unani-
mous consent of the Senate.
A Statute was passed authorizing the purchase of Books for the Library in the department
of Moral Philosophy and Metaphysics and other Books recommended by a Committee of the
Senate.
Read the following Report of the Caput of the University in regard to the Chair of A^ri-
culiure :
The Caput reports, that, conformably to Statutes Numbers 21 and 31, passed by the Senate of the
University, relative to the Chair of Agriculture, Candidates were notified, by public advertisement,
to transmit to, and deposit in, the Bursar's Office their respective Testimonals, on, or before, the First
day of August, 1851.
Conformably to this notice, the following candidates deposited testimonals, videlicet:— Mr. Fyfe,
Mr. George Buckland and Mr. H. Y. Hind ; but, during the present week, the last named gentleman has
informed the Caput that "it is not his wish to continue a Candidate for the Chair." They have
* Neither this Letter from the Chairman of the Endowment Board, nor the account enclosed by him, were among the
l-apers of the University to which I had access. They may have been utnt to the Provincial Secretary.
t See page 237 of the Seventh Volume of this Documentary History.
Chap. XXIV. PROCEEDINGS OF THE SENATE OF UNIVERSITY OF TORONTO. 283
consequently returned to Mr Hind the testimonials, which he had transmitted, and have, in conse-
quence, revised the Draft of their Report. "avc, m uuiibe
After a most careful examination of the documents, submitted by the remaining Candidates, the
Caput IS of opinion, that the Testimonials presented by Mr. George Buckland, not only supply most
satisfactory evidence of his high qualihcations for the Chair of Agriculture, but also are much superior
both in number and value to those transmitted by his competitor. ...
Toronto, November, 1851. John McCaul, Chairman.
Novemher 22nc? 1851. Read a letter from Doctor Workman, late Commissioner for inquiry
into the Affairs of King s College, as follows : ^
io^i^^?i^°"°5?^\V/,"'^^l^°^^''^ ^; 5''''"^ ^^^ P^^^^^ ^n ™y hands a note, dated 22nd of October,
1851, addressed to 'the Chairman of Commission of Inquiry, Toronto, bearing your signature, and
requesting, on behalf of the Senate of the University of Toronto," a detailed Statement of the cash
received from the Bursar of the University and expended " by the Commissioners.
I beg to refer you, for the information desired by yon, to the statement furnished by the Com-
missioners to the former Bursar on the 17th September, 1850, and to the subsequent one of the 28th
July, 1851, furnished to His Excellency the Governor General, and since forwarded to the Chairman
of the Board of Endowment.*
Toronto, 20th November, 1851. Joseph Workman, M.D.
November 29tK 1851. Professor Doctor John King, seconded by Mr. John G. Bowes,
moved that an humble Address be presented to His Excellency the Governor General, Visitor
of the University, praying that he would be graciously pleased to cause to be laid before this
Senate a copy of the Report of the Commission of Visitation, appointed under the provisions of
the Act of the Province of 1849, amending the Charter of the University, (12th Victoria, Chapter
82, Section 48,) upon the claims of certain Professors, who have been disappointed in their
reasonable expectations with respect to the amount of their Salaries, or other emoluments.
(Carried.)
December Qth, 1851. The Members present were not sufficient to constitute a Quorum.
December ISth, 1851. Professor Doctor James H. Richardson, seconded by the Reverend
Doctor Michael Willis, moved that Rule Number Seven be dispensed with, and that a Com-
mittee be appointed to communicate with the Honourable the Chief Justice J. B. Robinson, as
Trustee to His Grace the Duke of Wellington, and inquire into the present State of the
Wellington Scholarship ; such Committee to consist of the Vice-Chancellor and the Reverend
Doctor Michael Willis. (Carried.)
December 20th, 1851. Read a letter from the Honourable the Chancellor to the Secretary
of the Senate, dated the Twelth instant, stating, for the information of the Senate, that he had
appointed Mr. Thomas G. Ridout, Cashier of the Bank of Upper Canada, one of the Auditors, in
compliance with the University Act of 1849.
A Statute, on motion of the Reverend Doctor Egerton Ryerson, was passed to restore to
Professor Croft the amount of his House Rent.
Read the Report of the Committee appointed to inquire into matters appertaining
particularly to Statute Number Twenty-six as follows : —
Report of Committee on affairs of Commission of Inquiry into the Affairs of King's
College : —
The Committee appointed by the Senate to inquire into matters particularly appertaining to
Statute Number Twenty-six, respectfully report : —
1. That they have carefully examined the said Statute, and find that it merely suspended
payments of monies to the Commissioners and Clerks, or, for the purposes of the commission, which
should acrue after April 1st, 1851, and did not otherwise affect the original Statute of King's College,
of July, 1848, by which the Commission of Inquiry was formed, as to its powers and duties.
2. That they have also cursorily examined the Accounts furnished by the Commission, and,
whilst they regret the large expenditure incurred by the Commission, they are, notwithstanding, of
opinion that it is expedient to authorize the payment of monies which have accured on account for the
purposes of the Commission since April 1st, 1851, by repealing the said Statute Number Twenty-six.
3. That, in the opinion of your Committee, nothing appears in that Statute to prevent the Endow-
ment Board from paying forthwith all expenses of the Commission incurred before April 1st, 1S51,
devolving on the University.
With reference to the amount of compensation to be awarded to the Commissioners themselves,
your Committee think that it is evident from the original Statute of King's College appointing the
Commission, that such amount must be determined and specified by the Chancellor, for the time being,
* For this latter Statement, see page 278 of this Chapter. There is no record of the September Statement of 1860
available.
284 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1851
by Warrant under his Hand and Seal, provided that such amount shall not exceed that usually allowed
to Commissioners appointed for similar purposes by the Crown, in making which determination the
Chancellor may be guided bj^ whatever advice he may think proper, or necessary, to consult.
4, Your Committee, in conclusion, would remark, that it is doubtful to them, whether, from the
construction of the original Statute, any compensation can be awarded to any one Commissioner for
services performed in his individual capacity.
5. And your Committee are of opinion that the value to the University of the services rendered
bv the Commissioners does not justify any extra pa3'^ments not sanctioned by law. And the enormous
expenses incurred by the Commission render it desirable that such expenses should not be extended
beyond the strict liability of the University, under the original statute of King's College.
Toronto, 20th December, 1851. . James John Hayes, Chairman.
Professor Doctor W. R. Beaumont moved, seconded by Professor Doctor James H. Rich-
ardson that the first part of the Report, beginning with the words : " devolving upon the Uni-
versity," inclusive, be received and adopted, and that the rest of the Report be referred back to
the Committee, and that Committee be increased by the addition to it of Doctor SkeflBngton
Connor and the Reverend Doctor Ryerson. (Carried.)
The Senate having taken up the consideration of the election of a Vice -Chancellor for the
ensuing year, agreeably to the Sixth Section of the University Act of 1849, and clause one of
Statute Number Twenty-nine, Professor Doctor John King, seconded by Doctor J. J. Hayes,
moved that Professor Doctor George Herrick be appointed Vice-Chancetlor for the ensuing year.
{Lost.)
Professor Doctor W. B. Nicol, seconded by the Reverend Doctor James Beaven, then
moved that Professor Croft be re-elected Chancellor. {Carried.)
The Reverend Doctor Beaven, seconded by Professor Doctor John King, moved that Mr.
Robarts be re-elected Auditor. {Carried.)
December 26th, 1861. The Statute to appropriate a sum of money not exceeding One
Thousand pounds, (£1,000,) to meet the unpaid expenses of the late Commission of Inquiry into
the Affairs of King's College University, and authorizing the Endowment Board to pay out of
the said amount the balance of account furnished, for expenses incurred, was read a second
time, and the Statute was adopted.
The following Letter from the Chairman of the Board of Endowment was laid before the
Senate : —
Some time ago I ordered a Return to be made of the Income of the University for the years 1850,
1851, and, as far as possible for the approaching year 1852, that is, of the Rents of leased lots, Interest
on sales, Mortgagf^s, Debentures, Rents of Houses, etcetera, due for, and corresponding to, each of
those years, irrespective altogether of what had been, or might be received ; in fact of what we should
have been, or shall be, entitled to demand for each of those years, — supposing no arrears to be left
at the end of the year succeeding.
I have just received the Return with an explanatory Letter from Mr. Nation, who prepared it ;
and I have now the honour to enclose, for the information of the Senate, copies of these Documents.
It will be observed that there is a sum of Five Hundred pounds, (£500,) estimated as probably
to be received in 1852, from lots which are apparently leased, but from which no Rent, or but a very
small sum, has ever been received ; I desired Mr. Nation, in making his Return, to leave out all such
lots and to make a separate list of them ; They comprise about one hundred and fifty entire lots, or
about thirty thousand acres,— four fifths of which lie East of Toronto ; and of these four fifths, by far
the larger portion, is East of the old Newcastle District.
The amount of arrears due the first of July last, on Lease, or lots which had been once
occupied and supposed to be under lease, and charged accordingly in the Books, and the charges
continued, was returned to me as £18,300, 5, 6
and of Interest on purchase money 12* 190, 9* 0
.. ,, £30,570, 14, 6
of this, a considerable sum has been recovered through the Solicitor, and some has, of course,
been paid directly into the Oflice ; but I think it may be fairly considered that the accruing
Interest and Rents will quite compensate for the arrears recovered.
I may add, that the Endowment Board is increasing the Income every week by sales of
Lands. The Bookkeeper lately furnished me with a return of sales up to the Twenty-fifth of
October. The number of acres then sold by the Board was Three Thousand Five Hundred and
Eighty eight and one half acres, the purchase money of which amounted to nearly Nine Thou-
sand pounds, (£8,553, 17, 8,) giving an average of Nine and eighteen-one hundredths of a dollar
per acre. There have been many sales made since, but owing to a great pressure of work in the
Othce, they have not yet been posted.
Toronto, December 20th, 1851. David Buchan, Chairman.
For the original Statute of King's College, see page 237 of the Seventh Volume of this Documentary History.
Chap. XXV. PROCEEDINGS OF BOARD OF ENDOWMENT UNIVERSITY OF TORONTO. 285
CHAPTER XXV.
PROCEEDINGS OF THE BOARD OF ENDOWMENT OF THE UNIVER-
SITY OF TORONTO AND OF UPPER CANADA COLLEGE, 1851.
I have only selected these items from the Proceedings of the Endowment
Board that appeared to be of public interest. Some details I have also given, in
order to illustrate the " methods" of the Board, in dealing with all questions,
(large or small,) of a financial nature, even although they might be, in themselves,
of lesser public interest. I have given none of the items in the Minutes of the
Board relating to the Sale of the Lands of the University, or kindred matters,
— they being chiefly ordinary routine business.
January 2nd, 1851. It was ordered that Requisition Books for the University and Upper
Canada College be prepared by the Honourable J. Hillyard Cameron, a Member of this Board
Ordered, That Communications be sent to the Senate and Upper Canada College, informing
these Bodies that Mr. Alan Cameron has been appointed Bursar and also Secretary to this
Board ; he having proposed as his Sureties Messieurs Henry Boys, Henry Rowsell and Charles
Jones : also Colonel Muter.
The Bursar was directed to request the Professors to state the amount of Fees received by
them during the past year.
January 6th, 1851. The Members present were not sufficient to form a Quorum.
January 9th, 1851. Ordered That an assurance for Two Thousand pounds (£2,000,) in the
name of Upper Canada College be effected on the four Buildings occupied by the Masters of
Upper Canada College, that is to say, Five Hundred pounds, (^500,) on each Building with the
Provincial Mutual Insurance Company. Mr. Joseph C Morrison named as his Sureties, as
Member of the Endowment Board, Doctor Skeffington Connor and Mr. Angus Morrison, The
Secretary was directed to transmit these names to the Senate.
January ISth, 1851. Read a Letter from Mr. De la Haye, refeiring to the Collectorship of
Upper Canada College arrears ; and it was ordered, that the Secretary reply to Mr. De la Haye,
enclosing to him a copy of Resolution Number Nine of the Thirtieth of September, 1850, and
also expressing, as the opinion of the Board, that the arrears of Upper Canada College were to
be collected by him.
Ordered, That the items in the Requisition Book, Numbers 12 to 23, inclusive, be paid and
acquitted.
January 16th, 1851. Read a letter from the Principal of Upper Canada College, enclosing
a Minute Number Five of the Council of Upper Canada College ;
Ordered, That the Bursar inform Mr. De la Haye that it is the desire of this Board that
he shall use his best endeavours to collect the old arrears of Upper Canada College, before the
first of April next, and immediately thereafter, the accounts of all persons, then in arrears, be
sent to the Solicitor for collection.
Ordered, That an Insurance be effected in some substantial Office for the Amount of Twelve
Hundred and Fifty pounds, (£1,260,) on the Medical Building of the University,lately erected.
January 20th, 1851. Ordered, That the Bonds of the Bursar for the due performance of
his duties be approved and sent to the Solicitor ; and that the Bursar have them executed.
Ordered, That the amounts entered in the Requisition Book, Numbers 25, 30 to 36, inclusive,
be paid and acquitted.
January 23rd, 18bi. The following Minute was entered in the Book : — The Endowment
Board desire to report, for the information of the Senate :— That the Bursar, under the direction
of the Board, has prepared a Schedule of all the Lands belonging to the University unsold and
under Lease, for the purpose of a valuation of the respective lots, in order to comply with the
sixth clause of the Statute Number Ten* of the Senate ; these Lands being scattered over the
* None of the original Statutes of the University are available, so that cannot give the terms in which these named ar
expressed.
286 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1851
various Townships of the Upper Provincf,* it is impossible for the Board to arrive at any satis-
factory approximation of their value in a short space of time, without incurring considerable
expense by the employment of competent agents to ascertain, by personal inspection, the position
and quality of the Lands. The applications in the Office of the Bursar for leasing, or purchasing,
the Lands of the University amount to perhaps one thousand cases, not one of which can the
Board determine, until a valuation, in pursuance of the Senatatorial Statute, is laid before the
Senate for its approval.
The Board would, therefore, beg leave most respectively to suggest to the Senate, that, in
order to dispose of a large number of the cases of the applicants forthwith, the Endowment
Board be authorized, from time to time, to dispose of applications, subject to the ratification of
the Senate, or to adopt such other mode to facilitate the business of the Office, as to the Senate
may seem best.
January 27th, 1851. Read a Letter from Mr. Clarke Gamble, Solicitor, requesting author-
ity to use the name of Upper Canada College in a suit for the Heirs of Taylor Ragland, to
reco7er Lands in March Street, Toronto. It was ordered that the Letter be sent to the Solicitor,
with instructions for him to see Mr. Clarke Gamble, and to give the authority required, unless
he is of opinion that the College should not do so.
January 30th, 1851. Ordered, That the Secretary reply to all parties indebted to the
University, or to Upper Canada College, who have requested forbearance for the payments of
Principal, Interest, or Rent, due to these Institutions, and state that, as the University and
Upper Canada College mainly depend upon the punctual payment of Interest and Rent for
their Revenue, the Endowment Board cannot, under any circumstances, permit either Interest
or Rent to remain over due ; and that all cases, in which default is made, will be placed in the
hands of the Solicitor for immediate collection.
February 3rd, 1851. Read a Letter from the Chancellor to the late Bursar, requesting that
the Endowment Board should be applied to for permission to have the amount of " Chancellor's
fees " accruing to him, as Chancellor, paid to an account to be opened under that name, so as
to form a future prize Fund ; ordered accordingly.
February 6th, 1851. Ordered, That the Secretary Bursar do apply to the Bank of Upper
Canada for a correct Statement of the Debentures belonging to the University and Upper
Canada College in its custody and that the same be entered in a Book, and signed by the
Cashier of the Bank and the Bursar ; and, that all Debentures received, or redeemed, be
entered in such Book in a similar manner for the future.
The Board read a Letter from Mr. G. A. Barber, City School Superintendent, asking for
information as to the leasing of the Central School House. It was ordered, that the Central
School House be rented to the City Board of School Trustees, as yearly tenants, at Twenty
pounds (£20,) per annum ; payable quarterly.
February 10th, 1851. The Members present were not sufficient to constitute a Quorum.
February 13th, 1851. No business of any public importance was transacted.
February 17th, 1851. Received and read a Communication from the Secretary to the
Commission of Visitation, requesting a detailed Statement of the Expenditure of the University
for the past year ; and also a Statement of the quantity of Lands forming the Endowment, the
situation of there lands, the quantity under lease, and the condition of the leases ; It was,—
Ordered, That such Statements be prepared and transmitted to the Commissioners as soon
as prepared, and that the Bursar -Secretary do write to this effect to the Commissioners.
Received and read a Communication from the Commissioners of Inquiry Into the affairs of
King's College. (Not available).
February 20th, 1851. The Secretary-Bursar reported that the sum of Five Thousand
pounds, (£6,000,) stood to the Credit of the '' University Investment Fund;" whereupon it was
ordered that the Bursar— Secretary do ascertain from Receiver General on what terms Deben-
tures for that sum, m amounts of Five Hundred pounds, (£500,) each can be obtained, and
report the same to the Board.
In reference to the Order of Board to let the Central School House to the City School
Board of Trustees, and a Letter from Mr. Barber, the City School Superintendent, thereon,
requestmg that the sumof Twenty.fivepounds,(£26,)be allowed in repairs on the School House;
xt was, —
^?r^!r«^' That one year's Rent be allowed, to the (its Board of School Trustees, on furnish-
ing this Board with the proper vouchers, shewing that the sum of Twenty pounds, (£20,) had
Deen so expended.
VowS\hi8^D'oc^mS?;.H^^^^^ ^»1 be found on page 205 of the First
Chap. XXV. PROCEEDINGS OF BOARD OF ENDOWMENT UNIVERSITY OF TORONTO. 287
,-nfnl'!7"''\^f iV ^^!^ r^^^^ ^ Communication from Mr. Charles Daly, wishing to be
informed in behalf of the Trustees ot the Western Market, if this Board would accept a Deben-
^::^^^'^Je^^J::^ ir;rLr ^r^-^^^^'^' '''''' ^^ ^^^ ^^ '--''
Read a Communication from the Receiver General, on the subject of the Resolution of
the Board at Its last Meeting lor the purchase of Debentures to the amount of Five Thousand
pounds, (i>o,000,) it was, —
Ordered, That the Bursar do inquire if Debentures can be obtained from any other source
before any answer is transmitted to the Receiver General.
Ordered, That all arrears of Rent and Interest due upon the propertv of the University and
V&®1 ? ,?®V"^ *^® ^^^^ ^^ Toronto, which were ordered to be collected by the first
of J^ebruary, and which still remain unpaid, be placed by the Bursar in the Solicitor's hands for
collection.
The Bursar having laid on the Table the Statement required by the Commission of Visita-
tion ; it was, —
Ordered, That the same be transmitted to the Secretary of the Commission.
The report of the Solicitor on the account of the late Solicitor, Mr. J. E. Small, was taken
up by the Board, and it was ordered that the Solicitor do forthwith proceed to obtain from Mr.
Small the balance admitted to be due by him, as stated in the Solicitor's Report of the Seven-
teenth of December, 1850 ; and that he inform Mr. Small that the Board cannot accede to his
request to take a Mortgage for the balance, as the Board considered that the amount should be
paid at once, being a balance of monies actually received by him in his Office as Solicitor to the
Tniversity.
February 27th, 1851. No business of any public interest was transacted.
March 3rd, 1851. No business of any public interest was transacted.
March Qbh, 1851. No business of any public interest was transacted.
March 10th, 1851. Ordered, That the Buraur do prepare a return of the amount of monies
received on account of the University and Upper Canada College respectively, distinguishing
Income from Investment, during the year ending the Thirty-first day of December, 1850 ; also
the amount of expenses chargeable to the joint account of both Institutions and lay the same
before the Board at the next Meeting.
March 13th, 1851. No business of any public interest was transacted.
March 17th, 1851. Read a supplemental Report from the Solicitor, on the subject of the
late Solicitor, Mr. James E. Small's debt, in which report the Solicitor states his opinion that
Mr. Charles C. Small remains liable to the University for the sum of One Hundred and Seventy
pounds, two shillings, (£170, 2, 0,) and interest, which that Gentleman claims to have been
arranged as payable by the late Solicitor ; It was, —
Ordered, That the Solicitor communicate to Mr. Charles C. Small, and state that the Univer-
sity looks to him for that amount, and for the balance due by him for Principal ; and, in the
event of refusal to settle the same, to take steps to enforce payment.
Ordered, That a Return of all Debentures held by the University, falling due before the first
of July, 1856, be laid before the Board by the Bursar at its next Meeting.
March 20th, 1851. The Members present were not sufficient to constitute a Quorum.
March 24th, 1851. Ordered, That the sum of Five Thousand pounds, (£5,000,) be invested
in Government Debentures, and that Five Thousand, One Hundred and Seventy pounds, (£5,170,)
of Debentures, shortly to become due, be ofi'ered to the Government for redemption, in pursur-
ance of the Receiver General's proposal and that that amount be invested in like Debentures.
Ordered, That all Notes past due, on the first day of January, 1851, be placed in the Solici-
tor's hands for collection.
March 27th, 1851. Ordered, That a cheque be issued payable to the Receiver General, for
Five Thousand pounds, (£5,000,) to be invested, as per Order of last Meeting. Debentures to
be in sums of Five Hundred pounds, (£500,) each ; and, as the whole amount is Ten Thousand
One Hundred and Seventy pounds, (£10,170,), one Debenture may be for a sum of Six
Hundred and Seventy pounds, (£670), or One Hundred and Seventy pounds, (£170,), as the
Receiver General may direct ; The Receiver General to account for interest due on the Deben-
tures to be redeemed from the date of the last payment until the day of redemption.
Ordered, That the Secretary obtain from the Bank of Upper Canada Debentures Numbers
346, 243, 236, 240, 203, 351, 242, 1, 203, 143, and 3, amounting in all to Five Thousand, One
288 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1851
Hundred and Seventy pounds, (£5, 17(i) these Debentures to be redeemed by the Govern-
ment.
Ordered^ That so soon as the Secretary shall receive from the Receiver General Debentures
for the Ten Thousand, One Hundred and Seventy pounds, (£10,170,) he shall deposit the same
with the Bank of Upper Canada, taking a receipt for the same, with a statement of the amount
and numbers of the Debentures.
March 3ls^ 1851. Ordered, That the Solicitor be requested to give his opinion as to which
Institution the proceeds of the Lands conveyed to King's College by Mr. George A. Barber, in
liquidation of his debt due to Upper Canada College, ought to be applied. In the present case,
the Laod was sold in 1841, — payable by instalments and entered in the Books of Upper Canada
College. An amount of interest is now received on that purchase to whom should it go ?
The Board having taken into consideration the division of the expenses of the Bursar's
OflBce and that of the Endowment Board, and charges entered in the joint management account
for the past year ; it was, —
Ordered^ That one fourth of the whole amount, excepting the amounts paid to the Membeis
of the Board, be debited to Upper Canada College, and three-fourths thereof to the University;
and that, for the past year the amounts paid to the Members of the Board respectively, be
charged to the respective Institutions which they represent, and, as the Bursar reports, that the
amounts paid to the Members of the Board on the Thirty-first day of December, were charged
to the University, the Bursar is directed to debit Upper Canada College with the amounts then
paid to the College Members.
Apr a 3rd, 1851. No business of any public interest was transacted.
April 7thf 1851. The Secretary having laid before the Board a Communication from Doc-
tor Joseph Workman, on the subject of access, by the Commissioners of Inquiry into the Affairs
of King's College, to the Books of the University and Upper Canada College, and his answer
thereto, declining to furnish such access, without reference to the Senate ; it was, —
Besolved, That the Bursar and Secretary do inform Doctor Workman that the Commission-
ers of Inquiry may have access to the Books required in the same manner, as before the passing
of the recent Statute of the Senate, but otherwise subject to its provisions.
The Bursar reported that he had lodged in the Bank of Upper Canada Debentures from the
Receiver General to the amount of Five Thousand pounds, (£5,000,) and that he had received
from that Bank Debentures to the amount of Fifty One Thousand pounds, (£51,000,) with
Ninety Five pounds seven shillings and five pence, (£95.7.5,) interest due thereon, and lodged
the same with the Receiver General for the issue of new Debentures.
April 10th, 1851. No business of any public interest was transacted.
April 11th, 1851. No business of any public interest was transacted.
April 14</i, 1851. No business of any public interest was transacted.
April Vjth, 1851. No business of any public interest was transacted.
April 22nd 1861. No business of any public interest was transacted.
April 2Uh, 1851. No business of any public interest was transacted.
April 28th, 1851. No business of any public interest was transacted.
May 1st, 1851. No business of any public interest was transacted.
May bth, 1851. Ordered, That the Chairman sistn the Annual Report, and that the
Secretary transmit the same to the Senate and a duplicate to the Provincial Secretary.
May Sth, 1851. The late Solicitor, Mr. James E. Small, having appeared before the Board,
and the Board ha zing taken into consideration the Claim against him, as reported by the pre-
sent Solicitor, on the Ninteenth of December, 1850, it was, —
Ordered, That Mr. Small, upon giving proper security for the payment of the Claim against
him, be allowed the forbearance, as mentioned in the Minute of the Solicitor, appended to the
Report, such Security being a Mortgage, with power of Sale, upon default of payment of any
instalment.
Ordered, That the Cashier of the Bank of Upper Canada be requested to direct that the
number of all checks paid be entered in the Bank Books of the University and Upper Canada
College, instead of the names of payees ; and that all amounts paid to the credit of these lusti-
tutions do exhibit the names of the parties paying, or depositing, the same ; and all amounts
received by the Bank, as Agent, should specify whether the same be Interest on Debentures,,
dividend of Stock, or otherwise, as may be.
May 12th, 1851. No business of any public interest was transacted.
May 16th, 1861. The Members present were not sufficient to constitute a Quorum.
Chap. XXy. PROCEEDINGS OF BOARD OF ENDOWMENT UNIVERSITY OF TORONTO. 289
May 9th, 1851. No business of any public interest was transacted.
May 23rd, 1851. No business of any public interest was transacted.
May 26th, 1851. Ordered, That the Chairman of this Board direct and see that all monies
received on account of the University or Upper Canada, College shall immediately, before Three
o'clock, be deposited daily in the Bank, to the respective credits of these Institutions, unless
the aggregate sum in hand shall not exceed the sum of Fifty pounds, (£50.)
Ordered, That the accounts of Upper Canada be made out from the first of July, 1850 to
the Twelfth of August, 1850 inclusive, and also from the Thirteenth of August to the Thirteenth
of September, 1850, and the same be laid before the Board.
May 29th, 1851. The Members present were not sufficient to constitute a Quorum.
May dOtK 1851. The Members present were not sufficient to constitute a Quorum.
May 31 st 1851. Ordered, That the Secretary draw the attention of Mr. De la Haye to the
Order of this Board, under date the Sixteenth of January, 1861, respecting the arrears due to
Upper Canada College, and that he inform that Gentleman that it is the desire of the Board
that he transmit a Return forthwith to the Board of all persons in arrears, and the respective
amount due by each.
Jime 2nd, 1851. Mr. David Buchan appeared, produced his Commission, as Crown Mem-
ber and Chairman of the Board, and took his seat.
Ordered, That the Bank of Upper Canada be notified of Mr. David Buchan's appointment
as Chairman, and that, in future, cheques on the Bank will be signed by him.
Ordered, That the Board shall meet regularly twice a week, on Mondays and Thursdays, at
Three o'Clock P.M. If no Quorum be present at twenty minutes past Three o'Clock, the names
of the Members present shall be entered in the Minute Book, and the Board may adjourn. The
Chairman of the Board, if occasion requires, may call a special Meeting of the Board at any time.
June bth, 1851. No business of any public interest was transacted.
June 9th, 1851. Mr. Drummond's Bond, signed by himself and Mr. Duncan McDonell and
Mr. John Hutchinson, as his Sureties, was laid on the Table, and ordered, with all bonds by
parties connected with the Endowment Board, to be lodged with the Bank of Upper Canada.
June 12th, 1851. Ordered, That Two Thousand pounds, (£2,000,) be invested for the Uni-
versity in Government Debentures, with Coupons, bearing six per cent, interest, and that Five
Hundred pounds, (£500,) for Upper Canada College, to meet which, items in the Requisition
Book Numbers 344 and 345 were ordered to be paid.
The Exchange of a Lot in Bastard for one in Zorra, proposed by the Crown Lands Depart-
ment was authorized to be carried out.
3une 14:th, 1851. The Accounts of the University and of Upper Canada College were gone
into and the investigation concluded, and it was, —
Ordered, That these Accounts, together with the Statement of Balances on the 31st of May,
1851, be engrossed in the Register of Reports and Returns.
The engrossed annual Report in regard to Upper Canada College, in duplicate, was ordered
to be signed by the Chairman, and one copy sent to the College Council and the other to the
Provincial Secretary, in terms of the University Act of 1849.
Ordered, That a correct list of the Debentures, Notes and other obligations, or Securities,
the same as that of thirty-first of May last, be prepared.
June IQth, 1851. No business of any public interest was transacted.
June 19th, 1851. No business of any public interest was transacted.
June 20th, 1851. There being a full Meeting of the Board to-day the question was consid-
ered whether the Board had now the power to sell University Lands without reference to the
Senate ; it was, —
Resolved, That such power is, conferred upon the Board by the Senattaorial Statute Number
Thirty two.
(Note. None of these old Statutes are available.)
June 23rd, 1851. With reference to Doctor McCaul's application, in Letters of the Tenth of
April and the Twenty-first of June, 1851, on the subject of the distribution of the surplus inter-
est of the Wellington Scholarship, it was, —
Ordered, That, before making any such distribution, the Honourable Chief Justice Robin-
son, as the Trustee of said Scholarship, be written to, to ascertain whether he concurs in such
distribution, and in reference to the future destination of said Scholarship.
Jirne 26th 1851. The Members present were not sufficient to constitute a Quorum.
19 D.E.
290 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1851
June 30th, 1851. Doctor J. J. Haf es desired it to be recorded that, in voting for the pay-
ment of item 419, in the "Legislative Book," he does not claim for this Board the right to-
appoint a successor to Doctor Boys, late Bursar, — he wishing that the question to be decided by
the Senate of the University and the Council of Upper Canada College ; The Chairmain also
wished it to be understood that in thus, for the first time, voting on' the question, he did not, in
any way, commit himself to an appropriation of the Resolutions under which that appropriation
is made.
(Note. This payment was most likely the one made to Doctor Boys on his retirement from
the oflice of Bursar.)
The Chairman was desired to communicate with the Senate in reference to the payment of
Members of the Board for actual attendance, when there was no Quorum ; also, in reference ta
the Secretary of the Senate, in similar circumstances, as regards that Body.
Ordered, That the Chairman call upon the Cashier of the Bank of Upper Canada to request
permission to overdraw the Upper Canada College account this Quarter.
July 3rd, 1851. Ordered, That the Solicitor be written to to ascertain from him whether
Mr. James E. Small has arranged for the payment of the debt due by him to the University.
Jidy 7th, 1851. No business of any public interest was transacted.
July 10th, 1851. No business of any public interest was transacted.
July 14th, 1851. A Deputation, which was sent to Port Hope in regard to the University
property in that Town, reported what they had done with a view to bring that property into the
market.
Ordered that as soon as there is One Thousand pounds, (£1,000,) of University Investment-
Funds in hand, application be made for the purchase of Debentures of the kind hitherto
obtained.
July 17th, 1851. No business of any public interest was transacted.
Jidy 21st, 1851. No business of any public interest was transacted.
July 2Uh, 1851. A Letter was laid on the Table from the President, of the University,
without date, communicating the following Order of the Caput : —
That application be made to the Board of Endowment, relative to the information requir-
ed by the Provincial Secretary, regarding the Professors, and other persons, who received
Salaries, or other emoluments from the late University of King's College, up to the present
time,— distinguishing in each year the amount of their respective Salaries and emoluments.
Ordered, That the request of the Caput be at once complied with, in so far as relates to th&
time, during which the affairs of the University have been under the management of the Board,
and that the action of the Senate be waited for, in regard to the Inquiry into King's College
Affairs, it being known that a similar application from the Provincial Secretary had been received
on behalf of the Senate.
A further report was made to the Board by the Deputation sent to Port Hope in regard to
the University Property there.
July 26th, 1851. No business of any public interest was transacted.
July 3}st, 1851. No business of any public interest was transacted.
AuQmt Uh, 1851. No business of any public interest was transacted.
August 7th, 1851. The question of the period from which the increase in the President's
Salary and allowance for House rent should begin was brought before the Board at the instance
of Doctor McCaul ; he claiming that the late Statute of the Senate should operate from the
first of January last, and not merely from its date, it was, —
Ordered, That the Opinion of the Solicitor be obtained on the subject.
August 11th, 1851. The Solicitor's Opinion on the question of the late increase to the
President s Salary and allowance for House Rent was laid before the Board. It was
Ordered, That a copy of the Opinion be sent to Doctor McCaul, with an explanatory Letter.
{Note. That opinion was adverse to Doctor McCaul's claim.)
August Uth, 1851. The Solicitor's Bill for the Quarter ending the Thirtieth of June, 1851,
w^ taken into consideration by the Board, particularly his observation at the foot of the Bill, in
reference to Retainers m several suits brought for Upper Canada College property in March
btreet, Toronto. The Board considered it advisable, before making any order for the amount
to be paid, to draw the Solicitor s attention to the nature and extent of the business that would
require to be transacted for the Uiiiveraity and College and to express their opinion that where
suits were brought on behalf of either of those Institutions no "Retainer" should be charged,
Chap. XXV. PKOCEEDINGS OF BOARD OF ENDOWMENT UNIVERSITY OF TORONTO. 291
unless Counsel were specially employed by the Board, nor any charge made for services as be-
tween Attorney and Client which is not taxable against the opposite party.
Ordered, That this Minute be communicated to the Solicitor.
Ordered, That the Chairman of the Building Committee of the Medical Building be applied
to for an account of the quantity of building materials taken from those lying on the grounds
and used m the erection of the Building. ^ vuiiuo,
A request for an extension of time for the payment of his debt having been made bv Mr
George S. Boulton it was, — ^
Ordered, That a confession of Judgment be taken for the whole amount, with interest up to
date, — notes to be given, with interest as collateral security.
August 18th, 1851. No business of any public interest was transacted.
August 26th, 1851. No business of any public interest was transacted.
August 28th, 1851. No business of any public interest was transacted.
September 1st, 1851. Ordered, That Messieurs J. P. Ridout, J. J. Hayes and the Chairman
make enquiry respecting suitable and more central accommodation for an Office of the Board
than that now occupied, and that they report to the Board as early as convenient.
September 8th, 1851. Ordered, That the Bookeeper proceed to make up the Books of the
Commission of Inquiry to the Thirtieth of June last.
A Quorum of the Board having visited Port Stanley in regard to University Lands in that
vicinity reported the result of their visit, and action was taken thereon.
September 10th, 1851. No business of any public interest was transacted, except that
Members of the Board visited Port Hope, in regard to University lands in the Township of Hope.
September ilth, 1851. Ordered, That the Solicitor be instructed to proceed against the
following parties for recovery of arrears and ejectment from the premises, if neccessary ; namely,
the Honourable James Crooks, Number 6, Concession, 3 of Flambourgh West, (Number 408 of
Requisition Book,) and Mr. Robert P. Crooks, West 45x38 feet of Lot Number 2, Block D,
south side of March Street, Toronto, (Number 397 in the Requistion Book).
September 29th, 1851. The Solicitor's Letter of the Twenty-first of August last, in reply to
the Minute of the Fourteenth of August, was read by the Board. It was, —
Ordered, That the Solicitor be allowed a fee of Twelve pounds, ten shillings (£12-10-0,) for
the services performed in the ejectment suits referred to in his account and his Letter above
noted, and that he be, at the same time, informed, that the Board adheres to its Minute of
the Fourteenth of August, except in cases to be specially brought under its consideration. It
was further, —
Ordered that, in matters within the jurisdiction of the Division Courts, the necessary
proceedings for the recovery of amounts due to the University and College shall be taken through
the Endowment Board Office, without the intervention of the Solicitor, in consequence of the
and responsibility likely to be caused by their collection,
Ordered, That the Chairman communicate to the Senate and to the Council of Upper Canada
College, that the Board of Endowment consider it necessary to have a new Office for the manage-
ment of the University and College business, in a more central position in the City, and where a
more commodious Safe can be had ; and that they wish to be informed whether the Senate and
College Council desire to have any, and what, accommodation in the Building.
October 2nd, 1851. No business of any public interest was transacted.
October Qth, 1851. Read a letter received from the Solicitor of this date, enclosing one from
Mr. Hagarty, Solicitor to the Law Society, regarding certain claims on the College Avenue.
Ordered, That the Solicitor be instructed to prepare a case on which to give his own opinion.
October 10th, 1851. The Members present were not sufficient to constitute a Quorum.
October 13th, 1851. Ordered, That a list of the unsold lots in the City belonging to the
University and Upper Canada College be prepared and handed to Messieurs Dixon and Trotter,
Assessors for the City, with instructions to furnish the Board with their opinions of the value
thereof.
October 14th, 1851. No business of public interest was transacted.
October 16th, 1851. Read a Letter from the Provincial Secretary, in reference to the pay-
ment of the account of the Commission of Inquiry into the AflFairs of King's College. It was, —
Ordered, That the attention of the Senate be called to the effect of their Statute, suspending
all payments of Salaries to the Clerks of the Commission of Inquiry, after the first of April last
with a request that said Statute be repealed. Ordered, further that the Chairman communicate
29 2 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1851
with the Chancellor regarding the payment of the allowances bo the Commissioners of this Inquiry.
The following Letter was, therefore, sent to the Senate by the Chairman : —
I have the honour to enclose for the information of the Senate, a Letter which I received
from the Provincial Secretary on the subject of the payment of the account of the Commission-
ers of Inquiry into the Affairs of King's College. The Endowment Board had the subject under
consideration, when the Members thought it advisable to communicate with the Senate in regard
to it. I have, therefore, been instructed to call the attention of the Senate to their Statute,
suspending all payments of Salaries to the Clerks of the Commission of Inquiry after April last,
and to request that the Statute may be repealed, with as little delay as possible.
Toronto, 17th October, 1851. David Buchan, Chairman.
October 20thj 1851. No business of any public interest was transacted.
October 27 thy 1851. No businers of any public interest was transacted.
October 30th, 1851. Read a Communication from the Solicitor, enclosing a proposal from
Mr. J . E. Small, late Solicitor, to liquidate the claims of the University against his Brother and
himself by certain City Debentures and Public Debt Debentures; It was, —
Ordered^ That Mr. J. E. Small be asked whether he intends to sell them at the Market
value, or at par.
Read a Letter from the Chancellor, requesting that the Board would remit to England the
price of the Chancellor's Medal, and charge the amount against the Chancellor's fees received,
or to be received, this year, and, if the amount of fees did not cover the remittance, he would
transmit the balance ; It was, —
Ordered^ That the Chancellor be respectfully informed that the Board regret they cannot
comply with his request, having no authority to make such a payment.
November 3rci, 1851. No business of any public interest was transacted.
November 6thy 1851 . No business of any public interest was transacted.
November lOthj 1851. No business of any public interest was transacted.
November ISth^ 1851. No business of any public interest was transacted.
November 17th, 1851. No business of any public interest was transacted.
November 20thy 1851. No business of any public interest was transacted.
November 2Uh, 1851, No business of any public interest was transacted.
November 27th, 1851. No business of any public interest was transacted.
December 1st, 1851. No business of any public interest was transacted.
(Note. At all of these meetings, the whole of the business transacted related to the sale, or
leasings, of the University Lands.)
December Sth, 1851. Ordered, That a Book shall be kept, in which entries shall be made
shewing the balances to the Debit, or Credit, of the " Income " and "Investment" Funds of the
University and College,— together with the Cash balances at the Bank, and on hand, of each
Institution, made ^ up to every Saturday night so as to be laid before the Board at their
following Monday's meeting. This arrangement to commence from the first week in January
next.
Ordered, That Two Thousand pounds, ($2,000,) of University Funds be invested in Govern-
ment Debentures.
December 11th, 1851. No business of any public interest was transacted.
December 15th, 1851. Ordered, That the Bank of Upper Canada be requested to furnish
quarterly a Statement of Interest on University and Upper Canada College balances.
December 18th, 1851. No business of any public interest was transacted.
December 22nd, 1851. No business of any public interest was transacted.
December 26th, 1851. No business of any public interest was transacted.
December 2^th, 1851. No business of any public interest was transacted.
Chap. XXVI.
PROCEEDINGS OF VISITATORIAL COMMISSION.
293
CHAPTER XX VI.
PROCEEDINGS OF THE VISITATORIAL COMMISSION OF THE
UNIVERSITY OF TORONTO, 1851.
The Forty-seventh Section of Baldwin University Act of 1849 provided for
the appointment, by the Government, of five Persons as a "Commission of
Visitation ", for the purpose of making such " alterations and amendments " in
the existing Statutes, Rules and Ordinances of the University, as they should
think desirable to recommend ..." and to report a Code of proper Statutes*
Rules and Ordinances for the government of the said University ".
With'a view to obtain the opinions, chiefly of University men, the Commission
issued the following Circular on the subject*: —
A CIRCULAR FROM THE VISITATION COMMISSION, ON THE REVISION OF THE
UNIVERSITY REGULATIONS.
Her Majesty's Visitation Commissioners of the University of Toronto, being charged with
the duty of reporting upon the various subjects specified in the University Act of 1849, passed
in the Twelfth Year of Her Majesty's Reign, 14th and 15th Victoria, Chapter 82, are desirous of
availing themselves of the information of those, whose experience and position, as well as
acquaintance with the wants and wishes of the people of the Province generally, entitle their
opinion to public confidence.
Although the Visitation Commissioners are anxious to have the benefit of your advice com-
municated in such a manner as may seem to yourself best calculated to do justice to your views,,
they will feel particularly obliged by being favoured with your opinion on the following points,
which have already engaged their anxious attention : —
I. The expediency of reducing the amount of Fees at present charged.
II. The expediency of limiting the compulsory attendance of Students upon the University
Lectures to two terms in each year, instead of being extended, as at present, to three terms.
In this way, compulsory residence at the seat of University would be reduced to six months,
(say, from November to May,) in each year, while the attention of absent Students to the subjects
of the third term might be secured by requiring them to undergo an examination.
III. Whether, under the present system, or, in the event of your concurring in the
changes suggested in the last query, the course for the Degree of B. A. should be extended to
four years, or should be limited, as at present, to three years.
IV. The expediency of re-arranging the Course of Instruction at present pursued ; of
altering the principles upon which Degrees are conferred and rendering them real tests of merit ;
of so regulating the Studies of the University as to render them at some period of the course,
more directly subservient to the future pursuits of the Students.
V. The best means of rendering the Scholarships, authorized by the University Act, avail-
able for the purposes contemplated ; the Regulations which you would suggest, as to the mode
of election to Scholarships ; the period during which they should be held, and the emolument
which ought to be attached to them ; and, in relation to the last enquiry, whether it would be
expedient to attach the same stipend to all the Scholarships, or to classify them in one or more
grades.
VI. The expediency of establishing Fellowships ; the most eligible mode of election to that
office ; the tenure on which it should be held, and the stipend which ought to be annexed to it.
VII. Whether the present Constitution of the existing faculties, viewed comparatively, is
in your estimate, proper.
* As I have not been able to get elsewhere a copy of the
Circular copied from The Church Newspaper of Februar}% 1851.
Proceedings of the Visitation Commission ", I have had this
294« DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1851
VIII. Whether rny re-arrangemenft of the existing Chairs in the Faculty of Arts would be
expedient, and calculated to place that Faculty on a footing satisfactory to the public ; or,
whether an additional number of Professors therein be necessary.
IX. What Regulations would be expedient for the purpose of securing the attendance of
Undergraduates and Students upon Public Worship in their respective Churches, and other
Places of Worship, and for securing to them the benefit of Religious Instruction from their
respective Ministers, and according to their respective Forms of Faith.
The Commissioners will be thankful to receive your suggestions, either orally, or in writing,
as may be most agreeable to you at your earliest convenience.
Toronto, 28th of January, 1851. John Burns, Secretary of the Commission.
Note. — The following particulars, relating to the present establishment, is sent for your
information : —
Professors in the Faculty of Arts :—
The Reverend Doctor John McCaul, Professor of Classical Literature, Belles Lettres, Logic
and Rhetoric. — Salary, £450.
The Reverend Doctor James Bea van. Professor of Metaphysics and Moral Philosophy. —
Salary, £450.
The Reverend Robert Murray, M.A., Professor of Mathematics. — Salary, £450.
Doctor Henry H. Croft, Professor of Chemistry and Experimental Philosophy. — Salary,
£450.
Professors in the Faculty of Medicine : —
Doctor William C. Gwynne, Professor of Anatomy and Physiology. — Salary, £326.
Doctor John King, Professor of Theory and Practice of Medicine. — Salary, £250.
Doctor William R. Beaumont, Professor of Principles and Practice of Surgery. — Salary,
£250.
Doctor George Herrick, Professor of Midwifery and Diseases of Women and Children. —
Salary, £250.
Doctor William B. Nicol, Professor of Materia Medica and Pharmacy.— Salary, £250.
Doctor Lucius O'Brien, Professor of Medical Jurisprudence. —Salary, £250.
Doctor James H. Richardson, Professor of Practical Anatomy, and Curator of the Aua-
tomical and Pathological Museum. — Salary, £350.
Professors in the Faculty of Law —
Doctor Skeflington Connor, Professor of Law and Jurisprudence.— Salary, £250.
The Commissioners beg leave to mention that the changes which have been most pressed
upon their attention as, at once, necessary to the eflSciency of the Institution, and possibly
attainable with the present income are the following : —
Additional Professors in the Faculty of Arts, videlicet :— Professor of Natural Philosophy,
Professor of Natural History, Professor of Modern Languages, Professor of Agriculture ; a
School of Engineering.
(Note. No copies of the Replies to this Circular of the Visitation Commis-
sion are available.)
RELIGIOUS INSTRUCTION OF STUDENTS IN THE UNIVERSITY OF TORONTO.*
Arrangements, providing for the Religious Instruction of the Students of the University of
loronto similar to those which are in operation in the Normal School, Toronto, were made in
May, 1851, by the Visitation Commission of the University. The Statute on the subject is as
1st. £e it ermcted. That Candidates for matriculation, who, at the time of their applications,
may be btudents of any Affiliated College, must be furnished with Testimonials from their re-
thereir ^°^*^^^"*^^^°*'' *°^' "P^^ admission to the University, shall be described as belonging
2nd. And be itermcted, That the Students, upon matriculation, shall either be designated
as of the particular Religious Denomination to which they belong ; or, without any such desig-
nations, in accordance with the direction of their respective Parents, or Guardians:
f,-nn ^^r^lrr i^'^t^A^ V'""'^'^' ^^^u ^^^^^^^^es for any Degree, who, at the time of such appUca-
^ZrTl ^ S^"^«"^« «j any such Affiliated College, shall be required before admission to such
Degree, to produce Testimonials from their respective Colleges.
* Copied from the Journal of Education for Upper Canada, for May, 1851.
Chap. XXVII. REMINISCENCES OF SUPERANNUATED SCHOOL TEACHERS.
295
4th. And he it enacted. That it shall be competent for the Constituted Authorities of any-
Church, or Religious Denomination, from time to lime, to appoint a Clergyman, or Minister, to
the office of Superintendent of Religious Instruction, to be called the Professor of Divinity of
such Religious Denomination, or by such other title as any such Denomination may select ; who,
upon such appointment, shall have the spiritual charge and care of all Students designated, upon
matriculation, as belonging to such Religious Denomination other than the Students of such
Affiliated College, as hereinbefore provided.
5th. And be it enacted. That each Professor of Divinity, so appointed, shall have power,
with the occurrence of the authority making such appointment, to prescribe Regulations for the
Religious Instruction of the Students under his care, and for securing their regular attendance
upon Divine Worship ; such Regulations, before coming into force, shall be laid before the
Caput of the University, and certified by them as not interfering with the general discipline of
the University ; but, in case the Caput shall find that the said Regulations do interfere with
such discipline, in such case, they shall have power to send back the same to such Professor of
Divinity for reconsideration and amendment, in that respect.
6th. And be it enacted, That the President of the University shall cause a list of the names
of all the Students under the spiritual charge of each Professor to be furnished to such Professor
after each matriculation.
7th. And be it enacted, That each Professor of Divinity shall, at the termination of each
Collegiate Session, report to the Caput on the general conduct of the Students under his spiritual
charge, and on the manner in which the Regulations regarding such Students have been observed.
CHAPTER XXVII.
REMINISCENCES OF SUPERANNUATED SCHOOL TEACHERS, 1850-51.
AND SKETCHES OF SCHOOLS IN THE OLDEN TIME.
Among the most interesting Educational Records of the past are the per-
sonal reminiscences of the Pioneer Teachers of Upper Canada. Those given in
this Chapter, relate to the transition period of School Teaching in the Province
before the Teachers, (trained in the Normal School), had, to any appreciable extent,
been placed in charge of Schools. What adds additional interest to the personal
experiences given in this Chapter is the fact, that these experiences are those of
Teachers of more than fifty years ago, when educational affairs were in their
crude, formative, stage. With a view to give a preliminary birds-eye view of the
state of the Schools, when the character of the teaching in them began to take a
really definite practical shape, I insert the following graphic picture of these early
primitive times, in school architecture and accommodation, by the Reverend John
Gray, D. D., and experienced School Inspector of some years ago. It formed the
introductory part of a paper written by him for the East Simcoe Teacher's Con-
vention and published in the Orillia Packet, from which it has been copied. I
have also added a recent Sketch of the Port Hope Schools.
To understand the past of the educational system, let us visit a School Section such as
existed more than forty years ago. There stands the School House, an ungainly looking Log
Building, so constructed as to convey the impression that the builder had striven to make the
place as ugly and rough as possible. As you enter the Building, the first thing that attracts
your attention is a large Box-stove ; and the atmosphere is so oppressive as to show that the
laws of ventilation are neglected. At the far end is a small platform on which stands a Chair
and also a plain, substantial Desk ; and behind it is seated the Master, with a rod or pa r of
taws, lying beside him. In front of him are some rough unpamted Forms without backs. Along
the sides of the building are long,badly constructed Desks, which are used in turn by the pupi s
while most practise the art of penmanship on their slates The School ^^^^s are of various
kinds, -some having only the Bible, or New Testament, and other venerable looking vol-
296 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1851
ulmes known as " Collections " broufht by their Fathers from the " Old Country ". The
Teacher is usually advanced in years, and maintains strict discipline.
The whole appearance indicates the strictest economy, as if education were a luxury, and
not a right and necessity. And the Trustees were timid about any expense, as they had to face
their constituents every year, many of whom were opposed to education, and called the Trustees
to strict account for any expenditure which was deemed unusal, or extravagant.
Books on Arithmetic were of various kinds and qualities ; Histories were scarce rnd rarely
used. There was no Geography, except that of Morse's which glorified the United States as
the " greatest Nation in the World." And yet, amid such plain surroundings, were reared not
a few scholars and Teachers, as well as numbers who became our future Legislators, Judges,
and leading men. It was a day of small things, not to be despised.
The system of Inspection was exceedingly simple. Each Township was usually under the
charge of a "Local Superintendent," who had from two, up to twenty. Schools under his charge.
He was in most cases, a Minister, who undertook the work from a sense of duty. This made
the Religious Question in Schools easy ot solution, and led to the introduction of the Bible into
most of the purely Protestant Schools. In a good many cases, the Catechisms of the Churches,
Protestant and Roman Catholic, were taught. Everything, however, was in a very imperfect
state, and the friends of education were ready to despair unless some improvement soon took
place. . . .
It was indeed an era in the history of Education in Canada, when the Reverend Doctor
Ryerson became its chief head and promoter. He took in the situation at once. Borrowing
several features of his system from other lands, he established what was, in its main elements,
an organization of his own. He formed in each County an examining Board, composed of the
Local School Superintendents and the Trustees of the Grammar Schools, who were then the
par excellence educated class of the community. These kept a watchful eye on the Teachers,
and gradually weeded out the incapable ones.
(Note. The remainder of Doctor Gray's Paper refers to an improved state of things.)
Reminiscences of Superannuated School Teachers.
1850 :— I first began to teach in 1850, in the Township of Arthur, County of Wellington.
. . . The first School House, in which I taught, was built of rough unhewn Logs, with the
spaces between, chinked with moss, and roofed with shingles, two feet long. The floor was so
rough and so loosely laid down, that most of the noon hour was spent in looking for lost pencils
and other belongings of the pupils
The next place in which I taught, was the united Section of Sullivan and Holland, in the
County of Grey. There was no School House, properly so called, at that date in the Section ;
but the Trustees secured the use of an old Methodist Meeting House for school purposes. It
was a frame Building of sufficient capacity to accommodate all, but was so badly built, and loosely
put together, that Teacher and pupils had to fly from it on every windstorm ; and it was so cold,
that, on cold days, study was impossible. . . .
In the Schools of these early days, the accommodation was, as a rule, fairly good ; but there
was usually a want of ventilation, which would be utterly condemned in a School of to-day.
1, "^^^ Seating accommodation of thBse School Houses, consisted chiefly of a Desk round the
walls, and a Bench, or Form, of sufficient height to reach the Desk.
The last School, in which I taught, was in the Township of Maryborough. It was a very
commodious Frame Building, furnished with all the ^' modem improvements " of the time.
L>unng the farst five years, in whicn I taught, the series of School Books were :-Mavor's
Spelling Book, the English Reader and Walkingame's Arithmetic ; and any one well versed in
the three was supposed to have sufficient education to enable him to transact any of the ordinary
»„^i^^5 A i! .u T • ^*XT® expiration of these years the above mentioned Books were, in 1847,
superseded by the Irish National Series : and it is my opinion that they were the best School
Wa« Jli • ! ' ^^.""^ they stored the mind of the pupil with a very substantial know-
rfnnJo' ^°"P^""«' ''^^'^'^^y '^"^ ^^' S^^^Pl® Natural Philosophy. To these may be added
LXntSTr^'-tw?^^^'^" ."^^^S.^P^y^^^Hi^^^^y ^ the British Colonies. There were
dav« ?hpl I^i^lXu^ exception of those which the Text-Books supplied ; but, in the later
days, these, and Blackboards, and other Apparatus were supplied.
Perrytown. t> t»
Robert Rooney.
mvseH^t!^'naSTr"^^®^^*f-^^^^V^'P^"^ ^^^ g'^^^t^^ P^^* of my leisure hours in preparing
dlvln De^c«mW «f 7^^**^^"' ^^ich was to take place the ensuing Winter. Accordingly, on t
Greene JrdmmJ.W-''''^i^'' .^^wT' ^^^ examining Board lere the Reverends Thomas
Cxreene, and William King, Doctor William Craigie of Hamilton, and Mr. Arthur C. Verner, B. A .
Chap. XXVII. REMINISCENCES OF SUPERANNUATED SCHOOL TEACHERS.
297
The business of the day commenced, in what was then the Grammar School. There were
about twenty^Teachers present. Some discussion took place during the proceedings, regarding
the answers which should be received by the Board. Doctor Craigie gave it as his opinion that
the Board should accept any answer which showed that the Teacher thoroughly understood the
subject upon which he was being examined, without special reference to any particular Text-
book. The rest of the Board and the Teachers present unanimously concurred with Doctor
Craigie's opinion, and the matter was thus disposed of to the satisfaction of all parties. It was
also decided that Candidates applying for First Class Certiticates, but not coming quite up to the
standard required, should be awarded Second Class Certificates, while those who applied for
Second Class Certificates would, in case of a similar nature, be awarded Third Clsss ones. . . .
When our Certificates were handed to us, and we hastened to seek refreshment, and then
proceeded home. . . .
I cannot recall the date, but it was whilst teaching in one of the School Sections, that I was
urgently solicited by the Trustees to collect the Rates which they were authorized to levy upon
the tax-payers, in lieu of fees. These amounted to more than twenty five cents per month for
each child attending the School. Armed with the Warrant of th<f» Trustees, I went from House
to House to inform every rate-payer of the amount of his School taxes, and the time it should
be paid.
In some instances I met with a positive refusal to pay. Others regarded me with astonish-
ment, and wondered at what they called the cool impudence of the demand, seeing that they had
no children to send to School, and that, therefore, they had no right to be called upon to pay
School Rates . . . Eventually I succeeded in collecting the greater part of the amount
required by the Trustees by the commencement of Summer ... I gave up this School
about the commencement of the Summer holidays of 1851. My salary was somewhere in the
neighborhood of Two hundred and forty dollars per annum.
Fergus. Richard Unsworth.
1850 : — The first School which I taught was Number Eleven, Township of Montague, on a
" Permit " given me by the Reverend James Padfield, L»cal School Superintendent. When
the Board of Education met at Smith's Falls, I received a Third Class Certificate. Mr. James
Shaw, afterwards Member of Parliament was President of the Board, but Mr. Padfield was the
leading spirit. He was well adapted for an educationist, and gave us some encouraging advice.
1 taught this School during 1850 and 1851. It was a Log House built in the woods. My
salary was Nineteen pounds, ten shillings ($98) a year and I " boarded round ".
Farley, Iowa. William Plunkett.
1850 : — My first experience of School Teaching was in Barriefield, near the City of
Kingston in September, 1850. I had been a Teacher in Ireland twelve years previously,— five
of which was under the National Board of Education. My Certificates were obtained from The
Dublin Kildare Street Church of England and Ireland Training School, and also from The
Model School in Marlborough Street National Training School. These Certificates were
accepted by the Local Superintendent and by the Trustees of the Barriefield School.
The School Room was new, but badly furnished, — the Desks being long, moveable, and
unstable. There was a Teacher's Desk, a Table, but no Maps, or Apparatus. By the Teacher's
advice, the Irish National Series of School Books were introduced, as were also Morse's Geo-
graphy, Murray's Grammar, an old Arithmetic, (the name of which has escaped my memory),
and Carpenter's Spelling Book. We also introduced Reid's English Dictionary. I found that
the old fashion of reciting and reading individually before the Teacher was in vogue ; and the
idea of grading pupils, and forming them into classes, seems never to have been entertained .
. . We had a half holiday on Wednesdays and Saturdays.
The salary of the Teacher depended on the number of pupils. Each pupil was supposed to
pay Twenty-five cents per month, during their attendance : and also a dividend of the Govern-
ment and County appropriation to each School, which was paid yearly, or half yearly, through
the Local Superintendent.
Etiwanda, California. Henry Dugdale.
1850 :— I commenced teaching in School Section Number Five, Township of Kitley, County
of Leeds, in January, 1850. There I remained for twenty-four consecutive years ! The Build-
ing in 1850 was very poor, in dimensions about twenty feet square, and the ceiling seven feet
high. The School House was built of Logs, and the floor and ceiling were of rough boards ; it
was without ventilation, except through the door and windows.
The fittings would compare favourably with the Building itself. For Desks there was a
pine Board on two sides of the House, about fourteen feet long, and eighteen inches wide,
planed on the upper side and nailed to the wall. For Seats, there were rough Benches hewed
298 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1851
from Cedar, or Basswood, logs. . . ^ At first, the Books were of the Irish National Series ;
but they were succeeded by the later ones authorized by the Education Department. Then we
obtained from the Depository four Maps of the Eastern and Western Hemispheres, of Europe
and of Canada.
Many times I had sixty pupils in that little Building. Now there is on the Site, a good
substantial well-furnished Stone Building.
In my next School, after I left my first School, was in School Section Number Eight, in the
same Township of Kitley, where I taught for four years, until I became disabled and had to
retire. John MacKay.
Jasper.
1850:— In September, 1850, 1 engaged as Teacher in School Section Number Five, Col-
chester Township, County of Essex ; but, before commencing I had to pass an examination by
the Local Superintendent, which was as follows :— *' What is your name ? How old are you ?—
I don't need to ask your nationality,— I know you are Scotch.— How far have you been in
Arithmetic ? Write your name." I did so ; he seemed pleased with the writing, and said that
I would do, and gave me a Certificate, which would hold good until the first Meeting of the
County Examining Board. ...
The School House was built of round Logs, of dimensions 26x20 feet ; the Desks were
ranged along the walls, and were very roughly constructed. . . . There was no School
Apparatus, and the only Books used were Mavor's Spelling Book, the Testament, and English
Reader ; and Gray's, Ingram's and several other Arithmetics. I had no fixed salary, but got
the amount of Subscription, Government and Municipal Grants, which together amounted to
about Two hundred dollars a year without board.
Harrow. Joseph Drummond.
1850. In the School in which I taught in 1850 I remained over five years. Three of my
scholars took First Class Certificates, while attending my School, and a number Second Class
Certificates. The last School in which I taught I remained eleven years and gave satisfaction.
The School House in this Section was built of Brick, and, owing to the want of proper foun-
dation, there were cracks in the walls in several places which made them look somewhat unsafe.
HuBREY. Robert Dickson.
1850 : — I came to Canada from Dublin in 1849. I attended the first examination that was
held under the Upper Canada School Law of 1850 at St. Thomas . . . The examination
was carried on in a very loose manner, it being oral and without method in its arrangement. In
a year or so, however, there was a change in the programme, and printed questions were used.
I attended one of the latter examinations in London, and everything was strictly and well con-
ducted. I obtained a Second Class Certificate at this time, having previously held the same.
The first School I taught was in the Township of Westminster in 1850, which was kept
open for six months by myself, and three months by another Teacher. The School House was
Log, of dimensions 20x17 feet ; and the Books used were the Irish National Readers, Kirkham's
Grammar, Morse's Geography. DaboU's Arithmetic. The Seats were long, with the Desks
placed against the walls ; and there were no Maps, or Apparatus, of any kind.
The next School which I taught was in the Township of Nissouri in a Log house of 20x17
feet. The Books used were the Irish National Readers, Kirkham's Grammar, Morse's Geo-
graphy, Walkingame's Arithmetic ; and there were no Maps, or Apparatus, in the School.
In 1851, I taught in the Township of Delaware, in the County of Middlesex. The Building
was of Log, and about the same size as the previous one ; and the Books were the same as those
formerly used. ^ c?
•^ Charles Shortt.
Craigie.
1850:— An old Log School House was the first educational structure erected in Orange-
viU, and was after the design of the log shanties of pioneer times, without any Ceiling, and with
the typi^l long narrow Windows, characteristic of edifices of this kind. In the centre of the
School Room was a Stove, and around this were tiers of Logs, which served as Seats for the
pupils. Some years after its erection, it was improved by the addition of Seats on a more modern
scale. The first Teacher of the school was Mr. Thomas Davidson, who has long since joined the
silent majority.
_ Alexander Steel.
Orangeville.
1850:— In the year 1850, I commenced to teach in the Township of Arthur, County of
Wellington. * * * . The School House in which I taught was the first erected in the
Township, and was built of logs. * * * . Tj^^^.^ ^^^^ ^^ jy^^^^^ ,^^ g^^^^^ ^^ ^ .
and the Books were the Irish National Series.
Chap. XXVII. REMINISCENCES OF SUPERANNUATED SCHOOL TEACHERS. 299
I next engaged to teach the Centre School in Eramosa in January 1851, which was a large
frame building It was well furnished with Desks, Maps and other Apparatus: the Books used
were the Irish National Series.
I then moved to Pushlinch School within forty miles of Hamilton, and taught there for two
years : after which I moved to Mount Forest in 1854, which was at the time a Government
Town Reserve. Afterwards I taught in Egremont, County of Grey, two miles from the present
lown of Mount Forest, in a well furnished frame Building.
For two years I taught in Arthur Township in a Log building, but well-furnished with Maps
and Desks. ^ ^^_ __^
„ . , John W. Walker.
Stonewall, Manitoba.
1850 : Doctor Kelly, School Inspector, in his Report of 1850 says : Brantford was incor-
porated as a town in 1847, . . . , and in 1850 Mr. P. C. Van-Brocklin was Mayor, and
also Chairman of the School Board ... In this year Mr. J. L. Hughes, (now Inspector of
the Toronto City Schools,) was Principal of the new Central School,— the west wing of the pre-
sent structure,— which was formally opened by the late Reverend Doctor Ryerson, Chief Super-
intendent, in March of that year. Mr. William Hutton, now of Winnipeg, was Assistant in
the Boys' departments, and Mrs. Corbett in the Girls'. • The salaries were not extravagant,
being respectively Five Hundred, Three Hundred, and Two Hundred dollars per annum. The
Reverend Alexander Drummond was Local Superintendent at that time. . . .
1850 : Mr. Hiram Robinson, Chairman of the School Board of Ottawa, in a Letter gives the
following interesting information of School affairs in that City. He says :— 1850, our most
respected townsman, Mr. Alexander Workman, was elected Trustee along with Messieurs
Atkins, Burke, Turgeon, Joynt, and Marier. Mr. Francis Scott was appointed Secretary of the
School Board, and Mr. Workman, School Superintendent. A demand was made upon the Town
that year for the support of the Schools for £135 83. 4d., exclusive of the Government grant.
One pound was allowed to Returning Officers for holding elections. Male teachers received
d630 per annum, and females £15. The children taught numbered one hundred and twenty-four
males and seventy-nine females, representing Protestants and Roman Catholics. . . .
1850 : — After leaving the Normal School at the close of the Winter Session of 1849-50, I
engaged to take a School in the Township of Augusta, County of Grenville. The Building was
of Stone, of 20 x 30 feet, with a row of Seats in front of Desks attached to the walls on Two
sides of the Room, . . The School was supplied with Maps of the Continents, and one of the
United States ; and the Books were of the Irish National Series. . .
I was engaged in this School for three months only, at a salary of Fifteen dollars a month,
and to " board round" among the pupils. . . At the end of the time, I held an examination,
which was well attended, and with which the Trustees were so well pleased that I was engaged
for the remainder of the year at a greatly increased salary.
For the year 1851, I engaged in a School in the Township of Mountain, County of Dundas,
at Three Hundred dollars a year and to " board round " also among the pupils. The School
House was built of sided Cedar Logs, and was about fifteen feet square ; was without Desks,
with Benches of sided Logs ; a Blackboard, about three feet square on which I taught
Writing, Arithmetic, Grammar, and Geography. The only Books used were the Irish National
Readers.
As I thought it best to try different Schools, I went west and taught in the Village of Madoc,
County of Hastings for a year, at a yearly salary of Three Hundred and Fifty dollars. The
School House was an old Frame Building, about 30 x 40 feet ; a storey and a half high, with
very good Desks and Seats ; and was well-furnished with Books, Maps and other Apparatus.
Kemptville. • ' R. O. Campbell.
1850 : — I commenced the profession of teaching in 1850, at what is now the Village of
Seeley's Bay, situated on the Rideau Canal, about twenty-five miles east of Kingston. My
salary was Nine dollars a month and " board round " at the people's Houses. The Room, in
which I taught was in a Frame Building, about twenty feet square, situated, like most of the
School Houses of the day, on the corner of somebody's farm, without any playground except
the highway. On the inside of the Building were three long Desks extending around three of
its sides, with a Seat between the Desk and the wall for the pupils. There were no Globes,
Blackboard, or Maps, in use.
In 1851, I taught in School Section Number Five of the same Township of Kitley, at a
salary of Eleven Dollars a month. Here the School House was worse than the other I have
mentioned, it being an old Log Building, 18 x 20 feet, with no School Apparatus of any kind.
I induced the Trustees, however, to furnish a Blackboard, which was the first used in any
School in the Township. After having taught there for six months, I attended the Normal
School, Toronto, during the latter part of 1851, and the beginning of 1852. I afterwards taught
3 00 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. 1851
in the Village of Elgin, Township of (frosby, the remaining part of the following year where
there was no Apparatus, with the exception of a Blackboard. The instruction which I received
at the formal School, however, enabled me to teach with more satisfaction to myself, and
advantage to the School. j, E. Johnson.
Sloperton.
1861. In January 1851, I commenced teaching in Thorndale, in the Township of W es^
Nisouri, then in the County of Oxford. The School House was much like my other ones, with
the exception that a huge Fireplace extended half way across one end of the Room, which was
surmounted by a great square Dutch Chimney which smoked badly on a windy day. That
Winter we had a Debating School in the School House. . . .
There was no Lock to the Door, so we leaned a big firewood stick against the Door every
evening, and pushed it down again in entering next morning. . . . Toward the end of my
second Winter there the old School House was burned down one night, . . . ; but the
Trustees set at once to work, and erected a fine Frame Building upon the same Site, and which,
I believe, stands there still. It was the first good School House which I occupied as Teacher.
Here I received as salary Seventeen Dollars a month, and paid one Dollar a week for my
board. . .
When I left Nissouri, I began to teach in Petersville, a suburb of London, Ontario, across
Blackfriar's Bridge. There there was a good Brick Building, well lighted and provided with
Desks, Seats, and Blackboard, but with no Maps, or other Apparatus. It was composed almost
equally of Protestant and Roman Catholic children . . . While there, however, I never heard a
discordant word on the subject of sectarianism. The secular branches only were taught in this
School, with as much moral and Religious Instruction as could be introduced. By " religious,'^
I mean, such as all good, God-fearing people were agreed upon. For instance, 1 asked, while
talking about Sabbath observance " What works may lawfully be done on the Sabbath ? " A
Protestant boy answered " Those which cannot be done on Saturday, nor leftoflF until Monday."
A Roman Catholic boy replied " Works of necessity and charity." Every one saw at once that
both answers were good and essentially the same . . .
During the first week of January, 1851, all Teachers in the County, excepting those holding
Normal School Certificates, had to go into London to be examined under the Programme, just
then issued by the Provincial Council of Public Instruction. The examination proved to he a
great leveller. Many who had previously been considered oracles of learning, came out badly
plucked.
From that time we had a better classification of Teachers, a uniform set of Text- books, and
an improved mode of School Inspection. More attention began to be paid to School Houses and
Grounds ; Teachers salaries began to rise, and things to improve generally.
Toronto. John Phililps.
1851 :— On coming to London in 1851, I was appointed Teacher in the Union School, of the
Junior Division of Girls. The School had been erected in 1849, and was a plain Structure, con-
taining six rooms, which were shortly afterwards divided, each into a Class Room, with a seating
capacity for eighty pupils, and a Gallery for those not requiring Desks. Before this alteration,
there were some Rooms with two Teachers ; so that the desired progress was not being made,
and the monitorial system was in vogue.
The Rooms were heated by means of large Bon Stoves at each end ... The best Maps
and Globes were provided from the Educational Depesitory, Toronto ; and the Rooms were fur-
nished with long Benches, which were built quite irrespective of the size and age of the pupils.
These were afterwards superseded by improved short Benches and Desks for two children. The
Irish National Series were the Text-books used ; but afterwards the Canadian Series were intro-
duced. There were no examination papers ot this early date, but the Teacher in one grade pre-
pared the Teacher for a lower grade. This, however, caused some jealousy, and was afterwards
discontinued. ^ „
T E. Hopkins.
London.
The School in which I taught in 1851, was in the Township of Darlington ; a Frame School
House. Writing Desks were fastened to the wall ; the floor was raised probably a foot at each
row of Seats and with a back to the Seats. The Irish National Readers and Arithmetics were
generally used in this School ; also an Agricultural Reader published by the Reverend Doctor
Thornton of Oshawa.
o ^^^^ ^^\ ^^^l?,^"^^ ^" ^^^^^ ^ *^"Sht was in a small Frame House about twenty feet square ;
beat and Desks all around the Room, except where the door was. The Benches had no backs
and were all over the floor The attendance was forty pupils. I engaged for two months at
Jliighteen Dollars a month ; I remained there four years and two months— the last year, or two
Chap. XXVII. REMINISCENCES OF SUPERANNUATED SCHOOL TEACHERS. 301
got $350 a year. Taught in the old House a year, or two. A new House was built, with im-
proved Seats and Desks for two only not such as we have now, but good big strong ones made
by the carpenter that built the School House. Maps and Blackboard were furnished. I have
now been teaching for about seven years. The Houses were good Brick Houses, furnished with
Blackboard and Maps, and the authorized Text-books were used in all of them It is twenty
two or three years since I taught, and 1 have forgotten the names of many of the Books used
W^^'^^^- J. W. Palmer.
^r-,1 ^^ ^?^^' ? i'^®^* *° ^^^^^ Mountain Township, Section Number 1. which was a small
Village, but with only a very poor Log School House, and a large attendance of pupils, num-
bering about eighty. It was during this year that I first went to the County Board for exam-
ination, which was conducted by four, or five, Ministers. We wrote a few lines, worked some
Arithmetic, and then we were questioned and answered verbally.
I taught also in School Section Number 17. The Section was newly formed, and I was the
first Teacher. A Log School House had been built, and it was warm and comfortable, and I had
a Desk and Bench for myself. I was the first Teacher in Mountain to rebel against boarding
around among the farmers. The Teachers to whom I spoke said that I would not succeed.
The first year I got Nine dollars a month, so I told the Trustees that I would take Twelve and
board myself, and as they did not wish me to leave they finally consented to do so.
Kemptville. Elizabeth J. Glenday.
1851 :— I sailed from Belfast in the autumn of 1851, and in about six weeks arrived at
Bytown, now Ottawa. For the remaining two months and a half of the year, I taught in a
Union School near Carp Village, County of Carleton. While the school accommodation seemed
insufficient, compared with what I had been accustomed to, yet for a new Country, I thought it
very fair. The Building was of sided logs : and I cannot recollect that it contained any Maps.
CocHA Bay. David D. Keenan.
1851 :— The School House in which I was engaged in 1851, was a Log Building, fitted up
with two long Desks, one of which was on each side of an aisle from the Door to the Teacher's
Desk. Long Forms were so arranged, that the pupils, when seated, had their backs to the
Teacher. In the aisle were Benches placed for the younger pupils : and all the Benches and
Forms were without a back-support for the pupils. There were no Maps, nor Apparatus of any
kind. The Books used were Mavor's and Cobb's Spelling books. The Readers of the Irish
National Series, and Lennie's and Kirkham's Grammars. The Bible was used as a Text-book
at the opening and closing of the School. The Arithmetic principally used was Walkingame's,
and the Geography was Morse's. The Copy books were foolscap paper, at the head of which
the Teacher was obliged to set the copy. ' Robert Hamilton.
Clarksburg.
The Early Schools of Port Hope. The following is copied from a recent
Publication entitled : " Port Hope Historical Sketches." Chapter xviii of that
Volume : —
In Chapter Five it was mentioned casually that the First School in Port Hope was kept in
the year Seventeen Hundred and Ninety-seven in the Smith Homestead by Mr. Collins of
Montreal. From that date until Eighteen Hundred and Twelve nothing definite is known of any
educational institution in the Village of Port Hope ; but it is not unlikely that there were
Private Schools similar to the above, where the children of the Village received instruction.
In Eighteen Hundred and Twelve, it would seem that there was a plank School-House
situated on Walton Street opposite John Street and, though a private institution, it may yet be
considered as the Parent School of the present Public School System of the Town. It was
taught in that year by Mr. John Farley, whom history records as a man of good education and
a successful Teacher. He was succeeded during the next few years by Mr. John Taylor and
later by Miss Hannah Burnham, who was School Mistress there from Eighteen Hundred and
Fifteen to Eighteen Hundred and Seventeen. Then followed Mr. Gardiner CliflFord and Mr.
Page during brief intervals.
At this juncture the School was taken down and removed to the corner of King and William
streets, where it stood for many years. In it in its new position taught Mr. Hobbs, Mr. Valen-
tine Tupper, Mr. Alexander Davidson, Mr. Patrick Lee, Mr. John Bengal, Mr. Rattery, Mr.
George Hughes and Mr. Maxwell in succession, bringing the School down to Eighteen Hundred
and Thirty-three.
302 DOCUMENTARY HISTORY OF EDUCATION IN UPPER CANADA. Chap. XXVII
Meanwhile, as might have been exf)ected, there were numerous other Schools started in
various parts of the Town. Mr. John Taylor opened a School on Cavan street in Eighteen
Hundred and Nineteen. Chief Justice Draper, then a Law Student, taught School here about
the same time. The Reverend Mr. Coghlan, in Eighteen Hundred and Thirty two, built the
House until recently occupied by Mr. James Kerr, and took advanced pupils. Mr. Millard and
the Reverend Doctor Shortt continued his labours there. About Eighteen Hundred and Thirty-
two Mr. Murdoch McDonnell taught in Mr. J. D. Smith's old store on Mill Street for a short
time, and then built a School House on the south-east corner of Pine and South Streets, which
was iater rented by the School Trustees of the Town. These are but a few of the educational
institutions that the Town possessed.
The first Government aid granted to the Schools of Port Hope was received in Eighteen
Hundred and Forty-two and, amounted to the sum of Forty-five pounds. Twelve shillings and
six pence, ($182.50). From this it may be concluded that there had been some public super-
vision of the Schools, though probably it only amounted to the annual appointment of a School
Superintendent. The Reverend John Cassie was the first appointed. In Eighteen Hundred
and Forty-four the Town was divided into three School Sections, of which Section One comprised
the present Ward 2, Section Two the present Ward 1, and Section Three the present Ward 3.
For each of these School Sections Trustees were appointed. Both Sections Two and Three had
School-houses already but, though tenders were asked for the erection of a Brick School House
in Section One, it does not appear that there was ever a School-house there.
In Eighteen Hundred and Forty-eight, the first Board of Trustees for the Schools was
appointed. It consisted of Reverends J. Cassie and J. Baird, and Messieurs John Reid, Wm.
Mitchell, Wm. Barrett and Wm. Sisson. Mr. Mitchell was Chairman, and the Reverend J.
Baird Superintendent for several years.
In Eighteen Hundred and Fifty-one the plank School House was moved some distance back
on William Street and repaired. Mr. Thomas Watson was placed in charge of it, while Mr.
Thomas Spotton occupied the rented School House on Pine Street. Another small School was
kept at the same period by Mrs. Grierson in the Kitchen of her House, just south of Holmes'
Establishment on John Street. The fees of the pupils at these Schools were about One dollar
and Twenty-five cents per quarter.
Two years later the Board of Trustees decided to erect two new Schools, according to a plan
strongly favoured by Mr. Wm. Barrett and some others. These Schools were to be octagonal
in shape and lighted from the top. Lots were secured, — one where the present East Primary
School stands, and the other on the corner of Little Hope and Sullivan Streets — and the Schools
were erected. Mr. Spotton was removed to the Western School and Mr. Watson to the if. astern
School, while Mr. Wright was placed in charge of the old plank School House on William Street.
Dr. Henry G. Forbes, writing of the Port Hope Schools, says : —
My earliest recollections of the Public School System of Port Hope dates from the Summer of
1851, when the Town employed Mr. Thomas Watson to teach the primary grades of the Schools.
There were no Grammar School at that time, but a higher education could be obtained at private
Schools. I believe Mr. Thomas Spotton kept a Private School, and taught everything from the
Alphabet up to Homer. He is recollected well by the older generation, from the fact, that he
used the ruler in more ways than one. . . .
The School in which Mr. Watson taught was a small Frame Building of one Room, (since
burned down.) It continued in that place until the spring of 1852, when the first attempt to
have a Grammar School in Port Hope was made.
Mr. Hugh Lucas of Port Perry thus recalls his past experience :—
In January, 1851, I travelled Forty-nine miles on foot to my first examination in Port
Hope. My examiners were the Reverend Samuel Armour, the Reverends William Ormiston
and James Blair. The examination was principally oral ; and, as the Irish National Series were
the Text- books used here, I felt at home on most of the subjects, having left school in Ireland
only a few months previously.
My first School, Number 1, Cartwright, County of Durham, in which I remained for nine
years, was a low Log building, 18x24 feet, very meagrely furnished. In 1853, a new frame
bchool House was erected ; and for which was furnished Maps of the Continents, and a good
sized Blackboard.
1851. The following branches of Education were taught under the Free School System in
the town of London m 1850 for three shillings currency, (60 cts ,) per quarter,— the calculation
bemg based upon the actual number of pupils that have been upon the Rdls. Upon the average
attendance it is only $1.22. Under the Rate-bill of 1850 it was $2.04. The branches of Educa-
tion *^^aught under the Free School System were :— Reading, Arithmetic, Grammar, Geography^
Chap. XXVI L REMINISCENCES OF SUPERANNUATED SCHOOL TEACHERS. 303
History, Writing, Book-keeping, Mensuration, Algebra, Geometry, Elements of Natural Philo-
sophy, Vocal Music and Other Studies.
Hart's Private School for Boys in Toronto, 1843-1848. On the west side of Church
Street, Toronto nearly midway between Queen and Richmond Streets, stood a small two storey
double Frame House, the lower floor of which was afterwards occupied by a newsdealer and
another shop. The whole Building was once occupied as a School and Residence by Mr.
Hart, a small gray haired Irishman. . . .
The School was started about 1843, and continued until 1848 — The School Room was on the
ground of part of the Building — The remainder of the house was occupied by Mr. Hart as a
Residence — Thirty or forty pupils, all boys, attended the school, among whom several Toronto
citizens of to-day — The School-room was arranged in a peculiar fashion. The Master set behind
a high Desk on one side. Around the other three sides, were ranged one continuous row of
Benches with Desks in front of them. On these Benches, the boys sat, every one, with his
back to the master. By this method of arranging his pupils, he could watch every boy's move-
ments unknown to him, and frequently when two boys were racing pens across the desk, he would
quietly descend from his perch, and stepping on tip-toe across the Room, would suddenly seize
each by the shoulders, greatly to their consternation.
English branches and Latin constituted the course of study at the School — Mr. Hart was
very attentive to his duties, very humourous, and was rather a favourite among the boys — A
switch of nine tails was his weapon of punishment — It was his habit to mention how many
blows — "pandies, " they were called, in the School Room vernacular, the convicted boy was to
receive — The customary number was eight, four on each hand. One pupil used to give great
amusement to the boys and great vexation to the Master by his argumentative resistance to
punishment. After dodgingand squirming to avoid the blows, he would dispute the count until
the Master became so confused and annoyed that he inflicted extra punishment, but the pupil
invariably beat him on the count. With all his supposed cleverness as a Master, the smart boys
would sometimes outwit him.
INDEX.
Abolish Oflfice of Chief Superintendent, 1, 16.
Academy. Burlington Ladies', 226, 228, 230
232, 238, 239, 242, 243, 244, 247, 248, 25l!
Academy, Upper Canada, 151.
Academy, Toronto, Grant to, 236,
Accommodation School, 196, 211,
Act, Cameron School, of 1849, 2, 4, 18 24
56, 60, 67, 68, 69, 127, 164, 181,
Act, School of 1826, 68.
Act of 1850, School, 2, 7, 10, 14, 16, 17, 24,
28, 29, 31, 73 175, 177, 229, 241, 242,
Act, University, of 1850. (See University
Act.)
Act, Victoria College Site Removal, 20, 28,
30,53, 152, 153, 253.
Act, York County Grammar School, 52.
Address to the Queen, 244, 247,
Admission to I^ormal School, Terms of, 157,
Affiliation of Trinity College with Toronto
University, 255,
Agricultural Chemistry, Lord Elgin's Prizes
in, 156.
Agriculture, Chair of, in the University, 274,
275, 278, 279, 282, 294.
Alien Teachers, 69,
Allan, Hon. George W., 2<>7.
Amendment to Charter of King's College, 85
89, 105, 110, 254, 256,258,
Apparatus Philosophical, Grant for, 84,
Appeals to the Chief Superintendent, 185,
194,208,
Apportioning School Moneys, 209, 217,
Architecture of Education Buildings, 160,
161,
Architecture, School. 206, 208.
Assembly, Proceedings of the House of, 1,
22L
Association. Teachers', 63, 65, 66.
Baldwin, Hon. R., 2. 4, 13, 17, 18, 19, 20,
25, 29, 72, 87, 121, 134, 163, 231, 240.
Bagot, Sir C, 86. 104.
Barber, G, A,, 286, 288
Barron, F, W„ 126, 127, 130, 138. (See
Upper Canada College.)
Bathurst. Lord, 84, 258,
Beaven, Rev. Dr., 104, 118, 123, 130, 134,
135, 144, 268, 269, 271, 272, 274, 277, 279,
281, 282, 284, 294,
Bethune, Bishop, 10, 11, 14, 266, 267.
Bill, University, by Hon. H, Sherwood, 221,
Bill, University, by W, H, Boulton, 232,
Blaquidre. Hon, P B, de, 118, 121, 122, 130,
132, 133, 245, 253, 256, 265, 268, 269, 270,
271, 276, 277, 279, 280, 281, 282, 283, 292.
Board of Education, Provincial, Proceedings
of, 1850, 156.
Board, Endowment. (See Endowment.)
Board of School Trustees, 30, 203, 204, 205.
Boards, Township School, 208.
Boards of Public Instruction, County. 42.
194, 212, 218, 220,
Books, School. (See Text Books.)
Boulton, G, S., 28, 247.
Boulton. H. J,, 9, 12, 14, 227, 228, 231, 237.
Boulton, W. H., 14, 15, 228, 230, 231, 232, 240.
Bowes, J. G,, 278, 279, 281, 283.
Brown, Hon. G,, 25, 240.
Buchan, David, 118, 122, 123, 274, 276, 277.
278. 280, 282, 284, 289, 292.
Buchanan, Hon. Isaac, 110.
Buckland, George, 156, 282, 283,
Buildings for Education Department and
Schools, 157, 160, 161, 162, 164, 228, 237.
Burnside, Dr., 104, 242, 266, 267.
Burns, R. E,, 145, 185, 269, 272, 278, 279,
28 L, 283.
Bytown College, 1, 26, 27, 221, 240.
Cameron School Act of 1849. (See Act
Cameron. )
Cameron, Hon. J, H., 7, 18, 118, 119, 122,
123, 125, 126, 127, 129, 134, 135, 140, 240,
286.
Cameron, Hon, M.. 2, 4, 13, 24, 60, 67, 69,
129, 140, 155,
Caput of the University, 61, 118, 127, 130,
146, 222, 273, 282, 290. 295.
Cartier, Hon, G. E., 8, 231.
Census of U.C, Religions of, 4, 88, 108, 110,
112, 254,
Certificates of Qualification, Teachers, 42,
48, 67, 162, 218.
Cheque for Site of Education Department,
163, 164.
Chancellor of Toronto University. (See
Blaqui^re, Hon. P. B, de.)
Charbonnel, Bishop, 168, 240.
Charter of Church University, 112, 113, 114,
117, 242, 244, 245, 246, 253, 255, 256, 259,
260, 263, 264, 265. (See Trinity College.)
Charter of King's College. See King's College.
Chief Superintendent of^Education, Duties of,
45. (See Kyerson, Dr,)
Churches and the Toronto University, 146.
Church University Correspondence, 91, 118.
132, 241, 242, 252, 253, 266,
Circular of the Visitation Commission, 293.
Circular School of Hon, F, Hincks, 64,
Circulars of the Chief Superintendent, 73, 74,
190, 193, 198, 202, 203, 204, 207, 213, 216,
217, 218,
City Boards of School Trustees, 39, 176, 177,
178, 179, 194, 202,
City and Town Schools in 1850, 170.
Clergy Reserve Question and Education, 3.
Cobourg Diocesan College, 93.
Colbome, Sir John, 4, 105, 112, 252.
20 D.E.
[305]
306
INDEX.
College, Upper Canada. (See Upper Cfanada
College.)
Coloured Children, Schools for, 2, 3, 7, 11,
23, 24, 26, 27, 30, 64.
Colonial History of Canada, 238.
Common School Acts, (i^ee Act, Common
School.)
Common School Fund, 211.
Connor, Dr. Skeffington, 3, 27, 118, 122,
125, 127, 134, 135, 269, 277, 279, 281, 284,
285, 294.
Correspondence with the Chief Superintend-
ent on the Common School Act of 1849, 3.
Correspondence on the Church University,
(See Church University )
Council of Public Instruction, 15, 46, 158.
Council of Trinity College, 249, 266.
Oounty Boards of Public Instruction, 42, 194.
County Councils and the School Law, 41, 70,
71, J 94, 199, 217.
County School Superintendents, 41, 43, 68,
69, 70, 190, 200, 201, 209, 211.
Croft, Dr. H. H., 118, 122. 127, 156, 277,
284, 294.
Declaration of Church of England Canadian
Bishops, 242.
Deed of the Site of the Education Depart-
ment, 163, 164.
Deputy Superintendent of Education, 162,
163, 164.
Dishonesty in School Money Matters, Pro-
vision Against, 48, 60.
Dismissal of Dr. Ryerson, Hon. F. Hincks
on the, 14, 59.
Disputes School Section Avoided, 79, 208.
Dissentient to Address Re Church University,
246.
Divinity, Teaching of, 89, 104, 105 307,
109, 110, 133, 134, 225, 235, 246, 254,
256, 258, 263.
Dorchester, Lord, 80.
Draper, Hon. W. H., 87, 104, 266, 267.
Draft of Charter of Trinity College, 98, 99.
Draft of School Bill of 1846, 73, 78.
Druramond, Hon. L. T., 8, 231, 239.
Duties of City and Town Councils, 39, 202.
Duties of County Councils, 41, 194, 199, 201,
218. ' > , ,
Duties of County Boards of Public Initruc-
tion, 42, 194.
Duties of School Superintendents, 43, 194,
209. » ' »
Duties of Township Councils, 37, 206.
Duties of School Trustees, 32, 33, 39. 195,
204, 213.
Duties of School Teachers, 36, 196, 216.
Duties of School Visitors, 44, 197.
Duties of the Chief Superintendent of Edu-
cation, 45.
Elgin, Lord (Governor General), 1, 2, 17, 27
31, 52, 63, 92, 102, 107, 130, 136, 142, 156,
191, 245, 248, 250, 251, 253, 256, 259, 262,
263, 264, 271, 2-; 6, 278. 280, 283,
Endowment Board of Toronto University,
122, 125, 126, 128, 129, 130, 133, 134, 135,
140, 141, 227, 236. 267, 268, 275, 276, 277,
278, 279, 280, 281, 282, 290, 283, 284, 285,
288.
Endowment of Trinity College, 94, 96, 97,
112, 114, 116, 117, 118.
Evidences of Religion, Medal for, 268, 270,
271, 273, 274, 275, 292.
Examination of Teachers, 1 62, 218.
Expenditure in 1850, School, 166.
Facts as to our School System, 183.
Fellows, University, 222, 233, 234, 235.
Fellowships in the University, 9, 10. 16, 29,
51, 155, 222.
Finance Committee, Legislative, 15, 184,
387.
Financial State of Toronto University, 145,
227, 267, 268. 272, 273, 274, 278, 284, 286,
287, 288, 289, 292.
Foundation Stone of King's College, 86.
Founder of two Universities in Toronto, Dr.
Strachan, 117.
Founding of King's College, 84, 86, 258.
Free Presbyterian Church, 154.
Free Schools. 12, 56, 63, 68, 69, 73, 74, 77,
181, 214, 215.
German Universities, 134.
Glenelg, Lord, 6.
Goderich, Lord, 85, 88, 89.
Gordon. Hon. James, 104, 242, 247, 266,
267.
Gray, Rev. Dr. John, 295.
Grasett, Dean, 104, 158, 266, 267.
Grammar Schools, 6, 17, 19, 20, 21, 23, SO,
52, 71, 105, 227, 1^36, 239, 247, 248, 258.
Grant to Common Schools, 47, 110.
Grant for Site and Education Buildings, 23.
Grant to Common School Libraries, 48.
Grant for Normal School Expenses, 47.
Grant, Imperial, of 1797. (See Imperial
Grant.)
Grey, Lord, 92, 95, 96, 98, 102, 103, 107,
112, 113, 114, 116, 244, 245, 253, 254, 255,
259.
Guigues, Bishop, 1, 2, 6, 241.
Guardian, Christian, 108.
Harrison, Hon. S. B., 158, 278, 281.
Hawes, Sir B., 102, 113.
Haye, Mr. de la, 285, 289.
Head, Sir F. B., 6, 86.
Hincks, Hon. Francis, 2, 6, 7, 8, 11, 14, 15, 16,
17, 19, 24, 25, 54. 59, 67, 119, 122, 123,
137, 163, 164, 201, 231. 236, 239, 240, 276.
Hind, H. Y., 162, 190, 282, 283.
Hirschf elder, Jacob M., 133. 134, 135.
History of King's College, Dr. Strachan's,
82, 259.
History of Education in U.C, by Dr.
Strachan, 83.
Hodgins, J. George, 8, 156, 160, 163, 164,
185, 186, 198, 241.
Holidays in Schools, 195.
Hopkins, Caleb, 8, 14, 18, 231, 232.
Hours of Daily Teaching, 195.
INDEX.
307
Imperial Grant of 1797, 83, 105, 111, 114
252, 257.
Income for Common Schools, Bill Provid-
ing an, 27.
Inquiry into King's College Affairs, 6, 13,
16, 122, 124, 127, 138, 141, 236, 271, 272,
279, 280, 281, 282, 283, 284, 286, 288, 291,
292.
Inspection, School, 201, 210, 211.
Institutes, Teachers', 16, 48, 64, 157, 162,
189, 190.
Irish National Books. (See Text Books.)
Jennings, Rev. Dr. John, 158, 278, 282.
Journal, of Education for U. C, 72, 73, 75,
81, 181. 186, 187, 190, 191, 205, 206.
King's College, Toronto, 82, 84, 86, 98, 104,
106. 107, 110, 116, 128, 129, 142, 148, 222,
237, 146, 252, 253, 254, 257, 258, 259, 2t>3,
267, 280, 281, 283.
King's College, New Brunswick, 246.
Kingston Grammar School, 205.
Knox College, 133, 155.
Lafontaine, Hon. L. H., 7, 25.
Landon, Rev. W., 55, 56.
Lectures, Normal School, 160. 163.
Lectures, School, by School Superintendents,
43, 211, 212.
Legislative Council Proceedings, 5, 26, 241.
Legislation to Alter Imperial Charters, Power
of, 85.
Legislation, Suggestions on School, 63.
Leslie, Hon. James. {See Secretary, Pro-
vincial.)
Libraries, Common School, 48, 64, 160, 162,
173, 182, 193, 197.
London University, 115,134 224,235,263,264.
Lower Canada Schools, 187, 188.
Mac^ulay, Chief Justice, 104, 119, 120, 121,
266, 267.
Macaulay, Hon. John, 205, 247.
Macallum, Archibald, 161.
Macdonald, Hon. J. S., 8, 11, 14, 19, 23,
29, 121, 231.
Mackenzie, Wm. Lyon, 88,89, 227, 231, 232,
236, 237, 239, 240, 241.
Macnab, Rev. Dr., 154.
Macnab, Sir A. N., 18, 226, 231^ 232, 267.
Maitland, Sir Peregrine, 84, 85.
Mann, Hon. Horace, 208.
Manuscript of University Bill 1850, 9.
Massachusetts Schools, 12, 75, 76, 208, 209,
211.
Mayors of Cities and Towns, Circular to, 203.
McCaul, Rev. Dr., 118, 123, 127, 270, 271,
273, 274, 279, 283, 289, 290, 294.
McGill, Hon. P., 159, 160, 162, 163. 164.
Medicine, School of, 227, 228, 2^9, 230, 232,
237, 238, 241, 242, 243, 247, 249.
Meetings, Penalty for disturbing, 49.
Methodist Church and Victoria College, 151.
Minister of Education, Mr. Hincks on, 14.
Model Schools, 207 ; Inspectors as Heads of,
65.
Motfatt, Lewis, 104, 116, 556, 266, 267.
Morals of Pupils, 197.
Moral Instruction in Schools, 197, 198.
Morrison. J. C, 8, 11, 24, 118, 119, 123
124, 127, 130, 133, 134, 136, 137, 140, 158,
160, 164, 240, 268, 299, 271, 274, 275, 276,
281, 295.
Municipal Councils, {See Councils).
Murray, Rev. Robert, 270, 271, 294.
Naphegyi, Dr. Gabor, 273, 275, 276.
Nelles, Rev. Dr., 153.
New Brunswick, King's College, 246.
New England Free Schools, 76.
Nineteenth Section of School Act of 1850,
16, 24, 25, 26, 38. 237. 240, 241.
Normal School, U.C, 23, 47, 57, 58. 64, 66,
69, 156. 157, 160, 169, 189, 192, 228, 294,
295
Objections to Free Schools answered, 79, 80,
81.
Office of Chief Superintendent, Abolition of
the, I, 16, 29, 64, 70.
Opening of King's College, 86, 87.
Padfield, Rev. James, 62.
Palladian Style of Architecture for Educa-
tion Buildings, 161.
Pastoral Addresses of Bishop Strachan, 91,
92, 110.
Peel, Sir Robert, 102, 113, 257.
Petitions against School Act of 1850, 229,
241, 242.
Petitions to the Queen, 97, 103, 105. 113.
Philosophical Apparatus, (in 1807), 84.
Portland. Duke of, 83, 105, 111, 114, 252,
257, 258.
Presbyterian Church (of Scotland), 146 ;
Synod, 150. {See Free Church.)
Price, Hon. J. H., 4, 8, 14, 17, 18, 24, 230,
231, 236.
Prince, Col. John, 13, 26, 238.
Professors of the Toronto University, 1851,
294.
Public Opinion on School Legislation tested,
by the Hon. Francis Hincks, 54.
Public Schools of England, 90.
Pupils in the Schools of U. C, in 1850, 166.
Provincial Secretary. {See Secretary, Pro-
vincial.)
Qualifications for Teachers Certificates, 218,
219, 220.
Queen's Bench on Separate School Law of
1850, 240.
Queen's College, 2, 23, 27, 85, 113, 114, 131,
132, 146, 147, 148, 149, 228, 230, 236, 253,
254, 256, 263, 264, 265.
Queen's Colleges, Ireland, 257, 259.
Queen's Letter, 96, 97.
Queen, Petitions to the, 96, 9y, 103, 105, 244.
Quorum of Senate, 50.
Rate Bill on Parents vs. School Rate on
Property, 181.
Regiopolis College, 2, 23, 26. 147, 230, 236.
Reeves, Circular to Town, 206.
308
INDEX.
Regius Professorships, 51.
Regulations, School, 168, 159 162.
Relations of the Government to Dr. Ryer-
son, 8, 33, 14, 69.
Religious Census of U.C. (See Census.)
Religious Instruction in Common Schools,
71, 167, 197, 198, 211, 296.
Religious Instruction to University Students,
18, 50, 72, 86, 86, 89, 90, 95, 104, 105, 108,
110, 131, 147, 244, 259, 264, 268, 294.
Remedial (Separate School) Law, (See Sep-
arate Schools).
Report for 1850, School, 24, 236.
Residences for Teachers, 55, 65.
Retrenchment Committee, {See Financial
Committee).
Richards, Hon. W. B., 11. 12, 13, 18, 231.
Richey, Rev. Dr., 163, 154.
Robertson, Thomas J., 162, 189, 190.
Robinson, Hon. Chief Justice J. B., 18, 28,
104, 185, 266, 267, 283.
Robinson, Hon. W. B., 6, 104, 231.
Ross, Hon. John, 240, 241, 243.
Ryerson, Rev. Dr., 2. 9, 14, 15, 20, 51, 59,
71, 72, 74, 110, 153, 154, 161, 162, 163,
164, 165, 175, 184, 188, 189, 191, 192, 193,
202, 206, 209, 213, 215, 217, 218, 220, 263,
278, 279, 283, 284.
Ryerson, Rev. Dr., Relations to the Govern-
ment of 1850, 8, 13, 14, 59.
Ryerson, Rev. Dr., Letter to Hon. F. Hincks,
71.
Ryerson, Rev. Dr., as a Teacher, 210.
Ryerson, Rev. John, 20, 151, 163.
Russell, Lord John, 113.
Russell, President, 83.
Salary of the Chief Superintendent sought to
be reduced, 7, 8, 13, 14, 15, 188.
Sangster, John H. , 162.
Scadding, Rev. Dr. Henry, 84, 117, 266.
Secrecy, Declaration of, 280, 281.
School Acts of 1846, 1847 and 1849, Hon. F.
Hincks' Test of Public Opinion on the, 54.
Schools in 1850, Common, 165, 187, 213.
School Houses of Fifty years ago, 295.
School Section, size of, 165.
Scotland, Five Universities in, 255.
Secretary. Provincial, 27, 28, 125. 130, 133
135, 136, 142, 156, 161, 162, 163, 164, 189,
191, 192, 242, 244, 245, 247, 253, 254, 256,
207, 259, 262, 265, 268, 276, 278, 280, 290,
291, 292.
Senate of the University, 50, 118, 122, 130
131, 142, 233, 234, 267, 269, 271, 273, 274!
276, 277, 278, 280, 283, 2881 '
Separate Schools, 5, 11, 16, 24, 25, 38, 207 >
208, 221, 228, 237, 239. 240, 243, 248, 250:/
Separate Schools, Church of England, 228, 242.
Sherwood, Hon. Henry, 6, 11, 14. 126 1.30
132, 221, 229, 231, 236, 276, 278.
Simcoe, Governor, .3, 80.
Site of Education Building, 159, 162, 163
z^^'^y^^^*^"* College, removed to Toronto.
(See Victoria College. )
Small, J. E., 138, 139, 287, 288, 290, 292
Smith, L W., 119, 120, 122, 273.
Smithsonian Institution, 111.
Sparks. Jared, quoted, 217.
Statistics, U. C. School in 1850, 174.
Strachan, Bishop, 82, 92, 95, 99, 103, 106,
107, 109, 111, 112, 115, lit), 117, 131, 13.3,
241, 244, 245, 246, 252, 253, 254, 257, 258,
259, 260, 262, 265, 266, 267.
Spence, Hon. Robert, 1.
Surrender of King's College Charter refused,
85, 86, 258.
Surrender of Denominational College
Charters proposed, 246, 263, 264, 265.
Superintendents of Schools, Local, 43, 194,
200, 201, 209.
Sydenham. Lord, (C. P. Thomson), 6, 57, 65.
Synod of Presbyterian Church, (See Presby-
terian).
Taxable Inhabitants of U.C, Circular to ,203.
Taylor, Rev. Dr. L, 153.
Teachers, Circular to, 215, 217.
Teachers, Duties of, 36, 196.
Teachers and Free Schools, Good, 77, 215.
Teachers in U. C, in 1850, 167.
Teachers, Reminiscences of Superannuated,
295.
Teacher should be. What a, 196, 200, 219.
Test of Public Opinion on the School Acts,
by the Hon. Francis Hincks, 44.
Test, Religious, 85.
Text-Books, 55, 67, 60, 61, 62, 63, 64, 66,
67, 68, 69, 70, 163, 167, 193.
Thornton, Patrick, 57, 65.
Township School Boards, 39.
Township School Superintendents, 56, 57,
59, 60, 61, 66, 70, 71.
Township Councils, 37, 179, 180, 206, 207.
Town Schools in U.C. in 1850, 170, 178.
Trinity College Bill, 18. -221, 226, 228, 229,
230,231,241,242,245, 247, 248, 249, 260,266.
Trinity College Charter, {See Church Uni-
versity).
Trinity College Council, 100, 114, 116, 249, 266.
Trinity University Review, 266.
Trustees, Duties of School, 11, 32, 33, 55,
61, 64, 176, 178, 179, 195, 213, 214.
University Act, Amendments of in 1850, Bald-
win, 2, 9, 16, 17, 18 19, 20, 28, 29, 30, 31,
49. 82, 87, 89, 91, 98, 109, 110, 112, 122,
12'^ 134, 136, 147, 152, 232, 235, 236, 246,
258, 293.
University Bill in part, in Manuscript, by
Hon. R. Baldwin, 9.
University Bill by W. H. Boulton, 232-235.
University Bill by Hon. H. Sherwood, 221,
229, 236.
University of Upper Canada, 233.
University Amendment Act of 1837. 89, 254,
256, 258.
University College, 233. 263, 266.
University Question in Upper Canada, 262.
Upper Canada College, 16, 19, 23, 52, 124,
127, 128, 130, 137, 138, 139, 227, 232, 252,
256, 278, 285, 286, 287, 288, 289, 291. .
York County Council and the Common School
Act of 1850, 70, 155.
York Grammar Schools, 23, 52.
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