I. An Act for the disposal of the Clergy Reserves in this Province, for the purposes of General Education.* Passed by the House of Assembly on the 4th March, 1835.

The Committee find that on : Monday, 9th March, 1835.-This Clergy Reserve Bill, having been sent up to the Legislative Council on the 4th of March, 1835, it was read a first time on this day; second reading on the following Monday, --a call of the House made and the Bill ordered to be printed.

Monday, 16th March, 1835.-The Bill was read a second time and referred to a Select Committee, composed of the Honourable Messieurs Thomas Clark, the Archdeacon of York, George H. Markland, John Elmsley and James Crooks, with power to send for persons and papers.

Friday, 20th March, 1835.-The Select Committee on this Bill made a first Report, and the Bill, together with the Report thereon, was referred to a Committee of the Whole House on the following Thursday.

Thursday, 26th March, 1835.-The House went into Committee of the Whole on the Bill and made a Report. It reported certain Resolutions, which were adopted; six of which Resolutions were sent to the Commons House of Assembly.

Saturday, April 4th, 1835.-The Select Committee to whom the Bill was referred, presented a further Report, which was received and read. The Report was referred to a Committee of the Whole House on Wednesday next, and the Report ordered to be printed.

Wednesday, 8th April, 1835.-The Order of the Day was discharged for to-morrow.

Thursday, 9th April, 1835.-The House went into Committee of the Whole on the Report, and recommended its adoption, which was ordered. The Bill was referred back to the Select Committee, with instructions to frame an Address to the King on the subject.

Saturday, 11th April, 1835. —The Select Committee reported a draft of an Address to the King, which was read, and the House was ordered to be put into a Committee of the Whole upon it. The Address was adopted, and ordered to be engrossed and read a third time on the Monday following.

Monday, 13th April, 1835.-The Address to the King read a third time and passed. The House waited on the Lieutenant-Governor with the same on the 14th, to which His Excellency replied. (See pages 197-200 of this Volume.)

II. "An Act to Promote Education."†

Passed by the House of Assembly, on the 31st March, 1835.

The Committee find that on :

Tuesday, 31st March, 1835.-This Bill to promote Education, was sent up to the Legislative Council on the 31st of March, 1835, and was read a first and second time on that day. On the 1st of April it was ordered to be printed, and on the 6th of April the House went into Committee of the Whole on it and reported. The Bill was then referred to a Select Committee, who reported on the 9th April. The Bill and Report was then referred to a Committee of the Whole House on the 11th April, which reported progress and asked leave to sit again on the 13th, which it did, but rose without reporting, (and thus the Bill was dropped. See pages 196-200 of this Volume.)

III. "An Act to amend the Charter of King's College."‡

The Committee find that

Passed by the House of Assembly on the 2nd April, 1835.

This Bill was sent up to the Legislative Council on the 2nd of April, 1835, and was then read a first time; second reading was on the 6th of April. It was committed on the 7th, but the Committee rose without reporting. (The Bill was, therefore, dropped. See pages 196, 7). IV. "An Act to make a Grant to the Grantham and Bath Academies."

The Committee find that—

Passed by the House of Assembly on the 11th April, 1835.

This Bill was sent up to the Legislative Council on the 11th of April, 1835, and was read a first time on April 13th. It was committed on the 14th, but the Committee rose without reporting, (and thus the Bill was dropped'. All which is respectfully submitted. (See page 200.) COMMITTEE ROOM, HOUSE OF ASSEMBLY, JOHN P. ROBLIN, Chairman.

15th April, 1835.

*The proceedings of both Houses in regard to this Bill, will be found on pages 165 and 196 of this Volume. +A copy of this Bill, as passed the House of Assembly, will be found immediately after the Bills assented to by the Lieutenant-Governor, on page 206.

‡A copy of this Bill, as passed the House of Assembly, will be found on page 209 of this Volume.

CHAPTER X.

MR. WILLIAM L. MACKENZIE'S GRIEVANCE REPORT OF 1835.

The Provincial Elections of 1834 resulted in the return of a majority of Members who were opposed to the proceedings of the Government of the day, and in favour of a more liberal administration of affairs. The chief leader of this majority, the Honourable Marshall Spring Bidwell, was elected Speaker, and his warm friend and colleague, Mr. Peter Perry, had to take his place as leader and representative, in dealing with the proceedings of the House.

Taking advantage of this preponderance in favour of views so constantly, and with more or less acerbity, advocated by Mr. William Lyon Mackenzie in the House, he proposed, at an early day during the Session of 1835, to have, by vote of that House, the proceedings relating to his twice repeated expulsion, erased from the Journals of the House. This motion was carried by a vote of 33 to 9, or, by a majority of 24.

After having been thus vindicated by the House of Assembly, in regard to the statements and acts, for which he had been twice expelled by the previous House of Assembly, Mr. Mackenzie next proceeded, very naturally, to take steps to vindicate himself. He, therefore, proposed that a Special Committee be appointed by the House, before which he could prefer his charges; and, by the evidence of the parties concerned, and from other sources, seek to substantiate these charges. He also proposed that there be laid before that Committee the Message of the Lieutenant-Governor of the 19th of January, 1833, transmitting the Despatch of Lord Goderich, Colonial Minister, dated the 8th day of November, 1832, on the subject of the "grievances " laid before that Minister in that year by Mr. Mackenzie himself.* The Committee selected was composed of Messieurs Charles Duncombe, Thomas D. Morrison, Charles Waters, and David Gibson, each of whom was known to have more or less general sympathy with the views of Mr. Mackenzie.

The seven Reports on Grievances, when laid before the House of Assembly were, taken together, very voluminous, and embraced a great variety of topics. Those only relating to educational affairs can be included in this Volume. They

* The educational portions of this Despatch, and the proceedings of the House of Assembly, and of the Legislative Council thereon, will be found on Pages 112, 113, and 116, 117 of this Volume. Other papers were also laid before the Committee, as well as the information obtained from the Lieutenant-Governor by Addresses at various times from the House of Assembly.

had to do chiefly with King's College, the Upper Canada College, Common School Legislation, and some minor matters. From the seventh and final Report on Grievances, I take the following extracts relating to

KING'S COLLEGE AND UPPER CANADA COLLEGE.

The former Institution is not yet in operation, although much required for the instruction of the youth of the Province in those branches of Education not usually taught in Common Schools. The latter Institution is upheld at great public expense, with high salaries to its principal Masters; but the Province, in general, derives very little advantage from it. It might be dispensed with.

Viscount Goderich had His Majesty's commands to express the Royal desire that the opinion of the people of the Colony might be consulted with respect to the Constitution of King's College. A Bill has, accordingly, been sent to the Legislative Council, sanctioned by a large majority of the House of Assembly; but there is not much reason to expect that the Council will coincide in opinion with the representative branch of the Legislature on this important question.

The Despatch from Lord Viscount Goderich to Sir John Colborne, dated November 8th, 1832, and specially referred to your Committee recommends :

.

2. The alteration of the Charter of King's College in such a manner as shall agree with the wishes of the people-(acted on this year by the House of Assembly) . .

8. The strong recommendation of His Majesty for a universal diffusion of Education, especially among the poorest and most destitute; (acted on this year by the House of Assembly.

14. Among other subjects of complaint embraced in the Petitions referred to your Committee was the neglect of general Education.

The dependance of the Legislative Council [on the Executive Government is strikingly manifested by the facts stated in the evidence of the Honourable Colonel John Clark, and the Honourable William Dickson, members of that Body, before a Select Committee of the House of Assembly in 1828, on the Assessment Laws]. It appears that several Legislative Councillors had objected in a measure, strongly urged by the Executive, and its failure was inevitable. To ensure its passing, coercive measures were adopted.

The late Hon. Chief Justice Powell [was] obliged to have a protest he had entered on the Journals [of the Legislative Council] erased, and the erasure can be seen.

The protest of Chief Justice Powell was against a School Bill, passed the House of Assembly, then uninformed of its bearing, under the ambiguous phraseology of which it was intended to give the Reverend Doctor Strachan three hundred pounds (£300) a year.

The Bill passed, and Doctor Strachan, for many years. received this sinecure salary; 'till it was done away with on the Address of the House of Assembly. †

APPENDIX TO THE SEVENTH REPORT ON GRIEVANCES.

APPENDIX NUMBER I. MINUTES OF EVIDENCE RELATING TO EDUCATION, TAKEN BEFORE THE SELECT COMMITTEE ON GRIEVANCES.

1. Evidence of the Honourable and Venerable Archdeacon John Strachan, D.D., President of King's College, and a Member of the Executive and Legislative Councils, taken on the 1st of April, 1835, Question No. 515.-What offices and places of emolument and trust do you hold under the British and Colonial Governments?

Answer.-President of King's College; with no salary until the University shall go into operation. Also Archdeacon of York, and Senior Member of the Executive Council.

* The extracts from this Despatch will be found on pages 112 and 113 of this Volume. The Acts to amend the Charter of King's College and to provide for the diffusion of Education in Upper Canada, passed by the House of Assembly during the Session of 1835, and rejected by the Legislative Council will be found on pages 206 and 209 of this Volume.

+ In number 14 of the Documents appended to the Report on Grievances, it is stated that the salary paid to the Reverend Doctor Strachan, as President of the General Board of Education from the 1st of January, 1826 to 1st of July, 1833, was £2,250, ($9,000).

Question No. 516.- What sum is annually expended from public sources for Education in this city, (Toronto)? (2) And how many children are there being educated between the ages of 6 and 16 years?

Answer. There are about twelve hundred (1,200) children in the town; but as to the expense of their education, I have no knowledge.

Question No. 517.-What objections have you to the Bill passed by the Assembly in the 10th Parliament, intituled "An Act to establish Upper Canada College," and intended to give a more liberal constitution to that public Institution ?*

Answer.—I have no recollection of the provisions of the Bill.

Question No. 536.-Have your functions and salary as President of the General Board of Education ceased? And, if so, under what authority, and who has succeeded to the emoluments and office?

Answer. I understood, that in consequence of an Address of the House of Assembly, that Board was suppressed.

Question No. 541.-Was Mr. Thomas Appleton's application for his proportion of public moneys, as a Teacher in this city, unfavourably reported on to the Lieutenant-Governor by His Council? +

Answer. I have no recollection.

Question No. 564. In your letter of the 3rd of March, to Lieutenant-Colonel Rowan, in explanation of a payment of £500 or £524 sterling, made to you in London, from the Canada Company's fund, you state that it was to defray charges respecting King's College. We are desirous to ascertain, for the information of the House of Assembly, the way in which this money was expended, and the particular items of expense incurred by you, for which this was your remuneration? [See below, and page 170 of this Volume.]

Answer.-I have no further explanation to give than what my letter contains. The Colonial Department, under whose direction it was expended, was satisfied, and no part of the five hundred pounds (£500) remained with me.

NOTE.-The Letter of the Reverend Doctor Strachan to Lieutenant-Colonel Rowan, dated the 3rd of March, 1835, is as follows:

SIR-I have the honour to acknowledge your letter of the 27th ultimo, requesting such information on [one] subject referred to [in an Address, on the 17th ultimo] by the House of Assembly, as will enable His Excellency to comply with the wishes of that Body. I beg leave to state that I never received any such sum as eight hundred and twenty four pounds (£824)‡ sterling out of the public revenue of this Province, and have no knowledge of the Return to the British House of Commons in which that charge is said to have been mentioned.

Perhaps, however, the charge, though erroneous in amount, may allude to two separate and distinct sums of money which were placed in my hands by His Majesty's Government in London, during the winter and spring of 1827, which taken together compose eight hundred pounds, (£800) sterling:

First. The sum of three hundred pounds, (£300,) sterling, being my salary as Archdeacon of York, which was not paid over to me until January, 1827.

Second. The sum of five hundred pounds, (£500,) sterling, placed in my hands to defray certain charges incident to procuring the Charter of the University of King's College; all of which was expended to the satisfaction of the Secretary of State for the Colonies. In this matter I was employed, merely as Agent, and had no personal interest in the disbursement. §

Having thus endeavoured to furnish His Excellency with the only information, which can, as far as I am able to conjecture, be supposed to bear upon the matter of inquiry, I may be permitted to add, that I never received any money from His Majesty's Government to which I was not justly and honourably entitled, and have, therefore, not the slightest objection to explain any and every pecuniary transaction which has taken place between me and the Government, either here, or in England, to which the attention of the Legislature may be directed. JOHN STRACHAN.

LIEUTENANT-COLONEL ROWAN, CIVIL SECRETARY, ETC.

*

А сору

of this Bill is printed on pages 301-304 of the First Volume of this Documentary History. + The full details of Mr. Thomas Appleton's case are given on pages 244-253 of the First Volume of this Documentary History.

In the Address presented to the Lieutenant-Governor, on the 19th of February, 1835, this sum is given as £784. See page 163.

The authority for this payment is contained in a Despatch from Lord Goderich to Sir Peregrine Maitland, dated the 28th of June, 1827, and printed on page 226 of the First Volume of this Documentary History.

2. Evidence of Lieutenant-Colonel Alexander Chisholm, M.P. P. for the County of Glengarry. Question No. 239. Are the Common Schools in your District sufficiently numerous, and efficient for the wants of the country?

Answer. They are numerous, but not efficient.

Question No. 246.-What School Masters did the Bishop (Macdonell) bring from Europe? Answer.-Four; Mr. Hammond, Mr. Murdoch, Mr. McDonald and Mr. McPherson. 1 think the latter came from the West Indies.

Question No. 247.-From what funds were they paid?

Answer.-I cannot tell. I understand that one hundred pounds, (£100,) is allowed for each of them by the Government.

Question No. 248.-Did they teach School?

Answer. Three of them taught School in Glengarry for some time. One of them taught a Common School.

Question No. 249.-Are there any Roman Catholic School Masters now in Glengarry paid out of the Government appropriation to such Teachers?

Answer. I am not aware that there are. Bishop Macdonell paid the School Masters referred to in my former answer. It is more than five years since they left. I am aware that the Bishop has been occasionally giving the Common School Teacher at Alexandria some money. I know that he had paid him in all £18. This was about a year or two ago.

Question No. 263.-Are you aware that Roman Catholic School Houses have been erected, or Roman Catholic School Masters maintained, out of the funds provided by the Government? Answer. There was a School House erected at St. Raphael's, but I cannot say from what I am not acquainted with what has been done in other parts of the Province.

fund.

3. Evidence of the Reverend Angus McDonell, Curé of Sandwich.

Question No. 288.- Has there been, at any time, within your knowledge, any one School Master residing and teaching in this City, (Toronto,) who received any salary, or portion of the appropriation given to Roman Catholic Teachers, for his services?

Answer.-Yes; John Siers or Sawyer, he received, within my knowledge, about twenty pounds, (£20,) per year, for teaching in this place.

Question No. 289.-How long since he taught in this place?

Answer.-I cannot tell, but I saw the money paid to him last winter. I think there is another Teacher now in his place, who will receive the money.

Question No. 290.-Have you any knowledge of a person named John Butler having received any portion of it, under the pretext of his being a School Master?

Answer.-No; I do not know anything of it. I know Mr. Butler, but I do not know that he has received any Government money. If he has received any money, it was not received by him in the capacity of a School Master.

Question No. 291.-Was he, Butler, bona fide a School Master, coming within the intention of Earl Bathurst's Despatch, authorizing Bishop Macdonell to apply one-fourth of His Majesty's bounty for the Clergy to the payment of School Masters? (See page 141 of this volume.)

Answer.-Mr. Butler might have received something at one period as a School Master, because he taught School at one time here in this town.

Question No. 300.-Do you know of any sum of money lodged by Bishop Macdonell in the hands of Messieurs Maitland, Garden and Auldjo, the appropriation of the Imperial Government for Schools and for ecclesiastical purposes.

Answer. The Bishop, when in England, received a sum of from two thousand pounds (£2,000), to three thousand pounds (£3,000), which he lodged in the hands of Messieurs Maitland, Garden and Auldjo, because he was then on his way to Rome, which house failed before the Bishop's return to this country, and the Bishop has been now compelled to pay this money out of his own private funds.

Question No. 301.-Are you aware that one-fourth of the Annual Appropriation made in England is for the support of Schools?

Answer.-No; but the Bishop has discretionary power to appropriate one-fourth of the annual appropriation to the support of Schools. There are some Schools in the Province partially maintained from this bounty.