On the next day the Reverend Egerton Ryerson addressed the following supplementary letter to Sir James Stephen. He said:

In my let er to Sir George Grey, of the 3rd instant., I [did not press] any further the application which the Wesleyan Methodist Conference in Canada had made to His Majesty's Government for pecuniary assistance to the Trustees of the Institution for Education about to be opened at Cobourg, in Upper Canada. Upon further and more mature consideration I earnestly desire that the explanatory remarks and observations contained in that letter may be taken into consideration, with the view [of granting the aid asked for.]

I would also submit to His Lordship whether the latest proceedings of the Upper Canada. Legislature do not confirm the apprehensions which I expressed in my communication of the 13th February-that little aid can be expected from the Provincial Legislature until after the adjustment of the Clergy Reserve Question and the other questions of Colonial Revenue.

In comparatively small legislative bodies, while strong party feeling exists, His Lordship is fully aware how little probability there is of a subject, such as I have had the honour to submit to him, receiving the grave and impartial consideration which it deserves. And, as I learn from the last received numbers of the official periodical of the Wesleyan Methodist Conference in Canada, the Christian Guardian, that the Royal Instructions to, and the Administration of His Excellency Sir Francis Head, receive their cordial and decided support, I do not wish that the Methodist denomination should, at the present juncture, at least, be placed in those circumstances of almost entire dependence upon the favour of the Opposition party in the present Assembly, as they will be, if His Majesty's Government afford no pecuniary aid to this Institution.

These observations are not designed to preclude, or lessen, the importance of the recommendation to the Local Legislature which I have solicited, and which His Lordship has so kindly consented to transmit; but they are intended to show, in addition to such recommendation, the expediency and importance of His Majesty's Government affording such immediate aid to the Institution as will, at least, relieve the Trustees from existing embarrassments.

If you should be disposed to examine, you will find, by turning to the correspondence with the Colonial Office for July, 1833, that I addressed letters to Mr. [afterwards Lord] Stanley (one through Mr. Hay, then Uuder Secretary of State for the Colonies,) shewing the necessity and importance of a more liberal Executive and certain liberal measures in the administration of the government, in order to promote the best interests of the Province, and to maintain unimpaired, and in popular efficiency, the established Constitution of Upper Canada.

20 GUILFORD STREET,

22nd of March, 1836.

EGERTON RYERSON.

A reply to the letter was not sent to the Reverend Mr. Ryerson until one month after that letter was written. It contained the final refusal of Lord Glenelg to contribute anything either from Imperial, or Colonial, sources, towards the support of the Upper Canada Academy, and was as follows:

Lord Glenelg has had under his consideration your letter of the 22nd ultimo, on the subject of the application of the Wesleyan Methodist Conference for pecuniary assistance towards the Academy about to be opened at Cobourg in Upper Canada. His Lordship directs me to express his regret that he does not feel at liberty to depart from the decision on this subject. which has been already conveyed to you in my letter of the 29th February last. (See page 251.) DOWNING STREET, GEORGE GREY.

22nd of April, 1836.

Lord Glenelg, having omitted to send to the Reverend Mr. Ryerson a “commendatory note," as promised at a late interview, a letter was written to him on the 29th of March, 1836, in which Lord Glenelg was reminded of his promise, and the writer added:

I deem it unadvisable to make any further applications to individuals, (for subscription to the Academy,) until I should be able to avail myself of the advantages of so important, and, I believe, in most cases, so essential a recommendation to the success of my applications.

* These "instructions" are referred to on page 185 of this Volume.

Again, as the Trustees of the Institution

must, at the latest, make proI was most anxious to

*

vision to meet the demands of the Banks against them obtain your Lordship's decision on the other parts of my application, in time to advise them so that they may know precisely what to depend upon 20 GUILFORD STREET, 29th of March, 1836.

EGERTON RYERSON.

It was not until the 13th of April, 1836, that Sir James Stephen communicated to the Reverend Egerton Ryerson the opinion of the Law Officers of the Crown on the draft of the Charter for Upper Canada Academy, which he had submitted for approval on the 12th of February, 1836. (See page 247 of this Volume.) He said:

The Law Officers observe that, although they see no objection to the granting a Charter for incorporating an Academy in Upper Canada for the education of youth in Christian principles, they consider that there is considerable objection to granting such a Charter in the form suggested by you.

It

According to the draft which you have submitted, the Academy would be entirely under the control and management of the Wesleyan Conference, a body which is not recognized as having any separate existence, and which may possibly cease to exist. The proposed Charter does not name the persons who are to be incorporated, but leaves to the Wesleyan Conference the power of naming, from time to time, the individuals of whom the Corporate Body is to consist. is observed that this might tend to much inconvenience, both from the difficulty of knowing with certainty who are the persons, from time to time, constituting the Wesleyan Conference, and from the possibility that that Body might omit to make the appointments necessary for keeping up the corporation. The Law Officers, therefore, are of opinion that, if His Majesty should be pleased to grant a Charter of Incorporation to the proposed Academy, it must be done by incorporating certain individuals to be named in the Charter, and by providing for the keeping up of the Institution by means of some known and recognized body, or functionary, to whom the power may be given of supplying vacancies, as may be thought fit.

DOWNING STREET,

13th of April, 1836.

JAMES STEPhen.

On the 16th of April, the Reverend Egerton Ryerson, in a letter to Sir James Stephen, thus dealt with the objections of the Law Officers of the Crown, -Sir John Campbell and Sir R. M. Rolfe,†—to certain portions of the draft Charter of the Upper Canada Academy, which had been submitted to them. He said:

The principal objections of the Crown Officers appear to me to be two:

1. That the Trustees proposed to be incorporated are not named.

2. That the Institution will be placed under the control of an unknown body in Canada.

*In this letter, the Writer again called Lord Glenelg's attention to a favourable Editorial in the Christian Guardian of the 10th of February, 1836, on his Lordship's instructions to Sir Francis B. Head, the new Lieutenant-Governor of Upper Canada, and also to an Editorial in that paper, of the 24th of the same month, on the elevation of Messieurs John Henry Dunn, Robert Baldwin and John Rolph to the Executive Council of the Province, "the latter of whom," he said, you will recollect I earnestly recommended to that office in the first interview (on the 26th of January, 1836,) with which I was honoured by your Lordship after my arrival in this country."

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+Speaking of Sir John Campbell's career, the "Country Parson," (the Reverend Doctor A. K. H. Boyd,) in his quaint and striking way of putting things," says: "When Mr. John Campbell, Student of Theology in St. Mary's College, St. Andrew's, N.B., was working away at his Hebrew, or drilling the lads, to whom he acted as tutor, and living sparingly on a few pounds a year, he would, no doubt have thought it a tremendous thing if he had been told that he would yet be a peer--that he would be rst Lord Chief Justice, and then Lord High Chancellor of England-and that he would, upon more than one great occasion, preside over the assembled aristocracy of Britain. But, as he got on, step by step, the gradation took off the force of contrast; each successive step appeared natural enough, no doubt; and now, when he is fairly at the top of the tree, if that most amiable and able Judge should ever wish to realize his elevation, I suppose he can do so only by recurring in thought to the links of St. Andrew's, and to the days when he drilled his pupils in Latin and Greek. Student of divinity; Newspaper Reporter; utter Barrister; King's Counsel; Solicitor-General; Member for Edinburgh; Attorney-General; Baron Campbell of St. Andrew's; Chief Justice of England; Lord High Chancellor of Great Britain,-each successive point was natural enough, when won, though the end made a great change from the Manse of Cupar.-" Moral Influence of the Dwelling," in the Recreations of a County Parson, 1866, page 325, 326. Sir R. M. Rolfe afterwards became a Baron of the Exchequer.

17 (D.E. II.)

In the first draft of the Charter a blank was left for the names of the persons who had been chosen [as Trustees] by the Conference; but, on examining the Royal Charter for the Incorporation of King's College, Toronto, Upper Canada, in 1827, I perceived that the names of the first College Council were not inserted, only provision being made for appointing them of a certain description of persons therein named. I, therefore, thought that the insertion of the names of the primary Trustees was unnecessary. But I will furnish their names for insertion in the Charter asked for, should the other and chief objection be removed.

In respect to the objection of the Crown Officers, relative to the control of the Institution by the Wesleyan Conference, I must say that, whatever modification may be introduced into the phraseology of the proposed Charter, it is not in my power, nor in that of the Wesleyan Conference itself. now, to place the Institution under any other control. All the donations and subscriptions in Canada for the establishment of the Institution were given and promised upon the conditions stated in each Subscription Book; one of which conditions is, that the Institution shall be under the control of Trustees appointed from time to time by the Conference.

I am likewise quite sure that His Lordship will concur in the opinion that there would be no sufficient guarantee for the Christian character of the Institution were it placed under the absolute control of private individuals, irrespective of other considerations or safeguards, than the the general provisions of the proposed Charter. I, therefore, humbly submit, that I know not why it should be considered an insuperable or serious objection to the Charter, religiously situated as Upper Canada is, and when the Conference of the Methodist Church in Upper Canada, as a Body, is better known, if possible, than any functionary or other body in that Province, and I think worthy of as much respect and confidence. It will, I am satisfied, appear obvious to His Lordship, that an Institution, the primary object of which, as clearly expressed, is the education of youth, of poor young men of religious character and promising talents, and of native Indian youths connected with the Methodist congregations, ought to be placed substantially under the super ntendence of the pastoral head of the Church, on whose exertions it is dependent for its existence and operations. Even in the case of the Toronto 'King's College" of Upper Canada, designed for a Provincial Institution, the Charter requires that the Lord Bishop of Quebec shall be Visitor, and the Archdeacon of York ex-officio President, and that certain religious qualifications shall be required of all persons who may hold any office in the establishment. But, in the Institution, on behalf of which application is now made for a Charter, no sectarian restriction is imposed in the selection of Teachers, or in the attendance of Students. I beg also that it may be borne in mind that the Institution is not for the education of young men for the Methodist Ministry, but is purely literary in its character and objects; nor are the sons of Methodist Ministers to enjoy the slightest advantage in the Institution over any other youths of the Province.

I now address myself to the different points of the leading objections of the Crown Officers. The first is, that the Wesleyan Conference in Canada, as a Body, is not recognized as having any separate existence. I readily admit that the term "Conference does not occur in any British or Provincial Statute; nor am I aware that the term occurs in any Statute in reference to the Clergy of the Church of England in Canada; yet they and their Convocation Acts are known and recognized. The same is true in respect to the Ministers of the Wesleyan Methodist Church. By a Statute of the Province of Upper Canada, passed in the ninth year of George IV., Chapter I., entitled: "An Act for the Relief of the Religious Societies therein named,' provision is made for the holding of Church and Parsonage property by Trustees of the Methodist Church and their successors, appointed in such manner as may be specified in the Deed," which Deed, in every case, confers a rust of Churches, or Chapels, according to the Rules and Discipline, which now are, or hereafter, may be adopted by the Conference of said Church," for the occupation of "any Wesleyan Methodist Minister, or Preacher, or Ministers or Preachers, he, or they, being a Member, or Members, of the said W: M: Church, and duly authorized as such by the said Conference," etc. In all cases, in the appointment of Trustees, and the filling up of vacancies, the nomination is with the Minister appointed by the Conference; and the legal proof of such appointment of Trustees is an entry of the names of those so appointed, in a Book of Records kept for that purpose, and subscribed by the Ministers and others present at the time of such appointment.

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Another, as it appears to me, more direct and ample proof of this point, is furnished by the Statute of Upper Canada, passed in the second year of William IV., Chapter I, commonly called the “Marriage Act," by the provisions of which "any Clergyman or Minister, professing to be Members of the Church of Scotland, Methodists, etc.," who shall have been regularly ordained, according to the rites and forms of the Church, of which he professes to be a Clergyman, or Minister," is authorized to solemnize the ceremony of marriage, after having produced proof to the Quarter Sessions of the District in which he resides, of his ordination, according to such rites and forms Here, as it appears to me, is a recognition, not merely of the Ritual of the Church of Scotland, but equally so of the Methodist Church in Canada; for the rites of the

Church cannot be judged of except by reference to its Ritual, and the Ritual of the Methodist Church in Canada not only prescribes a form for the ordination of Ministers, but also how they shall be elected to ordination by the Conference; it defines who shall compose the Conference; what are its powers, and what is the official record and due proof of its acts. Now, as in the Statute 31st George III., Chapter 31, (the Constitutional Act,) where reference is made to Clergymen of the Church of England, who shall have been duly crdained according to the Rites and Ceremonies of said Church, there is a recognition, not only of the Clergy of the Church of England in Canada, but also of the Ritual, or Prayer Book, of that Church; so I conceive. in the "Marriage Act" referred to, there is a similar recognition of both the Ministers and the Ritual, or Discipline, of the Methodist Church in Canada.

I beg also to refer to an important circumstance connected with that "Marriage Act," which, I think, will free it from any objection which may be thought to exist against it, on this point, as a mere Act of the Local Legislature. That Act, after it had passed the two branches of the Provincial Legislature, was considered to be one of those Acts which were required by the Constitutional Act, 31st George III., Chapter 31, to be reserved for the consideration of His Majesty, and to be laid on the Tables of the two Houses of the Imperial Parliament. When it was laid on the Table of the House of Commons in 1829, Sir George Murray, who was then Colonial Secretary, said that there were certain objections to it, but, after the lapse of nearly two years, when the Earl Grey Ministry came into power, the Royal Sanction to that Act was communicated to the Lieutenant-Governor of Upper Canada by the Earl of Ripon (Lord Goderich) It is, therefore, the Act of His Majesty, (specially approved by him,) and tacitly of the Imperial Parliament, as well as of the Provincial Legislature. To this may be added the fact that in the Statute 31st George III., Chapter 31, commonly called the "Constitutional Act" of Upper Canada, Ministers of other " forms of religious faith and worship are recognized, and, as such, are excluded from seats in the House of Assembly, as well as Clergymen ordained according to the Rites of the Church of England, and of the Church of Rome.

I hope the foregoing observations may obviate in His Lordship's mind the objection against a Charter for an Institution under the control of the Methodist Conference in Canada, on account of their being an unknown and unrecognized Body. I must, at the same time, crave, on this point, His Lordship's kindest consideration and indulgence, as it is a question of law, and, therefore, quite apart from my professional knowledge and pursuits, as I have access to no person versed in Anglo-Colonial law questions of this kind I, therefore, hope and pray

that a mere legal technicality of this kind may not be considered sufficient to defeat an object so important, and render worse than nugatory all the expense and efforts which have been employed to promote it; for I can assure His Lordship that I should not have been sent, or appeared here, as an applicant on this subject had not Despatches from His Majesty's Ministers held out the strongest assurances of Royal encouragements to proved and acknowledged laudable efforts to promote Education in Upper Canada; and had not this mode of application een suggested by a former noble Secretary of State for the Colonial Department; and had it not been recommended in preference to any other mode of application by His Majesty's Representative, the Lieutenant-Governor of Upper Canada. And, however unofficial the remarks may be, I cannot refrain from observing that the anxiety and feelings of my mind cannot be easily described, or conceived, on account of the unanticipated but unavoidable delays which have attended the consideration of this whole affair, and the reflection that the accumulated pecuniary liabilities must come upon the noble-minded individuals, (who had generously assumed the responsibility of a large debt), before I can communicate to them either encouraging intelligence or relief.

In respect to the objection that the Wesleyan Conference in Canada may possibly cease to exist, I must candidly assure His Lordship I think there is a much stronger possibility of the parties ceasing to exist to whom is consigned, by Royal Charter, the control and the filling up of vacancies in the Council of the contemplated “King's College" in Toronto, Upper Canad.

In order, however, to obviate every difficulty, as far as in my power, I beg to propose the following modifications in the Charter prayed for:

1. That the names of the persons to be incorporated shall be inserted in the Charter.

2. That the following words, (in the second paragraph of the proposed Charter), namely "the Conference, or Ecclesiastical Assembly, of the said W: M: Church, at its annual meeting shall be amended and read thus: "the Ministers of the said W: M: Church, at their annual meetings, according to the rites and ceremonies of said Church." For, surely, there can be no more recognition in referring to annual meetings of Ministers according to the rites and ceremonies of said Church, than in referring to ordination of Ministers, according to the rites and ceremonies of said Church, which has already been done in a joint (Marriage) Act of the Imperial Parliament and of the Provincial Legislature.

3. That, wherever the term "Conference substituted the word "Ministers."

occurs it shall be erased and, for it, shall be

4. That, in the event that the Ministers of the W: M: Church should cease to meet annually, according to the rites and ceremonies of said Church, or fail to make the necessary appointments for keeping up the Corporation, according to the provisions of the Charter, or, should cease to exist the Institution shall henceforth become the property of the Crown, or be placed at the disposal of the Provincial Legislature.

By these modifications, I think the objections of the Crown Officers will be substantially obviated; there will be no further recognition of the W: M: Ministers, as a Body, than has been already made both by His Majesty and the Local Legislature; and the objects of the desired Charter will be fully accomplished, which are not the conferring of literary degrees, but the obvious and necessary purposes of convenience and security in managing property in a corporate capacity, and in perpetual succession, according to the Prospectus, or Constitution, of the Institution, issued at the time, when the first subscriptions were solicited, or given, or promised. 20 GUILDFORD STREET, EGERTON RYERSON. 16th April, 1836.

The reply to this letter was not sent from the Colonial Office, until the 30th of April, and was as follows:

Lord Glenelg has desired the Law Officers of the Crown to admit you to a personal conference on this subject, (of the proposed Charter for incorporating the Upper Canada Academy,) and to consider with you, whether, consistently with law, any means can be devised for accomplishing your object, without compromising any of the principles of the constitution of the Wesleyan Society.

It will afford His Lordship much satisfaction to find that you have succeeded in removing the difficulties which have hitherto prevented the success of your endeavours for giving a legal establishment to the Academy of Upper Canada.

DOWNING STREET,

30th of April, 1836.

GEORGE GREY.

On the 17th of May, Sir R. M. Rolfe, Solicitor-General, wrote to the Reverend Egerton Ryerson in regard to the draft of the Charter, and advised him to "consult some professional gentleman accustomed to frame instruments of the sort," as he said:

It would be impossible for the Attorney-General (Sir John Campbell), or me, to report to Lord Glenelg, that His Majesty may be advised to grant you a Charter, unless we have distinctly before us the exact language in which is to pass the Great Seal.

LINCOLN'S INN,

17th of May, 1836.

R. M. ROLfe.

During an interview with Sir R. M. Rolfe, the Solicitor-General, a technical difficulty arose, as to the use of the English word "Connexion," instead of the Canadian word " Church," as applied to the Methodist Community. The Reverend Egerton Ryerson, after an interview with Sir R. M. Rolfe, on the 1st of June, 1836, wrote the following letter to him as Solicitor-General :

Apprehending that the substitution of the term "Connexion" for that of Church," in the Charter for the Upper Canada Academy, may be attended with inconvenience, I beg to submit the following remarks to your consideration.

Though the term "Connexion" be employed to designate the Wesleyan Community in England, yet this term has never been thus employed, in any public way, to designate the Canadian branch of that Community. You were, doubtless, not aware that the Society of Methodists in Upper Canada never had any connection with the body of Methodists in England until 1833; that from the time of the formation of Methodist Societies in Upper Canada, as early as 1790, and by Missionaries from the United States, they have been known by the name of "the Methodist Church in America ;" that, at the time of the Methodist Body in Canada becoming connected with the British Connexion in England (in 1833), the term "Church" was still retained; but certain ecclesiastical regulations were entered into called: "Articles of Union,"