that in all deeds of Chapels, the Certificates of the Quarter Sessions to Wesleyan Ministers and in the Articles of Faith and Formularies, the title of "The Wesleyan Methodist Church in Canada," has been invariably employed, except that, in some instances, the words "British North America" have been used instead of "Canada." The Wesleyan Ministers, under whose control the Institution is placed by the provisions of the Charter, are registered by the Clerks of the Peace in the several Districts, not as Ministers of the W: M: Connexion," but as Ministers of the "W: M: Church." I humbly submit, therefore, that the term "Church" may be retained in the Charter; or, if not, that a phrase explanatory of the use of the term "Connexion" may be added. May 1, therefore, be permitted to submit that the term "Church" be allowed to remain in the Charter, or, That the preamble of the Charter where the phrase "divers of our loving subjects of the W: M: Church" occurs, be amended thus: "divers of our loving subjects calling themselves the W: M Church," and that the term "Church" be employed throughout the Charter; or, That the same phrase be amended thus: divers of our loving subjects of the W: M: Connexion, calling themselves, and commonly known as "The W: M: Church in Canada," etc., and the word: "Connexion" be afterwards employed throughout the Charter. After taking the requisite advice, I have thought it necessary to submit this point to your further consideration. 20 GUILDFORD STREET, 1st of June, 1836. EGERTON RYERSON. To this note the Solicitor-General replied on the 3rd of June as follows: I have mentioned to Sir George Grey your wish to retain the name of Wesleyan Methodist Church in Upper Canada, and I believe there will be no objection to what you ask; but the matter now rests with the Colonial Office. LINCOLN'S INN, 3rd of June, 1836. R. M. ROLfe. A note was also sent to the Attorney-General, Sir John Campbell, on the same day, by Mr. Ryerson, as follows: I would beg of you as a favour, that, when you shall have examined the draft of Charter for the Upper Canada Academy, you will have the kindness to transmit it to the Colonial Office, as I desire to make some observations on the subject, when the Charter is resubmitted to Lord Glenelg's consideration. 20 GUILFORD SQUARE, EGERTON RYERSON. 1st of June, 1836. To this note the Attorney-General replied on the next day, as follows: The Charter has been returned to Lord Glenelg, and I hope that you will find it quite satisfactory. NEW STREET, June 2nd, 1836. JOHN CAMPBELL. In regard to these two notes, received by the Reverend Egerton Ryerson from the Law Officers of the Crown, he addressed the following letter to Sir George Grey, Under Secretary of State for the Colonies, on the 4th of June, 1836. In it he said: I received, yesterday, a kind note from the Attorney-General, (Sir John Campbell), informing me that the Charter for the Upper Canada Academy had been returned to Lord Glenelg, and he "hoped I would find it quite satisfactory." I likewise received another note from the Solicitor-General (Sir R. M. Rolfe) last evening, kindly stating that he had spoken to you on the use of the term "Church," instead of " Connexion," to which he acceded, for reasons that I had assigned, in a letter which I addressed to him three days since, (See page 260,) but added that the matter was now left with the Colonial Office. Taking it for granted that the Solicitor-General has stated to you my reasons for the necessity of retaining the term " Church," instead of the term " 'Connexion," which he had substituted, I suppose it will not be necessary for me to repeat them; or to add anything more than merely to request Lord Glenelg's attention to it. As to the amount in annual value of property which the Trustees may be allowed to hold, the maximum was originally fixed at five thousand pounds, (£5,000,) the same as the Charter of King's College, Toronto, Upper Canada. The Institution, although we have preferred calling it an Academy, (a term which, in the American and Canadian use of it, is synonymous with Minor College,) accommodates within the Building, with lodging, as well as tuition, one hundred and seventy, (170,) students, as large, and, I rather think, a considerably larger number than can be boarded in the Hall of the Upper Canada College. There is no probability, however, that any legacies, or property, which may come into the hands of the Trustees will ever amount in annual value, to that sum. I therefore submit it His Lordship's judgment, as to whether four or five, (or three thousand pounds, (£3,000,) shall be the maximum of annual property authorized to be held by the Trustees. I beg once more to submit the case and claims of this Institution for pecuniary assistance to the kind and gracious consideration of His Lordship. I am emboldened to do so, not merely from a conviction that His Lordship is most anxious to encourage such an unprecedented and unequalled effort to promote Education in Upper Canada, but also from the removal of those objections which he formerly entertained to making a grant to this Institution, as the House of Assembly of Upper Canada has not acceded to, or even considered, the proposals of His Majesty's Government in respect to the Casual and Territorial Revenue; as that revenue is still at the disposal of the Crown, and a large amount of it is unappropriated; as there is no object more useful or popular, to which a portion of it could be applied than that which I have submitted; and, as there is now not the least probability that, in the present state of parties in Upper Canada, anything can be obtained from the Local Legislature for some time to come. Perhaps, it would not be good policy for us even to apply to the Local Legislature, until after the settlement of several constitutional and party questions. I pray that it may also be considered at the present time, that these ninety-five itinerant Wesleyan Ministers in Upper Canada, each of whom travels on an average from one hundred to two hundred and fifty miles, and preaches from twenty-five to thirty sermons per month, besides attending to other pastoral duties; that there are about one hundred and fifty local preachers, who generally preach on the Sabbath; and there are about, or upwards of, nine hundred Wesleyan Congregations in that Province; and that all the aid asked for is for the promotion of Education, upon principles properly British, as well as Christian, and for the expenditure of every farthing of which, a detailed account will be rendered to the Government. I deem it necessary also to submit to His Lordship a brief statement of the state and prospects of the Institution at the present moment. I have heretofore stated the pecuniary enbarrassment of the Trustees. In their extremity a gentleman, (who had not even subscribed to the Institution, nor had been connected with the Wesleyan Church in that Province, but had recent y become impressed with the value of such an educational establishment,) generously authorized the Chairman of the Trustees to draw upon him for one thousand pounds, (£1,000,) until they could hear from the Agent of the Conference in England. For the payment of the other thousand pounds, and upwards, for which the Trustees were holden, they again discounted notes at the Provincial Banks, by which they obtained three months' further accommodation. I have obtained little more than two hundred pounds, (£200,) in this country, and such are the numerous and well-founded home claims upon Individual liberality, that I despair of succeeding to any great extent, under any circumstances in this most repulsive business of begging. I have despaired, indeed, of succeeding to any extent worth speaking of, without some recommendatory sanction from His Lordship, as the Guardian and Representative of Canadian interests in the country. I learn from Canada that the Trustees, determined to risk all, before so noble an enterprise, which has co t so much anxiety, labour, and expenditure should be defeated, or delayed, had determined, according to previous announcement, to have the Institution opened on the 1st of June, (this month). I have already been absent from Canada two months longer than I anticipated, when I left that Province. If I can only be enabled to relieve the Trustees from the existing demands against them, I will trust to appeals to Canadian liberality to foster the early operations of the establishment, until legislative aid can be obtained; and I am desirous to return thither without delay to resume my ecclesiastical duties; intending, as I do, on my arrival, to publish an Appeal to my fellow-Christians and fellow-Subjects in that Province, which I hope, will prove serviceable to the cause of religious Education, and the influence and constituted authority of the British Government. 20 GUILFORD STREET, EGERTON RYERSON. 4th of June, 1836. On the 3rd of June, Sir George Grey, Under Secretary of State for the Colonies, sent a copy of the Charter of the Upper Canada Academy, as prepared by the Law Officers of the Crown, to the Reverend Egerton Ryerson, with the following letter. He said: I am directed by Lord Glenelg to transmit to you herewith, for your consideration, the draft of a Charter which has been prepared by the Law Officers of the Crown, for incorporating the Academy recently established by the Wesleyan Conference at Cobourg in Upper Canada. I am to request that you will acquaint me, for the information of Lord Glenelg, whether the parties, by whom you have been deputed to proceed to this country, would be willing and desirous to accept a Charter in this form. DOWNING STREET, GEORGE GREY. 3rd of June, 1836. ORIGINAL DRAFT OF THE CHARTER OF THE UPPER CANADA ACADEMY, PREPARED BY THE LAW OFFICERS OF THE CROWN IN ENGLAND, 1836. The following is a copy of the original draft of the Charter of the Upper Canada Academy, as prepared and modified by Sir John Campbell, AttorneyGeneral, and Sir R. M. Rolfe, Solicitor-General, the Law Officers of the Crown in England, and sent to the Reverend Egerton Ryerson by Sir George Grey, Under Secretary of State for the Colonies, on the 3rd of June, 1836. The marginal notes, and the alteration in the original Charter, are in the handwriting of Sir R. M. Rolfe, the Solicitor-General, and are marked by a in the margin, except those made, after consultation with Sir R. M. Rolfe, by the Reverend Egerton Ryerson, and marked thus † in the margin. This original draft copy of the Charter is endorsed by the Reverend Egerton Ryerson as follows: 66 'Draft Charter of Upper Canada Academy, with Sir R. M. Rolfe's marginal notes, 1836." WHEREAS the Ministers of the Wesleyan Methodist Church in Recites Canada have, by the aid of private and voluntary contributions, That Ministers, etc., have erected the Buildings for an Academy of Learning, for the education in the Newcastle District for an erected Buildings near Cobourg of Youth on Christian principles, situate in the vicinity of the Town Academy of Learning. of Cobourg, in the Newcastle District, within our Province of Upper Canada, in North America ; AND WHEREAS, the said Ministers of the Wesleyan Methodist Have made application for Church have made humble application to us, that we would be Royal Charter. pleased to grant our Royal Charter for the more perfect establishment of the said Academy for the purposes aforesaid: AND WHEREAS, the object of * said application has been recommended by Our trusty and well beloved Sir John Colborne, Our Lieutenant-Governor of Our said Province, as greatly conducive to the welfare of Our said Province; 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, of 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 established at, or near, Our Town of Cobourg, in the Newcastle District, and ir Our said Province, from this time, an Academy, with the style ad privileges hereinafter stated, for 1 * Insert the word "the." The object recommended by Sir John Colborne, LieutenantGovernor. Op: Pt of Grant. Style. Nine Trustees to be appointed, and by whom. the instruction of Youth and Students in the various branches of Science and Literature, to continue forever to be called: "THE UPPER CANADA WESLEYAN ACADEMY." And We do hereby declare and grant, that the Conference or Ecclesiastical Assembly of the said Wesleyan Methodist Church, All in italics to be struck out. at its annual meetings, shall appoint nine Trustees for the said Names of the first Corporation. Academy, three of the first three on the list, shall go out of office The Reverend William Case annually, and the vacancies shall be filled up by the said Conference. of Toronto, Home District in And we do hereby, for Us, Our Heirs and Successors, will, ordain Upper Canada, etc., etc. Words in italics to be struck and grant, that the said nine Trustees, appointed as aforesaid, and their successors forever, shall be one distinct and separate body politic and corporate, in deed and in name, by the name and style *Insert "to be appointed as of "The Trustees of Upper Canada * Academy, at Cobourg, and out. hereinafter mentioned." *Insert "Wesleyan." Words in italics struck out. 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 Trustees, and their successors, from time to time. and at all times hereafter, shall be able and capable to have, take, receive, purchase, acquire, hold, possess, enjoy and maintain, to and for the use of the said Academy, any messuages, lands, tenements, and hereditaments of what kinů, nature, or quality, soever, situate and being within Our said Province of Upper Canada, or of Lower Canada, so as the same do not *Strike out "five," and insert exceed in yearly value the sum of five thousand pounds, (£5,000,) "two." May hold property, etc. May sue and be sued. 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, or benefactions, whatso ever. And We do hereby declare and grant, that the said Trustees 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 and 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 Upper Canada, and other Our Dominions, in all and singular actions, causes, pleas, suits, matters and demands, of what nature, or kind, soever. in as large, ample and beneficial a manner and form, as any other body politic, or corporate, or any other our legal subjects, being persons able and capable in law, may, or can, sue, implead, or answer, or be sued, impleaded, or *Insert, "And We do hereby answered, in any manner whatsoever. *And whereas it is further will and declare that necessary to make provision for the government and management of the affairs of the said Academy, We do hereby declare, ordain, and Strike out the words in italics. grant, that the said Conference of the said Wesleyan Methodist the said Trustees" Church, at each of its annual meetings, shall have authority to appoint five visitors, (whose term of office shall cease at the annual meeting of the said Conference next ensuing to that at which they were appointed,) who, together with the President of the said Conference, (who shall be, ex-offico, Visitor,) shall be associated with the said Trustees, as a joint Board of Management; which joint Board of said Trustees and *Insert, "In the manner here- Visitors shall have power and authority to frame and make, * inafter mentioned.+ Visitors and By-laws. statutes, rules and ordinances, touching and concerning the good government of the said Academy, the performance of Divine Service therein, the studies, lectures and exercises, and all matters regarding the same; the appointment and removal, residence and duties of the Principal of the said Academy, the number, residence and duties of Teachers thereof, the management of the revenues and property of said Academy, the salaries stipends, provision and emoluments of, and for, the Principal, Teachers, 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 may seem good and useful, for the well being and advancement of said Academy, and agreeable to this our Charter, and, also, from time to time, by any new statutes, rules and ordinances, as to them shall seen meet and expedient. + Change made in the Reverend Egerton Ryerson's handwriting. 265 PROVIDED ALWAYS, that the said statutes, rules and ordinances, or any of them, shall not be repugnant to the Laws and Statutes of Great Britain and Ireland, or of Our said Province of Upper Canada, or to this our Charter. PROVIDED ALSO, that no Principal of said Academy shall be Appointment and removal of appointed to or finally removed from office, without the approbation Principal. of the majority of the votes of the said Conference of the Wesleyan *Strike out all words in italics. Methodist Church, at the annual meeting. PROVIDED ALSO, that no religious test, or qualification, shall No Religious Test to be required. be required of, or appointed for, any persons on their admission as Students, or Scholars, within the said Academy. And We do further ordain and grant, that a meeting of the said Yearly meeting to be held, when Trustees and Visitors shall be held in each and every year, within and where. Strike out "annual," and insert one calendar month after the annual meeting of the said Conference Words in italic to be struck out. of the said Wesleyan Methodist Church, at which meeting, a Sec- "said."+ retary and Treasurer of the said Board shall be appointed by the Strike out "of the said Confervotes of the majority of the members present, such Treasurer or ence Secretary being Trustees, or Visitors, of said Academy. and insert or Conference."+ *Insert : "said Ministers of the."+ "Members " and And We do further ordain and declare That no meeting of said Board shall be, or be liable to be a lawful meeting thereof, Strike out "Board" and insert unless five members, at least, be present during the whole of every "Trustees."+ such meeting, and that all questions and resolutions proposed for Strike out the decision of the said Members of the Board shall be determined insert “Trustees."t by the majority of the votes of the Trustees present, including the Strike out the words in italics. "Trustees."+ vote of the presiding Member, and, that, in the event of an equal Strike out "Board" and insert "held."+ division of such votes, the member presiding at any such meeting Strike out "liable" and insert shall give an additional, or casting, vote. "Members of the And We do further declare that if any member, or members, Five members a quorum. Board," and insert "Trustees."+ of said Board shall die, or resign his or their seat in said Board, Strike out then, and in every such case, a fit and proper person, or persons, Votes. Casting vote. shall be appointed by the remaining Members of the Board at their next meeting. if they shall judge it expedient; and such new mem- Vacancies by death or resignaber, or members, so appointed in the place or stead of the member tion, how filled up. or members so dying, or resigning, shall continue in office until the Strike out "said," and insert annual meeting of the said Conference of the Wesleyan Methodist the. "t Church. *Insert "of Trustees."+ Strike out "Members of the And We do hereby declare and ordain, That the said Board Board," and insert "Trustees."+ shall, from time to time, and at all times, appoint the time and Strike out italics, and insert place of its own meeting; but that an extra meeting of the said "month of June next ensuing."+ "Trustees."+ Board may be called at any time, whenever three, or more, members Strike out "Board," and insert of the said Board shall judge it expedient, by giving due and suffi- Trustees to appoint the time and A true and faithful record of the proceed- place of their own meetings. cient notice thereof. ings of each and every meeting of the said Board shall be entered by Strike out the Secretary of the Board in a book kept for that purpose, and sign "their."+ ed by the presiding Member and Secretary. Extra meetings. its," and insert Strike out "Board," and insert "Trustees."+ 66 Board," and insert And whereas, it is necessary to make provision for the due proof of the appointment of persons as Trustees and Visitors of said Strike out words in italics. Academy: Now We do further ordain and declare, that the Secretary Record to be kept. of the said Conference of the Wesleyan Methodist Church, at, or Strike out immediately after, each annual meeting of such Conference, shall "Trustees." certify the same under his own hand to the Secretary of the said Strike out "of the Board.”+ Board; which certificate shall be copied into the book kept by the said and shall be, and be held, to be sufficient proof of the appointment of any person, or persons, as Trustees, or Visitors, of said Academy. And WE do hereby, for Us, Our Heirs and Successors, charge and command that the statutes and ordinances aforesaid, subject to the same provisions, shall be strictly and inviolably observed, 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 will and, 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, valid, sufficient and effectual, in the law, according to the true + Changes made in the handwriting of the Reverend Egerton Ryerson. Strike out all the words in italics. |