intent and meaning of the same; and shall be taken and construed and adjudged in the most favourable and beneficial sense, for the best advantage of the said Trustees of the said Academy, as well as in 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 contary thereof, in anywise notwithstanding.

In testimony whereof, We have caused these Our Letters to be made Patent.

NOTE ON THE CHARTER PY SIR R. M. ROLFE, SOLICITOR-GENeral.

This Charter will require considerable amendment. The individuals proposed to be the first nine members must be incorporated by name. Provision must be made for the periodical going out of office of three in every year; their places to be supplied by three others, to be chosen by the Wesleyan Methodist Ministers of Upper Canada. The time and place of such election should be fixed, and it might be declared that, for the purpose of the Charter, those persons and those only who have obtained Certificates under the local "Marriage Act" are to be

deemed electors.

Provision should be also made, authorizing the re-election of Trustees going out of office. Everything giving power to the Wesleyan Conference, referring to it, must be struck out. LINCOLN'S INN, June, 1886.

R. M. ROLFE.

The receipt of this draft Charter of the Upper Canada Academy was acknowledged by the Reverend Egerton Ryerson, on the 8th of June, 1836, and its terms were accepted by him in the following letter to Lord Glenelg :

I have great pleasure in saying that a Charter in this form will be perfectly acceptable, and is earnestly desired by the parties for whom I have the honour to act, with the exception of one word. I beg that the word "Church may be inserted instead of the word Connexion."

I believe that Crown officers have no objection to this alteration. My reason for it is, that the Wesleyan Ministers, under whose superintendence the Academy is placed, have been licensed under the Provincial Statute ("Marriage Act") referred to in the Charter, not as Ministers of the "W: M: Connexion," but as Ministers of the "W: M: Church."

20 GUILFORD SQUARE,

8th of June, 1836.

EGERTON RYERSON.

On the 16th of June, 1836, Sir George Grey, Under Secretary of State for the Colonies, replied to this letter, and, on behalf of Lord Glenelg, assented to the request made in it, as follows:

Lord Glenelg has no hesitation in complying with your desire to substitute the term “W: M: Church" for that of "W: M: Connexion," as the appropriate designation of the Body under whose control the Academy is to be placed.

In regard to the amount of property which the Trustees should be empowered to hold, His Lordship considers that its annual value should be limited to two thousand pounds (£2,000). If you are authorized to concur in this limitation, His Lordship will be prepared to recommend to His Majesty to grant to the Trustees of the Upper Canada Academy a Charter of Incorporation in the form provided by the Law Officers, with the modifications now suggested.

Lord Glenelg has not failed to devote his attentive consideration to the arguments adduced by you in support of this establishment to pecuniary aid from the Revenue of the Province at the disposal of the Crown. His Lordship is confident that you will not attribute to him an indifference to the interests of Religion, or suppose him to be unmindful of the meritorious exertions, in this behalf, of the Wesleyan Body, when he states that it is not in his power, at the present moment, to depart from the decision which he has lately communicated to you on this. matter. Although the present Session of the Upper Canada Legislature has closed, without any arrangement in regard to the Casual and Territorial Revenue, His Lordship does not consider that the question is thus finally settled.

Until the House of Assembly shall have had an opportunity of deliberately considering the proposals, on this subject, of His Majesty's Government, Lord Glenelg would not feel justified in applying any portion of the Casual and Territorial Revenue of the Province towards an object which, however important and commendable, that Revenue has not hitherto been pledged to assist.

His Lordship desires me to express the regret with which he has felt himself compelled to refuse assistance towards an Establishment in whose success he cannot but feel a lively interest. He trusts that the application for assistance, which you are authorized to make to charitable bodies, and to individuals in this country, will not be without effect; and he feels assured that, when the public mind in Upper Canada shall have recovered from that agitation which now unhappily disturbs it, the exertions of the Wesleyan Body, and the claims of the Upper Canada Academy, will be cheerfully acknowledged by the House of Assembly, to whose favorable notice he will direct the Lieutenant-Governor to recommend them.

DOWNING STREET, 16th of June, 1836.

GEORGE GREY.

It will be seen, by reference to page 240 of this Volume, that the promise made in the foregoing letter was kept by the Colonial Minister. On the 26th of the following month of July, Lord Glenelg, in his Despatch, desired the Lieutenant-Governor, Sir Francis Bond Head, to bring the matter under the favourable notice of the House of Assembly.

On the following day, after the date of Sir George Grey's letter, the Reverend Egerton Ryerson replied to it as follows:

In respect to the limitation of annual property to be held by the Trustees, I beg leave to say that I am authorized to concur in any limitation which does not infringe upon the original Constitution of the Academy and which will not, in my judgment, be detrimental to its interests; and, therefore, I am prepared to concur in the limitation proposed; and I will be most grateful to His Lordship to recommend His Majesty to grant to the Trustees of the Upper Canada Academy, a Charter of Incorporation in the form prepared by the Law Officers of the Crown, with the modifications mentioned by His Lordship.

I lament that His Lordship is unable to afford any present pecuniary assistance to the Trustees of the Upper Canada Academy, out of the Casual and Territorial Revenue of Upper Canada. I feel quite satisfied that His Lordship would have done so, had it been in his power.

If I can possibly, by application, obtain from individuals what will serve to relieve the Trustees from their present painful embarrassment, I have no doubt but a future House of Assembly of Upper Canada will be disposed to aid in promoting the operations of the Academy, especially when recommended to its favorable consideration by His Majesty's Government. . 20 GUILFORD STREET, 17th of June, 1836. EGERTON RYERSON.

In addition to Sir George Grey's letter of the 16th June, to which the foregoing letter is a reply, Sir James Stephen wrote as follows on the 12th July, 1836:

With reference to Sir George Grey's letter of the 16th ultimo, I am directed by Lord Glenelg to inform you that the draft of an additional Instruction to the Governor of Canada, directing him to pass under the Public Seal of the Province of Upper Canada, a Charter for the incorporation of the Upper Canada Academy, having on the 6th instant been submitted to His Majesty in Council, His Majesty was graciously pleased to approve of that draft, and to command that the necessary instrument for giving effect to it should be forthwith prepared and submitted for His signature.

In communicating to you this intelligence, Lord Glenelg desires me to express the gratification which he felt in bringing under His Majesty's notice the claims of an Institution so commendable as the Upper Canada Academy. He would, indeed, have desired to afford to it some pecuniary assistance from the Crown Revenues of the Province, but circumstances connected with the present political aspect of the Canadas have rendered such a measure impossible. His Lordship trusts, however, that your applications, to charitable societies, and to individuals in this Country, may not be without success; and he will have much pleasure in directing the Lieutenant-Governor of Upper Canada hereafter to bring the claims of the Upper Canada Academy under the notice of the Provincial Legislature. (See page 240 of this Volume.) DOWNING STREET, 12th of July, 1836. JAMES STEPHEN.

On the following day this letter was acknowledged in the following terms: I am quite unable to express the obligations I am under to His Lordship, and the gratitude I feel for the anxious and favourable consideration which he has bestowed upon this subject, and the attention and kindness which I have received throughout a protracted correspondence.

The Ministers of the W: M: Church in Canada, who, not soliciting any individual emoluments for themselves, have prayed for the countenance and aid of His Majesty's Government, to enable them to promote the best educational and moral interests of Upper Canada, will, I am sure, as well as their congregations, and the Canadian public, duly appreciate the liberal and parental feeling with which their application for a Charter has been entertained.

20 GUILFORD STREET,

13th of July, 1836.

EGERTON RYERSON.

It is not to be supposed that the tedium of waiting for replies to letters addressed by the Reverend Egerton Ryerson to the Colonial Office prevented him from engaging in other matters. Apart from the duty of collecting funds for the Academy at Cobourg, the events transpiring in Upper Canada engaged his earnest attention. In his letters to Canada at the time, he mentioned the efforts which he made to counteract the impression made in England that Canada was not truly British in heart and feeling,-notwithstanding efforts made to promote a contrary opinion. He gave an amusing account of his having inspired Lord Sandon, and through him, Mr. Gladstone, with what enabled the latter to reply effectively to Mr. Joseph Hume, in the House of Commons, in regard to Canadian affairs. He also wrote a series of letters on the same subject in the London Times, signed “A Canadian," which created great interest in Canada, and which were reprinted in England and widely circulated among politicians there.

Nor was he silent in regard to current events in Canada, in his intercourse with the higher Government officials, with whom he had to deal in the matter of the Charter for the Upper Canada Academy. In a letter to Canada, dated the 21st of July, 1836, he said:

I

I was applied to, and did, in my individual capacity, communicate to the Colonial Secretary frequently, and, in one or two instances, at great length, on the posture of Canadian affairs; and the parties and principal questions which have divided and agitated the Canadian public. repeatedly received the thanks of the Secretary of State for the Colonies, for the pains which I had taken in these matters; but what influence my communications may have had, or may have, on the policy of His Majesty's Government towards the Canadas is not for me to say, as I desired Lord Glenelg not to assume, prima facie, as correct, any of my representations, but to examine my authorities-to weigh my arguments-to hear what could be said by others-as I had no friends to recommend to office, and no personal interests to promote, only the religious and general peace and prosperity of the Canadas, and the maintenance of a firm and mutually beneficial connection between these Colonies and the parent State.

I think I have good reason to believe that much more correct and decided views are entertained by His Majesty's Ministers, and by many public men in England, in respect to the interests and Government of the Canadas, than were possessed by them six months ago; and that all of those inhabitants of the Colonies, who patriotically maintain their Christian and constitutional allegiance, will ensure the respect, equal and firm protection, and parental regard of their Sovereign and His Government, by whatever party it may be administered. (Story of My Life, page 169.)

THE CHARTER OF THE UPPER CANADA ACADEMY, AS REVISED AND GRANTED. William the Fourth. by the Grace of God, of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith-To all t› whom these presents shall come, Greeting:

WHEREAS, divers of Our loving subjects of the Wesleyan Methodist Church in Cur Province of Upper Canada have represented to Us, that, with the aid of private and voluntary contribu tions, they have erected certain buildings, in the vicinity of the Town of Cobourg, in the Newcastle district of Our said Province of Upper Canada, adapted for the purpose of an Academy of Learning, with the intention of founding there an Academy for the General Education of Youth

in the various branches of Literature and Science, on Christian principles, and that they have been advised that the said undertaking would be more successfully and effectually prosecuted, if it were protected by Our Royal sanction by means of a Royal Charter of Incorporation ;

They have most humbly supplicated us to grant Our Royal Charter of Incorporation, for the purposes aforesaid, under such regulations and restrictions as to us might seem right and expedient;

NOW KNOW YE, that We, being desirous to maintain sound and useful learning, in connection with Christian principles, and highly approving of the design of promoting the same in Our said Province of Upper Canada, by means of the founding an Academy of Learning in Our said Province-have, by virtue of Royal prerogative, and Our own especial grace, certain knowledge, and mere motion, granted, constituted, and declared, and, by these Presents, for Us, Our Heirs, and Successors, do grant, constitute and declare, that the Academy intended to be founded shall be called THE UPPER CANADA ACADEMY."

And that for the purpose of establishing and maintaining the same, there shall be nine Trustees. three of whom shall go out of office annually in rotation, and whose places shall be supplied in the manner hereinafter mentioned; and that Our Trusty and Well-beloved Subjects, the Reverend William Case, the Reverend John Beatty, Wesleyan Ministers of Toronto, Home District of Our said Province; Ebezener Perry, Merchant; George Benjamin Spencer, Gentleman; John McCarty, Merchant of Cobourg aforesaid; James Roger Armstrong of the City of Toronto, Home District, Merchant; John Counter of Kingston. Midland District, in Our said Province, Baker; Billa Flint, junior, of Belleville, in the Midland District of Our said Province, Merchant; and the Reverend William Ryerson, of Hamilton, in the Gore District of Our said Province, shall be, and are hereby appointed and declared to be, the first nine Trustees of the said Academy, and shall be, and are hereby, constituted one body politic and corporate by the name of "THE TRUSTEES OF THE UPPER CANADA ACADEMY," and shall, by the said name, and for the purposes aforesaid, have perpetual succession, to be kept up in manner hereafter directed, and shall have a common seal, with power to break, alter and renew the same at their discretion, and shall, by the same name, sue and be sued, implead and be impleaded, answer and be answered unto, in any and every Court of Us, Our Heirs, and Successors in any and every part of Our Dominion.

And We do hereby will and ordain, that, by the same name, they, and their successors, shall be able and capable in law, to take, purchase, and hold, to them and their successors, any goods, chattels, and personal property whatsoever, and shall also be able and capable, in law, to take, purchase, and hold to them, and their successors, not only all such lands, buildings, hereditaments, and possessions, as may be, from time to time, exclusively used and occupied for the immediate purposes of the said Academy, but also any other lands, buildings, hereditaments and possessions whatsoever, situated within Our Dominions of North America, not exceeding the annual value of two thousand pounds, (£2,000,) sterling money,—such annual value to be calculated and ascertained at the time of taking, purchasing and acquiring the same; and that they an their successors shall be able and capable in law to grant, demise, alien, or otherwise dispose of, all, or any of the property, real or personal, belonging to the said Academy; also, to do all other matters and things incidental or appertaining to a body corporate; and they and their successors shall have the custody of the common seal of the said Academy, with power to use the same for the affairs and concerns thereof.

And the said Trustees shall have power to accept, on behalf of the said Academy, gifts and endowments for promoting particular objects for Education, Science and Literature, or otherwise, in aid of the general purposes of the said Academy, on such terms and conditions as may be agreed on, for the purpose, between the Trustees and the persons bestowing any such gift, or endowment.

And We do hereby will and ordain, that the various branches of Literature and Science shall be taught on Christian principles in the said Academy, under the superintendance of a Principal," or other Head, Professors and Tutors, or such other Masters or Instructors, as shall, from time to time, be appointed in manner hereinafter mentioned.

And We do hereby will and ordain, that there shall be five Visitors of the said Academy, with authority to do all those things which pertain to Visitors, as often as to them shall seem meet, and who shall go out of office annually. And We will and ordain that Our Trusty and Well Beloved Subjects, Charles Biggar, Esquire, Justice of the Peace, Murray, Newcastle District; Joseph A. Keeler, Esquire, Justice of the Peace, Colborne, Newcastle District; the Reverend John Ryerson, Wesleyan Minister, Hallowell, District of Prince Edward; the Reverend Joseph Stinson, Wesleyan Minister, Kingston, Midland District; Alexander Davidson, Esquire, Port Hope, Newcastle District,-shall be the first Visitors of the said Academy, and their successors shall be elected as hereinafter mentioned.

We further will and ordain that there shall be a Treasurer and a Secretary of the said Academy, who shall and may be chosen and displaced by the Trustees, as they shall think fit, at a meeting of the Trustees, at which not less than five Trustees shall be present.

That a meeting of the Trustees only shall be called a "Trustee Meeting," of which five shall be a quorum; and a meeting of the Visitors alone shall be called a "Visitor's Meeting," of which three shall be a quorum.

That the Trustees and Visitors together, shall be called the "Board" of the said Academy; and a meeting of the Trustees and Visitors shall be called a Board Meeting," of which eight shall be a quorum; and in all such meetings a Chairman shall be appointed by the members then present from amongst themselves, and all questions, which it shall be competent for any such meeting to decide, shall be decided by the majority of the members, being a quorum of such meeting then present; and the Chairman of every such meeting shall have a vote, and, in case of an equality of votes, shall have a second, or casting vote.

That the Board for the time being shall have full power, from time to time, to appoint, and, as they shall see occasion, to remove, the "Principal" or other" Head," (of the Academy) the Professors, Tutors, and Masters, and all Officers, Agents, and Servants of the said Academy. And the said Board shall have full power, from ime to time, to make, or to alter, or vary, any by la vs and regulations, touching and concerning the time and place of holding ordinary Trustee Meetings, Visitor's Meetings, and Board Meetings, and for the good ordering and government of the said Academy, the performance of Divine Service therein; the studies, lectures, and exercises of the Students, and all matters respecting the same; the residence, duties, salary, provision, and emoluments of the Principal, or other Head, of the said Academy ; the number, residence, duties, salaries, provision, and emoluments of the Professors, Tutors, Masters, Officers. Agents, and Servants of the said Academy, respectively, and all other matters and things which, to them may seem good, fit, and useful, for the well-ordering, governing, and advancement of the said Academy.

And all such by-laws, when reduced into writing, and after the Common Seal of the Academy hath been affixed thereto, shall be binding upon all persons and members thereof,— Provided, That no such by-law shall be repugnant to the Laws and Statutes of Great Britain and Ireland. or of Our said Province of Upper Canada, or this Our Charter. Provided also, That no religious test or qualification shall be required of, or appointed for, any person on his admission as a Student, or Scholar, into the said Academy.

That any three Trustees shall, by notice in writing to the other Trustees, be competent to call an extraordinary Trustee Meeting, and any two of the Visitors shall be competent, in like manner, to call an extraordinary Visitor's Meeting. And any five members of the Board shall be competent, in like manner, to call an extraordinary Board Meeting, at any time and place they may see fit, on any occasion, which, in their judgment, may render it expedient for them to do so.

That the Trustees, Visitors, and Board shall respectively cause Records and Minutes of all the proceedings, Acts and Resolutions of all and every of their meetings, ordinary and extraordinary, to be entered and kept in Books provided for that purpose, and which Records and Minutes shall, before the breaking up, or adjournment, of any such meeting, be read aloud by the Chairman, in the presence of such meeting, and shall be signed by him, and, being so signed, shall, until the contrary be shown, be deemed and taken to be the Records and Minutes of such meeting, and that the said meeting was duly convened and held. And the said Trustees shall keep a Book, or Books, of Accounts of the financial affairs of the said Academy. All of which Books of Record, Minutes and Accounts shall be produced to, and audited yearly at the Annual Meeting, as hereafter mentioned.

That, for making provision for filling up vacancies in the places of Trustees dying, resigning, or going out of office, in the manner hereinafter mentioned, and for appointing Visitors to the said Academy, there shall be holden in each year an Annual Meeting of the Ministers of the said Wesleyan Methodist Church in Upper Canada. And the first Annual Meeting of the said Ministers shall be holden at the City of Toronto, or the Town of Cobourg, in Our said Province, on the second Wednesday in the month of June, 1837; and every subsequent Annual Meeting shall be holden at a place, and on some day in the month of June, to be fixed and appointed at the said first and every subsequent Annual Meeting; and, if no day shall be fixed and appointed, as aforesaid, and if the said Annual Meeting shall not be holden on the second Wednesday in the month of June;-and, if no place shall be fixed and appointed, as aforesaid, it shall be holden in the City of Toronto aforesaid. Provided always, that every person who shall, at the time of any such Annual Meeting, be duly authorized to celebrate the ceremony of matrimony in Our said Province, by virtue of an Act of the Provincial Parliament of Our said Province, made and passed in the first year of Our reign, and assented to by Us, entitled "An Act to Make Valid certain Marriages contracted heretofore, and to provide for the future Solemnization of Matrimony in this Province," and who shall duly have obtained a certificate for that purpose as