21st November, 1832.-The Speaker reported that the Master in Chancery had, yesterday, brought down from the Honourable the Legislative Council, a Message which he read as follows: Mr. SPEAKER :

The Honourable John Beverley Robinson, (Speaker of this House), the Honourable and Venerable the Archdeacon of York, and the Honourable Messieurs Joseph Wells and George H. Markland, have leave to attend the Select Committee of the Commons House of Assembly, as desired by that House, in their Message received this day, if they think fit.

LEGISLATIVE COUNCIL CHAMBER,

19th November, 1832.

JOHN B. ROBINSON,

Speaker.

Agreeably to the Order of the Day, the Petition of Mr. A. Chisholm, J. P., and seventynine others of the County of Glengarry, praying that the Clergy Reserves be appropriated to the promotion of Education in Common Schools; that the moneys arising from Clergy Reserves in the County of Glengarry, since 25th January, 1832, be paid into the hands of the ReceiverGeneral, for, and towards the redemption of the public debt, and that the interest henceforth accruing, be remitted annually to the Treasurer of the Eastern District, for the use of the Common Schools in Glengarry was read.

Mr. Mahlon Burwell, from the Select Committee on the subject of Education, informed the House that the Committee had agreed to the First Report, and the draft of a Bill, both of which he was ready to submit whenever the House would be pleased to receive the same. Report was received and was read as follows:

The

FIRST REPORT OF SELECT COMMITTEE OF THE HOUSE OF ASSEMBLY ON EDUCATION, 1832.

To the Honourable the Speaker of the Commons House of Assembly :

The Committee to which was referred the subject of Education and the School Lands, in discharge of their duty, and the view of devising such means as, in their opinion, will tend to promote the general instruction of youth, and children of the Province, upon such a system as may be satisfactory to all classes of their fellow subjects in Upper.Canada.

That, on entering upon the subject of their inquiry, they were forcibly struck with the uniform anxiety which has been manifested at all times by the Legislature and Provincial authorities for the establishment of a University.

It formed part of the prayer of both Houses of the Upper Canada Legislature, in their Address to the King in 1797.

It was strongly recommended by the Executive Government, the Judges and Law Officers of the Crown, in 1798.

In 1806, the Legislature, to show that something more was even then required than the District Grammar Schools, did all their limited means permitted, in providing a small apparatus for the instruction of youth in Physical Science, that they might enter the world with something more than a District Common School Education; such an Institution was again noticed most honourably in 1820, and an earnest desire expressed by the Legislature, which knew best the wants of the Province, for its speedy establishment.*

In 1825, so many young men were found turning their attention to the learned professions, that the Executive Government thought that the establishment of a University could be no longer delayed without the greatest detriment to the Province, and, therefore, applied to His Majesty for a Royal Charter, which was granted in 1827, in terms as liberal, it is said, as the then Government would allow; but such as proved by no means satisfactory to your Honourable House.t

Your Committee feel no disposition to inquire why the necessary modification of the Charter has not been made long ago, or why proper buildings for the University have not been erected, and the business of instruction in Literature and Science commenced, with a full understanding that the required alterations should take place; but they cannot help lamenting the delay, since it has done irreparable injury to the youth of this Province; many have already suffered ; many are at present suffering; and whatever measures are taken to accelerate the establishment of a University, many will be deprived forever of the advantages which the University might have opened up to them.

See page 56, of the First Volume of this Documentary History.

+Ibid, pages 205 and 211.

Feeling the absolute necessity of such an Institution, and that every day's delay inflicts on the youth of this flourishing Colony an injury which allows of no remedy, and that there is little reason to expect that His Majesty's Government will either speedily, or effectually, arrange the modification of the Charter; your Committee recommend your Honourable House to take the matter into immediate consideration, and make such alterations in the said Charter as may be deemed fit and expedient.

In considering the necessary changes, the attention of your Committee was drawn to certain resolutions adopted by your Honourable House in 1829, comprising such alterations in the Charter as appeared requisite for perfecting the Institution, and rendering it, perhaps, the most efficient Seminary on this Continent.

Your Committee feel great satisfaction in stating, that after mature deliberation they have come to the determination to recommend the same changes in the Charter to the adoption of your Honourable House as were made in 1829, with such slight variations as are requisite to secure certain great and permanent advantages to the Province.

Your Committee determined from the first to recommend no alteration but what appeared necessary to render the University efficient; and to show that they were directed by principles only, and not by anything personal; in consequence thereof they do not propose to interfere in any appointment, except that of Visitor; nor would they have made any change in this, had it not appeared inexpedient that an office so important should be filled by one so frequently absent from the Province.

One thing your Committee thought it material to keep in view, namely that of preserving the character of the University as a Royal Institution, and the power and dignity which the Charter confers, as emanating from the King, and which can be conferred in no other way; and they request that this may be kept in mind by your Honourable House, when considering the Bill to be herewith submitted, since any alterations that might place these advantages in jeopardy, would be purchased at a very dear rate.

Having thus stated the grounds on which your Committee have proceeded, it only remains for them to submit a Bill embodying the necessary alterations, taken chiefly from the Resolutions of 1829, and which emanated from a Committee of unquestionable ability; premising at the same time that your Honourable House is aware, that under its present Charter, the University of King's College is open to all denominations of Christians, and that the Professors, excepting such as may be appointed Members of the College Council, may be of any Christain denomination, and that it excludes none from what may be considered the essential benefits of the Institution; but your Committee leave the Charter, in as far as possible in its present form, and have applied themselves to the removal of the objectionable parts, by a distinct enactment, which they beg earnestly to recommend to the adoption of your Honourable House. All of which is respectfully submitted.

Chairman.

MAHLON BURWELL,

21st day of November, 1832.

COMMITTEE ROOM, COMMONS HOUSE OF ASSEMBLY,

REVISED UNIVERSITY CHARTER BILL, ACCOMPANYING THE FIRST REPORT OF THE SELECT COMMITTEE OF THE HOUSE OF ASSEMBLY ON EDUCATION, 1832.†

Whereas His late Majesty, King George the Fourth, was graciously pleased to issue His Letters Patent, bearing date at Westminster, the fifteenth day of March, in the eighth year of His Reign, in the words following:

And whereas certain alterations appear necessary to be made in the same, in order to meet the desire and circumstances of the Colony, and that the said Charter may produce the benefits intended :

Be it therefore enacted, etc.: That for, and notwithstanding anything in the said Charter contained, after the said University shall have been organized, upon any future appointment of the office of Governor, Lieutenant-Governor, or Person Administering the Government of the Province, such Governor, Lieutenant-Governor, or Person Administering the Government, shall not be ex-officio Chancellor of the said University, but such persons shall be Chancellor thereof as the Convocation of the said University shall elect, and that the Judges of His Majesty's Court of King's Bench shall for, and on behalf of the King, be Visitors of the said College, in the place and stead of the Lord Bishop of the Diocese of Quebec, for the time being; and that the President of the said University, on any future vacancy, shall be appointed by His Majesty, * First Volume of this Documentary History, page 274.

+ See addition made to this Bill by the Select Committee on page 97.

His Heirs and Successors, without requiring that he shall be the incumbent of any ecclesiastical office; and that the Members of the College Council, including the Chancellor and President, shall be twelve in number, of whom the Speaker of the two Houses of the Legislature of the Province and His Majesty's Attorney and Solicitor-Generals for the time being, shall be four, and the remainder shall consist of the six senior Professors of Arts and Faculties of the said College; and, in case there shall not at any time be six Professors, as aforesaid, in the said College, and until Professors shall be appointed therein, the Council shall be filled with Members to be appointed, as in the said Charter provided, except that it shall not be necessary that any Member of the College Council to be so appointed, or that any Member of the said College Council, or any Professor, to be at any time appointed, shall be a Member of the Church of England, or subscribe to any articles of Religion; and further, that no religious test or qualification be required, or appointed, for any person admitted, or matriculated, as Scholars within said College, or of persons admitted to any degree or faculty therein.*

The Bill to amend the Charter of King's College, was read a first time, and, on the question for the second reading to-morrow, Mr. William Morris, in amendment, seconded by Mr. William Buell, junior, moves that this Bill be not read a second time to-morrow, but that it be read a second time on Friday next, and that it be referred to a Committee of the Whole House, together with the First Report of the Select Committee on Education, which was ordered.

5th December, 1832.-Agreeably to the Order of the Day, the Fetition of Mr. William Philips, brought up by Mr. John Willson on the 3rd instant, praying that a law may be passed granting him a Patent to secure the Copyright of a System of Arithmetic, of which Petitioner is the Author, and that a place may be by law appointed for the registering of Literary Works, for the benefit of Authors, was read.

7th December, 1832.-Mr. Attorney-General H. J. Boulton brought up the Petition of The York Literary and Philosophical Society, which was laid on the Table.

8th December, 1832-Agreeably to the Order of the Day, the Petition of Mr. Alexander Macdonald and ninety-nine others of Cornwall and Roxborough, in the Eastern District praying that the Clergy Reserves may be disposed of and the avails appropriated to Education, was read.

10th December, 1832.--Agreeably to the Order of the Day, the Petition of the York Literary and Philosophical Society, praying that such a sum of money as to this Honourable House may seem meet, may be granted to be applied in the appointment of persons duly qualified to investigate, thoroughly and scientifically, the Geology, Mineralogy and general Natural History of the Province, as well as to procure and report every kind of information tending to promote science, and an acquaintance with the characteristics of the country, such as the more prominent features of land and waters, and the capabilities of communication between the different parts of the same, was read.

The Honourable Henry J. Boulton, Attorney-General, seconded by Mr. Richard D. Fraser, moves that the Petition of the York Literary and Philosophical Society, be referred to the Committee of Supply, which was ordered.

14th December, 1832.—Mr. Mahlon Burwell, from the Select Committee on the subject of Education, informed the House that the Committee had agreed to a Second Report, and the draft of a Bill, both of which he was ready to present, whenever the House would be pleased to receive the same. The Report and Bill were received. The Report was read as follows:

SECOND REPORT OF THE SELECT COMMITTEE OF THE HOUSE OF ASSEMBLY ON EDUCATION, 1832. To the Honourable the Speaker of the Commons House of Assembly:

In submitting a Second Report, your Committee beg leave to state, that they are deeply impressed with the great responsibility which rests upon them in discharging the important trust committed to their management, and have felt the many difficulties which they have had to encounter in bringing it to such a result as would be at once useful and satisfactory.

Sensible that the subject of Education is fraught with the most weighty and serious consequences to the future welfare of the Province, they have most anxiously and faithfully endeavoured so to direct their labours as to meet the just expectations which your Honourable House manifested on their appointment.

Aware that little or nothing has been done for many years to extend the means of instruction, and to meet the increasing wants of our rapidly growing population; that our present system of District or Grammar Schools, excellent as it was at the time (1807-8), and adequate as it may have been for a Colony containing only fifty thousand inhabitants, is quite unfit, without material improvement, for a population of nearly three hundred thousand.

An addition was made to this Bill by the Select Committee of the House of Assembly, on the 13th of December, 1832. It was appended to their Second Report on Education. See page 97.

That the situation of the Province in wealth and commerce, and in its demand for superior attainments in the various professions, is very different from what it formerly was, and that unless opportunities are immediately furnished by the establishment of superior Schools for the instruction of our youth in the higher branches of Science, we must fall behind the age in which we live.

PRACTICAL AND PATRIOTIC OBJECT OF THIS AND THE FORMER REPORT.

Your Committee, after acquiring the best information within their reach, are not without hope that the plan which they are about to recommend to the adoption of your Honourable House, taken in connection with their First Report, (page 21,) will present a system of Education which will be found to deserve the approbation of every friend of knowledge; to contain within itself the power of expansion, so as to meet the wants of our extending settlements, and to place the Province in a situation as enviable for the means of instruction as it is for the freedom of its institutions, and the fertility of its soil.

It will be seen that your Committee aspire to much more than that of satisfying the wishes of their fellow subjects of the present generation; they aspire to cherish and promote the permanent and substantial interests of the Colony, and the character and respectability of the people by whom it may be inhabited in all time to come.

OBJECT OF OBTAINING THE OPINION OF EXPERIENCED PERSONS.

With a view to the attainment of these most desirable objects, your Committee, in the first place, agreed upon a list of questions to be put to such persons as they might find it necessary to summon before them for examination; which questions, together with the various answers, will be found in the Appendix to this Report, and, in the opinion of your Committee, they will afford to the country a fund of valuable information. (See pages 82-96.)

These, with the many important documents in the Journals of your Honourable House, with such other assistance as your Committee have been able to glean from the practice of other countries, have been carefully considered, with a special view to the wants and wishes of this extensive, happy and prosperous Province, and have induced your Committee to offer the following Report as the result of their deliberations :

HISTORICAL RETROSPECT BY THE COMMITTEE. FURTHER LAND GRANTS SUGGESTED.

It appears to your Committee from the Documents before them, that the original appropriation, in order to raise a fund for promoting Education, consisisted of 549,217 acres of land; that, by a recent order from His Majesty's Government, the University of King's College has been endowed with 225,273 acres, which appears to be in accordance with the prayer of the Legislature in 1797; the residue, consisting of 323,944, or in round numbers 324,000 acres, is at the disposal of the Provincial Parliament. [See pages 102-105.]

In regard to any other deduction, for the support of Upper Canada College, your Committee entertain no doubt that, on a respectful representation to His Majesty's Government, an endowment will be granted to that Seminary, as a separate and Royal Gift, exclusive of the School Lands originally set apart for the University and District Grammar Schools.

It is indeed manifest from the spirit of the letter of His Grace the Duke of Portland, in 1797, that further grants would have been cheerfully made, had they been requested, and deemed necessary.

And surely there is no reason to doubt but that His Majesty's present Government is as willing now, as it was then, to comply with any reasonable prayer of the Legislature of this Province, for further appropriations for the Education of our now great and increasing population. And how can the waste lands of the Crown be more usefully disposed of than in promoting public in-truction, and establishing beneficial institutions ?*

Your Committee, proceeding upon the reasonable assumption that 324,000 acres of land still remain at the disposal of the Legislature for the support of Grammar Schools, in the several Districts throughout the Province, are of opinion that their management, as well as the superintendence of all the District (Grammar) and Common Schools, might be usefully and conveniently placed under such a Board of Commissioners, as is recommended in His Excellency's Speech from the Throne, and in the Report of the Executive Council of the 29th April, 1831, (page 45) with this material addition: That each District Board of Trustees for the several District Grammar Schools be incorporated with the General Board of Education, and communicate therewith by its Chairman, or Secretary.+

*This part of the Report is identical with the Reverend Doctor Strachan's evidence, (sections 3-5,) in reply to Question one, put to him by the Select Committee on Education. (See page 86.)

+ See the same evidence, page 87.

RECOMMENDATION OF A PROVINCIAL BOARD OF EDUCATIONAL COMMISSIONERS.

Your Committee feel the more confidence in recommending the establishment of such a Board of Commissioners, from observing that a General Board of Education, or Regents of the University, has for many years superintended all Grammar Schools and Academies in the State of New York, between Common Schools and Chartered Universities, at present about sixty in number, with the most beneficial results.* Such a Board, established in this Province, with similar powers, would virtually possess all the knowledge and experience of the several District Grammar School Boards, from its communication with their Chairmen, and also from the occasional attendance of their members at its meeting; and thus a deep interest in the proceedings of the Board, and its success, would be diffused through the whole Province.

Under the superintendence of such a General Board of Commissioners, the improvements of District (Grammar) Schools would be equal and uniform; and, when new Districts were formed, their Boards of Grammar School Trustees would, of course, become members and correspondents of the General Board of Commissioners, and receive their share of the available funds.

Such a Board should be restrained in the power and authority with which it may be entrusted, by such rules and regulations as the Legislature may, from time to time, deem meet and expedient.

After ascertaining the quality and value of the lands under its management, by careful inspection and examination, it might be ordered, that no portion should be sold under the average price of Crown and Clergy Reserves, which is, at present, about fifteen shillings ($3) per acre; a price which would be gradually increasing, as the School Lands are, or ought to be, equally good.

That the capital arising from sales be invested in good securities, and the interest, or annual income, only expended.

In this way a Grammar School fund will be gradually accumulated, and, although it may not for some time be considerable, it cannot fail to be ultimately great; and it should be borne in mind that public institutions of this kind are for the benefit of posterity, as well as of the present generation, and can seldom be extensively available when first established.

As it has ever been the intention of the Legislsture to establish a Superior Grammar School in each District, to support which these lands offer the principal source of income, it would be a thousand pities, by too hasty sales, to render this source inefficient, since a little precaution, from the wonderful rapidity with which the Province is advancing in wealth and population, would soon realize an annual revenue equal to every reasonable purpose.

If the Province, without detracting from the present income, would erect in cach District a good substantial School House of stone, or brick, after an approved model, so contrived, as, besides convenient schoolrooms, to admit of a residence for the Head Master, with proper accommodations to enable him to keep Boarders, the plan suggested might become immediately efficient, and the accumulating fund would soon supply a salary for an additional Classical Master and a Teacher of Mathematics; but, if it should be difficult to meet this expense in the present state of the Provincial Revenue, your Committee most respectfully submit that another mode presents itself for effecting the same thing, to which they do not anticipate any serious objection, —and that is, t› make it imperative in the several Districts to erect such Buildings out of their own funds. This expenditure, as the School Houses would be all of the same form, need not exceed a specified sum; and for a purpose so necessary it would meet with general approbation, and would, at the present time, be scarcely felt by any District. It is an expense which they could well afford, and which they ought cheerfully to meet, while it would greatly relieve the Provincial Revenue and School Fund.

It would be the duty of such General Board of Commissioners to come to some conclusion as to what the ultimate condition of such District Grammar School ought to be, that they might keep it always in view, so as to take care, in their sales of land, to insure an increase fully adequate to their proposed objects.

In the meantime, to render the Board of Commissioners useful and efficient, it might be well to entrust it with an annual grant, to a certain amount, in aid of its revenue arising from interest on the money invested from the sale of lands, to be expended in salaries to additional Masters of District Grammar and other Schools, where required.

Were, for example, five thousand pounds (£5,000) per annum at the disposal of the Board of Commissioners, the deficiency between its income and this sum,-be made up from the Provincial Revenue, such deficiency would lessen every year, and, in a short time, totally disappear, and thus relieve the Province from all charge. Your Committee, in making this recommendation, are supported by authorities both in England and the United States of America.

* See the same evidence, No. 2, of the Answer of the Reverend Doctor Strachan to the 2nd Question, page 87.