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The Reverend Doctor Harris' Answer to Question 3-Number 2.

Number of scholars in the respective Forms of the Upper Canada College at the close of the several quarters, as noted in the margin.

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SUGGESTED RE-ESTABLISHMENT OF THE HOME DISTRICT ROYAL GRAMMAR SCHOOL.*

6. Note from the Reverend Thomas Phillips, D.D., Vice-Principal of Upper Canada College, to the Chairman of the Select Committee on Education of the House of Assembly.

The Vice-Principal of Upper Canada College begs leave to suggest to the Select Committee on Education, the absolute necessity of the re-establishment of the District (Grammar) School in the Home District, unless the present plan of the College can be so arranged as to admit pupils to attend to that branch of Education which their friends more particularly wish them to

pursue.

If the District (Grammar) School is put in operation, the Vice-Principal does not see the necessity of a Preparatory School in the College.

The Vice-Principal has nothing to suggest in addition to the remarks made by the Principal, on the day that he and the Vice-Principal had the honour to attend the Select Committee of the House of Assembly.

The Vice-Principal further observes, that it would be very desirable that there should be one uniform system of Instruction in the respective District (Grammar) Schools, and that the books used should be the same as those used in Upper Canada College.

THOMAS PHILLIPS,

Vice-Principal.

UPPER CANADA COLLEGE,

December 3rd, 1832.

*The Home District School was not put into operation, as here suggested, until 1836.

AMENDMENTS TO THE CHARTER OF KING'S COLLEGE, PROPOSED IN 1832.

The following are the clauses proposed by the Select Committee of the House of Assembly, to be added to the Bill for amending the Charter of the University of King's College, which accompanied the first Report of that Committee on Education (page 77). That Bill provides that, in future, the Lieutenant-Governor, for the time being, should not be Chancellor of the University, but that such an Officer should be elected by Convocation. It also provided that the Judges of the Court of King's Bench should be Visitors of the University, instead of the LieutenantGovernor, and that the President should not be an Ecclesiastic. The Speakers of both Houses, the Attorney and Solicitor-General, six Professors and two others, to be appointed, were to be Members of the College Council. (See next page.) The following Bill provided that Upper Canada College should be "an appendage of the University." It also defined the powers of the Chancellor, etc.

Whereas it is expedient that the Minor, or Upper Canada, College, lately erected in the Town of York, shall be incorporated with and form an appendage of the University of King's College.

Be it therefore enacted, etc., That the said Minor, or Upper Canada, College, shall be incorporated with, and form an appendage of, the University of King's College, and be subject to its jurisdiction and control.

2. And be it enacted, etc., That the Principal of the said Minor, or Upper Canada, College shall be appointed by the King, during His Majesty's pleasure; and that the said Principal shall, ex-officio, be a Member of the Council of the University of King's College.

3. And be it enacted, etc., That the Vice-Principal and Tutors of the said College, shall be nominated by the Chancellor of the University of King's College, subject to the approval, or disapproval, of the Council thereof.

4. And be it enacted, etc., That it shall and may be lawful for the Chancellor of the said University, for the time being, to suspend or remove either the Vice-Principal, or Tutors, of the said Minor, or Upper Canada, College; provided that such suspension, or removal, be recommended by the Council of the said University, and grounds of such suspension, or removal, recorded at length in the books of the said Council.

DRAFT OF A BILL ON GRAMMAR SCHOOL EDUCATION IN UPPER CANADA, 1832.

This Draft of a Bill on the subject of Education also accompanied the second Report of the Select Committee of the House of Assembly in 1832. It was prepared chiefly by Mr. Mahlon Burwell, the Chairman of the Committee. It was most comprehensive in its scope, and was really intended to give system to, and infuse vigour into the administration of Educational affairs in Upper Canada. Its main feature was the calling into existence of a General Board of seventeen Educational Commissioners, including the Speakers of the two Houses of the Legislature. To this Board was to be entrusted the management of the official machinery created by the Bill; five of these seventeen persons, from a list of twenty-five, selected by the District Grand Jury, were to be appointed to act also as Trustees of the Public (Grammar) School in each District, etc.

The Bill further provided for the erection of School Houses and Teachers' Residences. Its eighteenth section also anticipated, (by more than forty years,) the provisions in the High School Act of 1874, (section ninety-eight), for the expansion of High Schools into Collegiate Institutes.

7 (D.E. II.)

MOST GRACIOUS SOVEREIGN :

Whereas Your Majesty has been graciously pleased to place at the disposition of the Provincial Legislature, the School Lands granted by Your Royal Predecessor, King George the Third, in the year 1797, for the promotion of Education within this Province, and now remaining unalienated; and

WHEREAS, THE EXISTING LAWS FOR THE SUPPORT AND ESTABLISHMENT OF DISTRICT AND GRAMMAR SCHOOLS, ARE FOUND INSUFFICIENT;

Be it therefore enacted, etc., That an Act passed in the 47th year of the reign of His late Majesty, King George the Third, Chapter 16, (1807) intituled: "An Act to establish Public (Grammar) Schools in each and every District of this Province,'* and also an Act passed in the 48th year of His said late Majesty's Reign, Chapter 16. (1808)+ intituled " An Act to amend an Act passed in the 47th year of His Majesty's Reign, Chapter 16, (1807) intituled: “ An Act to establish Public (Grammar) Schools in each and every District of this Province," and also a certain other Act of the Parliament of this Province, passed in the 59th year of the reign of His said late Majesty‡ (1819) Chapter 4, intituled: "An Act to Repeal part of and to Amend the Laws now in force for establishing Public (Grammar) Schools in the several Districts of this Province, and to extend the provisions of the same," shall be, and the same are hereby repealed.

2. And be it enacted, etc., That there shall be established in this Province a General Board of Commissioners of Education, to consist of twelve Members, together with the Trustees of the District and Grammar Schools for the several Districts, to be appointed as hereinafter mentioned, and that the Speaker of the Legislative Council and of the House of Assembly, for the time being, shall be ex-officio Members thereof. §

3. And be it enacted, etc., That the said General Board of Education shall have the superintendence and management of all the School Lands now remaining unalienated in this Province, and shall have full power and authority to sell, lease, or otherwise dispose of them, as in their judgment may seem meet; Provided always, that no part, or portion, of the School Lands shall, at any time, be sold for a less sum than fifteen shillings per acre.

4. And be it enacted, etc., That the money arising from such sales or leases of the School Lands, shall be vested in approved securities, and the interest thereof only expended; and it shall be the duty of the General Board of Education, and they are hereby required, annually, to divide the same equally between the several Districts that now are, or may be hereafter, formed in this Province, in proportion to the population of the said Districts respectively.

5. And be it enacted, etc., That it shall and may be lawful for the Governor, or person administering the Government of this Province, for the time being, to nominate and appoint ten fit and discreet persons to constitute Members of the said General Board of Education, making the number of twelve as aforesaid, including the Speakers of the Legislative Council and of the House of Assembly.

6. And be it enacted, etc., That it shall and may be lawful for the Magistrates, in General Quarter Sessions of the Peace assembled, in each and every District of this Province, at the first meeting after the next Autumn Assizes, to select from a list of twenty-five persons, presented by the Grand Jury, then and there summoned at the said Assizes (which list the Grand Jury is hereby required to furnish) five fit and discreet persons to act as Trustees for the several District (Grammar) Schools; Provided always, that in case of a vacancy by death, or otherwise, the vacancies shall be filled up by the Magistrates, from a list given in by the Grand Jury, in the manner and form aforesaid.

7. And be it enacted, etc., That the General Board of Education, consisting of twelve members, as aforesaid, and the Trustees of the several District (Grammar) Schools, and their successors, shall be one distinct and separate body corporate and politic, in deed and in name, by the name and style of the "General Board of Education for the Province of Upper Canada," and that by the same they shall have perpetual succession and a Common Seal, and they and their successors shall, from time to time, have full power to alter, revise or change, such Common Seal, at their will and pleasure, as shall be found convenient, and that by the same name, the

* See First Volume of this Documentary History of Education in Upper Canada, page 60.

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§ This General Board of Education was intended to take the place of the one established in 1823, and of which, up to the time of its abolition in 1832, the Reverend Doctor Strachan was President. By the Reverend Doctor Ryerson's first School Act of 1846, (section three,) a Provincial" Board of Education" of seven members was established. By the general School Act of 1850, (section thirty-six,) a "Council of Public Instruction" of nine members took the place of this Board. In 1874, this Council was increased to eighteen members-nine of whom were elective. In 1876 it was done away with, on the retirement of the Reverend Doctor Ryerson in that year. By the Act of 1876, (39 Victoria, chapter sixteen,) the Executive Council practically took the place of the Council of Public Instru tion.

said "General Board of Education for Upper Canada," and their successors, shall be able and capable to have, take, receive, purchase, hold, possess, enjoy and maintain, to and for the uses of the District and Grammar Schools of the said Province, any messuage, lands, tenements and hereditaments, of whatever kind, nature or quality soever, situate and being within the said Province of Upper Canada, so as the same do not exceed the yearly value of twenty-five thousand pounds (£25,000) currency, 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 whatsoever.

9. And be it enacted, etc., That the said General Board of Education shall have power and authority to make such rules and regulations for the good government and management of the District and Grammar Schools throughout the Province, and touching all the trusts reposed in them, as shall to them seem meet, and also, from time to time, by any new rules and regulations, to make, renew, augment, or alter, all, or every, of the said rules and regulations, as to them shall seem meet and expedient; provided always that the said rules and regulations, or any of them, shall be not repugnant to the laws of the Province of Upper Canada, or to the provisions of this Act.

10. And be it enacted, etc., That the Officers of the said Corporation shall be a President, Treasurer and Secretary; the same to be chosen by the General Board of Education at their first meeting after the passing of this Act.

11. And be it enacted, etc., That the President, or in his absence, the senior Member present, shall preside at the meetings of the Board, and shall have a casting vote, in case of a division.

12. And be it enacted, etc., That the said General Board, or a major part of them, shall have power to make and subscribe such rules and regulations as to them shall appear needful, touching the duties of the Treasurer and Secretary, regarding the faithful performance of their respective offices, and all such other mitters as appertain to the property under their charge, and for the due administration thereof, with such salaries and allowances as to them shall seem meet.

13. And be it enacted, etc., That there shall be four ordinary meetings of the General Board of Education throughout the year, in the Legislative Council Chambers, on the first Wednesday of January, April, June and October, with power to adjourn from day to day, and that five Members, with the President, shall constitute a quorum for the transaction of business ; Provided always, that there shall be an extraordinary meeting on the first Monday after the meeting of the Legislature in each and every year; Provided, also, that the President may call a meeting of the Board at any such time as he may see fit, giving three days' notice of the same; and as often as five Members shall request the President, in writing, to call a meeting of the General Board of Education, he is authorized and enjoined to call the same.

14. And be it enacted, etc., That, until an annual income of the General Board of Education (from the interest of money arising from the sale of School Lands under their management) shall amount to five thousand pounds (£5,000) the deficiency shall be paid out of the Provincial revenue, in virtue of a warrant in favour of the Treasurer of said Board for the time being, issued by the Governor. Lieutenant-Governor, or person administering the Government of the Province for the time being, on the Receiver-General of the Province; such warrant to issue half-yearly on a requisition made by the President of the Board, countersigned by the Treasurer and Secretary, stating the deficiency of income.

SCHOOL HOUSE AND A RESIDENCE FOR TEACHER TO BE ERECTed.

15. And be it enacted, etc., That it shall and may be lawful for the Magistrates of each and every District in this Province to direct that a commodious School House, and Residence for a Teacher, be built in each Town where the Quarter Sessions are held, and the expense of the same shall be defrayed out of the funds of the said District; the said School House and Residence to be erected on a uniform plan furnished to the Magistrates by the General Board of Education.

16. And be it enacted, etc., That, until such School House and Residence be erected as aforesaid, no District shall be entitled to any assistance from the moneys at the disposal of the General Board of Education beyond one hundred pounds currency (£100) per annum.

PROVISION TO MEET THE CASE OF THE GRANTHAM AND BATH ACADEMIES.

17. And be it enacted, etc., That it shall and may be lawful for the General Board of Education, constituted as aforesaid, on satisfactory evidence being given that an Academy has been built, and in full operation, in which the Classics and a general system of English Education are taught, and that the proprietors thereof are willing to place the same under the direction of the said Gen

eral Board, to allow the said Institution such assistance from the funds at their disposal as shall not exceed two-thirds of the allowance given to the District Grammar School of the District within which such Academy is erected, and provided always, that such Academy be not built in the Town or place where the District (Grammar) School is kept.

ENACTMENT, ANTICIPATING THE MODERN COLLEGIATE INSTITUTES.

18. And be it enacted, etc., That it shall and may be lawful for the said General Board, from time to time, as the funds at their disposal allow, to increase the means of instruction at the District (Grammar) Schools until each such School possesses two Classical Masters, one Mathematical Master, and a Teacher of Writing and Arithmetic and the ordinary branches of an English Education; and this shall be considered the maximum in the establishment of District (Grammar) Schools, beyond which it shall not be lawful for the Board as aforesaid to proceed; Provided, nevertheless, that this shall not be so construed as to restrain the said Board from allowing premiums to the best Scholars in the different Districts, at their discretion, provided the amount of such premiums do not exceed in any one year one-twentieth part of the annual income at the disposal of the said Board. (See pages 40 and 48.)

NOTE. This eighteenth section practically laid down the principle of "Collegiate Institutes," or a superior class of Grammar, or High Schools, which was afterwards embodied in the School legislation, (under the Reverend Doctor Ryerson's administration,) in 1871, section 41. That section was originally drafted by the Editor of this Documentary History under special circumstances. It was somewhat modified on passing.

19. And be it enacted, etc., That it shall and may be lawful for the General Board of Education to require and demand of each School, under their control and superintendence, annual returns, such returns to be signed by the Head Master of said School and by the Trustees, the form of said return to be prescribed by the General Board of Education.

20. And be it enacted, etc., That it shall and may be lawful for the General Board of Education, as aforesaid, to withhold all aid from such Schools, in salaries to their Teachers, or otherwise, as shall not make regular returns to the Board as aforesaid.

21. And be it enacted, etc., That the Trustees appointed under and by virtue of this Act, in each and every District of this Province, or the majority of them, shall have full power and authority to nominate fit and discreet persons as Teachers thereof, and to examine into the moral character, learning and capacity of such persons so nominated, and being satisfied, it shall and may be lawful for the said Trustees, or the majority of them, to report such their nomina'ion, or nominations, to the Governor, Lieutenant-Governor, or person administering to Government of this Province, either to approve or disapprove of the same; Provided always, that the said Trustees, or the majority of them, shall have full power and authority, in their discretion, to remove any Teacher, or Teachers, from the Public (Grammar) School, for any misdemeanour or impropriety of conduct, subject to the approval of the General Board of Education; and it shall and may be lawful for the said Trustees, or the majority of them, in case of the demise, dismissal, or re noval of any Teacher, or Teachers, of the said Public (Grammar) Schools, to nominate and appoint other discreet persons to fill the vacancies in manner and form aforesaid, subject to the like approval, as aforesaid.

22. And be it enacted, etc., That the Trustees appointed under and by virtue of this Act, in each and every District, or the majority of them, shall have full power and authority to make such rules and regulations for the good government and management of the said Public (Grammar) Schools, with respect to the Teacher, or Trustees, for the time being, and to the Scholars, as in their discretion shall seem meet; Provided always, that the same be not repugnant to any rules and regulations established by the General Board of Education, or to the laws of this Province.

23. And be it enacted, etc., That it shall and may be lawful for the said Board of Education, as often as the same shall appear expedient, either by their President, or one of their Members, to visit, inspect and examine any, or all, of the District and Grammar Schools under their superintendence, t› enquire into their condition, system of Education and discipline, and to report the same for the information of the Board.

24. And be it enacted, etc., That it shall and may be lawful for the General Board of Education, and it is hereby required, to make a Report of the Schools annually to the Governor, Lieutenant-Governor, or person administering the Government of this Province, to be by him laid

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