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ELGIN AND KINCARDINE.

The Governor General informs the Honourable the Legislative Assembly that the Bill passed by the Legislative Council and Assembly in the month of March, 1849, and reserved for the signification of Her Majesty's pleasure, intituled: "An Act to raise an Income of One Hundred Thousand Pounds, (£100,000,) out of the Public Lands in Canada, for Common School Education," was specially confirmed and finally enacted by Her Majesty in Council, on the Ninth day of March, 1850.*

GOVERNMENT HOUSE, TORONTO, 27th. May, 1850.

Ordered, That the Honourable Francis Hincks have leave to bring in a Bill for the Better Establishment and Maintenance of Common Schools in Upper Canada. He accordingly presented the said Bill to the House, and the same was received and read for the first time; and ordered to be read a second time, on Friday the Seventh of June next.†

May 31st, 1850. Pursuant to the Orders of the Day, the following Petitions were read :— (1), Of the Very Reverend Angus Macdonell, President of the College of Regiopolis, Kingston, praying for aid in support of the said College; (2), Of the Right Reverend Joseph E. Guigues, Bishop of Bytown; praying for aid in behalf of the College of Bytown; (3). Of Skeffington Connor, Esquire, and others, praying an Act of Incorporation as the Elgin Association for the Soc al and Moral Improvement of the Coloured population of Canada; (4), Of Mr. N. C. W. Cannon, Elder, and others, Coloured inhabitants of the Township of Colchester, County of Essex, praying for an Act to incorporate the Wilberforce Lyceum Educating Society, established in the said Township.

was

On motion of the Honourable Malcolm Cameron, seconded by Mr. Benjamin Holmes, it

Resolved, That an humble Address be presented to His Excellency, the Governor General, praying him to cause to be laid before this House copies of all Correspondence that may have taken place between any Member of the Government and the Chief Superintendent of Education in Upper Canada, on the subject of the School Bill of last Session, 1849. or on the subject of Education generally or between anv Member of the Government and other Persons in the Country, on the same subject, of an official character. It was further

Ordered, That the said Address be presented to His Excellency, the Governor General, by such Members of this House as are of the Honourable the Executive Council of this Province.

June 3rd, 1850. Pursuant to the Order of the Day, the following Petitions were read :(1), Of the Reverend Michael Lalor and others, of the Town of Picton, County of Prince Edward, praying for a certain amendment to the Common School Act; (2), Of the Municipal Council of the County of York, praying for certain amendments to the Common School Act; (3). Of the Town Council of Brantford, praying for the appropriation of the funds, accruing from the Clergy Reserve and Rectories, to purposes of General Education.

June 5th. 1850. Pursuant to the Order of the Day, the following Petitions were read :— (1), Of the University of Queen's College. Kingston, praying an adequate Grant for the Endowment of the said College; (2), Of the Board of Trustees of Queen's College, Kingston, praying for a Grant in aid of the Grammar School of the said College, such as that enjoyed by the High Schools of Montreal and Quebec; (3), Of Mr. Lewis Willson, Chairman, and others, on behalf of a Public Meeting held in the Township of Pelham, District of Niagara, praying that the money accruing from the Clergy Reserves and Rectories may be applied to raising a School Fund.

The Honourable Francis Hincks, one of Her Majesty's Executive Council presented, pursurant to an Address to His Excellency the Governor General, a Return to an Address from

* A copy of this Act, in extenso, will be found on page 116 of the Eighth Volume of this Documentary History. See also pages 133 and 187 of the same Volume.

+ In his Annual Report for 1858, the Reverend Doctor Ryerson thus refers to the preparation of this Common School Bill of 1850. After referring to the suspension of the Cameron School Act of 1849, Doctor Ryerson said: By request, I prepared the Draft of another School Bill, in 1850, to the examination and revision of which the Honourable Robert Baldwin, then Attorney General, devoted the parts of two, or three, days. It was brought into the House of Assembly, after due examination, by the Honourable Francis Hincks, Inspector General, on behalf of the Government, and, after long and careful discussion, was passed by the consent of all parties in the Legislature, and became the Common School Act of 1850.", (NOTE The original printed copy of this Draft of Bill, with Mr. Baldwin's anotations on it, is now in my possession. J. G. H.)

As this Bill, after it was passed into an Act, became practically the Charter of the Public School System of Ontario, I have thought it desirable to insert in appropriate places, as the debate on it progressed, the remarks on various provisions of the Bill of the more prominent Members of the House of Assembly, especially those of the Member of the Government, (the Honourable Francis Hincks), who introduced the Bill into the House of Assembly.

the Legislative Assembly to His Excellency the Governor General dated the 31st ultimo, praying His Excellency to cause to be laid before the House copies of all Correspondence that may have taken place between any Member of the Government and the Chief Superintendent of Education in Upper Canada, on the subject of the School Bill of last Session, (1849,) or on the subject of Education generally, or between any Member of the Government and other Person in the Country, on the same subject, of an official character. It was

Ordered, That the said Return be printed for the use of Members of this House.

Jine 6th, 1850. A Petition was read from Mr. Henry Walker and John Jarron, M.D., of the County of Haldimand, praying that measures be adopted to appropriate the funds accruing from the Clergy Reserve Lands to Common School purposes.

June 12th, 1850. Two other Petitions were presented on the subject of the Clergy Reserves from Stamford and Puslinch Townships.

June 14th, 1850. Pursuant to the Order of the Day, the following Petitions were read :(1), of Mr. John G. Weir, Townreeve, in behalf of the Municipality of the Township of Raleigh, praying that the application made by Doctor Connor and others on the 21st ultimo (page 2), for an Act to incorporate the Elgin Association for the elevation of the Coloured Population. be not granted; (2), Of Mr. Michael Rape and others, Trustees of the Roman Catholic Separate School, of School Section Number Ten, in the Township of Kitley, praying that provision be made for the said School for the year 1850, and that due regard be had to their rights.

June 17th, 1850. Two Petitions were read, on the appropriation of the proceeds of the Clergy Reserve and Rectory Lands to Education, (from the County of Peterborough and County of Oxford.)

June 19th, 1850. The following Petitions were read: -(1), Of the Municipality of the Township of Wainfleet, praying for certain modifications to the Common School Bill, now before the House, should it be deemed expedient to alter the existing law; (2), Of the Common Council of the City of Kingston, praying for certain amendments to the Common School Bill now before the House.

The Committee on Standing Orders reported that the Petition of Skeffington Connor, Esquire, and others, presented to the House on the 31st ultimo, (page 2) in regard to the Elgin Association is not considered to be such as to require notice under the Sixty-sixth Rule of the House.

Four Petitions were read on the appropriation of the proceeds of the Clergy Reserves and Rectories to Education, (from the Synod of the Presbyterian Church, and the Townships of Pelham, Wainfleet and Louth).

June 20th, 1850. The Petition of Mr. Jordan Challenger and others, of the Town and vicinity of Chatham, praying that the application to incorporate the Elgin Association be not granted; and that measures be adopted to discourage the emigration of Coloured people into this Province, and to disqualify them from enjoying certain civil and political rights.

June 21st, 1850. The Petition of Mr. James Brenan and others of the Union School Section Number Seven, in the Township of Emily, praying that in the remodelling of the Common School Act, certain provisions may be inserted for the protection of Teachers' wages.

THE CLERGY-RESERVE QUESTION, AS CONNECTED WITH EDUCATION.

So constantly had the Clergy Reserve Question been mixed up with that of Education, (so far as the support of Schools was concerned,) that I have thought it desirable to insert in this place the Series of Resolutions proposed by the Honourable James Harvey Price, which briefly recounts the history of this troublesome and vexatious Question.

It was in the Constitutional Act of 1791, as suggested by Colonel John Graves Simcoe, then a Member of the British House of Commons, and afterwards the first Governor of Upper Canada, that provision was made for the setting apart of one-seventh of the Crown Lands of Upper Canada, "for the support of a Protestant Clergy." An agitation for the alienation of the Reserves from Clerical to Educational purposes was kept up in Upper Canada for many years and which only ceased on the final settlement of the question in 1854.

Two Petitions were read on the subject of the appropriation of Clergy Reserve and Rectory proceeds of land to purposes of Education.

The Order of the Day being read, for resuming the adjourned Debate upon the Amendment which was yesterday proposed, by the Honourable Malcolm Cameron of Kent, to be made to the Question :-*

"That the interests and dividends accruing upon such investment of the proceeds of all Clergy Reserves sold, or to be sold, and also the interest to accrue upon sales upon credit of Clergy Reserve Lands, and all rents arising from such Lands that have been, or may be, derived for any term of years shall be paid to the Receiver General of this Province, or such other person, or Institution, as shall be appointed to receive the public revenue, and shall together remain an annual fund for the purposes of General Education."

The following is Mr. J. H. Price's series of Resolutions, giving a brief Parliamentary history of the Clergy Reserve Question:

:

The Question being put, the Honourable James Harvey Price moved, seconded by the Honourable Francis Hincks,

1. That it appears by the last Census taken in Upper Canada, that the Population of that section of the Province was, in the year One Thousand Eight Hundred and Forty-Eight, (1848,) 723,332. of which 239,651 are returned as in connection with the Churches of England and Scotland, the only Churches receiving any considerable benefit from the Clergy Reserve Endowment:

2. That in the early settlement of the Province, the reserved Lands were of little value, and, as no sales had then been authorized by the Imperial Parliament, the question attracted but a slight share of public attention;

3. That, so soon as the intention of the Imperial Government to dispose of the lands reserved in Upper Canada became known, the Representatives of the People of that Province took the whole subject into their most serious consideration, and, with an unanimity that prevailed on no other question, endeavoured to remove a grievance universally complained of by the People, save and except by those interested in the maintenance of Church Establishments:

4. That, in the year One Thousand Eight Hundred and Twenty-seven, (1827), a Bill to authorize the Sale of the Clergy Reserves and the application of the proceeds thereof to the purposes of General E lucation, was passed through the House of Assembly of Upper Canada, -the division on the second reading having been 22 to 6; but this Bill was rejected by the Legislative Council: *

5. That a dissolution having taken place soon after, the Tenth Parliament of Upper Canada met in the year One Thousand Eight Hundred and Twenty nine, (1829,) when a Bill for the sale of the Clergy Reserves and the application of the proceeds to Educational purposes passed through the various stages in the House of Assembly without a division, but was again rejected by the Legislative Council: +

6. That, in the year One Thousand Eight and Thirty,-(1830,) during the Second Session of the Tenth Parliament, another Bill, containing similar provisions to the former ones was passed by the House of Assembly without a division, and was rejected by the Legislative Council:

7. That a dissolution of the House of Assembly having taken place, a new Parliament met in the year One Thousand Eight Hundred and Thirty-one, (1831,) when Resolutions expressing the same views were adopted oy a large majority in the House of Assembly, an amendment proposed by the Solicitor General, (Mr. Christopher A. Hagerman,) having been rejected on a division of 29 to 8:

8. That, in the year One Thousand Eight Hundred and Thirty-two, (1832,) during the Second Session of the Eleventh Parliament of Upper Canada, an Address to the Crown, praying for the application of the Clergy Reserves to Educational purposes was carried by a large majority in the House of Assembly :

9. That, after the passage of the Address last referred to. a Message was sent down to the House by Lieutenant Governor, Sir John Colborne, in which His Excellency stated that he had His Majesty's Commands to make a communication to the House of Assembly in reference to the Lands set apart for the " 'Support and Maintenance of a Protestant Clergy"; that His Excel

*I have omitted those portions of various Resolutions on the Clergy Reserve Question relating to the question of "Church and State" and have only inserted the concluding one, as given above.

This question of the rejection by the Legislative Council of Bills passed by the House of Assembly is fully explained and discussed on pages 204-206 of the Second Volume of this Documentary History. See also pages 337, 338 of the same Volume.

lency informed the House that the representations made to His Majesty, and to His Royal Predecessors, of prejudice sustained by His faithful Subjects in this Province from the appropriation of the Clergy Reserves, had engaged His Majesty's most attentive consideration; that His Majesty had considered with no less anxiety how far such an appropriation of territory is conducive either to the temporal welfare of the Ministers of Religion in this Province, or to their spiritual influence; and that His Majesty invited the House of Assembly of Upper Canada to consider how the power given to the Provincial Legislature by the Constitutional Act of 1791, to " vary, or repeal," this part of its provisions can be called into exercise most advantageously for the spiritual and temporal interests of his Majesty's faithful Subjects in this Province :

10. That, after the reception of the above Message, a Bill to re-invest the Clergy Reserves in the Crown, discharged of all trusts whatsoever, was introduced and read a second time in the House of Assembly, by a vote, on a division, of 29 to 7:

11. That, in the year One Thousand Eight Hundred and Thirty-three, (1833,) during the Third Session of the Eleventh Parliament, a Bill, having similar provisions with that formerly adopted by the same House, was read a second time by a vote, on a division of 26 to 2:

12. That in the year One Thousand Eight Hundred and Thirty-four, (1834,) during the Fourth Session of the Eleventh Parliament of Upper Canada, a Bill of a similar character was passed through its several stages in the House of Assembly by considerable majorities, though opposed by the whole weight of the Government, but was rejected by the Legislative Council.*

13. That in the year One Thousand Eight Hundred and Thirty-five, (1835,) during the First Session of the Twelfth Parliament of Upper Canada, a Bill for the sale of the Clergy Reserves and the application of the proceeds to Educational purposes was passed by a majority in the House of Assembly of 40 to 4, but was rejected by the Legislative Council:

14. That, during the same Session of Parliament, Resolutions were sent down to the House of Assembly by the Legislative Council, in which the opinion was expressed that, as the Legislature of the Province had been unable to concur in any Measure respecting the Clergy Reserves, it was expedient to address His Majesty and both Houses of the Imperial Parliament requesting that Parliament to legislate on the subject:

15. That the House of Assembly, by a majority of 24 to 12, resolved :—

(1) That this House has heretofore repeatedly passed Bills, providing for the sale of the Clergy Reserves, and the appropriation of the monies arising therefrom to the support of Education, which Bills have been rejected, without amendment, by the Legislative Council: That, with the same view, this House have repeatedly made known, by humble and dutiful Addresses to His Majesty, their wishes and opinions, and the wishes and opinions of His Majesty's faithful Subjects in this Province on this highly important subject, and this House takes this opportunity of declaring that these wishes and opinions, both on the part of this House and of their constituents remain entirely unchanged :

(2) That, during the Second Session of the last Parliament, His Excellency, the LieutenantGovernor, by Message, informed the House that he had received His Majesty's instructions to declare that the representations which had at different times been made to His Majesty and His Royal Predecessors of the prejudice sustained by His Majesty's faithful Subjects in this Province from the appropriation of the Clergy Reserves, had engaged His Majesty's most attentive consideration, and His Majesty had most graciously been pleased to invite the House of Assembly to consider how the powers given to the Provincial Legislature by the Constitutional Act of 1791, to "vary, or repeal," the provisions which it contains, for the allotment and appropriation of the Clergy Reserves, would be most advantageously exercised for the spiritual and temporal interests of His faithful Subjects in this Province:

(3) That this House, in compliance with His Majesty's wishes, thus graciously expressed, and with the strong and well-known desires of His Majesty's faithful Subjects in this Province, has passed a Bill during the present Session of Parliament to provide for the sale of the Clergy Reserves, and to apply the money arising from such sales to the support of Education.

(4) That the said Legislative Council has not passed the said Bill,—has not amended it, and has not passed" any other Bill on the subject."

16. That, in the year One Thousand Eight Hundred and Thirty-six, (1836,) during the Second Session of the Twelfth Parliament of Upper Canada, a Bill, relating to the Clergy R serves, and embodying similar principles to those repeatedly passed by the House of Assembly, was again introduced, and was carried on a division by a majority of 35 to 5: That the said Bill was amended in the Legislative Council by expunging all the enacting clauses, and substituting provisions for investing the Reserves in the Crown, to be applied for the maintenance of Public Worship and the sul port of Religion: That the House of Assembly adopted, by a majority of 27 to 1, certain amendments to this amended Bill sent down by the Legislative Council, affirming the principles of their original Bill of that year :

* See note in regard to the rejection by the Legislative Council of Measures passed by the House of Assembly on page 4 of this Volume.

17. That, during the same Session, a Despatch from Lord Glenelg, His Majesty's Principal Secretary of State for the Colonies, to Lieutenant Governor, Sir Francis B. Head, was communicated to the House, in which His Lordship treated the question as one to be settled by the Provincial Legislature itself, and declined to interfere with the deliberations of the Legislature by offering any suggestions of his own on the subject:

18. That the Twelfth Parliament of Upper Canada, having been dissolved by Sir Francis Head, a general election was held at a period of great excitement, and the question of the disposal of the Clergy Reserves appears to have been lost sight of during the political struggle which ensued: That, during the first three Sessions of the Thirteenth Parliament of Upper Canada, (1837-38,) various efforts were made to settle the question, but without any satisfactory result: That, at length, in the course of the Third Session of the Thirteenth Parliament, a Bill, which had passed the Legislative Council, providing for the reinvestment of the said Reserves in the Imperial Parliament, was concurred in by the House of Assembly by a majority of 22 to 21:

19. That in the year One Thousand Eight Hundred and Thirty-nine, (1839,) during the fifth and last Session of the last Parliament of Upper Canada, a Message was sent down to the House from the Governor General, the Right Honourable Charles Poulett Thomson, by which the House was informed that the Bill passed during the previous Session of the Upper Canada Parliament had not received the Royal Assent, there being an insuperable objection to it on a point of form: That His Excellency stated, moreover that, in the opinion of His Majesty's Government, the Provincial Legislature would bring to the decision of the question an extent of accurate information as to the wants and general opinions of society in this Country in which the Imperial Parliament is unavoidably deficient :

20. That another attempt at settlement of the Clergy Reserve question was made during the last Session of the Parliament of Upper Canada in 1839, when a Bill passed both Houses, providing for the sale and disposal of the Clergy Reserves, which Bill, having been reserved for the Royal Assent, was not assented to by Her Majesty :

NOTE. The House divided upon each of the foregoing paragraphs with varying results. (A further series of Resolutions in regard to the Clergy Reserves, so far as it related to the "Church and State" aspect of the question was proposed, but it is not necessary to insert them here.)

Pursuant to the Orders of the Day, the following Petitions were read:

(1), of the Conference of the New Connexion Church; (2), the Churches composing the Baptist Grand River Association; (3), of a Public Meeting in the Township of Dumfries; (4), of the Municipality of the Township of Warwick; and (5), of Inhabitants of the Township of Eramosa, praying that the proceeds of the Clergy Reserves be applied to the purposes of General Education, also (6), of Mr. W. R. Abbott and others, Coloured inhabitants of the City of Toronto, praying that the Common School Bill now before the House may be amended by striking out the words "Coloured people" from the Nineteenth Section thereof.

June 26th, 1850. The Order of the Day for the second reading of the Bill for the Better Establishment and Maintenance of Common Schools in Upper Canada, being read; The Bill was accordingly read a second time; and committed to a Committee of the Whole House, for Fri ay next.

June 28th, 1850. Pursuant to the Order of the Day, the following Petitions were read: Of Mr. John Anderson and others, Coloured inhabitants of the Town of St Catharines ; and of Mr. Edward Crump and others, Coloured inhabitants of the City of Hamilton, praying that the word "Coloured" may be struck out of the Nineteen h Section of the Common School Bill, now before the House.

Ordered, That the Honourable Francis Hincks have leave to bring in a Bill for the Better Establishment and Maintenance of Grammar Schools in Upper Canada. He accordingly presented the said Bill to the House, and the same was received and read for the first time; and ordered to be read a second time, on Friday next.*

July 1st, 1856. Pursuant to the Order of the Day, a Petition from each of the Townships of East Gwillimbury and Blenheim was read, praying that the proceeds of the Clergy Reserve lands be devoted to General Education.

On motion of the Honourable Henry Sherwood, seconded by the Honourable William B. Robinson, it was:

Resolved, That an humble Address be presented to His Excellency the Governor General, praying His Excellency to direct the proper Officer to lay before this House, a detailed Statement of the amount expended towards defraying the expenses of the **Commission of Inquiry into the affairs of the University of King's College ", appointed under a Statute of the said *For remarks by various Members of the House of Assembly in regard to this Bill, see pages 7-9 and 11-16 of this Chapter.

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