property and effects, and generally of the fiscal, or financial, affairs of the said University, Upper Canada College and Royal Grammar School, since they were established, upon principles: "to conciliate the confidence and ensure the support of all classes and Denominations of Her Majesty's subjects;" also, copies of the Annual Reports made by the Principal of Upper Canada College and the Royal Grammar School, shewing their condition and progress, under authority of Section Fifty-five of the said Act,* or such of the said copies of Reports, as may have been received by the Government.

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

August 6th, 1851. The Honourable Francis Hincks, one of Her Majesty's Executive Council, presented, pursuant to an Address to His Excellency the Governor General, the following Returns to an Address from the Legislative Assembly to His Excellency the Governor General, dated 26th June last, praying His Excellency to cause to be laid before the House, a Return shewing the annual sum payable, under the provisions of the Act 13 and 14 Victoria, Chapter 68, for interest on account of all Debentures issued on account of the Normal Model Schools (and the Education Offices) at Toronto, now outstanding.

August 7th, 1851. A Message from the Legislative Council, by John Jennings Taylor, Esquire, one of the Masters in Chancery, was read, as follows::

MR. SPEAKER,

The Legislative Council have passed a Bill, intituled: "An Act to Define and Restore certain Rights to parties therein Mentioned," to which they desire the concurrence of this House.+

TORONTO, 7th August, 1851.

RENÉ E. CARON, Speaker.

August 8th, 1851. Mr. William Lyon Mackenzie moved, seconded by Mr. James Smith, and the Question being put, That the Return relative to King's College and Upper Canada College, which was presented to the House on the Thirty-first of July last, be printed in English only for the Journals of the House, and also in octavo form, as ordered by the House on the 2nd instant; the House divided and the names being called for, they were taken down, and the result was as follows: YEAS 11; NAYS 39; So it passed in the negative.

August 13th, 1851. The Order of the Day for the House in Committee on the engrossed Bill from the Legislative Council, intituled: " An Act to Incorporate the Toronto School of Medicine," being read; the House accordingly resolved itself into the said Committee Mr. John P. Crysler took the chair of the Committee; and after some time spent therein, Mr. Speaker resumed the Chair; and Mr. Crysler reported That the Committee had gone through the Bill and made amendments thereunto.

Ordered, That the Report be now received, and that the Bill be read the third time to

morrow.

August 14th, 1851. An engrossed Bill from the Legislative Council, intituled: "An Act to Incorporate the Toronto School of Medicine," was, according to Order, read the third time. Resolved, That the Bill, with the amendments, do pass and that the Honourable Henry John Boulton, do carry back the Bill to the Legislative Council, and acquaint their Honours that this House has passed the same, with several amendments, to which they desire their concur

rence.

Ordered, That Mr. William Lyon Mackenzie have leave to bring in a Bill to amend the Nineteenth Section of the School Act of 1850: 13 and 14, Victoria, for the Better Establishment of 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 Monday

next.

A copy of this Bill is as follows:

BILL AN ACT TO REPEAL THE NINETEENTH SECTION OF THE AOT FOR THE BETTER ESTABLISHMENT OF COMMON SCHOOLS IN UPPER CANADA.

WHEREAS the establishment of Sectarian, or Separate, Public Schools, upheld by Preamble. periodical grants of money from the Provincial Treasury, and placed under the control of the Executive Government, through its Superintendents of Education, and other Civil Officers, is a dangerous interference with the Common School System of Upper Canada, and, if allowed to Protestants and Roman Catholics, cannot reasonably be refused to Episcopalians, Presbyterians, Quakers, Tunkers, Baptists, Independents and other Religious Denominations; and

* Ibid. page 161.

The title of this Bill is, as here given, ambiguous. The Bill was passed to amend the Nineteenth Section of the Common School Act of 1850, which Section provided for the establishment of Separate Schools, which, by the Cameron Common School Act of 1849, was not permitted. This Bill provided, that Separate Schools for Roman Catholic children could be established "in each Ward of a City, or Town, or in two or more Wards united," etcetera. For the immediate cause of the passage of this Bill, See note to the proceedings of the House of Assembly of August 29th, 1851.

S

ection 19 of the Common School Act of 1850 repealed.

WHEREAS, if it is just that any number of Religious Sects, should have Separate Public Schools, it is not less reasonable that they should also have Separate Grammar Schools, Colleges, and Professorships in the Universities; and,

WHEREAS it is unjust for the State to tax Protestants, in order to provide for the instruction of children in Roman Catholic doctrines, or to tax Roman Catholics for the Religious Education of youth in principles adverse to those of the Church of Rome; and as the early separation of children at School, on account of the creeds of their parents, or guardians, would rear nurseries of strife and dissension, and cause thousands to grow up in comparative ignorance, who might, under our Common School System, obtain the advantages of a moral, intellectual, literary and scientific Education; and,

WHEREAS the repeal of the Nineteenth Section of the Upper Canada Common School Act, passed in 1850, would discourage sectarian education, and be productive of peace, harmony, and good will in neighborhoods;

Be it therefore enacted,

That the Nineteenth Section of an Act passed by the Parliament of this Province, in the Session thereof held in the Thirteenth and Fourteenth Years of Her Majesty's Reign and intituled: "An Act for the Better Establishment and Maintenance of Common Schools in Upper Canada," be, and the same is hereby repealed.

August 16th, 1851. The Order of the Day for the House in Committee on the engrossed Bill from the Legislative Council, intituled: "An Act to Incorporate the Burlington Ladies' Academy," being read, the House accordingly resolved itself into the said Committee, and Mr. David M. Armstrong took the chair of the Committee; and after some time spent therein, Mr. Speaker resumed the Chair; and Mr. Armstrong reported That the Committee had gone through the Bill, and made amendments thereunto.

Ordered, That the Report be now received.

Mr. Armstrong reported the Bill accordingly; and the amendment was read, as followeth:Press 2, line 13. After "provided", insert Clause (A,) as follows:

"And be it enacted, That it shall be the duty of the said Corporation, at all times, when they may be called upon to do so by the Governor of this Province, to render an Account, in writing, of their property and affairs, in which shall be set forth in particular the income by them derived from property held under this Act, and the means by which the same has been acquired; also, the number of Members of the said Corporation, the number of Teachers employed in the various branches of instruction, the number of scholars under instruction, and the course of instruction pursued."

The said Amendment being read a second time was agreed to, and it was,—
Ordered, That the Bill be read a third time on Monday next.

A Message from the Legislative Council, by John Fennings Taylor, Esquire, one of the Masters in Chancery was read, as follows:

Mr. SPEAKER,

The Legislative Council have agreed to the Amendments made by this House to the Bill, intituled "An Act to Incorporate the Toronto School of Medicine," without any amendment. TORONTO, August 16th, 1851. RENÉ E. CARON, Speaker.

August 21st, 1851. The Order of the Day for the third reading of the engrossed Bill from the Legislative Council, intituled: "An Act to Incorporate the Burlington Ladies' Academy being read; it was ordered, That the Bill be read the third time on Monday next.

August 25th, 1851.-The Order of the Day for the House in Committee on the Bill to repeal the provision Limiting the Distance between the County Town and any additional Grammar School in the same County, in Upper Canada, being read; the House accordingly resolved itself into the said Committee. Mr. William Notman took the chair of the Committee; and after some time spent therein, Mr. Speaker resumed the Chair; and Mr. Notman reported That the Committee had gone through the Bill, and made an amendment thereunto. It was, therefore, ordered that the Report be now received. Mr. Notman reported the Bill accordingly; and the amendment was read, and agreed to It was then ordered that the Bill, with the amendment, be engrossed, and read the third time to-morrow.

August 27th, 1851.-On motion of Mr. Robert Christie, seconded by Mr. John Prince, it was,

Resolved, That an humble Address be presented to His Excellency the Governor General, representing to His Excellency that a favourable opportunity offering for obtaining from the Public Archives of Great Britain, France, and other places in Europe, such Documents relating to the early Colonial History of Canada as may be wanting to complete the series of Records already obtained on the subject, this House, therefore, prays that His Excellency may be pleased to take such measures as he may deem expedient to procure copies of all such Documents on this subject, as may be selected by the Agent, who is to be sent to Europe for the purpose of purchasing Books for the reconstruction of the Parliamentary Library; and assuring His

Excellency that this House will make good such expenses as may be incurred in the furtherance of this important object.

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.

An engrossed Bill to repeal the provision Limiting the Distance between the County Town and any additional Grammar School in the same County, in Upper Canada, was, according to Order, read the third time, and it was resolved that the Bill do pass, and that Mr. James Smith do carry the Bill to the Legislative Council, and desire their concurrence.

An engrossed Bill from the Legislative Council, intituled: "An Act to Incorporate the Burlington Ladies' Academy," was, according to Order, read the third time, and it was resolved that the Bill, with the Amendment, do pass. It was then ordered that the Honourable William Badgley do carry back the Bill to the Legislative Council, and acquaint their Honours that this House hath passed the same, with an Amendment, to which they desire the concurrence of their Honours.

A Message from the Legislative Council, by John Fennings Taylor, Esquire, one of the Masters in Chancery, was read, as follows::

Mr. SPEAKER,

The Legislative Council have agreed to the Amendment made by the House to the Bill, intituled · “An Act to Incorporate the Burlington Ladies' Academy," without any amendment. TORONTO, 27th April, 1851. RENÉ E. CARON, Speaker.

August 28th, 1851. A Message from the Legislative Council, by John Fennings Taylor, Esquire, one of the Masters in Chancery, was read, as follows:

Mr. SPEAKER,

The Legislative Council have passed the following Bill, without Amendment, namely:A Bill, intituled : "An Act to repeal the provision Limiting the Distance between the County Town and any additional Grammar School, in the same County, in Upper Canada.”

TORONTO, 28th August, 1851.

RENÉ E. CARON, Speaker.

August 29th, 1851. The Order of the Day for the second reading of the engrossed Bill from the Legislative Council, intituled: "An Act to Define and Restore certain Rights to Parties herein mentioned," being read, the Honourable Francis Hincks moved, seconded by Mr. Joseph C. Taché, and the question being proposed, that the Bill be now read a second time; Mr. William Lyon Mackenzie moved in amendment to the question, seconded by Mr. John Wilson that the word "now" be left out, and the words: "this day six months" added at the end thereof; and the question being put on the amendment, the House divided with the following result: YEAS 4; NAYS 24; so it passed in the negative.

Then the main motion being put it was resolved in the affirmative, and the Bill was accordingly read a second time.

The Honourable Francis Hincks moved, seconded by Mr. Louis T. Drummond, and the question being proposed that the Bill be now read the third time, and the Rules of the House be suspended as regards the same; Mr. William Lyon Mackenzie moved, in amendment to the question, seconded by Mr. James Smith, that all the words after "that," to the end of the question be left out in order to add the words: "all the words after "Whereas," in the [Bill introduced into the House of Assembly by the mover, on the 14th of this month of August, as an amendment to the Nineteenth Section of the Common School Act of 1850.] (See page -).

And the question being put on the amendment, the House divided-the Yeas and Nays being as follows: YEAS 5; NAYS 26; so it passed in the negative. Then the main motion having been put, it was resolved in the affirmative. The Bill was, accordingly, read the third time.

The Honourable Francis Hincks moved, seconded by Mr. Louis T. Drummond, and the question being put, that the Bill do pass; the House divided with the following result; YEAS 25; NAYS 7; so it was resolved in the affirmative.

Ordered, That the Honourable Francis Hincks do carry back the Bill to the Legislative Council, and acquaint their Honours that this House hath passed the same without any amendment.

CAUSES WHICH LED TO THE PASSING OF THIS REMEDIAL ACT.

A difficulty occurred, in 1851, in regard to the operation of the Nineteen Section of the School Act of 1850, which necessitated the interference of the Chief Superintendent of Education in favour of the Roman Catholic Separate

School Trustees of the City of Toronto. In a letter to the Honourable George Brown, in 1858, Doctor Ryerson thus states the nature of that difficulty, and the remedy for it, as follows:

"In the latter part of 1850, certain Roman Catholics applied for a second Separate School in the City of Toronto. The Board of School Trustees rejected their application, upon the ground that the Nineteenth Section of the School Act of 1850 did not require them to permit the establishment of more than one Separate School in the City. The applicants appealed to the Court of Queen's Bench, to compel the Board of School Trustees to grant their request. The Court decided that,

"According to the letter and grammatical construction of the Act, a City, or Town, was only a School Section, and the Trustees could not, therefore, be compelled by law to grant more than one Separate School, whatever might have been the intention of the Legislature."

Doctor Ryerson then goes on to say,

"That [the Roman Catholic] supporters of the Ministry of that day sought a Legislative remedy for a defect in the law, and applied in the proper quarter for that purpose. Mr. Hincks declined taking their complaint into consideration, without consulting me, I being then absent in the United States and England, making the first selection of Books for the Public Libraries, and arrangements for procuring them. On my return in June, 1851, Mr. Hincks gave me the papers, and referred the Roman Catholic Bishop [Charbonnel] and Vicar-General [Macdonell] to me. I could not for a moment admit the Draft of the Bill they had prepared; but stated frankly, that I had not intended to deprive them of any rights as to Separate Schools which had been conferred on them by the Act of 1846; that I had never anticipated, or thought of, the construction of the 19th Section of the Act, which had been put upon it by the Court of Queen's Bench; that, by the Act of 1846 Cities and Towns were divided into School Sections as well as Townships; that the City of Toronto, under the Act, was divided into fourteen School Sections, in each of which there might be a Separate School, according to the conditions of the law. But, I asked them, as there were now no School Sections in the Cities and Towns, whether the right of having a Separate School in each Ward would not be sufficient? They answered in the affirmative; whereupon, I wrote a Draft of an Act for that purpose, and they expressed their entire satisfaction with it.*

"By request, I afterwards met the greater part of the Members of the House, at an appointed time, and explained to them the position of the Separate School Question, and what I thought best to be done under the circumstances. The Honourable John Ross brought into the Legislative Council the Bill "to restore certain Rights," etcetera, of which I had prepared the Draft. It soon passed both Houses, and became law."

[The Upper Canada Members voting for it were: Baldwin, Bell, W. H. Boulton, Hincks J. A. Macdonald, Meyers, Prince, Sherwood, and Stevenson-9. Lower Canada Members, 16; total, 25. Those opposed to the Bill were: Hopkins, Mackenzie, McFarlane, J. C. Morrison, James Smith and J. Wilson-7, all from Upper Canada.]

"Its operations are confined to Cities and Towns: the very wording of it shows that it was no innovation, no concession; but a restoration of rights previously enjoyed.'

MR. WILLIAM LYON MACKENZIE'S ANTI-SEPARATE SCHOOL BILL, 1851. The two untoward circumstances, -the unauthorized omission of all provision for Separate Schools in Mr. Macolm Cameron's School Act, of 1859, and the inability of the Trustees to establish more than one Separate School in the City of Toronto, in 1850, as decided by the Court of Queen's Bench, acted unfavourably upon the leaders of the Roman Catholic Church, and created a feeling of distrust and uncertainty on the part of Roman Catholics generally.+

*Thus, in a letter to Doctor Ryerson, from Bishop Charbonnel, dated 27th June, 1851, he said: "Very Reverend and Dear Doctor, I regret very much not to be able to attend the meeting [of the Council of Public Instruction] this morning; I leave to-day for London; but I will be back for the solemn ceremony of Wednesday [2nd July-the day on which the corner-stone of the Normal School Building was laid, and at which the Bishop was present and took part in the ceremony]. "I see, with full hope, that the redress of the wording of the clause in behalf of the City Catholic Separate Schools [Toronto] is in your hands and heart, and if Canada East has for Superintendent a Doctor Meilleur, owning to the sincere liberality of our Government, and its Superintendent for the West, our condition for the education of our dear children will become good and better. Respectfully and devotedly yours in Christ, "ARMANDUS, Fr. My. R.C. Bishop of Toronto.

fin a Letter on this subject, which I received from the Reverend Doctor Ryerson, then in France, he said ;-"I am glad of the decision of the Judges on the subject of the SeparateSchools. The Roman Catholics have continued to use the Nineteenth Section of the School Act in a very different way, from which was intended I suppose the late proceedings of the

Pope and of the Bishops in regard to separate education in Ireland have prompted this change. The decision of the Judges affords them due protection.

What also kept this feeling of suspicion and unrest, on the part of the Roman Catholic authorities, alive, was the constant efforts of prominent members of the House of Assembly, from 1851 to 1856, to repeal the Nineteenth Section of the School Act of 150. Generally, these gentlemen contented themselves with the introduction of a brief Bill, simply declaring that—

"The Nineteenth Section of the School Act of 1850 shall be, and is hereby, repealed."

Mr. Mackenzie, however, in his Bill of August, 1851, gives his reasons for doing so, in the preamble, as will be seen by referring to it on page 237 of this Chapter.

Mr. Mackenzie moved this Bill as an amendment to the Remedial Act of 1851. His amendment was rejected by a vote of 26 to 5, and the Bill was finally passed by the House of Assembly by a vote of 25 to 7. See page 239 of this Chapter.

NOTE. The foregoing is taken from pages 53-56 of the " Legislation and History of Separate Schools in Upper Canada from 1841 to 1876," By. J. George Hodgins, M. A. LL.D. Published by William Briggs, 29-33 Richmond Street West, Toronto, 1897,

EDUCATIONAL PROCEEDINGS OF THE LEGISLATIVE COUNCIL OF CANADA, 1851.

NOTE. For reference to the proceedings at the opening of this Session of the Parliament of Canada, on the 20th of May, see page 221 of this Chapter.

May 22nd, 1851. The Honourable Mr. Speaker. René E. Caron, presented a Petition from the Municipal Council of the United Counties of Stormont, Dundas, and Glengarry praying for certain amendments to the Upper Canada Common School Act of last Session.

May 26th, 1851. The Honourable John Ross presented a Petition from Doctor Alexander Burnside and others, Members of the United Church of England and Ireland, in the Diocese of Toronto; praying to be incorporated under the name and style of Trinity College.

The Order of the Day being read for moving the House, that an humble Address be presented to His Excellency the Governor General, praying that His Excellency will be pleased to be caused to lay before this House a copy of the Charter applied for to Her Majesty's Principal Secretary of State for the Colonies, by the Right Reverend and Honourable the Bishop of Toronto, for a College, or University, for the exclusive use of Members of the Church of England in Upper Canada, together with a copy of the Petition, and of the Correspondence which accompanied and has reference to the same,-it was

Ordered, That it be discharged, and that the said Motion do stand upon the Orders of the Day for Monday next.

June 2nd, 1851.-The Honourable Doctor Christopher Widmer presented a Petition from Doctor John Rolph and others, Licentiates in Medicine, praying that the Toronto School of Medicine may be incorporated.

The Honourable Etienne P. Taché presented two Petitions from the Right Reverend Joseph E Guigues, Roman Catholic Bishop of Bytown and others, inhabitants of Bytown aforesaid, praying for pecuniary aid for the College of that name.

Pursuant to notice, it was moved that an humble Address be presented to His Excellency the Governor General, praying that His Excellency will be pleased to cause to be laid before this House a Copy of the Charter applied for by the Right Reverend and Honourable the Bishop of Toronto, for a University, or College, for the Members of the Church of England, together with a copy of the Petition accompanying the same, and of the Correspondence relating thereto. It was then moved, in amendment, that after " thereto," at the end of the original Motion, there be added, "also, the Charter, as amended by certain of the Clergy and Laity of the Diocese of Toronto, and approved by the Lord Bishop.'

The question of concurrence being put thereon, the same was agreed to by the House. The question being then put on the main Motion, (as amended,) it was resolved in the affirmative, and ordered accordingly. It was farther,

*Several Papers on the Separate School Question will be found in a subsequent Chapter of this Volume. 16 D.E.