Documentary History of Education in Upper Canada

And the Question being again proposed, That the Bill be now read the third time; Mr. George Brown moved in amendment to the Question, seconded by Mr. Adam J. Fergusson, That all the words after "be" to the end of the Question be left out, in order to add the words: "recommitted to a Committee of the whole House to provide for the dismissal of all the present Professors, Teachers, and other Officers of the University of Toronto and of Upper Canada College, on the 31st January, 1854, "in the same manner and under the same conditions as the Professors of Law and Medicine are proposed to be dismissed by the Bill; also to fix the Salaries of "all Professorships and other Officers in University College and Upper Canada College, and to provide for filling up the said Professorships and other Offices with persons who are not unfitted for striving cordially and energetically to advance the Institution by conscientious scruples as to the "Godless character, which has been unjustly attempted to be fixed on the said Schools," instead thereof; And the Question being put on the Amendment; the House divided; and the names being called for; the result was that the vote stood a follows:-Yeas 2; Nays 46. So it passed in the Negative.

And the Question being again proposed, That the Bill be now read the third time; Mr. George Brown moved in Amendment to the Question, seconded by Mr. Adam J. Fergusson, That all the words after “be "to the end of the Question be left out, in order to add the words "recommitted to a Committee of the whole House, for the purpose of "declaring by express provisions what shall be the Professorships, Masterships, "and other Offices in University College and Upper Canada College respectively, and what Salary shall be attached to each Office," instead thereof; And the Question being put on the amendment; the House divided; and the names being called for; the result was that the vote stood as follows :Yeas 7; Nays 44. So it passed in the Negative.

And the Question being again proposed, That the Bill be now read the third time; Mr, George Brown moved in Amendment to the Question, seconded by Mr. Adam J. Fergusson, That all the words after "be" to the end of the Question be left out, in order to add the words "recommitted to a Committee of the whole House, for the purpose" of providing that public advertisement shall be made of any vacancy in any Professorship of the said Colleges, and the reception and consideration of applications by Candidates ere the said vacancy be filled up," instead thereof; And the Question being put on the Amendment; the House divided; and the names being called for; the result was that the vote stood as follows:Yeas 13; Nays 40. So it passed in the Negative.

And the Question being again proposed, That the Bill be now read the third time ; Mr. George Brown moved in Amendment to the Question, seconded by Adam J. Fergusson, That all the words after "be" to the end of the Question be left out, in order to add the words: "recommitted to a Committee of the whole House to provide that, "when the surplus Annual Revenue of the University Income Fund, for two successive" years, shall exceed the sum of Three thousand pounds, (£3,000 $12,000,) a College precisely similar to University College, with the same powers and under the same management shall be commenced in some other part of the Province, and for the support of which the said surplus Fund, and the surplus in future years thereafter, shall be applied; also, to provide that, so soon as the said additional College shall have been fully established, and the Surplus Funds shall exceed the demands upon it by the said College and University College, any further surplus shall be applied towards the erection and support of a third College in a different section of the Country, similar in all respects to University College ", instead thereof; And the Question being put in amendment; the House divided; and the names being called for; the result was that the vote stood as follows:- -Yeas 2; Nays 51. So it passed in the Negative.

And the Question being again proposed, That the Bill be now read the third time; Mr. John Langton moved in Amendment to the Question, seconded by Mr. John W. Gamble, That all the words after "be" to the end of the Question be left out, in order to add the words "recommitted to a Committee of the whole House, for the purpose of "amending the Seventeenth and Eighteenth Sections of the Bill, so that the Senate, whilst " preserving the power to determine the subjects of examination of Canditates for "Degrees, shall not be empowered to control the course of instruction to be pursued in the affiliated Colleges instead thereof; And the Question being put on the Amendment; the House divided :-and it passed in the Negative. Then the main Question being put ; it was,

Ordered, that the Bill be now read the third time. The Bill was accordingly read the third time.

The Honourable Francis Hincks moved, seconded by the Honourable Attorney General W. B. Richards, and the Question being put, That the Bill do pass, and the title be: "An Act to amend the Laws relating to the University of Toronto, by separating its Functions as a University from those assigned to it as a College, and by making Better Provision for the Management of the Property thereof, and that of Upper Canada College; " the House divided And the names being called for; the result was that the vote stood as follows:- Yes 57. Nays 3. So it was resolved in the Affirmative. It was then,

Ordered, That the Honourable Francis Hincks do carry the Bill to the Legislative Council, and desire their concurrance.

April 15th, 1853. Pursuant to the Order of the Day, the following Petition was read :-Of the Reverend J. Nelligan and others, Officers and Members of the St. Patrick's Catholic Institute, Quebec; praying for the passing of an Act to declare, in distinct terms, that the Roman Catholics of Canada West shall have all the rights as to Separate Schools enjoyed by the Protestant Minority of Lower Canada.

April 18th, 1853. Pursuant to the Order of the Day, the following Petition was read: Of the Honourable Philippe Panet and others, Roman Catholics, of the City of Quebec; praying that the Roman Catholics of Upper Canada may be granted the privileges with reference to Separate Schools, for which they have petitioned during the present Session.

April 19th, 1853. The Committee on Standing Orders reported that they had examined the Petition of the Reverend John Roaf, for incorporation of the British American Institute for the education of Persons of Colour, and are of opinion that it does not come under the provisions of the 64th Rule of the House.

Pursuant to the Order of the Day, the following Petition was read:-Of Mr. Michael D. Garder and others, of the Township of Willoughby, County of Welland, praying that the Bill relating to the University of Toronto may not pass into Law.

April 22nd, 1853. A Message from the Legislative Council, by Mr. John Fennings Taylor, one of the Masters in Chancery, was received, stating that the Legislative Council have passed the following Bill, without Amendment; videlicet: "An Act to amend the Laws relating to the University of Toronto, by separating its Functions as a University from those assigned to it as a College, and by making better Provision for the Management of the Property thereof, and of that of Upper Canada College :"

A Message from His Excellency the Governor General, by Mr. René Kimber, Gentleman Usher of the Black Rod, was received as follows:

Mr. SPEAKER,

His Excellency the Governor General desires the immediate attendance of this Honourable House of Assembly in the Legislative Council Chamber. Accordingly, Mr. Speaker, with Members of the House, went to the Legislative Council Chambers :-And being returned;

Mr. Speaker reported, That, agreeable to the Commands of His Excellency the Governor General, the House had attended upon His Excellency in the Legislative Council Chamber, where His Excellency was pleased to give, in Her Majesty's Name, the Royal Assent to the following Public Bill

An Act to Amend the Laws relating to the University of Toronto, by separating its Functions as a University from those assigned to it as a College, and by making Better Provision for the Management of the Property thereof, and that of Upper Canada College.

April 27th, 1851. Pursuant to the Order of the Day, the following Petition was read :— Of Mr. Peter Murtagh and others, for the Town of London; praying for certain amendments to the Common School Act of 1850.

April 28th, 1853. A Bill from the Legislative Council, intituled: "An Act to Incorporate the Hamilton College was read for the first time. On motion of the Honourable Mr. Macdonald, seconded by the Honourable Mr. Hincks, it was,

Ordered, That the Bill be read a second time on Monday next.

April 29th, 1853. The Order of the Day for the second reading of the Bill to amend the Law relating to Grammar Schools in Upper Canada being read; The Bill was accordingly read a second time; And committed to a Committee of the whole House, for Tuesday next.

May 3rd, 1853. The Order of the Day for the second reading of the Bill Supplementary to the Common School Act of Upper Canada. being read; The Bill was accordingly read a second time; And committed to a Committee of the whole House, for Friday next.

May 12th, 1853. The Honourable A. N. Morin, presented, pursuant to an Address to His Excellency the Governor General, a Return to an Address from the Legislative Assembly to His Excellency the Governor General, dated the 30th March last, praying that His Excellency would be pleased to cause to be laid before the House, a Statement of the monies which have been received from the sales of all Public Lands since the 30th May, 1849, under the provisions of the First Section of the Act passed on that date, intituled: "An Act to raise an Income of One Hundred Thousand pounds, (£100,000) out of the Public Lands of Canada, for Coinmon School Education;"*also, a Return of the One Million of Acres of Land set apart for the purpose of creating a Fund for the establishment and support of Common Schools and District Libraries, and not to be alienated for any other purposes whatever, shewing where the same is situated, the price originally fixed per acre for same, the number of acres sold, the amount paid thereon, and invested under the Second Section of the aforesaid Act, and the charges for management and sale thereof in each year.

May 13th, 1953. The Special Committee appointed to consider the Petition from the United Counties of Lincoln and Welland reported that they had examined the Petition of the Reverend A. F. Atkinson and others, Trustees of the St. Catharines Grammar School, praying for aid in behalf thereof.

The said Institution, the Committee stated, was of great local importance, and that it was situated in the centre of 5,000 inhabitants. The classical scholars educated there have, for a number of years past, been eminently successful in their various professions. Your Committee, therefore, considering that this is an Institution well worthy of public aid respectfully recommend that a portion of the amount annually appropriated for the promotion of Education, be specially granted to the St. Catharines Grammar School.

May 17th, 1853. The House, according to Order, resolved itself into a Committee on the Bill to amend the Law relating to Grammar Schools in Upper Canada: And, after sometime spent therein, Mr. Speaker resumed the Chair; and Mr. Edward Malloch, the Chairman of the Committee, reported, that the Committee had gone through the Bill, and made amendments thereunto Ordered, That the report be now received. Mr. Malloch reported the Bill accordingly; And the Amendments were read, and agreed to. It was then ordered, that the Bill be read the third time To-morrow.

May 18th, 1853. A Bill to amend the Law relating to Grammar Schools in Upper Canada, was, according to Order, read the third time, and it was resolved that the Bill do pass, and that the Honourable Attorney General W. B. Richards do carry the Bill to the Legislative Council, and desire their concurrence.

May 19th, 1853. The Orders of the Day for the second reading of the Bill from the Legislative Council, intituled: "An Act to Incorporate the Hamilton College," being read; the Bill was accordingly read a second time; and referred to a Select Committee, composed of Sir Allan N. Macnab. Mr. George Brown, the Honourable William Badgley, Mr. John Langton, and Mr. George P. Ridout, to report thereon with all convenient speed; with powers to send for persons, papers, and records.

May 28th, 1853. A Message from the Legislative Council, by Mr. John Fennings Taylor, one of the Masters in Chancery:-was read to the effect that the Legislative Council had passed the following Bill, without amendment; videlicet :

Bill, intituled : An Act to amend the Law relating to Grammar Schools in Upper Canada."

May 30th, 1853. Pursuant to the Order of the Day, the following Petition was read: Of the Municipal Council of the County of Kent, praying that the Bill Supplementary to the Common School Act of Upper Canada may not pass into Law, insomuch as the said Bill will, in effect, destroy the present working of the Common School System.

June 3rd, 1853. The Order of the Day for the House in Committee on the Bill Supplementary to the Common School Act of Upper Canada, being read; Mr. George Brown moved, seconded by Mr. William L. Mackenzie, and the Question being proposed, That it be an instruction to the said Committee, that they have power to make provision in the said Bill, for the repeal of such Sections of the School Acts of Upper Canada now in force, as authorize the establishment, or continuance, of Separate Schools, and for the removal from the said Supplementary Bill of all recognition of any portion of the community in a sectarian capacity;

Mr. David Christie moved in amendment to the Question, seconded by Mr. John Langton, That the words and also to make provision, that, in the management of any Common School which derives any portion of its support from the funds of the Province, there shall be

• A copy of this Act, as originally introduced into the House of Assembly by the Honourable James Harvey Price, Commissioner of Crown Lands, will be found on pages 116, 117 of the Eighth Volume of this Documentary History. It was assented to by the Queen in Council on the 9th of March, 1850. See page 2 of the Ninth Volume of this History.

no teaching or other practice permitted, which can, in any way, do violence to the religious feelings, or opinions, of any child, or of the parent, or guardian, of any child attending such Common School" be added at the end thereof. And the Question being put, that these words be there added; the House divided: and the names being called for, the vote stood as follows:— Yeas 16; Nays 46. So it passed in the Negative.

Then the Main Question being put; the House divided; and the names being called for, the vote stood as follows :-Yeas 11; Nays 46. So it passed in the Negative.

The House then resolved itself into the said Committee and after some time spent therein, Mr. Speaker resumed the Chair; and Mr. Joseph E. Turcotte, the Chairman of the Committee, reported, That the Committee had gone through the Bill, and made amendments thereunto. It was then ordered that the Report be received To-Morrow.

June 4th, 1853. The Order of the Day for the second reading of the Bill to repeal such Clauses of the Common School Acts of Upper Canada, as authorize the establishment of Sectarian Schools endowed with public Money, being read; it was ordered, that the said Order be discharged.

June 6th, 1853. Ordered, That the Return relative to School Lands, which was presented on the twelfth of May last, be printed for the use of the Members of this House.

The Order of the Day for receiving the Report of the Committee of the whole House on the Bill Supplementary to the Common School Act of Upper Canada, being read; and the Question being proposed, That the Report be now received; Mr. Benjamin Seymour moved in Amendment to the Question, seconded by Mr. Henry Smith, That all the words after "That " to the end of the Question be left out in order to add the words "the Bill be now recommitted to a Committee of the whole House, for the purpose of leaving out the Proviso in the Thirteenth Section, and inserting the words: "Provided always, that no rate, or assessment, upon property shall be imposed by the Trustees in any School Section, unless the same shall have been first agreed to by a majority of the legally qualified rate-payers present at the annual School Section Meeting, authorized to be held under the provisions of the Upper Canada School Act of 1850, anything contained in the said Act, or in this Act, to the contrary notwithstanding" instead thereof. And the question being put on the Amendment; the House divided: and the names being called for, the vote stood as follows :-Yeas 14; Nays 27. So it passed in the Negative.

And the Question being again proposed, That the Report be now received; Mr. John W. Gamble moved in amendment to the Question, seconded by Mr. Asa A. Burnham, that all the words after "That" to the end of the Question be left out, in order to add the words : "the Bill be now recommitted to a Committee of the whole House, for the purpose of leaving out the words: "That the Trustees of each School shall have the same authority to assess and collect School Rates, for the purpose of purchasing School Sites and the erection of School Houses, as they are now, or may be invested with by law, to assess and collect Rates for other School purposes in the Sixth Section, and inserting the words: "That, whenever the Trustees of any Common School shall decide upon raising any sum of money by assessment on the ratepayers liable thereto, for the purpose of purchasing a School Site for the erection of a School House, or for any other School purposes, it shall be their duty, on, or before, the first day of August in each year, to make application to the Council of the Municipality within which such School is situated, by requisition, stating the amount necessary to be raised, together with the purpose for which the money is wanted, which Requisition shall be signed by the Trustees, and be under the Seal of their Corporation; and it shall be the duty of such Municipal Council, and they are hereby required, forthwith, to cause the sum applied for, together with five per cent thereon, to cover the expense of collection and other necessary abatement, to be assessed rateably upon all the rate-payers liable to pay such Assessment, and to be placed upon the Collector's Roll, for the then current year, and such rate shall be collected in the same manner as other rates, and paid over to the Treasurer of the Municipality at the same time with the other rates imposed by such Municipal Council, subject to the Order of the Trustees of such Common School, anything contained in any Law, now in force, to the contrary notwithstanding" instead thereof; And the Question being put on the Amendment; the House divided And it passed in the Negative

And the Question being again proposed, That the Report be now received; Mr. Thomas C. Street moved in amendment to the Question, seconded by the Honourable W.B. Robinson, that all the words after "That" to the end of the Question be left out, in order to add the words: "The Bill be now recommitted to a Committee of the whole House, to consider the propriety of leaving out the Proviso of the Seventeenth Section "instead thereof; And the Question being put on the Amendment; the House divided: And it passed in the Negative.

Then the main Question being put ; it was ordered that the Report be now received. Mr. Turcotte, the Chairman, reported the Bill accordingly; and the Amendments were read, and agreed to.

The Honourable Attorney General W. B. Richards moved, second by the Honourable John Rolph, and the Question being proposed, That the Bill be read the third time To-morrow. Mr. William L. MacKenzie moved in Amendment to the Question seconded by Mr. George Brown, That the word "To-Morrow" be left out, and the words : "this day six months added instead thereof; and the Question being put on the Amendment, the House divided; and the names being called for, the vote stood as follows:- Yeas 9. Nays 41. So it passed in the Negative. Then the main question being put, it was ordered, that the Bill be read the third time To-morrow.

June 7th, 1853. The Order of the Day for the third reading of the Bill Supplementary to the Common School Act of Upper Canada, being read; The Honourable Attorney General W.B. Richards, moved, seconded by the Honourable Attorney General Louis T. Drummond, and the Question being put, That the Bill be now read the third time; the House divided: And the names being called for, the vote stood as follows:-Yeas 40; Nays 17. So it passed in the affirmative. The Bill was accordingly read the third time and passed. It was then,Ordered, That the Honourable Attorney General W. B. Richards do carry the Bill to the Legislative Council, and desire their concurrence.

June 10th, 1853. A Message from the Legislative Council, by Mr. John Fennings Taylor, one of the Masters in Chancery, was received and read as follows: The Legislative Council has passed the following Bill, without amendment; videlicet :-Bill, intituled: An Act Supplementary to the Common School Act for Upper Canada.

June 14th, 1853. A Message from His Excellency the Governor General, by Mr. René Kimber, Gentleman Usher of the Black Rod, was read as follows:

MR. SPEAKER,

I am commanded by His Excellency the Governor General to acquaint this Honourable House, that it is the pleasure of His Excellency that the Members thereof do forthwith attend him in the Legislative Council Chamber.

Accordingly Mr. Speaker, with Members of the House, went up to attend His Excellency; where His Excellency was pleased to give, in Her Majesty's Name, the Royal Assent to the following Public Bills :—

An Act to amend the Law relating to Grammar Schools in Upper Canada.

An Act Supplementary to the Common School Act for Upper Canada.

2. EDUCATIONAL PROCEEDINGS OF THE LEGISLATIVE COUNCIL, 1852, 1853.

This Session of the Legislature of Canada of 1852, 1853 was opened by His Excellency the Governor General with the usual Speech from the Throne, in which he made no reference to any educational subject.

August 23rd, 1852. The Honourable J. Emelius Irving presented a Petition from the Municipal Council of the United Counties of York, Ontario and Peel, praying that a portion of the expenses of the Circuit Board of Public Instruction be paid by the City of Toronto.

The Honourable E. P. Taché presented a Petition from the Municipal Council of the United Counties of Lanark and Renfrew, praying that the proceeds arising from the sale of the Clergy Reserves, may be applied to Common School purposes.

August 30th, 1852. The Honourable J. Emelius Irving presented a Petition from the Municipal Council of the United Counties of Stormont, Dundas and Glengarry, praying that the Clergy Reserves may be sold and the proceeds applied to Common School purposes.

August 31st, 1852. The Honourable Henry J. Boulton presented a Petition from the Municipal Council of the County of Simcoe, praying that the Twenty-eighth Section of the Common School Act of Upper Canada of 1850, relating to the examination of Teachers may be so amended as that the County Councils may exercise a control over the expenditure of money therein indicated.

September 1st, 1852. The Honourable Hamnett Pinhey presented a Petition from the Roman Catholic Clergy on both banks of the Ottawa River, praying for pecuniary aid in behalf of the College in Bytown.

The Honourable Mr. Speaker presented a Petition from the Honourable John Elmsley and others, Roman Catholic inhabitants of the Diocese of Toronto, praying that the Nineteenth Section of the Common School Act of Upper Canada of 1850, may be amended, and that the Rights and Privileges of Separate Schools may be clearly and distinctly defined.

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Documentary History of Education in Upper Canada, Volume 10