CHAPTER XIV.

EDUCATIONAL RETURNS LAID BEFORE THE HOUSE OF ASSEMBLY, IN 1852.

I. RETURN OF CORRESPONDENCE RELATING TO SEPARATE SCHOOLS. A BRIEF HISTORICAL SKETCH OF SEPARATE SCHOOL LEGISLATION IN UPPER CANADH.

As the "causes and consequences" of the Separate School Agitation, which took definite "form and shape" in 1850, are but imperfectly known, and are little understood at the present day, I propose in this Chapter to give a brief sketch of the History of the Question.

I do so chiefly for the reason, that the "Return of Correspondence" on the subject, which was made to the House of Assembly, on its Order, in 1852, is quite too voluminous and desultory to be inserted in this Volume.* I shall, therefore, deal only with the historical aspects of the question in this Sketch.

The Provinces of Upper and Lower Canada were united under one Legislature in 1840. Up to that time Separate Schools had no existence, except, probably, in the form of Private Seminaries, or in Convent Schools.

During the first Session of the Parliament of United Canada, in 1841, a vigorous effort was made to induce the Government and Legislature of that day to provide, in the Common School Act, for the use of the Bible as a Class or Text, Book in the Schools of the Province.

The then Governor-General, Lord Sydenham, who strongly recommended to the Legislature that: " due provision be made for the Education of the People," -which he declared to be " one of the first duties of the State," had evidently misgivings as to the unanimity of the Legislature on the subject. He, therefore, counselled the Members of both Houses, in his opening Speech from the Throne, that :

If it should be found impossible so to reconcile conflicting opinions so as to obtain a Measure which may meet with the approbation of all, steps may, at least, be taken

by which an advance to a more perfect system may be made.

Nor were the apprehensions of the Governor-General on this subject of dealing with the subject of popular education groundless. It was well known that, in the newly-elected House of Assembly, there were two active opposing educational forces. The one was desirous of giving, as they expressed it, a decidedly Christian and Scriptural character to the proposed Educational Legislation. With this object in view, they addressed strongly expressed Petitions to both Houses of the Legislature-to the number of forty-praying that the Bible, in its entirety, should be definitely prescribed as a Class, or Text, Book

*Those who wish to consult the Letters in this "Return" of 1852 will find them in the Appendix to the Journals of the House of Assembly for the Session of 1852, 53. These Letters were also published separately in pamphlet form, by Order of the House of Assembly.

in the Common Schools, about to be established, and liberally endowed, in the United Provinces of Canada. One section of this objecting force, representing the Church of England, petitioned the Legislature that children of that Church should be educated by that Church, with the aid of Public Grants and School Assessments. The other section of this opposing force contented itself with objecting to the principle of the proposed Common School Bill, and desiring that the Bill" should not become law until the opinion of Roman Catholics and that of other Religious Denominations be known."

This twofold question, thus raised in the first Legislature of Upper Canada, was felt at the time to present an almost unsurmountable difficulty in dealing satisfactorily with the subject of School Legislation. It having been raised there, when the establishment of a general and comprehensive System of Elementary Education was determined upon by the Government, need not have been a matter of surprise. It was inevitable, considering the past educational history of each of the Provinces, now united, for the first time, under one Government and Legislature.

THE SEPARATE SCHOOL QUESTION IN UPPER CANADA, 1841-1843.

In regard to Upper Canada, it was generally known at the time, that the Bible was in general use in the Schools of the Province, (although under no specific authority,) chiefly with a view to having verses from it being learned off, or memorized, by the pupils attending the Schools.

From the very first, public sentiment in Upper Canada was strongly in favour of public education being “based on Christian principles," as it was expressed, more or less distinctly, in the successive Charters of King's, Victoria and Queen's Colleges. This was the special plea of those who, more than fifty years ago, advocated the secularization of the Clergy Reserves to purely educational purposes. Some even favoured the diversion of this " Church Property" to educational purposes, on the ground that the education, which it would promote, would be so entirely" based upon Christian principles," that the so-called "secularization" would be the means-by reason of the wide diffusion of the Clergy Reserve Moneys-" of promoting the Christian Education of the whole people."

The first effort which was made to provide a System of Elementary Education for the United Province took shape in 1841, at the first Session of the Legislature of that year. The School Bill of that year was introduced into a mixed Legislative Body, composed of Members from both Upper and Lower Canada elected to act together for the first time, and, in this case, regarding a matter, on which the Representatives from each section of the United Province

* The circumstances under which the First School Bill was introduced into the House of Assembly of the United Provinces, in July 1841 are fully stated on pages 14-20 of the Fourth Volume of this Documentary History.

The result may

held very diverse views, and, in the main, very ill-defined ones. easily be imagined. A dead-lock ensued; and this dead-lock was only ended by the Government abrogating its functions, as defined by itself at the beginning of the Session, and submitting its own Measure-carefully prepared, as its framer, had explained—to a mixed General Committee of the House, not chosen geographically, or in proportion to the Members representing each section of the Province, but at haphazard, and by giving to Lower Canada about two-thirds of the Members of the Committee, and to Upper Canada only a little over onethird. The number of Members on the Committee, therefore, stood as follows: Lower Canada, fifteen, and Upper Canada, eight; or twenty-three in all.

The result of such a proceeding may have been easily anticipated by the more thoughtful men in the Legislature; but, if so, it could scarcely have been provided for by them. No Committee, under strong pressure from without, as was this one, could have given that judicious and careful consideration to the subject, which was necessary in dealing with so difficult and delicate a matter as this was. The time was too short, and the immediate object to be gained was too general and undefined to enable the Committee to lay down a safe and practical rule by which Separate Schools, if necessary, could be established. As it was, it recommended to the House that any number of persons, of either faith, by merely dissenting " from the Regulations, Arrangements and Proceedings of the Common School Commissioners," could establish a Separate School.

It is a matter of fact, that up to 1841, no Religious Body, or other person, mooted, much less advocated, the question of the necessity, or desirability, of Separate Schools as part of a General System of Education. Their establishment was, as I have shown, due to peculiar circumstances, and as the result of a dead-lock in the Legislature, and of an effort, in consequence thereof, at compromise and conciliation, under strong pressure from various opposing influences

It was the introduction of this principle of Separate Schools in the legislation of 1841 which gave rise to that prolonged and bitter controversy, and produced that unhappy discord which prevailed,-especially from 1850 to 1863.

UPPER CANADA SEPARATE SCHOOL LEGISLATION IN 1841 AND 1843.

In reply to a Letter which I addressed to the late Sir Francis Hincks, (who was a Member in 1841 of the first Parliament of United Canada), asking him why it was that the Government referred the School Bill to a General Committee of the House of Assembly, instead of dealing with it as a Government Measure (which it was), he wrote as follows, under date of Montreal, 15th August, 1884 :

"The School Bill was, as you state, introduced into the Legislature by the Honourable Solicitor-General Day, (late Honourable Mr. Justice Day,) without any clause in it relating to Separate Schools. Petitions were presented to the House, praying that the Bible should be made a Class-book in the Schools; and I imagine that the Government, to get rid of the responsibility of dealing with a very difficult question, proposed and carried a reference of the

Bill and the Petitions to a Select Committee of all parties in the House. That Committee wa about twenty-one in number.*

Having also asked Sir Francis Hincks if there had been, in 1841, any understanding among Lower Canada Members of the House of Assembly that, by the treaty of Capitulation of Quebec, Lower Canada Roman Catholics could demand Schools of their own Faith, as a right, he replied as follows:

I can assure you that no such question was raised as that of the right to Separate Schools, on the ground of the stipulations of the old Treaty of Capitulation.

I was entirely opposed myself to the Bible being made a Class-book in the Schools.

It was soon found that the General Education Law, framed in 1841 for the whole Province, was not acceptable to Upper Canada, or suitable to its needs, or condition. Nothing, however, was done in regard to education during the Legislative Session of 1842. But, in the next Session, the Honourable Francis Hincks having, since 1841, become a Member of the Government, as Inspector General, introduced a Common School Bill into the Legislature in 1843. In that Bill, no part of the Separate School Legislation of 1841 was included,—it being considered, at the time, objectionable in principle, and unjust and unwise in its financial detail. The strongest objection which was felt at the time to the law of 1841, so far as it related to Separate Schools, was to the element of discord in neighbourhoods which it authorized and practically sanctioned, by the general permission which it gave to those, who might express dissent to the official Regulations prescribed for the Government of Common Schools, to withdraw their children from the School, and set up a rival one in the same place.

The Upper Canada School Act of 1843 provided that the Course of Study and Text-Books agreed upon by the Trustees were subject to the approval of the Local Superintendent.

Provision was first made in this Act for the protection of those children whose parents, or guardians, objected to have them" read or study in, or from any religious book, or join in any exercise of devotion or religion."

The School Act of 1843 provided, in the following words, for the establishment of Separate Schools in Upper Canada: "that in all cases wherein the Teacher of a School shall happen to be a Roman Catholic, the Protestant inhabitants shall be entitled to have a School with a Teacher of their own Religious Persuasion "-and vice versa.

The Honourable Francis Hincks, in a Speech which he delivered in 1843 thus explained the reason why the Common School Act of 1841 was superseded by an Act introduced by himself in 1843, and, in the case of this Province, it was confined to Upper Canada alone, He said :

No one is more sensible than I am of the defects of the late School Law, so great indeed were they, that it has been found impossible to work it. The Common School Law

* The only reference to this matter which Sir Francis Hincks gives in the "Reminiscences of His Public Life" is the following:-"The Bill for establishing Common Schools, and for granting a liberal sum annually for their maintenance, was introduced by Mr. Solicitor Day, and was carried without opposition. It is worthy of notice that, after the introduction of the School Bill, a number of Petitions were presented, praying that the Bible should be adopted as a School Book. This led to the reference of the Bill to a large Select Committee, which recommended the introduction of the Separate School clause, which was not in the Bill as originally introduced." "Reminiscences," Pages 68 and 69.

12 D. E.

was not framed by any Ministry, responsible, or otherwise; it was hastily put together in a Select Committee of the House of Assembly. consisting of upwards of twenty Members; without that deliberation and care which such a Measure ought to have and received.

SEPARATE SCHOOL CORRESPONDENCE.-RETURN TO THE LEGISLATURE.

I. LETTER FROM THE CHIEF SUPERINTENDENT OF EDUCATION TO THE PROVINCIAL SECRETA RY.

On the 9th of September, 1852, a Communication from the Assistant Provincial Secretary was sent, by Command of the Governor General, to the Chief Superintendent, enclosing the copy of an Order of the House of Assembly, directing that "Copies of all Correspondence, which may have passed between the Roman Catholic Bishop of Toronto and the Superintendent of Education for Upper Canada, on the Subject of Separate Schools," be laid before the House. He replied as follows:

I have the honour to acknowledge the receipt of your Letter of the 9th instant, requesting me, by direction of the Governor General, to furnish you, at my earliest convenience, for the information of the Legislature, with a copy of all the Correspondence which has passed between His Lordship the Roman Catholic Bishop of Toronto and myself on the subject of Separate Common Schools.

On seeing the telegraphic report of the proceedings of the Legislative Assembly, applying for copies of that Correspondence, I took the requisite steps to get them prepared. I have the honour herewith to transmit them with an Appendix, containing copies of Documents and Proceedings referred to in that Correspondence, and without which some parts of the Correspondence itself cannot be fully understood, and as I suppose the object of the Legislative Assembly is to ascertain the nature and position of the Separate Common School question in Upper Canada.

TORONTO, 14th September, 1852.

EGERTON RYERSON.

LETTERS IV AND V IN THE SERIES OF THE SEPARATE SCHOOL CORRESPONDENCE OF 1852.

ARRAIGNMENT OF THE SCHOOL SYSTEM OF UPPER CANADA BY BISHOP DE CHARBONNEL, AND ITS DEFENCE BY DOCTOR RYERSON.

Of the many Letters and Documents included in this Return, asked for by the House of Assembly, there are only two of these Letters in the Return that I propose to insert in this Chapter.

The first of these Letters was written by Bishop de Charbonnel on the 24th of March, 1852. It differs from all of the other Letters written by the Bishop on this Separate School matter in this, that, instead of dealing in this Letter, as in others, solely with specific cases of complaint, in regard to individuals, or of alleged hardship in regard to a School, he formally attacks, in an elaborate Letter, the School System and its Administration as a whole. (See Letter Number IV in the Schedule).

The reply to this arraignment of the School System by Doctor de Charbonnel was not written by Doctor Ryerson for a month after its receipt,-that is, until the 24th of April, 1852;-owing to his absence, and to a desire to do so in a calm and dispassionate manner.