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THE

UNIYERSITY QUESTION

CONSIDERED;

BY A graduatp:.

Multi dubltabant, quid optimum esset ; multi, quid sibi expediret ; muiti, quid deceret ;
nonnulll etiam, quid liceret.

CICERO.

:k,^

TORONTO:

H. & W. ROWSELL, KING STREET.

;&u;.- 1845.

*i:. ''.

THE UNIVliRSriT QUKSTIOX.

There can be no doubt that tlic discovery of a satisfactory
mode of settlinj^ the University question is the most importjint
and difficult subject, to wliicli tlio Lej^ishiture is expected to
direct its attention, durinjr the present se^i>sion.

Its importance must be evident to every one, who is sensible
of the value of education, and can appreciate the influence,
which the University must exercise on the future welfare of
the province, by the manner in which it discharges the \\\<rh
duty, which devolves on it, of forming the relij^ious, moral,
and intellectual character of those, who are destined hereafter
to give a tone to society, and direct the public mind. The
subject, intrinsically momentous, derives additional importance
from the circumstances of the institution which it is proposed
to modify; — King's College having been the first University
established in Western Canada by royal charter, and enjoying
an endowment of considerable value, conferred on it by royal
grant — and from the consideration, that a vast amount of
property may be affected by the decision in this case to be
pronounced.

Nor is the difficulty of the queSt li less apparent than its
importance. The best mode of adapting public educational
establishments to the wants and wishes of a mixed population
is a problem, which has never yet been satisfactorily solved;
and one of the peculiarities of the present enquiry, which
causes additional doubt, is, that the legislature have to consi-
der not merely ic/iat is to be done — but how it is to be done.

Every one, it may be presumed, will admit, that the essen-
tial requisites of a satisfactory settlement of the question are,
that strict regard should be paid to justice — that the greatest
amount of benefit to the community should be secured — and
that the settlement should be final.

It is impossible that Jiny arranp^cmont, which does not
possess tliesc characteristics, can l)e regarded as satisfactory.
Nothiiifif can be really expedient, or produce permanent
content, whereby the ^reat principles of justice are contra-
vened — neither can any public establishment possess or retain
that hold on the favour of the community essential to its
continued ])rosperity, which is not so constituted as to warrant
its efficient operation, and to ensure the attainment of its
peculiar objects — nor yet, even if the demands of justice
should be satisfied, and efficiency secured — can any measure
be considered complete, which admits subsequent modifica-
tions, whereby these equitable arrangements may be disturbed,
and the practical working interrupted or stopped.

It is proposed in the following pages to consider the
University question under these heads, and inquire whether
any settlement can be devised, which will at once satisfy the
just claims of the parties interested, — secure to the community
the advantages which ought to be expected, and ensure to
posterity the enjoyment of the benefit.

But previously to entering on this, it is proper to consider
whether the present state of affairs in the University is such
as to require or justify change. It might reasonably be
supposed, that as the charter has already been the subject of
discussion in the legislature, and the bill in which the modifi-
cations, which appeared to them desirable, were embodied,
received the royal assent, and is now the authority under
which the institution is conducted, nothing further remained
to be done. And yet speeches, editorials, pamphlets, and
petitions, might be adduced as evidence of the existence of a
feeling of dissatisfaction, either with the principle, or with the
working of the charter as thus modified. Before considering
the validity or invalidity of the alleged causes of this dissatis-
faction, it seems expedient to trace the progress of the feeling
during the last two years.

In February, 184.3, a deputation from the trustees of
Queen's College, Kingston, visited Toronto, for the purpose

comi

the

detai

adva:

tatioi

Som

betrj

foun

undc

oes not

factory.

'manent

contra-

or retain
I to its
warrant

rit of its
justice
measure

modifica-

listurbed,

sider the
whether
atisfy the
)mmunity
ensure to

consider
ity is such
onably be
subject of
he modifi-
embodied,
pity under
' remained
)hlets, and
5tence of a
»r with the
onsidering
lis dissatis-
the feeling

trustees of
he purpose

of ascertaining the views of the members of the Couneil of
King's CoHege, relative to a union, whicli tliey were autho-
rised to propose, of the two Institutions. The project was
received with no favour, und the deputation returned witliout
having accomplished the object of their journey, but not until
it had been intimated with sufficient clearness — alia (if///n>-
diemur via — and the outlines of a general plan had been
communicated. In the autumn of that year, appeared the
statement of the trustees of Queen's College, in which the
claims of all denominations to equal participation in the benefits
of King's College were urged, and systematic agitation of
the subject recommended.

The movement, which was thus commenced, was kept up,
with more or less spirit, until it received additional impulse
from the resignation of the late Executive Council, and the
necessity for appointing a new administration. Since that
time, the University question has been viewed more in its
political than in its religious bearings, and is now regarded by
the opponents of the present government as a most powerful
instrument for producing embarrassment, and causing dis-
union amongst its members and supporters. Much of the
excitement, then, which exists on the subject, may be rea-
sonably ascribed to the agitation got up by those, whose
interest it was to disturb the existing state of things in the
Institution, or who regarded the introduction of the topic as
useful for electioneering manoeuvres and party purposes. But,
however, the principal point is, the justice or injustice of the
complaints, which have been and still are made, relative to
the Institution. It is not intended at present to pursue a
detailed investigation into all the charges which have been
advanced. Some are so absurd that they require no refu-
tation, and others so minute that they do not deserve notice.
Some, again, shew nothing but personal antipathy; others
betray total ignorance of the subject; whilst all these, if well
founded, are capable of being remedied by the authorities
under the existing constitution. Those, however, which are

l^i'iuTulIy iulvaiu'cd as the ^ruuiids for tlic iiitorforcnco of tli<»
li>gi.sluture, and to wliii'li all otIiorM arc merely auxiliary^ shall
lu> aN fully eoiiMidcred as the limited H|)aL'e, which can be at
present \r\\'vi\ to the subject, will permit.

It has been asserted, that the University is merely theo-
retically, and not really, open to the comnuniity at larj^e,
und that the provisions of the Act of 18>'37 have not been
carried out.

To this, the obvious reply is derived from reference to facts,
whereby it will appear, that of the professors of the Insti-
tution, there are two not members of the Ciiurch of England,
one being a Roman Catholic and the other a Presbyterian
minister; and that of the students, being in all about sixty,
twelve are not members of that church, but belong to different
denominations, comprising the Clmrch of Rome, the Estab-
lished Church of Scotland, the Free Church, the Congrega-
tionalist and Lutheran persuasions. Nor is any of these
required to make any declaration, or engage in any religious
duty which he may esteem inconsistent with the articles of
his belief, or the usages of his denomination. But, it is said,
the majority of the members of the University — officers,
professors and students — arc of the Church of England, and
it is in this that the exclusiveness consists.

As it is absurd to apply this objection to those who are
connected with the University merely ex officio, and who may
be members of any denomination ; the observations on this
point may be limited to the president, professors, and stu-
dents, of whom it is admitted, that the majority are members
of the Church of England. But who is responsible for this?
Certainly not the council or managers of the institution, who
had not even a voice in the appointment of the president and
professors, and whose duty it was to receive any students
who presented themselves, without reference to their religious
opinions.

The Lord Bishop of Toronto is president of the University,
but not as Bishop, but because he was named by the Sove-

'IICO of tllff

lliuryt shall
|i cuii he at

loroly theo-
ly at lar^f,
le nut been

ncc to factSf

f the Insti-

of En^rlund,

.*rcsbyterian

about sixty,

; to different

the Estiib-

3 Congrega-

my of these

[iny religious

he articles of

Uit, it is said,

iity — officers,

j^ngland, and

lose who are
and who may
tions on this
ors, and stu-
are members
sible for this?
stitution, who
president and
any students
;heir religious

le University,
by the Sove-

reign, in the urigiiial (.■iiartcr; and the fenurcof his ofliee mm
not affected by the act modifyiii;r that charter. The riglit of
appointing profcMsors, in vested by the charter in the Chan-
cellor; and in pursuance of that rijiht, Sir Charles IJagot
appointed eight professors, and Sir Charles Metcalfe four.
If there is blame to attach to any one for the preponderance
of members of the C'hurch of Kngland, amongst the professors,
that blame must attach to the Chancellor. And yet it is
certain, that of the twelve there was but one case (exclusive
of the Professor of Divinitv) in which selection was made
with any regard to religious tenets — that case being in favour
of the Church of Scotland ; and — even if this be (piestioned —
it is easy to prove that the preponderance was not the effect
of design on the part of any one, but of circumstances which
necessarily produce<l that result.

Without meaning in the least to disparage or depreciate
the ability or attainments of members of other denominations,
or to withhold the praise, which is justly due to the distin-
guished men, who have adorned or still adorn their ranks, it
is beyond question, that the greater number of those, who are
known to be highly qualified in the different departments of
academic study, belong to the CMiurch of Kngland. Many
causes contribute to produce this result — of which the most
obvious are, the immense number of sfudents educated in
Oxford, Cambridge and Dublin, (the two former exclusively
— the latter almost exclusively — limited to members of that
Church), and the high reputation in which the distinctions,
acquired in those universities, are held as criteria of qualifi-
cations. Even in this province, it is believed, a corres-
ponding disparity of numbers exists amongst those who have
taken degrees or enjoyed the advantages of a university edu-
cation. If then the Church of England universities have
educated the greater number of students, and sent forth the
greater number of graduates — the reason must be evident
(without entering into particulars) why the greater number
of professors in an open university, particularly one situated

I i

I f

in a region, in which lier members form more than one-fourth
of the whole population, should belong to that church. And
this view is strongly supported by adverting to that one
department in which the majority of graduates is supplied
by the Scotch universities, — that of medicine. Amongst the
professors of the school of medicine attached to the University
of King's College, there are but three »vho have taken univer-
sity degrees ; and of these one is a graduate of Dublin, the other
two of Edinburgh ; and of the two gentlemen (not professors)
who were admitted to degrees in medicine, at the recent
convocation, one was a graduate of Edinburgh, the other of
Aberdeen. The fact is, that even at home the charge of the
literary and scientific departments is confided to the graduates
of Oxford, Cambridge and Dublin, in institutions from which
it might be supposed that their episcopalian tenets would have
excluded them. It is sufficient, in elucidation of this, to observe,
that one of the greatest ornaments of the University of Glasgow,
was a member of the Church of England, son of the Bishop of
Edinburgh, and educated in Oxford — Sir Daniel Sandford, pro-
fessor of Greek; — that the chair of Mathematics in Edinburgh is
filled by the Rev. P. Kelland, a clergyman of the Church of
England, and educated in Cambridge ; and that in the Belfast
institution, (a Presbyterian establishment), the department
of Natural Philosophy is conducted by the Rev. J. Stevelly,
a clergyman of the Church of England, and educated in Dublin.
But it is unnecessary to dwell on this point. In a pamphlet,
recently published under the title of " Thoughts on the Uni-
versity Question, &c." by a Master of Arts, who is evidently
not a member of the Church of England, nor a graduate of Ox-
ford, Cambridge, or Dublin, it is admitted with great candour,
that it is " most probable" — even under the new constitution
of the university, which he recommends — that the majority
of the professorships, if unrestricted and open to all denomi-
nations, would be filled by adherents of the Church of England
— nay more — that it is even "desirable." On what grounds,
then, can he reasonably complain of the majority at present

tlian one-fourth
t church. And
ng to that one
ites is supplied
Amongst the
• the University
'e taken univer-
•ublin, the other
(not professors)

at the recent
h, the other of
e charge of the
» the graduates
ons from which
lets would have
;his, to observe,
ity of Glasgow,
f the Bishop of
Sandford, pro-
n Edinburgh is
tlie Church of
in the Belfast
e department
^ J. Stevelly,
t*jdin Dublin.
1 a pamphlet,

on the Uni-

is evidently
iduate of Ox-
reat candour,

constitution
the majority
) all denomi-
1 of England
hat grounds,
y at present

)

existing, which, it appears, is almost the necessary result of

circumstances beyond the power of legislation to alter, —

unless, indeed, special provisions were made for the proscription

of that church — and which he himself acknowledges to be a

•result, that even when the Charter shall have been modified

according to his wishes, is more to be desired than deplored?

But it is urged, the establishment of Divine service

according to the rites of the Church of England and Ireland,

is convincing evidence of the exclusiveness of the institution.

) Now there are two points to which this objection may

be applied — to the establishment of Divine service at all,

'or to its being according to the ritual of that Church. There

<are, it is hoped, very few who would advocate the entire

removal of religious duties from an institution designed for

'the education of the young. There are, it is believed, very

few christian parents who would desire to send their sons to

an establishment from which every acknowledgement of

(Christianity was systematically proscribed. Nor does the

• charter of the University leave the views of the royal founder

on so important a matter in doubt. The preamble states that

one of the objects contemplated in the establishment of the

College, was "the education of youth in the principles of the

•Christian religion;" and the making provision "concerning

the performance of Divine service therein, " is specially stated

as part of the duties of the College Council. Nor have those

clauses been repealed or modified by the act of 1837. If then

it appeared to be essential, that Divine service should be

established, surely all the different forms, in which it is

celebrated by the different denominations, could not have been

adopted; and if any one was to be preferred, undoubtedly

the United Church of England and Ireland had a right

to the preference, as the church to which the founder of the

University belonged ; and which is the established church in

two of the three kingdoms of which the parent state is

composed; and that, also, to which it was most probable that

the majority of the members of the University would belong.

Mil

But another evidence of the exclusive character of the
institution, has been derived from the appointment of a
professor of Divinity belonging to the Church of England.
As it is evident that the University could not support a
professor in that department, belonging to each denomina-
tion, nor is there any satisfactory principle, on which some
should be preferred to others, the question relative to this
may be reduced to an enquiry, why the Presbyterians,
claiming as the established Church of Scotland, should
have been excluded. To this the plain reply is, that by
establishing Queen's College, they excluded themselves.
There was, there is reason to believe, an intention in certain
quarters, of establishing a chair of divinity in King's College
for that denomination, but the necessity of making any such
provision was removed by the foundation of a University
entirely under their management. Indeed it has been assert-
ed, that during the progress of the bill for the establishment
of that institution, a stipulation was entered into that a certain
sum should be appropriated from the funds of King's College,
for the support of a professor of divinity in their college.

It appears, then, that the charge of exclusiveness which has
been so repeatedly advanced against the University, is to be,
taken in a limited sense — for no one can, with truth, say, that
it is entirely in the hands of any one denomination — and thai
the influence, which the Church of England is admitted to
possess in it at present, arises from these circumstances;
that the legislature confirmed the President in the office, tc
which he had been appointed by the Sovereign, and scrupled
to repeal the provision of the charter relative to the performance
of divine service — that the Chancellor, in appointing the
majority of the professors, was not influenced by regard to the
difference of their creeds — that the members of the Church ol
England are generally better able or more willing to give tc
their sons the advantages of a university education — an^
that the Presbyterians had established a university foi
themselves.

"' ofU.

haracter of the
pointment of a
■cli of England.

not support a
sacli denomina-
on which some
relative to this li

Presbyterians, ,
Gotland, should |
ply is, that by |
led themselves. 3
jntion in certain ^
1 Kings College
flaking any such
Df a University ;
has been assert-
le establishment ^
to that a certain v
King's College. •
eir college,
v^eness which has |
iversity, is to be^
1 truth, say, that S
nation — and that if
1 is admitted to I

circumstances;

in the office, tc

gn, and scrupled

the performance

appointing the
by regard to the
of the Church ol
illing to give to

education — and
I university foi

Another charge, which has been urged as furnishing
grounds for legislative interference, is, that the funds of the
University have been wasted and misapplied by those who
have had the management of them.

Before entering into particulars, it is proper to consider who
the parties were or are, against whom this charge has been
advanced, as the probable truth or falsehood of it must in a
great degree depend on their characters.

In a publication, bearing the title of " Proceedings at the
Ceremony of laying the Foundation Stone, &c." which
appeared in 1843, from the press of Messrs. H. & W. Rowsell,
Toronto, there is a list of all the members of council, from
the foundation of the institution. From it the subjoined
synopsis has been framed.

1828.
His Excellency Sir Peregrine Maitland, Lieutenant-Governor, &c.
The Hon. and Ven. John Strachan, Archdeacon of York.
The Hon. Sir Wm. Campbell, Chief Justice.
The Hon. Thos. Ridout, Surveyor-General.

The Rev. Thos. Phillips, D.D., Head Master of Royal Gramniar School.
John B. Robinson, Esq., Attomey-GeneraL
Henry J. Boulton, Esq., Solicitor-General.
Grant Powell, Esq.

1829.
Hia Excellency Sir John Colbome, Lieutenant-Governor, &c.
The Hon. and Ven. John Strachan, &c.
The Hon. Sir Wm. Campbell, &c.
The Rev. Thos. Phillips, D.D., &c.
The Hon. J. B. Robinson, Chief Justice.
Henry J. Boulton, Esq., Attorney-General.
Grant Powell, Esq.
Christopher Widmer, Esq.

1830.
The same as above, with the exception of Rev. J. H. Harris, D. D., Principal
of U. C. College, in place of Sir Wm. CampbelL

1831.
As above.

1832.
As above.

ill

1833.
As above.

1834.
As above, with the exception of R. S. Jameson, Esq., Attorney-General, i»
place of H. J. Boalton, Esq.

1835.
As above.

1836.
As above, with the exception of Sir F. B. Head, &c., Lieutenant-GoTemor,.
in place of Sir John Colbome.

1837.
His Excellency Sir F. B. Head, &c., Lieutenant-Governor.
The Hon. and Ven. Archdeacon Strachan.
The Hon. J. B. Robinson, Speaker of the Legislative Council.
The Hon. Sir A. N. Macnab, Speaker of the House of Assembly.
Christopher A. Hagennan, Esq., Attomey-GeneraL
The Hon. W. H. Draper, Solicitor General.
The Rev. Dr. Harris, Principal of U. C. College.
The Hon. R. S. Jameson, Vice Chancellor of Court of Chancery,
The Hon. R. B. Sullivan, President of Executive CounciL
The Hon. W. Allan, Member of Executive CouneiL
The Hon. John Macaulay.
The Hon. J. S. Macaulay.

1838.
As above, with the exception of Sir George Arthur, &c., Lieutenant-Governor,
in place of Sir F. B. Head.

1839.
As above, with the exceptions of the Hon. J. Jones, in place of Hon. J. B.
Robinson, and of Rev. Dr. McCaul, Principal of U. C. College, in place of
Dr. Harris.

1840.
As above, with the exceptions of the Right Hon. C. P. Thomson, &c.,
Governor-General, in place of Sir George Arthur, Hon. W. H. Draper, in place
of C. A. Hagennan, Esq. as Attorney-General, and Hon. Robert Baldwin, as
Solicitor-General.

1841.
As above with the exceptions of Hon. R. S. Jameson as Speaker of the
Legislative Council, and Hon. A. Cuvillier as Speaker of the House of Assembly.

•General, in

-Gorernor,.

Governor,

Jon. J. B.
I place of

son, &c.,
', in place
ildwin, as

T of the
Membly.

1842.
His Excellency Sir Chas. Bagot, &c., Governor-General.
The Right Rev. John Strachan, D.D., Lord Bishop of Toronto.
The Hon. R. S. Jameson, Speaker of Legislative Council.
The Hon. A.Cuvillier, Speaker of the House of Assembly.
The Hon. Robert Baldwin, Attomey-GeneraL
The Hon. J. £. Small, Solicitor-General.
The Rev. Dr. McCaul, Principal of U. C. CoUege.
The Hon. W. Allan.
The Hon. J. S. Macaulay.
The Hon. L. P. Sherwood.
The Rev. H. J. Grasett, B.A.
Christopher Widmer, Esq.

From this list it appears, that those who have had the
management of the funds have been amongst the most distin-
guished in this portion of the province by rank or ability, nor
can their integrity be questioned. But perhaps they may
have been guilty of some errors of judgment, or may not
have been able to give to their trust the requisite time and
attention. That some evil may possibly have resulted from
one or other of these causes, no one, conversant with boards
of management, would deny ; but that the state of things has
been such as to justify the language which has been used
relative to the misapplication of the funds, the mere character
of those to whom they were entrusted, is of itself sufficient to
refute, and an examination of particulars will fully disprove.

The charge of waste and misapplication of funds implies,
not merely needless and unprofitable expense, but application
to objects for which they were not intended.

The real questions, then, which are to be considered are,
why those who had the management of the funds did not bring
the institution into active operation at a much earlier period ;
and if it should appear that it was necessary or expedient to
apply the funds to other objects, whether such expenditure was
extravagant and unremunerative? Now, it is very easy to prove
(indeed it is almost universally known), that no blame what-
ever can justly attach to the council for the lateness of the
period at which the University was brought into operation.

;i '.

They made a succession of attempts to render the funds
available for the objects for which they were granted, but
were thwarted in all their efforts, until Sir Charles Bagot —
himself a distinguished member of the University of Oxford,
and alive to the importance of such institutions — took up the
subject with the zeal which became a governor and a chancellor.

If the council previously failed in their attempts to make
a commencement of the actual work of instruction, it was their
misfortune, not their fault ; for they did every thing which
could reasonably be expected of them. Up to 1837, the
determined opposition of the Chancellor, Sir John Colborne,
and the clamour for changes in the constitution, impeded all
action; in the spring of that year, when the Act altering
the Charter had been passed, great exertions were made to
complete the arrangements for commencing, but the pro-
ceedings were stopped by the troubles of the winter ;
and the attempts to give at least partial efficiency to the
institution, under Sir George Arthur, and Lord Sydenham,
whilst in progress, were suspended by the Chancellor, amidst
the excitement of the Union, and finally laid aside on
the passing of the Bill for establishing a Presbyterian
University. But to what, it may be asked, were the funds
applied during tuis period ? It appears from a parliamentary
document, published in Vol. 3, Sess. 1843, that the dis-
bursements during the fifteen years of the existence of the
institution, amounted to 76797/. lis. 9d., and yet the Univer-
sity had then been in actual operation but six months. On
what objects, then, was this large amount expended ? In the
same document, the items are thus stated : —

"Assistance given to U. C. College £40130 4 4^

Purchase of site for the University, and
College Avenue and grounds, with
improvements in the fourteen (fifteen)
years £13148 1 9

Management and incidental expenses. ..£14787 15 2^
University buildings, outfit, &c £ 8731 10 5"

Here two enquiries present themselves — why tlie funds of
the University were expended on Upper Canada College ?
and whether the outlay on preparations for the University is
to be regarded as waste of its means ?

With reference to the first, although it would be sufficent
to observe for the justification of the council, that the support
of that institution was forced upon them by a Chancellor,
whose favourite project was its establishment, it may be as
well to shew that the efficiency of that school was closely
connected with the success of the University ; and, that the
good, which it has effected for the province and for the Univer-
sity, more than compensates for the sum expended on it.

Every one acquainted with the studies pursued in a
university must know, that an essential requisite for the
successful prosecution of those studies is the preparation,
which the students have made previously to admission. That
essential requisite has been supplied by U. C. College, and
the University is now deriving the benefit of it.

It would, in fact, have been impossible for the authorities
of King's College to have conducted any course of instruction,
deserving the title of university education, if that institution
had not been previously in operation. Almost all the students
in the faculty of arts were pupils of U. C. College ; and the
extent to which it has been found practicable to carry them in
the study of the higher branches of literature and science
in the University, is indisputable evidence of the attention
which had been paid to their progress in the preparatory
seminary.

Of the advantages which have flowed to the community at
large from that College, it is scarcely possible to speak in
adequate terms. The number of young men, who have been
qualified in it for the discharge of the various duties which
devolve on them in the different stations which they now
occupy, affords the highest practical testimony to its value;
nor should it be omitted, that it has contributed in no
small degree to the formation of a literary taste — to the

elevation of the tone of the public mind — and, above
all, to the production of a general conviction that education
is the great instrument for securing to the humble and the
poor their due participation in the honours and emoluments
of the state.

But the College has been beneficial to the community in ano-
ther way. The lowness of the charges for tuition and for
board, is such, that the public have really been gainers to a very
large amount. The course of education includes, in addition to
the ordinary branches of English, the Greek, Latin and French
languages, Mathematics, Mensuration, Surveying and the
principles of Perspective — all taught by able masters, and the
whole system and arrangements as solid and complete as those
of the great public schools in England ; and yet the quarterly
charges for day pupils are, for the preparatory school, but
£1 10*., and for the forms, £2 5*. — without any extra what-
ever ; whilst the terms for board and tuition are only £30
per annum. Let this scale of charges be compared with
that of any establishment, in which equal advantages are
afforded, and it will be immediately apparent to how great an
extent the community have profited. It is very doubtful,
indeed, whether it would be going too far to assert, that the
amount lost by the institution, but gained by the public, by
the adoption of charges so unusually low, would cover the
whole of the pecuniary assistance afforded by King's College.

The enquiry remains, whether the outlay on the prepara-
tions for the University should be regarded as waste of
its means ?

From the document, to which reference has been before
wade, it appears that 366677. 7*. ^d. have been expended
during fifteen years, and that of this sum 8731/. 10s. 5d.
were spent on buildings, outfit, &c. The latter item, it
is to be presumed, comprehends payments on account of
the building erected on the University grounds, and also
on account of books, apparatus, furniture, fittings, &c., at
present in use. Now, without investigating whether there

■m

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tnble and the
I emoluments

unity in ano-
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'ers to a very
n addition to
and French
tig and the
ers, and the
ete as those
e quarterly
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pared with
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ubiic, by
cover the

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ount of
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It there

has been extravagance or not (which can be but a matter
of opinion, even amongst those who are best acquainted with
the nature and wants of such an institution), it can be easily
shewn that the funds have been judiciously expended, even
according to the mercantile view of such transactions.

The sum expended on the purchase of the avenue, and
ground for the site of the University, with the cost of improve-
ments, is 13, 1 48/. 1*. 9d, Every one, who has seen that property,
must admit the taste and judgment of those, who selected it,
for the situation is at once beautiful and convenient. An
avenue | of a mile in length, bordered with plantations, leads
from one of the public streets of the city to a park, containing
about 160 acres, most appropriate for all the purposes of a
University, and communicating also with the great northern
road by another shorter avenue. But it may be said, the
question does not relate to the beauty or the convenience of
the property — but merely to its value. Let this then alone be
regarded, and there is no doubt that the purchase was most
judicious even in this point of view, for more than double the
whole amount that has been expended on that property (and
according to some estimates, even more than that) could be
readily obtained by its sale at present.

The management and incidental expenses, i. e. salaries of
officers, surveys, inspections, law expenses, and other contin-
gencies, during fifteen years, are set down at 14787/. I5s. ^\d.
Now, the amount of landed property, which was to be man-
aged, was about 300,000 acres. It appears then that the
whole property has been managed at an expense of little more
than 0|</. per acre per annum. Again, the amount of money
actually received at the bursar's office was little short of
170,000/., from which it is evident, that the expense of
the management — including the disbursement of that sum,
has been less than nine per cent, per annum. Nor is
any account here taken of the school funds, which were
managed by the College Council for about two years, nor yet
of the large amount of purchase money outstanding (about

I I

■'•;■ Ml

1 '; 1 I

60,00U/.), the details of which form no trifling portion of tlie
business transacted in the bursar's office, and which, if added
to the sum already stated, would considerably reduce the
average cost of managing the j)ccaniary concerns of the
establishment. With regard to this also, it is proper to
observe, that the largeness of the balance remaining unpaid
is the necessary result of the system almost universally
adopted throughout the colony in the sale of lands, of receiv-
ing the purchase money by instalments, at fixed intervals
with interest. The last item, 8,731/. 10^. 5(/., the cost of the
University buildings, outfit, &c., up to 1843, it is difficult to
treat with accuracy, for there is nothing stated from which-
the amount expended on each of the objects, which may have
been included under this head, can be inferred, and it is
impossible to decide whether the expense was too great or
too little, without knowing the particulars. It therefore pre-
sents nothing for the enemies of the Institution to attack, nor
for its friends to defend.

But, however, if it even were total waste, and if the sale of
everything included under those heads would produce nothing,
yet the increased value of the grounds would cover the whole
of that loss, and even give a considerable surplus. It is pro-
per to add relative to this item, that since the time, to which
those returns of expenditure extend, the building then in
progress has been completed, and is both a substantial and
elegant structure, and that the expenditure on apparatus,
instruments, books, furniture, &c., with which the University
is suitably provided, has been no more than regard to efficiency
would require, in any respectable institution of the kind.

It appears, then, from an examination of particulars, that
the charge of waste and misapplication of the funds cannot be
sustained, inasmuch as they have been expended on objects,
of which ether the utility has been commensurate to the
expenditure, or the sale would realise more than the outlay,
or which have been essential to the efficiency and respecta-
bility of the establishment.

Hut, it imiy he suiil, misapplication of tiie fundM is proved
by the fact, that a loan was granted to St. James's Cathedral ;
and the most absurd misrepresentations have been circulated
on this subject.

Now, it is plain that the funds must be in some way invested,
in order that the charges may be paid out of the income, and
not the capital; and the real question is, whether the investment
was secure and profitable? As to the charge of favouritism,
which it has been attempteil to found on this ; before advanc-
ing this, it would be necessary to prove that the Council ever
refused a similar application made by any other religious
body, and that the security which others can offer is equal to
that given by those who eft'ected that loan.

It is scarcely necessary to advert to the calumny, that the
Council were obliged by this transaction to borrow £4,000
from the Upper Canada Bank ; as the statement in the
Parliamentary returns proves that they probably had at the
time nine or ten times that amount in debentures and cash.

But gross mismanagement has been inferred, from the
amount of arrears, on account of the U. C. College dues.
An examination of the returns up to December, 1842, will
show what exaggeration there has been in the statements
made relative to this.

The total amount of arrears during fourteen years is
returned as £6,402 0^. 4d., but it appears that, before the
returns were sent in, a considerable portion of this sum had
been paid, and that many of the accounts included in it were
only one or two quarters due, whilst the collection of the
others was in progress. Now, on the supposition that £1,400
cannot be recovered, the worst that can be proved is, that the
bad debts of the institution amounted annually to about £100.
It has been also asserted, that partiality was shewn, in
requiring some to pay — but allowing others to delay settle-
ment, and yet a mere glance at the names of the debtors,
will prove that they are of almost every rank, party, and
denomination. Nor are bad debts a peculiarity of U. C.

College — other institutions in Cuntula Imve doubtless suffered
in the same way. But, however — whatever loss may have
arisen formerly, or to whatever cause it should be attributed
— a system has been since then adopted, whereby accumu-
lation of arrears is effectually stopped ; and active measures
have been taken for collecting those which, at the period of
the returns, were unpaid.

But it is unnecessary to pursue this part of the subject
further, inasmuch as it cannot be denied, that, after fifteen
years of wlmt has been designated wasteful expenditure and
reckless disposal of the endowment of the institution, the assets
at present would realize considerably more than double the va-
lue of the whole endowment when it was granted. The only
additional fact which it seems proper to state is, that of the
gentlemen, who have had the labour and responsibility of
conducting the affairs of the institution during the period
comprehended in those returns, there was but one who received
any emolument whatever for discharging the duty, and even
he not longer than two years and a half.

As far, then, as the grounds for change commonly advanced,
they do not warrant the interference of any authority in
altering the present state of things.

But are there no other grounds for change than those pub-
licly urged? Is there nothing in the act of 1837 which
requires alteration ? In short, have the legislature of Upper
Canada succeeded or failed in the discharge of the novel
duty which was confided to them, of modifying a royal
charter ?

The act undoubtedly is not such that it should be permitted to
continue in force, nor is it a difficult task to prove that the whole
measure is a failure. In fact, it not only leaves untouched
the prominent defects in the original charter, but adds others
much worse. The provision, that the Governor of the pro-
vince should be the Chancellor, was an arrangement which no
one acquainted with the character of such an institution, and
the circumstances of the colony, could approve. It was

both embarrasM/i^ to tlio (Jovornor, by involviiiir him in
responsihility for the j^/N of the corporation, and nuist injuri-
ous to the T^ilvcrspfy by sul>j<'('fin"i^ it to tiio operation of poli-
tical influfiic*^ : yi't not nicroly was tiiis ri'taincd, but the
introduction of Mf/fh influence aefunlly ensnre<l by tiie a<hli-
tion to the Council of the Speakers t)f hofh houses of the
Leji^islature, ami the Attorney and SoUcitor-Cieneral. A^ain,
by the original charter, the IJishop of (^uehec or of the diocese
in which York mi^ht hereafter he situated, was constituted
the visitor; and very reasonably, the frovernrncnt of the
University beinjr in that instrument limited to members of
the United Church of Kiifi^laiul and Ireland. Of course, so
exclusive a provision could not be permitted to remain by
those whose object was to divest the institution of any distinc-
tive religious character. Accordingly the Bishop was removed,
and the Judges of the Court of Queen's Bench substituted in
his place.

What is the effect of this arrangement? The Judges are
constituted a court of appeal for the University, and are also
a court of appeal from their own decisions, for they may
be called on to reverse in Queen's Bench the judgments
which they have pronounced as visitors. In the construction
of the Council, also, there are other defects than that which
has been noticed above. The members of the College Coun-
cil are declared to be — besides the Chancellor and President
— "the Speakers of the two Houses of the Legislature of the
province, and his Majesty's Attorney and Solicitor-General
for the time being ; the five senior Professors of Arts and
Faculties of the said College, and the Principal of Minor or
Upper Canada College."

Who can expound the meaning of the words "the five
senior professors in Arts and Faculties?" or who can decide
what constitutes seniority 1 Is it the department, or the
date of appointment? If the former, according to what
precedent and on what authority are those five professors
to be arranged ? If the latter, what security is there that

i-ii

. I !

they may not all belong to the same Faculty ; and thus the
other Faculties be left without any representative in the
governing body? The authorised interpretation of these
words, is said to be that which makes the seniority depen-
dant on the date of appointment; and this is at present
acted on in the succession to seats in the Council. Is it
possible to invent any means more efficacious for the
ruin of a University than such an absurd arrangement,
whereby the Professor of Fencing (if ever such a pro-
fessorship should be established) might take precedence of
all others, and even be authorised in the absence of the
President to discharge his duties ? But there were other pro-
visions in the Charter, which seemed to require amendment.
The Council, as constituted in it, was, it has been already
stated, limited to members of the United Church of England
and Ireland, and subscription to the Thirty-nine Articles was
required previously to the admission of either permanent
or temporary members. How was this improved? It was
enacted that " in case there shall not at any time be five
Professors as aforesaid in the said College and until Profes-
sors shall be appointed therein, the Council shall be filled
with members to be appointed, as in the said Charter is pro-
vided, except that it shall not be necessary that any member
of the College Council to be so appointed, or that any
member of the said College Council, or any Professor, to be
at any time appointed, shall be a member of the Church of
England, or subscribe to any articles of religion, other than
a declaration that they believe in the authority and divine
inspiration of the Old and New Testaments, and in the doc-
trine of the Trinity." What Oedipus could satisfactorily
explain the meaning of the words, "any member of the
said College Council, or any Professor to be at any time
appointed ?"

As to the terms " any member of the College Council to
be so appointed," they indicate with sufficient plainness those
temporary members with whom the Council was to be filled,

according to the provisions of tlie Charter, under specified
circumstances. But what is the meaning of the clause, "any
member of the said College Council ?" Does it denote all
others than temporary members and Professors, viz. Chan-
cellor, President, Speakers of the two Houses, Attorney and
Solicitor General, and Principal of U. C. College ? or is it to
be limited to ex officio members, otherwise unconnected with
the University, viz. Speakers, Attorney and Solicitor General,
and Principal ? or is it to be referred to tliose graduates, who,
in case there should not be the required number of Professors,
are, according to the Charter, to be appointed by. the Chan-
cellor to seats in the Council ? Again, in what sense are the
words " any Professor, to be at any time appointed," to be
understood? The author of the marginal notes gives the
following interpretation of the whole clause : " No member
of the College Council, or Professor of the University, need
be a member of the Church of England." But, in the
Charter, there is no restriction whatever as to the religious
opinions of those to be appointed Professors. The only
limitation is as to their being members of Council. This
interpretation, therefore, must be regarded as incorrect.
Another, however, may be proposed, whereby the words " to
be at any time appointed," might be referred to seats in the
Council. But this, again, is inconsistent with the former
provision that the five Professors, who are to be members of
Council, should take their seats by virtue of their seniority,
and not by virtue of any appointment thereto.

But the blundering does not stop here. It is enacted in
the clause with which the University improvements terminate,
that "no religious test or qualification be required or appointed
for any person admitted or matriculated as scholar within the
said College." For the introduction of these words, it is
impossible to assign any reason, unless they were intended to
denote the ratification by the legislature of the provision made
by the royal founder oi the University, inasmuch as in the
^charter no religious test or qualification was required or

appointed for any person admitted or matriculated (what-
ever be the distinction intended by these terms) as scholar
within the said College. The framers of the Act have no
claim whatever to any commendations for liberality in this
point ; all the merit (whatever there may be supposed to be)
belongs to the framer of that charter, which has been stigma-
tised as so intolerably exclusive. The concluding words of the
final clause are, "or of persons admitted to any degree or
faculty therein." How far have the provisions of the charter
been liberalised here ? Did it require or appoint any religious
test or qualification for persons admitted to degrees in the
Faculty of Arts ? No. In the Faculty of Medicine ? No. In
the Faculty of Law ? No. All persons were admissible to de-
grees in Arts, Medicine, or Law, without any religious test or
qualification whatever. The whole merit then which can be
claimed in this particular by the authors of the amendments
of the charter, is, that they proposed one of two changes
relative to Divinity (but which of the two does not appear) :
either that degrees in religion should be conferred without
any religious test or qualification (which seems to be as wise
and expedient as if they had enacted that degrees in Arts
should be conferred without any literary or scientific test or
qualification ; or degrees in Medicine, without any medical
test or qualification ; or degrees in Law, without any legal
test or qualification) or else that no degrees should be con-
ferred in that faculty.

From what has been stated, it must be evident that some
of the provisions of the Act, however consistent at present
with the efficiency of the institution, must sooner or later
produce the most serious injury. They, therefore, constitute
ground for change. But who is to remedy the evil ? With
whom does the introduction of the changes admitted to be
necessary rest ? With the Crown, or with the Legislature ?
The question is one of the greatest importance, involving
high constitutional principles, touching not merely the pre-
rogative of the Sovereign, but the rights of the subject. It is,

however, unnecessary for the author of these pages to discuss it.
The subject has been brought under the notice of the Legis-
lature in the speech from the throne ; and his proper course
is, to assist, if possible, the deliberations of those who are,
doubtless, deeply impressed with the importance and difficulty
of the task which has been confided to them, and whose only
object in any modification which they adopt, must be to render
the institution more efficient and useful.

The preliminary enquiries having now been disposed of,
the main question may be considered, under the heads origi-
nally proposed.

As the question involves the consideration of religion, the
principal parties interested in its settlement are, 1st, the
Church of England ; 2ndly, the Church of Rome ; 3rdly, the
Church of Scotland ; 4thly, the Methodists ; 5thly. different
religious denominations, not connected with those already
named.

The claims of the Church of England are mainly based on
the following facts : — that the Charter and endowment were
obtained by a member of her communion ; that the govern-
ment of the institution, established by that instrument, was in
its provisions limited to those who professed her tenets, and
that the divinity to be taught was that conformable to her
articles.

Of these privileges, secured to her by royal charter, under
the great seal of England, she complains that she has been
unjustly and unconstitutionally deprived by a measure to
which a majority of the members of the College Council
were constrained to give a reluctant assent. In opposition to
these claims, it has been asserted, that the Church of Eng-
land acquired these advantages " by stealing a march upon
the rest of the community, in selfish disregard of every
interest but its own," and that " half of the endowment of
King's College consists of property destined for another pur-
pose."

To the first of these assertions it may be replied, that the

object of the journey of the Arclideacon of York, in 1826,
and the nature of the commission entrusted to him by the
Lieutenant-Governor of the province, were well known pre-
viously to his leaving for England ; that the length of time
during which he remained there (almost eighteen months),
rendered it impossible (if even he contemplated such a strata-
gem) to take any party by surprise, and that the pre-eminence
given to the Church of England, in the instrument which he
then obtained, was not only not a peculiarity of it, but the
invariable characteristic of all such charters previously granted
by British sovereigns since the Reformation.

In fact, the principal difficulties in obtaining the charter
were caused by the unprecedented openness of the provisions,
which it was proposed to introduce into it.

It has been asserted, also, that the superiority granted
to the Church of England was obtained on false pretences
and by erroneous statements, relative to the numbers of the
different denominations in this portion of the province. The
simple answer to this is, that the charter could never have
been obtained at all without that distinctive feature. Even as
late as that year, the principle was received and acted on,
that there was such a thing as a Church of the Empire, and
that it was the established form of Christianity throughout the
British dominions. The idea of separating intellectual and
religious education had, indeed, been introduced ; but it had
been received with little favour, and no charter had ever been
issued, or thought of, sanctioning this innovation.

In answering the second assertion, it will be necessary to
enter minutely into details, for the statement, that the
University was endowed at the expense of the grammar-
schools has been so repeatedly made, that there are doubt-
less some who regard the fact as admitted. In the year
1797, the Legislative Council and House of Assembly of
Upper Canada passed a joint address to his Majesty King
George III., "imploring that his Majesty would be graciously
pleased to direct the appropriation of a certain portion of the

'25

waste lands of the crown, us a fmul for the establishment and
support of a respectable jrrammar school in each district
thereof; and also of a College or University for the instruc-
tion of youth in the difterent branches of liberal knowledge."
The results of this address were, a despatch from his Grace
the Duke of Portland, communicating his Majesty's assent
to the petition, and consequent thereon, a report of the
Executive Council, Judges, and Law Officers of the Crown, in
Upper Canada, recommending the appropriation of 500,000
acres or ton townships, after the deduction of the crown and
clergy reserves, for the purpose of establishing a Grammar
School for each of the districts into which Upper Canada was
then divided, and a University. The report concluded with
a recommendation, that the portion set apart for the Univer-
sity should be at least equal to that for the Schools.

The whole appropriation made in accordance with that report
contained 467,675 acres. Of these 190,001 were alienated
to surveyors for percentage, and to individuals by grants.
In lieu of these alienations, 272,000 acres were added.
Thus it appears, that the appropriation for the Schools and
the University contained (including 600 acres in the town-
ship of Warwick) 550,274 acres. Of these, then, the Univer-
sity was entitled, according to the recommendation of the
report, to 275,137. But, as the appropriated lands were
unsaleable, something was necessary to be done, in order that
funds might be provided. An exchange was therefore effected,
with the full concurrence of the provincial and imperial govern-
ment, for crown reserves, which might be made immediately
available. That portion of the appropriation which was the
most unfavourably situated, was selected for the purpose, and
thus the residue, which was left for the Schools, contained the
most desirable lands. The endowment of King's College, then,
consisted of those crown reserves, thus obtained in exchange,
amounting to 225,944 acres, being about 50,000 less than the
number which might have been justly claimed of the original
appropriation.

*26

The statement given above is chiefly derived from a
pamphlet, entitled " Proceedings had in the Legislature of
Upper Canada, during the years 1831, 1832, and 1833, on the
Subject of Lands, &c.," printed by order of the House of
Assembly, Toronto, 1837. As much misapprehension has
existed on the subject, it is deemed expedient to annex an
extract giving the details, as furnished in 1832 : —
" The original School townships of Alfred, Plan-
tagenet, Bedford, Hinchinbroke, Sheffield,
Seymour, Blandford, Houghton, Middleton,
Southwold, Westminster and Yarmouth, were
computed at 549,216 acres, but actually con-
tained 467,675

Alienated from the above for surveyors*

percentage 19,282

Alienated by grants to individuals ... 170,719
The townships of Java, Luther, Sun-
nidale, Osprey, Merlin, and Proton,
made School townships in lieu of the

above alienations, contain 272,000

Also reserved in township of Warwick 600

740,275
Re-invested in Crown, in lieu of lands

granted to the University 225,944

Re-invested in Crown, in lieu of lands

granted to U. C. College 66,000

481,945

School Lands Disposable 258,330

(Signed) S. P. Hurd."

But, it may be said, that in the despatch of his Grace the
Duke of Portland, "the establishment of free grammar
schools in those districts in which they are called for," is

noticed as the first object to which the appropriation should
be applied ; and yet, up to the present time, no such institu-
tions have been established from the proceeds of the appro-
priation. In answer to this, it is sufficient to observe, that
there is a grammar school in every district of the province,
supported by annual grant of the legislature, conformably to
an act passed in the year 1807, and in operation since that
time ; and that it would have been manifestly absurd, contrary
to what must be regarded as the intention of the donor, and
highly detrimental to the province, to have neglected carrying
out the second object, viz., the establishment of a University,
at a time when the youth of the colony were prepared to avail
themselves of the benefits of such an institution, on the
ground that no portion of the fur.ds had been applied to the
first, but that the work contemplated in it had been accom-
plished by other means.

For the non-application of the School lands to the purpose
for which they were intended, the University is in no way
responsible. The intention of those who decided on the
extent of the original appropriation, was, as has been already
stated, that at least one half should be set apart for a Univer-
sity. In accordance with that intention. King's College
received her portion, nor was one single acre of her endow-
ment taken from that which was to be reserved for the
Schools. In fact, it neither was nor ever can be the interest
of the University to enrich herself at the expense of the
Grammar Schools, for her success must in a great measure
depend on their efficiency ; and so far from having manifested
any desire to diminish their too limited resources, she has
proved the sincerity of her wishes for their welfare, not
indeed by idle and ad captandum assertion of their claims to
that to which they have no right, but by the care with which she
extricated their affairs from confusion, the regulations which
she introduced for their good government, and the provi-
sions which she introduced for the more adequate remunera-
tion of their masters, during the period that that portion of
the appropriation was committed to her administration.

By tlio Act 2n(l Victoria, chap. 10, (1839), the proceeds of
the School lands were phiced under the control of the Council
of King's College, and were managed by tliein, during
about two years, without any charge for the achlitional labour
thereby imposed on them. It is well known, that in that time
a searching scrutiny was conducted into the whole state
of the School fund ; its actual condition fully doA^eloped in an
elaborate report; a considerable portion of what was due to it
recovered ; steps taken to compel the payment of arrears ; an
uniform system of instruction prep.ared for all the Grammar
Schools ; and arrangements made for providing, under certain
limitations, each master with an assistant. The j)rogress of
these judicious measures was suddenly stopped, by the passing
of an Act in 1841, whereby the proceeds of the School lands
were removed from the charge of the College Council. On
the occasion of making the transfer, as directed in this Act, the
thanks of the Executive Council were given to the College
Council for their disinterested labours, whereby the whole
fund had been so materially benefitted.

Such were the circumstances under which the University
of King's College was established and endowed. Is it not
astonishing, that any person, acquainted with these facts,
could use such language as that employed by the " Master of
Arts," with reference to what he designates " the present
dominant party in King's College ?" " Let that party," exclaims
the author, in a burst which strangely combines devotional
resignation with an unfair statement of facts ; " let that party
hold its ill-got advantage, with the assurance that, like the
pretended parent [before the tribunal of Solomon], it i«
indebted for its tenure to the forbearance and piety of high-
souled men, whose choice lay between the silent suffering
of cruel injustice and the favouring of open irreligion, and
who by the grace of God chose the former, 'committing
themselves to Him that judgeth righteously.' That there are
among the party in possession of King's College some feto
ready to retain their hold even in such opprobrious circum--
stances, they ikemselves have left us no room to doubt."

The illustration has indeed the merit of beinjr forcil)le,
hut fails in the most material point of heinj^ just. If the
relation of any portion of the community to King's College is
to be represented under the metaphor of parentage, unques-
tionably the Church of England, to whom the institution owes
its existence, should be regarded as the real parent ; and the
emotions which animate the high-souled men, who are attempt-
ting to snatch away from that Church her offspring, are not
the yearnings of maternal affection, but the cravings of cove-
tousness and jealousy. But it is asserted, that the members
of the Church of England, " the dominant party," have an
" ill-got advantage." What ! is the term " ill-got " proper
to be applied to that which has been received from the King
of England, or is it a fitting epithet for the appointments
made by the Sovereign's representative, the Governor of the
colony ? If the Church of England had superiority in the
original charter, that superiority was granted by the King ;
and if the greater number of the professors at present in the
University are of her communion, they hold their offices by
right of the Chancellor's appointment.

It would have been as well, if the author had taken the
trouble of explaining, whom he intended by " the high-souled
men, who chose silent suffering of cruel injustice to the
favouring of open irreligion," for on this point it is scarcely
possible to form the faintest conjecture.

Was " silent suffering " the characteristic of those^ who pro-
claimed their wrongs, and published their grievances, in
inflammatory speeches addressed to public meetings, and who
filled this part of the province with the fierce tones of bitter
complaint and declamatory invective ? Was it the charac-
teristic of those who suggested that mode of agitation, through
the medium of an official document ? Was "silent suffering"
the distinguishing trait of tliose who have poured vollies of
scurrilous abuse and malignant misrepresentation through eve-
ry opening that the press presented to them ? Did they possess
.any claims to the designation of " high-souled men," who

) t

P 1I

i !
I I

availed themselves of tlie safe ohscurity of anonymous com-
munications, to aim against the characters of men, wliose
position rendered them unable to offer resiHtancc or to put
forward defence, the poisoned shafts supplied by craven
dastards, who had not the ability to feather, or the courage to
discharge them themselves ?

Was mute submission to injury ever, at any period since
the establishment of the University, apparent in the conduct
of those, who have never ceased to manifest their hostility, nor
failed to avail themselves of every opportunity of attack ?

Is " silent suffering " the characteristic even of the author,
who pronounces the eulogy on speechless forbearance ?

But, it appears, that " there are some feiv of the party in
possession of King's College who are ready to retain their
hold," and this their determination is stigmatised as existing
under " opprobrious circumstances."

What are the " .pprobrious circumstances " to which
reference is made ?

Is it " opprobrious " to have been considered deserving of
holding an office in a University, and of receiving it from
the constituted authority ?

Is it " opprobrious " to continue to discharge duty, despite
opposition, and to remain steadfast to the trust confided, even
amidst temptations to give it up ?

The fact is, that the reproach attempted to be thrown on
those who have shown their determination to defend their trust,
is no more than if a highwayman were to abuse the traveller
whom he attacks, for refusing to surrender the property com-
mitted to his charge, and stoutly resisting his lawless demands.
The characters of the parties differ, but the principle is the
same.

In the controversy regarding the opening of the Univer-
sity, the Church of Rome has not taken any part, nor is it
likely that she will. Union with other denominations, for
educational objects, is contrary to her principles ; and it is
impossible that she can be a party in the working of any

joint University plan, whereby it may be supposed that
un accoinnio(hition of tlie claims of the different religious
l)ersuasions may be effected. If the endowment is to be
divided, she will, of course, take the portion assigned to
her, and apply it in the manner which she thinks most
exj)e(lient, but she will unquestionably not recognise, nor
associate herself with, any institution for education, from
which religious instruction is either proscribed, or not
exclusively under her controul. That church, therefore,
justly claims that no arrangement of the Uiiiversity question
shall be made from the benefits of which she would be
excluded.

But although the Church of Rome has taken no part in the
controversy, — for the discussion of it has been chiefly
conducted on principles which she does not approve — she is
by no means indifferent to the decision of the question. She
feels that her interests are most deeply involved, and trembles
for the security of her possessions in Lower Canada. She
demands, therefore, that in the settlement of the question, due
regard shall be paid to the rights of property ; and no prece-
dent introduced, whereby the security of her tenure may be
endangered. She reasonably expects protection from the
Lower Canada Members, particularly those of her communion,
and calls on them to resist any measure which may furnish a
pretext for the application of the same principle (or rather
want of principle) in that portion of the province, which the
destructive party in Upper Canada desire to introduce here.
What opinion she has formed of the rights of the Church of
England to the endowment of King's College, may be doubted
by those who desire to represent her as always in the wrong ;
but of this there can be no question, that she would much
prefer that the claims of that Church should be acknowledged
in their fullest extent, than that she should herself be deprived
of her own property.

The claims of the Presbyterians are, it is believed, prin-
cipally founded on the fact, that the form of Christianity,

i::\ i

which they profess, is tlie eMtuhliwhed rclijifloii in Scothmd.
This, they conceive, entities them to be placed on a par witii
the members of the United Ciiurcli of England and Ireland,
and they are therefore dissatisfied that the latter should have
any higher privileges as a body than they themselves have.
The endowment of King's College, they urge, consists of
public lands granted to it as the Provincial University. They
therefore claim participation in the benefits of that institution
on equal terms with the members of the Church of England.

The condition of their University, — Queen's College,
Kingston, — also furnishes grounds for a claim. The endow-
ment appears to be inadequate for the attainment of the
objects contemplated by those who established it, and the
institution cannot be rendered as efficient as is desirable on
its limited means.

On the claims of the Presbyterians, it will be sufficient to
observe, (without entering into the question of the extent of
their rights as "the established Church of Scotland,") that by
the establishment of a University for themselves, they virtu-
ally abandoned their interest in King's College, and resigned
their pretensions ; for, of course, it could not be expected that
Presbyterian parents would send their sons for education, to
any other but their own University. Nor is the assertion,
that Queen's College was intended to be merely a Theologi-
cal Seminary, consistent with the statements openly made,
whilst the Bill for its incorporation was in progress, and also
whilst preparations were being made for its opening. It was
then described as intended to be a Canadian copy of the
Scotch Universities, and the donations given to it by mem-
bers of the Church of England, are evidence that it was
regarded as designed to be a literary and scientific Institution,
and not solely a school of Divinity.

It is certainly much to be regretted, that its efficiency is
impaired by its want of means, but the adequacy of the funds
should have been considered before its establishment — or at
all events, before it was brought into operation. If the under-

i; I

Scotland,
pur with
Ireland,
uld liuvo
''es have.
mHiHtu of
y. They
istitution
ingland.
College,
! endow-
t of the
and the
irable on

icient to
xtent of

that by
;y virtu-
resigned
;ted that
ation, to
ssertion,
heologi-
Y made,
and also

It was
' of the
y mem-
; it was
titution,

ency is
le funds
— or at
I under-

taking has not proved as successful, as was expected, the
Presbyterians have no one to blame but themselves. It was
at their solicitation, and by thi.>ir influence that the Act was
passed, in lieu of which a Royal Charter was granted; and
if they now feel any eml)arnissment, in having a University,
they have brought it on themselves. The proper course to
pursue, under their circumstunces, seems to be to represent
their case to the legislature, and solicit that aid in the prose-
cution of their laudable objects to which they are justly
entitled. But it is manifestly unreasonable, first to found a
separate institution, and then, because its success has not
been commensurate to their expectations or wishes, to try to
force an union with an establishment, from which they had
voluntarily separated themselves. King's College regards
their establishment with no jealous or unkind feeling. She
wishes them success, and would be glad to assist them in
maintaining the position, which they selected for themselves.
But, according to the most ordinary principles of every day
application, no one can justly expect, that when she has
made all the necessary arrangements for conducting her own
business, and is prospering, she should break up her whole
establishment, and endanger her success, for the purpose of
receiving into partnership those who had, of their own accord,
estranged themselves from her during her struggles for
existence, and actually forestalled her. How far their claims
may be affected by the recent unhappy division amongst
their members, the author of these pages does not mean to
enquire. He trusts that the differences, which have broken
their unity, will be but temporary, and therefore will not
enter on a discussion, which he feels that it would be
ungenerous to pursue.

But, however, it is to be presumed, that the peculiar claims
of this body may be satisfied by granting to Queen's College
an endowment, proportionate to that appropriated to the
University of the Church of England.

The Methodists and other religious denominations, in ad-
vancing their chiims, cannot take as higli ground as the
Presbyterians. They assert their right to participation in the
benefits of King's College, on the broad principle that an
Institution endowed witii public lands, should be equally open
to all classes of the community ; a principle, which has also
been fully recognised and warmly advocated by the Presby-
terians.

The Methodists possess, moreover, the claim, that they
have a University, and so inadequately provided for, that it
requires some permanent arrangement for its support. The
peculiarity of their circumstances is, that their buildings have
been erected, and they therefore do not desire to leave their
present position.

Justice to them evidently requires, tliat no arrangement
shall be made, the benefits of which they could not enjoy,
unless they abandoned the establishment which they have,
and incurred the heavy expense of providing new buildings.
Their claims may, probably, be satisfied by granting a
suitable endowment for their institution, and ])ermitting the
establishment to remain where it is : but those urged by
other denominations, on the principle that the members of
every religious persuasion shall be placed on a perfect equality,
and that there shall be no pre-eminence, would require such
a i'onstitution of the University, as would be either univer-
sally condemned, or wholly incapable of being worked.

The principle, in fact, is prima facie inadmissible, for it
would be manifestly unjust to place bodies on an equality,
l)etween which there are so great differences in numbers and
influence. Nor would it be possible to adhere to any propor-
tions, whereby it might be expected to get over this difficul-
ty If all denominations are to be placed on a footing of
equ.ility, both de jure and de facto — one of two plans must
be adopted. Either all tests and declarations, and with them
all forms of religious instruction must be abolished, and infide-
lity recognised as the dominant principle of the University;

e
ci

I, in ad-
as the
)n in the
tliat an
Uy open
luis also
Presby-

lat they
', tlmt it
t. The
igs have
ve their

ij^ement
t enjoy,
y liave,
lilclings.
nting a
ing the
ged by
ibers of
quality,
ire such
univer-
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for it
[quality,
3rs and
propor-
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ting of
IS must
h them
infide-
ersity ;

— or all denominations must be adequately represented, not
merely amongst the professors but in the governing body,
which is obviously impracticable, as it would require a great-
er number of professors than would be either necessary or
capable of being supported by the funds of any one Univer-
sity, however liberally endowed — would ensure their appoint-
ment, not on the grounds of being competent to discharge
the duties, but of belonging to some particular denomination —
and would flood the Council with so great a number of mem-
bers, that it could neither decide with promptitude nor act
with vigour, even if it were possible by any means to hold
together so heterogeneous a mass.

The second characteristic of a satisfactory settlement of the
question is that the greatest amount of benefit to the commu-
nity should be thereby secured.

It is plain that this condition cannot be satisfied by any
constitution of the University, which does not secure for it
the confidence and favour of at least the majority of the
intelligent and enlightened members of the community. Con-
sequently it is unnecessary to say more, relative to the idea
entertained by some, that religion should be wholly proscribed
from the Institution, than that the province has not yet been
so far unchristianized as to give any countenance to infidelity,
and that by far the greatest number of the members of all
denominations would look upon such a project with distrust
and aversion, and regard it as the surest means of effecting
the greatest amount of evil.

Another essential to the fulfilment of this condition is, that
the establishment should be so constituted as to secure the
greatest efficiency in its operation, and the most successful
attainment of its objects.

As the efiiciency of its operation must depend almost wholly
on its government, the question which presents itself here is —
according to what principle should the governing body be con-
stituted ? The plan which has been suggested, of rendering it
an assembly of the representatives or delegates of the dif-

II '•;'

.> .■ I

ferent religious denominations, which it is proposed to combine
under one University, is liable to the fatal objection, that the
unity of purpose and action, which is essential to the good
government of the Institution, can never exist. The inevitable
result of such a formation of the governing body would be
strife amongst its members, and faction amongst the Professors.
The grounds of disagreement in an assembly, the constitution
of which is based on the principle of a necessary difference of
opinion amongst its members, must be sufficiently apparent.
The best which could be expected is, that the different parties
would gradually settle down into but two, and the experience
of the past two years renders it no difficult task to conjecture
of whom those two parties would be composed, or to predict
the certainty of a general combination against one. Nor
would this gladiatorial conflict be restricted within the limits
staked out for it by authority, or confined to the combatants
privileged by law. The war-cry of their party would be soon
taken up by the Professors, not members of Council, — they
too would marshal themselves for battle, — ere long the
students would join in the affray, and general anarchy and
confusion would be the issue of an arrangement designed to
promote harmony and peace.

But in what way are the objects of a University to be most
successfully attained ?

Every one will admit that this cannot be effected without
having competent instructors in the different departments.
How then is this to be secured ? Certainly not by vesting the
appointment of the Professors in such a board as that proposed
in the University Bill submitted to the Legislature by the
late provincial ministry, — the effect of which would have been
to have filled the chairs w'.h dextrous intriguers, or violent
partisans, without reference to their literary or scientific
qualifications. Certainly not on the principle of having a due
representation of the various religious denominations, for the
appointments would then be made, not with a view to the
competency of the candidates, but to the articles of their

creed. Certainly not by allowing political considerations to
have any weight, for this would ensure disregard to the
capability of discharging the duties, and would induce candi-
dates to exchange the quiet seclusion of their library for the
tumult of public meetings, and endeavour to establish their
claims rather by services rendered to a party, than by the
extent of their attainments.

Undoubtedly some literary or scientific test should be
required, as a security against the appointment of incom-
petent persons.

But there should be not merely qualified instructors,
but a sufficient number of them; and the library, museum,
apparatus, &c., should be on an adequate scale. The
charges also should be so low as to render the benefits gene-
rally accessible to the community. Now these requisites
cannot be obtained without sufficient funds, nor can it be
expected for some years that the receipts from dues and fees
will supply the necessary amount. It appears, then, that the
institution should have some fixed income derived from en-
dowment or parliamentary grant.

Here, it may be urged, is the strong argument in favour of
having but one University, for it cannot be denied that
resources can be more easily provided for one than for several
such institutions. It is not the intention of the author of
these pages to discuss what might have been most advan-
tageous to the country, but to consider what is best to be
done under existing circumstances. He doubts not that it
would have been much better, if there had been no other
University in Upper Canada than King's College, but the
fact is that there are two in addition to it, and of these one is
80 circumstanced that it probably must continue to exist as a
separate establishment. Nor is it possible to construct any
one Institution, which would satisfy the present wishes of the
community.

The avowed object of those, who demand that the constitu-
tion of King's College shall be changed, is, not that every

one shall be permitted to receive the benefits of the education
afforded in that establishment, or that its honours and emolu-
ments shall be open to all — for at present there is no bar
whereby any one is excluded, cxcei)t as to the admission of
members of the Council — but that all religious denomi-
nations shall be equally, or at least fairly, represented in
the Institution, and that their relative influence shall not
be, as at present, accidental or liable to fluctuate, but fixed and
determinate, or varying within prescribed limits. Does any
reasonable man believe that any arrangement could secure the
attainment of such objects as these ? The first question to be
settled would be, How many, and what religious denominations
are there? for the omission of any one will mar the accomplish-
ment of the project. The next. What is the number of the
members belonging to each ? for this criterion of representa-
tion might probably be the most generally satisfactory,
although it certainly could not be regarded as just by those
who might advance the claims of an established church.
Let it be supposed, that those questions have been decided,
and the ratios determined — what is the next thing ? The
number of officers and professors, the constitution of the
governing bodies, and the mode of appointment, are to be
such that it shall be not merely possible to preserve those
ratios, but that it shall be impossible to disturb them.

If religion is to be wholly excluded from the establishment,
care must be taken that infidels shall enjoy their due proportion
of influence ; and if religion is to be preserved, then all
denominations (admissible under the test, whatever it maybe)
must have each their Professor or Lecturer in Divinity. No
one in his senses can believe that such a scheme is practicable.
Nor do even those, who are so clamorous for equal justice,
either expect or desire, that that equal justice which they
have chosen for a watchword to rally around them a party,
should be meted out indifferently to all religious denomina-
tions. They know that the scheme can be but partially
cariied out, and those who are most noisy and pertinacious

lucation

emolu-

110 bar

ission of

denomi-

?iited ill

hall not

xed and

oes any

cure the

[)ii to be

linations

jmplish-

r of the

resenta-

ifactory,

by those

cliurch.

decided,

? The

of the

re to be

ie those

ishment,
oportion
then all
may be)
ty. No
cticable.
justice,
ich they
a party,
nomina-
lartially
iiiacious

about the rijrhts of others, are very surely, though very
silently, promoting their own private interests.

Of the religious bodies in Upper Canada, the four which
are most numerous are the Church of England, the Metho-
dists, the Church of Scotland, and the Church of Rome.
Now, without considering other denominations, even of those
there are but two who could be united, and of these two the
desire for the union is wholly on one side. In a plan for joint
education, the Church of Rome will not unite from principle ;
the Methodists, from fear of the additional expense, which
they will be obliged to Incur, if they abandon their present
buildings. Let it be supposed, then, that the clamour for
equal justice to all sections of her Majesty's subjects is paci-
fied by the union of King's and Queen's Colleges, and the
grant of an endowment or allowance to Victoria College;
another clamour will be raised, and justly too, on account of
the unfair superiority which the Methodists will enjoy, of
having a University exclusively their own ; and then either it
must be constrained into union, or a divorce must be
obtained for the parties uselessly forced into an unhappy
alliance.

But, before this part of the subject is dismissed, it is neces-
sary to advert to another circumstance, materially affecting
the amount of the benefit which may be derived from the
University.

Every one, at all acquainted with the subject, must know
tliat there exists a difference of opinion (and of practice, too,
in different Universities), relative to the residence of students,
some believing that it is impossible that the real advantages
of a University education can be enjoyed without domestic
discipline ; others regarding this as unnecessary, if not in-
jurious.

How are those, in this province, who fiold the latter
of these opinions, to be satisfied ? If all the colleges be-
longing to different denominations are to be clustered round
a central institute at Toronto, and this group is to form the

only University in this portion of the province, then residence,
if not within the walls of the colleges, at least within the city,
will be required; for those who desire to avail themselves of the
benefit of University education, must come to Toronto, and
be at the expense of remaining there during the prescribed
number of terms. There can be no doubt, that there are
many parents, who would not merely complain of this as a
heavy tax, but would regard with aversion any plan, whereby
their children would be removed from their care, and left
without their supervision amidst the temptations of a large town.
Nor can it be questioned, that many would thus be wholly
excluded, by the narrowness of their circumstances, from
affording to their sons the advantages of the University —
whilst some would prefer foregoing them to running the risk
necessary for their enjoyment.

This argument alone must be regarded by those who
believe academic residence to be either useless or pernicious,
as decisive against any scheme of consolidating the Univer-
sities. But there are other interests, also, which would be
injured by this scheme. The citizens of Kingston would
very reasonably feel aggrieved, if almost the only institution
of a public character left to them should be taken away, and
the expectation, that the University established there would
be the means of attracting an influx not merely of occasional
visitors, but of permanent residents, should be disappointed
by its removal.

Nor would Cobourg, it is presumed, be backward to advance
its complaints of being deprived of the advantages which the
possession of Victoria College confers on it, if the authorities
of that Institution shewed any desire to extend to some more
favoured town, the benefits arising from their establishment.

But, it may be said, centralisation is absolutely necessary;
and to this necessity all other considerations must yield. Now
although it must be admitted, that it would be impossible,
under existing circumstances, to support, in efficient and
successful operation, more than one School of Medicine, and

•sidence)
the city,
es of the
nto, and
'escribed
here are
;his as a
whereby
and left
rgetown.
e wholly
es, from
rersity —
the risk

Lose who
trnicious,
Univer-
vould be
m would
istitution
way, and
re would
ccasional
ppointed

) advance
irhich the
ithorities
me more
lishment.
ecessary;
Id. Now
ipossible,
dent and
cine, and

one of Law, yet this admission should undoubtedly not be
extended to Schools of Arts and Divinity.

As to the latter, it is admitted even by the advocates of
centralisation that there must be several, one for each denomi-
nation ; and as to the former, it can be easily proved, that
there may be several with great advantage. But, as this is
anticipating, it is better to proceed to the next and last head,
under which it was proposed to consider the question, viz.,
that whatever arrangement may be adopted, it is essential
that it should be final.

Frequent changes are injurious to any establishment, but
ruinous to a University. It is impossible that the objects of
such an institution can be attained, if it be subjected to
repeated modification.

Alterations, if often introduced even by its own authorities,
are most prejudicial to its welfare ; but the very anticipation
of external interference in its management would produce the
most mischievous effects. Non solum adventus mali, sed etiam
metus ipse affert calamitatem. Repose is absolutely essential to
its success ; if disturbed, or even liable to be disturbed, it
must fail.

Its pursuits are such, that they cannot be successfully
prosecuted without peace and tranquillity. They require a
devotion of the mind, which cannot exist if apprehensions of
change are constantly obtruding themselves, and every mem-
ber of the establishment would feel the pernicious influence of
this dread.

The governing body would shrink from the responsibility
of adopting any system as permanent, which they knew not
when they might be compelled to change ; the Professors
would be paralysed in the discharge of even their routine duties,
and instead of enjoying the liberty, or feeling the inclination
to prosecute the favourite subjects of their study, during their
leisure hours, would be reduced to the miserable necessity of
employing them in efforts to conciliate, or struggles to resist
the spirit of innovation ; whilst the students would refuse

' I

I I

I (

I \

I; '■

I i

I';

to submit to discipline, attempted to be enforced by those
whose authority they knew might be abrogated or super-
seded by a power, capable of revolutionising the whole
system and establishment. Such must be the result, if the
modifications, which it is intended at present to introduce
into the Charter, should be eflfected by means of a legislative
enactment. Such a course of proceeding will, unques-
tionably, ruin the efficiency of the University, in whatever
way its constitution may be altered. The Act of this session
will appear, before the commencement of the next, to require
some amendments; or, what is almost the same, it may promote
the success of some religious or political speculation to open
the question again by suggesting alterations. The well-
known means of producing popular excitement will be
resorted to — the legislature will then be implored to pacify
the country, which will of course be represented as demand-
ing the proposed changes — these improvements must be
introduced — and thus the process of annual agitation and
annual modification will go on, until at length, by incessant
irritation and constant depletion, the vital principle of the
patient is worn out and exhausted, and the wretched victim,
ever in want of rest, yet never allowed repose, ever drenched
with remedies, but never cured of disease, dies under the
empirical treatment.

Whatever then is to be done, all must pray that it may not
be done by an act of the legislature. The attempt which was
made in Upper Canada, ought to be a warning for ever.

It was not only a failure, (and one admitted to be so now
by men of almost all parties and denominations), but has been
the source of all the troubles which have existed relative to
the question. It despoiled u. Church of England, without
benefitting other denominations ; it offended the friends of
constitutional principles, without satisfying the advocates of
revolutionary movement.

In short, if the intention of the present generatior> in this
portion of the province, be to transmit to their posterity, the

I by those
or super-
the whole
ult, if the
introduce
legislative
, unques-
whatever
lis session
to require
ly promote
)n to open
rhe well-
t will be
to pacify
s demand-
must be
ation and
incessant
)le of the
id victim,
drenched
mder the

t may not
(vhicli was
3ver.

)e so now
has been
elative to
, without
riends of
ocates of

[)i? in this
erity, the

difficulties at present existing, and to ruin the University, the
surest way of obtaining their object is, to petition that the
present act may be modified by another; for then will be
commenced a succession of measures, each following the other,
as surely as unda supervenit undam, until at last the crippled
institution, borne here and there, as the storm of agitation
blows, stripped by every gust and shattered by every wave,
drifts down the stream of time — an abandoned and useless
wreck — having nothing to be plundered, nothing to be saved.

But the most important questions remain, to which all that
has been hitherto advanced is but prefatory ; first, lohat is to
be done ; and when that shall have been disposed of, another,
scarcely inferior in importance, how is it to be done?

Some propose thai there shall be but one University; others,
several ; and the enquiry into which the legislature will be
required to enter, in the discussion of the subject, is, which of
these propositions is the more practicable, and more likely to
be beneficial to the community ?

In the preceding pages, notice has been taken of some objec-
tions to the first plan, which it seems expedient to recapitulate
here.

First, It is impossible to carry it into effect, for of the three
Universities two are averse to the project ; and, it is to be
presumed, will not voluntarily surrender their Charters. If
two of these are forced into union, and the other allowed to
retain its privileges, with improved means, a manifest act of
injustice will be committed, the effect of which must be to
perpetuate agitation.

Secondly, If it were practicable, it would yet be unjust
and unconstitutional, for it would be in reality but dividing
the property of one of those institutions amongst the three,
(or sharing it with one of the other two), and diverting it from
the purposes to which it was to be applied, and from the
Church to which it was granted. And this too, in direct
opposition to the constitutional principle, that the grants of
a Charter cannot be taken away, even by an exertion of

.1 I

t j

Royal prerogative, without the consent of the party to whom
that Charter was given. If the powers be loft to Victoria
College, which it at present enjoys, it would be unjust to
those who would be compelled to have merely a joint Univer-
sity, and if that institution were constrained into union, it
would be unjust to it, as its authorities have expressed their
wish to remain where they are, and this constraint would
entail upon them the expense of erecting new buildings.

Nor would the Church of Rome be exempt from injury,
for her principles would debar her from enjoying any of the
benefits of consolidation, and if regard to her apparent
interest should induce her to unite, a precedent would be
established for a similar partition of her property in the
Lower Province.

Thirdly, It would be a useless violation of justice and
constitutional principle, for it would not attain the only
object which can recommend it, scil. satisfying the wishes of
the community. It is unnecessary to say that it would cause
the greatest dissatisfaction amongst the members of the Church
of England, for that result must be obvious. To the Church
of Rome it is impossible that it could be satisfactory, for it at
once proscribes and threatens her. Neither would it satisfy
the different denominations, now clamouring for change, on
the ground that all have equal rights, and should have equal
privileges, for it would be impossible to give or secure to them
what they demand, and they would very soon discover, with
as much vexation as surprise, that they had assisted in destroy-
ing one monopoly merely to set up another of a different and
more formidable character, and that in their efforts to get rid
of one superior, they had established the supremacy of two.

The property of King's College is insufficient to satisfy one
half of the claimants, if the principle that all religious deno-
minations have equal claims to participation in the benefits of
a public endowment, be that according to which the distri-
bution is to be regulated. If that be not the principle then
a selection must be made, and the confiscation must be^ con-

i {

to A\'hom
» Victoria
unjust to
; Univer-
unioii, it
5se(l their
nt would
ings.
n injury,
[ly of tlic
apparent
would be
;y in the

stice and

the only

wishes of

uld cause

le Church

e Church

', for it at

it satisfy

lange, on

ive equal

e to them

>ver, with

I destroy-

erent and

o get rid

of two.

itisfy one

)us deno-

enefits of

le distri-

pl^ then

i be* con-

ducted for the advantage of a favoured few. But such a course
cannot produce peace or contentment. It is u difficult task to
make such a division of spoil as will satisfy even those to
whom portions are given — still more difficult to silence the
complaints of others, who believe that they have been un-
fairly omitted — but of all most difficult to stifle the indignation
of those from whom the spoil was wrested.

Fourthly, Even if it were possible to get over all these
difficulties, another remains, arising from the objection enter-
tained by many of the community to the system of residence
(which would thus be virtually enforced), and from the dissa-
tisfaction which would be produced by the additional expense,
the necessary result of centralisation.

Those who at present enjoy the privilege of having a
University in their immediate neighbourhood, would be
the first to complain of any plan requiring its removal, for not
merely would the expense of education be increased, but the
ability to meet that expense diminished, inasmuch as the ad-
vantages arising from the necessary expenditure of the insti-
tution, its officers and students, and their friends, and the
increased value of larid in its vicinity, would be taken from
them and conferred on others.

Fifthly, Even on the supposition, that the three Univer-
sities at present in existence would surrender their charters
and agree to consolidation, and that some denominations
would unite in carrying out the scheme, by establishing
colleges and halls for themselves round a literary and scien-
tific institution in Toronto, and that all former objections
were met, the scheme would totally fail in that which is most
desirable and essential — practical efficiency ; for that cannot
exist if there be a want of unity of purpose and action in the
governii^ body — a defect, which must sooner or later be the
characteristic of any assemblage of persons of diiferent reli-
gious tenets, under the most favourable circumstances ; but
which at present, after the heat and excitement of protracted
agitation, would be apparent at the very first meeting.

But there arc other objections of a general character,
besides those which have been previously noticed.

Sucli a phui, in order that there mi^lit be even a cliancc
of its workinjr, wouUl require that the principal governing
body of the University should be shorn of its highest privi-
leges, if it would be safe to allow it to exist, even in name.

The convocation, or, as it is denominated in Cambridge,
the senate, is the body by which the University statutes
and ordinances, binding on all the colleges, are passed. To
a University, having several colleges under it, it appears to
be almost essential; although in the case of one college
having University privileges, it may be dispensed with except
for mere matters of form. This body in Oxford and Cam-
bridge, is composed of all those who are Masters of Arts or
Doctors, and keep their names on the books or boards, and
the number of those there entitled to vote relative to the
statutes and all University matters, amounts in each of those
Universities to some thousands.

It must be evident that such a body, composed of the mem-
bers of different religious denominations, would be wholly
unmanageable and inefficient as the legislative assembly of a
joint University, and could not be retained without the
strongest probability, even certainty, of hopeless delay and
utter confusion. And yet it is absolutely necessary, that all
the colleges should be duly represented in that body, which
has the power of making statutes affecting them all. How,
then, is this to be effected ? It must be by depriving the
University wholly of its democratic element, and confining
the right of making statutes as an exclusive privilege to
a University Council, Board, or Caput, composed of a few
officers selected from the different colleges, whereby the
majority of those, fully entitled to a voice in the matter,
would' be disfranchised, and the effect of this high-handed
limitation would be not to diminish discord, but to increase
its intensity by confinement.

The " Master of Arts," who cannot be supposed to have

been ignorant of this difficulty, seems to have been so sensible
that nothing could be done to meet it, that he never even
mentions the name of convocation. Indeed he has offered no
suggestion whatever relative to the details of the arrangement,
although these are the points which it might be expected
would be most fully considered by a gentleman, having
University experience. Tor the construction of the Council,
he proposes a definite plan, but only as to the members who
are to compose it. It must be borne in mind, relative to this
body, that nothing resembling what it is designed to be, exists
in any University. The only bodies in Oxford, Cambridge,
and Dublin, with which it can at all be compared, are the
Hebdomadal meeting of the Heads of Houses in the first, the
Caput in the second, and the Board in the last ; but it cer-
tainly bears no resemblance to any one of these. Nor is it
similar to the Town Councils of the Scotch Universities, or
the Council of the University of London.

But, however, what are the merits of the proposed con-
struction of the Canadian Council? According to the scheme
suggested by the " Master of Arts," it would consist of the senior
Professors in the Faculties of Arts, Law, and Medicine, one
or two Professors of those Faculties, according to the number
in each, elected by their colleagues, and the Head and one
of the Officials of each of the Colleges attached to the Univer-
sity, to which should be added, it may be presumed, the chief
officers of the University itself, the Chancellor and the Vice
Chancellor or President.

How will this work ? Let it be supposed that the number
of denominational Colleges is five, and that each of these has
on its establishment a head, and one or two subordinate
officials ; the least number of members of the Council (exclu-
sive of the Chancellor and Vice-Chancellor) would be about
fifteen, too few for the legislative body which is to be bubsti-
tuted for convocation — too many for the executive. And the
nearer the approximation of the general scheme to perfection,
which must of course be the co-operation of all religious deno-

"i'i ',

t I

minations in carrying it out, the more sensibly would these
evils be felt. Indeed, it is almost beyond possibility that the
government, administered by a body of which there must be
so many members, and those members professing not merely
different but contradictory religious tenets, several of them
also by profession the teachers and propagators of those
tenets, could be conducted with harmony or even propriety.
Nor could the balance of power be thus preserved, for the
Church of England would certainly have the majority of the
Professors of the Faculties, whilst the number of its College
representatives would be at the least equal to that of any other
associated body.

But there is another objection to this mixed Council, which
may be urged against any scheme for constructing it on the
principle of representation, viz., the absurdity of making
religious tenets a qualification for admission into the govern-
ing body of that, whose characteristic is to be the total absence
of distinctive religious character. Can there be any greater
inconsistency than first to provide that an institution shall
not have an)'" Professor of Divinity, and then summon for its
government the Professors of that very department which
has been separated from it ?

Nor is the Convocation the only feature of a University
which must be obliterated.

The Faculty of Divinity must be abolished, at least as an
appendage of the University, or else retained under circum-
stances which either no conscientious member of any denomi-
nation could approve or which would deprive its degrees of
all value and claim to respect. Different arrangements may
be proposed, whereby the pressure of this difficulty may
appear to be lightened, but it is impossible to remove it.
Candidates for the ministry, it must be admitted, will form
a very large portion, if not the largest, of the students in the
University, if its constitution should be such as not wholly to
exclude them. Now they are to be regarded as candidates
for degrees not merely in Arts but in Divinity. How unjust,

d these
that the
must be

merely
of them
of those
•opriety.

for the
y of the

College
ny other

il, which
b on the
making
govern-
. absence
r greater
ion shall
»n for its
it which

liversity

then, would it be to deprive them of the opportunity of
obtaining the distinctions, which they most highly value ; how
unwise to compel them to seek them in other Universities,
and to alienate so large and influential a body ! For this and
other repsons the faculty should not be abolished. But how
is it to hf r .uined, or rather how are degrees in it to be con-
ferred ? The proposition, that one Vice Chancellor should con-
fer all, to whatever denomination the candidate may belong,
is revolting ; the scheme of appointing a Pro Vice-Chancellor
for each denomination is unquestionably much less objection-
able ; but the anomaly, from which Christian feeling shrinks,
remains unsoftened and unmitigated, viz., the monstrous
inconsistency of having degrees in Divinity conferred by one
university on persons belonging to different denominations,
and thus authorising the promulgation of contradictory tenets
on the most important of all subjects.

It must be borne in mind, also, that the plan is the result
of mere theory. Nothing which can be justly regarded as
analogous to it has ever been attempted, and anything which
might be adduced as parallel, has either failed or produced
disastrous results. In the United States, union colleges have
been commenced on the principle, but have ended in one
denomination gaining the superiority. In some of the Ger-
man universities, there are two faculties of Divinity, and to
this as much as to any other cause is to be ascribed the spread
of neologian and infidel principles in that country.

The London University, which some of the admirers of the
new plan of consolidation regard as a model, has scarcely any
point of agreement with the institution which they recom-
mend. In the first place, its characteristic is dispersion, not
centralisation, for it recognises for degrees in Arts and Law
the certificates of not less than twenty-one colleges or institu-
tions scattered over England, Wales, and Ireland; whilst
those which it receives for degrees in Medicine, embrace the
students of more than sixty establishments in different parts
of the world. In the second place, it does not profess to give
H

religious instruction according to the tenets of the different
denominations, but regards none as necessary ; and its govern-
ing body is not composed of individuals selected because
they profess particular religious tenets, but wholly without
reference to whether they either profess or have any or not.

The objections, which have been advanced in opposition to
the principle, on general grounds, render it unnecessary to
dilate on those which are special, and directed against details.
It will be time enough to urge these, when any definite
plan, based on the principle, shall have been formally brought
forward.

And yet it may be as well to glance at the heads of a plan^
which have been noticed in the public papers as the chief
provisions of an intended bill on the subject, and offer a few
brief observations on them, adopting the order in which they
have been arranged.

I. The erection of a new University is an act which
unquestionably exceeds the powers of any legislative body,
inasmuch as it is peculiar to royal prerogative.

II. This abolishes the Faculty of Divinity as a depart-
ment in the University, and yet there is a provision that degrees
in Divinity shall be conferred. Now degrees are University,
not College, distinctions ; and all those, who may hereafter
receive the title of B. D., or D. D., from the University of
Upper Canada at Toronto, (to whatever denomination they
may belong), will be regarded as graduates not of any College
or Hall in that University, but of that University. The
effect of this will be to lower and degrade those degrees, if
indeed any conscientious men would wish to accept a badge
conferred indifferently on truth and .alsehood.

III. The power of conferring degrees in any Faculty can
be granted but by the sovereign.

IV. The arrangement for the admission of students as mem-
bers of the University, whose names are not on the books of one
of the Colleges, must produce dissatisfaction and disorder ; for
they would have an unfair exemption from the College duties,

HfFerent

govern-

because

without

or not.

>sition to

jssary to

b details.

definite

brought

>f a plan>
the chief
Fer a few
lich they

ct which
ve body,

I depart-
t degrees
liversity,
hereafter
rersity of
ion they
College
/. The
jgrees, if
badge

2ulty can

as mem-
ksofone
rder; for
re dutiesj

and College fees, imposed on the others — and no provision
whatever seems to be made for their discipline. The provision,
that the certificates to be required of such students, must be
given by some Clergyman or Minister residing in Toronto,
would exclude many, who might desire to be admitted. The
effect of this arrangement would be to discourage different
denominations from establishing a College or Hall in the
University, for their members would be more favourably
circumstanced, as far as regards expense, without, than with
one; and to induce young men, whose religious principles
were not settled, to prefer one of those denominations, by
adhering to which they might obtain degrees with less trouble
and at less cost.

V. The provisions under this head are almost inconsistent
with each other. If the allowance to each College is to
depend on the number of the students on the books, who have
attended the University during the two years preceding, there
should be no arbitrary maximum limit, but a graduated scale,
according to which the allowance might rise. This will at
once appear, on attempting to fix the number of students, to
which the minimum limit will apply. Let it be supposed,
that that is fixed at 20, and that this number will entitle a
College to receive £300 per annum. If another College
should have 100 on its books, it should reasonably be entitled
to an amount proportionably larger, i. e., to 1500/. per annum,
and yet the maximum limit is lOOOZ. The effect of this
restriction would be that the Colleges would take care not to
have a greater number of students, than that which would
entitle them to the highest allowance. But the scale is much
too low for the support of any thing having any claim to be
denominated a College, nor are the funds of King's College
adequate even for it, if the present establishment of Professors
be retained in the new University. If it should be said, that
it is expected that the principal support of those Colleges
will be derived from donations, it is plain that King's Col-
lege, as the Church of England institution, will be placed

in most unfavourable circumstances; being first deprived of
the property which was granted to it as the Provincial
University, and possessing no land or pecuniary resources as
an exclusive establishment, whilst Queen's College would, of
course, retain the means which she at present possesses, derived
from private donations. The restriction relative to the
attendance of the students during the two years preceding,
although well intended, would in practice be found injurious,
for on the addition of any new College, it would be without
assistance during the very period, in which it most required aid.

VI. & VII. It is unjust that Victoria College should be
allowed to remain a separate establishment; and the par-
tiality, shewn to it, is apparent in the provision of the next
head, whereby that College (for although Colleges are men-
tioned, it alone can be intended,) is granted an option as to
joining in the plan. By the preceding clause. King's College
is to be forced into union by the mere declaration of the
pleasure of the Legislature, but Victoria College is permitted
to doubt whether it will surrender its charter or not.

VIII. The object of this clause appears to be merely to
give the appearance of a general character to that which can
have but a particular application, and which is specially
adapted to the wishes of a particular denomination.

XL The Council, as here constituted, will certainly not
satisfy those, whose avowed object in seeking a change
of the existing state of things, has been, that the influence of
each denomination in the governing body shall not be uncer-
tain, but determined — not dependant on accidental circum-
stances, but invariable, according to fixed proportions.

X. This contains mere allusion to the duties, which, accor-
ding to the plan, should devolve on the University^ whereby it
is to be presumed that the University Council is intended.
It is in the discharge of these duties that the impracticability
of working a joint University under a mixed Board will be
most clearly apparent. The first subject to which it will
be required to direct its attention, will be the standard of

ved of
vincial
rces as
mid, of
lerived
to the
ceding,
iurious,
ivithout
red aid.
auld be
le par-
te next
•e men-
)n as to
College
I of the
rmitted

rely to
ich can
)ecially

y not
change
ence of
uncer-
ircum-

accor-
reby it
ended,
ability
vill be
|it will
lard of

qualification for admission ; for this must be regulated by
the University, lest the provision, whereby the amount of
pecuniary assistance to be given to each of the Colleges,
is made to depend on the number of students, should operate
as an inducement to admit persons inadequately prepared.
The necessity for this is further apparent from the dif-
ference of the standards at present adopted in the three
existing Universities. Then the requisites for degrees
must be settled, to which the members of all the Colleges
must conform. The questions, which will arise here, will be,
whether residence shall be required or not — iwhat is to consti-
tute keeping Terra — what subjects shall be compulsory,
and what optional — what shall be the duration of residence,
attendance or standing before attaining any degree — what
degrees shall be conferred — whether with or without the
preliminary step to the full degree — whether any or what
declaration or oath shall be required, and what shall be the
forms. When all these shall have been arranged, the names,
duties, and mode of appointment of University Officers, (if not
provided for in the Bill) will be the next topic for discussion
in the Council — how many Proctors or Proproctors there shall
be — how far their authority is to extend — how they shall be
appointed so that each College shall have its proper influence
— ^how many examiners there shall be, and how they shall be
appointed so as to secure not merely the reality, but the
appearance of perfect impartiality.

Special provision will be required for the University
students, (not members of one of the Colleges), inasmuch as
they will be solely under the charge of the governing body
of the University. This will probably require the introduc-
tion of a Board of Discipline, subordinate to the Council.

All these, and many other things of a similar kind, are
included under the words "the management of the Institution,"
and are so difficult to adjust, that it may fairly be questioned
whether it would not be better for the Legislature, in order
that the plan might have some chance of succeeding, to draw

li I

up a body of statutes on the subject, for the use of the Uni-
versity, as royal statutes were prepared for the government
of some of those in the United Kingdom.

XI. This is certainly an improvement on the provisions of
the Charter and Act, although, it is believed, the office of
Visitor has hitherto been limited to Colleges or Halls.

XII. It seems very doubtful whether it could be safe to
introduce the principle of election into a University com-
bining so many discordant elements ; as it could not fail to
put them all in motion. The fire of religious animosity, if it
could be at all kept down, would be soon fanned, by the excite-
ment of a contested election, into a blaze, which would
endanger the very existence of the Institution. This result,
which is highly probable even if the right of voting were
restricted to members of convocation, would be certain if
the privilege were extended to the students.

XIII. The propriety of this depends on the rank desig-
nated by the title of M. A., and on the provisions to be
made in the statutes relative to degrees in Medicine and Law.
If the title be that of the only degree in Arts, i. e. if it be
not obtained subsequently to that of B. A., the right to a seat
in convocation is too much extended, and the arrangement
would be unjust to those who have taken both degrees. If
the degrees of M. B. and B. C. L,, (or LL.B.) are to be con-
ferred, it might not be advisable to exclude from that body
those who had taken them, nor are they at present excluded
by the charter of King's College.

XIV. Some academic, literary, or scientific test or quali-
fication should be required previously to the appointment
of professors. The declaration required of the Members of
Council, Professors and officers (although better than none),
does not go far enough for some and yet too far for others.

XVI. By this provision the outrage on King's College is
completed. First its charter and property are taken away —
next, an arbitrary restriction is imposed to stop its growth,
and prevent its receiving more of its own revenues than 10007.

.).

,u i

the Uni-
v^ernment

visions of
office of

le safe to
>ity eom-
[)t fail to
sity, if it
le excite-
ih would
is result,
ing were
certain if

ik desig-
ns to be
md Law.
. if it be
to a seat
ngement
rees. If
) be eon-
hat body
excluded

)r quali-
Dintment
nbers of
in none),
thers.
oUege is
away —
growth,
hn 1000/.

per annum, — and then the despoiled institution is required,
in bitter mockery, to support a Board of five for the manage-
ment of the pittance doled out by the Council of the rew
University, as a sportiila^ turhce rapienda togatce.

XVII. It is obvious that Queen's College, retaining its
Charter and present organisation, will be more favourably
circumstanced even in those respects, than King's College
deprived of its Charter and statutes.

XVIII. No notice is taken of the preliminary degrees,
which should be required previous to obtaining those in
Divinity. It seems absolutely essential, in order that distinc-
tions in this Faculty may not become utterly contemptible,
that the Colleges should not be permitted to confer them,
without restriction. Otherwise, the desire of those establish-
ments to add to their influence in convocation, might induce
them to render those degrees disgracefully common.

XIX. The limits of University and College authority
should be clearly defined, for constant difficulties will arise.
If a student of any College should commit a breach of disci-
pline within the University, but without the walls of his
College, in whom is the right of interference vested? The
University Professors will certainly not wish to refer the
matter to the College authorities, nor can the latter like the
interference of others with regard to those peculiarly under
their charge. If the University is to take cognisance of such
matters, it will soon be found necessary to have as many
Proctors, or as many members of a Board of Discipline, of
different religious denominations, as there are Colleges.

XX. By this clause, the whole of the property which
King's College holds by royal grant, would be taken away,
without the consent of its Council, and transferred to an
experimental establishment erected by incompetent autho-
rity.

From what has been stated relative to this plan, asserted
to be that in accordance with which a bill is to be framed, it
it is evident that it cannot be regarded as the basis of a satis-

II i

factory settlement of the question, for it is open not only to all
the general objections, but even to others derived from details.

But the question recurs. What is to be done ? If the pre-
vious reasoning has been correct, it has been demonstrated
what should not be done, but no more.

The plan, then, which the writer of these pages would
submit, as in his judgment the best which can be adopted
under the circumstances, is to leave the endowment of King's
College untouched, and to provide endowments from the
crown lands, and residue of the clergy reserves, for the other
universities at present existing, and also for those which may
hereafter be established by royal charter.

Nor would the expense of carrying out this plan be as heavy
as might at first be supposed. It will probably be admitted by
every one, that this portion of the province does not require
more than one efficient school of either Medicine or Law.
Let, then, the expense of supporting these schools for the
benefit of all be borne by King's College, and let the nomi-
nation of future professors in these departments be made by
the different Universities according to a cycle, or in any
other way which may be most satisfactory, or most likely to
ensure efficiency.

Let Upper Canada College also be supported by King'*
College for the benefit of all. The other Universities should
be endowed so as to enable them to have efficient schools of
Arts and Divinity, and also should have good preparatory
seminaries attached to them. The Head, with four Professors,
would be fully equal, for some years, to the discharge of the
University duties. This indeed is a stronger staff than King's
College at present possesses in those faculties. The Gram-
mar School connected with each of these Universities might
be partly supported out of the Grammar School fund, as the
arrangement would in fact be in accordance with the original
intention of applying that fund to the support of such estab-
lishments in different parts of the province.

Exhibitions might be founded in Upper Canada College,

ily to all
i details,
the pre-
nstrated

s would
adopted
f King's
om the
lie other
ich may

is heavy
itted by

require
or Law.

for the
nomi-
oade by

in any
ikely to

King'a
should
lools of
aratory
fessors,
of the
King's
Gram-
might
as the
riginal
estab-

oUege,

for the benefit of the pupils of those Schools, so that the most
deserving might enjoy the advantages of the higher instruc-
tion, which that College affords, as preparatory to entrance
into one of the Universities.

What are the superior advantages, which characterise this
plan?

First, It not only does not place any of the existing
Universities in a worse position than at present, but it ensures
an improvement in their circumstances. Peace would more
than compensate King's College for the additional expendi-
ture imposed on her.

Secondly, It does not require a violation of the principles of
justice or constitutional law.

Thirdly, It neither gives an unfair superiority to Victoria
College, by leaving it as the only University having a dis-
tinctive religious character, nor yet injures it by forcing the
abandonment of its present buildings.

Fourthly, It effectually prevents any combination of the
Church of England and the Church of Scotland, or any
establishmentof a joint supremacy, whereby the other denomi-
nations would feel themselves aggrieved, and might actually
be wholly excluded.

Fifthly, It would not debar the Church of Rome from the
benefits of University education, as she might have one under
her own controul; and would not establish a precedent,
whereby the security of her property in the Lower Province
would be endangered.

Sixthly, It would distribute through the Province the
advantages which a University brings to the place in which
it is situated, and to the whole country in its vicinity, instead
of securing a monopoly of these to any one town or district.
It would render the blessings of University education more
easily and cheaply accessible to a greater number of the
community.

Seventhly, It would remove all difficulties as to the forma-
tion of the Convocation or Council, for each University would

be governed according to its own statutes, and it would not be
necessary either to abolish or to degrade degrees in Divinity.

But what are the objections to it ?

The author of the pamphlet, so often referred to, offers the
following, which shall be considered in the order in which
they have been advanced.

First, " The enormous pecuniary cost," which would war-
rant the charge of " approximation to impossibility."

Before considering the validity of this objection, it is
necessary to state that the necessity for expenditure (whether
small or great) is produced by the existence of the Colleges
at Kingston and Cobourg. It is not King's College, but
they, which require assistance. The Act, whereby King's
College was divested of distinctive religious character, had
been passed, before those Universities were established — and
yet instead of proposing or endeavouring to carry out a
scheme for a joint University, the Presbyterians and Me-
thodists preferred having exclusive institutions for themselves.
That was the time for considering "the enormous pecuniary
cost" of separate Universities. It is now too late — ^when the
Charters have been obtained and the Institutions are in
operation — to urge the expense of such establishments as the
ground for incorporation with a University from which they
had voluntarily separated themselves.

It is plainly unjust that King's College should suffer for the
errors of others. If other Universities, which have been
established since she obtained her Charter, cannot continue
to exist as they were established, without "enormous pecuniary
cost," it is unfair to throw the blame, which attaches to those
who were instrumental in founding and conducting them, on
others who neither advised nor desired their existence as
separate institutions.

But, however, the enquiry relates to circumstances as they
at present exist.

There are three Universities, and they must be either con-
solidated or maintained as they are. If the choice then lies

between these alternatives, the first being unjust, unconstitu-
tional, impracticable, and unsatisfactory, and the latter being
only very expensive, there can be no doubt which should be
preferred.

Fiatjustitia, mat caelum, is a true though trite maxim, and
has never been neglected with benefit either by individuals or
by nations.

The expense, besides, will not be so enormous, that
provision cannot be made for it by endowments out of the
Crown Lands and the portion of the Clergy Reserves re-
maining. It is asserted by the Master of Arts, that " any-
thing deserving the name or fitted for the purpose of a Univer-
sity, and that too without a Medical School, or with a very
imperfect one, would require a sum of at least 100,000/., or
one third of that amount in hand, and a yearly revenue equal
to the interest of the remainder." The sum in hand, it is to
be presumed, is intended to cover the expenses of buildings
and outfit. According to this scale, then, (which was cer-
tainly not that adopted in founding Queen's College) 33,000/.
or 34,000/. would be required for those purposes, and an
annual income of about 4,000/. per annum. Of the three
Universities, to which the plan would be at first applied, one
does not require any addition either to its capital or its yearly
revenue. Of the other two, one has buildings, the other, it
is believed, a considerable portion of the sum which would
be required for their erection, whilst both of these must be,
at least in some measure, already provided with those acces-
sories, which come under the head of outfit.

It appears, then, that the amount required for commencing
would be by no means as large as might, on first thoughts,
have been expected ; and the question at present is almost
reduced to this, whether the payment of 8,000/. per annum,
or providing an endowment which will yield that amount, be
too high a price for a satisfactory settlement of the question.

The next objection is, that the plan of having several
Universities has been tried in the United States, and signally

1 1

^'1

failed; and tlio author of tlie pamplilet mont justly censures
the results of the system as there developed.

And yet this failure, perhaps, should be imputed rather to
the peculiarities of that country, than to any inherent defect
in the plan itself. The rivalry, which exists between the
different States composing the Union, is doubtless one cause
of the great number of such Institutions ; and the prevalent
taste for pompous desi«rnations, and specious appearances,
sufficiently explains the too common abuse of the term
University, by applying it to a badly appointed school.

But the author seems to have forgotten the examples in
Europe, which might be adduced in favour of the plan.

In Prussia, there are six Universities : Berlin, Bonn,
Breslau, Greifswald, Halle and Kcinigsberg — in Austria
(including her dominions in Italy) ten : Gratz, Innspruck,
Lemberg, Olmiitz, Pesth, Prague, Vienna, Mantua, Padua,
and Pavia — in Spain, fifteen : Alcala, Cervera, Granada,
Huesca, Onate, Orihuela, Oviedo, Palma, Salamanca, Sara-
gossa, Santiago, Seville, Toledo, Valencia, Valladolid — in the
Papal States, seven : Bologna, Camerino, Ferrara, Macerata,
Perugia, Rome and Urbino — in the Kingdom of Sardinia,
four : Cagliari, Genoa, Sassari, and Turin — in Belgium,
four: Brussels, Ghent, Liege and Louvain — in Holland,
three: Groningen, Leyden, and Utrecht. France, indeed,
furnishes a precedent for having but one University ; but it
must be remembered, that the principle of "the Royal
University " in that kingdom is not centralisation, but dis-
persion, for there are about twenty-six colleges under it,
scattered over the country. There are six Faculties of
Divinity (conformable to the Church of Rome) connected
with six of these colleges ; two (conformable to the tenets of
the Reformed Church) under two others, and nine Faculties
of Law, three of Medicine, and seven of Arts, in different
parts of the kingdom. Paris comprehends the Faculties of
Arts, Medicine, Law and Divinity (Roman Catholic) ; Stras-
bourg and Toulouse of Arts and Divinity (Reformed, the

Lutheran at Strasbourg — the Calvinistic at Montauhan) ;
Aix, of Law and Divinity (Roman Catholic); Caen and
Dijon, of Arts and Law.

In Ireland, also, there is but one University — in the metro-
polis — but agitation has already commenced for erecting, in
addition, one in each of the provinces.

But, it may be said, the ratio to population has not been
considered. It certainly has not, nor does it appear that it
should be, for the colony (particularly this portion of it) is
receiving annually such large accessions to its numbers, by
immigration, and is of such immense extent, that the Euro-
pean standard cannot be justly applied. And yet even if
this ratio be taken into account, Scotland supplies a parallel,
for when its population could scarcely have been greater
than that of this portion of the province at present, there
were the three Universities of St. Andrew's, Glasgow,
and Aberdeen ; and before a century had elapsed from the
establishment of the last of these, another was founded in
Edinburgh.

Another objection is derived from the small number of
students that can be expected in each of the Universities.

Now, it is not certain that this evil would be materially
diminished by consolidation, for the expense would be so
much increased, that many must be excluded who would have
availed themselves of the benefits of University education, if
afforded to them in their own place of residence or its imme-
diate neighbourhood.

In the next place, whatever advantages centralisation
could afford, would be secured by the plan, recommended
by the author of these pages, to the Professors in those
departments, in which the evil would be most sensibly felt,
viz.. Medicine and Law. In the other departments (par-
ticularly the Faculty of Arts) the Professors must for some
years be content to discharge chiefly the duties of Tutors;
and under these circumstances, the smallness of their classes
is rather an advantage, inasmuch as it enables them fully

"I-

to test the preparation and ascertain the deficiencies of each
of the students on every occasion of attendance. In what-
ever degree the system of teaching by prelection inay be
supposed to have succeeded in those European Universities
which have adopted it, it certainly would at present fail here ;
and the Professor of Classical Literature or Mathematics,
who would limit the instruction, which he gives in his depart-
ment, to mere lectures, would find on examination that his
hearers knew little more about the subject than what he had
noticed, if they even could understand or retain all that he
had communicated. Undoubtedly, even in these departments,
more interest is excited, and more gratification felt, by having
a sufficient number of pupils ; but it will be a considerable
time before a largie number will not be more than sufficient
even for the most ardent and energetic Professor. But, it
may be said, this evil will be remedied, if the principle of
consolidation should be carried out, by the division of labour
which may then be introduced. But how can this be, accord-
ing to any plan on this principle which has yet been proposed?
It does not appear that any one of the Colleges, which it is
intended to collect around the University, is to contribute
anything to its support, but rather to draw considerably on its
funds. The whole expense of sustaining the central Institu-
tion must, therefore, be supplied from the revenues at present
belonging to King's College, burthened with contributions to
the separate colleges, and even now not more than sufficient
for the present establishment of Professors.

But another objection is advanced, on the ground that
** those Universities will be not merely separate but sectarian.**

The same objection is applicable to the Colleges, which it
is proposed to attach to the common University, for the
very necessity for establishing these proves that the various
sections of the religious community will not " dwell together
in unity as brethren." But it may be replied, these Colleges
are destined for theological education, and the objection was
applied merely to the secular departments. If this be the

of each
n what-
may be
v^ersities
lil here ;
ematics,

depart-
that his

he had
that he
rtments,
T having
iderable
ufEcient

But, it
iciple of
if labour

aceord-
oposed?
eh it is
ntribute
ly on its

Institu-

present
itions to
iifBcient

nd that
darian"
which it

for the

various
;ogether

oUeges
Ition was

be the

point to which the objection is directed, the obvious mode of
meeting it is to observe, that no one has ever proposed (nor
should any individual or body be permitted to effect), that the
benefits of education in any one of the Universities should be
restricted to members but of one church or denomination.

The governing body, indeed, should be of the same com-
munion, but unquestionably it would be both unwise and
unjust to exclude students of any denomination, if they
desired to be admitted. It appears, then, that the blending
of the youth of different religious persuasions is not a pecu-
liarity of the plan of consolidation, but is also a feature of the
other, which recommends separate establishments.

But even if it be conceded, that the plan suggested in these
pages is that which presents fewest difficulties, and holds out
the greatest advantages, the enquiry yet remains how it is to
be effected? As the author presumes not to offer any opinion
on the details of parliamentary procedure, he will confine his
observations on this head to one step — the most satisfactory
and beneficial which can be taken.

Let the Act of 1837 be repealed. — Let it be repealed,
because it furnishes an authoritative precedent for tampering
with vested rights, and menaces the security of private pro-
perty ; let it be repealed — because its tendency is to abolish all
religious instruction and to foster latitudinarianism ; let it be
repealed — because it contains provisions either inefficacious,
inexplicable, or pernicious; let it be repealed — because it
has utterly failed in effecting the objects for which it was
introduced — because its operation has realised the fears of its
enemies, and disappointed the hopes of its friends.

The eflFect of this measure, as tending to a settlement
of the question, will be — to reduce necessary legislative
action to but two points — the arrangement of the Faculties
of Medicine and Law, as departments common to the three
Universities, and to the provision of an endowment for the
Colleges and Schools at Kingston and Cobourg. King's
College would, doubtless, surrender a portion of her funds,

W-

for the first of these objects, nor hesitate to make this sacrifice
to peace — whilst the Imperial and Colonial Legislatures
would gladly unite in promoting the public good, by manifest-
ing that judicious liberality, whereby ample provision might
be made for the second.

The author has now discussed the subject as fully as the
limits of a pamphlet permit.

Additional facts and arguments might be advanced in con-
firmation of the statements, which he has made, and the views
which he has taken. These, however, he deems it unneces-
sary at present to offer, but before he concludes, he desires
briefly to revert to some considerations, which it is important
to bear in mind in pronouncing a decision on this momentous
enquiry.

The interests, involved in it, are not merely those of
contending religious denominations, or rival political parties ;
the preservation of Christianity itself as an ingredient in
education, and adherence to constitutional law as an element
in legislation, are at stake. The question at issue is not
whether the property and privileges held by King's College
under a Royal Charter, and by different religious bodies in
Lower Canada under a treaty, are to remain intact; but
whether the rights formally secured to corporations and
individuals can be taken from them without their assent —
whether the prerogative of the Crown, and the faith of the
Sovereign are to remain inviolate.

The enquiry is not, what is the easiest mode of effecting a
lull in agitation ; but what is the surest course for producing
permanent satisfaction, — not what will silence clamour but
what will satisfy justice.

During the eighteen months, in which King's College
has been in operation, a degree of success has attended it,
exceeding what the most sanguine of its friends anticipa-
ted, and much surpassing that of any colonial institution in
any part of the British dominions. Every day is adding to
the efficiency and completeness of the system. Almost all the

9 sacrifice
gislatures
manifest-
ion might

ly as the

'd in con-
the views
unneces-
le desires
important
omentous

those of
1 parties ;
edient in
1 element
lue is not
s College
bodies in
tact; but
bions and

assent —
ith of the

ffecting a
troducing
nour but

College
ended it,
anticipa-
tution in
idding to
)stallthe

difficulties incident to the commencement of such an establish-
ment in a country, in which no similar institution had ever
existed, have been surmounted; — the Professors are ene-asred
in the active discharge of their duties — the students in the
successful prosecution of their studies. The institution is
even already supplied with most of those appendages which
can render it efficient and worthy of the Province; and
measures are in contemplation for adding whatever is yet
wanting to make the establishment complete, or to ensure its
general utility.

Is it wise, to stop the onward progress of such an establish-
ment, merely to try an experiment, invented to meet a
particular exigency — an experiment, which is recommended
neither by sound policy, nor true principle, and which, there
can be but little doubt, would be condemned by the vast
majority of University men both here and in the United
Kingdom, as a project originating in mere theory, or inexpe-
rienced speculation — an experiment, too, the result of which
will be, should it fail, to deprive the inhabitants of this portion
of the Province of one of the greatest blessings, and noblest
privileges which they enjoy ; to take from the rich the oppor-
tunity of qualifying their sons to enjoy wealth with dignity,
or to discharge duty with success, and to rob the poor of the
best, the only legitimate, means whereby they may enable
their children to overcome all the difficulties of straightened
circumstances and humble birth, and raise themselves amidst
that aristocracy of talent and learning, before which all the
adventitious superiority of rank and wealth and influence
must bow ?

Is it just, to take away privileges and property solemnly
conferred by Royal grant, from the Church on which they
were bestowed — that a partial distribution may be made for
the benefit of at most but two religious bodies, — to exclude
the Church of Rome from all participation in these benefits,
and to mock other denominations with delusive hopes of
Charters never to be granted, of Colleges never to be built? .

. ■!!''

Let the measure be disguised as it may \}f specious general-
ities, it is virtually nothing more than a plan for dividing the
endowment of King's College between the Churches of
England and Scotland.

Is it fai]', or reasonable, to deprive all portions of the
Province but one of the advantages to be derived from the
possession of a University, and confine the benefits of education,
so tliat many must be excluded who might otherwise have
participated in them ?

The principle is the same, as if it were proposed to benefit

the lands by turning off the pure clear rills, which fertilize and

enrich them, and forcing them to form one turbid and troubled
stream.

Is it statesmanlike to construct the most powerful engine
for effecting national good and evil, on principles, not only
never tested by experience, but directly in opposition to those
adopted in the best models, and to clog it with machinery so
ill iulapted to work, that the whole power would be exhausted
in efforts to overcome mere friction?

Is it prudent to recognise agitation as an element of the
colonial constitution, and sacrifice principle and abandon
justice for the hope of pacifying clamour ?

Is it safe to establish a precedent, threatening the security
of private property, and justifying a partition of the pos-
sessions belonging to the Church of Rome in the Lower
Province ?

Nor let it be said that this danger is imaginary, or that there
is no intention of invading the possessions of that Church.
What mean the petitions which have been recently presented
to the House, calling for the application of the same principle
to educational establishments in both portions of the pro-
vince ? What means the demand of equal justice for Canada
East, wliich has been urged in the public papers ? What
means tlio ominous admission in the conclusion of "Thoujihts
on the University Question," that " tJio general principles
niMiiUaincd [in tliat pamjjhlot] are in favour of tlie establish-

general-
ding the
'dies of

s of the
from the
ilucation,
'ise have

benefit
tilize and

troubled

il engine
not only

1 to those
hinery so
!xhausted

raent of some one University for Lower Canada on the sclieme
j)ro[)osed, as the only just and true one in the case of Upper
Canada?"

Tliey are all indications, neither difficult to understand nor
possil)le to mistake, that the spoliation which commences in
Toronto, will not end until it reaches Montreal and Quebec ;
that tlie spirit of confiscation if once permitted to riot amidst
the acres of King's College, will soon desire to revel amidst
the more luxuriant domains of the Seminaries— that the pow-
er, which shows no respect for the rights of the Church of
England, will pay but little regard to those of the Churcli of
Rome, and that if an endowment conveyed by charter, under
the great seal of England, can be alienated, a treaty will
soon be regarded as furnishing but a weak claim for the
permanent possession of revenues, however secured by its
provisions.

Jluere ilia non possunt, ut Jkpc non eodem Icibefactata motu conciihnt.

nt of the
abandon

i security

the pos-

{\e Lower

that there
t Church,
presented
; principle
• the pro-
or Canada
s ? What
Thoup'lits
prin('i])les
establish-

THE E N D.