'^arm VICTORIA UNIVERSITY 
 
 LE- LIBRARY 
 
 TC3^R MAR 13 1945 
 
 '- cAmDiAm 
 
 ADDRESS 
 
 DellVAred \yy tl:i4 
 
 
 Hon. G. W. Ross, 
 
 On moving 
 
 the Second Reading of a Bill re University of Toronto, 
 in the Legislative Assembly of Ontario, 
 
 on 
 
 APRIL ist, 1897. 
 
\ ' 
 
 i 
 
 !M. 
 
ADDRESS 
 
 Delivered by tbi* 
 
 Hon. G. W. Ross, 
 
 On moving 
 
 the Second Reading of a Bill re University of Toronto, 
 in the Legislative Assembly of Ontario, 
 
 on 
 
 APRIL 1st, 1897. 
 
 TORONTO: 
 WARWICK BRO'S & RUTTER, Printers, &c., Front St. West. 
 
 1897. 
 
Bnrr) 
 
 
ADDKESS DELIVERED 
 
 BY THE 
 
 Hon Geo. W. Ross 
 
 On moving the Second Reading of a Bill for setting 
 apart certain wild lands of the Crown for the benefit of 
 the University of Toronto, and for the payment of the 
 sum of S7,000 in perpetuity in extinction of the claims of 
 the University for the diversion of its endowments (April 
 1st, 1897). 
 
 The object of this Bill is to make restitution as far as possible to 
 the University for lands and moneys which have been withheld or 
 diverted in various ways during the last fifty years. I shall en- 
 deavor briefly and impartially to state the case as it appears from 
 the documents placed in my hands hy the Senate of the University 
 and other sources of information at my disposal. 
 
 On the 3rd of July, 1797, the two branches of the Legislature of 
 Upper Canada adopted an address to His Majesty, King George 
 III, praying that he would apply a certain part of the waste lands 
 of the Crown for the maintenance of a Grammar School and a 
 University, "where the youth oi the country might be enabled to 
 perfect themselves in the different branches of liberal knowledge." 
 On the 4th of November of the same year the Colonial Secretaiy 
 signified his approval of the request made by the Legislature. 
 
 On the Ist of December, 1798, the Executive Council recom- 
 mended that an appropriation of 500,000 acres, or ten townships, 
 of the waste lands oi the Crown be set apart to {ovm a suflicient 
 fund for the establishment and maintenance of four Grammar 
 
Schools and a University. The Grammar Schools were to 1)6 estab- 
 lished at Newark, Kingston, Cornwall and Sandwich, and the 
 University at York. Through inadvertence, 170,715) acres of this 
 appropriation were alienated by the Crown and given to various 
 individuals. To make good these deficiencies other lands were 
 Bubbtituted and the original endowment increased, j)lacing at the 
 disposal of the Crown a total area of 55 ',274 acres, of which 190,- 
 573 acres were applied for the establishment of Grammar Schools, 
 leaving for University purposes 359,701 acres. In lS23theinan- 
 agement of the Grammar School lands was placed in the hands of 
 a Provincial Board of Education appointed by the Lieutenant- 
 Governor. 
 
 As the Charter for the establishment of a University was not 
 obtained from the Imperial Government until 1827, the title to the 
 lands intended for University purposes remained in the Crown, 
 but, in 1828, the year after the Charter was granted, an Order-in- 
 Council was passed on the 3rd of January, setting apart 225,944 
 acres ' ' being part of the tracts of land reserved and set apart by 
 His Majesty unto the Chancellor, President and Scholars of King's 
 College at York in the Province of Upper Canada and to their suc- 
 cessors forever." The right of the University to the remainder of 
 the 359,701 acres has always been insisted upon by the University 
 authorities. In the report of the University CommissioRGrs laid 
 before Parliament in 1851 it is stated that the residue of the tyrant 
 of 1798 (that is deducting the grant to Grammar Schools) w^as re- 
 garded by the late Dr. Strachan, first President of the University, 
 and by the Lieutenant-Governor, as only a portion of the Royal 
 Grant which had been intended for the support of the contemplated 
 University. This opinion was confirmed by the late Adam Crooks 
 in a report made to the Lieutenant-Governor, dated 31st of Janu- 
 ary, 1881. 
 
 It seems tolerably clear, therefore, that the intention of the 
 Legislature, expressed in its address to the Imperial Government, 
 one hundred years ago, has not been carried out. I admit that 
 after the lapse of one hundred years, it is somewhat difficult to 
 pick up every link in the chain of evidence which one might desire. 
 For instance, it is alleged, although the lands appropriated in 1828 
 were less in area by 130,000 acres than the lands to which the Uni- 
 versity was entitled, that they were nevertheless of greater value 
 than the waste lands originally intended in the address of the Legis- 
 lature of 1797 because they were Crown Reserves and within the 
 
5 
 
 settled area of the country. In the letters patent, however, grant- 
 ing these lands to the University of King's College, it is distinctly 
 stated that the 226,944 acres so exchanged were part of the tracts 
 of land reserved and «ftt apart by His late Majesty, and that these 
 lands (viz the Crown Reserves) were granted that ' ' a fund may the 
 more easily and cerbr y be procured for the immediate aid of the 
 said University." The letters patent are silent as to the disposition 
 to be made of the remaining 130,000 acres of the land con- 
 tained in the original reservation. May we not, therefore, with 
 reason, assume that the grant of 1828 was made to meet a present 
 emergency and that the remainder of the grant of the waste lands 
 was merely held in abeyance. This has been the contention of the 
 University authorities for over forty years and the Government felt 
 it was a fitting thing in the year of Her Majesty's great Jubilee and 
 on the 100th anniversary of the Act of Her Royal Ancestor, who 
 first approved of the endowment of the University, that this obli- 
 gation should be dischargeu and tliat the people of Ontario who 
 have shared in the advantages of a University education, established 
 by that endowment, should implement the intentions of the Legis- 
 lature of Upper Canada in letter as well as in substance. There is 
 no doubt that it was the original intention of the Legislature to 
 endow both the Grammar Schools and the University with at least 
 half a million acres of land. The Grammar Schools got their full 
 share of this endowment, why not the University. And so its plea 
 is not for a new or supplementary grant, but for a restoration of 
 the lands which are its own by Royal Mandate as well as by Act of 
 Parliament. 
 
 5econd Claim. 
 
 On the 23rd of May, 1826, an" agreement was entered into by the 
 Canada Company and Earl Bathurst, then Colonial Secretary, 
 whereby the Company purchased 1,000,000 acres of land in Canada 
 on the payment of from £15,000 to £20,000 sterling per year for a 
 period of sixteen years, and out of the sum to be eo paid into the 
 Provincial Treasury, £1,000 sterling each year for sixteen years were 
 to be applied for the erection of buildings for King's College to 
 which a charter had been granted the previous year. It appea-rs 
 that the Canada Company paid into the Provincial Treasurj' the 
 amount of £295,000 sterling, under its agreement with the Colonial 
 Secretary for the lands mentioned, and that of this sum but £4,500 
 instead of £16,000 sterling had been paid to the authorities of 
 
6 
 
 King's College ; the last payment being made in 1831. There ie, 
 therefore, still due and owing tlie sum of £11,500 sterling for over 
 sixty years. 
 
 It may be argued that this grant was forfeited by the action of 
 the University authorities. It is well known that the charter 
 granted to King's College was distinctively sectarian, and that the 
 Legislature repeatedly protested against the establishment of a 
 University on a sectarian basis. The answer of the Colonial Secre- 
 tary to the protests of the Legislature was practically "If you are 
 not satisfied witli the Charter which has been granted, surrender it 
 to His Majesty who gave it, and surrender airio the lands that have 
 been granted for its endowment. " The University authorities be- 
 ing all members of the Anglican Church were, however, satisfied 
 with the Charter and declined to surrender it, and so the Colonial 
 Office instructed the Lieutenant-Governor, Sir John Colborne, to 
 withdraw the royal grant of £1,000 a year until the Legislature 
 should pass such an Act for amending the original Charter of 
 the University, as should be approved by the Sovereign. But 
 although an Act was approved in 1837, amending the Charter, 
 and although a University was opened in 1843 under the Charter so 
 amended and approved by the Lieutenant-Governor, representing 
 the Crown, the Royal Bounty withdrawn in 1831 was never restored. 
 It is contended on behalf of the University authorities that as the 
 money was paid into the Provincial Treasury by the Upper Canada 
 Company in fulfilment of its bargain with Earl Bathurst, and that 
 as the Act of the Legislature, passed in 1837, was approved by the 
 Crown, that the money so withheld should be applied to the purpose 
 for which it was originally intended. This view was held by the 
 T^'niversity Council of the Province in a Minute adopted on the 29th 
 of January, 1840, and addressed to Lord Sydenham, then Governor- 
 General of Canada. The Minute of Council waa in the follow- 
 ing words : ' ' The Council took into consideration the state of 
 the Royal Grant of £1,000 sterling per annum, when it w^as stated 
 that an arrear of seven and a half years was due on this grant to the 
 College, amounting without interest, to £8,333 6s. 6d. currency. 
 The Council deemed it expedient that an immeuiate application be 
 made to His Excellency the Governor-General respecting these 
 arrears, accompanied with a full statement of the circumstances 
 under which they are claimed." 
 _^ On the evidence as stated, Honorable Gentlemen can determine 
 for themselves the equities of the case. If it is held that the 
 
refusal of the University to surrender its Charter on the demand of 
 the Colonial Secretary amounted to an absolute forfeiture of the 
 sum to be paid by tlie Canada Company, then the University has no 
 claim. If it be held, however, that tlie Parliament of UjJper Cana<la 
 was the trustee of the University for this uKmey, it is difficult to see 
 on what grounds moneys received into the Treasury* as such trustee, 
 could be diverted from the purpose for which they were intended. 
 The Province of Quebec, since the Union of 1841, might fairly be 
 held liable for its share of accrued interest on this money. B"t 
 this distinction is of too refined a character to delay settlement, 
 where such imporbint interests are involved. 
 
 Third Claim. 
 
 In 1828, the University authorities purchased from different per- 
 sons certain lands in the City of Toronto, now known as the Queen's 
 Park, and containing in all 171 acres, on which they had exi)ended by 
 way of purchase money and otherwise, up to 1849, the sum of 359,440. 
 In 1859 a lease was made to the City of Toronto of 49 acres for 999 
 years at a nominal rental of $1 per year, subject to certain condi- 
 tions as to police protection, etc. In 1853, an Act was passed by 
 the Parliament of Canada expropriating certain pf>rtions of Queen's 
 Park for public purposes, the object in view being to erect thereon 
 a Government House and Parliament Buildings for the Legislature 
 of Upper and Lower Canada, The Act provided that for the lands 
 expropriated the University should receive, annually, a rent^il at the 
 rate of 6 per Cx?nt. on the ascertained value of the lands to be taken. 
 I have already stated that in 1843 Sir Charles Bagot had laid the 
 foundation of what is known as the east wing of University Build- 
 ings of King's College. These buildings were on the lands expro- 
 priated by the Act of 1853. On the buildings so expropriated the 
 University had expended, according to the report of the Bursar in 
 1856, the sum of $119,140. Pending the erection of new buildings 
 for its occupation, the University found temporjiry quarters in the 
 old Parliament buildings. The property vacated in the park was, 
 by direction of the Government, used for the purposes of an asylum. 
 A copy of the memorandum of John A. Macdonald, then Attorney- 
 General, to the Executive Council, directing that this building 
 should be so used is to be found in the report of the Senate with 
 regard to University claims. When it was determined that Ottawa 
 should be the seat of government, the original proposal of erecting 
 Parliameni: Buildings in the park, by the Executive Council, was 
 
8 
 
 abandoned. In the meantime, liowever, the University had erected 
 new buildings for its own use but so far had received nothing for 
 the property expropriated, notwithstanding that the Senate, through 
 its Chancellor, the late William Hume Blake, protested in the 
 strongest terms against the action of the Government. This 
 Assembly, cond(»ned to a certain extent for the spoli9..ion of 
 the University by the Act of 1853, by paying for the buildings 
 on the expro})riated land the sum of ^30,000. The University 
 authorities still allege that their claim against the Parliament of 
 Ontario has not been fully discharged and that in addition to the 
 loss it has sustained )jy being practically ejected from the buildings 
 erected by its own money and the non-payinent of any interest for 
 over thirty years on the amount expended, and the non-payment of 
 the 6 per cent, on the value of the lands which had been taken from 
 the University, the present Parliament, which has succeeded to the 
 possession of these lands and also to at least a portion of the liabil- 
 ities of the old Parliament of Canada, should discharge those claims 
 both in law and e'juity. They allege further that their claim is 
 rather one of partnership in the welfare of the country than that of 
 an adverse creditor, and that by the discharge of this claim they 
 will be in a better position to assist the Legislature in preparing the 
 people of the Province for the administration of such laws as the 
 Legislature may see fit to pass from time to time. 
 
 Apart, however, from any claims in law or equity which the Uni- 
 versity may have upon the bounty of the Legislature, it must be 
 remembered, that the University is in a peculiar sense the child 
 of the State, that it was called into existence by the State and that 
 it has no object to serve except the interests of the State. 
 It is true that the original Charter granted to King's College pro- 
 vided for the estjiblishment of a denominational University but 
 Parliament acting for the whole people of Upper Canada refused its 
 approval of such a Charter. 
 
 As was well said by Marshall Spring Bid well, Chairman of the 
 Committee of the Legislature to which the question of University 
 education was referred : — "A University adapted to the character 
 and circumstances of the people would be the means of inestimable 
 benefits to this Province. But to be of real service, the principles 
 upon which it is established must be in unison with the general 
 sentiments of the people. It should not be a school of politics or 
 of sectarian views. It should have about it no appearance of par- 
 tiality or exclusion. Its portals should be thrown open to all, and 
 
upon none who enter should any influence be exerted to attach 
 them to a particular creed or church. It sliould be a source of 
 intellectual and moral light and animation, from whi^h the glorious 
 irradiations of literature and science may descend upon all with 
 equal lustre and power. Such an institution would be a blessing 
 to a country, its pride and glory. Most deeply, therefore, it is to be 
 lamented that the principles of the Charter are calculated to defeat 
 its usefulness, and to confine to a favored few all its advantages. " 
 Finally after ten years of contention the Charter was superseded by 
 an Act of the Legislature to which the Royal Assent was given on 
 the 3rd of March, 1837. By this Act the sectarian control provided 
 by the original Charter was removed, and by other Acts passed in 184^ 
 and 1853 its emancipation from all sectarian or denominational dis- 
 ability was completely eftectud. For over 40 years then the Uni- 
 vertity has represented in the broadest sense of the term the 
 Catholicity of education. While respecting the religious convictions 
 of all, it grants exclusive privileges to none. The student who 
 inscribes his name upon its register, does so without any sacrifice 
 of religious or political opinion. It acknowledges no master but 
 the Parliament by which it was created. It has but one mission 
 and that is to make the people of Ontario the most intelligent, pro- 
 gressive and loyal of all the Provinces of the Dominion and in say- 
 ing this let it not be supposed that I am reflecting upon the consti- 
 tution of any other University. Happily for us in Canada, the 
 right to partake of the fruit of the tree of knowledge is seldom 
 hampered by any sectarian disal^ility, even in Universities under 
 denominational control. 
 
 The unprecedented growth of the Univei-sity has largely in- 
 creased the demands upon its revenues. Since its establishment 
 the University has spent on buildings for the acconnnodation of its 
 students $652,000, of that sum $242, (XK) have been expended within 
 the last ten years, thus reducing its annual income by $12,000. 
 Were it not for this large expenditure to meet the actual necessi- 
 ties of its growth, there would have been no deficit. That this 
 expen liture was absolutely necessary is evident when I state, that 
 in 1854 the number of students enrolled in Arts was 84 and that 
 this year the number enrolled is 957. For the same reason the 
 teaching stiiff" had to be increased. In 1871, the staff consisted of 
 9 i)rofessors and 6 lecturei-s ; this year the staflf consists of 20 pro- 
 fessors (including associate professors), 22 lecturers and 4 fellows. 
 The cost of maintaining so many additional buildings has also very 
 greatly increased its running expenses, 
 
10 
 
 But it is in its affiliations that the exi)ansion of the University is 
 most significant. For many years the University was a sort of 
 " vox clamantis." With the exception of Knox College it had no 
 affiliations. Its work either by examination or instruction touched 
 no other educational interest, at least directly. Even its degrees 
 had scant recognition in educational circles. In the last 20 years 
 its relation to the educational forces of the country have undergone 
 a most remarkable change. Following its affiliation with Knox 
 College, came its affiliation with St. Michael's College, then with 
 McMaster Hall, faband(med when McMaster obtained University 
 powers), then Wyclitfe College accepted its literary teaching. Then 
 the Toronto School of Medicine with 41 instructors and 293 students 
 took shelter under its wide spreading bra ''dies, and most memor- 
 able of all in 1890 Victoria University, representing one-third of the 
 people of the Province, suspended its powers as a University and 
 joined its literarj' forces to those of Toronto I'niversity, and with 
 a rapidity and enthusiasm almost as exciting as the ( )lym})ian games, 
 one educational institution after another voluntarily accepted the 
 imprimatur of the University with respect to its graduates till its 
 alliances now number 13. In order that the House may feel what 
 a great educational force the University has become,and how 
 important it is that its work should be well done, let me read the 
 names of the federated and affiliated institutions and the number 
 of their instructors and students : — 
 
 Instructoi>i. Students. 
 
 A'^ictoria College 15 236 
 
 St. Michael's College 17 120 
 
 WycliflFe College (> 40 
 
 Knox College 8 112 
 
 School of Practical Science ... . 14 135 
 
 Trinity Medical College 27 200 
 
 Woman's Medical College 29 41 
 
 Dental College 13 202 
 
 Pharmacy School 4 100 
 
 Agricultural College 16 108 
 
 College of Music 50 550 
 
 Conservatory of Music 48 765 
 
 Veterinary College 11 154 
 
 Last year the University of Tortmto examined 1,044 for standing 
 in Arts, and 434 for standing in the subjects taught in affiliated 
 schools and colleges, or 1.478 altogether. 
 
il 
 
 Now when we consider that the professors and instructors in all 
 the affiliated institutions, numbering over 300, turn tlieir thoughts 
 daily towards the University in order to take in the spirit by which 
 it is animated, and that nearly f>,000 students look to it for the hall 
 mark by which their professional standing is to be determined, Hon. 
 Gentlemen can appreciate in some degree, the work which the Un-- 
 versity is doing and it"^ claims upon the people and the Legislature 
 of Ontario. 
 
 The mere fact that its graduates determine the character of our 
 Hisjh School education and therefore the character and training of 
 our Public School teachers, shows its far reaching influence. 
 There is not a school so remote or so isolated in the land that does 
 not echo in some form or otlier the instruction of the University 
 lecture room, and whether we perceive it now or not, there can be 
 no doubt that in the course of time the eftect will be, to give greater 
 dignity to the teaching profession and greater breadth and richness 
 to the work of every school-room in the Province. 
 
 The claims of the University are also founded in the educa- 
 tional necessities of the Province. I am well aware that I am now 
 treading upon disputed ground. That the State should provide the 
 facilities for a higher educatitm is not universally accepted a.s sound 
 doctrine. But whether supplied by the State or by private bounty, 
 it is nevertheless true, that no nation can attain complete develop- 
 ment without it. Could we subtract from the wealth of Britain's 
 achievements in statesmanship, in literature, in theology, in icience, 
 in military prowess, what she owes to her Universities and her great 
 public schools, her place in the procession of the nations would be 
 materially affected. 
 
 Besides it must not be "forgotten that the centre of political 
 gravity has shifted during the last fifty years. With the discussion 
 of education came the extension of franchise. A few years ago a 
 minority ruled, now the majority has obtained the mastery. The 
 doctrine of the divine right of Kings has been exjjloded and in its 
 place we have the divine right of the ballot box. But as those who 
 rule the ballot box are equally fallible with the monarch whose 
 authority they have repudiated, they must be trained in the 
 philosophy and art of government. Calmness amid difficulties and 
 dangers is essential to the development of national character. So 
 is a generous appreciation of difference of opinion, of national traits 
 of character and above all of those fundamental principles of justice 
 and equity which underlie every administrative act, great and small. 
 
. 12 
 
 The spirit of dl University teaching of a truly national character is 
 to strengthen the progressive elements of society, to raise the 
 standard of duty and patriotism and self-sjicrifice, and to protect 
 from the agitator and demagogue the political fo^-ces which an ex- 
 tended franchise has crejited. Such a spirit is wanted in this en- 
 lightened Province to-day. It has become a necessity if we are to 
 be prepared for nationhood for grappling with those greater politi- 
 cal problems which our position on this continent and our relations 
 with our neighbors to the south have forced upon us. Nor is it a 
 new thing for a Province or a State to subvent its educational insti- 
 tutions. Brifciin aids her Universities by an annual gviiv^ from the 
 Exchequer of £95,351. Germany, in J 888, paid out ot ihe public 
 treasury §50,192,857 for education, of which sum S3,7B9,405 went 
 to her Universities. In 1896, France gave 10,160,944 francs as a 
 state grant to her Faculties, as Universities and Colleges are called. 
 In the United States in 1894-5, out of $10,783,638 expended on 
 University education $2,954,483 came from State or municipal 
 sources. I have tabulated a few Universities from the la;jC report 
 (1894-5^ of Dr. Harris, the Commissioner of Education for the 
 United States, as follows : 
 
 State and muni- Total income. Students. 
 • cipal aid. 
 
 Colorado . . .\ . . . .S 60,000 $ 65,000 3^ 
 
 Illinois I83,v69 244,677 814 
 
 Indiana 40,000 78,00a 771 
 
 Iowa 68.354 131,384 1,133 
 
 Michigan 231,722 433,914 2,818 
 
 Nebraska 60,000 141,00<» 1,397 
 
 Ohio 91,956 164,079 805 
 
 Pennsylvania.... 70,121 409,376 2,39-* 
 
 Wisconsin 274,150 389,150 1,520 
 
 The following States give annual grants to their Universities, 
 viz. : — Colorado, Illinois, Indiana, Iowa, Michigan, Kansas, Minne- 
 sota, Ohio, Pennsylvania, Wisconsin. Small grants may be given 
 by other States in a few cases, but those I have mentioned are the 
 most important. The University of Toronto has not called upon 
 the State for any aid, and even now her contention is that if 
 allowed the possession of her own estates she will do her work 
 unaided by the state. But even if special aid were required there 
 is no reason why it should be refused. Our school system is an 
 organic whole. The University is as much the child of the State as 
 the Public or High School and in the development of national 
 
18 
 
 ideals of scholarship, of enterprise, of patriotism and of leadership 
 is just as necessary as elementary education. Baron Stein founded 
 the University of Berlin after the overthrow of the Prussians at 
 Jena. He had his justification and reward in the triumph of Ger- 
 many at Sedan. The strongest forces in the United States in 
 defence of a sound currency were the educated forces of the 
 North Atlantic States. Whence came those many scientific dis- 
 coveries which within the last few years have so comwletely revolu- 
 tionized the practice of medicine and the pathology of disease. 
 Simson, Pasteur and Koch are the product of University training. 
 Nature has not yet unfolded a tithe of her mysteries. We want 
 to share in the honor of converting waste material into 
 products of industrial value, in testing the ores and minerals of the 
 Province, that the world may know what a treasure house we have, 
 and that our children, as well as ourselves, may enjoy the bounties 
 which a generous Providence stored away for us ages and ages ago, 
 if we only have the skill and energy to take possession of them. 
 
 This is a decade of great anniversaries. In 1 892, the hundredth 
 anniversary of the establishment of Constitutional Government in 
 Upper Canada was commemorated with becoming ceremonial. The 
 privileges conceded to us by the Imperial Government with respect 
 to the administration of the affairs of the Province, and the stimu- 
 lus which this concession gave to the development of the country 
 and the loyalty of our people cannot be over-estimated. It was 
 the morning star of Responsible Government ; it was .the harbinger 
 of that full measure of civil and religious liberty which amid diffi- 
 culties and perplexities, not a few, we have WTought out for our- 
 selves in later years ; it was the corner stone of that larger Domin- 
 ion which has given Canada a first place in that great Coh^nial 
 brotherhood to which we belong. 
 
 In 1895, we celebrated the 400th anniversary of the discovery of 
 America and demonstrated beyond question to the old world that 
 on the new continent the arts and sciences, intelligence and morality 
 had found a congenial home. This year we celebrate tw^o anniver- 
 saries of special interest. It will be 400 years on the 24th day of 
 June since John Cabot planted the Royal Standard of England on 
 Canadian soil and on the 20th of June Her Gracious Majesty will 
 have reigned the full period of sixty years over an empire the greatest 
 in the world's history and with a devotion to her duties as " mother, 
 wife and queen " which has made her life as lovely as her reign is 
 glorious. Let me add to this list another — the 100th anniversary of 
 
14 
 
 the Legislature of Upper Canada which gave birth to our High 
 Schools and our Provincial University. I envy the Legislature of 
 1797 the honorable place it has obtained in the history of Canada 
 as the friend of higher education. 
 
 When we consider the condition of the country, rhe difficulties of 
 transportation, the isolation of the settlers, and their terrible pri- 
 vations, we cannot but admire their heroic confidence in the future 
 of the country. Nothing but such a spirit would have ever con- 
 ceived the idea of a university. They could scarcely hope that 
 their own families or even those of the next generation w(»uld avail 
 themselves of its privileges. And yet with a forethought and large 
 heartedness which we should not forget, they anticipated tlie better 
 days on which we have entered, and the greater needs of a larger 
 civilization, which we now enjoy. That they were wisely counselled 
 by the Lieutenant-Governor, John Graves Simcoe, is no disparage- 
 ment of their judgment. And while we show our respect for him, 
 as we purpose to do by erecting a statue to his memory, let us show 
 our respect for the Legislature, whose successors we are, by com- 
 pleting its good intentions and settling on its behalf obligations 
 which have been held in abeyance for over half a century\ 
 
 Letter fiom Chancellor Boyd respecting University 
 claims to compensation re Queen*s Park. 
 
 OsGOODE Hall, 
 
 Toronto March 4th, 1897. 
 
 John Hoskin, Esq., Q.C, LL.D., etc., etc., 
 
 .";-""■.>■'■ Toronto. ''■'''-''':"::/: ^':- '"■^"'-' :''-\-\---' :■'.'.■'-::'':■■'■- ^' S^ '"'■■-:■::-''■ 
 
 Dear Dr. Hoskin, — As a member of the University Senate I 
 write to you, as a member of the same and also a member of the 
 Board of Trustees. As the Government proposes to make a land 
 grant to the Univerf-ity of Toronto in settlement of the outstanding 
 and long-urged claim in respect to the lands originally set apart 
 for purposes of higher education which were never actually appro- 
 priated for that purpose, it is an opportune season to deal with 
 other pending claims. These are fully set forth in the reports 
 published by order of the Legislative Assembly in 1895. I would 
 urge that these should now be dealt with in the same fair, final and 
 comprehensive way as is contemplated with regard to the land 
 claim. 
 
15 
 
 These nuuiey claims are of various character, but 1 tl<^ not take 
 time to go over all — one seems to me so especially and legally just 
 that I single it out from the rest. It is that relating to the occupa- 
 tion rent of the old stone building and ])remises now covered by the 
 site of the new Parliament Buildings in the Queen's Park. A large 
 portion of the park was taken possession of by the Government in 
 1853, and a smaller portion of it was from then till 1869 continu- 
 ously in that possession without any com])ensation being made to 
 the University, the owner of the land. 
 
 This possession was taken under the Act of 1853, 10 Vict., 
 cap. 161, and although by that Act (sec. 2) jjrovisicm is made for 
 I)aying at the rate of six per cent, per annum on the value of the 
 property taken, yet no valuation was arrived at or payment made 
 on that or any other basis. 
 
 No question as to the Statute of Limitations can arise, for, by the 
 terms of the Act in the same session, 16 A'ict. cap. 189, s. 46, all 
 the University property was vested in the Crown as royal trustee. 
 Hence the acquisition of part of the trust property in the park far 
 che use of the Crown, representing the Government and the 
 public, merely makes the justice of the claim to be compensated 
 more emphatic. 
 
 The University Commission of 1 863 computed the money value of 
 the claim up to 1862 to b^ S27,500, though reckoning at a five per 
 cent, rate instead of the higher rate indicated in the statute. To 
 this has to be added the rental from 1862 to 1869, which, with the 
 accretions of interest, will make it of much larger dimensions, but 
 this and the other money claims are matters for adjustment with the 
 Government. 
 
 It is better for all concerned to arrive at a fair and reasonable 
 result as to money values by the methods of conference and com- 
 promise rather than to incur the delay and outlay involved in 
 resorting to arbitration or other judicial intervention, though I do 
 not think the University would lose relatively in amount thereby, 
 if a mutual settlement fails. 
 
 This may be used in any way to forward the desired result. 
 
 Very truly yours, 
 
 . • (Signed.) J. A. Boyd. 
 
 4th March, 1897. 
 
1() 
 
 Univ^ersity Endowments in the following States of 
 
 the Union. 
 
 Sta<-.p. 
 
 Federal grants of land 
 and script for Univer- 
 sities. 
 
 Total federal gr«nts of 
 money up to the year 
 1895. (Last report.) 
 
 State grants of land to 
 the Universities up to 
 1890. (Last report.) 
 
 • Total grants of monev by 
 ^ the State to the Uni- 
 versities up to the year 
 1895. (Last report.) 
 
 Total amount of the pro- 
 ductive endowments of 
 the Universities up to 
 the year 1894. (Last 
 report ) 
 
 Amount of income of 
 Uoiversities f««r the 
 year 1894. (Last re 
 port. ' ' 
 
 
 Acres. 
 
 $ 
 
 Acres. 
 
 $ 
 
 $ 
 
 New York ..... 
 
 990,000 
 
 105 000 
 
 
 
 890,241 
 
 22,576,060 
 
 2,336,930 
 
 Pennsylvania 
 
 780,000 105,000 
 
 25,455 
 
 1,345,027 
 
 9,828,908 
 
 1,30.5,883 
 
 Ohio 
 
 699,120 105,000 
 
 * 
 
 930,859 
 
 6.652,697 
 
 974,295 
 
 
 Illinois 
 
 526.080 ift'i nrn 
 
 * • • • • - 
 
 879,900 
 
 8,249,590 
 
 1,155,185 
 
 
 
 -""'»"'-" 
 
 Indiana 
 
 436,080 
 
 lO.'i.OOO 
 
 . . . . 
 
 2,054,500 
 
 3,020,582 
 
 578,763 
 
 
 Tennessee 
 
 400,000 
 
 105,000 
 
 
 
 2,140,740 
 2,955,958 
 
 332,788 
 542.472 
 
 Jlissouri 
 
 376,080 
 
 105,000 
 
 
 2,554,837 
 
 Massachusetts . . 
 
 360,000 
 
 105,000 
 
 46,000 
 
 2.049,953 
 
 14,868,871 
 
 2,027,507 
 
 Wisconsin 
 
 332,160 
 
 105,000 
 
 
 
 2,421,803 
 
 1,378,743 
 
 498,487 
 
 Kentucky ...... 
 
 330,000 
 
 105,000 
 
 40,000 
 
 375,177 
 
 1,387,453 
 
 226,327 
 
 Virginia 
 
 300.000 
 
 105,000 
 
 20,412 
 
 2,850,902 
 
 2,367,982 
 
 355,910 
 
 Alabama ... 
 
 286,080 
 
 105,000 
 
 
 419,090 
 
 604,700 
 
 168,498 
 
 Iowa . . 
 
 286,080 
 
 105,000 
 
 
 
 1,630,627 
 
 2,196,898 
 
 494,789 
 
 Michigan 
 
 286,080 
 
 105.000 
 
 
 4,191,655 
 
 2,117,641 
 
 706,321 
 
 Georgia 
 
 270,000 
 
 105,000 
 
 40,000 
 
 645,482 
 
 940,217 
 
 129,649 
 
 New Hampshire. 
 
 251,000 
 
 105,000 
 
 78,000 
 
 265,934 
 
 1,156,622 
 
 180,729 
 
 Maine 
 
 210,000 
 
 105,000 
 
 19,200 
 
 387,718 
 
 1,540,600 
 
 152,079 
 
 Maryland 
 
 210,000 
 
 1 
 
 105,000 
 
 • • • • • « 
 
 1,188,222 
 
 3,164,443 
 
 400,782 
 
 * Virginia Military Lands, amount not known. The net receints from 
 s-vles thereof to June 30tli, 1894, are $42,300.14. receipts from 
 
ir 
 
 University Erdowments. — Continued. 
 
 State. 
 
 New Jersey 
 California . 
 Connecticut 
 
 Kansas 
 
 Nebraska . . 
 
 and 
 ver- 
 
 -^U 
 
 ""'3 
 
 'St) 
 
 u 
 
 S « 9 
 &-2 
 
 20 
 
 ll 
 
 
 
 
 "3 * « 
 
 •2§?. 
 
 S «t 00 
 
 lis 
 
 Ee< 
 
 H 
 
 Acres 
 
 S 
 
 210,000 
 
 1C5 00D 
 
 190,080 
 
 105,00t'> 
 
 180.000 
 
 105,0C0 
 
 136,050 
 
 105,000 
 
 136,050 
 
 105,000 
 
 «= ^ fe 
 
 C '■* « 
 
 m ** "B 
 
 C ^'■^ 
 
 * C 
 
 © 
 
 m 
 
 Aces. 
 
 5 a, s «S 
 
 
 V 
 
 ® ^ 
 
 c ® 
 
 1.15 %.t 
 
 o a) 4) £. 
 
 $ 
 
 2.533,208 
 301,686 
 
 ®-C S 
 
 •"8 . 
 
 £00 
 e > 
 
 2,730,383 
 6,323,295 
 
 1,400,482| l,in,£52 
 993,(95 
 
 $ 
 
 484,938 
 734.531 
 419,353 
 "48,730 
 
 2