IMAGE EVALUATION TEST TARGET (MT-S) // O V <' '^/^ I/. 1.0 I.I |J0 '""^= IM 1.8 1.25 1.4 J4 .^ 6" — ► .? 'T /a / ^g o^; /A Photographic Sciences Corporation ^ V 1^^ <^ i3 WEST MAIN STREET WEBSTER, N.Y. 14580 (716)872-4503 L signifie "A SUIVRE", le symbols V signifie "FIN". Maps, plates, charts, etc., may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning in the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: Les cartes, planches, tableaux, etc., peuvent §tre filmds d des taux de reduction diffdrents. Lorsque le document est trop grand pour dtre reproduit en un seul clichd, il est filmd d partir de Tangle supdrieur gauche, de gauche d droite, et de haut en bas, en prenant le nombre d'images ndcessaire. Les diagrammes suivants iilustrent la mdthode. srrata to pclure. n 32X 1 2 3 1 2 3 4 5 6 \ 7, (7 9 Victoria;. Appendix (D. D.) A, 1846. Ap(>cni1ix (1). I).) \.. -^ MESSAGE .^ Ai>p(rivate Secretary to Reverend C. Winstanley. 5 -Private Secretary to the President of King's CoUege. 6._Private Secretary to the Principals of Queen's College, Victoria CoUege and College of RegiopoUs. T.-Statemont of the CouncU of King's CoUege (with two enclosures). 8.-Statement of the Trustees of Queen's CoUege (with one enclosure). 9.— Letter from Principal of Victoria CoUege. lO._Letter from tlie Very Reverend Angus McDoneU, CoUege of RegiopuU.. ANGLICAN CMUxCH OF CANALA iaiNlcRAL SYNOD, ARCHIVES 9 Victoria?. Appendix (D. D.) A. 1846. I (I). D.) No. I.— Memorial of the Rev. C. Winstanley. To ilio Ri,a[lit Ifonorablo Charlkh Theophilus, Uahok MKTfALi'i:, Cliaiitollor of ilio Uiiivcrsily of of Ki.ig's College, £tc. &c. &c. Thu Memorial of ihc Rov. Cluirlos Wiiistanloy of the City of Toronto. May it please Your Excellency, Your Memorialist feels liimscif very reluctantly compelled to place before Your Kxrellemy, as Clian- cellorof llio University, the followiiii,' statement rela- tive to u transaction which he lias recently hail wilii the Collef;c Council, and which appears to Your Memo- rialist to ci. for Your Excellency's interference. Your Momoriniist is a Clergyman in Holy Orders of the Church of Enj^land, and came to this country in iho Autumn of llio year 18-13. One of the principal oltjects which Your Memorialist had in view in leaving England, was to invest his sur- plus capital in such a maimer as might prove advanta- i geous to his family. Accordingly, since Your Memo- rialist arrived in this country, he has made vnrious purchases of land in the Township of Scarhoro' forlho ' purpose of agricultural improvemeiit ; and with the view of throwing his separate purchases into one pro- j perty, and thereby giving unity to his agricultural ope- i rations, bis investments have generally had reference more to the circumstance of the lots lying adjacent to | each other than to their intrinsic value. Tlic first purchase which Your Excellency's Memo- rialist made with reference to the suliject of this Me- morial, was a lot of 70 acres, being the south half of lot No. 31, concession A. in the said Township of Scarhoro'. The cast half of lot iij, lying adjacent, was then hold under lease by C. Waikiiis, Esquire, from the Council of King's College. The soil of the latter half is on the whole of an inferior character, but from the manner in which Your Memorialist proposed to extend his \)roperty, it became of considerable impor- tance to him to be possessed of it, even at a price beyond it.s intrinsic value. Mr. VVatkins himself was desirous of .selling his lease, but as he had no written agreement with the Colleg(! Council giving him the right of preemption, and could oidy assure Your Meino- ralist of their unii'oi'm usage in allowing to lessees the privilege of purchase at the termination of their leases, Your Memorialist did nut feel disposed to treat with Mr. Walkins until ho had ascertained what prospect he bad of a conveyance of the fee from the College Council. Your Memorialist accordingly, about the latter end of the spring of 1844, instructed his son. Air. Edward Winstaide.y, to make the necessary inquiries at the Bur- sar's office, and if he found that a c(>nveyance could be got, to cnler into the requisite contract with the College Council. The result of these inquiries was, that the Council bad invariably recognized the right of preemption in lessees, and that in the case of Your Memorialist there coutil not exist the slightest difficul- ty in obtaining a deed. It was at the same time inti- mated by Dr. Boys, the Bursar, that as the Council had not determined on the price of the lot in question, a shct delay would necessarily occur till the transaction could be cuiiip!cied,bi!t iliiil as the price Vvas uiwaysm the first instance fixed by the Council, the matter would be submi'.ed to that body at their first meeting. Not having heard anything further on the matter for the next three weeks, Mr. E. VVinstanley again called at the Bursar's ofilco after the lap.se of that period, when Dr. Boys apologized to him for the delay that had taken place in a certaining ihu decision of the Coun- cil as to the price, but he observed that Mr. VVinstaidey need be under no apprehension on the subject of a sale, and as there would be a meeting of the College Council very shortly, he (Ur. Boys,) would lake care that the price of the lot in queslicm should not be overhwiked. On Mr. Winstanley replying that he would like to know the price as early as possible, inasmuch as he was anxious to close the transaction with Mr. VVatkins, who, ifanyilehiy should occur, miglil, in the meanlinie, dispose oi' his iiilercst to another party. — Dr. Hoys further observed that he (Mr. Wiusliinley) might set his mind at rest on t!ie sul)jecl ; that he (Dr. 1 Joys) was well acquainted with the lot in tpiestion, which he knew to be very inferior soil, — ami he continued, "the minimum price of ihe College lands is live dollars " per acre, and in vour case I should certainly say thiit " will be thu maximum also." Relying on the uniform, and hitherto invariable usage of the College Council, of giving to their lessees the privilege of preemption, and on the repeated pro- iTiises made to Mr. E. Winstanley by tlie Bursar, and confident in the assurance that the good faith of the Council would juslily the promises of its officers. Your Memorialist felt no hesitation in purchasing the interest of Mr. VVatkins, for which be has actually paid the sum of £150. For the purpose of still further enhancing the value of his property, and of adding to his own personal com- fort and convenience, Your Memorialist had, for some time previous to this purchase, had it in view to erect on his property a dwelling house and offices suitable for the accommoilation of himself and his family ; and being desirous that his dwelling house should occupy a central position ii reference to the acquisitions of surrounding land which be had made or was making. Your Memorialist, immediately on completing bis con- tract with Mr. VVatkins, commenced building at the ex- tremity of the lot of land first referred to in this Memo- rial (being tho south half of lot 34,) and irnme- !J diately adjoining the east half of lot 35, the fee simple I of wliich was still in the Corporation of King's Col- jl While Your Memorialist's operations wore going on, I but not until he had expended several hi h-ed pounds 1 in buildings and other improvements, a vi ibal message ! was left with Mr. E. Winstanley, by one of the clerks ', of the Bursar's Office, to the eiTect that the College i Council had decided not to sell the lot in question. No : reason was assigned for this very unlonked for procced- ': ing; but on making further inquiries, Your Memo- j rialist learned that the Council has .suspended for a I time the disposal of their lands, and that Your Memo- ;; riali-st's rights bad been sacrificed to a new principle I which had been introduced into tho management. On jj Mr. E. VVinstanley expressing his surprise to Dr. Boys \ that a refusal to sell should be given after a distinct ' promise had been made. Dr. Boys merely observed, I " that tho Council were very arbitrary, but that he " thought ho could hold out strong hopes that the lot " would eventually be conveyed to Your Memorialist." Fearing that the matter had not been fairly repre- sented to the Council by the Bursar, and that be might not have informed that body of the repeater! promises made to Mr. E. Winstanley, and believing that the !rew rule adopted b.y !hn C.'«inril c.-nld Isavo no appli- cation to cases where distinct promises had been made, Your Memorialist instructed his son to call upon cer- tain Members of the Council, for the purpose of pla- cing Your Memorialist's interests in a proper light. Mr. ' E. Winstanley was informed that the suspension of Apponilix (1). D.) :th M:^. Appcndii (1). D.) , ' V rib May. I 9 Victoriac. Appontlix (I). ]).) Till Mjj. Appendix (D. D.) A. lain. A|ipcnili (1). 1). Apprnilix \ sales liiiil Diily t xistcd fur a wofk or two, — lliat the relieiiNii>n, anil iimlcr ^1). 1).) o()|M)sitii>n in the Ciiuneil to llie.se salrs liad bi'en f;ot ilie unisM'sl niisrcprosenlalions, on llie jiiirt of lln' olli- ^ ;tt> Muy. "* ri(i of liy tlie appoinlini'iit of a Sul)-Cornmillco, \>y whom Ihcy wore now exchisively ni,niai;.il, anil that upon appliciition to that Coinniillee, Your Meni irialisl'.s UfrUis would lii^al once recognized. Mr. K. VViuslan- ley Hccordinnly made the application iIiun advised, to the Hnb-Conimiltee, who had now resumed die s;.h,' of lands to an extent which Your Mem iriali-.! believes hhewed no diminution from the firmer oiieialions of tiiu Council. The result of tiie deteriniiiallon of the Committee was, that ullhou!;h they were daily niakins; ^ales in rases where no promises hiiil lieeii made, yet as You.- Memorialist's claim had already heen refused by the Council, to whom it had uiiforluiiatLly heen re- ferred diirin;; the short period thai the sales had been i .suspended, il would be improper fir the Conimiltee to reco^iiiz ' il williont the sanction of the other Members of the Coll'ifi! Council. Mr. li. Winslanley, however, received every encouragement lo pursue the claim, and certain of tlie Members of the Coiumitlee, anions; whom were Drs. I'eavcn and MeCaul, distinctly recognized Ids rif;lits and promised to .su|i|)ort Your Alemoriali.st's interests. Your Memorialist's claim was accordinsj;ly a'^ain .subniillcd to the Council, from various memhers of which he received the most direct assurances of its nn- (loiihted success ; and, relying on these assurances, his bnildiii;; and a<;ric'.iltural operations were continncd. To Your Memorialist's i^reat astonishmeiil, however, he received a (-.■w weeks since, not aa ollicial, but a verbal and indirect intimation, lliat iiis rigiit lo a con- veyance could not be recognized by liie Council. Your Memorialist has since learned, that a sudden stop has been put to tlie public sale of lands, in conse- quence of thi! intervention of Your Excellency as Chanculior of the University. The object whicii Your Memorialist has presently in view in troubling Your Excellency is not to disturb any arrangements which Y'oiir Excellency might see lit to make for the manage- ment of the Enilowment. On the contrary. Your Me- morialist has luen apprehensive tiiat lliu College Council were disposing of a larger portion of tlic En- dowment than t!ie necessities of the University might cials ill llio Hursar's ollice, whose comlni I throughout has been marked by insincerity and prevarication. Your Memorialist is prepared to establish by nnexci'p- lionable lestimonv the Irntli of the M.ilinuiils which In- has now had the honor of submitlieg to Your V]\- celleiicy ; and he respectfully thinks that if the Coun- cil have exhibited no chariness in relaxing Your Kxcelleiicy's Minute in other instances, he may willi reason hope that Your Excellency's audiorily may be extended to place Your Memorialist beyond the iiillu- inte of an order, which Your Memorialist fi i Is confi- iletil was not intended to bear a stringent application to ' cases similar to his own. Your ^[emorialist, ihoreforo, humbly prays that Your Excelleiu V will be pleased to limit the nperatioiis of Your ExceUency's Minutcj to the College Council in such manner as lo allow of a deed lo issue from the ('oiporation in (iivour of Your Mpmnrialisl on his ful- filling his part of the said contract. [ And Your Memorialist will ever pray, as in duly , bound. rib iUj. (Signed.) Toronto, May 13lli, 1615. CHARLES WIXSTANLEY, Clerk, ]>/. .1. Ojcon. No. 2. Lettrr from the Private Secretary to the Registrar of King's College. GOVKRNME.VT lIoUSB, Montreal, 'iOtU May, 1845. Sir, I am commanded by the Chancellor to request that llie accompanying Memorial of the Reverend Charles VVinstanley niay be brought under the consideration of the President and Council, and that a llcport thereon rocjuire ; but Your Memorialist cannot permit I to believe that Y'oiir E\cellenc;y's Minute to the Coun- cil, by which the sales of lands were temporarily sus- pended, could hear application to a case where all the essentials of a contract (except that o( writing) had cjxislcd for nearly twelve months anterior to the date of the Minute itself, — and where, on the faith of that ciintract. Your Alemorialist had purchased an existing lease, and expended large sums of money on improvc- iinM.'lf "W ^c furnished for llis Excellency's information. If the case be correctly represented by the Memo- rialist, and the sale of the lot in question has heen slopped ill conseiiuence of the Chancellor's reconiinen- ilation that further sales of land should be suspended, IJis Lord.diip isof opinion that under the circum.slanccs stated, Mr. Winstanley ought to be permitted lo pur- chase the lot; whicli appears to have been the course , ,. 1-11 M I' 1 r-t adonted in other instances when applicants were in men s from whicii he could reap scarcely any benelit auopico ui ri »n,.f.ll,,r'c v;^,i.. .,, I 1117 .f • ,'. . , ^ ■' , i„ treaty lor land ppeviously to tlie Ltmncellor s Mews still ess could Your Mcmonaist en ertain such a be- ;> ",^"v ' , / , . ■' . „ ,.„.„„, ,„;„„,„,i „> ,i,o lief when ho was informed from undoubted sources, that even since the date of Y'our Exccdicney's Minute, the College Council liuvc made sales of land to a very considerable extent in other quarters, — to an extent whicii has forced the conviction on Your Memorialist, that the College Council must have some reason be- yond Your Memorialist's knowledge or suspicion, for selecting him as the victim upon whom a refusal to sell would fall with the most unrelenting severity. Your Memnralist can the less hazard an e.\planation of the very extraordinary proc;ecdings of the College Council, because he is on excellent terms with the majority of its mcml)ers, for whom he has always en- tertained and expressed the most unqualified respect. And in such extraordinary circumstances Your Memo- rialist is willing, or rather forced to believe that an act of oppression and injustice to a stranger in this country so unprecedented as the one now detailed, could proceed from the members of the College Coun- abovo referred to having been communicated lo the Council. It may, however, be presumed that there are ! other reasons with which His Lordship has not been ' made acquainted, that have induced the adoption of a different course in the case of Mr. VVinstanley. i I I am desired by the Chancellor to take this opportu- ' nity of inquiring what progress hits been made in the investigation suggested by his Minute of the 19ih of March last. I have, &c. (Signed,) J. M. HIGGINSON. H. Boys, Esquire, Bursar, King's College. 9 Victoria;. Appendix (D. D.) A. 1846. Anpon<1ix (I). I>.) ^o ii,—Rfpnrl of IhtCommittffrif College CiiuncU on the cage of the Reverend C. n'itulanley. rih M»y. TIh! I.uii(1 Ciiinmilloc rcpoit llint tlii'V liHve miidc minulf fii(|uiry into tlic inirlit iiliirs of Mr. Wiiisliin- k'v's <:iw, lis (IcliiiU'i'. in Iun Mfinoiiiil In His Excel- lu'iicy tliL' Clmiicrlliir. It appears llmt about llic lailrr end of dm sprin;,' of 18(1, appliciilion was rmiiin v.ilMlly to tlin liiirsar Uy Mr K VVinslaiili'V, rclalivo to IIjb piircliHsf o( thn lot'soiilh lialf;!H,'A. S.arlmro', iiml tliat wlirn llio upuliciition was sulimittrd to the (■(hiikiI llioy dr. lined mIIIim' it, prinripaliy on llic ground lliat llicy ilid not wish U> purl with any of their proprrly so near Toronto. On the I4lh of June Mr. VVinstanh'y addressed a letter to the Bursar.a copy of which is annexed. (No. 1.) This was read in Council on July 17tli,and tliopro- ceedinL's cnlhat occasion are recorded in iheMinulo of which a copy is annexed. (No. i.'..) A copy ol the Uursur's reply is also annexed. (No. .3.) On F.hruary lOtli, 1845, the case was entered amonirst those inl'.nded for the Lanil Committee at their meeting h.ld on tliat di.y. But no netion was taken ihcreoi:, iniismurh as the Council had already decided that iho lot in .(iiestion should not he sold, and the matter hud not been formally referred to the Com- mittee hy thai body. On February 2Gtli, 1815, the ease was brought under the consideration of the Council hy Dr. Beavon, who read a letter frim Mr. E. Winstanley, ot which a copy is annexed. (No. 4.) The matter was then referred to the LarHl Committee by u Minue, a copy of which is annexed. (No. 5.) In their meeling on April 3rd, the subject was dis- cussed, and it was deci.led that a recommendation should bj made to the Council, that the lot should be sold to Mr. Winstanley. The following were the votes on thai occasion. Affirmative. The Vice President. The Dean. Negative. Professor Gwynno. Professor King. The Chairman (Vice President) giving the casting vole in the affirmative. On April 12th, 1845, the Committee reported their recommendation, which was negatived by the Council, — the voles being. Affirmative. The Vice President. The Dean. The Principal of U. C. C. Negative. The President. Professor Croft. Professor Gwynne. Professor King. The principal grounds of Mr. Winstanley's com- plaint are, 1st : That the promises given to him in the Bursar's office have not been confirmed by the Coun- cil ; and 2nd, That they have inthiscasedeparlcdfrom the 'practice of recognizing the right of preemption in the lessees. 1. It appears that Mr. E. Winstanley in neither of his letters adverted to the circumstance which is positively asserted in the Memorial, that the Bursar L » ■ 1 - 1 1— i-r-ii;" il-u* **"» !'»»id ^lujiild h^ si»ld to him. faau givfii a pluiBttc Unit <al to sell in such cases the exception. Hut the Council Imve not only never recognized any obligation (i.tihss formally expres,-ed) to sell to their lessees, but have publislieii their intention of exercising an option. The Committeo feel it to be unnecessary to enquire into llio grounds of the Memorialist's insiiiuatiim, that llie conduct of the Council has been iiillueneed by 'iny personiil feeling Inwards him, iiiiisnnich as they have no doubt thiit in this case, as in all other Iriiiisiielionsof the kind, the Council regarded solely llie inleresis of the Institution under llieircaie, anil are persuaded that not even one member was induced by the personal solieitiition to wliii h Mr. Winstiinley resorted, to vote either for or against his a|ipli(iition. The Commitlcfi regret that the Memorialist should have considered it proper to introduce observations not immediately connected with the facts of his ease, and hazarded assertions on ])oints on which it is im- possible thill he could have had sufficient information. As he has, however, not ccmfinrd his remarks to those mailers which should have exclusively eniraged his c.iteiilion, llie Committee feel it to be their duty to advert briefly to some of the points wiiich he has con- sidered himself at liberty to notice. The Memorialist stales that " Mr. E. Winstanley " made the ajiplication thus advised to the Siib-Com- " mittec, who had now resumed the side of binds to an " extent which Your Memorialist believes showed no " diminution from the former operatiims of the Council. " The resullof the determination ofthcComn)iltee,"&c. The Memorialist is incorrect as to these facts. No such application was made to the Sub-Committee, nor was tin; subject ever under their consideration by reference or otherwise. Mr. E. Winstanley certainly had interviews with each of the Members of that Sub- CommiMcc, and learned from two of them, llie Vice President and the Dean, that their opinion was that the lot should be sold to him, but neither of them expressed any favourable opinion of his right, as is subsequently slated by the ilcmorialist. The Committee know not what grounds the Memo- rialist has for believing that the sale of lands by the Sub-Committee shew no diminution from the former operations of the Council. But of this there can be no doubt that that in which he asserts his belief is ciui- Irary to fact. Neither can the Commitlec learn from what member of the Council the information was procured, that "the " opposition in the Council to .sales has been got rid of " by the appointment of a Sub-Committee by whom " they were now exclusively managed, and that upon " application to that Committee, the Memorialist's " rights would be at once recognized." This, however, is certain, that the information by whomsoever given is wholly incorrect. The Mcmoriali.st further expresses the apprehensions which he has felt, " that the College Council were " disposing of a larger portion of the Endowment than " the necessities- of thu University might r luireJ" Appendix (1). D.) , • nti .Miij-. 9 Victoricp. Appendix (D. D.) A. 184G. Appendix (I). D.) Till Muj. ■» Appendix (1). 1). ) The Cnmmittet) cnnnot but fpi-! tliBt tlio Mcmnriiili't is ^ A viTv unnocessnrily ntiprt'lii'iisive on u iK)icit on wliiili :ih M«y. it is impossililo that iio run Imvo nufTicicnt inl'urnuition ; to cnalilo him to form nny opinion rntillnil to considorn- i tion, and art- inclined to tiiinii tiiut hi! has been mis- ' informed as to the grounds on wliich the Minute nl'llis Exceiienty, to wliich ho refers, was bused. The Memorialist i.lso stales that " lie was informed " from \mdonbted sources, that even hV.hw the dale of " His Excellency's Miimlc, the Council have made " sales of land to a very ronsiderablo extent in other " quarters." The Commitlee arc not aware from what sources the Memnriidist derived his inlormalion on this sul>j(.'cl, but have no doubt that the slatmient of bis informant is contrary to fact. It appears from the monthly returns of land solil since the date of His Excellency's Minute, that but six lots containing r>50 acres have been disimsed of. Of those there were f)ur wliich the Council wore under rngagcincnt to sell ; one had been under consideration beloie the Minute was received, and was decided by the Council at the same meeting in which the document was first i read, — and the remainin;^ case was not a new sale, but permission to a new applicant to \)\ircliaso what had before been sold to anothur party. The Committee, in conclusion, desire to observe that \ there does not appear to be any reason for the com- plaint of the Memorialist (if ho inlentled bis remarks as such) that he received only verbal auNWcrs to bis applications relative to the lot in question, for it appears that but one letter was addressed iiy him to tiie proper officer, and to tiiat one ho received a written reply. The Committee annex (No. C,) the Bursar's ob- servations on those |iarts of the INIemoiial in wliich reference is mada to him or bis ollice. farms arc to be bought nt ft rortcs|K(ndinR prire ; but ns I have already given JtlTit) for the lease, of fours*' your lot is the one I want. I shall feel extremely obliged if you will lay this matter U't'on; the College Council at their mxt meet- ing, as I feel convinced that, on « reconsideration of the subject, they will alter their di-lerminalion making a spK ial reservation in my case. ApiK-nilisi (U. D.) of (Signed,) I nm, &r. EDVVAUU WINSTAXLEY. (Signed,) .JOHN JNfcCAUL, Chai)-man. Juno 17th, 1845. {Appendix No. 1.) Toronto, 14//» June, 1844. Dn. Boys, Bursar, King's College. Sir, I regret exceedingly that tho College Council have come to the determination you inform mo of, as it places me in a very embarrassing position, for upon the assurance I received at the College Office that the Council bad rescinded their former order, not to sell their lands, and in all probability tho lot I mentioned could be obtained at the minimum price of 9.bs. per acre, I" entered into arrangements with Mr. Watkiiis (the lessee) to purchase bis right from which I can- not now recede, and which I should not for a moment have contemplated, had I not felt secure from rtiy information that I could ultimately obtain the fee simple of the land, I considered that I was paying dear for it at the minimum price, for the land for agricultural purposes is really worth nothing, and is not, I should imagine, in a situation c\cr to become valuable for anything else, the frontage being very narrow ; in addition to this, it is strippe^of its timber, and full of pine stumps. I purchased tho adjoining lot of 70 acres for £140 cur- rency, of Col. Allan, in March, which has twice as much frontage, being only £2 pjr acre, and it has a valuable Cedar Grove on it, and the neighbouring (Appendix l\'o. 2.) Kxirnct from tho Minutes of the proceedings of the Council of KihL'''- College nt a special niieting held on the I7tii of July, 1844. Present : — The lloiionible and Right Ucvcrcnd tlK" Lord Bishop of Toronto, President of the I'niviTsitv. Tho Rev. John McCaul, I,. L. P. Vire'-y'rrsident. " James Ueavan, n. 1). Professor of Divinity. Richard Potter, Esi|. M. A. Professor of Malhemiitics H. H. Criift, Es(|. Prof ssor of ChcniisUy. W. C. Gwvnne, Esq. B. ISf. Profissor oi' Anatomy. F. n. Barron, Esq. Principal of V. C. College. No. 12. Rend a letter dated the I lib ultimo, from E. Wiiistanle\-, Esq. representing lliat from the inliir- mntion be hail gained in the College Office that the • itincil were again selling their lands, hr^ bad felt se- I .'r ; that he should be alloweil to piircluise the East ' hal' of Lot No. 35, in the concession A. of Scaihoro, , and bad, in consequence, purchased other land coiiti- I guoiis; and expressing his disappointment at now find- l> ing (he Council make a special reservation of this lot, II and i)raying of them to reconsider the case and allow !i him to make llie purchase of it. The Council regrets (bat Mr. VVinstanley should have been under itiisappiehensions as to their intentions relative to the lot that be wishes to purchase, but can- not niter their determination of reserving it. A true extract. (Signed,) II. BOYS, Registrar, K. C. {Appendix No. 3.) K. C. O. TonoNTo, 22nd July, 1844. Sm, Your letter of the 14lh instant was read in the College Council at their meeting of the 17lh instant, when 1 received instructions to inform you, that tho Council regret that you should have been un- der misapprehensions as to their intentions relative to the lot which you wish to purchase, but cannot alter their determination of reserving it. I have, &c. (Signed,) H. BOYS, Registrar, K. C. L) V'ictoriji*. Appendix (D. D.) A. 1846. AlMKMliIix (I). 1>.) (ApiHndij!, So. 1.) ToHowTo, iOth February, 1814. Rev. .Sih, An I U'liovo vou nro onu of the Kinn'* Collcno Cciunril, I UiK lo'iulilruisn yoti on n siilijctt connocteil widi llio I-and IJcimrlliifm uC llial Itiititution. {Appemlii; Ao. 6.) Altoul twolvo moiitli.M nifo, I purilLiaeil ncvonty Hcrc» pf liiiiil on lliii KiiiKNloii lloiul al>'»" "i" miles Irom To- ronto, Iroiiillio Ucvcmid II. Ailditigtoii Simeoo.lliroiiKli liiN |»o\vi'r of Atloriicy, tlir Ifononililn C^oloncl Alliin, mil wisliiiii? lo build a liouitc nnd lay out Kroundu Jlioro, wu-t mixious to p:.:'nd my poBWSsiDn. -Mr. ('. Walkins, n gonllcin.iii residing in tlio m'i(,'lil)ourlio()d, licnririi; this, mmU to mu to sny llmt In) Indd llio ndjoin- iiijr property iis n ionsoliold from Kind's Collo>,'o but tlmt iio wiNhud to disposo of it. I ri'liirned for imswor thnt I would miike cmpiirics nt the Colle^re Odicr, and if the foe-simpio could be oblninod nt o rcnsonnble rnio, I would rclifvc him of his lenso. I mndo tho Appli- cation, nnd was told that nono of tlie College Lands were for sale, nnd that answer beinc; returned to Mr. Wulkins, my negociations with him were riosed liow- ovor, some few weeks afterwards Mr. W. told mo that lie had learned from good authority thnt the detormi- nntion of tho College Council not to sell their lands had been nitcrcd, and that they were now open for sale again, upon which I consented, (not without re- luctance) to make enquiries again at the olTice, and if Ids information was correct, lo ncgociute further with him. I therefore attended nt the Kmg's College Oflice, accompanied by my brother nnd M' . F. Lewis, { Land Agent,) whom 1 bad employed generally to transact my business. I again inquired if the land, describing it by number, &c. was for sale, and the Clerk answoro cd " yes :" bu then, at my request, put down my nam- as an applicant for the purchn.se of it ; he told me the price would be fixed by tho Council at their next meeting. I therefore loft tho olTice, perfectly assured that I could purchnso the right of soil, and accordingly gave Mr. VVatkins £150 for tho unexpired term of his lease, which was nn extravagantly high price, nnd was only done thnt I might bo able to buy it from the Col- lege. Shortly aftei I directed Mr. Lewis to ranko further enquiries (that is, if the Council had determined the price,) which he did, and w»s told thnt the sale of that land was refused. Now in the mean time I had built my house, and relying on the information given me when my name was proposed ns a purchaser, I hnd very materially altered my plans with regard to tho situation of it,— that is, as I expected shortly to be tho owner of the whole property, I had placed my house much nearer to the leasehold than I otherwise woulil have done. I addressed Dr. Boys in a letter afterwards, but without effect ; I might perhaps not so fully have explained it as I ought. My present object in troublitig you is to request that you wdl oblige rne by again laying my case before the Committee, as it is a very serious affair to me ; the land is of the poorest quick- sand, nnd certainly will never bo cultivated under a leaie; and I may" venture to say that few would be found who could cultivate even if they were tho own- ers ; tho fact is proved by the surrounding land being all open and lying in common, the owners not thinking it worth fencing. Should there bo any doubt entertained respecting the answer given to me at the office, it may not be out of place to say that I can obtain the affidavit o< both my brother ami Mr. Lewis. I beg toapologise for thus trespassing upon you. And re-niain, &c. (Signed,) EDWARD WINSTANLEY. I Extract from tho Mii.ul.s of ihc Counril of King « CoUegonl a meeting held on the liliih Kbruary, Present ; The llnnoraMe an«ndix (1). D.) f ' 'ill M«y. » No. 9. Dr. Beavnn submitted a letter from Mr. » VVinsianlov, praying to bo allowed to punhase the " cnst half of lot No. 35, in the broken front A. of » Scurboro', for reasons which he had not lully " slated on a former occasion. "Referred to tho Lam) Committee." A Iruo extract, (Signed,) H. BOYS, Registrar, K. C. (Appendix No. 6.) (Copy,) Remarks of tho Bursar on those passages in Mr. Win- stanley's Memorial to His Excellency the Chancellor, dated 13lh of May, 1845, which relate to tho Bursar or his Office. Passaffcs of the Memorial. Burtar't Jiemarhl. 1. That the result of his in- quiries nt the Bursar's Of- fice was, " that tho Coun- " eil hnd invarinbly recog- " nized the right of pre- " omption ill the lessees, nnd " that in his cnse there " could not exist the slight- '' est diiflculty in obtaining " n deed." Tho Bursar promised to siibndt the lot to the Coun- cil, for the purpose of a price being put on it. .3. The Bursar said, " the « rninimum price of the Col- " lege Lands, is five dullare " per ncrc, and in your case, " I should certainly sny " Mot will be the maximum " also." It has been the invaria- ble custom of the Bursar to deny any right in tho les- sees to purchase. The ut- most he could have told Mr. ■\Vinatanley was this, that if tlio Council were doBirous of offering any par- ticular lot for sale, they would, in all probability, give the refusal of it to the lessee. lie may also have admit- ted the probabiliti/ of their not refusing to sell this lot to Mr. Winstanley. The Bursar made this promise and fulfilled it. The Bursar has not the least recollection of using tViis r-spression ; \owever it is a point of no conse- quence as the question is not about the price of the land. * i V|i|ionilix 1>. D.) i 1) Vic tor ill'. Appendix (U. D.) A. iair». Ai>|i«ii; llui*nr. TliH Hiiriar tlcnlri Jmv iiiK iimili lliiit 1»' wiiiilil liriliK III" I'lli-r iH'fiirr tin) t'oiiiicil, wliiili liu iliil i»>'- itortliligly. On Mr. Winntanlpy cx- procsing lil^ HiirpriiM! to Ur. JJoys, tiiiit n ivI'iHiil to wll iliuulil ln! uivi'ii iit'tcr n (lis- tiiii't iiroiiii.', Itr. Ike. lie. (Si/;m)cl,) J. M. IIKiGINSON. Tilt Lord Ilinlinn, I'rcititlenf, kr. King'it Cullt'gc. No. a.—LfUer front tha Private StcrtUmj to thv Prtncipah o/ Quern' $ Colltge, Victoria College, and College of Uegioiiulia. (ioVERNMKNT IIoUnK, Montreal, m March, 1816. Rev. Sin, I nm comtiianilcil liy His Kxcellctny Itic Admi- nihlrulor 1)1' tint (idViTiimi'iil, tOii.utuloyou liisdi'iiiro Ui III' riiriii'>li<'il ill a ilrtiiiilo uml oHiciul form with iho views of tliL' giivciiiiii^ boily of Qubbn's Colmor, Victoria Com.eob, CoM,K»E OK Keuiopor.is, I on tlie prrsenl ^tnlo cifllio Cliarlcr of (ho ['nivnrnity of Kind's (;olli;. P4 A»lHi({. rih M«y. 7lll U>r. I ( In. A* k rMpwt* lh« CkaiMiotlor. Il wm nniitral In N|i|iuiiil, in lh« Kojml Churtw, Ik* Oovarnui <>f iW Pravinr* ChmwHur «>m tU Crewn, nnd WM to Ihi •■ubluil»d at 'I'ormito (li«n Iho ■••( rf Uuvarninitiil wh«re h« raiulKd. Tim Prp^wliwJ •od Senior Frufon** ««ulil lm»« •« uH tiiiMii. ••■y nor. ■ to liim and mk* ■.•ni lltit ()»> muMMi* of nil Matulai, i Im iiikI nrtlinanftxt *IkmiIiI U liilljr nii|ilaiii«il anii tinthr- Ktuon of Ihu Colli'K* Council. »ot and Smiiiir Proff»aiif ran liiive no imraoniil rommunii ation wilh the Chaiicelliir, andfrci|Ufn(lyHll intercnurw inuM be in writin^r Tliit rendora in a gr«a« dagroa niiKii- lory 1I10 wiwi pruviaion in tli« Uoyal Cliarttr wIik'Ii ordains that Ihn OliHiirillor* aiuill ronnul with tlio I'reaidcnl mmiI next Senior MmnlMir of (lie IJoiinrd rta- iwctinu nil dlaliili-a, rulia iind ordinantiia lo Iw prop«)a*il by him lo llie wid Coiinril for ilair conaidaralion. 3nd. Kxpifisnco lias from tlia llrat |>romij!({hlion of th« Cluirli!f proved the iiicoiivuni«ih Mi-mbvw : Tli« PfWMifcnl of Viw t;«Min€»U«, th« ( |). Vii« Pr»«idanl antl lh« KritHir Pn-fawor w if micm* ^ , sury to < .)niplftf llie nunilirr of «ix, llw ii< Kl Profaaa** ;ijk ill w.'iiiriiy ; ilia fourlh I" Ik- rhown by • ftfth by lU Uw S«ici«y lliis Ho«d thii HmsiiWiil, Vica Hn»fidi»Dl and Prot'otaon («»i»pl Ihe Prot«iw>r U Divinity wbo is u. im mt|w.inipd by Oi* Archlinhopof the Province, or Hisliop iil llie DiixTw) and iho Primipal of Ujiprr Caniidii C.dt^no sliall b.» ap|tolnl»d, and thrit re-.t>erlivB cBlnrlas and « molumenla AnimI and deflned,— tho ngMnot lU pn-wnl tnii.nil)»«** beinx rcB|iocled ; provided neverilifl»Hts Idal (he Blmll inako no appointment iinlesn nlltr full exBniiiia- lion into nualificatio' 1 for oWre, \\m viMe b.' iiiiani- ! moiis, and that in ■ of ditTerenr* of opinion, the 1 names ..f iIh! two ( aiMlidati'n havinn ihe inHjoriiy of I voles, shiill be referred to the Chanedlor f.r hi« final derision tliereon. It shall likewise art a» a lloord of Audit. 4. Tliat (here be williin iImj University «rf '^''.'!'** College u (^apiil «f aaven members, vi« : 1 hn Vie« ChiiiMellor or Pruaidvnt and the Virc-ProiiiUnt #» ojffido; four Professors seknted by tin) F.tf oltics and (o <;iM)linun in ollice four years, and the Principal of Upper Canada College ; and their rank, i«iiiori!y and precedence shall be in iho aUivt order ; That the Caput M» const ilnted shall disrharge all ilia dulK-s and riijiijr all Ihe right* and privilegua of llifl present Couiuil aa are sot fiirth in the original Charier, lo maiiagn tlie whoh' )>r..porly of Ihc Corporation, alieniile or o» r'lauge >■ tame, purrhasa new pro|i*rly, fce. &c., provide.l nevorthdess, dittt tho CKpensua of t lit Uni- versity shall not exceed its actual inc.m>e, exclusive of what may bo expended in the erection of the necessary accommodations, furniture,aiid other matters which may be iiislly deemed capital. The Caput shall appoint tho Masters of Upper Cana«la Colleg- and make all ihe ; appointments no« otherwise provided fc«r. I>.) •^ 6. Tlwt llio Chief Juitic* of i . idn West, and the Vice Chancellor of tlus Court «,. hancery fur tfc« time being, lie the Visitors. 6. That although tho Council be convinced that a Collrinciplos of llio Christian Religion, ns well as in liierature and the sciences, is less likely to be useful nnd lo acquiro a lasting and deserved power. Before leaving this part of the subjeci, they crave the liberty of Your Excclleniy's indulgence to some additional remarks which the course of events renders worthy of attention. Since the establishment of the University of King's College, three other Colleges have been establibiied in Canada West: Victoria College, belonging to the Meihodisis, Queen's College, bolonging to the Church of Scotland ; and the College of Regiopolis, belonging to the Roman Catholics. The two former possess University privileges in virtue "f Royal Char- ters. Before the rise of these ln^*-tu(iims, which arc entirely exclusi.u and under the solo nmnagemont of Ihcir respective Churches, the objections made to the/ University of King's College did not extend to any division of its endowment, but rested chi'-tly on reli- gious considerations. Recently, however, instead ot praying for separate endowments from the lii)erality of the Crown, the friends of Victoria and Queen's Col- lege are eager to cripple the efficiency of Kin ;'s Col- lege, by sharing in her endowment. In justii o to the Roman Catholics, it ought to be observed tli;.l they have acted with much propriety and moderation, and have made no such claim, although, should a division take place, they believe themselves entitled to consi- deration. Now the Council of King's College are not unwill- ing to admit that when the Government thought fit to grant Charters establishing these Colleges in a new country like this where eruiowments from individniiis are scarcely to be expected, a certain endowment should have been allowed to each, more especially as more than ample means seem to be at hand from the portion of the Clergy Reserves left at the disposal of Government by the 3rd and 4lh Victoria, chap. 78, intituled, " An Act to provide for the «ile of the Clergy " Reserves," &c. which are capable of yielding at once a competent revenue. Were a fair endowment granted not only to these three Colleges, but to such other denominations as to Government may seem meet, the i University of King's College may be left untouched, j and the 7th Wm. IV, chap. 16, being repealpd, it will revert to its original constitution, with the liberty of seeking from the Crown such amendments of the Charter as have been mentioned, and as further expe- rience may sjggest for iu more efficient and advan- tageous working. This appears to be the most judicious and equitable manner of satisfying all parties and restoring peace to the community. ^ The different religious denominations would thus have the means of educating their youth according to their own wishes, and on their own principles — no room would be left for collisions or heart-burnings, and in a short time collisions on this subject would pass a^^ay- — the different Colleges wouiil oiiiy feel a nobie emulation in excelling in sound learning ; nor would tljis plan multiply Seminaries beyond their usefulness ; the Goverment can limit them to the leading divisions of Christianity, and each will have according to their n own accounts a sufficient number of 8tju^|l^fpjii^truct. ^1 Should this .method fail to bo entertained by Govern- ment, although we can perceive no formidable or even reasonable obitctiou, and a measure be projHJsed for dividing the endowment in order to bestow, portions of the same upon the other three Colleges, the College Council will feel it ihcir duty to protest against such injustice; and, if they submit, it will Iw under com- pulsion and with the avowed reservation of their rights to be claimed at the proper opportunity. Willingly to relinquish any part of their endowment which is not more than suflicient to support a University worthy of this great Country, and the increasing wants o( its youth, would, in their opinion, be a deseition of their duty. Nevertheless, should such a measure be perpe- trated, the College Council would at the least expect that regard should be had to the claim of the Church of England in point of numbers, and to the fact that she furnishes more than half of those who .desire a col- legiate education. Bearing in mind also that if the Medical Department and Upper Canada College are to continue component parts of ihe University of King's College, as they cught to do, tiie divwion should have respect to „s decent maintenance of sLich valuable portions of the Institution, and which the other Colleges are not required to support. To leave the eiidowmt..t entire is more preferable, not only because more just but because it meddles not with vested rights and offers no encouragement to future spoliation or attempts to interfere with the far richer and magnificent endowments of Lower Canada. The Charter should be so altered as to admit no political influence from which it has suffered so much, and be placed under the guidance and management of its own authorities ; in like manner the endowments to be granted by the Crown to Colleges of other denominations, should he surrendered freely to their own management, provided that they spend only the annual income and preserve the capital entire. The object of the Government should be to settle the question on such a just and equitable basis as may satisfy Ihe honest and upright of all parties without re. ...).1.>X>. ;n ITnnsr r.nnnHa. hut toiallv excluded iTinjr^tj' .r—.- j-*'»- ... — fj — •- - ,-. , . them, on con'^eientious principles, from participating in any advantages ihey might be supposed to offer;and what is worthy of special remark, the class thus offended and excluded ar > precisely those for whose more espe- cial advantage this College was originally founded. 9 Victoria. Appendix (D. D.) A. 1846. The Council concur wilh Lord Stanley in opinion that whatever alterations arc required, Bhould be ma- r !» Appendix (D. D.) ^ih M«y. 'I'rely weighed and rncommended by men possessing an intimate acquaintance both wilii the theory and the practice of educating in religion, in liter .lure and science those youths who from their birih, their fortune, Or their natural talents, are probably destined for the public service as Legislators, Divine', Jurists, Phy- sicians, Magistrates or Merchants ; and we feci dis- posed, should it be Your Lordship's desire (o solicit the appiiintment of such a Commission as Lord Stanley suggests, provided it be composed of men of high cha- racter from Oxford, Cambridge, and ^Trinity College, Dublin, who are familiar wiih the economy and dis- cipline of Universities, and whose duty it should be to inquire into the coniiitution and management of all si- milar Institutions, regarding which (hey niighv procure authentic information and derive a system arconimo- dated to the particular circumstances of this Province, it being quite obvious that it would not be easy to find such men as His T "rdship describes in this Pro- vice, were there no R " their being already preju- diced on the Universii^ .,uestion. Such a Commission, to bo armed with all powers requisite for conducting and defraying the expense of the necessary inquiries : it shouhl be composed of men unanimous in the desire to promote public education among the wealthier classes of society on Christian principles; their range of enquiry should be as unli- mited as is the object itself; and the result of their de- liberations should be made final ; and for this purpose an Address by both Houses of the Legislature should be made to the Crown to appoint such a Commission, and signifying their full acquiescence in the results to which it might arrive, appears indispensable. Fully concurring in the remainder of this important Despatch, the College Council are encouraged to quote it in the hopf the governing body ; and because, the Govern- ment of (he College having been given in the original Charter to Members of the Church of England exclu- sively, 1 think justice will not be done to (he Members of that Church in Upper Canada, until (hat power shall be restored to them ; unless it shall be proved that they have in any way abused it. JAMES BEAVEN, Professor of Divinity, SfC. Professor Gwynne's objections to the Report of the Coimcil of the University of King's College, and sug- gestions offered by him in lieu of rertain parts of the Report, — to enter which upon the Minutes, liberty was reserved (o Professor Gwynnc : — That paragraph of the Report which relates to the appointment of Chancellor of the University annually by election, is objected to, because a periodical election, in the manner proposed, to so important an office in the University, is calculated to create an excitement and to produce a spirit of parly rivalry prejudicial to the interests ofan Educational Institution ; because a simi- lar periodical election has been found in the Universi- ties of Cambridge and Oxford to b^ :. foftile source of division and party feeling amongst the members of those Corporations ; because in the opinion of Profes- sor Gwynne, it is desirable that the Office of Chancel- lor should be as permanent an appointment as possible ; because in the University of Dublin, where iho appointment of Chancellor is permanent, much good is derived from the absence of those contentions which occur in the Universities named upon the periodical election ; because it will be very difficult to find in the Province, persons qualified to fill the office ; be- cause the high position of tne Governor General of the Province makes him the most proper porson in a young Colony to discharge the important trust con- nected wilh that Office,— and his continuance in the office would prevent the constant recurrence of the evils which are apprehended from an annual election. In relation to that portion of the Report providing for the constitution of a Council of Appointment, Professor Gwynne objects to the mixed character of the Council as suggested ; because the affairs of the Uni- versity should not be entrusted to a Board, any of the members of which are nominated by other Corpora- tions, the nature and duties of which do not qualify them as the superintendents in any respect of a Uni- versity Education, and much evil is to be apprehended 9 Victoritp. Appendix (D. D.) A. J84G. 7lh M»}. ( Ul^D. ) f"^ eoMifion botwecn tl»e Prnfeii»or» of lh« Univereity ' , '' upon the Board, end those Membcra of the B(«rd itp- ' ' pointed by tlio other Corporation* rnontbned in the Report ; whicli latter members cannot he supposed to take as great an interest in the affairs of the Univer- sity as Professors of the Institution ; becaoxo for the cmcicnt discharge of the duties of the Council propo- sed, and to secure harmonious action, it is desirable tliat these duties should be wholly entrusted to the Profes- sors of the Institution. Professor Gwynne suggests the following proposition, Bs an nmcndinent upon this part of the Reprt : That there be within the College a Board of Selection con- sisting of not less than six members, of whom the Pre- sident shall, ex-officio, be one, and the remainder be clotted annually from the whole body of Professors by the majority of the votes of the members in convoca- tion assembled, on day of That it shall be the duty of this Board to select from the candidates presenting themselves for any proft.'s- sional ofTice, or for the office of Principal of Upper Canada College, the names of two or three persons to be transmitted in alphabetical order to the Chancellor, in whom shall be vested the power of appointing to the vacant situation c;,o of the individuals so selected. That it shall also bo the duty of the Board to act as a Hoard of Audit. Professor Gwynne conceives that the election of this Board can be safely entrusted to the Members of Convocation, without being productive of the evil consequences alluded to in relation to the election of Chancellor ; inasmuch as there will be no immediate cause of excitement calculated to create division or rival interests, as the Board may or may not be called upon within the year to discharge the most impoitant duty connected with their office ; and he is satisfied that the Members of Convocation consti- tute the body most capable of appreciating the indivi- duals whose attainments are such as to enable them to discharge this most important duty ; and that they wiU select those best capable of supporting the interests and lionor of the University. In relation to that part of the Report which provides for the appointment of the Caput, and defines its duties and responsibilities, Professor Gwynne objects, because lie is of opinion, that this 'joard should as much as possible be assimilated to the Caput of the Universi- ties of Cambridge and Oxford, which latter is com- iKJsed of the Heads of Colleges. In the University of king's College there is but one College. But in it, there are various departments. He therefore sujj;i;ests, that the Caput be composed of permanent members to represent those several departments ; and is inclined to believe that the following alteratioD in this part of the Report would prove advantageous : That there shall be within the University a Caput composed of the Pre- sident, Vice-President, or Senior Professor in Arts, the Professor of Mathematics and Natural Phihisophy, the Professor of Chemistry and Exjjerimental Philoso- phy, the Professor of Law, two Professors of the r'aculty of Medicine, the Professor of general Bo- tany, (when such appointment takes place,) and the principal of Upper Canada College. That it shall be the duty of tliis Board to arrange the Curriculum or course of study in the several departments ; to appoint the necessary University Officers — the Dean, Proctor, &c., and arrange and distribute the fees by which these officers are to be remunerated for their services ; to nnnoint tlie Masters to Upper Canada College, and direct the general management of that Institution ; to appoint persons to fill all the subordinate offices in Loth Institutions ; and finally, to regulate the expcndi- (uie of that portion of the annual income which, alter paying the salaries of the Professors, &c., may Lc placed at tlicir disposal. Appendix Professor Gwynne is strongly of opinion that it is /]). ]) \ of essential im|)ortancc to the Institution that some meuui bo devised, whereby iJie te«l estate and capital -^ jf,^. of the University may be removed entirely from the immediate control of any individual or number of indi- viduals connected with the University, and placed in tlie hands of some responsible person or persons whose whole attention should lie devoted to tlie protection of its estates — he or they might lie selected by the Board of Selection, and appointed like the Profe8.sors by the Chancellor, subject, however, to removal from office in case of not giving satisfaction to the Board of Selection and Caput ; to which liodics he should be re- quired to make* quarterly returns of the state of the endowment and of the actual amount of funds at the disposal of the Caput. He or they should also be required to make such annual retiiri's to the Governor in Council, and in such form as they might deem expe- dient. Ample security should be required for the trust committed into his or their charge ; and, in case of inefficiency or misconduct, the dismis.sal might take place in manner following, that is to say ; if at a special meeting of the members composing the Board of Selection and Caput collectively, convened, by any three members composing these bodies, for the stated purpose of taking into consideration the conduct of the officer or officers entrusted with this depart- ment, three-fourths of the members present are of opi- nion that he or they should be dismissed from ofliice, then the removal should take place accordingly. Professor Gwynne is also of opinion that the sala- ries of the President, Vice-President, Professors and Managers of the Estate should be determined either by the Act of Incorporation, or in some other mode inde- pendently of these officers themselves ; and that the salaries so determined, together with the fees derived from the students attending their respective classes, should constitute the remuneration of the several Pro- fessors for their professional duties. He also thinks that it would be desirable in like manner to „ , HENRY CRO^'i*.''^ Professor of Chemistry -idl -nil CSlffnoiJ /j » l' / I ^ '.tonuD. Ap|>endix (D. D.) A. 1846. ppendix ). D.) Appendix (1). D.) , ^ , 7lh M»y. I {\st enclomre in No. 7.) " New Brunswick. " Messiige to llie House of Assembly, 'Uli Feb. 181G. " W. M. G. COLEBUOOKE, •' Lieut. Governor. " The Lieutenant Governor lays before the House " the copy of ii Despalcli referrud to in his opening " Spoecli, relative to King's Coilogd. " W. M. G. C." The Document acoompanyinc; this Message being read ot the Clerk's table, is as follows : KING'S COLLEGE. (Copy.) No. Sir, 312. Downing Street, \2lh November, 1845. Referring to the correspondence which has already taken place between us on the subject of the Act of the last Session of the Legislature of New Brunswick to amend the Charter of King's College, I have now to convey to you the necessary instructions for your guid- ance in that case. On the authority of the Solicitor General of the Province, and of the great American Jurist, Mr. Stor)', you suggest a prelimentary doubt, which, if well foun- ded, must supersede all further discussion of this Act. It is the doubt whether the local Legislature possess- ?s any constitutional right lo alter the Royal Charter, without the express consent of the Corporate Body, and whe- ther such ar. Act, if passed, would have the authority of law. In applying the decision of Mr. Slory (whatever that decision may be) to the case of a British Colony, there must obviously be great room for error, unless the most exact attention be given to the inherent distinc- tions Iwtween the constitutions of various States united together in one Federal Government, and those of our own Provinces united together as members of our ex- j tended Empire. That Colonial laws, repugnant lo the ; law of England, are null and void, has indeed been \ repeatedly and very recently enacled by Parliament, i But with that exception it has not occurred to me to | hear of any cases in which the Courts of any British | Colony could lawfully refuse to enforce obedience to the Acts of the Local Legislature. I do not, however, propose to pursue further this ab- stract enquiry, since the question to which it refers docs not really arise in the present case. It is not the fact, that the Charter of King's College is a Royal Charter in the proper sense of that term ; it was not granted by tlieCrownin the unaided exercise of the Royal Preroga- tive, but on !'.ressive of the futility of a great project which ■I had aimed at the highest public good, a monument dis- '"■ suading and discouraging similar undertakings. How- ever just may be the objections to the changes actually proposed inthe Charter, it is therefore impssible to deny that numerous and great amendments of it are indis- pensable. 1 have no hesitation in acknowledging my own ina- bility to suggest what those amendments should be. Even ifthe College were to be established in England, for the education of young men lor the highest pursuits of life amongst themselves, 1 should not scruple to avow the incapEcitv of Her Majesty's Executive Government to prescribe 'the right course of academical instruction and discipline to be observed in it. To form a cor- rect estimate of such questions, a far deeper familiarity with them is necessary than is to be acquired during a pupilage in early life at one of our Universities. The science of alucation, especially in its higher walks, must be learned like other sciences— by patient study and long experience. All our Collegiate Institutions in England have been originally founded or progressively moulded by learned and scholastic men. We have no such institution deriving its inleri.al economy from an Act of Parliament. The failure of a College regula- ted by an Act of the Provincial Legislature is no just subject of surprize. The great requisite in the present case appears lo be, that "the alterations to be made should be maturely wci<^hodandrecommendedby men possessing an intimate acquaintance both with the" theory and the practice of educating in religion, in literature and in science, those youthswho,from'their birth, their fortune,ortheirnatural talents, are probably destined for the public service as Le- as Merrhantson an extensi vescale. Toobtain such advice it would be necessary that a Commission should be consti- tuted, and that it should be armed with all powers requi- Apprndix (1). 1>.) , * ^ 7th Mil.. and which, without their authorilv, could not have J sitcfor conducting and defraying the expense of the ne- leen promulgated. ' ccssary enquiries. It should be composed of men unani- ccssary enqui: SiSSBSSSm i> Vicforitr. Appendix (D. D.) A. 184G. A|>puiiili (I). I). nil Miiy (2nd Enclosure in No. 7.) Appendix (I). D.) ) inous in the dusire lo promote education among tho ' wcaltliirr classes of society on Christiun principles, u r„„,„.;i„fK!nnlof Km^ Coge nt Y oHc^^^^^^^^^^^^^ ;U» Ma,-, ■ tho object itself. Vet there is happily one principle i> ioronto) on Lord Godench s Dtspatch.-adoptc.l on which amidst all the discussions before me, a gene- I ral HKreement prevails, and by that principle therefore | (he Comiiissioners ought to bo bound. It is that King's ; College should be oj)en so far as its advantages, cmolu- j menis and honors are concerned, to every denomination j of Lliri.sllans,but that according tolhe original design the public worship performed within ilswallsshouldbo that of , (lie Church of England, and that tho Chair of Theology j should be ocruped by a Clerk in Holy Orders of that i Ciiiitrli, ofwhitli of course, therefore, all Graduates in , Divinity must bo members. These reservations in fa- j vor of the Church of England are made in no si>irit to which the members of any other Church could even plausibly object. They proceed on no claim of asccn- (lancv or supriority. Their object is simply to retain for tlie Anglican Church tlie advantage actually enjoyed bv cverv other biuly of Christians in New Brunswick, of haviiig one place of cducaticm in which young men may be trained up as Ministers of the Gospel. On tills head I perceive, indeed, but one question on which any doubt has been thrown ; it relates to the religious text to be taken by Graduates in Divinity. The* Act before me proposes to substitute lor the test taken at Oxford, a declaration of belief in the Holy Scrijitures and in the doctrine of the Trinity. Now if it were proposed that Theological Degrees should he granted Christians of every denomination, I could un- derstand the motive which might suggest such an inno- vation. Hut when it is agreed that the Graduates are lo be members of the Church of England, the imposi- tion on them of a test at once so new and indefinite is recommended by no reason which I can either discover or conji'clure. Whatever opinions may be entertained regariiing the Oxford tests by those who dis.sent from the Church of England, it would seem entirely at var riance with the spirit of religious liberty to forbid llie imposition of those tests by those and on those who concur in holding them sacred. If the Council and Assembly will concur in provi- ^ ding for the appointment of such a Commission as I have : .•iuggesled, and for defraying the necessary expenses of it," I trust that no insuperable difficulty would arise in the choice of competent Commissionners. Aided by their Report, a law might be framed cither for altering tlie Constitution of the College in accordance with it, or for enabling the Crown to issue a Charter for tliat purpose. The whole of this ques- tion might thus be withdrawn from debate in a po- pular Assembly, to a more tranquil, and for this pur- pose, a more competent tribunal. Without the excite- ment of those feelings which must animate and occa- sionally discompose the deliberations of the Represen- tative Branch of tne Legislature, it would, 1 trust, be settled on such a basis as to conciliate the feelings, satisfy the judgment, and promote the interests of all classes, asfar as such results are attainable in alTaira of this nature. In that hope Her Majesty's decision on the Act nndjr consideration will be postponed until you shall have ascertained and reported how far the Legislative Council and Assem'-ly are willing to concur in the course of proceeding which I have thus pointed out. I have, &c. (Signed,) STANLEY. ') 21st March, 1332. The College Council having deliberalcd upon the Despatch of l!ie Right Honorable the hecrclary of Stale fir the Coloiiirs, which was referred to them by His Excellency the Lieutenant Governor, and rend in Council on Saturday the lOili instant, and the opinions of die Members of the Council upon questions severally proposed to them, it was Resolved by the Council, that the following Report lie addressed lo His Excellency tho Lieutenant Governor as containing their opiniendix (D. D.) A. lB4a Appendix (1). D.) > ' , Tth Mo/. .'0 f ,i n- ■•'iJ Ilie Clinnccllor, Prcsircvious to the appointment hy the Chancellor of seven discreet and proper persons resident within this Province, to constitute in conjunction with the Clian- rellor and President the first or original Council of the College, a (Council has been accordingly consti- tuted hy appointing seven persons under the authority luted is their only dilTicuiiy ; on the contrary, they wish it to be understood that if their scruples on that point could be removed, they would still not feel it right to concur in surrendering «ither the Charter of King's College or its Endowment. As the Council do not feel, so they cannot profess to feel a sufficient assurance that afler they should have thus consented to destroy a College fotindcil by their Sovereign under as unrestricted and ojien a Charier as had ever passed the Great Seal of F.iiglnnd for a similar purpose, the dillerent branches of the l>!gislature would tie able to concur in establishing anotlicr that would equally secure to the iiihahitantsof this Colony through successive generations the possession of a seal of learn- ing in which sound religious instruction should be disjiensed, and in which rare should be taken to guard against those occasions of instability, distention and confusion, the foresight of which has led in our Parent State to the making an uniformity of religion in each University throughout the Empire an indispensable tea- ture in its constitution. Iflheobjections entertained by the Council against the surrender of the Charter were not insurmountable, nostronger inducement could be offered than the request which IlisLordship'sDespatchconveys; for the Council cannot fail to bo sensible that such a re- quest can have been dictated only by a supposed neces- sity for departing from established principles in order to promote the jicace and contentment of the Colony. With the opinions, howev.^r, which the Council entertain, and with the opportunity of forming those opinions which their residence in the Colony affords them, they could never stand excused to themselves or others, if they should surrender the Charter, supposing that to be within their power, so long as there is an utter uncertainty as to the measures that would follow. The moral and religious state of more than three hun- dred thousand British subjects is at present involved in the proper disposal of these questions, and before very many years will have elapsed, more than a million must be atTeclcd by them. The Council, therefore, what- ever results liiight be obtained by other means, could not juBtifv to themselves the as.sumingthe responsibility of endangering the very existence of this Institution. They would feel bound to look beyond the movomcnis and discussions of the passing hour, and could not even, if they concurred in the view of present expediency, consent to pull down the only foundation which at pre- sent exists in Upper Canada for the advancement of religion and learning upon a system which has not been repudiated by the Government in any part of His Ma- jesty's Dominions. The College Council would entertain no objection against the surrendering the Charter of Incorimratioii as a mere fornal act, to be immediately followed by the granting of another Charter under the Grr at Seal upon terms that shall have liecn fully settled and agreed upon previous to its surrender, so that the exis- tence of a College in Upper Canada should not bo de- pendent upon the chance of the Legislature or the Go- vernment devising a Charter which all religious sects, and all parties shall forbear to complain of. If the power of surrendering clearly lay in their hands, they should feel this caution necessary, liecause they are strongly impressed with the conviction that the proposition which must be made to the Legislature to concur in framing a Charter for a new College, would either be attended with no effectual result, or would lead to the establishment of such an Institution as would be without an example in the B-itisli Dominions, and they are apprehensive that the consequence would very probably be that after the delay of some years, the small chance of an union of sentiments upon this sub- ject might lead His Majesty's Government to give up tho attempt, and appropriate the surrendered endowment (wliicii His Lordship declares shall never be diverted from the object of the education of youth) to the ad- vancement of Education in some other manner than by the foundation of an establishment the Council considers to be indispensable to the future welfare of the Colony. Appendix (I). D.) 9 Victoiiic. Appendix (D. D.) A. 1846. Appendix (b. D.) , — ' — ' :(b U»y. To give every facility in tlicii |)ower to such mea- sures lis arc within tho discretion of His Miijusly's Gov- «rnnifrit for ovorcominj? liiu supposed dilhculty, the Colleno Council take this occasion, lli'j first that lius been presented to them, to slate what are tho mcshficn- lions of thu Charier whicli in tiieir opinion it wouhl Im) desirahio to intrixluce, taking tlio several points wliich have heen the suhject of discussion in tlie order in which they occur. 'I'lie Council arc willing that tlie Bishop of Quehcc being Visitor should not bo in- sisted upon. They approve of the Charter in that point as it stands, and think it liable to nojustevcuptiun ; but, if it bo excepted against, they would not regard that provision of tho Charter as indispensable, because it is not really essential, and because usaf j in similar In- stitutions Joes not require it. They think, however, that no person should ho Visitor who is not u Member of the Church of England, unless indeed it slioiild be thought advisable to make the Court of King's Bench viaitor in conformity to a general and constitutional principle. The Council are willing that tho President of the College, on any future vacancy, should be any Clergyman in iloly Orders of the Church of Eng- land whom the King may think fit to appoint. That provision in thu Charter which makes tho Archdeacon of York President, ex-officio, the Council admits to be inexpedient since it may very well hap- pen that the qualifications which may very properly lead to an apiwintment to tho Archdeaconry of York may not include all that are necessary for the impor- tant and particular duties of President of a College. The Council takes it fur granted than no one contem- templales any thing else than that the present Archdea- con of York, who specially named in the Charter, is to continue President so long as he may consent to do 80. The Council think it desirable that the subscription to the Thirty-nine Articles should be dispen.sed with in respect to the Members of the Council, who they would nevertheless recommend should be Members of the Chu.ch of England ; but if His iMajesty's Government deems a relaxation of the Charter on that point in- dispensable, thu Council are disposed respectfully to acquiesce. With regard to the clause in which mention is made of tho religious tests or qualifications to be required of persons to he admitted to a Degree in Divinity, the Council are willing it should be altered so as to read thus : " And we further will, ordain and appoint that no " rcliginiis test or qualification shall be required of or " appointed for any person admitted or matriculated a.s " Scholars within our said College ; or of any persons " admitted to any Degree, or any Art or Faculty there- " in, save only of persons admitted within our said Gol- " lege to any Degree in Divinity, respecting whom " such regulations may be made as tlie College Council " shall think fit." The Council have thus respectfully laid before Your Excellency the objections which occur to them against the surrender of the Charter, for the purpose of throw- ing the whole matter as a perfectly open question be- fore the Legislature, and they have also stated what ore the alterations which they think might with advan- tage be made in the Charter, and in effecting which they will cheerfully give any aid in their power. Before taking leave of tlic subject, however, they cannot forbear to declare that they have experienced no little surprize and mortification in perusing some of the arguments which His Majesty's Secretary of State has advanced for proving the propriety and necessity of surrendering the Charter. In the first place, they humbly submit that the Char- ter of King's Col h'ge cannot ri'iisonably be cidlod ex- (;lu.tivo and resirictivo by comparison with that of any olhor Collego in the Dominions of the Crown. And in the next place, llicy cannot concur in the as.sumption that anyllmig contained in tho Charier bus necessarily bad the clli-ci ofcoiiiileracling or defeating liie design of tiu' Institution, and depriving the Province of the advantage anticipated from its a(loption. Tliey admit that representations have been made, complaining of their Charter in common with a multi- tude of other sui)posed grievances, and that His Miijcs- ty's Government in deference lo these representations, hab suspended the operations of the College Council ; but ihey cannot admit that this suspension of proceed- ing has been otiierwise necessary than from this direct interposition proceeding from His Majesty's Govern- ment. The Council perceives tliat His Majesty's Secretary of State notices die fact, " that whilst no positive steps " have heen yet taken for giving to King's College any " practical exislence, tho" now Collego wliicli Your " Excellency has established has been forwarded with " considerable activity, and is now open for the instruc- " tion of youth ; from which fact it is assumed that ex- " porienco has demonstrated that under tho peculiar " circutristaiices of Upper Canada, a College with re- " striclive tests is altogether inoperative for any useful " purpose." Tho Council do indeed very much regret, that it should have escaped the recollection of His Majesty's Government, that the progress of King's College has been obstructed by such a direct interposition of the Government, under the authority of the Secretary of State, as excludes all inferences of the kind, and such as left no room for deliberation, much less for experi ment. In justice to themselves and to prevent further misapprehension on this subject, the College Council take this occasion to explain how it has happened that this Institution, founded on a solemn Charter under the Great Seal of England, has not been culled into action in the few years that have elapsed since they were appointed to manage its affairs : they, therefore, beg to state that, upon the arrival of the Charter, which was a short time before Your Excellency assumed the Government of this Province, the neces- sary measures wore taken by His Excellency the then Chancellor, and by the College Council appointed by him, for carrying its provisions into elTect. In a short space of time they had purchased a very eligible site for the College ; they had had a minute Survey and Report made of the value of all the lands which constitute the Endowment ; and had made such arrangements as were rapidly producing tho necessary funds. They had procured a model and specifications of suitable buildings, and were on the very point of advertizing for contracts to erect such parts of them as would suf^ fice for the immediate purposes of the Institution. Appendix (1). J).) :th Miy. They were proceeding in all this without difficulty or hesitation when Your Excellency succeeded to the Government of the Province, and in a short time after- wards (acting doubtless upon instructions received from His Majesty's Secretary of Slate) convened tho College Council for the purpose of making to them the announcement that no further steps should be taken. This announcement was made in terms so po- sitive, that it was declared that one stone should not bo . -. — .-*1.~- .,„*;! ^«.«ntn «Wrt».>*irtno in *t»4s l^.nnr* pui uj;oii uliuto^i uiiltt «-rttawi ter had been made or proposed to the Legislature, and iliat as Chancellor Your Excellency would utterly I refuse to concur in any further measures of the Council I under present circumstances. 7 . t. V' 9 Victoria;. Appendix (D. D.) A. 184(5. V App(!niUx (1>. D.) 7lh May. The Counril could hnt mihmit in the oiirwirt hope j| thnf a moro tiiiitnrn .■..tiMilrriiti.m of thn Kiihi<ll(u;o more than Tliirlecn ihousaiul pounds, for the erection and support of ihis minor Institution, to which His Majesty's Secretary of State alludes in his Despalch. Under such cn<'ouraQ;emnnt that Institution has had no dillicullv in u;oin2; into nrtual operation ; imil \ylnlo in consequence of the professed jcrdousy of the National Church, His Majeslv's Secretary of Stale has, hy an express direction to Your lAccllency communicated to the Collei'o Council, ronfirmed llie iniunclion a^rainsl any proc"iediiifi under the Uoyal (.harler ol Km|j;'s ColleL'c ; ni.tvvithstaiidinf; the Principal, V ice-1'rii.ci- ))al, Iho two Classical Masters nnd the Malheniatieal Master haiipen at jircsint lo he Clergymen in Holy Orders of the tJhureh of England, is proceedini;; in llie business of instruction, and children of parents ol all persuasions are availing themselves of its ndvanla.ii;es, as it was always evident lo the College Council they would unquosiionahly have done, in respect to King's College, if it had been permitted to be opened. There is, therefore, this striking dllVorence, that while the one Institution has been allowed and encou- raged to proceed, and has been enabled to proceed from the funds thus tompurarily advanced, iho oilier possess- ing a sufficient endowment nnd founded by a Uoyal Clinrter has been rrslrained from proceeding by a peremptory interposition of the autlioritv of Govern- ment. Tiie (act has been tho occasion ol groat regret and disappointment to the College Council, because its ell'ect has been to withhold for some years limn the youth of Upper Canada, to the irrcpniable loss of many, those benefits which no other Institution in the Colony is either calculalcd or intended to supply. But it is more than ever painful lo them now to liml that the suspension thus occasioned by iho comniiind ol His Majesty's Government, is advanced asaprooflhat tlio Insiitulion has been established on principles inhe- rently defective, and is made use of as an argument hir the surrender of their Charter and endowment. The Collcgb Council cannot but consider this as sin- gularly unforuinate, because they entertain no doubt whatever, but on the contrary are convinced by past and present experience, that all that was wanlmg to show the unreasonableness of the objeclions that were urged, was to have suflerod tho College to proceed in carrying into elVect the beneficent objects for which it was provided. They cannot on any satisfactory ground account to themselves why in a Colony of Great Bri- tain, receiving annually vast acces-sions of inhabitants from the United Kingdoms, those constitutional princi- ples which are necessary to support a national religion should no* be as decidedly maintained here as in other Colonies of the Crown. The Council think it right to state that they are unanimous in the opinions respecting the alterations which might be made in the Charter, except that the Chiet Appendix .lurtico dcsiros it to be noted that it is not with his ( M. \..) ronnirrence thai the assent is exprrsfod dispensing the ^ . — _^ provision that the members of the Council shall he ;ih M.j. meinliers of the Church of Knghind, il lioing his ron- viclion ll.nt a Cnlleg, for oducntiiig youih in the prin- ciples of the Christinii religion as well as in literature nnd Ihe sciences, is less likely to be useful and to ar. Appendix (D. D.) / — • — . \ , { i I i I J year J830, wli^n inilintory mcnsurcs wcro n(l(i|)tO(l willi ' till) view 111' t'!lahiisheit, amongst otiier purposes, " for the educa- " lion of youth in tho principles of the Christian Reli- " gion," and as it seems to be admitted to be next to impossible to have the principles of the Christian Religion taught in the publicly endowed University ApF (1). 7lh 4 SI / t*K 9 Victoria?. Appendix (D. D.) A. I8^^l(). Tth May. 4 & >^ ( i Appendix (1) I) ) ''*' '''" ''■*'"''li'''i"i*''i' I" '' "'' Cnnirit or t'rqfr»soriiht]i» . ' ol Tlifolo^jv liir all llii' vnrioiis Kcclfujusdriil Imdics in '■ .^ j( ' llio country, i\w 'riusti't's lu'liovc, lliiit liy n liii|i|)y conio|)tii)n, l\w Hill of Mr. Uiiipi^r ri'iiinvcs tlio tlllli- ouily wliicli im iIiim puiiil has lici'n m" ol'ton exprossi'd by i;<)iisiitiitiu;{, as intri(rid liiiimiUUv rnivcrsily, thu iuvoral 'riuH)loni(iil Collcjjrs wiiiili may now or licrc- aftor b(< u.>italili>iii'(l iip.in siic.li salb anil |itii(li.'nlial principles as llio OovoiiiniiiiU may pre,, whicli it may liavc eslidirh-liid, a corlain i;nil prescribed amount of representalloii in du' (luveruinf^ ISody ofilin University. 'I be Truslecs of (|ui!en's l'o|lcf,'(! rriiard (bis us the prominent and niii>t xaluubh! feature in Mr. Draper's liill. J5y tbis measure also Mccbi-'-iasticid supe- riority, caused by aMylbin;^ otiierwise than what is fair, eijuitablo antrained in some mcasiiro to act upon (hii amended one, must he ex- pected, according to (he well kn iwii principles of human nature, to endeavour to secure the operation of the principles of the (.'biirter wliii h they aou:;lit, and ■which even yet ibey do not scruple to inainlain they have neither repudiated nor nbaiidoncd. 'i'lie ii|ipoint- mcnt now and then of a Professor from oilier ranks than those of llio dominant Ei of King's College will alRird a proof and illustration of what has hitherto been somelimes wllnossed, to the cost of all parties concerned, that llie exlremo of domination and injustice never fails to pi'oduce llie nppnsito extreme of general dissatisfaction and lawless disorder. With respect to that part of both Bills which havo been introduced on tliiss;ibject, — referring to a pecunia- ry grant to the Theological Colleges Irom the funds of the University, the Board of Trustees iiave to slate that, entertaining as they mo t c ndially do what is generally termed the principle ^slablishments, that it is the duty of the State to ■, e for the leaching of i " rion Appomlix • King's CollcRP, in adilition lo ibat for Ihe Church of ( |> |) ) " Knglanil." In Jiiiiuary, \MT, when (he iiincnd- x tnenis on the original Charier were under coiisiilernlioii y,,, j,,j by lM)lb I Iousre think it siillicienl to recoinmpnil " it lo be done as soon alter the College is put in o[ie- " ration as may be convenient." And Ihe same point is referred to in a communica- tion ad bessed by Sii- (ieorge Cirey to ibe Honorable Win. ^b)rris, of dale 1st .Inly, IS.n, in the liillowing terms: " l^ord (Jleiieig will tlireet Sir !•'. Head to " convey lo the Coiuii il of King's C:olbKe, llie strong " recoinmendalion of llrr >bijesly's (biveniiuenl lliat " a Theologii al I'rofessorship in accordance willi the " doctrines of ibe Church of Scotland should be forlh- " with established." And in 1810, when for the urgent reasons before meiilioncd, the Members of the Church of Scoilaiid in Canada procured an Act lo be passed esliiblisliing Ihe " I'niversily al Kingston," the last enactiiiu' clause of thai Act was I'omiil lo run ihus : "Thai so ;oon as the " I'liiversily of King's College, and the College hereby " inslilutedi shall be in actual operation, it shall and " maybe lawful for llie Clovernor, LieuienanI (iovernor " or person admiuistering the (iovernuieiit of ibis I'ro- " vince, to auliiorize and direct the payiiiin; from the ' "funds of said I'niver.-ity (if King's CoUeg", lu aid " of the funds of llie College hereby insliluled, of such : " yearly sum as shall to him seem just, fir tl.i' jiurpose " of sustaining a Theological Proliissorsbiii therein, " and in salisiaclion ol all claim on the p;irt of the " Church of Scolland for the iiisliliilion of a Proli'ssor- " ship of Divinity in the University of King's (College, " according to llie fuitb and discipline of the CI " of Scothiml." inrcii Allbongh that Provincial Act was disallowed by Iler Majesty, for the reasons specified iii a |,revious part of this statement, in which the opinion of Her Majesty's Law Olliccrs is (pioted, yet most assuredly llie spirit and design of this last clause of it were not interfered with, as is evident from one of the sentences of that very opinion. Thai sentence is as follows : " If anv Legislative enactment respecting the funds of " the University should be necessary, tlii-. may follow " upon the Charter." Which stalement regarding the .'Vindsdf the University of Queen's College, is repeated in the Despatch of Lord John Russell to the Governor General, to whom the opinion of the Law Olhccrs respecting Queen's College was transmitted. But not onlv has there been a Provincial enactment. within its boundaries, they have no objection of any ■ sustained by a specific mention from London, both on sort to the reception of such pecuniary grunt. ' the part of the Law Officers of the Crown, and of Her Majesty's Principal and Under Secretaries cf State for But, in addition to this, the Board have particularly the' Colonics, that there should be an annual payment to state, thatQucpii's College is an Institution to which from the funds of King's College to Queen's College, the attention of Government, and also that of the Coun- but there is abundant and satisfactory evidence to prove, cil of King's College ought to have been directed much that by parties representing the Government in Cana- more than it appears to have been. This belief of the da, King's College, and Queen's College, respectively, Trustees is grounded on the following considerations: — specified ibo sura to be obtained by Queen's from the I fiinds of King's College was a thousand pounds per As appears from part of a quotation already made, ' annum, the Select Committee of the House of Commons in | 1828, advised, " that a Theological Professorship of i Although, however, the facts are as now stated, and "the Church of Scotland should be established in ; although there has been for the last three years a Thoolo^ 9 Vicforijr. Appendix (D. D.) A. 1846. A I) ^ K" "I I'rof.HiM.r in f...ii,..xi.>n wiili llm Cl.i.rili nf Kiik- _\_ laiiil ill KIiik's «;oII<'KI>, ncillKT llii) (inviriiinfiit nor llif 'TTW. ' ('..iiiK il'>IKiiiK'''''"l'''«" lii'^'l<'i>P »■'> ''''">< inr.'l.'tiMilll 4'll'l'll's (Jolll'iri. jlll'* hl-en 13Mill)lislllMl by priviitu nifMiH iiloni-, wliicli I'l'liiC olniiiiifd iiliiioM onlinly in llii:« omiilrv, it caniinl but wo will known, mu-i I"' iill'iKi'ilicr insiitliciriit lo support a I'tiivcrmty ; uii(i alllioii|{li iIk' Koyal Clinrl.'r, whi.h was dftlHr.il to III' iicc.oisNiry l''>r llio purposes noui;lit lo bo atliiined, WHS priKiired lit tin' lieiivv expense ol' iipwnrds of Heaven hundred pounds yet wild llie exreplioii ol a pranl of live bundled p "iiids (com ibe l/MrislaHiro at llie elosc ofbi.i Session, lor Ibe vear Vii'2, (die first year duriiif,' Willi li (iueen's Colle^^e was in oi,er;itioli) liolliin« wlinlover bus been i;ranled out of tiie public binds ol (be I'rovinee for llie siijipoi-l of tlii4 Inslitntion, wbile very dillerent bus been llie lieiilnienl sbewii not mertdy lo similar, bul also lo very dlllerei.l literary InsliUilions ibroiinliout llie ('ounlry. Tbc Hoard of TriiNlees feel prompted and encouraged to enter tlius fullv into nil lliese mailers, from obscrv- i,i.- ibe desire exjiressed by Ills F.xrellency "ol allbrd- ""iii.rlo Ibe several (',nlle|ies now eslabllsbed in Upper " Cmiailnan opportunity of od'erin!; sucli an exposition " of llie views entertained by ewb as may facilitate " bis arriving at a clear understanding of tlie wboio " subject." ! It will thus bo seen, that the position occupied by Quern's College, and by Unper ('aiiada in reference to 11 University Edurat'ion, is subManlially Ibis, that at a time when the people of Western Canada might reasoiiiibly have expected that some provision should be made 'for securing lo them and their posterity ibo henclilsofa Literary and ScientilicEduration "founded | " on the principles of the Christian Itellgion," a muni- | firent provision wm made by Royal Bounty for this , impiirlant purpose ; that after a lapse of thirty years, a ' Charier from the Crown wasoblnined lor the establish- ment of the University, the terms and character ofwbich, ; when it was obtained, were unknown by the vcr)' people j whose general and lasting welfare was meant by the en- I (hiwni'Mit of tie Royal Founder to bo secured, and when the pciple did know the character and terms of the Char- ter ibcirdlsajiprobationof them wasexprcssed in the most empb.itle and unequivocal manner ; ihat for ten years the procurers and holders of Ibe Charter, contested and challenged the right and the power of any autho- rity whatever either iii Canada or in Britain, to wrest it from them, or even to change it ; that the Members of the Church of Scotland, foreseeing no issue to this contest, anil ignorant as to the character of that issue, perceiving also, that as time passed away, the lite- rary and religious interests not only of Iheir own body, but also of the public generally, were sutlering loss, bean to adopt measures with the view ol accomplish- in" by private liberality what they fondly hoped to have "seen attained by means of Royal Bounty ; that even after certain amendments on the original Charter wore made, no successful elforU were put forth by the Council of King's College lo put it in operation until after the business of tuition in Queen's College had commenced, and also until after "the Upper Canada Academy" established under that title by the Wes- levan Methodist Church five years previously, had be'cn incorporated under the name and style ol "Victoria Coltege" at Cobourg ; so that whereas the summer of lb4l'saw Upper Canada without a College at aii, the summer of 1843 exhibited Ibe siime country with three Colleges ; not the least extraordinary feature of this ex- hibition being, that the acting authorities of the publicly endowed University did not proceed to lay its foun Appemlix dalion stono until afior »ho two otheri were in itrlual (|). D.) operation ; suptrliiial ob»erver» U'lnd thus lemplul lo ^ , ^ draw Ibe one or the oilier of IwocoricluMoiis, lioih eiimil- „,, >uy. ly erroneous,— either that a CoMen'' i"avery diflercnt ibiru' from what most fi'ucated |Mrsons are accustomed to believe it, or ihal ' VVMern Canada, in less than two years bail made himIi rapid advances in the ilosirc .ifeniovir« a Literary i ml Srieiililie. Kdueiitlon as from having none, to hav< jiHswd into the condition of having //ircc Uiiiven li<'s;— the historical fact all the while being, lliat if lie publicly endowed Inivcrsily had, insl. ad of being Marled last, b< en put in operation (irst, and on sue I, safe ami lllieral principles us were set fiirtli by the popb) of ('anaila, and also by the Fm- pertal (Jovernniei I, alter the true stale of the I'rovinco had become known i>i Fnnland, the two Universities which were tirsl in operation, would never, as Univer- sities, have Iwen ihoiighl of. From the moment when the three' Colleges now in Upper Canada were in opera- lion, it l)ccame inevitable that the public should regard ihem as rival, not really nredftil liistittitions, and ns the one is iminiliceiitly endowed, and the other two are not, it is renderedccrlain that in conseipience of privileges and rewards held out lo Sliidents by llic pub- licly endowed College wbitli it is impossible for pri- vately established CJolleges to o|!i,.r, most of the very limited number of University Students in the country will bu attracted to the place whence jiecuniary and literary honors will bo most likely lo llow upon their present and future course ; and finally, it will be seen, that so far as (Jiieen's (;ollego is concerned, not only has that equitable share in the management of the all'airs of King's College justly claimed by the Members of the Cliurth of Scotland been denied and resisted, but also that what has repeatedly been the subject of the strongest representations by the Imperial Govern- ment, as well as of negociation with the (iovernment of this country, and the acting authorities of King's College, has been unjustly withheld. Viewing all which considerations, the Board of Trustees oT Queen's College entertain very decidedly the conviction, which they have on many occasions and in many modes presen'ted to Parliament, and to the Government, that the only elVuctual way of making King's College as extensively useful as it was meant to be, and at the same time' of safely guarding the in- terests alike of Literature, Science and Religion, is to present inducements to the various Ecclesiastical Bo- dies in Ibe rrovinco who may chose lo avail them- selves of such inducements, to eslabti.sh merely Theo- loiriral Cellenes, with a certain amount of represen- tation to each in the Council of King's College ; and, tipon this principle, so to deal, with the question of 1 grants of money from the funds of the University to the I Theological Colleges which may be established as constituent parts of the University, as justice and equity demand. In other wonis, the Board believe, (hat the only safe way of settling this question is immediately to mark with Legislative authority a measure tearing the essentia! features of the Bill introduced during the last Session of Parliament. Extracted from the Minutes of the Board of Trustees of Queen's College, by (Signed,) J. WILLIAMSON, Secretary. % c 4 (Endoiuri IJ 9 V'u-t|M'iu)ix (I). 1).) A. 1846. r ' I I I c 4 * 1 Appf^ndlx (1). D.) , ' , {Kndrtwt in So. 8.) No. H.— Ltlttr ApffwHa (Copy.) llMoi.iTiow of the Boiir.l of Truiitcoi of Qwcn'i Colli'gc, u(lu|i(e(l Hih Soi)tcrnlitT, 1HI2. R(m>Iv(m1,— Thill innnmiH'li «s n'mro ihu rcront mnvo- mi'til fir till- lonimeiitfincnl i.f Kinn''* f""iK'', Toroiilo, iloiil'ls liiivd iM'cn Pxliri'NM'il to lliin Uimrd fiom varimm (iu;irlrrK of llic cxpciiifiiry "f inakiiii? (im-oii'ii ('"lli'«i' tiiiviliinj; more tliiiii ii '^l<■■.l>.^l(ul Stlim)l, iliis Hoiinl ft-rl lliciiis»-lvi!s talliMl on lo i.il.>|il iliu lollowinn K< solu- tions: 'Ili.il llu'y inromniim with ihf Prt'shyleriim popu- h.lion of iho I'mviiicr, i.lwiiysi'nItTliiinKi ihr ( onv.ilion that il was ino>t oxpt'ilicnt Ihiit Kitij,''» CoMr^.! v. ilh lis amplopiihlic fnih>winont klicuihllx' In liiu propiT sonst', llif Uiiiviisilv lor tho whoh' population willuait rcs|H-tl tolhcroliuious m'cil ol iho Studi'iils, and that llu'y wire IkI lo laku mcasuris for foiinilini? and i'>t,iblishinx ;< scparale Colk-gi', oidy when iht' prosperl of tlio aiMual coinmi'iucMnonl of Kind's CoM.'jjc and the allainn.nit hy the I'rt'sbyUirian popiilalion of ihoir duiMnllui'mi' Hi the adiuinislralion of that Colh'({o soi-nu-d lo ho in.lfli- nildy po>tponid; thai, now wiieii llicsc i.iri;uiiislaiKis are altorod, inasmiiili as moasurcs aro in pronrcss l..r hrniniriif,' Ihf business of inslruition in Kmn's Collejcp, anil a spirit of eoniiliution and liberality p rva.les ihe Councils of Ihn Provincial (iovernmelil, the l!oniii teel Ihomselves called on to declare, that they have no wish ti) appear to stand in an atliludo of rivalry lo the Insti- tution, hut rather to lielp il forward as far as they ciin, conM-tently with (hose interests which are eonimitledto Jlicni by Uoyal Ciiarter, and that they are ready to ron- cnr in any LcRishilivc enactment that shidl empower them lo liniil (iuecn'sCollege to the deparlment of 'I Ik o- loiricid instruction, and that shall mithorizc the removal of said College to Toronto ; provided, that the other pow- ers and privileires conferred by the Charier shall not be infringed on, and provided further, that a lair and virtual inlluenco shall he conceded to tliis Hoard and the I'rof'ssors of Queen's C.dlejre in the adniinistratiim of King'f College, ami that all reasonable aid and (iiei- liiies (hall bo atlorded to this Hoard, for making the cliangc herein contemplated. And that this Board shall appoint Commissioners to cominnnicatc this Resolution to His Excellency tho Governor General, and to lake such other action res- pecting il, as they may see tit, tho Heard declaring that they do not in the mean time, cither for themselves, or for any part of the Presbyterian population, forego any of the claims which they have on King's College, that on the other hand thov will exert themselves lo Iho utmost lo obtain tho endowment of a Theological Pro- fessorship from the funds of said College, for which tho Government is in various ways pledged to the Presby- terian Church, and also to put Queen's College on the most effective footing according to the present scope of the Charter, as a general Literary and Philosophical as well as Theological SeminHry. Extracted from the Minutes of the Board of Trustees of Queen's College, by -Ltlttr frmit Ike Princifnil of Victoria (|). 1) CoUegt lo Ih* Frivalt Stcrtlarj/. /— * ) (Copy.) 7tll U»f CoHouMo, I7ih March, 1840. (Signed,) Kingston, 16tli March, 1846 J WILLIAMSON, Secretary. ^V: I hiivo the honor to iirknowlrdgc the reffipt of your letl T of the Uth IliMant, ntntintt llw deaire of ilii K)iif tlie I iiivermly of KinK'i Colleno as amended by tliti Statute of Upper ChmiIu, 7th William IV ,, chapter IG. From your communication it hIso uppcors, that Hit Kxcclleiicy is desirou* of ascertaining the viuwa of each iif the I'pper Canada Collegen on the whole iiub- jei t of the University Queslioii which is now agitatuig the puLliu iniiitt. As the memlicrs of tiio Hoiiid of Victoria College reside in various piirts of tho Province, it is not |x(«»i- ble lo call ihein together at this season of the year. In order, therefore, to complv with your reipiesl as fur us pracliiabli', 1 shall be under the necessity of ailverling to the priKceiliiigs whi
  • f lliii Scfiiitures and the doctrine of the Trinity, clearly conlempluled iti* o()fra- tions u()"n that liberal and Christian foundation ; but the noble and compi-eliensive objects of the Charier J> VicifWifiP. Ap^udix (I). D.) A. IH4<5. ( /iT I>. ) *""*■• **"" *"*'''«'r I t ! ! I iltt.*, , I ttUiitJiiled, III* wcla- B on virtiiur ri!iiliiri>il hy tlio |iurliiil ^ ~T'7,~~' mid oxcliiiiivii tniiniMir in which ii|i|M»iiilm«rii.t l«» lliul | npnrl fri)ni tin: tiiisinipropriiilioii of lurgo |)or(iun» of iu fiiriiln. "SrJ. W*»o/i'*(/,— Thai the Univomiiy Hill np- Mlirii l» provide rtl'iTtuDlly »f{iilim lh« iihiiwN wlii< h i! Uv« Ix-in priuliscd iindor Ihu gciiornl iind indrrmilo prDvixioni dI (hr nmcndod rhiirlcr, mid fur iho fiuuri! ninniini'infnt "f ihi) I nivur^iiiy upim principles nl jirn- liio nnd fairiuKH l«) nil pnrli<"<, and under the . nlnd '< of iMtrwiiiH idc'iililied wiUi the Province, iinn iiil. rcited ' in the ftliciciit opi'rnlinni of llie Univcriily, and in the ] Judicioim ex|H'ndiliiro of ill fund*. " ith. he»ohth in this Country ami in Kngland, for the erection of College) Huildings, hiive heen expended in the C'C- lion of n rouiinodious and expensive eilillco, nt too great a distniice from the seat (>( llio University to ren- der any of its advantages available to the Scholars and Studerits of \'icloria College. " bth. Resolved, — That in view of the peculiar in- conveniences uud disadvantages to which the operations of the Hill must necessarily suhject us, without its 1h)- ing ill our jiower ;o enjoy the Iiencfils of ihe Tniver- sity, we Bp|ieid to ll just and enlightened consideration of the Government, to grant u., ..>;■ h assistance as our peculiar cireumslances suggest ; and to aid us to the utmost of its powiir in making any arrangements which may ho hcreafler deemed expedient and advis»l)le, to oecure to the ])ersoiis under our instruction the advan- tages of ti.e University. " 6/A. Resolved, — That while we concur in Iho gc- norol objects and provisions of " The University Hill," wo beg to submit the following matters of detail, as ap|>earing to require amti .'ment or modification : " ith. While the InKi'm. •■ Scri-t' res is re- cognized in Ihe former Jm i !>l" » Bill. !!;• ^ xty-four(li clause disallows the rcqi'iC;":*! : ' 1 1 (.ligioiis qvn- lification of any Pri>fi's>v.r, i,<;. . -ei itc. Wo .>; not aware that the qualifictil>r/ renii. <:' by the amendni Charter, that every Professor or Teachoror other Odi- ccr, should profess his belief in the Inspiration of the Scriptures and the doctrine of the Trinity, has ever been objected to on the partof any considerable portion of the community, — on the contrary, be believe, it has given universal satisfaction ; and, we should regret ex- tremely to see that Christian provision excluded from the Charter of the University. " 8th. This Board begs furthermore to state, for Ihe information of Iho Government, that Victoria College, from the terms of the subscriptions by which its Build- ings have been erected, ami the provisions of the Charter by which it has been incorporated, must neces- sarily continue to be, as it has heretofore been, a Literary Institution, eiubraciiig llio Kiigitiih «a well us Collegiate Departments of educational instruction, open to all classes of Students, without any Religious test ■ with the establishment of a Divinity Professor- ship upon its foundation." Ap|M'ndix On IW "^h of May, 1»I6, a imwIinB of the Hoard ( ,), D.) of Virtiiriii t (illegii was held, when Imi Hdl, iniro- t diiced by ihe llonorabh) Mr. Altornny Ounenil Druiicr J^^^ j^-, into the lluuM of Aiaonihly at it* luit Heuion was cuiitidured. The following ii Ihe Minut« of llio proccedingi of the B.iord on the subjifct : " Tn the Legislature to grant a sullicient and iier- inaneiit endowment fur Victoria College whore it U now located. i "2. Resolved, That in the event of the furegoing not being ohlained, the Board reitimmend tlat llio proposed University Caput be so coiistiiiilcd, a^ to give eacli College incorporated in siiitl University a fair share of representation in the Councils theieof." ! Again, nt another meeting of the Hoard held the Ut I of last Oi'tnlier, the suhject was tiikeii up and the fol- j lowing lU'Solulioii adopted : I " Resolved, That while the Board of Victoria C ^ ;ih u I I 9 Victoriir. Appciulix (D. D.) A. 184a A|>|M)nilix 7ili M«/' AppendiK (I). D.) / "" ■'* '~> ;ui Utf. t 1 -i t i %} «» Tboro Bre, lM>we»»r, •mM circuirwlMWM whHih I ^ mnniit omii n..ii.inK in rnniiril t.. ilie view* "f thu Umirtl nml tlio rune iif Viclorin CoIIikp. |j I Tho fir»t i«, llinl tl>o nullcJinR* of Victoria ColU-Kii | nra tUuBii'tl Hi C'llioiirn. It ninnot, ttiiTffi>ris dcrivo nny bunelit to ii» pupil* ff'm it» n.mi.'xii>ii wiili lh« Univer»ity nitiiati'il hI Toronto. If it» iiic.rporiilioii with llm Toronto Univonity Imi not iicconipiinlfil with nn iiirrriwf of prtuniiiry iiiil, lli" cliiinKo in it* n-lii- tioni will Im' oni! of iiirrilico nml low in i!Vrry w*\mX. Slioiiltl till- Hoiirtl Imi roinunciBiod for tlif IJml.liiiK* w) nn to ho nl>li' to i-rcrl n new ertHblihliiniiil tit Toronto, Iho caui would bo dillcrenl. Another circumstance rcquirinR nollro i», connidor- Ina where Victoria ("olU-nn ii Hiluiitcd, ilmt tliu ro- K.urces of llifi VVoKlcyiin Body linvo Imm ii lilcrMlly cxl.iiuMi'd in irt!(lin« the Huildinj;* (on wimh ii (U'ht (till roumins) ; tliiit lliey Imvo bctui crfclccl hy suhwrip- tion for npiTilic olij.clii ; Ihnt tho InMitution iillord* Ihi' oidy HH'imH of Rivinn to n urcnt ix.rlion of llio youth of tho Wcfhynn MolhcMli»t Churih n superior priu;- ticiil tduciilion; of furnishinn fiicilili'^Jt for liio educii- lionofthcHonsof Wi'sh-yuii MinislcrN, and providinn f.)r tht' nioro thorough ciluciition iiml irniiiinn; of IIk. WosU'yan C'hrny ; tho Hoard luivr li!i it iin|Hrnliv(! Ilmt thoopor.ilions of the Colli-go shouhl he continued. They hnvo not hi'cn nmbitious n< tn the privilege of conferring Degrees in tho Arl.s.ind Sciences ; hut thev , hiivo been chiellv anxious to obtain thn requisite endow- ment or iissistmue to enabUi them to accomplish ihcso I henuvolcnl and patriotic objects for which tho Inslilu- tiuii was originally c.slnb\i»hcil. Under the present rircum.stnnces of thn Prnvinco, it is not possible that a University Kducation can ho nitained by tho Clergv generally ; or that more c an ho : done in this respect than \» now doing by Iho Loid Bishop of Toronto, aitled by the Propagation Si>ciety, 1 (at whoso disposal a hirgo portion of tho proceeds of j Iho Clergy Kescrvos has boon placed) in the Kpi.sco- | pal Theological Institution at Cohourg, where young men are aided in procuring a good classical education, and are regularly instructed in tho Science of Theology. This is what is sought to bo done in respect to tho candidates for tho Wcsleyan Ministry. Again, the system of tho Wesleyan Ministry render- ing the frequent removals of the Minislers necessary, and their means of support being extremely limited, they can give ihoir sop- no other education tlian that which may l>e obtainei. in the ScIkwIs near which they nro from time to time situated. It is not practicable under such circun dances for the Wesleyan Ministers to give their sons even a tolerable education, without some Institution which will be accessible to tliem upim reduced terms, and which will provide for the moral as well as intellectual education of their sons. With a view to these high and benevolent interests, apart from tho more general and popular objects of Victoria College, the Board have felt it their duty to insist upon its continued operations. Tho case of tho Wcsleyan Bo\\ iih nli. j^i m,, ring than those id tiilioi i»f ih« ollwf ihrue fwriusfoon* *bovn manlionr,), The We«l«y«n Conference nn.l li. IVwdofyt.- ti)ri» College f the in. i»l«iv of tholroatrnentoflho W> .'evun, nml (he three .>i i<'imI* ing ridigious pi-muiwi'i in tlio Counti> , addii. d aid lo Victoria C'ollfge. Up l« the prMcnl tiim- ihoir reprcsentatioas snd cntrentiew have l»en in vain ; not n iix-|H>t» « has >>«•'■•» ai yet alfowod thrni fro the settlement of the ( I ' lleicrvc . ,o»tion. Tho only assiManee .ibtainrd i continual .n of the pitlanie rccomnn'iided by I Sydeiili.iii, in order to n-liuvo tho Institiiiioii I otherwise i .extricable el' harrassmenls. Tho «.ui' tion of (his Irani has Mitigated tho prewiire i debts owini by the College, but has no! been siitTiciwi to enable II " Board to employ a single addition;. Teacher tlan -h the Institution has Ixeii m< orporale. as a College, and the higher hraml.s of coUegiiii. ' instruction ha >■ h en atd' npted to bo i-iven. Tho dissati-iac tion which this une.jual and painlu slatn of thillu was ralnilaled to i r. ,ilo aluong tin Wesleyan Mil. -lers and People, h»^ been parliallv counteracted u| •.> the present time by assoram.'s and expectations tli, thu (i.ivernment would do tliein jus- lire at least |i. some i \lent ; as such has been tho minclple of pol. v nvowe.l botli by tlic Imperial and Provincial Gove menls. Br: ' : mona t tho hope of such a result is cxti»>- guishod, .leep an. iiuiverwd dissatisfaction, iiirreased by Ihobiiurnessoi disapp..iiilmenl, will take po>session of Iho minds of til. Minislers and Congregations ol the Wcsloyaii Method, Church. Tho number oi >iir regular Ministers in Tpiwr Canada '>.ue(>ds 1 . ', and from the nuiubrr of their Congregations, nml iho period and extent ..f iheir laliours, their circun I'.lanccs and wishes on this question deserve, I submit, ll»o most favourable consideration ol tho Government. My present conn -Ion with Victoria College is merely honorarv ; bin I spe.k (rom a perfect knowledge of facts, which it i- not in my power to change or miMlify, and which I I vc felt it my im|>eralivc duty lo submit to the considei,aion of His Excellency in con- nexion with thu settlcinent o( the University Question. I havo the honor to be, &c., &c., &c. (Signed,) EGERTON IIVERSON. J. M. HioGiNSoy, Esquire. Private Secretary, &c.,&c., &e. ^o \0.— Letter from the Very Reveretui Angu$ ' McDonell, College of Regiopolis. (Copy.) Sir, Montreal, March 24th, 1846. I have the honor to arknowtedge your communica- tion of the 9th instant, inf .rming me as one of the Trustees of tho College of llogiop■ srest- ed in the reputation he is desirous of maintu i.-n)'; and leaving behind him, may when the time comi". v i'..^ the consequences of the .priSsent course of the College Coun- cil shall be felt and reprobated, have the means of shew- ing that he, as a Memb<^r of the Collige Council, left no means in his power ur.mr.ed which might have a tendency to protect the <:ollc';;e Kndowmcnt, and to preserve tht same unimpaired t.o futurity. Your 'Excellency's Mcmoralist therefore most humbly represents that the College Charter, while it ordains and grnnla tlip.t the Chancellor, President and Scholars, and their successors, shall lie able and capable to have, tak^ -receive, purchase, acquire, possess, hold, enjoy and maintain, to and for the use of the said College, any messuages, lands, tenements and hereditaments, aiid while the same Charter grants to the Council of the said College tlie power to make Statutes, Rules and Ordinan- ces for the management of the Revenues and Property of the said College, the said Charter gives no express power to the said Council or to the Corporation of Kings Col- lege to alienate the whole or any i)iirt of the landed Endowment; and Your Excellency's Memoralist hum- bly conceives that had it been in contemplation ot the Crown, when the said Charter was granted, that the landed Endowment of the said College should be trans- muted into money, or that the Capital arising from the tra"smutation thereof should be used for temporary or current purposes, some expression of such design would be apparent in the said Charter ; and the absence of any such expression leadi Your Excellency's .viemo- rialiftt to the conclusion, that when I'na late Majesty King George the Fourth granted His Royal Charter for a seat of learning, which was to cxi.st for all time ; thereafter. His Majesty intended that all the landed i Endovvment of the College should be retained in the same ' perpetuity. But if the Members of the present Corpora- tion have and exercise the [wwer of alienation of a part of the said landed Endowment, they or their successors may alienate the whole, and if present convenience be s siitiicient argument for using the capital Endowment of |1 the Institution now, the same indiioeiiient will be pro- |i bably found sufhcicnt at all times so long as tlie Kndow- i men't lasts. Your Excellency's Memonilist tlierefore most j; humbly represents to Your Excellency, not only that the li alienation and use of the said Endowni"nt in the manner jl represented is contrary to nil principle or intention of I perpetuity in tlie Institution, but it is also a most danger- ' ous precedent to be set by the Council, who now act at what may be called the commencement of the operations of the University. That Your Excellency's Memoralist from the con- sideration of the necessity of the preservation of landed Endowment for the purpose of giving permanency to Institutions for the promotion of learning and scieuca, 9 Victorice. Appendix (D. D.) A. 1846. Appendix (D. D.) , A , 7(h Hay. wm IcJ to enquiry ns to tlin manner in wliicli Kiulow- mfnti were prertcrveJ to Ciil!i'p;(M in En^jland, iinil he fuiiiiil thiit tin; snnie evil wliicli lie now coiiiiilaiiii of ->xi-t(il tlierc, nnd tliiit ha recurnnri! iviis privcntcd hy wimt Liiw^crs cull llio ri'stiiiinin;; Slutules of Queen Eliziibetli. 'I'liiit the, »:i\t\ Sliitiiti'H bein;; in tlieii' natiiio general mid hi^^hly remedial, Your Exeellency'a Memorial l»t humbly coneeives that tliey were introdiu'el into this Province by the IVoviiicial Statute wliicli ailnpted the (.aw of Englimd in Upper Canada in all matters of civil right. Tlio Statute 13, Elizabeth, clinpter — is reputed ly Lord Coke to extend to prevent the alienation of Co.lefriate Endowments ns adjudped in the ense olllie -Matter and Fel- lows of Magdalen College in Cambridge. In that ease the College sought to alienate a portion of its Endow- ment by the deviee of conveying the snme to the Queen, for tho purpode of a grant from Her Majesty to a •tranger. And it was unanimously resolved by the Court upon solemn argument, that the said Statute 13, Elizabeth, extended to restrain the Muster ond Fellows of the said Collegefrom convcyingparcelofthe possessions of the said College to the Queen, although the Queen was not named in the Statute, iind the reasons given by the learned «agC8 of the Law who adjudged that case lor extending the construction of the Act so as to make it enibiaee conveyance to the Queen's Majesty, though not spei'iiiUy named, are, in the mind of Your Exoelleney's Memorialist, conclusive against any narrowness of construction of the •ame Act, which would prevent its operation in a I'ro- TJuce where the English Law has been generally adopted. For may it please Your Excellency, if the Court rightly and justly could in the case of Magdalen College say, " God " forbid that by any construction of the Queen who made '' the Act should be exempted out of this Act 13, " Elizabeth, which provides necessary and profitable " remedy for the maintenance of religion, the advan- " cement of good literature, and tho relief of the poor ;" It may well be said in this Province, God forbid that by any construction the same Act should be held not to ex- tend to this Province, where the same good is to be ac- complished by its provisions, and the same dilapidations prevented by its enforcement as in the country from which our Law was taken. If, may it please Y'our Excellency, there was anything In the circumstances of this Province which made it in- convenient that the wiule landed Endowment of King's College should be preserved in that shape, it is, as Y'our Memorialist humbly conceives, but reasonable to suppose, that some mention would have been made of the incon- venience in the College Charter; and instead of an En- dowment in land, an Endowment in money, or the proceeds of the sale of the land would have been gran- ted; or if any such circumstances are supposed to exist now the Legislatn-e is competent to provide a remedy by permitting the alienation of a limited portion of the Ian- ' ded Endowment; but it appears to Your Memorialist that nothing short of the clearest case of incompatibility with tlie circumstances and general Institutions of the Pro- vince, of any Institution of learning being supported in the whole or in part by income iinsing from land, could authorize the Corporation of King's College of its own i head to abrogate the Statute 13, Elizabeth; for, may it please Your Excellency, if it be proper that any portion of the landed Endowment of the College should be pre- I ierved, that Statute surely a[iplies to that portion; and if j it apply to that portion of the Endowment which should t be preserved, that portion comes within the reason and '] remedy of the Statute; and as all English laws in force |i in England at the time of the adoption of English Law I' in Upper Canada, the reason and remedy ofwhieharea| pli- i cable to circumstances and things existing in the Province, | arelaw in the Province, and as it is not competent to indivi- !' duals orbodies public ornriniteto dispense with law nrto J: liniitit:;opei-alio-KRMurJiii, be elleeted by the intaim pointed out in tlie Cliar';- tor tlie nuMiU!;''nient uf llie College pioperty, that i- to say, in obi dienee to Hy- laws ri'Rulaily proposed ami passed in th;it b(dia1f; for it is of all lliin'^s tlie most absurd to suppose, that the Charter reipiired property to be inanai,'ed under the di- rection of Statutes emanating in the first instance from the CluuiccUor, and at the same time to inni;?iue that the same property might bo alienated altogether with lead formality and less deliberation. Had the provisions of the CIu\rtcr, if ther can be held to authorizi! alienation, been adhered to in ti.ne,* past, Your Kxeelleney'.s Memorialist believes tlie Ku- dowment would now be iu a more tlourishiug condition, the Estate would not then have been at the imuieuiate dispot^ul of a body continually chan;,'iug as to its mem- bers and liable to be culled upontojiass h.isty resolu- tion?, authorizing sales or coiilirHiing .sales made v.-ithoiit authority, laws- could scarcely have been passed without a review upon each occasion of the state of the Endow- Till M*f. the years 181.3 and 18 H, renpectively, where a dccrcaso ^1). D.) in the value of land to tlio amount of •_'.<. per aeie, appear.) . in the latter year as compaicil wiih the foi.ner. The portion (if iIk' l'olle);e Endowment which has been sold would therefore ajipear to b.; in proportion the mont valuable, and the poilioii whic'i reiii;iins coinparalively the lea.-t available. 'I'lie Endowment wius made wluii little was known i.f the lands intended to be eonei'ded, and it is but loo probable that out ofliie remains of L:yO,()0() acres of laud a eoiisiderablc portion will bo altogether \alueless. There is every reason to belicvo that .such will be found to be the case, and should tlin College Council as [iroposiil, proceed to alienate ,j().(XX) acres .-nore of the saleable land, fancying that 100,000 acres would remain as a source of available income, it i< certain that an ciivr will have beeu committed which no time or cvciitj can remedy. The system of alienation at present pursued appear.? to Your Excellency's Memorialist mo>t indiscreet and improvident. In the early settlement of the Provinco the Crown Heserves were leased almost iit nominal rent.i, great ulterior advantages being hioked forward to at tho lenninalion of tlui leases. Such was the nature "f tho property pl.ieed in tl'.e hands (,f the Coi poration of King'* Colh'ge ill e.xcIian;;o for tlie wild unoccupied lands ori- ginally intended to be conceded, although for nearl/ twelve months Your Excellency's Memorialist, as thd ment or without the adoption of deliberate plans for the |, Journals will .ihew, ha.s sought informaliou in vain w ta future, whereas by means of continual sales the property ;j ti,e number of leased lots so granted ; to these leased lot* of the College may become seriously inl'ringeil upon, j; „,.(; to be added the lota which the College Council in without any of the parties concerned being aware of the j pursuance of the same leasing system, prantc' upon extent of the injury until it would bu too late for remedy, jj ig„s(.^ gg that by the returns furnished by the V - '~ '" 1843, they are left in possession of only .'J4." Your Excellency's Memorialist is by no means desirous that the sales made under the authority of the College Council hitherto, should be avoided, but he desires most seriously to raise the question of their legality, that purchasers may be confirmed in their rights by the only legal means, namely legislative enactment, which can hardly take place without some statutory definition, and limitatiou of the power of the Corpora- tion, to alienate and destroy the Endowment upon which the useful existence of the Institution depends. Tho College was erected not for the sake of those who have the direction of its affairs ; and the public, which is the parly really interested, never could tolerate the unli- mited exercise of the destructive power of alienation assumed, and, as Your E.\cellency's Memorialist believes, usurped by the College Council. Dilapidated and reduced as the Endowment is, enough may yet remain to sustain the Institution ; and should this fortunately prove to be the case, former waste and rcnluction for temporary purposes may bo forgotten ; but Your Excel- lency's Memorialist humbly conceives, that the danger of the consecpienccs of reduction of the Endowment has now become imminent, and that no arguments of conve- nience or expediency will justify its being further in- curred. The present annual income of the University if j properly matiaged is, in tlie opinion of Your Excel- ,1 lency's Memorialist, ample to enable the country to derive from the Institution all the substantial and prac- tical advantages which in its present circumstances it is capable of deriving from a seat of learning and science, but will not afford the sacrifice of any portion of it, either to show or useless forms. That income being derived from land it must increase with the growth of the Province in population and resources. If, however, the landed Endowment should be alienated, and the proceeds reinvested in money securities, the lea.st that can happen is, that the income will be fixed, while there is a danger by no Means remote of its being mate- rially reiluced by the introduction of monied capital. In short, every circumstance of improvement in the country which can be looked for, will tend to lessen the income from an Endowment in money, and to increase the yearly profits derivable from the laud. It is but reasonable to suppose that lands which pos- less the greatest intrinsic value usually are sold fir.it. The accuracy of this presumption will be manifest on a «onipari3ioii of the ave;-agp pricM received for landa in .r m Acrea out of 290,000, and the sales have been effc .e oat of these leased lots, at a price in niany instaucv .ircely exceeding that which the College placed u its wild lands. When Your Excellency's Memorialist remon- strated against this course of proce*;ding he was met by the Bursar with the statement that the v^oUege Council wero pledged so to act, — a statement fur which Your Excel- lency's Memorialist can find no foundation, and of which the late Council of King's College appear to have enter- tained no idea. It appears to Your Excellency's Slemorialist thtt there is no necessity to alienate any portion of the Endowment for the purposes of erecting the University liiiil lings. The arrears of interest and rents, which are legitinmtti/ applicable for this purpose, according to the returns made in 1843, amount to je;i4,798. Sir Charles Bagot was of opinion that the University Buildings should be creeled with the proceeds of these arrears. Tho Bur.sar in his returns to Parliament in 18-li', proposes to pivo time to the persons indebted, so as to divide the claims upon them into annual instalments, for a space not ex- ceeding five y.ars. How far this propn.silion has beea cariied into effect Your Exeelleney's Memorialist doe* not know. The amount of the sum in arrear remain* however unclianged in the relurnsof 1812 and 1843, and notwithstanding that the College income is said to bo indebted to tliis sum in the amount of £1250 per annual, it still remains dead capital. Your Exeelleney's Memorialist may further add that the Sub-Committee of the College Council to whom is entrusted the sale of College Lands, are gentlemen inej- perienced, and wholly unacquainted with the value of landa in this country, and consequently in no respect qualilied to fullil satisfactorily the important duty requi-_ red of them, if such a\luty can be delegated to any Com- mittee by u Resolution cf tho CoUe-e Council. Your Exce'.lency's Memnriali.st trusts that he ha.n laid before Your Excellency suffieient grounds for Your Ex- cellency's interferei^e ; and to shew Your Excellency that his opposition to tho measure.s of the Council ha* been iu no respeot factious and unreasonable. It only remains for Your Excellency '» Memorialist humbly to prav Your Excellency to enquire into tho le- gality of the p'roceeding.1 of the College Council in tho aliBuation of the landed Kivlowrtient, iuthe trnmtaiutatiou 9 Victoriep. Appendix (D. D.) A. 1846. ■■%., AplH'nlix (D. D.) > — f^—y 7lh M>y. of the mime info money necuriticn, and in the use of the j cnpiml Knilowuiint or any pr\rt thereof, in paj tncnt of or : iu udvnncc for current expenses. ! And if Your Excellency should be ndvised thiit siieli alieniition, tinnsmntution and applieulion iniiy IcSflUy , bo made without LeRisliitive an'hority, to prny lour Excellency that the same mny take, place under the f-anc- j tion of College Sttttuted, in which the powers to be exer- cised and the extent of the property to be. attected by them shall be strictly limited and defined. And if Your Excellency should think fit to propose the sale of any portion of the landed Endowment of the College or the use of any of its capital, that the same may not bo used to meet current expenses, but that the latter may bo limited and reduced as a matter ot actual necessity, instead of the expenditure being considered ol necessity to the injury of the Endowment. With the view of insuring this object Your Excel- lency's Memorialist moved in the College Coundl an amendment to the Statutes lately traiihmitted to Your Excellency respecting the salaries of the Olfic<'rs, to the effect that these salaries should be paid out of tlieannual income. This amendment was approved of, and it was «greed that Your Excellency's attention should be called to it in the address lately transmiMed to Your Ex- cellency, recommending some trifling additions to the College Statutes. "When informed by the President an« Bursar that the income would not admit of any ad- ditional expenditure, Your Memorialist agreed to the non-increase of the salary of Professor Sullivan, although at the time Your Memorialist expressed and considered that there was not in the establisment an officer so tadly j remunerated for his services, an opinion which Your j Memorialist entoptained in common with almost every Member of the Medical Faculty, and upon the same ground Your Excellency's Memorialist opposed an addi- tional allowance to Dr. Beaven. Your Excelh-ncy'a Memorialist is aware that on the occnsion when the question arose relative to the payment of the Professors' salaries in sterling money of Great Britain, liis vote on that occasion esposes him to thecharge of inconsistency, and of desiring to increase instead of to lessen expenditure ; but Your Excellency's Memorialist had then in view to move a Resolution which would have had the eff^eet of opening the whole question regarding ealaries, so that the same might have been placed on a scale in accordance with the actual income of the Institution. Your Excellency's Memorialist had not then, nor has he now, any desire to increase his own salary, — though in the first instance he considered himself entitled to the amount promised him, and in consideration of which he had given up his private practice ; and he could not see the justice of reducing the salaries of Professors who were called on to discharge the greatest amount of duty, in order to raise to an equality the salaries of others who were not expected i;o perform duties to ha'f the amount. But Your Excellency's Memorialist makes no ] coiupkint as to himself, his salary being as high as the | present income of the College will admit of. j Your Excellency'ii Memorialist had resolved upon j addressing Your Excellency on these subjects previously to the arrival of Your Excellency's late Minute to the j College Council, and finding that Your Excellency re- quired information touching some of the subjects to which he was about inviting Your Excellency's attention, he thought it right to inform the Council that he was then preparing a Memorial to Your Exceileiiey respecting mat- ters connected with the University. Your Excellency's Memorialist took this course, fearing that otherwise he might \y< exposed to unpleasant i-eraarks. The Bursar having now prepared a statement of the affairs of the Institution by way of answer to Your Ex- cell :ey'8 enquiry respecting the protest entered by Your Excellency 8 Memorialist, Your Memorialist takes leave to appeud hereto abstracts of the Bursar's rettinss for the years 1843 and 1844, (nV/e Appendix B.) with a few observations relative to the various items, from which Your Excellency will observe that although the sources of available income have been materially diminished during the la.st year, the income it.self as stated by the Bursal' remains the same in both years. 7Ui M»7. Appendix Your Memorialist is at a loss to nnderstand upon what (1), D.) (rther basis the Bursar should have predletc d the income a for IM I.') than upon the sources specified in his return?, and as the income in each year mu-t bear an exact pio- portioii to the amount of the luidownient, Your Memo- rialist most humbl) apprehends that to exhibit a present income on a diminished Endowment equal to that which was predicted on the larger Endowment of former years, iUf. o a a a o o •■2 O a a '^ •3 a C 03 sS i> to "5 .S o M is '7 ^ t3 ~ . 5 tt-E.S-^ m §■' .1 H J 'J* S S"*^ "*■ .£ -S f ■? ^3 ;is S2 p^OOOOOOOOtN • C«lOOOOOOO(N ^ « -n — ■ O) t- I— « Xi " jfftaoooooo fCOOOOOOOO — pooooirjo J in ifs o oi t- ^ >— «■• w -0 2 ''^ Hi X^ < 71 o 1 m O X C O CI C-. -r 3) o ' -. ^^ — , '^■. tC I- X (O «i2 « g a 3 * a = •S-r-S £ -0 3 2 c> a a ^ 00 00 83 E g S 3 o- £ 5. £ £. bT3 §•■-. 3 S •'•I ?1 «M 00 '^■■1 H {) Victoria?. Appendix (D. D.) A. 1846. ApiHMI'lix (b. D.) , — ^ — » -Ik M»/' Xo, 2. Rtporl of Commillec on the preceding Memorial. (Copy.) ^ Tlio Committee to whom Professor G Wynne's Mcmo- riol to tlio Clmnccllor (hi'iuinf; dnto Fcbnmry I.ltli, 18t.'5,) wn3 rcfcrriMl, report tliiit tlicy liavo invcsli{.'iit('il with much oiirn thtMjhjcct.'* w hii'li th(^ Memorialist brin;;^ umlcr tlio altcnliiin (rf Hin Kxecllcnry, in timt (loeiiniciit. The princ'ipnl nrc the nlienntioii of tiie ICstute, mid tlie conversion of tlie Krhhiwineiit into money, — ami the n»e which it is a.fserleil has heen niadi: of tlio capital pro- ceedn to meet uml bear current expenditure. I. — Of the alienation of the Estate. The grounds on which the Memorialist founds his inrmise that the Collcgi Council doe.s not possess the power of selling the property of the Corporation, are these : (a). The absence of any expression in the Charter giving the power of alienation, (h). The applicability of the restraining Statutes of Elizabeth to the Institutions uf this Province. (a) The absence of any expression in the Charter giving the power of alienation. Of the land which has been or is in the hands of the Corporation, 225,944 acres were conveyed by patent as the Endowment of the University, and about 66,000 were conveyed in trust for Upper Canada College. With regard to the latter of these, there can be no question as to the power of selling, for it is exi)ressly gtatod that the land was conveyed in trust to bo sold for the payment of the sums advanced by the University for the support of that Institution. The only point then, about which a question can be raised is, whether the Council have the power of aliena- ting by sale the 225,944 acres, which formed the Endow- ment of the University. In order that a correct opinion may be formed on this sulyect, it appears necessary to take a brief view of the circumstances und;r which the En- dowment was granted. In. a Despatch from His Excellency Sir Peregrine Maitland to Lord Batiiurst, (dated December 19th 1825), it is suggested, that an exchange should be made of those lands available for the Endowment of a University, " from " that portion of the Crown Ueserves which remains to the " Government," — and thercasonof thissujigestionissub- joini d in the following words: "as being under lease, the " latter could be almost immediately disposed of at an ] " average price of not le.ss than IDs. per acre. There are j " about 200,000 acres of Crown Reserves at present occu- " pied, and a sum would thus he produced that would admit | " of the immediate establishment of a University on a '; " setile that would render it effective." j It appears then from the Lieutenant Governor's Des- i patch su;;gcsting the measure, which resulted in the En- ! dowment of King's College, that tlieiiiduecment forgiving '' the Crown Reserves in lieu of the lands to which the University was entitled, was, the facility with which these Reserves might be sold. In a Report also by the present Lord Bishop of Toronto, (bearing date March 10th, 1846,) the sale of the lands to be received in exchange is specially noticed as the prin- cipal feature which recommended the exchange. On the 1 5th March, 1827, the Charter was issued, — and on the 31st of that month Lord I5atliiii-st authorizes Sir P. Maitland " to exchange such Crown Reserves, as have " not been made over to the Canada Land Company, for an " equal portion of the lands set apart for the purposes of " education and foundation of a University, as suggested " inytiur Despatch ofD!ee!iiber,!9th.!HL'.V and more fiiUy " detailed in Dr. Sirachan's Report of the lOtli March, " 1826, and," the Despatch continues, " you will proceed " to endow King's College with the said Crown Reserves, " with (ks little delay as possible." Accordingly, on the 3rd Appendix January, 1828, the patent was issued whereby the portion (]), f),) of the Crown Reserves was conveyed to the Corporation ^ ^ a« the Endowment of the University. .^^ j|^^ ' In that instrument, although a similar formula to that in the (;harter is adopteil, whereby the Corporation arc authorized " tohave, take, receive, purchase, acquire, hold, " possess, enjoy anil maintain, the word "sell" being omit- t(Ml, yet the power of selling is clearly recognized, for a provision is niiule, "if the lands should come into pos- " session and tenure of any person whomsoever cither " by virtue of any deed of sole," &c. In one portion of the land thus transferred, (the town- ship of Wilmot) the price for which it was to be sold per acre by the Corporation was llxed by the Govern- ment. Nordid the Council on receiving the lands given in ex- change, at alldoubt Iheirpowertosell, forin February, 1828, public notice was given by their authority, that they would either renew the leases or sell, as might appear expedient to them or tjthe lessees. And at their fourth meeting ill May, they fixed their minimum price at twenty shillings peracre, and directed theadvcrtizement of all their lands in the Home District for sale, and the announcement that those in the other Districts would be oifered for sale as soon as the neccssory arrangements could be completed. From thot time up to the present period this power has been exercised, nor until recently has any objection to it been ever advanced by any Member of the Council, although the highest legal authorities in the Provinco have been amongst its members, and thesulijeet has been more than once u topic of conversation during their sittings. The Committee are of opinion, then, that the objection of the Memorialist, founded on the omission of the words " to sell," or some such equivalent terms in the Charter, is not to be entertained as valid, inasmuch as it appears that the Lieutenant Governor, when rcconmiending the pre- sent grant as more desirable than the original appropri- ation, stated as its principal advantage, that it could be immediately sold ; that the Bishop of Toronto in his Re- port also contemplated the alienation of these lands j that the Secretary of State, after the Charter had been granted, authorized the exchange as recommended by the Lieute- nant Governor and Bishop ; that the Deed of Endowment expressly provides for the case of the lands being aliena • ted by sale ; that the lands appear to have been accepted under the impression that they might be sold ; and the Council proceeded forthwith, after the issue of the Deed of Endowment, to offer them for sale, and have continued since that period to pursue that mode of alienatiou as appeared to them expedient. (b) The applicability of the restraining Statutes of Elizabeth to the Institutions of the Province. In considering this argument, the Committee will not enter into the purely legal question, whether the Statutes referred to are or nrc not in force in the Province, under the authority of the Provincial Statute, whereby the Law of England was adopted in matters of civil right. Tliey will merely observe that the applicability of all Imparial Statutes cannot bo necessarily inferred from the existence of that Provincial Statute ; of this, however, they are certain that these Statutes of Eliza- betl have not been acted upon ; and they feel persuaded, that such restrictions are wholly unsuitable to the cir- cumtances of an Endowment, such as that of the Univer- sity, situated in a country where there is so great facility of obtaining the fee simple of land, — where rents are necessarily so low, — where leases are seldom taken, (ex- cept in particular localities,) unless with the prospect of purchasing, and where it is most desirable to give everjr encoura£enient to settlers to remiiin. A moment's consideration of the result which musi have followed inability to sell, will shew that such re- straint would havu been most highly injurious. F 9 Victoriiu. Appuadix (U. D.) A. 1840. n (D. D.) ih liI»T. f . The rental of the leased hmU when trnnsferred to the University, wn» cstiniiili-il nt nbout £1,000 jht annum. It appeiirs lii(,'hly improbable that even thiit sniiill ni- come eoul.l JiHve bwn colleeted ! and tW\A is strongly sup- ported by the fact of the present larp: aeeuninlution ot arrears of rent. In many co-sea also there was an enRBKement to renew, and of course until these renewals expired, the annual revenue must have remained very low. The greater part of the lands which were not leased would most probably have continued unoccupied to tho present day, for the applicants would eitlier have withdrawn their elainis on iindiiif; that they could not obtain the fee simple and seizure tliiMr nuprov.'ments, <.r, if they «Mi1>tcil a lease, would merely have used it lor tlic purpose of stripping the land of tii.iher ; Upper ( anada ColleRO could not have been built or supported ; tlui site of the University could not have hem purchased or im- proved, and the opening of the Institution must have been postponed to a perioor can they forbear adding that the visitors are the. proper au- thorities for deciding questions of this nature ; anil that according to the usnge or laws of every University with which tliey are acquainted, such subjects never have teen nor are referred to tho C!iaiici.Uor. In this University such a course is peculiarly objec- tionable, inasmucliasby the Cliartcr tlw! highest Ollicer is A member of the Council, and thus participates in the res- ponsibility for the acts of that body ; hence it has been the practice of the Council to submit a copyot the iMiil- iites of each nu eting for tho iiil'ormaliou of His Excel- lency, when hi; haj net been picjjiit. But tho Memorialist founds a collateral proof "of the <• intention of the Government that no pe on of the « Estate should bo alienated," on the fact th , the Uuiver- gity was uutliorized " to aike from the proceeds of Umd.s ^' sold to the CiHiada Company X1,000 per annum, which " latter .sui.i for sixteen years was intended for the eree- " tion of I'.ie rc(iuisite buildings." The Memorialist .seems to forget that if the grant of that annual puyment be evidence of the intention of the Uovernim.'nt, that no portion of the Estate sliould be alienated, the withholding of it after little more than a fourth of the period for which it was pronii.^ud is eciually conclusive of their opinion that tho further sum riicpiired for Buildings should be taken from the Uiiiver.sity funds; nor can it be believed that it would have been expected by any one who had the least acqiuiinfance with the state of the Endowment, that the annual income derivable from the rents wouhl have been suiKeient at oaee for the current expenses ot the Institution, and for the erectioa of tho necessary Buildings. ■■)■■ A; p<.iinsi.lcr,iblc portion of the Estate as a permanent En.low- meiit has been morc^ than once brought forward. The majority of the Council, however, never de.lareil their eoneunence in this until April, 1814, when a recom- mendation of the Land and Huilding Committees to the ell'.Mt, "that 1(K>,000 acres should be reserved as the per- "petual Endowment of tho University," was carried. The Ciiminittee are of opinion that the words of the Memorialist, "whenever the Council has considered " the subjeet on its being I'ormally brought under their " notice, thi' alienation of the Estate by sale has invariably "been stopped," do not give a correct view of the action of the Council or their motives on the occasions to which reference is made. In .July, 1839, tho Ke.solution passed by the Council on the subject was in these words, " that until a new " valuation of the lamls belonging to the University be " made, no more applications to lease or purchase be " entertained." In December, 1839, the President "suggested the " proiiriety of the Council taking into consideration, " whether some limitation should not be placed to the " alienation by sale of the University Lands,"— but thu subject was deferred. In January, 1840, the subject was again noticed, and again deferred. In February, 1840, « the Lord Bishop of Toronto mo- " ved that 100,(K)0 acres of land be retained as the perma- "nent Endowment of King's College, and 25,()0;) acres of " land be retained as the permanent Endowment of Upper " Canada College ; the said lands to be placed under " lease of 21 years, and that at the expiration of each lease, " the same be renewed with such rise of rent as may be " dutermined by Arbitrators." After some discussion thin motion was withdrawn, and the following motion wa» substituted, and was assented to by the Council ; " that " beforeconcluding upon the proprietyof permanently re- " tainiii" any considerable part of the estates belonging to " the University and Upper Canada College, tho Council "are deirous of obtaining correct information on tho " value of the lands held, and of the returns stipulated "for, and actually received under leases already grant- "ed, which inlbrniation it is understood is in course o! " be'iii" obtained ; in the meantime all further grants of " leases or sales of land to be suspeiuled." The rea.son ot the withdrawal of this motion, although not recorded on the Minutes, was the decided objection expressed by the Chancellor, who was then present, to keeping a lauded Endowment. The next occasion on which the Committee find that the subjeet is notieeil on the Jliiiutes, was in January, 1841, when tlie consideration of api>lications to purchase to the extent of 5,400 acres was deferied, "the Council " propcsing at their next meeting to take into eonsidera- "tion whether it may nut be advi.-able to adopt some new " regulations on the subject of alienating the College " property." The Memorialist also advances in confirmation of his views, " that whenever the Council has considered the ■"subject (.■ifiV. alienation,) on its being formally brought " under their notice, the alienation of the Estate by sale "has invariably been stopped, but the custom appears to " have again continually crept in, apparently when nicm- " bers were off their guard, and sometimes when there " was not oven a quorum of the Council present." In March, 1842, the Report of the Finance Commit- tee was presented, in which the principle of alienation by sale is recommended, even to the extent ot a 1 the lancU then leased. This Report was adopted by the Council. T'le Committee are not aware of any further action on or notice of the subjeet by the Council, until April, 1B44, the particulara of which have abready been given. 9 V^iclor'ur. A|)|)on(lix (D. D.) A. 1840). I (I). P. , /v nil Mrtv. ) 'I'lii' f.'i)iiimill('c ciinniit iIUcovit any (froundit fur tlio ii|.iliiuri r.\|ir(K.i rl hv llic .Mciiioiialiir.'llml " tlic custom "^ •■ ii|>|ii'ain Id liiivc cniil ill ii|i|iiiri'iillv' wliiii tlir iiiciiiliii-ii " HiTc (ilV llicir (.'iiunl," iiiir is ili'irr miytljiii'j wliicli llicy I'lin linil, tci jii lilv tlic n»<(iii„ii ||„rt llir imi-'Iciiii (;li'|)t in " wl Ilhic wild not even ii (/(/»;/(«i iil' tlio " ('(iiiiicil [iiiwiil." I.uiiiIh have liccii miIiI uinlcr micli (ili-ciim,-liiiiic«, iindoiil.li illv, fur |i,,Hcr wiw (.'ivcn (in or- iliT to('X|M(liti' anil t'licililHli; liiiniiii'Ns) ii|iiilic'ii(i(iiis ol' inliiKlin;; |iiiicli;mi's i lint, llic |inii'licc (,l',«clliii;f, when (.iniiiicil, lias never lieeii nj- •iiiiii'il but iiiiiler tiie uiilliorily ol' tliw C'ouiail. 'I'lic ('■iiiiiiiiflee are alrtii iiiiaMe to dl.-eover l!ii> antlic- rity on wliicli |lii. .Meuicirialist lias .staled that, • iluriii;.' " tlif adniini^traliiin of Sir C'liarles l!ii;,'ul, IS 12, the " eiiNlirin of sellinjr seems In liave lieen almost aliandun- " cdi" for it appears from (lie lliir-ar'.s leliiriis lor IHj,:, Ihat llie nmiilier of iieres sold in tlic' _\ear 18 1'.', exceeds the iivi ra;;e of tli(' seventeen years diirini,' wliieh the Institntioii has existed. Thi; aveni;.'e yearly sale of tli(3 lands of the I'riiver-ily lias lieen alioiit 7,'J()() aeres, whilst the ainoiiiit .sold in 181'J, is ".oOl. In lad, it wa.s diiri'ifi this adniini.stration, in iHlli, that the C'ouneil (idoiiled the principle (as developed in the K'epirt of the Finance (.'oiinnillee preseijled on March loth, of that yi^'ir) of borrowinrr from incoming.' capital for current expenses, niid piiyinf,' it hack with interest, mainly liy means of alienating,' all the l.a.seil lands. From that lime the necessity of .sellin;,' the Kslate was fully re<'o;r- iiizi'd iinil acted on ; and altliouffh some memhers were :ill de-irons of retainini: some of the leased leads, the priieliee .seems to havo been uniformly persevered in un- lil the beKinniiig of 1844, when n Committee was ftp- pointed to report on tliu state of the Endowment. In April of that year thej' submitted a recommendation to the t'ouneil on the subject, and tlio re.-ult of the discus- diiin thereon was the adojitioa of a, resolution to resume the sale of lands, The Memorialist further advances on this subject the following remark : " The Finance Committee made a " Keiiort, and the Council passed two Resolutions in Fe- " brunry and March, 184,!, yet, notwithstanding, these " facts, and although the Council had for a c(msiderable " time abandoned the idea of selling the Kn. mitllt for oominRn.ing iMmincud tlu-r.'in (includinR MimIhmiI uml cencral Library ami Snrpioiil in.lruni.M.I.) 'I'""''' '"';'■ rcquire.1 .in outlay of invrstc.l .•flpiliil nl nboni LXK) i for thoHO ol.jrcts I'mvc rcquinMl no nior.', n^ « ill ><• n|>l>«- rcnt on .l...'l..cti..p; from £(i,.VX) tiikrn fn.n. .Irb, „ nro, in SoptcM.bor, iJl.tKK) on i.ccmnt of tlw lorn.rr i r'.t in Morch,— JE^riWonnci-oiint of iiivcstni.nl in liiniliw1 the powers of th. Council, (in the expediency of which the Committee concur,)— a Statute limiting the amount to be aUenated, Cwhieh also is conformable to tlie wishes ol the CommittecO-ora Statute warranting each sale , and the sides have Iwen ellectid out of these " h'ased lots at a price in many instances scarcely ex- ' cding that which the College placed upon its wiW " lands." As the Committee oannot trace any eonncefeil argu- ment in this passage, they will merely observe that they have no reason to believe that the delay in submitting the information asked for by the Memorialist, has arisen from any otlu r causes than the ditlieulty of collecting accurate' details, and the constant pressure of business in the Biirsiir's Olllce re([uiring bis immediate attention. They ore wholly uniible to perceive the ccmnexicm which exists between that delav i» me addition to the lots oriL'irmlly leased I he C -lege Couneil ; although it is true that the Mem .t has sought that inlormation in 1 vain for nearly U\ .e mimths, yet it does not api«-ar in any way to follow from this, that to these leased lots ' (rcardin" which information has been sought) are to bu addled, «cc. As the statement that "by the Ueturns fiir- " nishod by the Bursar in 1843, the Corporation are left " in possession of only .54,780 acres out of 290,000 acres, mi"lit possibly bo misiinilerstood, it seems cxjieiiient to observe that even at the beginning of the present year the portion of the Endowment on lease and unoccupieU was more than half the whole amount granted. The J^femorialist is most probably correct in saving that " the sales have been efleeted out ol tlie leased lots " at a price in many instances scarcely exceeding that " which the College jilaeed on its wild lands. _ But it must be remembered that tlieminimuin price, as lixed by the Council, was iilaeed without reference to the existing value of the wild lands belonging to the Corporation, and that its obi.et was to secure the pcw proceeding being taken as to erecting the wing at pre- sent completed. The Committee will now proceed to the consideration of the second principal topic of the Memorial, scil. -the " use which it is ass.uted has been made of the capital pro- " ceeds to meet the current expenses." The chief if not the only argiiraent, advanced by the Memorialist on this subject, is derived from a comparison ofthestateoftheEndowmentinl843and 184.3, asexhibitcd by him in Appendix B. Ou the supposition innt tin .U-.a-..': as therein given by the Memorialist are correct, it is ifiilllili 9 Victoria?. Ap()cndix (D. D.) A. 1846. fD. J).) ••"7 *<"'"'*'' •''"' '■'■ '"'•^•■•■•'e* l» not w«rrantod. Tho ^ ' '' riimilt at wliicli Im arrivi-p iit flmt "tlin totol ilrcroniio of r— --^1 > ".•apiliil .iiiro lHi;i Ih XOL'0.5 7ii !((I i." lliit \m lorReU '■ lliiit during llmt pcridchMiiHidiTiililc ■mini hid ln'cn spiTit on (jlijcc:!)) ti) wliinti luipitiil in lc({iliiiml.l/ ii|i|iliiiil)lc. On coni|)iirin(; tlin iijwIh, im (livcri by llir lliir^iirin IHIL', with n Hiiniliir n'tiirn fur IS l.j, it ii|i|i«'iiiii tliiit lliirc iiii grciit iiicrcuKo in \Ui: lattir yinr |)IihIihimI liy tlin conipli'llon (if tlir liiiildhiK iind liy tlic |inivl' IHt'l and IHI t. 'i'o tnis alvi nnint \ir, aildrd £I(KM) paiil in the latter year on aiconnt of niatiriaU for tlio wi'tt win;r. Il appi'iirt ihnii that tliti allcjjcil dccrca^ii of vnpllal can Ix; taliifactoiiiy shown not to have lifi'ii caUHod hy expenditure ou enrient eliarges, but on legiti- mate ohjectii. Hut the Btntemeiit n» given hy the Afeniorialist in that tabular view is in Home respeels inueeiirali! ; in the liist place, the year lH4;i is throii({hoiit sulwtituted for 1811 or else IHl.'j for IHll. The two returnn of the IJur^ar, to which reference is made, extend nvpectivi^ly to De- cember ,')l»t, IHK) and IHll, and therefore give the Ktatc; of the Kndowmint at ihi^ liegiiming of 1811 and IHIo. Again, the amount of purchase ninney outstanding in 1HI3 should bu l"G8,;i8i), not £(J7,4'JI. For this inaccuracy, however, it is prohaMe that the Memo- rialist is not responsible, as the latter sum was erroneously given by the liursar himself when the re- turns were first submitted to the Council. The same excuse cannot, however, be made for thestatement of the Upper Canada Colle;:e arrears. In this item it is stated by the Memorialist that the capital has been diminished by £2402, the differcneo between £6402, the nmouut of those arrears as given hy him in the colnmn for the Endowment in 184^, and £4000 the amount given in the column for the Kndowment in 184.5. That the Memo- rialist is inaccurate in both these accounts, a reference to the Uursar'a returns, from which he professes to derive his information, will shew that he has not correctly rc- ? resented that Ollicer's statements relative to this item, n the returns lurnishcd to the Land Committee, the fol- lowing ia tliuliuraar's statement : Arrears of Upper Canada College. — At the end of 1842, these amounted to £G402 Os. 4d. They have been di- minished since; probably as much more will bo coUe ted as will produce, per annum, £100. The Memorialist had therefore no authority from the returns for stating that the arrears of Upper Canada College were, at the period to which ho refers, £G402. In the returns furnished to tho Chancellor and House of Assembly in 1845, these arrears arc stated to be £580.') 7s. 3d., both by the Collector of the College and the IJursnr. Tho latter ind-ed, in the estimate of the assets, has made the following entry : " College dues in « arrear £5805 7s. 3d.— say X40(K)." But it is evident that the assertion of the Memorialist, that under this head there has been in one year a dimun..inn of capital to the amount of £2402 is wholly unauthorized by the returns from which he appear to derive his informa- tion. In some of tho observations also offered by the Me- morialist on dillerent items, the Committee regret to perceive evidence of want of due consideration. The Memorialist observes in reference to the Rent Boll, th«t " it remains the same in both years, although " I'rom the returns it appears that tho leased lands are di- " rainished to the extent of G710 acres," as if ho thought that these two facts were incompatible. If he had re- collected that in the rents there is a septennial augmen- tation, and that every year rents are entering on their ■econd or third periods, he would have been at no loss to under-tarnl how it might be that although the nuiubur of leased lots was dimluiahed yet the rental remained UQcbanged. Tho CommittPO rnnnot understand why the Memo- Hali/it xhould have used the term J/int llnll n* npplieuble to this head. It eerlaiidy is tiot used in the Itursnr'g returns, nor is it the proper term for the item as given in Ihi'se returns. Tl'e liursar does not give an c»tinwitvd Itent Iloll, hut esliioates tho receipts for rents; thu UenI Itoll proliahly niueh exceeds tho estimate, but it ia not likely that the rc-eipts will. Tho ohservatiim of le Memorialist on tho oulslanding purchase money "no edit has been aiiparently given " for the piiceedsof huids h(j1i1 in !H 14, contains an un- warantahh) insiiniatinn against the Uursar, whose inte- grity and accuracy the Committee have no reason to doubt. If tint Memorialist hail made proper inrpiiry re- garding the subject, previously to hinting his suspiiiont, ho would have found that the amount of purchi.se n.oney re.'eiveil in that year was about the same as tho a I'junl of the proceeds of land sold, and therefore the ai;iii;mt of purchase money oiilstanding must remain about thu liame in 1843 and 1844. But, however, although tho Memorialist hag failed to prove that the capital has been applied to the payment of current expenses, it is highly important to inrpiiro whether it is the fact that there has been such an appli- cation of the capital. It is plain, that strictly spctik- ing, the sums received hy transmuting tho Kiulowmenl into money shouhl bo regarded as capital ; whilst thu rents and interest on instalments due form the annLul iticome.^ This capital is to b,v employed in two ways, either in purchasing profitab. ■ nvcstmenfs, or in buy- ing the stock necessary for com; acting ihe business of tho establishment, i. e. grounds, builuiiigs and outfit. It is also evident that tho annual income consisting of rents and interest on instalments due, may bo legitimately expended on current expenses. Tho Committee subjoin some tabular views, from which, they conceive, it wJl be apparent that not only has the capital not been op- plied to pay current expenses, but that a considerable sum has been taken from the nnnmil income, and applied to purposes to which capital is legitimately applicable j for the capital at present in existence in money, securi- ties and stock, is much greater than the amount of capital actually received for tho sale of lands during the exis- tence of the Institution. But it may be said, although tho capital has not been encroached upon in any improper way during tho past seventeen years, yet the present annual income is inade- quate to bear the present charges on it. Tho Bursar's estimate of income contains ten sources: 1. — The interest on investments in Debentures and Bank Stock. 2. — Tho interest and rents from invstmonts in Mort- gages nnd productive Estates. 3. — The rents for lands under Lease. 4. — The accruing interest on tho purchase money out- standing of Lands sold. 5- — The interest on arrears due for interest on Pur- chase Money. 6. — The same on arrears due for Rents. 7. — The ilies for Students in the University. 8. — 'riic dues for Scholars in Upper Canada College. 9- — I'be interest on arrears due to Upper Canada College. 10. — The annual Grant made by the Legislature to Upper Canada College. Of these the sources of income which may be regarded as certain, are Nos. 1, 2, 7, 8, and probably 10. Noa. 3, 4, 5, 6, and 9, may bo regarded as uncertain. The advantages of this classification of tho sources of income will be apparent when it is remembered that whatever the annual receipts may be the aunual charges must be met. The estimate of the annual income for No. 2 is pro- bably not too high ; but there is, however, some uncer- tainty such as is almost necessarily incidental to the rental of leased property in this country, and indeed this uueerluinly is oiiu of tile strongest arguments which can be advanced against retaining the present landed Endow- ment. Appendix (D. U.) < • , nti Utj. Ap[ riii • D Victoriuc. ApiKMulix (D. D.) A. 1846. (6. D.) 7lh U»/. ' (6. D.) t — * — ' 7d> War Willi rpRiirJ to Noi. 4, fl, fl, »nd 9, the nuraar rIvm tho culiimili! I't' wlmt Im romldiTs tiif.y Im) at iirvaent upciit ill uiiliiiiPiitidii ul' llii:ir fuliiri! iM)Iltrlii)ii. Hut llie Coiiiiiiitli'i) do ni)t coiiiiidfr it iiccfiwiiry to vn-^ tiT into tli(^ discu-'nioii id' tlui miMirix'y nr liuii'iMiniiy of tliii I'stiiimli", i>« it iiiiiM'nrii to lliriii mKiucntioimlili! tliiit for Koiiio ■^vM* it iniiy Ixi oociisiimiiHy iific^-iiiy lo pay tlio aiiiiuiil I'XpiiwcH IVom nonic. olliir noiiri'i' limn llic mere arimml iiiTODio oolkeled Iroiii llii'so toiircin ri'guid- «d as enpiliil- Tliiit wiw tlin opinion of lliii Finiinco Cotnmitlou in 1842, mid it wiis on iliu mipponilion o( tlio nvvvnalty of thin that Ihuir Ucpolt wim Imned. Tlio fuUowinn exinict from tliiit IJi-porl will liiifflcicnlly exjduin tlio opinion of llio C'cniiinillii' and of iIim Ccjimcil : " In tlio iicpoiint ciirri'iil, £ 1,0ply a portion of their surplus to the purchase of wild hiiwls at the Government prices, in localities where improvement is expected. Before concluding this Report, the Committee feel it to bo due to themselves to notice an observation of the Memorialist on " the Sub-Committee to whom is entrust • " ed the sale of College Lands." " They ari'," he states, "gentlemen inexperienced and wholly unaeipiainted with " the value of lands in tho (muntry, and consequently in no " respect qualified to fulfilsatisfactorily the important duty "required of them." Although the Sub-Committee readily admit that they have not had the same kind of experience in land trans- actions as the Memorialist has had, and have no desire to compare their reputation in matters of this nature with his, yet they do not believe that the interests of the Institution have sufl'ered from their management of the affairs '.vhich the Council entrusted to their care; nor can they omit remarking that the Memorialist was himself more than once asked to act as a member of that Sub- Committee. Ho t'etlined, it ia true, on the ground that nil M*/ Ajipcndlt hn did not wUh to be » party to the alienation of tho / [), D,^ Kjilalu of till) University by nale, but yet (it app«ari 'o tho Commitlee) h« niighl, without any eumpramlM of bin opiniiin on ihin nubji'ct, have kImu hi* nimiittanrc in valuing tlic binds Indonging lo Up|M>r Ciiiiiida l', wliirli, there is iio question, were lonvcyoil lulkeCorpu- ration fur the purpose of iH'iiiK mdd. This eoiirsi^ certainly would have brrn iiiori! becom- ing than llrst lo rifiise the uits. 'i'hey also eoiieiive that it would liavi) been more judicious for him to have deferred any slrie- liires on the course pursued by the foriiier and prewnt nianugers of the Institution in their deiiri' to promote it* siK ie,-s, until he hail himself given smiie more convincing detiioii>tiatioii, than any which he has yet inanifesled, of the zeal and ability witli w hieli he prosecutes its welfare. Neither eun they lliiiik that charges implying negligence and iniu'curai'y, come wilh a gisxl grace from an indivi- dual who has himself exhibited both in the very ihieu- meiil in which he prefers those charges, and whose cliur- ncteristics as a Mieinber ublic, but they will express llieir conviction, that such a course is most highly injurious to the Institution, and that no eslablishment, especially an University, can be well conducted if the ( Ulicers will not be satisllcd to yield their opinion to that of the majority. Hut if the resistance (d' the minority should \k: able, as in the pre- sent case, to impede the operations or stop that course which the rest of the Governing IJody consider to be neces.sary for the prosperity of tho establishment, it appears to the Committee that not merely llie reality but the very scmblanco of government is destroyed, and that anarchy and ruin must bo the result. There are come other topics incidentally noticed in the Memorial, which the Committee thinli open to animad- version, but as they arc not immediately connected with the principal subjects, lliey dee-i it advisable to forbear noticing them at present, particularly as the number o' those on which they have considered it necessary to offer remarks, has been so great j they will therefore eubmii. the following suggestions: 1. That tlie sale of lands .shall be resumed and con- tinued until all the present Kndowment shall huv.; been disposed of, except aueh lots us may be advantageously kept under lease. 2. That the collected proceeds of such sales shall bo funded in three ways: 1. Debentures ; 2. rrolilabtu estates; 3. Wild Lands in favorable localities. 3. That the collection of the arrears of interest and of rent shall be more strictly enforced ; a sullicient timo being fixed within wliiili all must be paid. 4. That the Bursar shall submit with his usual quar- terly returns, a balance sheet, shewing the receipts and expeniliture on account of Capital and Income distinctly separated. For Capital he .shall take as receipts the proceeds collected of lands sold ; and, as disbiirseuients, ull payments for investment for buildings, for outlit, and such other expenditures as are usually borne by Capital. For Income he shall take as rei'eipis all rents, interest, dues and fees collected, grnnts niiule, and nils- cellaneous items not before mentioned ; ami as ilisburse- menls, the expense of management, and the salaries ami contingencies of the University and College If it should happen that one of these services requires aid from the funds of the other, such circiimslanco shall be particularly noticed, and the service so borrowing shall be debited with the loan, and charged with interett tJiereon. (Signed,) JOHN McCAUI., King's College, Chairmao. 28tli May, 1845. 9 Victoriic. Appendix (D. I).) A. 1H16. At Api>«nnlly((nntnili with ImrinrmiMitt, H. K WliiK kUlrrmla for H. W. Winft I)r»in, Anmninli'iil 'rtiPktri' and Flllln|(>,. Cha|vl, ll»ll, Mbmry, Apparului, MuMuni, aiHl HUirk In guowkl, 10 Otbtnrc,., AMOUNT. t 1. (L IMtll.1 17 « l(l,«UII A »l I.INNI (1 aiM n a»i 1« 11 7,IM 17 U ■■■■--— — .12,(1.11 IR 10 S8,in3 a au,(iA lu It tpiwtn fVom tho iboTO, Ihkt thu Capital rocaired oxctmU the Capital ip*nt bjr . 10 1« Ilunts • Uakrios and all other cumnt expontea, 11* [iuf* and feet, Balance, , , , , >9,2t)l a7,,ifi.i 7 13 !t X X se,820 19 7 66,836 19 7 It Bpp<'Brii flrom the above, that tho Incflmfl received excei^Js the Income ipont bj XS7,8<9 13a. t|d. It romalni then (o M^ount for the two baUnoej, Capital £y',\M 3 Incoim 37,S63 13 SJ. Xes,748 14 S}. No. 3.— UPPER CANADA COLLEGE. Tabulah view of the Rcccipt.s and Expenditure from the year 1829 to January 1845. BECEirrs. AMO ■JKT. EXl'ENDITURa AMOUNT. £ 1.1,009 10,4.10 1,233 2,620 394 34,82.'. a 7 4 9 1 A. 9 8 11 lOj nuildin^sand Gronndfi, X 18,948 70,573 1,739 a. 3 19 4 d. 3 ProceeUii of saloa of land cnllcctod, i» X Ilents, .'>2,nii 38,609 fi 19 £ 91,281 6 *i 91,381 i *i It appears from the above, that the Expenditure exceeda the KeceipU by £38,669 ISn. which amoont waa supplied /rom the fcnda of the Uuivorsity. No. 4.— UPPER CANADA COLLEGE. Tabttlau view of tlic application of the surplus Capital and Income of the University. IV'bontures, MortgS(»r9, Cash, &c I!..iildin;j2 andQrourd*. Uj^™".* f^nnada College. Sttiarioa^and current expenses of Upper Canada tJoUege X £ 47,078 18,948 19,721 8!,748 14 d. 3 9 H 9 \ icloriae. Appi'iifiix (D. 1>.) A. IKW). ApMndif (D. D.) , — " — . Tik Uajr. (D. U.) Nil. .1.— (Mmrlatinii K'^ncrally of nil nioiiit'ii to lie, i'X|miii1i'iI, that i« to »ny, it urix" niiiii I'ortlio UiirHur'* Oftliv, nuriwn Fiimi lor liny otliDf iiM'iili'ntiil inp.'iHi' (tlie Liliniry lor (•xniii|ili>, ) iinil (vi|"' Corlicar cxpriMNlng oiiiniotn upon thcHi- ipii'ntloii*, j I'dpoi-iiilly upon llic lUrtt ol' tlu'ni, Im-ciumc ihov iiri' »''ii"j- i lilo tliut iilllioiijfli it in ii any doiibtl'iil legal quenlloii that mav present itself, the more rexular ••oiirse would » n t,i (»• to lake ll.e opinion of CouiimI and to abide hy that opinion, having it to the Vinilor* to Interfere in their discretion when thev Unve revoii 'o think that anything wrong liiw I " 'lone, or ii|H>n an appllealion from ""ne' party entlth'il to h-ik to tli'iii I'lr rcdri'M. ilavinit offeml the«' explanation* of their •♦inliini'nH tiiHiii a siibj'''t which hax Imcii litth canvasned In thi» country, aiid offenil ihiin rather with a view of tlieii Iwing ' isid.'red in connexion with any reference which it may be propiwil to make to tln'in lonMilter, than hy way 'if urging oiiji'ilioiw on this oreasioii which iiiiKht create embarrassment, the Visitors priH'ced to slalf •■ Istly. That in fli'ir opinion it is compcten' to tli'' {'olleg'e Council to sell or alienate the land* which foiin the Kndowmciit, in order to raise funds for carrying on the prii|"'r husii>