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M 4 #1 » I I. «>*♦" ^ s •■( 7o7 THE LEGISLATION AND HISTORY OF SEPARATE SCHOOLS IN UPPER CANADA: FROM 1841, UNTIL THE CLOSE OF THE REVEREND DOCTOR RYERSON'S ADMINIS- TRATION OF THE EDUC \T10N DEPARTMENT OF ONTARIO IN 1876 : Including variocs Private Papers and Doodments on the Sobjecjt. BY J. GEORGE HODGINS, m.a., ll.d., f.rg.s., Barribtbr-ai-Law, bmbarian k>v tub bllucation dbpartment for ontario, and hditor of thb " docrulmtarv history ok bducation in uppbr canada, 1791-1876." The School Law of Ujiper Canada lecogiiizes Individual Rights ; deals with each Individual for himself, and does not ignore, or proscribe, him from the Public Schools, and all the privi- leges connected \vith them, except at his own request.— {7?ei;. J>r. Ryerion to the Hon. John A. Macdonatd, i'nd of April, 1855. Page S9.) U must be aclinowledged that a combined Secular, with Separate Religious Instruction, is the only safe, just, and defensible system of National Education. —(i?ev. Dr. Eyerton to the Ooveriwr-Geneml, Sir Kdvmnd Head, January, 1S58. Page ISl.) TORONTO: PRINTED BY WILLIAM BRIGGS, WESLEY BUILDINGS. 1897. \t>l THE LEGISLATION AND HISTORY OF SEPARATE SCHOOLS IN J UPPER CANADA: FROM 1841, UNTIL THE CLOSE OF THE REVEREND DOCTOR RYERSON'S ADMINIS- TRATION OF THE EDUCAiiCy DEPARTMENT OF ONTARIO IN 1876 : Includino various Private Papers and Documents on the Subject. BY J. GEORGE HODGINS, m.a., ll.d., f.r.g.s., Barristrr-atLaw, mbkarian of tiik education dbpartmbnt for ontario, and editor op ti1r " docl'mgntarr history of education in upper canada, 1791-1876." The School Law of Upper Canada recot^nizes Individual Rights ; deals with each Individua for himself, and does not ignore, or proscribe, him from the Public Schools, and all the privi- leges connected with them, except at his own request. — (Rev. Dr. Ryetson to the Hon. John A. Macdonald, tnd of April, 1S53. Page 89.) It must be acknowledged that a combined Secular, with Separate Religions Instruction, is the only safe, just, and defensible system of National Education.— (/fcv. Dr. Ryergon to the Gooernw-Oeneral, Sir Edmuiul Head, January, 1S58. Page 131.) TORONTO : PRINTED BY WILLIAM BRIGGS, WESLEY BUILDINGS. 1897. •i ■- ' J •> > Entered according to Act o( the Parliament of Canada, in the year one thousand eight hundred and ninety-seven, by John Grohqr Hodoins, at the Depart- ment of Agriculture. PREFATORY REMARKS. In the outline of " The Story of My Life," prepared by the Rev. Dr. Ryerson, during his later years, he briefly summed up what he had been able to accomplish, as Head of the Education Department for Upper Canada, during his incum- bency from 1844 to 1876. He then added these words: — "I leave to Dr. J. George Hodgins, my devoted Friend of over forty years, and my able Colleague for over thirty of these years, the duty of filling up the dettiils of our united labours in founding a System of Education for my native Province, which is spoken of in terms of strong commendation, not only within, but by people outside of, the Dominion." Feeling that an almost filial duty was thus devolved upon me, I prepared a Prospectus, in 1884, of such a Volume as I then projected, including a sketch of the " Legislation and History of Separate Schools in LTpper Canada," which I now publish, intending, at some future time, to carry out further the wishes of my revered Friend. In that Prospectus I said : — Not only did Dr. Ryerson entrust me with the whole of his private correspondence with Public Men and Ministers of State on educational matters, but I have also had a voluminous correspondence, from time to time, with him myself, when he was absent, on several important subjects connected with our School System. These, with various private memo- randa and other information, will be available for the Volume. I then thought, (as I expressed it,) that such a personal record would likely be of more interest to the next generation than it would be to the then present one, — especially as so many storms and personal conflicts had marked the era of Dr. Ryerson's administration, — creating, at the time, much undue prejudice, which might still linger in the memories of men, and IV Prefatory Remarks. exert an unduf influence on the minds of many. Time, and a. calm review of what has heen accomplished, notwithstJinding the ai^ 59 — til>^ 63- 71 * U^ 73 "^ 75- 81 - «./ 85 / 85/ ^Ta'^O CONTENTS. Chapter XIII. XIV. The Tach^ Roman Catholic Separate School Bill of 1855 1. The Tache Separate School Act, as Amended 2. Passage of the Tach^ Separate School Bill, 1865 3. Sir Jolni Macdonald and the Tache Separate School Act, (Pope's Memoirs) . .... Private and Confidential Correspondence relating to the Pas- sage of the Tache Act of 1855 1. Hon. John A. Macdomvld to Dr. Ryerson . 2. .Telegram from Dr. Ryei'son to J. George Hodgins . n. Bishop Phelan to Hon. John A. Macdonald 4. Hon. John A. Macdonald to Dr. Ryerson . 5. Hon. John A. Macdonald to Dr. Ryerson . 6. J. Geoi-ge Hodgins to Dr. Ryei-son, (in England) 7. J. George Hodgins to Dr. Ryerson, (in England) 8. J. George Hodgins to Dr. Ryerson, (in England) Effect of the Charbonnel Separate School Controversy upon Lower Canadians — Nova Scotia .... Page , 92 t^ 99/^ 100 ^ 102 - 102 102 102 104 105 106 106 107 XV. XVI. Renewed Controversy -The Bowes' Separate School Bill, 1856 110 107 ^ 110 111 111 113 1. Letter from J. Geoi"ge Hodgins to Dr. Ryerson . 2. Letter from J. George Hodgins ttt Dr. Ryerson . 3. Dr. Ryerson on the Bowes' Separate School Bill XVII. The Bruyere-Pinsoneault-Dallas Controversy 1. Bishop de Charbonnel Selected Roman Catholic Li- brary Books . 2. Cardinal Wiseman Coasulted in London on Library Books, in 1851 ........ 3. Pamphlet Summaries of the Separate School Discus- sions, 1856-1858 Renewed Efforts to Promote Separate School Legislation, 1857-1860 Confidential Report to the Governor-General on the Separate School Question, in 1848 ...... 1. Letter from Dr. Ryerson to J. George Hodgins . 2. Letter from Hon. J/ Concluding Chapter. Expediences of Separate Education considered by Dr. Ryerson and Archbishop Ireland .... 200 170 171 172 // 174 177 179 180 182 183 184 185 187 189 192 - APPENDICES. 1. The Roman Catholic Separate School Acts of 1855 and 1863 An- alyzed and Compared, by Dr. Ryerson 206 2. Letter of Cardinal Satolli to the American Roman Catholic Bishops, in November, 1892, on the Canons of the Plenary Council of Baltimore •••...... 214 Consecutive Index of Subjects , , 220 Principal Personal References , , 221 / i /I ' / LEGISLATION AND HISTORY OF SEPARATE SCHOOLS IN UPPER CANADA. CHAPTER I. THE HISTORY OF SEPARATE SCHOOLS IN UPPER OANADA. / •' PRELIMINARY REMARKS. Most of the prominent actors on the stage of provincial poli- tics, or public affairs, of fifty-six years ago, when Separate Schools were first established in Upper Canada, have passed away. And yet the impress of their hands, in framing the legislative measures of those days, is felt and recognized in the outlines and main features of the school, municipal and fiscal laws of to-diiy. Up to that time, most of the statutes which were passed were, it is true, either temporary in their object, or more or less crude in their character. They have long since been repealed or have bee i greatly modified in their purpose and scope, especially those relating to Education. A brief reference, however, to the school laws and policy of these times may prove interesting. Up to 1841, only three enactments had passed the Legis- lature of Upper Canada, providing for the establishment of Primary Schools, viz., those of 1816, 1820 and 1824. Grants were made by the Legislature from time to time, but no specific enactments for the regulation, or management, of the Primary Schools were made by it, except those mentioned. What the state of education was, in Upper Canada previous t\. the school legislation of 1841, may be stated in a few words. 2 r* 10 U. C. Separate School Legislation. ^ In a petition of the United Presbytery of Upper ('anada, pre- sented to the House of Assembly in 1830, the signers say :— It is with deep regret that your Petitioners, (in their ministerial capacity, connected with a very large portion of His Majesty's subjects in this Province,) are compelled to sjvy that the state of education is, in general, in a deplorable condition. In 1831, a Resolution was introduced into the House of Assembly which further stated : — That there is in this Province a very general want of education ; that the insurticiency of the Common School Fund to 8upi)ort competent, respectable and well-educated Teachers, has degraded Common School teaching from a regular business to a mere matter of convenience to transient persons, or common idlers, who often stay but for one season, and leave the Schools vacant until they accommodate some other like per- son, whereby the minds of the youth of this Province are left without due cultivation, or, what is worse, frufjuently with vulgar, low-bred, vicious and intemperate examples before them in the persons of their monitors, (i.e., Teachers). In 1837, the Leirislative Council refused to concur in a Com- mon School Bill, passed by the House of Assembly, and gave as a reason for not doing so, that : — It could not pass the Bill, because it proposes to levy an assessment at the discretion of the Justices of the Peace, to the extent of l|d. [3 cents] in the £ [^4], to support Common Schools ; and as Acts have lately passed imposing rates on the inhabitants of several of the Districts, for the pur- pose of defraying the expense of building Gaols and Court-houses, and for the construction of macadamised roads, the Council fear that the proposed assessment for Common School Education might be found burthensome. Thus, because Gaols, Court-hoiises and Roads were considered more necessary and important than Schools, the last Act for the promotion of Education ever })assed by the U}»per Canada House of Assembly was rejected by the Legislative Council ! Such was the untoward state of affjiirs when the Legislative Union of Upper and Lower Canad.i ook place in 1840. !) iJ ■ «im.» < 'I \ I Educational State of U. and L. Canada, 1841. 11 CHAPTER II. EDUCATIONAL STATE OF UPPER AND LOWER CANADA, 1841. DuiiiXG the first Session of the Parliament of United Canada, in 1841, a vigorous effort was made to induce the Government and Legislature of the day to provide, in the Common School Act, for the use of the Bible as a class, or text, book in the Schools of the Province. The Governor-General, Lord Sydenham, who so strongly recommended to the Legislature that " 12 U. C. Separate School Leoislation. Legislature that children ol' that Church shoukl be educated hy it, with tlie aid of Puhiic Grants and School Assessments. The other section of this opposing force contented itself with object- ing to the principle of the proposed Connnon School Bill, and desiring that the Bill " should not become law until the opinion of the Roman Catholic, imd that of other Religious Denomina- tions, be known." This twofold question, thus raised in the first Legislature of United Canada, was felt at the time to present an almost un- surmountable difficulty in dealing with School legislation. Its being raised there, when the establishment of a general and comprehensive system of elementary education was determined upon by the Govermnent.. need not liave been a matter of surprise. It was inevitable, considering the past educational history of each of the Provinces, now united under one Gov- ernment and Legislature. The Hon. Mr. Day, Solicitor-General, in introducing his Common School Bill, stated that were it not for— A few institutions, supported by private benevolence, and maintained by the exertions of a class of men to whom he, (Mr. Day,) could not pay too high a tribute of praise — he alluded to the Roman Catholic clergy — no means for public instruction existed (in Lower Canada). In other words, the onl^'' education which existed in Lower Canada was provided by the Roman Catholic clergy. It was natural, therefore, that the petition of the Roman Catholic Bishops to the Legislature should desire that no educational measure should pass " until the opinion of the Roman Catholic and other Religious Denominations be known." In the case of Upper Canada, it was generally known at the time, that the Bible was in use in the Schools of the Province, generally, chiefly with a view to verses from it being learned off, or memorized, by tlie pupils attending the Schools. From the very first, public sentiment in Upper Canada was strongly in favour of public education being " based on Chris- tian principles," as it was expressed, more or less distinctly, in the successive Charters of King's, Victoria and Queen's Colleges. This was the special plea of those who, more than fifty years il 4 t > if Educational State of U. and L. Canada, 1841. 13 a<^o, advocated the secularization of the Clergy Reserves to purely educational purposes. Some even favoured the diver- Hum of iliis " Church Property" to educational pui'poses, on the ground that the education, which it would promote, would bo HO entirely " based upon Christian principles," that the so-called " secularization ' would be the means — by reason of the wide diffusion of the Clergy Reserve moneys — " of promoting the Christian education of the whole people." The fii"st Legislative enactment on behalf of Common Schools, in Upper Canada was passed in 181(), nine years after Gram- mar Schools were established. There was no direct provision in that Act for giving religious instruction in the schools ; the practice then being for pupils to learn verses from the Bible as already intimated. But, the Trustees were directed to " examine into the moral character and capacity of any person willing to become a Teacher " ; but this liad reference only to moral conduct, and not to his religious opinion. Experience, however, showed that something in the shape of religious instruction was desirable, and that it should be " dis- seminated among the people." In 1824, therefore, a Common School Act was pas.sed, the preamble of which stated that, — It would greatly advance the happiness of society to disseminate moral and religious instruction among the people. The Act, therefore, declared that : — For the benefit of all classes of His Majesty's subjects, and for the encouragement of Sunday Schools, and for affording the means of moral and religious instruction in the more indigent and remote settlements in the several Districts of this Province, there shaU be annually paid the sum of One Hundred and Fifty pounds (£150), to be laid out and expended for the purchasing of books and tracts, designed to afford moral and religious instruction, to be distributed among the several Boards of Education throughout the Province. . . . ) 14 U. C. Separate School Legislation. CHAPTER III. EDUCATIONAL PROCEEDINGS OF THE CANADIAN LEGISLATURE OF 1841. In 1840, the Provinces of Upper and Lower Canada were by Act of the Imperial Parliament, (3rd and 4th Victoria, Chapter 35,) united under one Government and Legislature. On the 20th of July, 1841, the Hon. Solicitor-General Day introduced a Bill into the House of Assembly, " to make provision for the Establishment and Maintenance of Common Schools through- out the Province." This School Bill of 1841 was introc^iced into a mixed Legislative Body, composed of Members from both sections of the Province, elected to act together for the first time, in a matter on which the Representatives from each section held very diverse views, and, in the main, very ill- defined ones on " religious education." The result may easily be imagined. A dead-lock ensued ; and this dead-lock was only ended by the Government entirely abrogating its func- tions, as defined by itself at the beginning of the Session, and submitting its own measure — carefully prepared, as Mr. Day, its framer, had explained — to a mixed general Committee of the House, not chosen geographically, or fairly, in proportion to the Members representing each section of the Province, but at haphazard, and by giving Lower Canada about two-thirds of the Members of the Committee, and Upper Canada a little over one third. The number on the Committee, therefore, stood as follows : Lower Canada, fifteen, and Upper Canada, eight ; or twenty-three in all. The result of such a proceeding may have been easily antici- pated by the more thoughtful men in the Legislature ; but, if so, it could scarcely then have been provided for by them. No Committee under strong pressure from without, as this one was, i :l.-^vi Separate Schooi Legislation, U. C, 1841. 15 could have given that judicious and careful consideration to the subject, which was necessary in dealing with so difficult and delicate a matter as this was. The time was too short ; and the immediate object to be gained was too general and undefined to enable the Committee to lay down, at once, a safe and practical rule by which Separate Schools could be established. As it was, it recommended to the House that any rumber of persons, of either faith, by merely dissenting " from the regulations, arrangements and proceedings of the Com- mon School Commissioners," could establish a Separate School I The practical need of such a School, on conscientious grounds, was not to be the motive, or grounds, of action on the part of dissentients, but simply that if they objected to the official School Regulations, they could express their dissent, and then be free to establish a rival school, and claim funds to support it, — not according to the number of children in attendance at that school, but according to the number of the residents who had expressed their dissent from the official School Regu- lations, or from the " arrangements " and " proceedings " of the- Township School Commi.ssioners. It is a matter of fact, that up to 1841, no Religious Body, or other persons, mooted, much less advocated, the question of the necessity, or desirability, of Separate Schools, as part of a gene- ral system of education. Their establishment was, as I have shown, due to peculiar circumstances, and as the i-esult of a dead-lock in the Legislature, and of an effort, in consequence thereof, at compromise and conciliation, under strong pres- sure from various opposing influences. The.se influences, as- pointed out, were brought to bear on the Government, and compelled it to abrogate its functions ; and these influences were also brought to bear, with ill eftects, on the mixed Legislature of the ii.owly united Provinces of Upper and Lower Canada, and its Special School Committee. It was this introduction, in 1841, of the principle of Separate Schools which gave rise to that prolonged and bitter contro- versy, and which produced that unhappy discord which prevailed 16 U. C. SEPARA.TE School Legislation. during the earlier period of Dr. Ryerson's administration, — especially from 1850 to 1863. A far more troublesome and difficult question to deal with was the apathy on the part of some, and the persistent opposi- tion, on the part of others, to a National System cf Education, projected, as it was, on the comprehensive lines laid down by Dr. Ryerson, in his elaborate and illustrative preliminary Report of 1845-46. These two passive, and yet opposing, forces were sure to give way in time, which they did ; but the purely denominational, or sectarian, questions, as they were characterized, remained, to be a source of irritation for many years. And this feeling was greatly increased by the persistent effiarts made by the opponents of Separate Schools to hold Dr. Ryerson personally responsible for the very introduction, and afterwards, for the extension, of the principle of Separate Schools in Upper Can- ada; whereas his desire was to deal with this difficult and delicate question rather as an incident, or adjunct, to a provin- cial system of education, (and that solely with reference to the conscientious convictions of individuals,) and not as affecting a religious community, as a unit, or as a Church. He thus sought to settle the question on sound principles and, as he believed, on a safe and prudential basis. In reply to a Letter, which I addressed to the late Sir Francis Hincks, (who was a Member of the first Parliament of United Canada,) asking him why it was that the Government referred the School Bill to a tjeneral Committee of the House of Assem- bly, he wrote as follows, under date of Montreal, 15th August, 1884:— The School Bill was, as you state, introduced into the Legislature by the Hon. C. D. Day, Solicitor-General, (late Hon. Mr. Justice Day,) without any clause in it relating to Separate Schools. Petitions were pre- sented to the House, praying that the Bible should bo made a class-book in the Schools ; and I imagine that the Government, to get rid of the responsibility of dealing with a very difficult (juestion, proposed and carried a reference of the Bill and the petitions to a Select Committee of all parties in the House. That Committee was about twenty-one (23) in number. . . I think that Dissentient Schools in Lower Canada, [and Separate Schools in \ Separate School Legislation, U. C, 1841. 17 Upper Canada,] were provided fur in the same way ; although, of course, the Separata Schools would have been generally Roman Catholic in Up[)er Canada and Protestant in Lower Canada. The Bill was [iassed, as reported from the Select Committee, on which all parties were represented.* F. HiNX'KS. Montreal, loth of August, 1884. The appointment of this Select, or Mixed General, Committee to deal, at its pleasure, with a Goverment measure, was clearly a violation of the principle advocated by the Government Mem- bers of the House in the early ^. j,rt of the Session. For in- stance, a motion was made by the Hon. George MofFatt on the 8th of June, 1841, to appoint a number of Standing Commit- tees, among them one on " Education and Schools." This, the Attorney -General and Solicitor-General, resisted, on the gi'ound that it was the duty of the Government — To originate all important measures of public utility. And these gentlemen asked, how the Government could — Obtain the confidence of the House if those measures were to be taken out of their hands, and bi-ought before the House in tlie shajjc and detail essentially different from that in which the Government desired to bring them forward ? Mr. William H. Menitt explained what had been the former practice in the Upper Canada House of Assembly, and stated that in that House — They had been in the habit of appointing C S ' Hi : n 24 U. C. Separate School Legislation, provided, with reference Ui other C<3inmon Schools, and to receive from the District Treasurer their due pl-ojjortion, according to their number, of the moneys appropriated by Law tnO rained by assessment for the supfiort of Common Schools, in the School District, or Districts, in which the said Inhabibints reside, in the same manner as if the Conunon Schools, ho to be established and maintained under such Trustee, or Trustees, where estab- lished and maintained under the said Conunon School Commissioners, such moneys to be paid by the District Treasurer, upon the Warrant of the said Trustee, or Trustees. •ii XVT. Be it enacted, That it shall be lawful for the Governor of this Province to appoint, from time to time, in each of the Cities and Towns Corp(jrate therein, not less than six, nor more than fourteen i)ersons, (one- half of whom sliuU, in all cases, be Roman Catholics, and the other ha'f Protestants, ) to ))e a Board of Examiners for each City, or Town, Corporate ; of which said Board the Mayor shall be Chairman, but shall have no vote other than a casting vote ; and the said Board shall be divided into two Departments, one of which shall consist of Roman Catholics, and shall exercise the duties hereinafter assigned to the Board of Examiners in and over the Common Schools attended by Roman Catholic Children only, and shall, in such case, appoint their Chairman ; and the other Department shall cfmsist oi Protestants, who shall exercise their said duties in and over the Common Schools attended by the Protestant Children only, and shall, in such cases, appoint their Chairman ; — and, in all cases, in which the said Common Schools are attended by Roman Catholic Children and Protestant Children togetlier, the said duties shall be exercised in and over the same by the whole Board of Examiners ; and the duties of the said Board, and of the said Departments hert^jf, in the several cases ab(ne mentioned, in and for the said Cities and Towns Corporate, resjjectively, shall be to examine the persons recommended as Teachers by the corporation, and reject them, if unqualified, on the ground of character or ability ; and to regulate for each School se2)arately the course of study to be followed in such School, and the books to be used therein, and to establish general rules for the conduct of the Schools, and comnuniicate them in writing to the respective Teachers. . . . The same Act provided that no person should be appointed a Teacher, unless he were a British subject, and had been duly examined. An exception to this provision was made in Sec- tion four of the Act, in favour of " pei'sons known as les Freres de la Doctrine Chretienne." Separate School Legislation, U. C, 1843. 25 (CHAPTER VI. SEPiVRATE SCHOOL LEGISLATION AFFECTING UPPER CANADA ALONE, 184.'i. It was soon found that the general Education Law, framed in 1841 for the whole Province, wan not acceptable to Upper Canada, or suitable to its needs, or condition. Nothing, how- ever, was done in regard to education during the Legislative Session of 1842. But, in the next Session, the Hon. Francis Hincks, having, since 1841, become a Member of the Govern- ment as Inspector General, introduced a Common School Bill into the Legislature of 1843.* In that Bill, no part of the Separate School legislation of 1841 was included — it being considered at the time objectionable in principle, and unjust and unwise in its financial detail. The strongest objection which was felt at the time to the law of 1841, so far as it related to Separate Schools, was to the element of discord in neighbourhoods which it authorized and sanctioned, by the general permission which it gave to those, who might express dissent to the official Regulations prescribed for the government of the Common Schools, to withdraw their children from the School, and set up a rival one in the same place. The law also provided tliat if even the Regulations were unobjectionable, dissent might be expressed to the " arrangements " or even to the " pnxieedings " of the School Commissioners, and then the right would arise to the dissentients ; and they would, under the law, be justified in setting up a rival School, with the same right as the local School to sliare in the School moneys, " according to their number," {i.e., of dissentients.) * The School Law of 1.841 was also found to be un8uiteasis of the Upper Canadian system — their books having been adopted and their methods of instruction l)eing about to be introduced in the Provincial Normal School. That sy.stem is Christian, but not sectarian ; secures individual riglit and denominational privileges, and is founded on revealed truth. The Gein'ral Lesson,* hung uj* in every School of the Irish National Board, and carefully inculcated ui)on the pupils, is recommended for universal adoption in lT|)per Canada. — (Special Report on the Measures irhieh hare been adopted for the estalilislnnent of (t Normal School, and for carrying into effect ijeneraUii the Common Scliool Act, 'J Vict. ch. .Kx. B\i the Chief Sni)erinte)i,dent of Schools ; Montreal, ISIfl, pages CO, 01.) * This General Lesson is practically the substance of the Golden Rule. 111! Bishops Stuachan, Macdonell, axd Power. 33 III. BISHOP MACDONELL* As to Bishop Macdonell, his proceedings in regard to Schools are detailed pretty fully in the examination of the Reverend Dr. O'Grady, Parish Priest at York, by the \V. L. Mackenzie's Grievance Committee, in 1835, and also in the evidence of other Witnesses. This evidence goes to show that the British Govern- ment authorized a grant to be made to Bishop Macdonell for Mission and Educational purposes, of One Thousand pounds (£1,000) sterling a year. Four Teachers were brought out by him from Scotland, viz. : Messrs. Hammond, Murdoch McDonald and McPherson. Colonel Alexander Chisholm, M.P.P. for Glen- garry, in his evidence before the Grievance Connnittee, stated * The Right Reverend Bi.shop Macdonell was born in July, 1762, near Lw'h Ness, Inverness-shire, Scotland. He was educated at the Scottish Colleges, tir.st at Paris and afterwards at Valladolid, where he was ordained in 1787. In 1794, Mr. Macdonell conceivjd the idea of forming some Scotch Roman Catho- lic operatives, out of work, into a Regiment. This was done with \he King's sanction, and he became Chaplain to the Glengarry Fencible Regimetit, first in Guernsey, and then in Ireland. In 1802, the Regiment was disbanded ; and in March of that year, Mr. Macdonell obtained the Sign Manual for a grant of land for every Officer anu soldier of the Regiment whom he couhl introduie into Upper Canada. On his own arrival, he was appointed to the Mission of St. Raphael, Glengarry, On the I2tli of January, 1819, he was nominated Bishop of Rha?sina, and Vicar Apostolic of Upper Canada, and was con.secratcd as such in Quebec on the SIst of December, 1820. On the 27th of January, 1826, he was appointed Bishop of Regiopolis, or Kingston. On his return from England, he resided in York, at the corner of Nelson (Jarvis) and Duchess Streets. In 1836, he removed to Kingston. In 1839, he went to England. On a visit to Ireland, he took cold from exposure of rain, and also in Scotland, where he died on the 14th of January, 1840. His remains were, in 1861, removed to Kingston, and buried there. Mr. 1). A. O'SuUivan, Q.C., LL.D., in his "Essays on the (Roman Catiiolic) Cliurch in Canada," speakitig of Bishop Macdonell, says: — "He was a martial figure in the history of (tiiat) Church in this country, and had many difficulties to encounter. He had been Chaplain in Ireland during the trouble of '98 ; . . .he was missionarv in Canao day (pages LJl, 13.'). Arciil)ishop Cleary, in a letter to the Toronto Catholir Hiijisfo; of October 7tli, 1894, says tiiat Bishop Mat'donell "raised two regiments of Scotch Fciuibles from am(jngst his own people, and led them for waid and cheered them on by his ])rcsence ami bravery in several battles witli tlie enemy in Eastern Ontario. This," the Archbisluip says, "profoundly touclied the hearts of tiie statesmen in the Foreign Office in Loiulon, and in tiie Governor-General's Citadel in Quebec ; so much so, that in token of high appreciation, he received from the King a ])ension for life, winch was after- wards doubled, and then <|uadruple(l, and made hereditary in perpetuity to his successors in office after he had become Bishop of Kingston." 34 U. C. Separate School Legislation. that three of these Teachers taught Roman Catliolic Schools in CJlengarry, and one a Connnon School. The Bishop himself, in a letter to the Reverend Dr. O'Grady, dated Deceml>er 1st, 1«30, stated that: . After receiving the Prince Regent's thanks for my own conduct in defence of tlie Province during the bite war, (1812,) the Colonial Minister, VmvI Bathurst, increased my own salary, and sent orders to the Executive (Tovernment of Upper Canada to pay so much — in the aggregate One Thou- sand pounds (£1,000) -annually to a certain number of Clergymen and Teachers, that 1 was to reconnnend. A Letter from Sir John Colborne, about the same time, in- formed the Bishop that one-fourth of this grant was to be expended in paying the salaries of Teachers. bishops macdonell and power. As to Bishop Macdonoll's proceedings in educational matters, the late lamented Reverend M. Stafford, Parish Priest at Lind- say, in a private Letter to me, written in May, 18.S5, said: — There are Letters in manuscript hy Bisho[) Macdonell — first Roman Catholic Bishop in I'pper Canada — which yon will find very interesthig. . , . He imported Teachers from Scotland, . . . and wrote strongly to the Government against allowing Teachers from the I'nited States into this country, and advocated the training of native Canadians for Teachers. i> In this matter of training Teachers for Canada, and in Canada, Bishops Macdonell and Power were (juite agreed. See the Circular on the subject to District Councils, in a note on page 22, ante. The exclusion of Teachers from the United States, as suggested by Bishop Macdonell, was jirovided for in the Connnon School Acts of 1841 and 1843. I have referred to these matters relating to Bishops Mac- donell and Power the more fully, from the fact that, in the Separate School discussions of later years, it was frequently asserted that these Representatives of the Roman Catholic C'lnirch in Upper Canada had, during this period, and always, demanded Separate Schools as a right. This was not so ; for, as a matter of fact, the desire for " protection from insult," and the claim for individual right of conscience in the Schools, Blshops Strachan, Macdonell, and Power. 35 were the only pleas put forth by them from 1841 to 1851, and then, only in special cases recjuiring such protection, or inter- vention. This will be apparent, not only from the proceedings of Bishops Macdonell and Power, but also from the moderate language ol the only two petitions from Bishops sent in to the ■ House of Assembly in 1841, and (juoted on pages 13 and 14- The single petition sent from Representatives of the Roman Catholic Church, addressed to the House of Assembly, in 1850, only asked that such a measure be granted as to enable Roman Catholics to establish Separate Schools in Upper Canada, but without specifying details. BISHOP CHARBONNEL AND HIS CHANGED AITITUDE IN 1852.* Such, as a matter of history, was the attitude of the acknow- ledged Representatives of the Roman Catholic Church in Upper Canada towards the Public Schools down to 1851-52. Even Bishop Charbonnel, who, in addition to his hierarchical rank, was a French nobleman, (Count de Charbonnel,) gave abundant evidence that, if left free to exercise his own judgment, he would have continued to act in harmony witii Dr. Ryer.son, as a Member of the Council of Public Instruction, Of this, as an Officer of the Council, I felt assured, from my knowledge of the Bishop, and from the nature of my intercour.se with him. He was an accomplished gentleman, and was always most agree- * The following .sketch of Bishop Cliarbonnel is taken from the Mail news- paper of the 2()th of March, 1891:— "The Right Reverend Annaml Francis Marie Charbonnel was born in 1802, in Monistrol, Department of Haiite-Loire, France. His uncle was the celebrated Cardinal (charbonnel, of Puy. His mother was a daughter of the Manjuis d'Agrain, the Hrst President of the Parliament of Dijon during the Revolutitmary period. In 1819 lie entered the Seminary of St. Sulpice, and was ordained as Priest in 182o. He commenced active work in tiie Church at Lyons, and was such a faitliful worker that he had frequent offers of promotion, all of which, for a long time, he refused. He was a born soldier, as well as a devout son of the Roman Catholic Church ; and, in 1834, he received the Cirand Cross of the Legion of Honour from Louis Philippe, for services rendered to the Orleans dynasty during an attempted rising in Lyons. The Queen of France and the Church Dignitaries again urged promotion, but he declined these proffered honours, and came to Canada in 1839. He luid not been long in Canada ere honours were again pres.sed on him, and, it is said, tiie Governor-General, Lord Sydenham, was anxious for iiis promotion. He, however, declined tiie offers, and in 1847 he worked night and day among the Irish emigrants, wlio were being decimated by the typhoid out- 36 U. C. Separate School Legislatiox. able and courteous in his manners. His sudden change of demeanour towards Dr. Ryersou was a matter "of surprise and regret to the Members of the Council, as it was wliolly unex- pected. He may have felt wounded at being, in some respects, ])Iaced in a false position by his opponents in the press, and by Dr. Ryerson's keen criticism on his unnecessarily misunder- standing of what he attacked ; for Dr. Ryerson felt both sur- prised and hurt at the changed attitude of his former courteous friend, the Bishop. He, no doubt, felt it due to the Chief Superintendent of Education to account for the change in their official relations ; and this he did, in a Letter addressed to Dr. Ryerson, dated the 1st of May, 18o2, and in his Letter to the Hon S. B. Harrison, Chairman of the Council of Public Instruc- tion, dated the 2Gth of the same month. There was, never- theless, in both of these Letters, a latent spirit of resentment, which may have influenced him in expressing himself in the almost dictatorial and dogmatic spirit, in which these Letters were written — a spirit which, I am sure, was as alien to his feelings, as they were to his nature. In his Letter to Dr. Ryerson, of the 1st of May, 1852, he said : — "All my previous intercour,se with you and the Council of Public Instruction has been polite and Christian, and sometimes tolerant to an extent that I have been required to justify." /' » break. He was seized with the disease, and it was only by his removal to the healthy area that his life was saved. On his partial recoverj' he proceeded to France, and was present in Paris in 1848, during the terrible days of the barricades. His brother was killed in the fight at the Faubourg St. Antoine barricade. He was invited to enter the French Parliament, in succession to his brother, as representative for Upper Loire, but he declined the honour. As soon as his health was (juite restored Pope Pius IX. urged him to take the Bishopric of Toronto. He accepted the honour, and the Pope conducted the consecration in person. In 1859 the late Archbishop Lynch was appointed Coadjutor BisJiop of the Diocese, and in 1860 Bishop Charbonnel resigned his charge, returned to France, and entered the Order of Capuchins, Province of Lyons, in which he continued till the time of his death, 25th of March, 1891. He was made titular Bishop of Sosopolis in 1869, Archbishop of the same place in 1881. Diu'ing the time he was in charge of the Toronto Diocese he introduced the Christian Brothers, and the Sisters of St. Joseph to Ontario. He founded tlie House of Providence and other charitable institutions, and completed St. Michael's Cathedral." Controversy with Bishop Charbonnel, 1852. ST CHAPTER VIII. THE CONTROVERSY WITH BISHOP CHARBONNEL, 1852. In his Letter of 1st May, 1852, Bishop Charbonnel quoted the- Canons of the Roman Catholic Council of Baltimore, "sanc- tioned," as he stated, " by the Supreme Head of our Church, one and universal." The Canons quoted by the Bishop were as follows : — Council Prov. Bait. I., Canon XXXIV. — Wherean very many youth of Catholic i)arents, esj)ecially among the poor, have been and still are, in many parts of this Province, exposed to great danger of losing their faith, and having their morals corrujjted, from the want of proper teachei's, to whom so important a trust can be sjifely confided ; we judge it indis- pensably necessary to establish schools, in which youth may be nurtured in the principles of faith and morals, while they are instructed in literature. Canon XXXV. — Since not unfrequently many things are found in the books which are generally used in the Schools, in which the principles of our faith are impugned, our dogmas falsely expounded, and history itself perverted : on account of which the minds of the yS, paije 103.) t In the year 1845 I went to Dublin to master the details of the Irish Education Office system of Administration and Management. While there, I frequently met Archbishop Murray, who was one of the Counnissioners of National Education, (as was Archbishop Whately). He was a most apostolic looking man, gentle, kind and courteous. I also accompanied Dr. Ryerson on his visit, while in Dublin, to Archbishop ^^'hately — the very opposite, in appearance and manner, to Arclibishop Murray. He was, indeed, very courteous ; and, as Dr. Ryerson wished to introduce as nnich of the Irish National School System as was suitable into our Upper Canada School arrange- ments, he received many useful hints, as well as several very excellent sugges- tions, from the Archbishop. During my daily visits to the Education Depart- ment in Dublin, I formed a most agreeable acquaintance with the Right Hon. Alexander Macdonell— a relative of Bishop Macdonell, of Kingston. That this feeling was reciprocated by Mr. Macdonell, is shown by the following extract from Dr. Ryerson's Letter to me, dated, "Paris, August 23rd, 1855," in which he said : "Chief Justice Robinson, (with whom and Captain Lefroy we break- fasted in London,) told me that Mr. Macdonell, of the National Board in Dublin, mentioned you to him in very high terms." I also formed a pleasant friendship witli Dr. Robert Sullivan, (Principal of the Dublin Normal School,) with the Professors and Masters, viz. — Rev. Mr. McGaidey, Mr. John Rintoul and Mr. T. U. Young— the latter a sonin-law of Wilderspin, ami an active promoter of the system of that noted man. I also met many other distinguished men at the time, — Commissioners of Education, and others. In a letter, addressed l>y Dr. Ryerson to the Provincial Secretary, on the 22nd of July, 1857, he thus referred to this personal matter: "On my recom- CONTllOVERSY WITH BiSHOP ChAUBONNEL, 1852. 39 Canada a system which would be ecjually " acceptable " to them. He concluded his letter as follovv.s : — I have said tliat, if tlie Catechisin were sutticiontly taught in the family or )jy the Pastor, so rare in this large Diocese ; and if the Mixed Schools were exclusively for secular instruction, and without danger to our Catholics, in regard to Masters, Books and companions, the Catholic Hierarchy might toleiate it, as I have done in certain localities, after having made due en(|uiry. Otherwise, in default of these conditions, it is forbidden to our faithful to send their children to these Schools, on pain of the refusal of the Sacraments :* l)ecause the soul and heaven are above everything ; becauHe the foot, the hand, the eye, occasions of sin, ought to be sacrificed to Sfilvatiftn, ])ecause, tinally, .Jesus Christ has coiitided the missiim of instruc- tion, which has civilized the world, to no (,. n'dship's last Letter shows that the claims set up by your Lordship are not merely for "religious liberty and equal rights," but for the absolute supremacy and control on the part of your Bishops, with the Pope, in our System of Public Instruction. . . . But I doubt whetlier such efforts will meet with iiuicli sympathy from a large portion of the Members of the Roman Catholic Church, as I am persuaded they will not from the people <>f Upper Canada at large. I can ai)peal to the history of the pa.st in proof of my acting towards the Roman Catholic Cliurch in the same spirit as towards any otlier Church ; but I uuist be unfaithful to all my jjast precedents, as well as to the trust re{)osed in me, and the almost unanimous feeling of the Country, if I should not do all in my power to resist — come from wliat (piarter it may — every invasion of "the blessed principles of Religious Liberty and E(jual Riglits," among all classes of the people of Upper Canada. — {Letter to Bishop Charboimel, 12th of May, 1852.) In his Letter to the Hon. S. B. Harrison, Chairman of the Council of Public Instruction, dated the 26th of May, 18.52, the Bishop was even more explicit as to the official influence m Controversy with Bishop Charbonnel, 1852. 41 which had been brought to bear upon him, requiring him to answer for his Chri.stian and courteous liberality. He said : — "All my precedentH with you, tho Ilevurond Doctor, and the Council of Public InHtruction, hiive been jiolito and ChriHtian, and, sometiineH of a tolerance, I'or which my Church has made me responsible." Bishop Charbonnel had abundant evidence of the fairness and courtesy of Dr. Ryerson in his treatment of the supporters of Separate Schools. This he admitted in his Letter of the 27th of June, 1851, (juoted on page o4>, post. He even compli- mented Dr. Ryerson on his "sincere liberality." Nothing, therefore, could have been easier, (had he not been acting under adverse influences,) or more practical than to have con- tinued his own courteous and friendly conduct, and, from time to time, to have conferred with Dr. Ryerson, in that same friendly spirit, on the whole subject, before entering into an unpleasant correspondence with him; and, as was supposed, with the view of discharging an onerous duty, which the Balti- more Council, or other authority, had evidently imposed upon him as Bishop. By conferring personally with Dr. Ryerson he could have ascertained the exact conditions upon which the grants, and what grants, were available for Separate Schools, — the relation of these Schools to the Municipal Councils, and to the Public School System. He could also have ascertained what were the causes, if any, which operated against Separate Schools; what Text- Books were authorized, and various other details in regard to the practical working of our School System, which were evidently unknown to him. Such an enquiry would have shed a flood of light on the whole question for the Bishop, and would have greatly simplified his treatment of it, should he, after such enquiry, have felt it necessary to enter into official and even unfriendly correspondence on the subject. All this would have been very easy for him to have done, as, up to this time, the relations between the Bishop and the Chief Superin- tendent were most friendly, and most propitious for intercourse of such a nature. But, as the Bishop had been called upon by the authorities of his Church, as he stated, to "justify " his 4 if 42 U. C. Separate School Legislation. -A 1 .• /' hitherto " polite and Christian " intercourse with Dr. Ryerson, he, therefore, felt himself called upon, without any prelimi- nary enquiry, to enter upon a controversy, which was so much regretted, rendered doubly unpleasant from the fact that he frequently assumed that to be "law," and consequently "jus- tice," which was neither the one or the other, but often the reverse. This fact, and their superior local knowledge of the princi- ples of our School Law, added point to the criticisms of writers in the press on the Bishop's course, and greatly prolonged and intensified the discussion. It also bcought into the hostile field writers, on the Bishop's side, who lacked the literary skill, courtesy, and gentlemanly bearing of the Bishop. Besides, for want of the necessary practical information on the subject, their eflforts only tended unnecessarily to complicate the whole question, and, by added bitterness to the discussion, to render the satisfactory settlement of the question the more protracted and difficult. I make the foregoing remarks with sincere regret, for my personal intercourse with Bishop 'Charbonnel was always most pleasant. He even did me the unexpected favour of saying and -writing some very kind things' in regard to certain of my official proceedings, which he thought were both fair and cour- teous. He was a man of generous impulses, and, in the best and highest sense, an accomplished and enlightened man of the world. That Dr. Ryerson felt very keenly the changed attitude of Bishop Charbonnel, may be gathered from the following extract of his Letter, in reply to the Bishop, in May, 1852 : — Your Loidsliip refers to the friendly and cordial character of the inter- course which has taken place from time to time between your Loidahip and the other Members of the Council of Public Instruction, including myself. T can assure your Lordship that the feelings of respect and pleasure attending that intercourse could not have been greater on your part than on mine, and I, therefore, felt greatly surprised, pained and dis- appointed, when I read your Lordship's letter of the 24th of March last, denouncing that whole System of Public Instr :tion which I liad under- stood your Lordship to be a Colleague in promoting ; attacking the princi- Controversy with Bishop Charbonnel, 1852. 43 pies on which I have acted during the whole period of my official connection with that System ; impugning the motives of its founders, reflecting upon the chfiracter of the people of Upper Canada, and advocating that which would be subversive of their hithr,Tto acknowledged rights of local self- government. Toronto, 12th of May, 1852. E. Ryerson. The matter complained of by the Bishop chiefly arose, not by operation of the School Law itself, but apart from, and often outside of, that law altogether. Thus his complaint of the smallness of an apportionment to a Separate School was due to his want of knowledge, that it was caused, not so much by a non-observance, or violation, of the law ; but, in almost every case, from the smallness of the attendance of children at the School. The use also of Goldsmith's History of England was the voluntary act of the Separate School Tj'ustees them- selves, for the book was neither imposed upon, nor authorized as a Text-Book in, the Schools by any official authority what- ever. In reply to a demand that Municipal Councils should be required to provide Houses for Separate, as for Public Schools, and that they should not provide Houses for Public Schools, without also providing them 'for Separate Schools, Dr. Ryerson, in his Letter to Bishop Charbonnel, of March, 1852, said : — I have observed, with regret, that demands for exemptions and advan tages have recently been made on the part of some advocates of Separate Schools which had not been previously heard of during the whole ten years of the existence and operations of the pri. /isions of the law for Separate, as well as Mixed, schools. I cannot but regard such occurrences as ominous of evil. It is possible that the Legislati'i-j may accede to the demands of individuals praying, on grounds of conscience, for unrestricted liberty of teaching — exempting them from all school taxes, with a corre- sponding exclusion of their children from all Public Schools — leaving them perfectly free to establish their own Schools at their own expense ; but I am persuaded the People of Upper Canada will never sufler them- selves to be taxed, or the machinery of their Government to be employed, for the building and support of Denominational School-houses, any more than tor denominational places of worship and clergy. . . Toronto, 13th of March, 1852. E. Ryerson. I 44 U. C. Separate School Legislation. In further reply, to Bishop Charbonnel's Letter of the 24th of March, 1852, Dr. Ryerson said : — But if, according to your Lordship's advocacy, a Municipality must be compelled to tax themselves to provide Separate School -houses for Religious Persuasions, in addition to Public School-houses, there may be a high degree of "civil liberty" secured to certain Religious Persuasions, but a melancholy slavtuy imposed upon the Municipalities. The liberty of teaching, any more than the liberty of preaching, by any Religious Persuasion, has never been understood in Upper Canada to mean the right of compelling Municii)alities to provide {jlaces of teaching, any more than places of preaching, for such Religious Persuasion. Such liberty, or, rather, such desjiotic authority, possessed by» any Religious Persuasion, is the grave of the public Municipal liberties of Upper Canada. Toronto, 24th of April, 1852. E. Ryerson. Dr. Ryerson, in his Letter of reply to Bishop Charbonnel, of the 12th of May, 1852, also said: — The people and Legislature of Upjjer Canada have repeated ^v repudiated tlie claim, that the authority and Officers of the law ought to bt employed to impose and collect taxes for any Religious Denomination. E. R. CHAPTER IX. THE SEPARATE SCHOOL LEGISLATION OF 1846-1850. In the first draft of School Bill submitted to the Government by Dr. Ryerson, in 1846, he simply copied the provisions of the Act of 1843, relating to Separate Schools, as they stood in that Act. — (See page 45, pos/.) In 1847, he submitted a draft of Bill for the Establishment and Maintenance of Common Schools in Cities and in Towns corporate. In this Bill, he sought to modify the Separate School provisions of the former Acts, and to give them a less positive form. His explanation of this cho.nge is as follows : — "There is one provision in this Act, on which I desire to offer a few words of explanation, as its nature and oljjects have been misajiprehended. I refer to the power which it gives to the School authorities of each City Separate School Legislation, 1846-1850. 45 I and Town to establish Denominational or Mixed Schools, ah they may judge expedient. It has not, perhaps, occurred to those who have com- mented on this clause, that a similar provision, under a much more objectionable form, has been incorporated into each of the three Common School Acts for Upper Canada, which have been passed since the Union of the Provinces, in 1840.* It has been provided, in each of these Acts, that any ten householders of any School Section can demand a Separate School, and a portion of the School Fund to support it. I have never seen the necessity for such a provision, in connection with another section of the Common School Law (of 1843), which provides that "no child shall be compelled to read any religious book, or attend any religious exercise contrary to the wishes of his parents or guardians;" and, besides, the apparent inexpediences of this provision of the law, it has been seriously objected to as inequitable — permitting the Roman Catholic Persuasion to have a Denominational School, but not granting a single Protestant Persuasi(m the .same privilege. It has been maintained, that all Religious Persuasions should be placed u|)on equal footing "before the law;" that, although several Protestiint Persuasions may be agreed as to tlie translation of the Scriptures, which should be used, they are not all agreed as to the kind and extent of the religious instruction which should be given in a School — the very object contemplated in tlie establishment of a Separate School ; and, therefore, each Protestant Persuasion should be placed upon the same footing as the Roman Catholic Persuasion. This is the cise under the provisions of this City and Town School Act (of 1847), and, therefore, the authorities of no Religious Persuasion have opposed, or petitioned, against it, as some of them did against the previous School Act. But, the City and Town Common School Act does not give the power to any one Religious Persuasion, much less to any ten householders of it [as did the Acts of 1843 and 184H], to demand a Separate School : that power is taken from all Religious Persuasions alike, and given to the Public Scho(jl authorities, appointed by the elected representatives of each Town or City. — (Dr. Ryerson's Annual School Report of 1847, page S3.) The course of events, in regard to Separate School Legisla- tion, up to the end of 1850, is thus briefly narrated by Dr. Ryerson, in his Letter to the Hon. (ieorge Brown, dated tlie 28th of December, 1858, as follows: — . . . The provision fur Separate Scliools was made in the 55th and 6«)th sections of Mr. Hincks' School Act, 1843, and by re-enacting the same clauses in the 32nd and 33nl sectitms of the School Act of 1840. The draft of the last Act was prepared l)y myself, at the recpiest of the Government. . *i.e., in September, 1841 ; December, 1843, and May, 184(5. m il ./' 46 U. C. Separate School Legislation. In 1847, I Hubmitted the draft of the Act for the better organization of Schools in the Cities and Towns of Upper Canada. The provision for Separate Schools was made in the 3rd clause of the 6th section of that Act, as follows : — ' ' It shall be the duty of the Board of Trustees of each City and Town, Thirdly, to determine the number, sites and description of Schools which shall be established in each City or Town, and whether such Schools shall be Denominational or Mixed." This last phrase of the clause was omitted in the Act of 1850, the fonuer part of the clause fully comprehending it. EPISODE OF THE DISALLOWED SCHOOL BILL OF 1849. During these years, from 1846 to 1849, a persistent, but not very influential, agitation originated in the Bathurst District against the School Law and the Chief Superintendent of Education. It was taken up and championed by the Hon. Malcolm Cameron, who was originally fi'om that District, although, at the time, a Member of the Government, represent- ing the County of Kent. The result was, that a draft of School Bill, prepared by Dr. Ryerson, and sent to the Provincial Secretary on the 23rd of February, 1849, was entrusted by the Government to Mr. Cameron, — the Hon. Francis Hincks being abseiiu in England. Referring to this matter. Dr. Ryerson, in a Letter to me from Montreal, said : — As to the immediate objects of my coming, it is well tliat I did come. The Inspector-General, (Hon. F. Hincks,) expressed himself very glad that I liad come. ... I understand that the School Bill is wholly Mr. Malcolm Cameron's. ■• Montreal, 27th of April, 1849. E. Ryerson. In a Letter to the Hon. James Leslie, Provincial Secretary, Dr. Ryerson said : — I have been informed, upon authority which I cannot doubt, that the [Cameron] School Bill has been chiefly drafted by a person, who has, during tlie last three years, been writing in a District newspaper Jigainst myself, — a person who, as Chairman of the Education Conunittee of the Bathurst District Council, has put forth three Council documents reflecting upon myself, — the only Municipal Council documents of the kind which havfc appeared in Upper Canada. . . . Toronto, 12th of May, 1849. E. Ryer.son. Separate School Legislation, 1846-1850. 47 Further, in a Letter addressed to the Hon. Robert Baldwin, Attorney-General, in July, 1849, Dr. Ryerson said : — I am credibly informed that Mr. Cameron stated to a leading Member of the Opi)()sition, that he had adopted my suggestions in reference to the Bill, . . . [and yet] Mr. Cameron told the Rev. H. J. Grasett (Rcct«r of St. James", Toronto), that lie (Mr. Cameron) had not read my communicjition respecting it. Toronto, 14th of July, 1849. E. Ryeksox. In his Letter to the Provincial Secretary, already (juoted, the 12th of May, 1849, Dr. Ryerson adds : — I now submit to the Governor-Gereral in Council, that nearly every section of the Common School Bill, which is not contained in the pi'esent Act, or in the draft of School Bill which I submitted to the Government in February last, is obviously theoretical, cumbrous, intricate, expensive and inefficient. The whole of the proceedings, relating to the School Bill, took place in Montreal, at the time of the burning there of the Parliament House, on the occasion of the passage of the " Rebellion Losses Bill," which had produced a popular out- burst. After the excitement had subsided, it was found, on examination, that, not only had many objectionable features been introduced into the School Bills, as passed, but that also omissions of sections, relating to Separate Schools, had, with- out notice, been made. This naturally created a strong feeling of resentment on the part of the Roman Catholics ; and they naturally demanded that the injustice, thus done to them by the Government, would be remedied. In consequence of this state of feeling, Dr. Ryerson felt it to be desirable that the confidence thus lost should be restored. In a Letter to me, he thus stated what it was proposed to do in the matter : — I am happy to say that the (Malcolm Camert)n) School Bill of last Session is upset. The Members of the Government — even the Govenior- General— have pei-sonally examined into what I stjited in my Letter to Mr. Baldwin, of July last, and have come entirely into my views. Mr. Cameron is now out of office. . . . Mr. Ilincks said, that he concuiTed in every sentiment in my Letter '.o Mr. Bfildwin, and in regard to the whole matter. . . . The Government desire to bring in a new Bill, to be given into his hands, . . . when prepared. . . . Montreal, 29th of December, 1849. E. Ryerson. raf 48 U. C. Separate School Legislation. , ■ k- 5 The result was, that Dr. Ryerson was requested to prepare a new and comprehensive School Bill, which would embrace all of the best features of the preceding School Acts, and any improvements which time and experience had shown to be desirable and necessary. Nevertheless, the leading newspapers of the day unwisely justified this surreptitious proceeding, of Mr. Cameron, on the ground that the proposed remedy would be a new concession to the Roman Catholics ; and, on the appearance of the proposed School Bill of 1850, the Nine- teenth section of it was vigorously attacked. In reply to these attacks. Dr. Ryerson, in a letter to The Giote, newspaper of Toronto, replied as follows : — ' You say that when the present party, (Baldwin-Lafontaine Government,) came into jjower, (1848,) "the Common School System was free from sec- tarian elements, but they have introduced the wedge, which threatens to destroy the whole fabric." By tliese statements . . . you represent the provisions for Pro- testant and Rt)man Catholic Separate Schools, in certain cases, as of recent introduction, and peculiar to the present School Bill of 1850, when it is a fact that the same provision was introduced into the School Bill of 1841, and was also re-introduced by Mr. Hincks in his School Bill for Upper Canada of 1843. . . . The provision [of the Act oi 1843 was retained,] and in the same words in the School Bill, which the Hon. W. H. Draper introduced, and had passed, in 1846. The provision, therefore, which you represent as "fatal," has existed, [even in a more extended form,] from the beginning of the present School System, in 1841, — was formally introduced by the Reform Government, [in a modified form,] into the School Act of 1843, . . . was concui'red in by the same gentlemen, when they were in opposition ... at the time when it was brought forwai-d by the leading members of the Conservative party in 1846. Toronto, 27th of July, 1854. E. Ryerson. In continuing his narrative of the School Legislation of 1841-1847, Dr. Ryerson, in his Letter to the Hon. George Brown, of the 28th of December, 1858, said : — Such was the st^ite of the law in regard to Separate Schools, and my course in resjiect to it, when, in 1849, an Act was passed, under the auspices of the Hon. Malcolm Cameron, a Member of the Govei'nment, just after the burning of the Parliament House in Montreal, and a few h(iurs before the close of the Session ; an Act which I considered so ■' Separate School Legislation, 184G-1850. 49 objectionable tlmt I preferred resigning oflico to acting under it, and which I was authorized to set aside ; and, at the s;inie time, to prepare tlie draft of another Act to replace it — a draft which liecanie tlie School Act of 1850, containing the provisions of the School Acts of 1846 and 1847, with such modifications and additions as experience had suggested. . . . Tlie Act of 1849 contained no provision for Separate Schools ; it also abolished the provisions of the previous Act which authorized Clergymen to act as Visitors of Schools. . . . Mr. Baldwin and Mr. Hincks stjited that they had never examined the Bill of 1849 before it passed ; and it never came into operation. In tlie original draft of the li)th Section of the School Act of 1850, I proposed to place the authority for establishing Separate Schools upon tlie same footing as that on whi!h it had been placed in Cities and Towns by the Act of 1847 — namely, to leave it in the hands of the Township Council, as it had been left in the hands of the City or Town Board of Trustees. . . . INCIDENTS OF THE PASSING OF THE NINETEENTH, OR SEPARATE SCHOOL, SECTION OF THE ACT OF 1850. In continuation of his Letter to the Hon. George Brown, of December, 1858, Dr. Ryerson said — The authorities of the Roman Catholic Church, having had their sus- picions and fears excited by the unexpected and imnoticed omission of the Separate School clauses from the Act of 1849, had Representatives, both clerical and lay, in attendance, to watch the nature and progress of the School Bill of 1850, and they protested against the provisions of the 19th Section, as originally introduced. Sevei'al leaders of the high Episco- palian jjarty were also in attendance to get a clause, providing for Church of England Separate Schools, introduced into the Bill. An Amendment to the 19tli Section was concerted and .agreed upon by the clerical Roman Catliolic and high Episcopalian parties, by which any twelve Members of either Church could demand a Separate School in any School Section of Upper Canada. . . . The leaders on both sides of this new com- bination were very active, and, in the course of a few days, boasted that they would have a majority of fourteen or twenty votes against the Government, on the 19th Section of the Bill. A copy of the Amendment f>f the conibinationistB was procured for me, and I was informed of the probable defeat of the Government said, that they did not wish to oppose the Government of Messrs. Lafontaine and Baldwin, unless compelled to do so ; and they then advised all the Roman Catholic Members of the House to vote for the Government section of the Bill, as amended. When the ques- tion came uj) in Committee of the whole House, the leader of the high Church combination, who was not aware of the counter movement, rose to move the famous Amendment which was to defeat, if not oust, the Govern- ment ; but he was surprised to find that not one of the Roman Catholic Members rose to vote for it, and only six or eight Episcopalians standing up, "few and far between," in its behalf, to the great anuisement of the other Members of the House. On Mr. Hincks moving the Section, as amended, it was cai-ried without a division, and it constitutes the 19th Section of the Act of 1850. The 19th Section of the Common School Act, as introduced, and as passed, is as follows. The substituted words in the Section, as finally passed, are in italics : — ■i^ Original Draft of the 19th Section. (The words struck mit are in Italics.) "It shall be lavfnlfor the Muni- cipality of any Tvwnship, if it shall judge efcpedient, to authorize the establishment of (me or more Sepa- rate Schools for Protestsmts, Roman Catholics, or Coloured People, and in any case it shall prescribe the limits of the Divisions or ^Sections for such Schools, and shall make the same provision for the holding of the first meeting for the election of Trustees of each such Separate School, as is jtrovided in the fourth Section of this Act, for holding the first School meeting in a new Section : Provided always, that each such Separate School shall go into operation at the same time with alterations in School Sections, and shnll be under the same regulations xn respect to the persons for whom such School is " J< shall be the dut}j of the Muni- cipal Council of any Tounship, and of the Board of School Trustees of any City, Totvn, or Incorporated VilUuje, on the application, innn-iting, of twelve or more resident heads of families, to authorize the establishment of one or more Separate Schools for Protes- tants, Roman Catholics, or Coloured People ; and, in such case, it shall prescribe the limits of the Divisions or Sections for such Schools, and shall make the sar^e provision for the holding of the first meeting for the election of Trustees of each such Sepaiate School, or Schools, as is provided in the fourth Section of this Act, for holding the first School meeting in a new School Section : Provided always, that each such Separate School shall go into opera- tion at the sjime time with alterations in School Sections, and shall be under the same regulations in respect to Separate School Legislation, 1846-1850. 51 permitted to be established, as are Common Schools, generally : Pro- vided, secondly, that none but Col- oured People shall be allowed to vote for the election of the Trustees of the Separate School for their chil- dren, and none but the parties petitioning for the establishment of, or sending children to a Sepjirate Protestant or Roman Catholic School, shall vote at the election of Trustees t>f such School : Provided, thirdly, that each such Separate, Protestant or Roman Catholic School shall be entitled to share in the Sdwol Fund, accwding to the number of children of tJie religious class or persuasion attending such School, as compared with the tvhole number of children of School age in the Township; and the Separate School fm- children of Col- oured People sludl share in the School Fund, according to the number of such children of School age resident in such School Section for Coloured children, as compared with the whole number of children of School age resident in the Touynship: Provided, fourthly, that the Trustees of the Common School Sections, within the limits of which such Separate School Section, or Sec- tions, have been formed, shall not include the children attending such Separate School, or Schools, in their return of children of School age re- siding in their School Sections. the persons for whom such School is permitted to be established, as are Common Schools, generally : Pro- vided, secondly, that none but Col- oured People shall be allowed to vote for the election of Trustees of the Separate School for their children, and none but the parties petitioning for the establishment of, or sending cliildren to a Separate Protestant or Roman Catholic School, shall vote at the election of Trustees of such School : Provided, thirdly, that each such Separate Pnjtestjint, or Roman Catholic, or Coloured, School shall be entitled to share in the School Fund according to the average attendance of pupils attending each such Separate School (the mean attendance of pupils for both summer and rvinter being taken), oa compared with the whole average attendance of pupils attending the Common Schools in such Citij, Town, Village, or Township: Pro- vided, fourthly, that no Protestant Separate School shall be allowed t>i amj School Division, except when the Teacher of the Common School is a Roman Catholic, nor shall any Roman Catholic Separate School be allotted, except when the Teacher of the Com- mon School is a Protestant : Provided, fifthly, that the Trustees of the Com- mon School Sections, within the limits of which such Separate School Sec- tion, or Sections, shall have been formed, shall not include the children attending such Separate School or Schools in their return of children of School age residing in their School Sections." The 19th Section of the School amended, passed unanimously. Ac of 1850, as thus m' I -ii 52 U. C. Separate School Legislation. In a Circular to School Trustees, dated the 12th of August, 1850, Dr. Ryerson thus explains the nature and object of this 19th Section of the School Act of that year : — The provisiDn of the 19th Section, as fur as it relates to Sei)arate Pro- testant and Rf the parties concerned of rights which they have enjoyed under preceding School Acts for Upper Canada : Be it therefore enacted, etc., That each of the parties applying, according to the provisions of the said Nineteenth Section of said Act, sliall be entitled to have a Separate School in each Ward, or in two or more Wards united, as said party, or parties, shall judge expedient, in each City, or Town, in Upper Canada : Pn)vided always, that each such School shall be subject to all the obligations and entitled to all the advantages imposed and conferred upon Separate Schools by the said Nineteenth Section of the said Act. f ;;f| UNREST AND UNCERTAINTY — MR. W. L. MACKENZIE'S BILL, 1851. These two untoward circumstances — the unauthorized omis- sion of all provision for Separate Schools in Mr. Cameron's School Bill, of 1849, and the inability of the Trustees to establish more than one Separate School in the City of Toronto, as decided by the Court of Queen's Bench, in 1851, acted unfavourably upon the leaders of the Roman Catholic Church, and created a feeling of distrust and uncertainty on their part. What also kept this feeling of suspicion and unrest, on the part of the Roman Catholics authorities, alive, was the constant ertbrts of prominent members of the House of Assembly, from 1851 to 1856, to repeal the 19th Section of the School Act of 1850. Generally, these gentlemen con+^nted themselves with the introduction of a brief Bill, simply declaring that — "The Nineteenth Section of the School Act of 1850 shall be, and is hereby, repealed." Mr. W. L. Mackenzie, however, in his Bill of August, 1851,* * Mr. Mackenzie moved this Bill as an amendment to the Act given above. It was rejected by a vote of 26 to 5. 56 U. C. Separate School Legislation. ^ives his reasons for doing so, in the preamble. The extract from the preamble is interesting, from the fact, that it embodies the " popular " objection then urged against the existe,nce of Roman Catholic Separate Schools in Upper Canada and gives specific reasons for this objection. First, he declares — 1st. That the cstuhlishnient of Sectarian, or Separate, Schools . . is a dangerous interference wiih tlie Coninion Seliool System of Upper Canada, and, if iillowod . . . cannot i'ea8onal)ly be refused to . ()tlior Religious Denominations. 2nd. That if it is just that any number of Religious Sects should Iiave Sei)arate Common Schools, it is no ^ess reasonable that they should have Separate Grannuar Schools, (^ollogesand Professorships in the Universities. .■{rd. That it is unjust in the State to tax Protestants, in order to j)ro- vide for the instruction of children in Roman Catholic doctrines, or to tax Roman Catholics for the religious education of youth "in princii)le8 averse to the Church of Rome." 4th. That the early separation of children at School, on account of the creeds of their parents, or guardians, would rear nurseries of strife and dissension, and cause thousands to grow u\) in comparative ignorance, who might, vnider the Common School System, obtain the advantages of a moral, intellectual, literary and scientitic education. 5th. That the repeal of the Nineteenth Secticm of the Upper Canada School Act, passed in 1850, would discourage Sectarian education, and be productive of peace, harmony and good-will in Upper Canada. m THE SEPARATE SCHOOL QUESTION FROM 1841 TO 185L We thus See, that from 1849 there were two potent influences at work to excite fears, and to disturb the harmony and com- parative quiet which had prevailed in Upper Canada during the preceding six or eight years, on the subject of public education. Even on the part of Roman Catholics, there was little or no desire to agitate for the promotion, or extension, of Separate Schools during these years. This, Dr. Ryerson points out with evident satisfaction, in his second letter to Bishop Charbonnel, written in April, 1852, as follows: — The CoMuion School System ... of Upper Canada . . . has been in operation for ten years ; which was cordially a|)proved of and supported by the late lamented Jtoman Catiiolic Bisiiop Power ; which was never objected to, as far as I know, by a single Roman Catholic in Upper Separate School Legislation, 184(5-1850. 57 luenccH x\ coiu- puV)lic Ciiniulji, ilui'iny the life of Bishop Power, tlmt excellent Prehiteund pntriot, 1 . . . still jiilheie to my freiiuent umiimlitied expressions of ftdniirivtion at the opposite course pmsiietl l>y your honoureil lunl devoted Predecessor, Bishop Power ; . . . I uiiiy note the facts that . the only Bo'iian (\itliolic Member of the Legislative Assembly elected in Upper Canada, [Hon. J. Sandtield Macdonald,] has repeatedly declared himself opposed to the very principle of Separate Schools ; ann of the School Act, which permits tlie estal)Iishment. of Separate Schools, under any circumsbmces. The facts that, out of .■{,(MK) t'onnuon Schools, not so many as fifty Separate lloman Catholic Schools have ever existed or been applied for, in any one year, in all Cpper Canada, and that the number of suoli So|inrate Schools had gradually diminisiied i«t less than thirty, until within the last twelve months,* and that, during ten years, but one single complaint has l)een made to this Department of any inter- ference witii the religious faitli of Roman Catholic children ; and that not a Roman Catholic child in Cpper Canada is known to have been proselyted to Protestantism by means of our Public Schot>lH ;— these facts clearly show the general disinclination of Roman Catholics in Cpper Canada to isolate themselves from their fellow-citizens in School matters, any more than in other counnon interests of the Country, and the nnitually just. Christian and generous spirit in which the School, hh well as other counnon affairs of the Country, have been promoted l)y Goverimient, by Municijial Councils, and by the people at large, in their various School Sections. The exceptions to this j)ervading spirit of the people of Upper Canada, have been "few and far between;" and, in such cases, the provisiim of the School Law, permitting the establishment of So|»arate Schools in certnin circum- stances, has been made use of, and just about as often by a Protestant, as by a Roman Catholic, nunority in a School Municipality. But the pro- vision of the law for Separate Scliools was never asketl, or advocated, until since 1850, as a theory, but merely as a protection, in circumstances arising from the peculiar social state of neighi)ourhoods, or MuMici[talities. I always thought the introduction of any provision for Separate Schools, in a popidar System of Common Education like that of Upper Canada, was to be regretted and inexpedient ; l)ut finding such a iirovision in existence, and that parties concerned attaching great imi)ortance to it, I have advocateil its * The following Table sliows the iiinubm' of Protestant and (Ionian Catholic Separate Scliools reported, since 1847 : - Year 1847 . . . 41 Separate Schools of all kinds. It 1848 . . . 32 II .1 .1 I. 1849 ... 31 M I. .. „ 18f>0 . . . 46=21 Roman Catliolie and 25 Protestant. II 18ol . , , 20=10 Human Cathuliu uikI 4 Pruteutunt, i ! i I u 58 U. C. Separate School Legislation. continuance — leaving Separate Schools to die out, not by force of legislative enactment, Ijut under the influence of increasingly enliglitened and enlarged views of Christian relations, rights and duties, between different classes of the connnunity. I have, at all times, endeavoured to secure to parties desiring Separate Schools, all the facilities which the law provides — though, I believe, the legal provision for Separate Schools has been, and is, seriously injurious, rather than beneticial, to the Roman Catholic portion of the community, as I know very many intelligent Members of that Church believe, as well as myself. I have as heartily sought to respect the feelings and promote the interests of my Roman Catholic fellow-cidzens, as those of any other portion of the community ; and I shall continue to do so. . . Toronto, 24th of April, 1852. E. Ryerson. Such was the brief yet comprbhensive survey of the state of educational affairs in Upper Canada, when, as events proved, the untoward influences and proceedings to wliich I have referred (on pages 47 and 55), produced their effects, both on the popular leaders of the day, and on the authorities of the Roman Catholic Church in Upper Canada. From that time forward, each party " set its camp in hostile array." The policy of the leading newspapers of that time, and the aggressive, yet practically futile, efforts of Members of the Legislatiu-e, from 1851 to 1H56, to repeal the Separate School provisions of the Law, naturally excited, and kept alive, on the part of the Roman Catholic authorities, the suspicions and fears enter- tained by them, as mentioned by Dr. Ryerson. The result of all this unrest was the couunencement of an agitation and conflict, of more or less intensity, which lasted until the passage of the Roman Catholic Separate School " Finality Act," (as it was called,) in 18G3. Then, a season of comparative quiet and tran(|uility prevailed for a time ; and the " Finality Act," of 186.S, became the basis of the Legisla- tion in the British America Act of 186G, which secured to the Roman Catholics of Upper Canada the right to have Separate Schools under that New Constitution of the New Dominion. Separate School Contest from 1852 to 1855. 59 CHAPTER X. INCIDENTS OF THE SEPARATE SCHOOL CONTEST FROM 1852 TO 1855. I SHALL, in this Chapter, trace the progress of events which finally led to the adoption, by the Legislature, of the first complete Upper Canada Separate School Act of 1855, — the " Tach^ Act." Few, of the present day, can realize the extent and bitter- ness of the contest which ended, for a time, in the final passage of the Tachd Separate School Act. The brunt of the battle fell upon Dr. Ryerson. He was the bete fioir of the pro- moters of Separate School Legislation ; — and that, because, as guardian of the integrity of the Public School System of Upper Canada, he refused to assent to any measure which he conscientiously believed would militate against the success and prosperity of that System. He was, from his very position, as Chief Executive Officer of the Education Department, and as practically an arbiter between two opposing forces, the target at which both parties aimed their arrows. What added to his difficulty, in dealing with this somewhat intricate and delicate question, was the fact, that the Government of the day, — very wisely and properly, — referred all parties dealing with this question to him. Sir John Macdonald refus(;d, in his pleasant, courteous way, all consideration of details of Separate School Legislation, until the parties concernetl had first con- sulted the Chief Superintendent of Education in regard to them. If approved and recommended by him. Sir John was prepared to consider any question proposed to him on its merits. In this w^ay, parties, desiring modifications in the legislation aftecting Separate Schools, had to submit their proposals to the Chief Superintendent, witli whom they were sure to have them di.scussed with fairness, but also with a -I 60 U. C. Separate School Legislation. clearness of perception as to their effect and purpose, which might not always be apparent to those who proposed them.* Nevertheless, Dr. Ryerson, in thus discharging his duty, was exposed to a double fire ; — on the one side, from the champions of Separate Schools, who charged him as being personally hostile to their rights and interests ; and, on the other side, by open and covert attacks, as the betrayer of the cause which he was bound to defend, and as a tool in the hands of the Hierarchy, for the promotion of their alleged unpatriotic and selfish ends. Thus attacked. Dr. Ryerson was not slow in returning the fire of his opponents. He had to defend himself from the attacks of a powerful press, who reiterated the charge, over and over again, that he was untrue to the cause of unsectarian Education, and for making, (although he only carried out in the least objectionable form,) the concessions in favour of Separate Schools, which had their origin in the Hon. Mr. Day's Common School Act of 1841, and whicli were embodied, in a less objectionable form, in the Hon. Mr. Hincks' Act of l848.-f* There was another circumstance, already referred to, which tended still further i,o excite the hostility of the combatants on both sides against Dr. Ryerson, especially, when the studiously passive attitude of the Government prevented a successful attack being made upon it. And that was, as I have already observed, the practical and prudential policy of the Leaders of * The Hon. Senator R. W. Scott, the promoter of the Roman Catholic Separate School liills of 18(50, 18(51. 18(52 and 18(53, thus narrates his experience of Dr. Ryerson, in conferences with him on the subject of Separate Scliools :^ "It is duo to his, (Dr. Ryerson's, ) memory to say that, I found him always ready to meet the wishes of the minority,— that he exhibited no prejudice, or bigotry ; that, had larger concessicms been sought for, Dr. Ryerson would not have thrown any obsta(!le in the way." — (H(iii.t(ird Report of Hon. R. W. Sroff'i Speech in the Senate, on the 4tli of April, IS94-) t On this point, the Hon. R. W. Si ott, iji his speech, (already referred to,) saitl : — "There was a strong feeling pn vailing with (Roman) Catholics that he, (Dr. Ryerson,) was hostile to the (Separate School) Act. People believed that l.e was always decidedly against Separate Schools." . . . Speaking of the "appeal " Section in the Act of 1863, Mr. Scott said that, "it was simiJiy based on the idea that the Chief Suj)erintendent was not friendly to the Separate School System, which was a mistake, be(!auB0 he was sincerely canxious to do what was really fair to make the law workable."— (i^eec/t in the Senate, on tht 4th ofA]ir!l, 1S94.) Claim for Additional Grants. 61 the Government for tlie time being — Robert Baklvvin, Francis Hincks, John A. Macdonald, or John SandfielJ Macdonald — * to pass no School Bill, nor entertain any measure relating to elementary Education in Upper Canada, which h{i,d not been examined, modified and approved by the Chief Superintendent of Education. It can easily be understood that, under such circumstances, a great deal of correspondence and conferences, between pro- moters of Separate Schools — clerical and lay, chiefly the former — took place with Dr. Ryerson, during these educa- tionally stirring times. Having enjoyed the strong personal friendship and unbounded confidence of Dr. Ryerson, I was cognizant of all the proceedings, conferences, and correspond- ence which took place in this noted controversy. I was often present at his confidential conferences with various parties, — for he felt it to be desirable, although not always necessary, to have a third person present at these conferences. ii-j-v :\i']'*- :' r CHAPTER XI. CLAIM FOR ADDITIONAL GRANTS TO SEPARATE SCHOOLS. —PRESSURE ON THE GOVERNMENT IN 1862. In 1852, a claim for an increased appoi'tionment to Separate Schools was pressed upon the Government — as the apportion- ment on the basis of attendance at the Separate Schools did not supply sufficient funds for their support. In dealing with this demand, as raised by Bishop Charbonnel, Dr. Ryerson wrote to him, as follows : — , In regard to the alleged injustice done to Roman Catholics, in the distri- bution of School moneys, so fre(]uently asserted by Your Lordship, there is one circumstance which I may mention, in addition to the facts and reasons I have given, (in this Letter,) in reply to Your Lordsliip's state- ments and claims. The Board of School Trustees, in the City of Toronto, have caused a very careful incjuiry to be made into the census returns and ■/J G2 U. C. Separate School Legislation. tax rollc of the City, in order to ascertain the comparative amount of taxes paid by R^man Catholics and Protestants. The result of that inquiiy is, that while f)ne-f()urth of the entire ])opulation of the City is I'eturned as Roman Catholics, a fraction less than one-twelfth of the taxes is j)aid liy them.* ... It is, therefore, clear that no class of the population is so much benefited by the General School Taxes, in proportion to what they pay, as Roman Catholics ; and hence assuming — what the pe(jple and Legislature of U])per Canada have repeat idly repudiated — that the author- ity and Officers of Irfiw ought to be employed to impose and collect taxes for any Religious Denomination, the sums of School Money which would be payable, when apportioned u])on the basis of property, to Roman Catholic Separate Schools, would be much less than what the School Act now allows such Scho(jls, upon the basis of the attendance of pupils. Of all classes in the ct)mmnnity, the Roman Catholics have the strongest rea-son to lesire the System of Mixed Schools ; and every efiV)rt to urge them to apply for Separate Schools, so far as it succeeds, impf>ses upon them additional pecuniary burdens, at the same time that it must inflict upon them losses and disadvantages to which they are not now subject. Toronto, 12th of May, 1852. E. Ryeksox. Notwithstanding these facts, a strong pressure was brought to bear upon the Government of ohe day, demanding that additional aid should be provided for the Roman Catholic Separate Schools. This demand was communicated to Dr. Ryerson, at the time, by the Hon, Francis Hincks, (who had then charge of the Educational Legislation of the Govern- ment), in a Letter, written from Quebec, as follows : — (Confidentidl.)— The Roman Catholics, (I understand,) are preparing a Bill, which will be passed. It is clear that we must do something. Better abolish the 19th Section [<^f the Connnon School Act of 1850] at once, than render it a mockery, as in cases where there are Free Schools. Again, it would not do to share the tax where Free Schools are established. We must decide to do something, and I think we are disposed to do it where Free Schools are established. A separate coluuni should be placed in the roll, and the parties to state whether they desire their share of tax to be * The Trustees of the Roman Catholic Separate Schools in Toronto claimed .■£1,1.50 for their Schools ; and in reporting upon this demand, the Committee of the Board of School Trustees state that — "From a recent return, Your Com- mittee find that the total annual value of the taxable property in the City amounts to £186,983 5s. : — of this, the proportion held by Roman Catholics is £15,750 10s. The total net amount of scliool tax for last year, at 2Jd. in the pound, was fl,8(X): the net proportion contributed by the Roman Catholic inhabitants was £156 10s." — (Rij)ort of Free School Commiftee of Board of Sehool Trwitees/or the City of Toronto, 'dated 19th May, 1S52.) Claim for Additional Grants. 63 given fur such Scliool. They might participivte prDportiountely in the G(»v- emment grant. Where tliere are Free Schools, the Asuessors will generally be Protestants. There is no danger of fraud. The [Roman Catholic] people will be able to act independently and indirectly, and will, perliaps, support the Free Schools, if fairly cration, but not a share in any additional sum, or smns, raised ))y tax for School purposes. I was appealed to, and interpreted the law, as above stated, — adding, that it was voluntary with any local Corporation whether they would allow Separate Schools to share in all the School Funds provided by local tax, or only in what the Act defined as the School Fund. The Roman Catholic Trustees instituted legal proceedings to recover a share in the School moneys to which they had con- tributed as ratepayers, Jind they failed. A new element of agitation was thus furnished. . . . And, the case of the Roman Catholic supporters of the Separate School in Belleville was viewed as one of hardship, (such as was said could not be exj)erienced by the' Protestants of Lower Canada,) and was certjiin to lead to one or two results, either of which would render the establishment or continuance t)f Free Schools impossible. The one result was the giving to the supporters of Separate Schools the right to share in all School mimeys raised by the Municipality, as well as paid to it, — which would prevent Municipal Councils from doing anything at all, as they would not be tax collectors for any Religious Denomination whatever. The other result was, the limiting of the power of local Councils to collect a sum ecpial to the Legislative apportionment, and no more, — which would, of course, render Free Schools impossible. To avoid both of these evils, — to leave Roman Catholics no ground for complaint, — to afford full scope for the estjiblishment of Free Schools, where the people might wish to establish them, I recommended that, on proper notice, given before Februai-y in each year, the supporters of Sepa- rfite Schools should be exempted from paying any Municipal School Rates whatever, but be empowered to collect their own School Rates, and examine their own Teachers, and that they should be also precluded from sharing in any Municipal moneys, unless a Municijulity chose to levy and collect their School Rates for them. . . These suggestions, for the solution of the Separate School difficulty in Belleville, and others elsewhere, were embodied in tlie fourth Section of what was designated as the " Supplemen- -tary School Bill of 1853." The suit of the Belleville Separate School Trustee against the Town Council, was not decided until early in 1853. The decision in that case was given by Chief Justice Robinson, and ■was concurred in by Mr Justice Burns. It was to the effect, Claim for Additional Grants. 65 that no Mandamus against the Town Council would be granted, as it was the opinion of the Chief Justice that — As the School Act of 1850 now stands, what a Separate School, established under the 19th Clause, is entitled to share in, is tlie sum apjjortioned by tlie Chief Superintendent out of tlie (iovernnient Grant, and a sum . . . raised by local assessment to meet that Grant, — raised, I mean, for tlie payment of Teachers generally, and not upon an estimate for any specific purpose. In his Letter to the Hon. Mr. Hincks, (to which I have referred on page 63,) accompanying the Draft of the Supple- mentary School Bill of 1852-3, Dr. Ryerson said, in regard to the fourth Section : — This Secticm proposes to relieve the parents and guardians sending children to Sepai'ate Schools from paying any Scliool tax whatever, and then allowing them to share with the other Schools according to average attendance of the same Municipality in the Legislative School Grant alone. In case such a provision were adopted. 1st, There would be no provision in the School Tjr of tlie parent, or guardian, of any child attending, such Common School," ha added at the end thereof. This motion was lost by a vote of IG yeas to 42 nays. On the final passage of the Bill, on the 7th of June, 1853, the Upper Canada vote stood as follows : — Yeas : Messieurs Cam- eron, Dixon, Hincks, McDonald, (Cornwall,) McLachlin, Patrick, Richards, Ridout, Rolph, Sherwood, and Wright, (East York): 11. Nays, (all Upper Canada Membera,) viz. : Messieurs Brown,^ Burnham, Christie, (Wontworth,) Crawford, Fergu.son, Gamble, Lyon, Mackenzie, Malloch, Seymour. Shaw, Smitli, (B^rontenac,) Smith, (Durham,) Stevenson, Street, White, and Wilson : 17. The following is an analysis of the fourth Section of the Supplementary School Act, relating to Roman Catholic Separate Schools, which received the Royal Assent on the 14th of June, 185.3:*— 1. Subscribers to an amount equal to the School Rtites for the support of a Separate School, are relieved from the payment of such Rates for Public Common Schools. 2. Each Sojjarate School to share in the Legislative Grant, but not in the Municipal Assessment. .'^. Exemption from School Rsites only to extend t(j the period of sending children to the Separate School. * The Home District Council, on the 1st of July, 185.3, petitioned against this Separate School provision in the Supplementary School Act. The Petition expressed "deep regret" at having discovered in this Supplementary School Act, that " the principle of Separate Schools is again recognized. ... No one denomination should be preferred before the other, . . . and no facili- ties should be given for the establishment of Sectarian and Separate Schools^ etc." The Petition is signed by Mr. Joseph Hartman, M.P.P., and by Mr. J. Elliott, County Clerk. Other Councils sent in similar Petitions. I ! ■m 70 U. C. Separate School Legislation. 4. Return of names of supporters of Separate Schools, and the names of the children sent, to be sent by the Separate School Trustees, to the Local Superintendent of Schools, half-yearly ; also the amounts subscribed. 6. The Local Sui)erintendent siiall send the names of supporters of Separate Schools reported to him to the Clerk of the Municipality ; and the Clerk shall omit such names from the Assessment Roll, except in case a rate for a School building had been imposed before the retiu'n to the Clerk of such names. 6. The provisions of the 18th Section of the School Act of 1850, shall apply to Trustees and Teachers of Separate Schools, (i.e., in regard to penalties for false returns.) . " 7. Separate School Trustees shall be a Corporation, with power to assess for Separate School Riites, or collect .Subscriptions. 8. Subscribers to, or supporte 's by rates, of Separate Schools, shall not vote for Public School Trustees. CHAPTER XII. SECOND APPEAL TO THE GOVERNMENT- RENEWED DEMANDS OF BISHOP CHARBONNEL. Some time after the passing of the Supplementary School Act of 1853, fresh demaixls on behalf of Separate Schools were made, chiefly in private Letters to the Hon. Francis Hincks, by Bishop Charbonnel. The Editor of The Globe newspaper, referring, in that paper, to this Supplementary School Act, thus addressed Dr. Ryer.son : — And did this third concession to the claimants of Separate Schools satisfy thein ? Was your oft- repeated assurance realized, that "the exist- ence of the provision for Separate Schools" in the national system pre- vented "oppositions and combinations which would otherwise be formed against it?" On the contrary, the separatists only advanced in the extent of their demands, and became more resolute in enforcing them. The very next year, the matter was again brought to a crisis — a general election came on — Bishop Charl)onnel pressed his demands— and Mr. Hincks ci>n- sented to bring in yet another Sectivrian School Act. In his fifth Letter to the Hon. George Brown, of December 31st, 1858, Dr. Ryerson thus replied to these remarks of the Editor: — Second Appeal to the Government. 71 I have (already) shown that, while the Act of 1853 removed all giounds of complaint of per8f)nal hardshi}) by supportei-s oi Sei)arate Schools, and thus granted wliat they professed to desire, it involved "no strengthening of tlie sectanan element," hut facilitated and secured the extension of Free Schools. Bishop Charbonnel himself professed to be satisfied with the Act of 1853. So much so, that in a ^'Pantoral Address on the Upper Canada Supplementary School Act of lS5-i," dated Toronto, 9th Jnltj, 1S53, he com- menced with the following words : Owing to the equity of our Legislature, dearly l)eloved brethren, the Catholio minority of Upper Canada are to enjoy, for the education of their children, the same advantages enjoyed by the Protestant minority of Lower Canada. It is true that Bishop Charbonnel . . . receded from his previous otticial acceptance of that Act, and put forth new complaints and di-mands. He did so through the public papers, and he did so in private Letters to Hon. Mr. Hincks. SECOND TORONTO CASE — SEPARATE SCHOOL DIFFICULTIES IN TWO WARDS, The cause of mast of tliese new demands appear to liave originated chiefly in the City of Toronto. First, there was a complaint of a Separate Sciiool difficulty in St. D;.\id's Ward, then in St. James' Ward, — which were dealt with specifically by the Chief Superintendent of Education, as they arose That of St. David's Ward was brought before the Chiel Superin- tendent of Education, by the Hon. John Elmsley, to whom he replied, as follows : — It appears from your statement tliat, in the Public School of St. David's Ward, six Teachers are employed, and oidy d tn a Separate School I T think they are. ... It is clear that, in eacli of the Cnnunon Schools referred to, [ill the Act of 1860, 19th Section,] the law assumed the existence of but one Teacher. . . . I do not think, theref.-.e, that the amployment of one Roman Catholic among several teacliers of a Common Sclmnl in St. David's Ward, precludes tlie Roman Catholii; heads of families, whom you represent, from having a Separate School, if they desii-e it. ToaoNTO, 30th of August, 1853. E. Rverson. The character of the various complaints and demands, made by Bishop Charbonnel, at this time, may be gathered from the ••5 .^C;!).^: .:>£-.' 72 U. C. Separate School Legislatiox. following Letter, which the Hon. F. Hincks wrote to Bishop Charbonnel, as given in the " Life of Archbisliop Lynch, by H. C. McKeown," 1880, pages 293, 294:— I have learned wifli inuoli regret from your Letter of yesterday, [2nd of August, 1853,] that a fresli ditticulty has arisen regarding your Schools in Toronto. Believe nie, my attention will l)e promptly given to the subject of the grant, with a view to find a remedy, if there be any attempt to obstruct a law lionestly intended by the Government to heal up wounda which were nmst injurious to the peace of society. (Quebec, 3rd of August, 1853. F. Hincks. Shortly afterwards, Mr. Hincks wrote the following Letter to Dr. Ryerson, on the subject of these complaints : — (Conjidentiul.) — I spoke t(j you about the new dithculty witli Bishop Charlxmnel befoi*e leaving Toronti>, and am sorry to tind that the Govern- ment is likely to get into very serious embarrassment regarding a ([uestion which I hfid lioi)ed was hapi)ily settled. . . . Tiiis vexed (piestion nearly upset tlie Government last Sessi(jn. Judge Richards can tell you that I do not magnify its imi)()rta? ce. Note, that if by any means you refuse, practically, the Separate Scln)ols, we are just whei'e we wer,j ; and the tight has to come oft' with tiio same parties, as it would have had to come ■ '>fore the Legislature of last Session. Bishop Charbonnel will petition, and demand, legislatiim. Hi.s Bill will have the support of all, or nearly all, of the Lower Canada Mem- bers ; and, tlien, what is the Government to do ? I assume, of course, that the Government refu.ses to bruig in any Bill. Perhajis tlie Government might be broken up on that point, but suppose it is not? If we. Upper Canadians, insLst in opposing such a Bill, ve will, at all events, be beaten in Lower Canada, and then Messrs. Morin and Drummond, etc., will certjiinly resign, and we shall get gentletnen of the Cauchon School and of the Upper Canada Tories to govern the country for longer than you imagine. If, again, oiu Lower Canadian Colleagues support the Bill as an open question, wliich thoy would insist, [jrobably, in doing, and carry it, then, wliat would our position be ? I cannot speculate on wliat T would do in such a case, but you will at once see the embarrassment ; and I can assure you few things would grieve me more than the diinger o'" meddling with our Upper Canada School System, which is so admirably worked out by you. Your influence at present, 1 need not say, is all that you can well desire. You have had i>roof of it ; and T may say to you, in the strictest confidence, however, that, for several weeks, we have been in a position of not a little embarrassment in arranging our University Senate, because I Second Appeal to the Government. 73 would not listen to your being proscribed. I must, in justice, say that the objection to you is not within the Government. It is external, in part. . . I have put all the points of embarrassment in the other case before you, with a view of ascerUiining whether you can aid in settling this affair quietly. I cannot but look upon the action of the Toronto School Trustees in appointing Teachers, (as they have done,) as intended to thwart, indi- rectly, the Separate School Trustees. Now, I feel it is a wise policy to let them try our late (Supplementary) Bill fairly. I confess I do not see my way clearly. The effect of not appointing Roman Catholic Teachers woidd be to proscribe them. Pray, however, think over the matter and give me your views, confidentially, as soon as po.ssible. You will see, and feel, all my embarrassment, and 1 am certain you will try and help me out of it, if you can. Quebec, 18th of ^.ugust, 1853. F. Hincks. Ill reply, an intimation was ^iven by Dr. Ryerson to Mr. Hincks, that the matter would be carefully considered, and, that in submitting a draft of Bill " to make further provision for the Crrainmar and Common Schools of Upper Canada," next year, two or three Sections would be added to meet some local difficulties which had been experienced in carrying out satis- factorily the foiirth Section of the Supplementary School Act of 1853, relating to Sejjarate Schools. Ill the " Life of Archbishop Lynch, by H. C. McKeown," 188(), the following Lftier, written hy Vicar-General Cazeau to Bishop Charbonnel, is given on page 294 : — I have seen Mr. Hincks. Your School question vexes him very much. He will write strongly to Mr. [Ryei'son], to make him interpret the Law in such a w.iy na to do justice to (Roman) Catliolics. If tlie Law is not interpreted as necessary, a new one shall be enacted, in order to recjuire imperiously tliat the (Roman) Catholics of I'pper Canada sliall be treated witli the same liberality as the Protestfints of Lower Canada, and thus justice shall bo obtained. Quebec, IHth of August, 185.'i. C. F. Cazeai, V.G. TIIIIID SKPA1<.\TE .SCHOOL DIFFICULTY IN THE CITY OF TORONTO, 18.")4. Most of tiie Sejmrate School ditficultios wiiich arose occurred in the City of Toronto This, Dr. Ryerson stated, in a Letter to Hon. John Klmsley, in reply to some complaints, (in regard to the making of certain School Returns,) which he brought before Dr. Ryerson early in 1854. Dr. Ryerson said : — 74 U. C. Separate School Legislation. In this City alil^J:ij f^'^ ' Second Appeal to the Government. 77 Mr. Hincks thuuylit otherwise, and |)re.s,se(l mo to uiidertiike the trtsk of Jil)i)ortioning aiul piiying the money to Separate Schools, as did the Super- intendent in Lower Canada, and did not leave it to the Lf)cal Superintend- ents and Boards of Oonnnon School Trustees. In a Letter to the Attorney-General, Dr. Byerson refers to the complaint which had been made, as to the former mode of pay- ing School moneys to the Separate School Trustees. He said : — Some time last summer, the late Inspector General, (Hon. F. Hincks), connnunicated with me on this subject, and sugf^ested wliether I could not undertake to distribute and pay the School Grant to Separate Schools, as this would be satisfactory to the complaining j>arties. I expressed my conviction, that tliis would not satisfy Bishoj) Cliarbonnel — that I was satistied he had ulterior ol)jects in view — tiiat his object was to get a measure ^y which tlie Catholic jwpulation, as a Body, would be separated from the Public Schools., and the Municipalities made tax-gatherers for the Separate Schools. But, in deference t(/ Mr. Hincks' wishes, and as he liad done so much to aid nie in my work, and to promote the Public Schoo' System, and seemed to think it would i)e satisfactory, T consented to underbike the task proposed, although I had expressed strong objection to it in my i)rinted Report for 1852. — {Letter to the Hon. John A. Mac- do)Mld, dated, Toronto, 2nd April, 1855. Correspondence, etc., printed by the llonse of Assembhj, 1855, pwje 53.) Dr. Ryerson took with him to Quebec the draft of Bill of September, 1854, t ) which he i*eferred. In a private letter to me, dated at Montreal, the 10th of the same month, he said : — I arrived at Quebec yesterday morning, and left last evening, having done all that could be done in the circumstances, [change oi Ministry]. I gave the Hon. Mr. Hincks the draft of Bill, after having shown it to Mr. John [afterwards Mr. Justice] Wilson, of London, Mr. John Langton, and Mr. Jolni W. Gamble. Mr. Hincks will see to it, the same as if lie were in office. . . . Mr. Hincks lias received a letter from Monsignor Joseph Eugene, the Roman Catholic Bishop, of Bytown, vei'y much in the style of Bishop (Jharbonnel's first threatening Letter to me. Mr. Hincks' reply is a masterpiece, and it brought tlie Bishoji to hif. senses. The whole will be published. The Ministry having resigned, Sir Allan Macnal) was sent for, by Lord Elgin, to form a Ministry. . . . He has agreed to carry the measures to whicli the Ministry were pledged ; and Mr. Hincks has promised him (Sir Allan) his support, and that of his friends. ... I afterwards conversed upon the wliole affair with Mr. Hincks and Lord Elgin. There is a perfectly good understanding between Sir Allan and Mr. Hincks. . . . Publish my Letter to Bishop Cliar- bonnel, of the 26th of August, as was intended. Montreal, 10th of September, 1854. E. Ryerson. Jh M^afrC:. ,5 : 111 78 U. C. Separate School Legislation. With a view to expedite the passage of the Bill sent to Mr. Hincks, Dr. Ryerson went to Quebec the next month, so as to confer with the Macnab Ministry on the subject. In a private Letter to me from Quebec, he said : — I think tlifit tho shcirt Schftol Bill will he introduced, and j)a.ssed, hefore the fuljouininent. This 8ul)ject is coniniitted to the present, and the late, Attorney-General. I went over the Bill with them to-day. They entirely approve of it. Mr. [now Sir John] Macdonald is to confui with Mr. Morin th September, 1854, I remarked as follows to Mr. Hincks : — I think our next step must be, if further Legislation be called for, to take the sound American gi'ound of not providing for, or recognizing. Separate Schools at all. In this we should liave the cordial support of nine-tenths of the people of Upper Canada ; while, in the course now pursued, tlie more you concede, the more yon contravene the prevalent sentiment of the Country, and the greater injury you are inflicting upon the great ))ody of tlif^ parties for whom Separate Scliool are professedly demanded, but who have not, as far as 1 am aware, any safe and adequate means of speaking for themselves, or even of forming a juilgnient. In his Letter to the Hon. F. Hincks, of the 5Ui of September, 1854, Dr. Ryerson said : — Second Api'eal to the Government. 79 The following Sections reljite to SejMvrate Schools, anil, without vnuler- laining our General System, provide for all that, even the ultra, advocates of Separate Schools profess to demand, and all I tliink the Country win 1)0 induced to give. [Then follows the explanation of the three Sections proposed in 1854.] These three Sections relieve tlie Trustees of Separate Schools from making any return, or including any item in any return what- ever, not re(iuired of other Trustees ; leave the api)licants for Separate Schools to do anytliing, or nothing, as they please ; but do not permit them to make the Municiital Council their School-tjix Collector, nor give them the Legislative School Grant, except hi proportion to the average number of children they teach. Those .Sections of draft of Hill m 1854 were in the following terms : — VI. And be it enacted, T'liat so nmch of tiie 4th Section of the Act, 1(5 Vic, Chap. 185, as re([uires each supporter of a Separate School to subscribe, or pay, a cei"t*iin sum, in order to be exempted from the pay- ment of the Public School R^ites, and so much of the said Section of said Act as recpiires the Trustees of a Separate School to include, in their .semi- annual x'eturns, a statement of the names of the children attending such School, or of the names of parents, or guardians, sending children to such School, or of the sum, or sums, sub.scribed or {)aid by each of the sup- porters of such School, shall be, and is hereby repealed : Provided, always, that the supporters of a Separate School, or Schools, in onler to be entitled to exemption from the payment of any Public School Rites for any one year, as authoriiced by the .sjiid 4th Section of the Act, 1(5 Vic, Chap. 185, shall, on, or before, tlie first day of February, of such year, connaunicate in writing, with their names and places of residence, to the Clei'k of the Municijjality in which stich Separate School, or Schools, are situated, a declaration to the elfect, that they are supporters of such Sejiarate School, or Schools. VII. And be it enacted. That the Trustees of Separate Schools, elected in each of the Wards of any City, or Town, in Upper Canada, shall have authv)rity to unite, during their pleasure, into one Joint Board of Trustees, for the management of the several Separate Sch<;ols in such City, or Town. VIII. And be it enacted. That the Chief Superintendent of Schools for Cpper Canada shall have authority to determine the proportions of the Legislative School Grant, which may be payable, respectively, according to law, to Public and Separate Schools; and shall have authority to pay the sums thus apportioned in such manner as he shall judge expedient, upon the conditions, and at the time prescribed by law : Provided, always, th.it such returns shall be nuule to him, and in such manner, by all parties concerned, as he shall rcijuire, to enable him to decide upon the amount, and payment of said sums. — {On-y'spondeKce on Separate Schools, page f24, printed bij order of the Legislative Assembly, 1855.) ^m 80 U. C. Separate School Legislation, Ji In the Letter to the Hon. George Brown, of the Slwt of ])ecember, 1858, ah'oady quoted, Dr. Ryerson said: — It will be seen above that my Letter, enclosing a draft of a Hh(»rt School Bill to Mr. Hincks, anil three clauses relating to Separate Schools, on the mode of i)aying School money to them, was dated the ()th of September, 181)4. A few days after, Mr. Hincks resigned office, and the Sir Allan Macnab administration was formed. In the meantime, Bishop Charbonnel was most active in writing to Members of the Government and the Legislature, impugning me, comitlaining of the law, and enlisting other Roman Catholic Bishops with him. The following Letters will show the nature of the influence which was thus being used, in 1854, to promote the passage of a purely Roman Catholic Separate School Bill. In September, 1854, Vicar- General Cazeau, of Qiiebec, thus writes to Bishop Charbonnel, (as given on page 295 of the " Life of Archbishop Hughes, by C. H. McKeown ") : — All the Lower Canadian Ministers will be mainbvined in the [Sir A. N. Macnab] Cabinet. I do not deceive myself in telling your Lordship that they agreed, as a condition of their alliance with Sir Allan, that justice should be done to your (Roman) Catholics about Separate Schools. Quebec, 11th of September, 1854. C. F. Cazeau, V.G. Bishop Phelan of Kingston, in a Letter, (quoted on page 295 of the " Life of Archbishop Lynch, by C. H. McKeown," 188G,) addressed to Bishop Chai-bonnel, said : — I have a Letter from our Attorney-General, (Hon. John A. Macdonald), in which he promises that he will pass a Bill tliat will l)e satisfactory to us all. Notwithstanding all his j)romises, I still feel anxious to see that some action should be taken on our School Bill [of 1854]. Quebec, 11th of Septeml)er, 1854. C. F. Cazeau, V.C. Dr. Ryerson, in the foregoing Letter to the Hon. George Brown, already quoted, further states that : — Among the exti'acts of correspondence that Bishop Charbonnel after- wards published, are the following, which I quote from the Toronto Mirror, of July 18th, 1856 :— From Vicar-General Cazeau to Bishop De Charbonnel : It has been resolved, in the Council, that Justice should be done to the Separate Schools. Sir Allan hastened to tell nie that he had always been favourable to them ; and I replied, tliat your Lordship had always relied on liini. Quebec, 28tli of December, 1854. C. F. Cazeau, V.G. »>*"■ Second Appeal to the Government, 81 In a Letter written by Bishop Phelan, in January, 1855, as given in Mr. C. H. McKeown's " Life of Archblsliop Lynch," (1886 J the Bishop said :— I have (lelnyed writing to you until I hud an interview with tlio Attor- ney-General, (Hon. John A. Macdonald,) who assures nie that he has had prepared a Bill for us in Upper Canada. He says he gave it to the Hon. A. N. Morin, a (Ilonian) Catholic in conununication with the Rigiit Rev. Dr. De Charbonnel, The Chief Superintendent read it attentively, and said nothing again.st its provisions.* KiNOSTON, 8th of January, 1855. -I- Patrick Phel.vn, Hp. of Carrhoe. Soon after writing the foregoing Letter, Bishop Phelan ex- pressed his doubts in regard to Dr. Ryerson's silence, and addressed the following one to Bishop Charbonnel -.f — I assure you I have my misgivings about the new School Bill as unobjec- able to , (Dr. Ryei-son,) and, therefore, I earnestly requested the Attorney-General, (Macdonald,) to send u.s a coj)y of it, that we might .send it back to him, with our remarks on the margin of it. KiNo.sTON, 16th of January, 1855. + Patrick Phelan, Bp. of Carrhoe. From the Bi.shop of Bytown to Bishop I>. Charbonnel : Your protestation reached me here in the mid.st of the Imsh. 1 signed and sent it innneiliately to Bishop Phelan ; were it lost, .sen€> IMAGE EVALUATION TEST TARGET (MT-3) 1.0 I.I IIIM mil 2.5 =i m ilU IIIIIZ2 = 1.8 125 1.4 J4 M 6" — ► 1^ ?^ "c^ NV ^3 /^ '■?^" >" - jt_ 82 U. C. Separate School Legislation. ! Comparative Table of Le /..i t- ,.■ „ t.„ ='•' =■ B. 6th Section. L property ..... j Separate School Trustees. Are only six in Quebec and Montreal; \ . .„ , ^ . . larger Cities tlian Toronto ■ - j^' *"*''^ **''" on. Have all the same powers as the ComnMjn ) . noii o *• o u 1 "- i 1 A 26th Section. School xruatees . . . . f Circumscribe their Schools as they like B. I8th Section. May apply to the Chief Superintendent l ,^ ^ . for any case, and receive from him their } i> loii c< i.- shares in all School Funds - - j ^- ^^^'^ '^««*^«"' On ea«y Reports and Certificates \A. 27th Section, / B. 18th Section. According to their population in Quebec^ and Montreal, iud wherever they are |^A. 26tli and 43rd pleaseol Acts on Separate Schools in Upper Canada do not secure all that is granted to tlie dissenters in Lower Canada, I. Be it enacted. That the Clause 19 of the 13 and 14 Vict., Chap. 48, and Clause 4 of the id Vict., Chap. 186, be, and are, repealed. IL That in any School Secti it is in Lower Cawida, see 9th Vict. , Chap. 27, Section sUG. ) III. Tliat the said Trustees, by the only fact of the said signification and election, sluill form de facto a Corporation under the name of , liaving all the same rights and powers, as defined and extended in Common School Acts of Upper Canada and in this Act, subject to the same duties and penalties as the Board of Common School Trustees, such as defined in the clauses 12 and 13 of the School Act of 1850, with the exception that they will be exclusively accountable to the only one Official appointed nd hoc for copies, reports, etc. : That Board also shall be renewed partly at each Annual School Meeting, as provided by the clause 3 of the School Act of 1850. {So it is in Lonvr Canada ; see Longer Canada Act.) IV. That in localities divided into Wards, each Ward this year, within two months after the passing of this Act, and every year after, on the second W^ednesday of January, shall elect one tit person to be a Trustee of one or more Separate Schools, and hold office until his successor be elected at the ensuing year, or himself may be re-elected, if he consent thereto ; that those Trustees shall form one Corporation, under the name of , having the same rights, subject to the same duties and penalties as mentioned in the preceding Clause III., witli the same excep- tion that they will be accountable, for such conditions as may be required, exclusively to the only official appointed for the superintendence of Separate Schools ; and that any majority of the MemV)er8 present, at any meeting regularly held, at which there shall be an absolute majority of the Members of the Board, may validly exercise all the powers of the Coipora- tion. — (So it is in Lo\oer Canada, see 9th Vict., Cliap. 29, Section •''>.) V. That the said Trustees may circumscribe their Separate Scliools as they like, (so it is in Loiver Canada, 12th Vict., Chap. 50, Section 1 8,) recrnvQ children of their faith from other School Sections, {so it is in Lower Canada, 9th Vict., Chap. 21, Section 29,) and (pialify Teachers for their Separate Schools, until tliey have a Separate Normal School. VI. That tlie said Trustees shall be entitled to receive from their said s])ecial Superintendent, on a report such as required by him, such sums out of the Government Grant, out of all the taxes for School and Library purposes, and out of any Provuicial, or Municipal School Funds, as pro- portionate to the poj)ulation they represent, according to the last official census, {so in Lower Canada, 9th Vict., Chap. 27, Section 26; 12th Vict., Chap. 50, Section 18,) itrovided that those sums shall be expended for School jiurposes : Provided, also, that should any Municipal Corporation refuse to jmy any portion of tlu)se sums, either the Chief Superintendent shall deduct a sum, equal to the deficiency, from the apj)ortionment f)f the current and following years, until full payment, or the Secretary of the Board shall refer the case to the Superior Court, who will judge of it, and «hall order the payment by all legal means. I Second Appeal to the Government. 87 VII. That such of the j)rovi8ion8 of the Common School Acts of Upper Canada, as are contrary to the provisions of tliis Act, shall be, and are hereby, repealed. VIII. That generally all woi-ds and provisions of this Act, doubts and difficulties arising about it, shall receive such large, beneficial and lil)eral construction as will l)est ensure the attainment of this Act, and the enforce- ment of its enactments, according to their true intent, meaning, and spirit. — (So in Lotcer Canada, 9th Vict,, Giap. 27, Section 55.) IX. That the j)resent Act shall take effect from the first of January of this year, 1855." We, the undersigned, hereby declare that nothing short of the above will satisfy the conscientious convictions of the Catholics of this Province. + Patrick Phelan, Bp. of Carrhoe, Adm't. Apostolic. (No date + Armandus Fr. Ma., Bp. of Toronto. given.) + Jos. Eugene, Bp. of By town. In his Letter to Hon. Attorney-General John A. Macdonald, dated the 2nd of April, 1852, and published in the ' Corre- spondence," laid before the House of Asse»nbly, in 1855, Dr. Ryerson thus analyses the provisions of this Bill, as proposed by the three Bishops : — This Draft of Bill is the first document that Bishop Charbonnel has printed, stating explicitly what he and his Colleagues demand. This document speaks for itself ; and no private professions, or disclaimers, as to what is, or is not, desired, or intended, will be of any value, in the face of what is here sunnnarily and deliberately demanded as necessjiry to " satisfy the conscientious ccmvictions of the Catliolics of this Province." The professed ()bject of Bishop Charlwnnel's statements and Draft of Bill, is to secure to the Roman Catholics in Ujjper Canada what is enjoyed by Protestants in Lower Canada ; but the provisions of the Draft of Bill itself would confer upon Roman Catholics in Upper Canada what is not enjoyed by Protestants in Lower Canada, or in any other civilized country. Under the pretence of assimilating the School Law of Upper Canada to that of Lower Canada, in regard to Separate Schools, an attempt is made to place tlie property of every Pi-otestant in Upper Canada, the power of every Municipality, and the School Fund itself, in subjection to the promoters of Separate Schools, without their being subject to any of the restrictions and o})ligations to which Separate Schools in Lower Canada and Public Schools in Ujjper Canada are now subject. An analysis of the jirovisions of this Draft oi Bill will more than justify this assertion. 1. The first feature of this Di-aft of Bill that I shall notice, is, that wliich relates to the accountability, or rather non-accountability of SejMirate School Trustees, and the conditions of tlieir claims upon tlie School Fund. 88 U, C. Separate School Legislation, The third and fourtli Sections provide a special Superintendent for Separate Schools, to whom al(»ne they are t<» make returns, and such returns only as he may require ; and, on ' a report, such as (the sixth Section prescribes) required by him,' are Provincial and Municipal School Funds to be paid to Sepanite School Trustees, and that, according U> the last official census of the population. Now, every one of those provisions is contrary to the School Ljvw of Lower Canada. Here is a special Superintendent for Sepa- rate Schools, wliich does not exist in Lower Canada ; here is no provision as to the kind of returns, or when the returns shall be made, or how attested, all of which are prescribed by the School Law of both the Canadas, and are not left to any one man, and especially a man chosen to promote a special object. Nothing is prescribed as to the length of time Schools shall be kept open, in order to share in the School Fund, or how conducted, or any inspection. Under such provisions, there might be one Separate School in a Township, or City, that School not kept open more than thiee days in a year, nor contain more than three pupils, and yet, according to the Separate School ratio, the Trustees of it receive several hundred pounds of the School Fund ! It is also here provided that all the money thus to be given to Separate Schools, shall be paid to the Trustees, and that with- out any personal respoiisibility, on their part, as to the expenditure of this money ; whereas, the School Law of Upper Canada does not permit any part of the School Fund to be paid into the hands of School Trustees at all, but to legally (jualified Teachers alone, on the written ortlers pf Trustees. 2. The second feature of this Draft of Bill, which I notice, is, that it annihilates the individuality, and individual right, of choice on the part of the members of the Religious Persuasion of the Separate Schools.* The second Section provides that 'any number whatever of dissidents,' in a Municipality, may establish a Separate School ; the third section makes three persons sigtiitied by themselves de facto a Corporation ; and the sixth Section makes them the representatives of the whole population, according to the last census, of the persuasion to which they belong. Thus, any * This idea of tlie right of individuals, anus domination, such as is without a parallel in any age, and is incompatible with the free government or liberties of any Country. I doubt whether the ingenuity of man could devise, under meeker preten- sions, and in fewer words, the destruction of the Educational Institutions and the constitutional liberties of a whole people, and their prostrate sub- jection under the feet of a Religious Denominaticm. The authors of this Draft of Bill must have ])re8umed marvellously upon their own powers, and xipon the simplicity of the Members of the Legislature. I am persuaded that no person will more [)romptly recoil from and repel such a measure than the great body of the Roman Catholic Members of tlie Legislature, and of the community, who will be grieved, and ashamed, to see the worst imputations of their opponents exceeded by the monstrous propositions * The Trustees of the Roman Catholic Separate Schools in Toronto, in 1852, claimed £1,150 for their Schools; and, in reporting upon this demand, the Cotrmittee of the Board of School Trustees state that—" From a recent return your Committee find that the total annual value of the taxable property in the City amounts to £186 983 5s. : — of this, the proportion held by Roman Catholics is .£15,750 10s. The total net amount of School tax for last year, at 2^d. in the pound, was £1,800; the net proportion contributed by the Roman Catholic inha]>itants was only £156 lOs." ■I- t J: 1^1 1 4 92 U. C. Separate School Legislation. covertly involvwl in what is demanded by Binhop Charbrs of Religion, not Protestnnt, are there successfully employed, and heretoft>re with perfect success : Whereas, by passing the present Bill, the asperity of feeling, one towaixls another, engendered by different forms of Religion, is [terpetuated, and the policy of the Imperial (Tt)vernnient set at naught. Jameh Crooks. LE(iisLATivE Council, 2l8t of May, 1855. The Taciie Bill, as it passed the Legislr.tive Council, was sent down to the House of Assembly, and, on the 22nd of May, it was moved by th" Hon. John A. Macdonald, Attorney- General, West, seconded by the Hon. William C'aylcy, that the Bill be read a first time. In amendment to this motion, Mr. (Jeorge Bi'own, seconded by Mr. Joseph Hartman, moved that it be read that day six months. The votes of the Upper Canada Members on this motion were : Brown, Christie, Delong, Eraser, Gand)le, Hartman, Langton, Lumsden, Mackenzie, Mathewson, Merritt, Patrick, Rankin, Rolph and Wright (15), and Darehe The Tache Separate School Bill of 1855. 95 and J. B. E. Dorion, of Lower Canada ; total i 7. The Upper ('anada nays were : Bowes, Larwil!, Powell, Cayley, Church, Clai'ke, Crysler, J. A. Macdonald, R. McDonald, Sir A. Macnab, John Ross, James Ross, Shaw, H. Smith, Southwick, Sperce, Stevenson (16). Lower Canada nays, 45 : total, 61. On a vote for a " cjill of the House " on the same day, to consider the Bill, the Upper Canada yea votes were: Aikens, Brown, Christie, Belong, Eraser, Gamble, Hartman, Langton, Lumsden, Mackenzie, Merritt, Patrick, Rankin, Rolph and Wright (15), and 6 Lower Canada yea votes, viz. : Bcllingham, Darche, DeWitt, J. B. E. Dorion, A. A. Dorion and Papin; total, 21. The Upper Canada nay votes were: Bowes, Cayley, Cluu'ch, Clarke, Larwill, .1. A. Macdonald, R. McDonald, Sir A. N. Macnab, Powell, John Ross, James Ross, Shaw, H. Smith, Spence and Stevenson (14), and 41 Lower Canada nay votes; totiil, 55. The following is a copy of the Tache Bill, as passed : TiiK Tache Sei'akate Scho<»l Bill ok 1855, (18 Vict., Chap. 131.) Whereas it is expe«lient h» iiinund the laws relatinj^ to SejMirato Scliools in Upper Canada, so far as tlteij affect the lioman Catholic inhabituutt thereof: (h) Be it therefore enacted l)y the Queen's Most Excellent Majesty, by anil witli the advice and consent (»f tlie Legislative Coiuicil, and of the Legislative Assembly of the Province of Canada, constituted ami as.send)led by virtue of, and under the authority of, an Act passed in the Parliament of the United Kingdom of (ireat B itain and Irclrind, and intituled, An Act to reitnifc the J*roriiu-cs of Upper t any other Act, incon- sistent with the provisions of this Act, are hereby i-epealed, .so /(tr on?;/ na then seceraUti niatc to the lionian ddholics of Upper Canada {b). [13 and 14 Vict., Chap. 48, !< xix. 14 and 15 Vict., Chajt. 111. 1(> Vict., Chap. 185, Ji iv., repealed. I IL Any nuMd>er (»f persons, not less than ^^cp heads of famiiies, being freeholders, or hon.seltohlers, resident within aiiij School Section, of any Township, or within an\i Ward (famj Citij, or Tonn,() Amended in tlie House of Asweiubly. i'i-l I jji ! ill 1 .Ilk ' li 1 1 1 ■ ^1 ' 90 U. C. Separate School Legislation. H Separate School for Roman Catholi'.s (h) in sucli School Section, or Ward, (b) for the election of Trustees for the niiinageinent thereof. III. A majority of the persons present, not less than ten in nnmber, (h) heim/ freehoUhrs, or householders, (a) and heintj Eoma)t, Catholics, (6) at any such meeting may elect three persons, resident mthin siieh Section, (a) to act as Trustees for the management of such Separate School, and any person, heiiuf a British subject, (b) may be elected as such Trustee, whether he he a freeholder, or householder, or not. IV. A notice addressed to the lleeve, or to the Chairman of the Board of Common School Trustees, in the Township, City, or Town, in which such Section is situate, may be given by all persons resident nnthin snch Section, beinfi freeludders, or householders, and beiiuj lioma)i Catholics, (b) favourable to the esbiblishment of such Separate ScIkjoI, whether they were present at such meeting or not, declaring that they desire to establish a Separate School in such School Section, and designating, ])y their names, professitms, and places of abode, the ])ersons elected, in the manner aforesjiid, as Trustees for the management theret)f. V. Every such notice shall be delivered to the proper Otticer by one of the Trustees so elected, and it shall be tlie duty of the Officer receiving the same to endorse thereon the date of the recepticm thereof, and to deliver a copy of the same, so endorsed and duly certified by him, to such Trustee. VI. From the day of the date of the reception of every such notice, the Trustees therein named shall be a Body Corporate under the name of "The Trustees of the Roman C'atliolic Se))arate School, for the Section Number , in the Township, (City, or Town, as the case inay be,) in the Ctmntyof ."* VII. If a Separate School, or Separate Schools, shall have been established in more tluin one Ward of anij Cit>i, or Tonm, the Trndees of sttch Separate Schools may, if they think fit, fonn an union of such Separate Schools, (b) and, from the day of the date of the notice in any public newspa[)er, pub- lished in such City, or Town, announcing such union, tft^ Trndeea of tha * In the original (5th and 8th Soction.s of the JJill, ns introduced into the Legislative Council, the words " Episcopalian," and "Jewish, Coloured," etc. , "as the case may be," were inserted. In the "Rough Draft of a Bill," the corresponding words used were " Denominations," and " Denominational .Schools." Tl' ; word "Episcopalian" was, in each case, altered in the Legis- lative Council to " Protestant, In the House of Assembly, all of these words were struck out. Tlie 7th Section, as printed in the original Bill, was struck out in the House of Assemblj-. It was as follows: " VII. Persons favourable to the establishment of Separate Scliools, sliall elect one person only to i)t a Trustee for the management of one, or more, Separate Schools in each Ward of every City and Town, in Upper Canada, divided into Wards; and every Trustee so elected shall form a Body Corporate, imder the name of the Trustees of the Roman Catholic, JUpiscopaliaii , [altered to " Protestant,"] Jewish, Coloured., School, etc., an the case may be, (struck out in the Council,] Separate School for Ward of the City, Town, Village, as the case may be, of , in the County of . (See Mr. Elmsley's Lettei-, page llV, post.) The Tachi^: Separate School Bill of 1855. 97 several Wards shall, together, (b) form a Body Corporate, under the title tice to the Clerk of the Municipality in which any Separate School is situated, that he is a Roman Catholic, and a {b) supporter of such Separate School, shall 1)0 exempted from the payment of all rates imposed, within svch Ward, or School Section, (b) for the support of Connnon Schools, and of Conunon School Libraries, for the year then next following, and every Clerk of a Municipality, upon receiving a}uj such notice, shall deliver a Certificate to the person giving the same, to the effect that s)i,ch notice has been given, and slwunng the date of such notice y (a) but any person who shall fraudulently give any such notice, or shall wilfully make any false statement therein, shall not secure any exen»ption thereby, but shall, on the contrary, be i 98 U. C. Separate School Legislation. liable to a penalty of Ten Pounds currency, recoverable, with costs, before any Justice of the Peace, at the suit of the Municipnlity intereste*! : I'rovided cUicays, that nothing herein contained shall ej-empt any such person from paying any rate for the support, of Common Schools, or Common School Libraries, or for the erection of a School-house, or School-Itorises, which shall haiK been imposed before stich Separate School icas eslahlished. (b) XI^T. Every Separate School estaljlished under this Act shall be entitled to a share in the Fund annually granted l^y the Legislature of this Province for th; support of Comwion (6) Schools,* according to the average number of pupils attending such School during the twelve next jn-eceding months, or during the number of months which may have elai)sed from the establish- ment of a new Separate School, as compared with the whole average number of pupils attendingt School in the same City, Town, Village, or Towhship : Provided always, that no Separate ScIkjoI shall be entitled to a shai in any such fund unless the average number of pupils so attentling the same be fifteen or more, (periods of epidemic, or contagious, disease excepted : Prcrided, (dso, that nothituj herein contained shall entitle any such Separate School within any City, Toum, Village, w Township, to any part or portion of School moneys arising or accruing from local assessment for Common Sclwol purposes within any such City, Totcn, Village, or Toini- ship, (a) or the County, or Union of Counties, unthin which such Town, Village, or Township, is situate : Provided, also, that if any Separate School shall not have been in operation for a rchole year at the time of the apportion- ment, it shall not receive the sum to tvhich it ivould have bee^i entitled for a whole year, but onii/ an amount proportional to the time during which it has been kept open.(b) XIV. The Trustees of each Sejiarate School shall, on or before the thirtieth day of June and the thirty-firat day of December of each year, transmit to the Chief Superintendent of Schools for tapper Canada a ci>rrect statement of the names of the children attending such School, tt>gether with the average attendance during the six next preceding months, or during the luimber of months which may have elapsed since the est^iblisli- ment thereof, and the number of months it sh
) for the County, or union of Counties, within which such Separate Scho«il is situate, by at leivst one of tlie Trustees making the same. XV. But the election of any Trustee, or Trustees, made under this Act, shall becfiuie void, unless a Seiwimte School he estal)lished under his, or their, management, within two months from tlie election of such Trustee, or Trustees. XVI. And no person subscribing towards the suppcjrt of a Separate School, or sending children tliereto, shall be allowed to vote at the election of any Trustee of a Connnon School in the City, Town, Village, or Town- ship, in which such Separate School is situate. PASSAGE OF THE TACHE SEPARATE SCHOOL BILL, 1855. Several aniendineiits were made to the Bill, as I have shown, during its passage tlirough the House of Assembly, and these amendments, [as noted in the Bill, on pages 9.5-100,] having been concurred in by the Legislative Council, the Bill received the Royal assent on the 30th of May, 1.S56. Speaking of the passage of the Bill by the Legislature, at this time, Dr. Ryerson, in his fifth Letter to the Hon. George Brown, of the 'ilst of December, 1858, said : — . It is of little consecpience whether Membei-s of the Opposition, or others, prevented the Bill from passing, as originally introduced. The School System of Upper Canada is ecjually the property of all parties, not of one party. . . . The (jrovermnent, and the Catholic and French Membei-s of the House, could not d<» otherwise than listen to the remon- strances of their own friends, and especially of Members of the Church of England, which the Bill, as introduced, was adapted to conciliate and favour. But, to the lionour of the Church of England, and to the licmour of Canada, and especially t^t the honour of the (ientlumen themselves, the Episc(»palians stood ft)rward as a phalanx against the seductions presented to them by the provisions of the Bill as introduced. ... I feel it no less my duty than pleasure, to express my own gratitude, and, I believe, that of Upper Canada generally, to Messrs. (ianible, Stevenson, W. B. Robinson, Langton, and Crawford, for the earnest and noble stsind they took on that occasion as chamjtions of the unmutilated Common School System of Ui)per Canada. In a private Letter to me in June, 1855, Dr. Ryerson said : — '"Xti Note. —The 18th Section, i)n)vi(liiig for a " large, beneficial and liberal con- struction " of the Act, was struck out as unnecessary in the House of Assembly, The original 7th Section, relating to Ward Schools, was also struck out ; so that the number of Sections in the Act was reduced from cigliteen to sixteen. 100 U, C. Separate School Legislation. I met Mr. George Brown, M.P., on the boivt this afternoon. He says that the Separate School Bill underwent variou.s changes, — all to the disadvantage of the Supporters of Separate Schools ; — that the Bill, as finally passed, was (|uite a different Bill from the original one which we have ; that tlie substivmial debate on the subject took place at the seccmd reading of the Bill. Hamilton, 8th of June, 1855. E. Ryerson. SIK .JOHN MACDONALD AND THE TACH^ SEPARATE SCHOOL ACT. Mr. Josepli Pope, in his " Memoirs of the Right Honourable Sir Jolid Alexander Macdonald," thus refers to Sir John's proceedings in reganl to the Tache Separate School Bill of 1855 :— Parliament, which had adjourned on the 18th of December, 1854, re-assembled in Quebec on the 23rd of February, 1855. . . . A Measure was passed, (during the Sessitm of 1855,) dealing with the Scho(>l System of Upper Canada. The latter was introduced into the As8en»l)ly by Mr. Macdonald, who stjvted that the principle of the Bill was not new, for already, under the law. Separate Schools existed in both sections of the Province, so that the people would keep the question of Se})arate Schools. The following ([notation, from one of his speeches, delivered about this time, presents his views on the subject very clearly : — I have called the attention of the people to the fact that the 19th Clause of the Connnon School Act of 1860, became law long, long before I was in the Government at all ; so that the merit of it, or the blame of it, is not with me, but rests entirely with the Baldwin-La Fontaine Administration, as it was brought in under the auspices of Mr. Baldwin, particularly, — that pure, and honest, man, — of whom I always love to speak, though we were opposed in {)olitics. And, if it be asked : why we die' not repeal it, I answer, in the first place, that it is one thing to give a right, or a franchise, and another thing to deprive people of it ; and, in the second place, we have the indisputable evidence of a disinterested witness, — a man whf> cannot be suspected of any leaning towards Popery, — I mean, the Rev. Dr. Ryerson, a Protestjvnt clergyman himself, at the head of the Common School System of Upper Canada, — a person whose whole enei-gies have been expended in the cause of Education, — who states deliberately to the people of Canada, that the Separate School Clause does not retard the progress, or the increase, of Common Schools ; but that, on the contrary, it " widens the basis of the Common School System." If I thought that it injured that System, I nmst say that I would vote for its repeal to-morrow. You nmst remember, also, that Lower Canada is decidedly a Roman Catholic country : — that the Protestant population of Lower Canada is a small minority, and, if Protestant School" v.ere not allowed there, our Protestant brethren in Lower Canada would be obliged to send their children to be educated by Roman Catholic Teachers. Now, I don't know how many Protestrtnts, or how many Roman Catholics, I may Ije at this moment addressing, but I sjiy that, as a Protesbint, I should not be willing to send my son to a Roman Catholic School, while I think a Roman Catholic should not be compelled to send his to a Protestfint one. Li Lower Canada, the Teachers are generally the Roman Catholic Clergy, and, of course, it is their duty to teach what they consider truth, and to guard their pupils against error. But, tlie system in vogue there is more liberal than even ours, in that it not only permits the estjiblishment of Protestant Schools for Protestant children, but allows the whole Municipal machinery to be employed to collect the rates t'< maintain them. In dis- cussing this subject, I have always found that, when it is fairly laid before the people, they always, by tlieir applause, signify their approbation of the consistent course of the Government in regard to it. — {Pages 170, 171, and 172, Vol I.) 102 U. C. Separate School Legislation. Ill CHAPTER XIV. PRIVATE AND CONFIDENTIAL CORRESPONDENCE RELATING TO THE PASSAGE OF THE SEPARATE SCHOOL ACT OF 1855. 1. From the Hon. John A. Macdonahl , Attorney-General, to Dr. Ryeraon, Chief Superintendent of Education. I have this day given notice of the Bill to amend the law respecting Grammar and Common Schools. The Clause relating to . . . Separate Schools has been omitted. It is not yet decided wliether that subject shall be touched during the present Session, or deferred until the meeting (of the Legislature) at Toronto, in February, 185(>. The Clauses relating to Vagrant Children have likewise been omitted, as I do not wish to insert any clause that might impede the passjige of the Bill. [Note. — This subject was again dealt with in 1862. See the Church of England Separate Scliool proceedings of that year, in a separate Chapter.— J. G. H.] I think it is likely that we will send the Bill to a Sjjecial Committee, as you suggest. I shall have that settled in a day or two, when I will write to you, or, perhaps, send a telegram. If a Special Committee is struck, your testimony will undoubtedly be retpiired. Quebec, 2nd of March, 1855. John A. Macdonald. 2. Telegram from Dr. Ryerson to J. George Hodgina. Dr. Ryerson, havi.ig been summoned to Quebec, sent the following Telegram to me while there : — Yours received. . . . All right about Separate Schools. . . . Prepare copies of all Correspondence with Suj)porters of Separate Schools since 1852. Quebec, 2nd of April, 1865. E. Ryerson. 3. Letter from Bishop Phelan, (as given on pages 296 and 297 of the '• Life of Archbishop Lynch, by C. H. McKeoivn") to the Hon. Attorney-General Macdonahl, as follows: — Although you informed me in your last Letter that it is, and always was, your object to enable the (Roman) Catholics to educate their youth in their Private and Confidential Correspondence. 103 )ls own way, it does not appear, however, at present, tliat you intend making, at this Session, any of the amendments in the present School Act wliich you recjuired me to communicate in writing to you.* If this was the case, wliat was the use of asking me for my views on tlie subject of Sepirate Schools ? I am awai'e of your difficulties on this point ; the Chief Superin- tendent of Schools for Canada West, especially being opj)osed to any . measure that would be favourable to our Separate Schools, and conse- quently determined to prevent, if possible, the amendments we require. But, I trust, that neither you nor the Ministry will be prevented from doing us justice by your allowing us the sjime rights and privileges for our Separate Schools as are granted to the Protestants of Lower Canada. If tliis be done at the present Session, we will have no reason to complain ; and the otlium thi-own upon you of being controlled by Dr. Ryerson will be e^cct'jally removed. If, on the contrary, the voice of our opponent, [Dr. Ryerson,] upon this subject of Separate Schools, is more attended to and respected than the voice of the (Roman) Catholic Bishrips, the Clergy, and nearly 200,000 of Her Majesty's loyal (Roman) Catholic subjects, claiming justice for the education of their youth, surely the Ministry that refuses us such rights cannot blame us for being displeased with them, and, consequently, for being determined to use every constitutional means to prevent their future return to Parliament. This, of course, will be the disagi'eeable alternative to which we shall be obliged to have recourse, if full justice be not done us at this Session, with regard to our Separate Schools. Kingston, 16th of April, 1855. + Patrick Phelan, Bp. of Carrhoe. This Letter, the writer of tlie " Life of Archbi.shop Lynch " states, " was sent to the Attorney-General, (Hon. John A. Mac- donald,) witli the concurrence of the other two Bishops of Canada Wi .st," — i.e., of Toronto and Bytown. It will be noticed that the tone of some of these Letters, chiefly those from the Bishops, and which refer either to Mem- bers of the Government, or to Dr. Ryerson, in 18.58-1855, are singularly peremptory and menacing in their tone. In the foregoing Letter, Bishop Phelan reproaches Attorney- General Macdonald with " being controlled by Dr. Ryerson," * The " aineiidments " to which Bishop Plielan here refers may be those contained in the "Draft of a School Bill for Upper Canada, pi-epared by the three Bishops of King.ston, Toronto, and Ottawa, and intituled : 'An Act to better define certain rights to parties therein mentioned,' " accompanied by a " Comparative Table of Legislation on Separate Schools in Upper and Lower Canada," (pages 85-87, rtw/fi.) No other measure of the kind appears to have been submitted by tlie Bishop at this time. That Bill of 18o4 seems to have been again submitted to the Attorney -(Jeneral in 1858, as mentioned to me, in a i)rivate Letter fi'om Dr. Ryerson, dated the 30th of January, 1858, pages 121, 122, post. B ii II n ill) i! 104 U. C. Separate School Legislation. and warns him that, " if the voice of " this, " our Opponent . . . . is more attended to and respected than the voice of the Catliolic Bishops, Clergy, and " people, ..." every constitutional means" will be used "to prevent" the return of the Ministry "to Parliament." He also refers to the Chief Superintendent as being especially " opposed to any measure that would be favourable to Separate Schools, and, conse- quently, determined to prevent, if possible, the ainendments we require." Language of this kind seems strange, coming, as it did, from one who, from his position, would naturally insist on those " in authority under him " discharging their duty fearlessly and conscientiously ; and yet, for doing so, as no one could question, both Attorney-General Macdonald and Chief Super- intendent Ryerson are spoken to, and of, in this Letter, in a manner the very reverse of just, fair, or right, and with an assumption of the power to control their free action, which neither of them could either submit to, or acknowledge.* 4. Letter from the Hon. John A. Macdonald to Dr. Ryerson: The press ut business . . prevented me from writing to you before. Your official Letter, dated the 2nd of April, arrived after the other papers relative to Separate Schools had l)eeii laid before the House. — [Page 87, ante.^ It is just as well, as the new (Separate School) Bill, while it pleased Dr. de Charbonnel, could do no harm ; and it is just as well to avoid contro- versy on the subject. I was pleased to learn, by your Telegram, that this new Bill, as limited to Roman Catholics, is better than the old Law. I stated so in the House, on your authority, and said, that ' ' no one could doubt your devotion to the cause of Common Schools ; and no one could fear your over-attachment to Sectarian Institutions." George Brown and John Lsington were both obliged to admit that, with the amendments I consented to, tht> Bill was * The testimony of Senator Scott, as given on page 60, ante, is in striking contrast with this language of Bishop Phelan. Mr. Scott, who had to do with Dr. Ryerson in difficult and delicate negotiations, and conferences, on the Separate School (juestion, says that lie " always found him ready to meet the wishes of the minority ; that he exhibited no prejudice or bigotry. . . . The idea that the Chief Superintendent was not friendly to the Separate School System . . . was a mistake, because he was sincerely anxious to do what was really fair to make the [Separate School] Law workable. — (Speech in fhe Senate in 1894.) Private and Confidential Correspondence. 105 was quite innocent ; and tliey only votetl against the pannage of the Bill, as a proof of their tliHlike to Separate SchlH on any condition. So we have got well out of that ditticulty. (There was quite a combination of parties in the House against the junction of the Grammar and Common School Boanls in Cities, Towns, otc. ;* and so many remonstrances were made against it by Grammar School Trustees, that I was threatened with a goml deal of difficulty from both sides of the House. As there was no pressing necessity for the change, and I did not want to risk my Bill, I struck out the clauses, and we got the Bill through without difficulty. When wo meet in Torontonald. 5. From the Hon. John A. Macdonald to Dr. Ryeraon: — Our Separ.ite School Bill, which is as you know, quite ha rmless, passed with the approbation of our Friend, Bishop de Charbonnel, who, before leaving here, formally thanked the Administration for doing justice to his (Jhurch. He has, however, got a new light since his return to Toronto, and now says that the Bill won't do. I neeints on the attention of the public. First. That the Bill will not injuriously affect the Common School System. (This for the people at large. ) Second. That the Separate School Bill of 1855 is a substantial boon to the Roman Catholics. (This is to keep them in good humor.) You see that, if the Bishop makes the Roman Catholics believe that tlie Separate School Bill is of no use to them, there will be a renewal of the unwholesome agitation, which I thought was allayed. I send you the Bill as passed. P.S. — I received your Telegram. Quebec, 8th of June, 1865. John A. Macdonald. * This paragraph of Sir John A. Macdonald's Letter is inserted on account of the recent revival of the question in the City of Toronto. Dr. Ryeraon was so strongly opposed to the union of Grammar and Common School Boards, that he provided in a later Act for the severance of such unions. 8 1D6 U. C. Separate School Legislation. In June, 1855, after the ptvssage of the Tach^ Roman Catho- lic Separate School Bill, Dr. Ryerson left for Europe, to purchase articles for the Educational Museum, and to make arrangements in regard to the purchase of Books for the School Libraries. G. Letter from J. George Hoclgma to Dr. Ryer8on,(in England): I Mend you by innil six copies of the tirat part of the Correspondence on Sepftnite Schools. . . . The Catliolic Citizen, of this City, has, to-day, rather a weak article ridiculing Protestjints for their opposition to the Roman Catholic Separate Schools, and holding Mr. George Brown and his friends responsible for the alterations n.ade in tlie Bill. . . . The Editor .says that the s. . . He has no children ; can speak no English ; can read and write and makes himself acquainted with the current events of the dn' . as detailed in La Minerve, and lately in Le Pans. Ft)r the rest, a persoj;. of extreinely strong, unprejudiced mind, and, as far as I know, not at ,ii/ affected by Protestantism, except in so far as he has no ill-feeling tow.vr<]s, and has considerable regard for, some of its professors. We were convers- ing about the locjil School of the Village, when he suddenly drojiped the subject, by sjvying : "There is one man in Upper Canada whose talents I esteem above those of any other man in the Country." I asked who he spoke of. "Oh," said he, " M. Chef Surintendant Ryerson." I could not at first understand how he had acquired this high opinion of you, inas- nmch as I thought it not very probable that he could have seen many of your writings. But he soon told me that his opinion was founded upon Effect of the Charbonnel Controversy. 100 your coiitr()vei"sy witli Bishop de Chaibi)nnel, some two or three years ago. He sfiid that the Bislio[) was, in his opinion, complettly confuted. But, he added, what perhaps was not (juite so complimentary to you as the other portions of his discoui-se : "What surprises me most, is how a man, who has tlie reputfvtion which Count de Charbonnel gained here, could possibly expose himself openly to be reproved for misrepresentation, and, through- out the correspondence, ct>uld exhibit such poor powers of reasoning, joined with so nnich ill-temper. " I said to him tliat the Minerve would never have translated the Corre- spondence ii: its ett'ect had beeu anticipated, — at least if it had been anticipated that the effect it had hful upon him would be general. He laughed, and said : "Oh, it was very (faw:he on tlieir part ; but some of them are so foolish that they cannot see the plainer 1/ folly, if it only come from a Bishop." I do not think my friend ver}' different from scores of quiet, intelligent Canadians, a little above the class (jf habitants throughout the cf»untry, so that the translation of your Correspondence, meant, of course, to damage you with the Lower Canadians, may have really had a very different effect among minds of that class, which eventually influences public opinion. "Herald Office," Montreal, E. Goff Penny. 13th of August, 1855. The Hon. B. Wier, in introducing to Dr. Ryerson Mr. William Annand, M.P.P., and Editor of The Nova Scotian, Halifax, by Letter, added the following : — The great question of popular Education is now exciting the minds of the people of Nova Scotia. And it seems to many of us ([uite impossible to overcome the difficulties and prejudices which meet us from every (juar- ter, — more particularly with reference to the Roman Catholic portion of our people. I do not know of anyone in the Provinces so well calculated as yourself ti> advise a course calculated to meet the difficulty, fis you have had many yoai's' exjjerience, and have given your time and great talents almost exclusively to the subject. VVe failed to carry an Assessment Bill last summer, but still ho[>e that, duiing tlie recews, some plan may be devised to meet tho obstructions which beset us. . . Mr. Annand will confer with you on the general subject. Halifax, 8th of May, 18b6. B. Wier. 110 U. C. Separate School Legislation. CHAPTEE XVI. RENEWED CONTROVERSY— 'THE BOWES' SEPARATE SCHOOL BILL, 1866. As intimated by the Hon. John A. Macdonald, in his private Letter to Dr. Ryerson, of the 8th of June, 1855, the " new- light," which, in that Letter, is spoken of, seems to have shed its power of illumination on the mind of Mr. John G. Bowes, Mayor of the City of Toronto, and also its M.P. In the Session of 1856, he introduced a Bill into the Legislature to modify the twelfth Section of the Tach^ Separate School Act of 1855. Dr. Ryerson was absent, in Europe, at the time. The following I^etters were, therefore, addressed to him there : — 1. Letter from J. George Hodgins to Dr. Ryerson, {in Europe): Mr. John G. Bowes, Mayor of Toronto, and a Member of the House of Assembly, has given notice of a Bill to modify already the Roman Catholic Separate School Act of last Session ! I do not know the nature of the Bill, but I hear that one modification proposed is to give the power of dispensa- tion from payment of a Separate School tax into the hands of the Separate School Trustees, — that their certificate will be sufficient to exemi)t the parties holding it from School taxation. . . . T send you a copy of the remarks made by Mr. Bowes, in introducing his Bill. You will see also, from the enclosed, that the Hon. G. E. Cartier has made the explanatory remarks, which he promised me he would make. ... I send you a copy of my last Letter to TJie Mirror, (Roman Cathcjlic organ.) I trust that it will lead to a stop being put to letter writing in that paper on the part of dissatisfied Separate School parties, ToEONTO, 23rd of February, 1856. J. Georlleagues, and that they will not consent to its introduction. Now, therefore, is the time to stand firm, and not be driven, or cajoled, or checkmated, in this matter. I suggested to Mr. Hartman, that it might be well for him to move for a Return of all Petitions on the Separate School question which have l)een presented to the Legislature, with a view to concentrate in one point all the sentiments of the Country on that subject. Toronto, 7th of July, 1856. J. Georcje Hodoins. DR. RYERSON S HISTORY OF THE BOWES SEPARATE SCHOOL BILL. In his fifth Letter to the Hon. George Brown, of December 81st, 1858, (already quoted,) Dr. Ryerson thus continues his narrative of the efforts made to promote Separate School Legislation in 185G : — After the close of that Session of 1855, I left for Euroi)e, and did not return until an advanced period of the next Session of the Legislature, at Toronto, when I learned that Mr. Bowes had introduced a short Bill, {)refes8edly t Confidential Report on Separate Schools. 119 tial Memorandum to Dr. Ryerson, in which he enumerated a number of points in regard to the Sepai'ate School ciuestion, on which he desired specific and detailed information from the Chief Superintendent. In asking for this information, Dr. Ryerson was informed that, — His Excellency wishes it to be understood that he makes these en(|uiries simply fur his own information, and without implying that there is any probability of change in the existing Separate School Law. Dr. Ryerson's confidential Report to the Governor-General on the Separate School question, extends to twenty-three fools- cap pages. I only give those portions of it which are not already, in substance, contained in this History. In the first part of his confidential Report he said : — As to the actual state of the Law in Upper and Lower Canada, in regard to Separate Schools, I append a Paper, which was prepared by Mr. J. G. Hodgins, the Deputy Superintendent of Education, and printed in 1856, containing, in parallel columns, the provisions of the respective Laws in Upper and Lower Canada on Separate Schools, with notes in the margin, showing the points of agreement and difference in the provisions of the Law in each section of the Province. '■= On examining this comparative view of the provisions of the Law in both sections of Canada, it will be seen that the advantage, upon the whole, is on the side of the Roman Catholics of Upper Canada. The School Laws of Upper Canada secure a protection, in religious matters, in the Public Schools that the School Law of Lower Canada does not secure to the Protestants ; nor are the Roman Catholics of Upper Canada required to express any dissatisfaction with the proceedings of the Public School Trustees, in order to be entitled to establish Separate Schools, as are the Protestants of Lower Canada. . . . It is worthy of remark that, on the passing of each of the three Acts, (1850, 1863, and 1855,) amending the Law in regard to Separate Schools, the Roman Catholic Bishop of Toronto and the Upper Canada Roman Catholic newspaper organs expressed their entire satisfaction with them, (at the time,) but afterwards complained of them, when it was found that they did not accomplish the object predicted at the time of their enactment by some of these newspapers, — namely, "that they would deal a death-blow to the State School System." . . . It may be asked, why is it that the provisions of the School Law, in * This Comparative Table is too extensive to be inserted here. It is printed as Appendix "A," (pages 56-68,) to the " Special Report on the Separate School Provisions of the School Law of Upper Canada," etc. Printed by Order of the Legislative Assembly, 1858. 180 U. 0. Separate School Leqislatign. i regard to Dissentients, operate so much more successfully in Lower, than in Upper, Canada 'i I answer — . . . 1. It is not the wish of the Protestant inhabitants of Lower Canada to overthrow a National School SyHtem, as is avowed by the leading Komiui Catholic advocates of Separate Schools iti Upper Canada. 2. The supporters of DisHentient Schools in Lower Canada are, as a whole, more intelligent and more wealthy, and know better how to proceed and manage their atfiiirs than the supporters of Separate Schools in the rural parts of Upper Canada. . . . li. The cordial co-operation of the first Roman Catholic Bishop of Toronto, (the Right Reverend Michael Power, D.D.,) in 8ui)port of the Public Schools, — before the introduction of the new counselH and feelings against them,— the greater resources, conveniences, cheapness and effi- ciency of the Public, over the Separate, Schools, the equal protection of the religious scruples and rights of all classes of pupils in the Public Schools, instead of their being Denominational, as they are, for the most part, in Lower Canada, — the serious disadvantage which Roman Catholics experi- ence, and inflict upon their children, by isolating them from other classes of youth in t'.ioir intellectual training and social intercourse, are all circum- stances and considerations unfavourable to Separate Schools, . . . and weigh strongly with a large [jroportion of the most intelligent Roman Catholics. . . . The existence of the provisions, (for Separate Schools,) at all, is clearly against the feelings of the great majority of the people of Upper Canada ; and it ha been considered by numbei's of most intelligent jjcrsons as inconsistent with, and dangerous to, the stability of a National System of Education. But T combated these apprehensions, ... so that there was no agitation on the subject, when Bishop de Charbonnel, in 1852, and, after him, other Roman Catholic Clergy and their newsj)apers, commenced an attack upon our whole School System, . . . and demanded that the Roman Catholics, as a body, should be incorporated into a Separate organization, and receive Legislative School Grants and Municipal School Funds, according to their numbers, with a [Provincial Rom.an Catholic] Superintendent from among themselves, — thus claiming absolutely a large portion of Public and Municipal Revenue and local corporate powers of a vast extent, as an endowment for the exclusive teaching of the Roman Catholic Church, — a thing never mooted in respect to the Protestants of Lower Canada, — never heard of in any free country, and subversive of the right of individual liberty and choice among the Roman Catholics, and inconsistent with the rights of Municipalities, and of individual property among the Protestants. . . . It is this double aggression by Roman Catholic Bishops and their sup- porters, in assailing, on the one hand, our Public Sdiools and School System, and invading what has been acknowledged as sacred constitutional rights of individuals and Municipalities ; and, on the other hand, in ■.■Ji^ia." -.^UfJMdMnaSitilf «^ Confidential Report on Separate Schools. 121 demanding the erection and support, at the public expenHo, of h Roman Catholic Hierarchical School System, which han aruuaod, to so grout an extent, the people of Upper Canada against permitting the continuance any longer of the provisions of the Law for SopaMte Schools. And it must be acknowledged that a combined secular, with separate religious instruction, is the only safe, just, and defensible system of Na- tional Education. In conclusion, I beg to add a word as to the interference of parties in Lower Canada with the School System of Upper Canada, . . . The feelings, habits, municipal and other institut'.ons, of the iiihabitantH in each Province has been e(|ually and exclusively consulted in their construc- tion and development. . . There has been no intorfer»>nce in Upper Canada with the School Sys- tem of Lower Canada, which has been framed and carried into effect in accordance with the wislies of the inhabitants there, and of their Represen- tatives in Parliament. I deprecate the interference of Bishops and Priests in Lower Canada, or of their Representatives, . . . (as has been alroady exj>erienced,) with the School System of Upper Canada, — the wishes of wh(»'^e inhabitants and their Representatives are entitled to no leas considerati' lan those of Lower Canada, especially when the fundamental princi) >f our School System is eipial and impartial protection to all Religious . aiasions, "^nd equal educational advantages for all. Toronto, January, 1858. Eoekton Ryerson. In connection with this Report, Dr. Ryerson was summoned to Quebec by Sir Ednumd Head. While there, I received from him the following confidential Letter, in I'egard to his visit : — 1. Letter from Dr. Ryerson, (Quebec,) to J. George Hodgins : — {Confidtntial.) — I was desired to come here by the Governor-General's direction, on the Separate School business. The Roman Catholic Bishops, (Dr. Charbonnel is here,) are "moving heaven and earth " to get a Separate School Bill passed this Session ; and the Upper Canada Members of the (Government are determined, if possible, to prevent anything being done on the subject until Parliament goes to Toronto. The enclosed papers have been printed and distributed among the greater part of the Members of the Legislature. They are signed by the Roman Catholic Bishops of Toronto, Kingston, and Bytown, declaring that nothing short of the adoption of the "project" of the accompanying Bill will satisfy the conscientious convictions of (the Roman) Catholics. "'^ • From this description of the " Papers printed and distributed among tlie Members" of the Legislature, it would appear that they are identical with those which were presented to the Government by the three Bishops named, in 1855, and which will be found on pages 81-83 of this volume. 122 U. C. Separate School Legislation. I am g^ad that they have thus committed themselves to a simple dictation as to what they really demand, — which, you will see, is an absolute control of all the taxable property of all classes of the inhabitants of Upper Canada. I, this morning, pointed out to Attorney-General John A. Macdonala, the falsity of each particular of the accompanying comparison between the School Laws of Upper and Lower Canada, when he said they were really "frivolous, whtn not untrue." He was to propose to Messrs. Drummond, Cauchon, and Cartier to meet me on the same subject. I have not yet learned whether they will do so, or no. T have insisted that all the Correspondence which I have had with parties on Separate Schools, since the 1st of January, 1853, should be laid before the House ; and the Governor-General, (Sir Edmund Head,) thought it very desirable. Mr. Joseph Hartman has given a notice of a motion to that eft'ect. I hope that you Avill have it prepared as soon as possible, — including everything that has passed between complaining parties and other parties and me, including my Letter [of 1854] to Bishop de Charbonnel, published in the newspaper some months since. I intend also to include in the Return the enclosed Statemt^nt, (and Draft of BUI,) with refutations of it. You can make notes on it, as it will facilitate my doing so when I get back. . . . There is a strong desire on the part of the Representatives of the English part of Lower Canada to be annexed to Upper Canada in their School System. Sir Edmund Head is very anxious for it. He highly approved oi my Report on the *' New Brunswick College Question ;' and has sent it to the authorities of McGill College, to (-ee if they cannot adopt something of the same kind.* Hon. William Cayley, (Inspector-General,) has admitted to-night that I am right about the division of the Common School Grant of £60,000, between Upper and Lower Canada. Lower Caii.ida now gets £20,000, and Upper Canada £21,000. We had a laughable discussion in regard to it, and referred the question of the. interpretation of the forty-tirst Section of the Upper Canada Common School Act of 1850 to .Judge Badgely, who had come in ; and he, on Mr. Cayley's own statement of the abstract question, (putting his hand on my mouth, and not letting me state the case,) decided in my favour, as to both the £50,000 Grant, and any suc- e3eding Grant for Common School purposes. I also found in Dr. Meilleur's School Report for Lower Canada; that he stated the same thing as I had in regard to the division of the former Grants. I showed it to Sir Edmund * In August, 1854, Sir Edmund Head, then Lieutenant (iovernor of I v Brunswick, appointed Dr. Ryorson, with Hon. J. H. Oiay, (Chairman,) l-.ir. (now Sir William) Dawson, (then of Nova Scotia,) Hon. J. S. Saunders, and Hon. James Brown, (of New Brunswick,) Comniisaioneis, "to enquire into the present state of King's College, [there,] its management and utility, with a view of improving tlie same, and rendeving that Institution more generally useful," etc. Tlie Report, to wliich Dr. Ryorson makes reference, was written by him in December of that year. 1 Spe(iial Report on R. C. Separate Schools. 123 Head, who said that it was practical proof of my correctness. Judge Badgely said that Dr. Meilleur's statement removes all possible doubt as to what had been done on the subject. . . . Quebec, 30th of January, 1858. E. Ryerson. 2. Letter frovi Hon. John A. Macdonald to Dr. Ryerson: — You had better get some, independent Member to move foi^any Report on Separate Schools which you may desire.* Toronto, 28th of April, 1858. John A. Macdonald. CHAPTER XX. SPECIAL REPORT ON ROMAN CATHOLIC SEPARATE SCHOOLS IN 1858. Aftei: confei'ring with Sir Edmund Head in regard to the Confident' \1 Report, which Dr. Ryerson had prepared, at his request, it was considered desirable that the substance of that Report, with such modifications as might be necessary, should be prepared, with a view to its being laid before the Legislature. On his return from Quebec, therefore, Dr. Ryerson prepared a " Special Report " on the Separate Schools, Text-Books, and other matters, and sent it to the Provincial Secretary on the 20th of April, 1868. The renewed agitation, in regard to Separate Schools, rendered such a Report the more necessary, — especially as an effort was then being made to obtain further legislation in favour of these Schools. Mr. Thomas R. Ferguson, M.P., had sought to counteract such efforts, by introducing, as was the habit, ar abortive Bill into the House of Assembly, early in April, 1858 : — To repeal the several Acts, and parts of Acts, authorizing the establish- ment and maintenance of Separate, or Sectarian, Schools in Upper Canada. • On the -ith of May, the House of Assembly, on motion to that effect, adopted an Add-c:?a to the (Jovernor-fienoral, asking for " Copies of any Report, or Reports, that have been made to him by the Chief vSuperintendcnt of Kduca- tion for Upper Canacia, during the present year, on the subject of Separate Schools." This motion had referoni-e to Dr. Ryerson's "Special Report on the Separate School provision of the School Law of Upper Canada," etc. This Report was laid before the House of Assembly on the 7th of May, 1868. 124 U. C. Separate School Legislation. The measure, as was usual, was not pressed to a vote, and no legislation on behalf of Separate Schools took place in that year. Dr. Ryerson felt, however, that it was necessary to counteract the movement which had been set on foot to obtain this legisla- tion, and especially, to controvert the claims whicli had been put forth in connection with it. In the " Special Report," which he had prepared on the subject, he thus explained, (on page 15,) what he believed to be the issues involved ir "this renewed controversy." He said : — Certain Dignitaries of the Roman Catholic Church in Upper Canada, for whose members the Separate School provisions of the School Law were specially designed, have assumed, since 1852, a threefold position, essen- tially different from what they had ever professed. 1. They have advocated Separate Schools, (not as a protection against wrong in particular cases, but) as an institution and agency of their Church, and as a dogma of faith, and a rule of duty binding upcn all their adherents, and in all places. 2. They have advocated the support of these Schools by Municipal taxation, as well as by Legislative Grant, and that according to the number <:f their Chui-ch population, and not according to the number of children they might teach, or even according to the number of those whe might desire Separate Schools for their children, — thus leaving their own Church adherents without any right of individual choice, and the Municipalities, or Common Schorl Trustees, without any power to levy a School rate, to erect a School-house, or furnish a School, or support a Teacher, or for any School purpose whatever, unless a corresponding sum, according to popu- lation, was given in support of the Roman Catholic Church Schools ! 3. They have . . . avowed their great and ultimate object to be the destruction of the National School System of Upper Canada, and have invoked aid from Lower Canada to accomplish it. To show that I am quite correct in my remarks in reference to the first of the positions above stated, it is only necessary to recollect the means which the Roman Catholic Bishop of Toronto, (Dr. de Charbonnel,) em- ployed to enforce his Church teachings, when, in an ofhcial Circular, (or Lenten Pastoral of 1856,) to the Clergy and Laity of his Diocese, he said : — "Catholic electors in this country, who do not use their electoral power in behalf of Separate Schools are guilty of mortal sin. Likewise parents who do not make tho sacrifices necessary to secure such Schools, or send their children to Mixed Schools. Moreover, the Confessor who would give absolutior >o such parents, electors, or le£ slators as support Mixed Schools to the prejudice of Separate Schools, would be guilty of a nioital sin." I may also add, that each of the three Bills prepared and insisted upon i Abortive Separate School Legislation. 125 by the authority of several Prelates of the Roman Catholic Church, in- volved all, and a great deal more, than is implied in the aecond of the above stated positions.* Dr. Ryerson always felt an insuperable objection to the second of the foregoing demands, — that is, that the Municipal assessment and the Legislative School Grant should be appor- tioned " according to the number of the [Roman Catholic] Church population, and not according to the number of children they might teach." On page 13, of his Annual School Report for 185.5, (written in 1856,) he said : — I have re.^8on to believe that it is, by extreme exeitions of ecclesiastical authority that many Roman Catholics can be made to endorse the teach- ings, [enforced by thi<< same authority,] against the character and cherished institutions of a graut majority of the people of Upper Canada. . . . Hence the efforts to deprive them [the Roman Catholics,] of the exercise of choice, by not leaving them to express their individual wishes, from year to year, but endeavouring to include them as a body [in their demands]. . . . Hence, also, the efforts to make Municipal Councils the imposers and collectors of Bates for Separate Schools, on account of the reluctance of many of the ratepayers concerned to pay Rates for the support of Separate Schc^is, and, in order to avoid the contact of Church authority with them. Hence, likewise, the efforts to get apportionments for the support of Separate Schools, not according to average attendance, (which is the principle adopted in regart to Public Schools,) but according io the population in the locality of a whole Religious Persuasion. . . CHAPTER XXI. ABORTIVE SEPARATE SCHOOL LEGISLATION IN 1858-1861. Except for the correspondence in regard to Separate School matters, which took place with the Education Department, no legislation on the subject was attempted in 1859. Mr. Fer- guson re-introduced his Separate School Act Repeal Bill of * For one of these Bills, see The. Correspondence, on Separate Schools in Upper Canada, printed by order of the Legislative Assembly, in a Return to an Address, dated the 2nd of April, 1855. A copy of it will be found on page 85, a reference to this and the others on page 118. I li 126 U. C. Separate School Legislation. 1858, but only as a feint, for it was not pressed to a vote, but was dropped, In 1860, the Hon. G. W. Allan introduced a Bill into the Legislative Council, to modify the restrictions in the sixteenth Clause of the twenty-seventh Section of the School Act : 22nd Victoria, Chapter 64, but it failed to pass during that Session. In that same Session of the Legislature, Mr. R. W. Scott, (of Ottawa,) introduced into the Legislative Assembly the first of his series of Roman Catholic Separate School Bills, which he brought in successively in the following years, 1861, 1862, and 1863. It was read a first time on the 16th of March, 1860. This Bill consisted of five Sections, and provided for the repeal of Sections numbers eighteen, twenty, twenty -three, twenty-nine and thirty-four of the Tachd Separate School Bill of 1855, and the substitution therefor of other sections in their place. In this year, (I860,) the prolonged parliamentary discussions on the Toronto University Question, and the visit of the Prince of Wales, engrossed public attention, that nothing fur- ther took place in the Legislature in regard to Roman Catholic Separate Schools. In 1861, Mr. Scott again renewed his efforts to obtain legis- lation in favour of Separate Schools, and again failed to do so. On the copy of his Bill in my possession, the late Mr. Alexan- der Marling, LL.B., for many years Chief Clerk in the Depart- ment, and my successor in January, 1890, as Deputy Minister of Education for Ontario, has made the following notes : — This Bill is similar in most essentials to that of the Hon. John Elmsley, (see page 117,) with the following exceptions : — 1. Mr. Scott requires a notice by the Roman Catholic Separate School Trustees annually, of the names of their supporters, upon which list the Municipal Collectors are compelled to collect their rates. 2. Mr. Elmsley permits the Municipality to allow the Collector to ascertain who are Roman Catholics, and all such are to be exempted from Common School rates, unless they object ; but he also provides that the Municipality shall collect from the Roman Catholic ratepayers the same proportionate amount as from other ratepayers, from which it is clear that this amount is to go tjo the Separate Schools. 1 amamiimmm ■HflB Failure of Separate School Legislation. 127 3. There is, indeed, a singular coincidence in the purport of the Scott and Elmslcy Bills, although the words in both are different. Mr. Marling then gives the following analysis of each Sec- tion of Mr. Scott's Bill of 1861 :— I. The words, " Village, or Town," are added to this Section, authoriz- ing five heads of families to call a meeting for the election of Trustees. II. Notice to bo given by one Trustee of the meeting for the election of Trustees, instead of by the Roman Catholic inhabitants favourable to the establishment of the Separate School. III. Givcs power to Roman Catholics in different School Sections to unite, as in the case of Wards of a City. (This is the same as in Mr. Elmsley's Bill.) The word "contiguous," used in this Section, is very objectionable, as too indefinite. IV In City and Town Separate School Boards, only one Trustee is to be elected for each Ward. (The same in Mr. Elmsley's Bill.) V. After giving a notice before March in any year, no annual notice is required to exempt ratepayers : a list of supporters of the Separate School, on the bare authority of the Trustees, is to be given to the Municipal Clerk ; and there is no provision for verifying this list ; and this list will also exempt those in "contiguous" Municipalities. VI. This Section takes away the limitation to Separate Schools having fifteen pupils, (which Mr. Elmsley's Bill leaves in,) and gives Separate Schools a share in the Municipal Assessment, (which Mr. Elmsley also does.) VII. This is the same as in the present Law, except as to the oath of Trustees, which is not retjuired. (Same as in Mr. Elmsley's Bill.) VIII. This Section obliges the Municipal Collector to collect Separate School rates. (Mr. Elmsley proposed only to permit them to do so.) Although this Bill was introduced and read a first time, on the 23rd of March, 18G1, yet it never reached a second reading, hut was discharged from the Ordei-s of the Day in the House of Assembly, on the IGtii of the following May. -41 CHAPTEK XXII. FAILURE OF SEPARATE SCHOOL LEGISLATION IN 1862. Early in the year 18()2, Ur. Ryerson souglit to meet the reasonable objections which had been urged against the Tache Separate School Act of 1855, in that it contained no provision 128 U. C. Separate School Legislation. authorizing the establishment of a Roman Catholic Separate School in an Licorporated Village. They could be established in a rural School Section, and in the Ward of a City, or Town, but not in an Incorporated Village. Dr. Ryerson, therefore, submitted the following Dralt of Bill to the Government in the early part of March, 1862, being — An Act to Re.store Certain RifJHTs to the Parties therein- mentioned, IN respect to Separate Schools. Whereas it is expedient to restore to the parties therein-mentioned certain rights of which they were deprived by the Act [of 1856] : 22nd Victoria, Chapter 65, of the Consolidated Statutes of Upper Canada : Her Majesty, by and with the advice and consent of the Legislative Council and Assembly of Canada, enacts as follows : 1. The words, "any Incorporated Village, or Town," shall be inserted between the words, "within" and "any," in the third line of the eighteenth Section of said Act. 2. So much of the thirty-fourth Section of said Act as requires Trustees bo make their Returns or Reports under oath is hereby repealed. 3. It shall be lawful for the majority of the ratepaying supporters of the Separate School, in each School Section, (in two or more School Sections,) whether in the same, or adjoining. Municipalities, at Public Meetings duly called by the Separate School Trustees of each such Section, to form such Section into a Separate School Union Section, of which union of Sections the Trustees shall give notice within fifteen days to the Clerk, or Clerks, of the Municipality, or Municipalities, and to the Chief Superintendent of Education ; and each such Separate School Union Section, thus formed, shall be deemed one School Section for all Roman Catholic Separate School purposes. 4. The twenty-ninth Section of said Act : 22nd Victoria, Chapter 65, shall be amended as follows : After the first notice retiuired to be given to the Clerk of the Munici- pality by the supporters of a Separate School Section, each subsequent annual notice reijuired by Law to be given, of the names and residences of the supporters of a Separate School in any rural School Section, City, Town, or Incorporated Village, shall be given in writing by the Trustees of such Separate School ; but subject, in case of incorrect returns, to the penalties imposed by law on School Trustees in case of other false returns. 5. The Roman Catholic Separate Schools, (with their registers, ) shall be subject to such inspection as may be directed, from time to time, by the Department of Public Instruction for Upper Canada. Dr. Ryerson accompanied this Draft of Bill with the follow- ing explanatory memorandum. He said : — 1 Failure of Separate School Leglslation. 129 No new principle is introduced ir^to this Draft of Bill, nor does it contain any provision, (except those of the last Section,) which was not embraced in the Common School Acts of 1860 and 1853. The framers of the Roman Catholic School Act of 1855 aimed to assimi- late the Separate School Law of Upper Canada, with the Dissentient School Law of Lower Canada, but they were ignomnt of the effect of some of the provisions of their Act, arising from the Municipal System of Upper Canada, in connection with School Sections, Assessments, etc. The provisions of the accompanying Draft of Bill only restore to the parties concerned rights of which they were deprived by the Roman Catholic Separate School Act of 1855. I will now advert to the specific provisions of the accompanying Draft. 1. The supporters of a Separate School cannot establish a Separate School in an Incorpcjrated Village, nor in a Town, as such, though they may establish a Separate School in any School Section, or any Village not incorporated, and in any Ward of a [City or] Town. Such anomalies should, of course, be corrected, as the first Section of the Bill proposes. 2. Since 1856 the managers of Dissentient Schools in Lower Canada have not been required to make their Returns and Reports on oath ; nor is there any reason why the Trustees of Separate Schools in U^pper Canada should be recjuired to do so, especially Jis the penalties are the same for making a false Return, or Report, whether made on oath, or not, as the ordinary Trustees are not required to make their Reports, or Returns, on oath, and Separate School Trustees were not reijuired to do so before they were required to do so by the Tache Bill of 1855. The second Section of the Bill provides to abolish this invidious and needless anomaly. 3. Two or more Common School Sections can be united into one ; nor is there any just reason why Separate School Sections should not be allowed to do the same, as is provided by the third Section of the Bill. 4. The requiring each individual supporter of the Separate School to go and notify the Clerk of the Municipality annually, imposes a needless trouble and burden, after the first such notice ; and when the School is once organized, the annual notice of the names and residences of the supporters of the Separate School is quite sufficient, as the only object of such notice is to give the Municipal Council such authentic information as to the parties and properties to be exempted from Common School Taxes, and as the Trustees are liable to a penalty if they insert any name in their notice," without the authority of the bearer of it. 6. The fifth Section has been prepared with the consent of the Heads of the parties concerned, upon the principle that Schools thus receiving public aid upon definite and periodical Returns, should be subject to such examination, from time to time, as may enable the Department which pays the money, to ascertain whether the conditions of its payment have been fulfilled. Toronto, March, 1862. E. Rybrson. 130 U. C. Separate School Legislation. et THE BISHOP LYNCH APPOINTMENT EPISODE IN 1862. In order to emphasize his desire to secure the continued co-operation of the Representative of the Roman Catholic Church in Toronto on the Provincial Council of Public Instruc- tion, Dr. Ryerson wrote the following Letter to the Provincial Secretary on the subject, and Dr. Lynch was appointed : — I have the honour to submit to the favourable consideration of the Governor-General-in-Council, the appointment of the Right Reverend Doctor Lynch, Roman Catholic Bishop of Toronto, as a Member of the Council of Public Instruction for Upper Canada, in place of the Right Reverend Doctor de Charbonnel, who has removed from the country. I am happy to be able to add, that Bishop Lynch has authorized me to present his name for this appointment ; and that between his Lordship and myself an entire agreement has been come to on the Separate School provisions of the Law. Toronto, loth of March, 1862. E. Ryerson. When it was known that this appointment of Bishop Lynch had been suggested to the Government by Dr. Ryerson, he was called to account, in the leading newspaper in Toronto, for it, on the ground that he had called on the Bishop to secure his influence in favour of the Government candidate in Toronto. To this charge Dr. Ryerson replied, through The Leader news- paper, on the 29th of April, 1862, as follows : — I never called upon Bishop Lynch in behalf of the Government, much less did it submit a School Bill to him. . . . In respect to what occurred between Bishop Lynch and myself, it may be proper for me to remark, that my first conversation with Bishop Lynch was to ascertn,in how far we were agreed, or could agree, as to the correc- tion of acknowledged anomalies and inecjualities in certain provisions of the Separate School Law, as it now exists. The Bishop had already reduced his views to writing, and on comparing his notes with mine, there was found to be little difference. It was then proposed that his Lordship should, on an appointed day of the following week, call at the Education Office, when I would have the proposed measure prepared in the form of a Bill. On the appointed day, the Bishop, with the Very Rev. Angus Macdonell, Vicar-General, of Kingston, called at the Education Office, when we consi lered the whole question, and agreed in our views respecting it — not involving the introduction of any new principle, but the restoration of rights and privileges which were actually enjoyed by Roman Catholics under the School 4ct9 of 1850 and 1853, but which were taken away by \4 :':■:■ ,*1*I4*»»'*W ft .:; Failure of Separate School Legislation, 131 the Roman Catholic Separate School Act of 1855, prepared, though it was^ by the Hon. L. H. Drummond, and under the auspices of certain Ruman. Catholic Bishops, but in ignorance of the working and effect of some of its provisions, arising from the nature of our Municipal Institutions. It is but just for me to remark, that I found the views of Bishop Lynch, as also those of another Roman Catholic Bishop, [Horan, of Kingston, see* his Letter, page 133,] with whom I have had communication on the subject, moderate and constitutional, appreciating the rights of citizens and the institutions of our country, as well as the interests and institutions of their own Church. In these high ([uarters, 1 must say that I heard no such pretensions or assumptions as those involved in some of the provisions of the Roman Catholic Separate School Bill, now before the Legislative Assembly, and introduced by Mr. Scott, of the City of Ottawa, who seenia to have become the organ of an ultra party in the Church of Rome, that has caused much trouble on the Separate School ({uestion in Upper Canada. Mr. Scott's present Bill is very ditferent from the moderate and reasonable- one which he introduced two years ago. Some of the provisions of Mr. Scott's present Bill are unobjectionable ; others are impracticable, and must cause endless disputes ; others are inconsistent with rights of Municipali- ties and citizens, and such as, I think, no Member of the Legislature can constitutionally consent to. If Mr. Scott's Bill be pressed, I hope, for the honour and character of Upper Canada, it will be rejected by the united vote of both parties of Upper Canadian Representatives. (Note. — See Mr. Scott's personal attack on Dr. R/erson, (in regard to this Letter,) on the next page. ) Dr. Ryerson then proceeds to give a generous and a genuinely patriotic reason why the wishes of moderate and reasonable Roman CathoUcs should be met, in removing anomalies and impracticable provisions in the Separate School Act. He said : I feel that I am not second to Mr. Scott himself in my desire to see- every needless impediment removed to the easiest possible working of the Separate School Law. Some months since I took the liberty to suggest to a Member of the Government, that, as this was the first Session of a new Parliament, and, as the Roman Catholics had shown as much loyal feeling and British enthusiasm as any other class of citizens, in the late apprehended collision between Great Britain and the United States, [in regard to the Mason and Slidell "Tren^ afiair,"] and as the French of Lower Canada had unani- mously evinced that feeling in a manner beyond all praise, and some ofi their Bishops had sent out the most patriotic Circulars on the subject,, the Government and Parliament could very appropriately and gracefully respond to such a noble manifestation of national loyalty and patriotism^ 132 U. C. Separate School Legislation. by removing all that is justly objectionable in the Roman Catholic Separate School Law ;* but the accomplishment of so just and legitimate an object is very different from perpetrating so great an act of injustice to Upper Canada, and indicting so flagrant a wrong upon many of its citizens and institutions, as the passing of Mr. Scott's present Separate School Bill. Toronto, 29th of April. 1862. E. Ryerson. When this Letter reached Ottawa, on the .'iOth of April, Mr. R. W. Scott took occasion, on tlie next day, to raise a " ques- tion of privilege," in regard to it, and to assail Dr. Ryerson for liaving written such a Letter, instead of replying to one from luni, which, he stated in the House, he had written to Dr. Ryerson, enclosing a copy of his Bill, two weeks before. In this statement, Mr. Scott was entirely astray. I have the copy of that Letter, and it is dated on the " 26th of April, '62." Dr. Ryerson did not receive it in Toronto until the 28th, and, on the next day, (the 29th,) he, very properly, wrote the Letter in The Leader, which caused Mr. Scott to raise his " question of privilege." In doing so, he said : — In his opinion, the conduct of the Chief Superintendent of Education, — a paid Ofhcer of the Government, — in the course he had taken, was very censurable. Nearly a fortnight ago, he had sent him a copy of his Bill, with a request that he would express his views thereon. But, instead of replying to his communication. Dr. Ryerson came out in a strong Letter to The Leader, in which he thought proper to indulge in unwarrantable reflections on himself personally, and called on the Mem- bers of both sides of the House to throw out the Bill. He asked, if the House was. in that manner, to be dictated to by Dr. Ryerson ? ... It really was monstrous that, in this way, the Commons of Canada should be lectured and dictated to by their salaried servant. —{Globe Report.) To this gratuitous attack on Dr. Ryerson by Mr. R. W. Scott, the Hon. John A. Macdonald replied as follows : — * Tlie only response wliich this warm-hearted tribute to the kintlneas and loyalty of our Roman Catholic fellow-subjects called forth from Mr. R. W. Scott, in the House of.Assenibly, on the 1st of May, 1862, was the following : — " It was nothing more than a gratuitous impertinence for Dr. Ryerson to coun- Bel that a Separate School Bill should be grunted because, forsooth, the Roman Catholic Bishops wrote to the Cur^s to extend their hospitality to the troops which were sent to defend the country. . . . He asserted that it was an insult to the people of Canada that such language should be used by their paid officer." — (The Globe Report of Mr, R. W. Scot(\s remarks on his '* Quedion of Privilege," in the House of Ameirtbly, on the 1st of May, 1862.) I f Failure of Separate School Legislation. 13a He thought it scarcely fair to a functionary holdin}{ the high and impor- tant position of Dr. Ryerson, for tho Member for Ottawa to refer to him aa he had done. It was a very proper wish for him to desire to set himself right, and he ought not to have taken the opportunity of attacking the Chief Superintendent, aH he had done. If he thought that Dr. Ryerson had behaved as lie ought not to have done, it was nothing but reasonable that the attention of the House should be called to the act of wrong-doing. But this course should not have been taken without due notice being previously given, in order that a full opportunity might be allowed to such functionaries to defend themselves. So far as I have been able to ascertain, Mr. R. W. Scott never publicly made the amende honorable for this j^ratuitous and unjust attack on Dr. Ryerson, — the result of his own absurd mistake. (Privately he acknowledged it, however ; see page 140. ) Mr. M. C. Cameron gave him an opportunity to do so; but h© remained silent, when, on the 8rd of June, 1862, (more than a month after he had made his attack,) Mr. Cameron said : The promoter of this Bill, on a former occasion, used very strong lan- guage in disapproval of Dr. Ryerson's conduct. He was now disposed to accept that gentleman's view, as more favourable to himself. The "promoter" of the Bill, however, preferred to sit stilly and leave to others the duty which he should have been chiv- alrous enough to have cheerfully performed.* private letter from bishop KORAN, OF KINGSTON. Immediately after the conference at the Education Office with Bishop Lynch and Vicar-General Macdonell, as men- tioned in the Letter, (on page 130,) Dr. Ryerson sent a copy of his Bill, " to Restore certain Rights," etc., to the Right Reverend Doctor E. J. Horan, Bishop of Kingston, for his information. In reply, Bishop Horan said : — I have read with attention the proposed amendments to the Roman Catholic Separate School Bill, which you were so kind as to send to the * I wrote two notes to Mr. Scott early in this year, (1897,) in regard to the "finality" of the Roman Catholic Separate School Act of 1863, — and inciden tally in reference to the apparent discrepancy,— which, in his Senate Speech of April, 1894, he failed to notice, or explain, — respecting the presence of two of the Roman Catholic Clergy, (instead of one,) at the conferences between him and Dr. Ryerson, settling, in 1862 and 186.3, the terms of the Separate School Bills of those years. Mr. Scott had, therefore, thus another opportunity to make any statement, or explanation, he pleasetl, had he wished to do so ; but he neither acknowledged, nor replied to, either of my Letters. — J. G. H. 134 U. C. Separate School Legislation. II ' "Vicar-General (Miicdonell) for his peruHal and mine. I thank you for this mark of courtesy, and shall always endeavour to make myself deserving of it. I fear that your proposed amendments are not sufficient, and that they -would not do away with the principal difficulties we met with in establish- ing and maintaining our Schoo'" If there is to be imy legishi u this matter, as T hope there will be, it should be of a kind tu set is l^/Ug-vexed question at rest, by dealing •with the true grievances of which Roman Catholics complain, and granting them those rights to which they have an unquestionable claim. I have made out a draft of the points, which I consider should be embraced in any amendments to the present Law. I am aware that all is not contained in what I propose ; but still, I believe, an Act containing those points would give very general satisfaction. I should feel most happy. Rev. Sir, if your views on this subject could coincide, as I then could hope, with the help of your powerful influences, to obtain for my co-religionists a boon they have so long desired. . , . Your much obliged Servant, KiNOSTON, 22nd of March, 1862. + E. J. Horan, Bp. of Kingston.* CHAPTEK XXIII. PRIVATE AND CONFIDENTIAL LETTERS IN REGARD TO THE ROMAN CATHOLIC SEPARATE SCHOOL BILL OF 1862. The Separate School Bill, to which Dr. Ryerson refers, in his Letter to The Leader, of the 29th of April, (page 130,) was introduced into the House of Assembly by Mr. Richard W. Scott, of Ottawa, on the 7th of that month. On the 26th of that month he enclosed a copy of it to Dr. Ryerson, then in Toronto, expressing a hope, in his Letter of that date that the Bill would meet with his approbation, and added, in his Letter, that he wanted the Bill " to be a tinality. Three days after writing this Letter, Mr. Scott, (on the 29th,) * I knew Bishop Horan when he was Principal of the Laval Normal School. He was a most interesting man to meet and converse with. He was conse- crated Bishop of Kingston, in succession to Bishop Plielan, on the 1st of May, 1858, and died on the 16th of February, 1875. ■^7^ Private and Confidential Letters. 185 moved the second reading of his Bill, and, on the Ist of May, made an attack on Dr. llyerson for not replying to that Letter. The Bill, having paHsed the second reading, wjis referred to a Special Committee of the House of Assembly. Its history and untimely fate is best detailed in the following private and confidential coiTespondence which took place in regard to it : — (1. TeiegraTn from Dr. Ryerson to the Hem. John A. Mac- donald : — Will endeavour to see you on Monday. Toronto, 11th of Maich, 1862. I write a few lines this evening. E. RVERSON. ) 2. Letter from the Hon. John A. Macdonald to Dr. Ryerson: I send you a copy of the Separate School Bill, and would like to have your opinion on the subject as soon as you can conveniently send it.* Quebec, 28th of April, 1862. John A. Macdonald. 3. Telegram from Dr. Ryerson to the Hon. John A. Mac- donald : — Scott's Separate School Bill most objectionable and injurious. It ought, by all means, to be rejected. Have written. See my short remarks and appeal, [of the 29th of April, 1862,] against the Bill in yesterday's Leader.^: Toronto, Ist of May, 1862. E. Ryerson. 4. Note from Dr. Ryerson to J. George Hodgins : — I see that I must adopt very prompt and decisive measures against Scott's Separate School Bill. I wish you would liave the enclosed Tele- grams written out, . . . and send them immediately to the Hon. John A. Macdonald, to my Brother William, and to Mr. Alexander Morris. Those to my Brother and Mr. Morris must be paid. I am gaining ; but am getting on slower than I had expected. | Toronto, May the Ist, 1862. E. Ryerson. * The succeasive Roman Catholic Separate School Bills introduced by Mr. Scott into the House of Assembly, are as follows : — Bill No. 69, Received and Read, 16th of March, 1860; Bill No. 11, Received and Read, 23rd of March, 1861 ; Bill No. 2, Received and Read, 7th of April, 1862 ; Bill No. 3, Received and Read, 27th of February, 1863 — four Bills in all. The only one which became Law was that of 1863. t This Letter will be found on page 1.30. X Dr. Ryerson was ill in be venienco of the supporters of Separate Schools. I herewith enclose you a copy of the Bill, as agreed to, and amended, so that you may use it, as well as this Letter, in such a way as you may think proper, in your place in the House. Quebec, 1st of June, 1862. E. Ryerson. i' ^if: Private and Confidential Letters. 139 12. Letter from Dr. Ryerson, (Quebec,) to J. George Hodgins : Yesterday morning the (Rev. Angus Macdonell) Vicar-General of Kingston, — acting on behalf of the Roman Catholic Bishops of Toronto and Kingston,— and the Rev. Mr. Cazeau, Secretary of the Archbishop of Quebec, as Representatives of the Authorities of the Roman Catholic Church, accepted the Separate School Bill, as proposed to be amended by me, and agreed to by Mr. R. W. Scott ; and afterwards us four waited upon the Premier, (Hon. J. S. Macdonald,) and informed him of the result of our consultation, and the desire of the Authorities of the Roman Catholic Church that the Government would affirm and facilitate Mr. Scott's pro- ceeding with the Bill. The Attorney-General, J. S. Macdonald, was much pleased, and afterw^ards complimented me, as having done wonders by coming down from Toronto ; and he said that he would assent to whatever I had agreed to. . • . The Attorney-General is much pleased and amused that the Separate School (juestion thus falls to his (Jovernment to settle with so little trouble, or action, on their part, and that it is left to him to recommend the appointment of the Roman Catholic Bishop of Toronto as a Member of the Council of Public Instruction, (page 130). He says he will in((uire about it inunediately, and have the appointment made and Gn~.etted. It is by procrastination and neglect in such matters that the late Administration have lost immensely even among their warmest sup- porters. ... If anything important occurs, I will write to-morrow night. Quebec, 2nd of June, 1862. E. Ryer.son. 13. Letter from J. Qeo^ye Hodgins to Dr. Ryerson, Quebec : — I received a copy of Mr. Scott's amended Separate School Bill to-day. . . . I can scarcely believe it is the one which, by telegraph, Mr. Scott says that you had agreed to. The word "adjoining," in the eighteenth line of Section three, will give rise to disputes. I fear that it conflicts with the like restriction in the Common School Act. When those Separate Schools can be thus united, the residence of the Trustees should be within such united Sepa- rate School Section. Section four does not provide for the notitication to this Office of the establishment of a Separate School. I fear that the word "contiguous," in lines three and six, in Section five, is too indefinite. . . . I think thAt Sections eleven and fourteen cover too much ground, and will have the affect of exempting too many persons as mere "supporters " of the Separate School. The words: "other School Sections," in liTie eight of Section eleven, are also (juito too indefinite. The words : " Muni, cipality and Municipalities," in Section fourteen, are also too wide in their application to tlie case of Separate Schools. . , « 140 U. C. Separate School Legislation. The principle of Section twenty-three is a sound one ; but it is question- able whether the Council of Public Instruction should have the power of appointing Examiners. Section eighteen unwisely reverses the present arrangement, and will be too onerous on those who wish to support the Public Schools. Section nineteen conflicts with Section three, and will load to disputes. The second part of that Section is good in itself ; but it will also lead to disputes in determining the "three miles." Section twenty will have the eflfect of drying up the Clergy Reser\e Fund, which is now applied to the Common Schools. . . . The Municipalities may object to the Fund being claimed under this Section by Separate School Trustees. Sections twenty-six, twenty-seven and twenty-eight are, to my mind, very objectionable. There is no provision in the Act for the inspection of Separate Schools. Toronto, 4th of June, 1862. J. Georoe Hodoins. 14. Letter from J. George Hodgins to Dr. Ryerson, Quebec : — It is well that you got down to Quebec in time to modify Mr. Scott's Separate School Bill. I sea by the telegram from Quebec, that he has withdrawn it, chiefly owin^ to Mr. T. R. Ferguson's opposition. . . . Toronto, 6th of June, 1862. J. George Hodoins. 15. Letter from Dr. Ryerson to J. George Hodgins: — I left Quebec last night by steamer. . . . You have seen that Scott's Bill is thrown out. A strong feeling was excited against him in the House on account of his statement that I had approved of his Bill, and then his attack upon me, and his statement that he had enclosed it to me fi'om Ottawa during the rece>^s. I showed him from his own Letter to me at Toronto, that it was dated at Quebec on the 26th, only three days before he moved the second reading of his Bill, on the 29th. . . . He was deeply mortified, and admitted that he was wrong. . . . Montreal, 7th of June, 1862. E. Ryerson. DR. HYERSON'S DETAILED PROCEEDINGS IN REGARD TO THE SCOTT SEPARATE SCHOOL BILL OF 1862. In addition to these Private and Confidential Letters, Dr. Ryerson, in July, 1862, wrote several others to the Editor of The Jjeader, in reply to the attacks which were nmde upon him, for having, (as asserted in The Globe newspaper at the time,) become an — Private and Confidential Letters. 141 Arch-traitor to destroy the work which he had employed nearly eighteen years to establish and mature, — namely, the Common School System of the country. After dealing with other matters in his Letters to The Leader, lie thus referred to the third abortive Roman Catholic Separate School Act of Mr. Scott, of 1862 :— When Mr. II. W. Scott, of Ottawa, introduced, during the late Session of our Legislature, his Separate School Bill, incorporating several extreme provisions in it, ac the suggestion of the Ultramontane party in Toronto, that prompted Bishop de Charbonnel in his extravagant pretensions and wicked crusade against our School System, I rose from a sick bed to publicly entreat tlie Members from Upper Canada to reject so objectionable a Bill, — the author having sent me a copy of it only three days before he moved its second reading ; but as he had impressed the House with the belief that I a[)proved of the Bill, a majority voted for its second reading, with a view to refer it to a Select Committee, wliich pruned the Bill of some of its extreme provisions, and reported it, as atnended, for the adop- tion of the House. Now, were there one particle of truth in the statement, that I was conspiring with the Herman Catholic Bishops, and their agents, to subvert our School System, I would, of course, not have objected to Mr. Scott's Bill, as introduced by him ; much less would I have objected to it as amended by a Committee of Upper Canada Members of the Legislative Assembly. But proceeding to Quebec as soon as I was able to travel, . . I saw a copy of Mr. Scott's Bill, as aniended by a Select Com- mittee, which, it seems, was induced to consider the Bill before I could get to Quebec, and reported upon it the day previous to my arrival there. I at once objected to any legislation at all on the subject, except under the auspices of the Government, who, I maintained, were responsible for the protection of the School System, as wtll as for the judicial and financial system, and for any and all measures necessary to correct the evils or remedy the defects of the one as well as of the other. Two Members of the present Administration, to whom I stated my objections and views, admitted their validity. I also objected to several provisions of the Bill as amended by the Committee ; but it being understood that the Government would assent to Mr. Scott's proceeding with the BiL, provided it were amended so as to meet my views, he consented to the erasure of the clauses to which 1 objected, and to the insertion of the further amendments whish I proposed. And what were those clauses and amendments '. . . . The Select Committee had purged Mr. Scott's Bill of several of its Ultra montane provisions, such as that of making the Priests ex-offi,cio School Trustees, with power of taxation, — a provision not admitted in Catholic 142 U. C. Separate School Legislation. France, or Belgium, or even in Austria. But the Bill, as reported by the Committee, permitted Trustees of Separate School Sections to form Union Sections to any extent they might please. To thi.s I objected, and insisted that the ratepaying parents should be the judges as to forming Union Sections for Separate Schools, as well as for Common Schools ; and, of course, they would not agree to any Union Section eo large as to prevent their children from attending the School, and especially as the Bill pro- vided, (as amended by the Committee,) that no one should be recognized as a supporter of a Separate School who should reside more than three miles from it. My amendment was admitted. Again, the Bill, as originally, introduced, exempted the supporters of Separate Schools from paying Public School Rates, in whatever part of the Province their property might be situated. The Committee limited the exemption to the Municipality of the Separate School supporters. I insisted that the exemption should be limited to the School Section, as all property in each School Section should be liable for the education of the youth of the Section — as it was by the joint labours of such youths and their parents that the value of property in such Section was created or maintained. My amendment was admitted. By the Bill, as reported by the Committee, it was also provided, that the Council of Public Instruction should appoint a Board of Examiners in each County for examining Separate School Teachers and giving them Certificates of Qualifications. 1 was aware that under the present Separate School law, — Trustees of each Separate School give the Certificates of Qualifications to their Teachers ; such Teachers have no public standing in comparison of the Teachers of the Common] ScIkjoIs ; that many of the Teachers of Separate Schof the authorities of the Church to watch legislation on school matters,) and tlie Reverend Secretary of the Roman Catholic Archbishop of Quebec, (ihe Head of the Roman Catholic Church in Canada,) to meet me in the 144 U. C. Separate School Legislation. Parliamentary Library, wliere we discussed the provisions of the Bill, and where they accepted it on the part of the authorities of the Roman Catholic Church as finally amended in its present form ; after which two copies of the Bill, as thus agreed upon and accepted, were made, — the one for Mr. Scott, and the other lor myself ; and the parties concerned waited upon the head of the Administration, and informed him that they accepted the Bill as thus modified, and requested the assent of the Government to Mr. Scott's proceeding with the Bill. . . Every one who examines this third and expurgated edition of the Bill, will see that it brings back the School system in respect to Separate Schools, as near as possible, to what it was before the passing of the Roman Catholic Separate School Bill of 1865. . . . This is an object I have been most anxious to accomplish. It was with this view that, before the late Session of Parliament, I conferred with Roman Catholic Bi shops in Upper Canada, within whoso dioceses most of the Separate Schools are established, — resolved that if they, abandoning the extreme pretensions of Bishop de Cliarbonnel, desired nothing more than that the amendment of the Separate School Law of 1855, so as to restore to the supporters of Separate Schools what that law deprived them, I would reconunend a measure to that effect. (Page I'M.) 1 felt no disposi- tion to renew the causeless, and, to Roman Catholics, injurious Separate School agitation of Bishop do Charbonnel, but the simple removal of evils caused by the Separate School Bill of 1855, which was one of the fruits of the Charbonnel agitation. I accordingly prejiared a draft of Bill of former claims which was accepted, entitled, " An Act to restore to parties therein named certain rights which they heretofore enjoyed, and of which they have been deprived by the Separate School Act of 1855." . . (See page 128.) It is a fact, known to the country, that from the commencement of the Ultramontane Separate Scliool agitation, under Bishop de Charbonnel, down to the Ultramontane Separate School Bill introduced into the Legislature at its late session, by Mr. Scott of Ottawa, I have both publicly and privately resisted every measure or clause that would, in the slightest degree, weaken our Common School System. Toronto, 10th of July, 1862. E. Ryerson. Discussion in the Anglican Synod in 1862. 145 CHAPTER XXIV. SEPARATE SCHOOL DISCI SSTON IN THE ANGLICAN SYNOD IN 1862. During several years preceding 1802, the Anglican Church, through its Toronto Synod, invariably petitioned the Legisla- ture annually on behalf of Church of England Separate Schools. It took no part, however, in the current discussions of the day on the subject of Roman Catholic Separate Schools, except to base its argiunent for Church of I'higland Separate Schools on the existence of tliose for Roman Catholics, under the authority of the Legislature. It claimed etpial rights, — that was all. Being a Lay Representative in the Synod of June, 18(52, from the Cathedral Church of St. James, Toronto, I naturally took part in the discussion on Church of England Separate Schools, when the yearly question on the subject came up. I took occasion to refer to the proposal which Dr. Ryerson had then made to the Government, in the preceding March, to pro- vide a wa}'" by which "tiie most needy and neglected" children in Cities and Towns might be reached and educated. In this matter, I said, that he had consulted the Bishop and other ex- perienced men on the subject. For this Tlie Ulobe censured him. When the Report of a Committee of the Synod, in favour of Church of England Separate Schools, came up for adoption, I objected to a statement in it to the effect, that, in Dr. Ryerson's Bill, he liad " conceded the just claims of the Church of England." The following report of my remarks in the Synod is taken from The (rlohe newspaper of the time.* I said : — * Several Meinheis of the Synod took pint in the dehate, but I only insert the rcniarits wliich I made, witli a view to explain the nature of the Special School Bill then proposed, in regard to " needy and neglected children," and also to point out what liad been done, up to that time, on the general subject of School Legislation. If 146 U. C. Separate School Legislation. r-ii In thiit Bill, the words: "Church df Enj,'laii(l,'' did not occur at all. Even the words: "Separiite Schools," hiid no place in it. But it was Himply j)ropo8ed, in that Bill, to meet a want, and to supply a deficiency which was felt in all the Cities and Towns. He had no duuht his Lordshij), the Bishop, from his long experience in those matters, and his long acquaint- ance with the Chief Superintendent of Education, nuist have arrived at this conclusion, that all his amendments to the System of Public Instruc- tion in this country had been of a directly practical character. The measure which Dr. Ryerson prepared last winter, and submitted to his Lordship, and, he believed, to the other Prelates of the Church in this coun- try, and which, he believed, received their sanction, was of this nature : We were aware that, in t lie Cities i.nd Towns of Upper Canada, there was a large proportion of the juvenile population which never attend any School whatever, Se[)arate, Connnon, or even Sunday Schools. We were also aware that the agitation against the continuance of the Common School System in the Cities and Towns, on account of its great expense, had been repeatedly urged. A learned gentleman on the Bench (Mr. .Justice Hagarty) had freijuently, in his Charges, called attention to this growing evil in our midst. We all admitted the existence of the evil ; but parties were divided as to how it should be remedied. He believed he might separate those who entertained different views on the subject into three classes. Fird, there were those vho contended that the Common School System was unjust, that it taxed the people heavily to support the Public Schools, but that it failed in bringing within their influence those very portions of the j»opulation for whose benefit they were intended. They said, therefore, that the great expense to which the Cities and Towns were put on account of the Conmion Schools, was comparatively lost. , . . There was another part of the community, whose views the Chief Superintendent had endeavoured to meet, and which, after all their talk on Separate Schools, had probably the deepest hold on the hearts of every one present. The Chief Superintendent's object was to meet the religious feelings jind sentiments of the country, not exclusively of the Church of England, but of every Protestant Denomination in Upper Canada. His object was not to change, but to supplement the Common School System, and to bring within the doors of some School-house the children now wandering about our streets, and being educated in the School of theft and vice. Dr. Ryerson had for years revolved it over and over again in his mind, how he could meet this difficulty, whether by adopting the views he had just referred to, or the view of the very small minority, the third party, those who were anxious to have a law passed, called in other Countries a Truancy law, to compel all children, if Schools were provided for them, to attend those Schools, or else to give a good account of themselves. One party, then, consisted of those who objected to the Common School Discussion in the Anglican Synod in 1862. 147 System, on account of itH great fcx|)en30, and sought, by niuans of Separate Schools, to meet the ditticulty, and to lessen the expense. Mr. J. a. Hodgins gave notice that he would move, as an amendment to the Resolution to he moved by Dr. Bovoll, and seconded by Rev. W. S. Darling, the following : — That, us members of the United Church of England and Ireland in this Diocese, we do not desire to seek any interference with the Common School System, as establislied by law, or to demand exclusive privileges not at present shared in e(|nally by other Protestant Denominations in Upper Canada. Dr. Bovell moved the following Resolution : — That a respectful Memorial be again presented to the Legislature, setting- forth the continHen the Separate School question, (if he can maintain it), which localls the days of Hincks. . . . In regard to the Separate School Bill : I think that Section six, in its present shape, is decidedly objectionable ; but Section twenty is very much more so. This latter Section provides that the Roman Catholic Separate Schools shall share in all Municipal School Rates, and all Municipal Grants for Common School purposes, whether the Separate School supporters have contributed to these Rates and Grants, or not. I, of course, do not refer to the Rates required to be raised by the County Council, as an equivalent to the Legislative School Grant, but I refer to Grants which may be made by Township, Town, or City, and County Councils, under the authority of the Municipal, (not School,) Act. The Section, if passed, will have the effect of drying up, (or diverting entirely from Common School purposes,) the Grants from the Municipal Clergy Reserves Fund ; and thus the Separate School Act will come rudely into collision with the policy and traditionary instincts of Upper Canada, in preventing this Fund from being applied, (as has been so long and so often advocated,) to Common School education. The twenty-second Section should provide for the Separate School Returns being made according to a form provided by the Education Depart- ment for that purpose, as in the case of the Common Schools. There is one omission in the Separate School Act, — if the design was to .restore the provisions of the former Acts of 1850-53 ; and that is, that the supporters of Separate Schools are not required to pay to the Separate School a rate, or 8ubscri})tion, equal to what they would have had to pay to the Common School, had they not been separated from it. As it is, any supporter in one County of a Separate School in an adjoining County, (to the extent of even a few cents), can escape all County, Township, or School Section, rates altogether ! We well know what a premium this will be on pure seltishness. Toronto, 18th of March, 18G3. J. George Hodcia-s IM. Fronn Dr. Ryerson, Quebec, to J. George Hodgins : — Mr. McGee made a very good speech last night about paying faithful and efficient public servants good salaries. I will try and turn it to your account. ... I ».'n to take a family dinner with the Attorney-General, (J. S. Macdonald), this evening, as I have not been able to accept the two previous invitations. ... 1 think that the trouble in the Government, on account of the Separate School Bill, is not yet over. I think I 1 1 158 U. C. Separate School Legislation. mentioned to you before, that I believe that the patched-up difficulty is to be settled by getting some friend of the Government to introduce some unimportant amendment, or amendments, to the Separate School Bill in the Legislative Council, so as to have it brought again before the House of Assembly, when each supporter of the Government there, or a majority of them from Upper Canada, was to support the Bill. But I understand that the Opposition in the Council are on the alert, and Col. Tache, Messieurs Ross, Shaw and others are going to support the Separate School Bill there intact, and they will probably have a majority, while the professed supporters of the Government will be in the odd position of striving to amend a Government Bill, and the Opposition supporting it without amendment I Tf the Attorney-General does not, in some way, have the vote of a majority of the House from ITpper Canada in favour of that Bill, I do not think he will have it to become law. He is determined that his professed supporters of the Government will support it on its declared policy in regard to settling the Separate School and the Represen- tation question, or he will leave them to their fate. Quebec, 17th of March, 1863. E. Ryerson. 14. Tdegram from Dr. Ryerson, Quebec, to J. George Hodgintt: Get five thousand copies of the present and proposed Separate School Act, as compared, printed, folded and sent in parcels of one hundred each to Mr. Spink, (Parliamentary Distribution Officer,) by express, without a moment's delay. Send them daily, us printed. Quebec, 13th of April, 1863. E. Ryer.son. 15. Letter from Dr. Ryerson, Quebec, to J. George Hodgins: — The Members of the Government, and of all parties, have thanked me most heartily for the analysis and comparative view of the Separate School Law (of 1855) and Bill (of 1863).* Nothing that I have done, or written, since the de Charbonnel controversy seems to have been so popular. Mr. Skead, of Ottawa, (successor of the Hon. Mr. Vankoughnet,) wished me to get a thousand copies for him, to send among his constituents, and otiier Members expressed a desire to have large numbers for the same purpose. . . . The Attorney-General called upon me yesterday and said many agree- able things. . . . It is very pleasant to be on such good terms with the leading men of both parties, without being suspected of either, and it being oerfectly understood by both that I take no part in their party intrigues, nor ever betray them. . . Quebec, 13th of April, 1863. E. Ryerson. * This ' ' Analysis and Comparison " is appended to Dr. Ryerson 's annual report for 1862, pages 160-170. Passage of the Scoti' Sep. S. Bill, of 1863. 159 16. Letter from J. George Hodgina to Dr. Ryerson, Quebec : — Your telegram was received, and I put the matter in hand at once. I Bent a copy of the "Comparison" to The Leader some days ago, with a private note, recpieating the Editor to give it prominence, so as to allay the agitation on the subject. He did so, and inserted the whole document, with an Editorial Note. He again refers to the matter to-day. The Globe gives no inkling of the contents of the Name paper which I sent to it. . . . I see ih&t The Qxehec Mercury is quite jubilant over this " Cimiparison of Separate School Acts of 1855 and 1863." . . . Toronto, 14th of April, 1863. J. George Hodoins. 17. Letter from Dr. Ryerson, Quebec, to J. George Hodgina: — I telegraphed you a day or two ago, to get five thousand of my Com- parison of the Separate School Bills of 1855 and 1863 printed and sent down, for the use of the Members. The Attorney-General wishes the expense to be charged to the Department, and has written nie a note to that eft'ect, as it is the diffusion of information on this Separate School Law and School System, without reference to party. Mr. G. Benjamin, M.P., told me that he was getting another edition prirted here also. Quebec, 15th of April, 1863. E. Ryerson. 18. Letter from Dr. Ryeraon, Quebec, to J. George Hodgina : — The Separate School Bill passed the Committee of the Whole in the Legislative Council yesterday. The amendments are to be moved at the third reading. There was a majority of two or three from Upper Canada against the second reading ; but there is likely to be a majority from Upper Canada in favour of the third reading to-day. I do not think that any amendments will be admitted. . . . Quebec, 17th of April, 1863. E. Ryerson. 19. Letter from J. George Hodgina to Dr. Ryerson, Quebec : — I see by the news telegram from Quebec that the Separate School Bill has I)assed the Legislative Council without any amendment ! This, I am sorry for ; as it needed at the very least, the amendments which 1 suggested. Of course, for the defects in the Bill, the Department will have to bear aU the blame. ... I hope that, as a set-off to the Separate Schocjl Bill, you will be able to get the proposed financial additions made to the Gram- mar School Bill. They will aid the Department greatly by its Library Scheme, to spread truth and knowledge in Upper Canada, as well as pro- mote the public good. Toronto, 18th of April, 1863. J. Geor(!F Hodgins. 20. Letter from J. George Hodgins to Dr. Ryerson, Quebec: — The Rev. Mr. Ryan, Roman Catholic Priest at Oakville, called this evening to express his personal gratitude to you for your exertions in ^ w m '1 160 U. C. Separate School Legislation. getting tho Separate Schuol Bill paused . He says that this feeling is :,.raeral among Roman CatholicH, for the Hignal service which you have rendered them, after all the battles of "lang syne." Mr. Ryan was formerly, and for six years, Roman Catholic Priest at Brantford ; and he says that he will make it his business to wait upon your Brother William to thank him for his generous speech in the House, and for his manly vote. Mr. Ryan is a warm-hearted Irishman, and feels very grateful to you. Thus, the lights and shades of the picture are presented to us. I am sorry to say that the shades prevail ; but I trust that they will nob overshadow us. Toronto, 23rd of April, 1863. J. Georqe Hokoins. 21. Letter of the Rev. M. Stafford to Dr. Ryerson : — Before leaving Toronto, I wish to roturn you my most sincere thanks for the kind courtesy with which you gave me so much of your time and attention this morning. I will be happy, on my return to Kingston, to be able to tell my Bishop, and the old Vicar-General, (Macdonell,) of yonr great kindness to me. . . . Toronto, 20th of January, 1863. M. Stafford, Pt. CHAPTEE XXVI. DR. RYERSON'S NARRATIVE OF THE PASSING OF THE ROMAN CATHOLIC SEPARATE SCHOOL ACT OF 1863. In 1865, in consequence of a renewed agitation for further legislation in regard to Roman Catholic Separate Schools, Dr. Ryerson issued a pamphlet on the subject, entitled : " Remarks on the New Separate School Agitation. By the Chief Superin- tendent of Education for Upper Canada." In it, he mentions the result of his Conference with Roman Catholic Representa- tives of Upper and Lower Canada, and then the final passage of the Scott Bill of 18G3 :— Mr Scott, a Roman Catholic lawyer, and, at the time. Member of the Legislative Assembly for the City of Ottawa, introduced a Separate School Bill during three successive sessions of 1860, 1861, p.nd 1862, but failed to get it passed. After further consultation with the Members and Authori- ties of his Church, he introduced his Bill again, (with sundry alterations and additions,) in the Session of 1863. I believe he claimed the tacit assent of the Government for his introduction of this Bill. it Naukative of the Passing of the Act of 18G3. 101 In tlie (liHCUHHioii on its second reading and reference to a Hpeciil Coniniittee, Mr. Scott made a personal attack upon me.* I roinenibered, as I still do, Lord Macau la y'.s advice, given as early as .lanuary, 1827, in the Eilinbtntjh HfiHcw, in respect to replying to attacks. He says : — " No mlHrepresentatioiis silionid l)o sufl't-red tu jmss luux'futed. When a HJliy letter makes its appeuranoe in the corner of a provincial newspaper, it will not do to say, ' What .stutF!' We nnist renieml)er that such statements constantly reiterated, and seldom answered, will assuredly be believed." 1 therefore answered Mr. Scott's attacks, in a Letter addressed to him, through the public jiresH. In that Letter, I also took occasion to point out the anomalies in his School Bill, and to show that, under the pretext of affording relief to Roman Catholics, it contained provisions which invaded the priva^" ••ighis of citizens, the legal rights of Common School Corpora- tions, ant 'ounty and Town.ship Municipalities. I also objected, as I had '" ivate Letters to Members of the Government, against any unotticii.. jcnber of the Legislature being allowed to introduce a Bill affecting our Public School System, which had been established by the Government, and which siiould be protected by it, and only legislated upon by bills introduced by, and on the responsibility of, the Government itself. At this juncture, a change of administration took place : the Hon. J. Sandfield Macdonald formed a new administration, and an adjournment of the Legislature, for several weeks, was agreed upon. On the re-assembling of Parliament, Mr. Scott'.s Special Connnittee reported his Bill with certain amendments, which were printed ; but very general and strong opposition in Upper Canada was entertained, and was manifesting itself more and more to the Bill. At this time I had proceeded, otticiiiUy, to Quebec ; and when asked my opinion, I objected scarcely less strongly to the amended Bill, than I had done to the Bill as first introduced. The opposition to it among Upper Canada Members was very strong ; and the (iovernment did not a))pear to of)untenance it. At length Mr. Scott called upon me, to exi)lain some personal matters, and to know my specitic ol)jections to his Bill. I replied, that I objected to the very principle of a private Member of Parliament doing what the Government alone should do, namely, bringing in measures to amend, (when deemed necessary,) a System of Public Instruction for the country ; but Mr. Scott wished to know what objections I had to the Bill itself. I then showed, and, at his request, lent him a 3opy of the amended Bill, with my erasure of objectionable clauses, and notes on others reijuiring moditications to assimilate them to the Common School law. .^'M. ^m iMi * In regard to a former gratuitous attack, in 1862, founded on Mr. R. W. Scott's own mistake, see page 132, atite. 162 IT. C. Separate School Legislation. Tlien follows in this luiiTative, an account of the stipulation which Dr. Ryerson made with Mr. Sc(jtt that his assent to the Bill in any form depended on its acceptance " by the Authori- ties of his Chin-ch as a final settlement of the <|Uestion." This matter will be treatey the Province, or the Municipal autiiorities. At the end of Section 3(», add the words : Provided, that a School shall have been kept by a (|ualified Teacher, for at least six months during the year. Contents, 12 ; non-contents, 44. It was moved by the Hon. G. W. .Allan, seconded by the Hon. James Gordon : — Provided always, that no such Separate School shall be entitled to any such grant, investinonts, or allotments, except under such circumstances, and subject to the same restriction as such grants, investments, or aUot- iiients, are made to Common Schools in Upper Canada. Contents, 13 ; non-contents, 43. i 166 U. C. Separate School Legislation. On a motion that the Bill do now pass, the vote stood thus : Contents, 44 ; non-contents, 13. The names of the Upper Canada Members who voted yea, v/ere the Hon. Messieurs A. J. Ferguson- Blair, Malcolm Cameron, George Crawford, William H. Dickson, Geoi-ge J. Goodhue, James Gordon, John Hmiilton, E. Leonard, Donald Macdonald, W. McCrea, Roderick Matheson, Samuel Mills, Ebenezer Perry, Robert Read, John Ross and James Shaw, 16, and 28 Lower Canada yeas) ; total, 44. Those who voted nay, were the Hon. James C. Aikens, George Alexander, George W. Allan, Thomas Bennett, Oliver Bl}.ke, George S. Boulton, Andrew JeflFrey. William McMaster, John McMurrich, John Simpson, James Skead and Harmanus Smith, 13. There were no Lower Canada nays. The Upper Canada yeas were 16 ; the nays, 13. CHAPTER XXVIII. SEPARATE SCHOOL ACT OF 1863— MR. SCOTT'S STATEMENT. In the Senate, oa the 4th of April, 18P-i'. Mo. R. W. Scott made the following statement, in regard to the passing of his Upper Canada Roman Catholic Separate School Act of 1868 : — In the British North America Act there is an ai)peal to the [Dominion] Privy Col'- cil from any Act affecting the rights of the Catholic and Protestant minorities. ... In the Manitoba Act . . . the appeal shall be to the Governor-fJeneral-in-Councn from any Act, or decision of the Legislature of the Province. . . . These words are peculiar to the Manitoba Act alone,* proving most conclusively that there was a jealous resolve on the part of the framers of the Act at the time, that there should ba a direct appeal to the Governor-General-in- Council from any hostile decisions, — that they were not to be forced into the Courts, — that the remedy was to he short aiid quick. t " Tliis is not so. The words relating to " appeal " is the same in both Acts. t The subject of an appeal " from any Act, or decisicn, of the Legislature " of this Proviiii.'C was brought \\\) in the Ontario House of Assembly on the IGtli of March, 1895, '>v Dr. George Sterling Ryerson, \I. I'. P., nephew of tlie Reverend Doctor Ryerson. TIw Globe newspa{)er tinis rcportu tlie cireuiustances : — In the House <>♦' Assembly, tlie (juestion was aakeMlcratio!i can be repealed by this Legislature. The eti'ect of such a rej)eal is autiioi itatively declared by the late Jutlgnient of the Judicial Conunittee of the Imperial Privy Council, and I can add nothing to what appears from tlieir Judgment as to wliether, in the event of such rei)eal, an apj)eal would lie to tlio (jlovernor-({eneral-'n-('oiinciI, under the Ninety- Thiid, or other, Section of the Bi'itish Noi'th America Act. * There is a sitigular disc'repancy here. The two Vicar8-( ieneral were present at both of the conferences held with Dr. Ryerson in lS(i2 atid 186.'}. See pages 139, 154 and 162. t Dr. Ryerson's note appended to this Section of the Separate School Act of 1863, in his " Roman (Jatnolic Separate Schools Act of ISoO and 18fi3 Com- pared," is as follows: "I'his is ... a new legal provision. 'I'lie latter part of this Section is needless, and is not contained in the Craiinuar, or Comm'in Schools, Act, as all dcci&ions of the Chief Superintendent may be appealeil from to tlie (lovei'nor-in-tJouncil. His decisions have been apjtcaled from o!i several instances, ])ut have, in every instuice, been sustained." — H'/iie/SnpcriiiteiKli'nt's Anunal Report for ISO J, pat/e 170.) 168 U. C. Separate School Legislation. in. It does nut exist anywhere else. I intended the appeal, [in the Act of 1863,] to be prompt and direct. It was thought that the Governor-in- Council would be the fairest tribunal, and they would dispose of it at once. ... In our Public Schools in Onrario, as they were originally established, Religion was intended to be taut,ht. . . . D. Ryerson was sent abroad to examine the [School] Systems in England, Crermany and the United States. . . . He was a man of very large observation, and one whom I always found free from prejudices, and possessed of a fair and just mind. He says: — "In France religion formed no part of the elementary education for many years, and, in some parts of the United States, the example of France has been followed." . . . I should like to point out some evidences that Dr. Ryerson's prophecies have been, to a considerable extent, fulfilled in the Eastern States, where this system of separating God from the Schools was first introduced. . . . {Hansard Senate Debater, J,th of April, 1S'J4.) CHAPTER XXIX. SIR JOHN MACDONALD AND HON. ALEXANDER MACKENZIE ON THE SPJPAIIATE SCHOOL ACT OF 18(«. ]VIr. JosEi'H Pope, in his| " Memoirs of Sir John MacdonaM " thus refers to the Roman Catholic Separate School Act of 1863 : Mr. Macdonald's brief respite from the cares of office had done wonders for him ; and he took his seat at the opening of the Session of Parliament on the 12th of February, 1803, reaily for the fray. . . . His experience told him that the (J. S.) Macdonald-Sicotte Government, pledged to the impossible scheme of the " double majority," could not hope to weather the Session, in the face of the opposition rising against them, — not only among the Conservatives, but also in the ranks of the Reform party. A new ground of dissatisfaction against them was speedily afforded l)y the Separate School measure of Mr. R. W. Scott, which the Ministry supported. This action of Messieurs Foley, McDougall and Wilson was reprobated by The Glohc newspaper, which unsparingly denounced them for their political recreancy in thus yielding up another principle of Liberalism. "Representation by population and no Sectarian Schools "had long been watchwords of the Uoforin party ; yet here was a so-called Liberal Ministry "basely sacrificing their principles to the exigencies of party. That Mr. John A. Macdonald should aid in riveting the fetters of Rome Sir John Macdonald and Hon, A. Mackenzie. 169 upon a free people was to be expected ; " — such a course was in conformity with his whole record ; but that such men as Foley, Howland, Wilson, and . . . McDougall . . . should, for the sake of oftice, league them- selves with the foes of religious liberty, was enough to cause one to despair of humanity. Mr. Macdonald warmly supported the Scott Bill, which had been before the House during his term of office, when it was bitterly opposed by those very Members now forming the Upper Canadian section of Sandtield Macdoiiald's Cabinet. The spectacle presented by these men, now speaking and voting in favour of the Bill, was, in the judgment of Mr. Macdonald, "a splendid vindication" of the policy of the late Govern- n;ent, and of the principle which he had long advocated with respect to the School System of Up])er Can,".da. The appeal of Tin (rlohc . . . was not made in vain, for, wliile Mr. Scott's Bill passed, it was carried by the votes of Lower Canada, and of Mr. John A. Macdonald and his personal friends. A large number of the Upper Canadian supporters of the Government, greatly to the wrath of Mr. J. S Macdonald, voted against it, thereby placing the Ministry in a minority of ten votes, as regarded Upper Canada. Having form illy announced their resolve to abide by the ''double- majority " principle, the Ministry, by this vote, were placed in an embar- rassing position. The tjuestion was put direct to the Premier, whether he proposed, in the face of a declared opposition of the majority of its repre- sentatives, to force the Separate School Act upon Upper Canada. To this pertinent question, Mr. Sandtield Macdonald made an evasive reply, but the "double-majority " principle was then heard of for the last time. . . . In an argumentative and temperate speech, Mr. John A. Macdonald proceeded to explain the reasons upon whicli his motion of non-confidence was based. . . He asked : Did the Prime Minister, (J. S. Mac- donald,) in his efforts to maintain himself in office, reflect that, in forcing the Separate School measure upon Upper Canada, against the will of a majority of its Representatives, he was doing violence to the convictions of his whole political life ! (Vol. 1., pages 244-240.) . . . There remains b^ t one question of practical politics in relation to which I pnjpose to outline Sir John Macdonald's attitude. I refer to those issues of race and religion, which periodically threaten the peace of Canada. . . In 1855, he introduced, and carried, a Bill in the interest of the Separate Schools of Upper Canada, against the bitter opposition of George Brown. In 18i)l\ he supported, by speech and vote, Mr. R. W. (now Senator) Scott's Act, establishing a System of Separate Schools. In 1867, he perpetuated this right to the Roman Catholics of Ontario. . . . (Vol. II., page 248.) 12 170 U. C. Separate School Legislation. THE HON. ALEXANDER MACKENZIE AND THE SCOTT ROMAN CATHOLIC SEPARATE SCHOOL ACT OF 1863. The following is taken from "The Life of the Hon. Alexander Mackenzie, by Mr. William Buckingham and the Hon. George W.Ross":— The great measure of 1863 was Mr. R. W. Scott's Bill respecting Separate Schools in Upper Canada. Mr. Scott had introduced the Bill several times, and had advanced it so far in the previous Session as to reach a division on its second reading. The principle of Separate Schools was first introduced into Canada under an Act of 1841, and was further enlarged by the Act of 1855. Mr. Scott proposed still further to extend the privileges of Roman Catholics with regard to Separate Schools. The main features of Mr. Scott's Bill were : — Extending the facilities for establishing Separate Schools in rural districts ; permitting Roman Catholics to give notice of their intention to become Separate School supporters once for all, instead of annually, as under the former Act ; relieving Trustees from certifying the average attendance of pupils under oath ; providing for the inspection of Separate Schools, and for their general administration [?] through the Council of Public Instruction. In the session of 18G2, the Bill passed its second reading ; but, owing to the defeat of the Government, it stood over. The Bill passed very quickly through all its stages, and was approved by the House on the 13th of March ; the yeas being 74, and the nays 30. When the second reading of the Bill was under consideration, Mr. Bur well moved, seconded by Mr. Mackenzie, what is conmionly known as " the six months' hoist." On that motion Mr. Mackenzie gave his views on the question of religious instruction. He opposed the Bill on three grounds : Firstly, he feared it would be injurious to the Conmion School System of the Province. Sexondly, he feared it would lead to a demand for Separate Schools from other denominations. Thirdhj, the establishment of Separate Schools in certain localities would divide the re.sources of the people, already very limited, and thus lower the standard of education. " He had no desire," he said, "to make this a religious question, as he was not disposed to vote against any Bill, which even Roman Catholics themselves deemed necessary to secure perfect freedom in the exercise of their religious faith ; but, as our School System was undenominational, the Bill under consideration was therefore unnecess'^'y. ' The vote on this P.ili was "^e drst substant'al decision of the House to which the principle of 'douol.- majority" would apply, as 31 members from Upper Canada voted against it, v.hile its supporters from Upper Canada numbered only 21. , , Sir John Macdonald and Hon. A. Mackenzie. 171 Mr. John A. Macdonnld rallied the Upper Canadian Members of the (Jovernment — MajDougall, Foley, Wilson and Sandfield Macdonald — on their change of front on the question of Separate Schools, ((uoting from the Journals of the House how, in previous years, they had voted either against the principle of Separate Schools, or for the repeal of the existing Separate School Act ; while now, they were practically responsible for a Bill extending the scope of Separate Schools. The Premier was also asked if the measure was to be forced on Upper Canada in the face of the opposition of a majority of its Representatives ? To this Mr. Sandtield Macdonald made no reply. The agitation which arose in Upper Canad&, on account of the Separate School policy of the then Government, greatly weakened them in public estimation. THE HON. GEORGE BROWN AND SEPARATE SCHOOLS. For one who devoted so large a portion of his time and attention to the (juestion of Denominational Education, it is suipi'ising how little is said on the subject by his Friend and Biographer, the Hon. Alexander Mackenzie. Even what is said is both meagre in detail, and somewhat apologetic in spirit and tone. In referring to Mr. Brown's part in the Separate School controversy, Mr. Mackenzie, (in Chapter V. of his " Life and Speeches of the Hon. George Brown,") says : — Like all religious, or semi-religious, controversies, this one developed hard words, and harder feelings. . . . Apart from the special contro- versy, . . . (in England, on the "Papal aggression,") there was much agitation in Canada West over the demands for Separate Schools for lioman Catholics. . . . It is not to be denied that deep offence was taken at many articles in Tlw Globe, and other papers, by a large majority of the Roman Catholics who did not come into personal contact with Mr. Brown personally, and appreciate his kindly and honest nature. Locking back, it is impossible to deny that many harsh words were written, which had better not have been written. . When Mr. Brown formed his Cabinet in 1858, it was upon an agree- ment that the Separate School question would be dealt with, after a full iiKijuiry should be made into the School Systems in other Countries, — Catholic and Protestant ; — and there is no reason to doubt, that had his Ministry been permitted to go on, means would have been found to har- monize the various views held by himself and his political Associates. The Amended Separate School Act of 18U3, and the immediately suc- ceeding arrangement effected in the Confederation Act, removed this ques- tion from the field of controversy ; but, even before then, nearly all irritat»f)n had ceased in Ontario. . . . — {Pages -33-35.) i 172 U. C. Separate School Legislation. CHAPTER XXX. WAS THE ROMAN CATHOLIC SEPARATE SCHOOL ACT OF 1863 A FINALITY r-^ One of the most unpleasant and harassing features of the Roman Catholic Separate School Question was the unsettled opinions and uncertain moods of its chief supporters. The supposed settlement of the question in 1850, by the adoption of the then well-known " Nineteenth Section of tlie (General School Act" of that year, w\as hailed by those then interested as embodying a very practical way of meeting the individual conscientious convictions of Members of the Roman Catholic Church. It was so regarded by them until after the Meeting of the Roman Catholic General Council at Baltimon; in 18.51. By the promoters of that Council, or by his Church, as he expressed it. Bishop de Charbonnel was, as he twice intimated, practically called to account ; first, in his Letter to Dr. Ryerson, of the 1st of May, 1852, he stated that: — All my previous intercourse with you, and the Council of Public Instruc- tion, has been polite and Christian, and sometimes tolerant to an extent tliat I have been required to justify ; — And then, afterwards, when he made his meaning on this point more clear, in his Letter of the 26th of the same month, to the Hon. S. B. Harrison, Chairman of the Council of Public Instruction, he said : — All my precedents with you, the Reverend Doctor, and the Council of Public Instruction, have been polite and Christian, and sometimes of a tolerance for which my Church has made me responsible. * i.e. Finality hk to assumed " rights," ami as to such further demands for Separate Schools, as would atl'ect tlie integrity and stability of our Public School System; but not. of cour.se, Hnality in regard to iletails of adniiris- t ration, or as to which would be the better way to do things which the 'aw allowed, or authorized, or prescribed; — no doubt, just such a finality as VIr. Scott meant, in liis Letter to Dr. Ryerson of the 2()th of April, 18(12, whej. he said : " 1 want tlie Hill to be n/mditif." Was the Sep. School Act of 1863 a Finality? 173 The result of the controversy which followed these state- ments of Bishop de Charbonnel, in 1852, was the passage of the much discussed Tache Roman Catholic Separate School Act in 1855. That the passage of that Act Wiis satisfactory to Bishop de Charbonnel at the time, is evident from the following extract of a Letter from Sir John Macdonald to Dr. Ryerson, dated the 8th of June, 1855, in which he said : — Our Separate School Bill, which i.s, as you know, quite harmless, passed with the approbation of our Friend, Bishop de Charbonnel, who, before leavin;,' here, formally thanked the Administration for "doing ju.stice t(j his Church." He has, however, got a new light since his return to Toronto, and now says that the Bill won't do. . . . It was such a " new light " as this, which so invariably broke in upon the promoters of Roman Catholic Separate Schools, after the passage of each successive Separate School Act, which caused so much trouble ; and w^hich kept the Province in such a state of educational turmoil and unrest, that it made it all the more difficult for Dr. Ryerson to deal with each particular case, or with the many imaginary grievances which were, as often as real ones, the cause of the continued agitation. It was this state of vacillation and uncertainty, on the part of the promoters of Separate Schools, which so continually embarrassed Dr. Ryerson in his administration of the Separate School Law, as it stood, — even giving it, as he did, the most liberal interpretation possible, or, as Mi*. R. W. Scott, in his Senate speech of 1894, put it, when he said that — Dr. Ryerson "was sincerely anxious to do what was really fair to make the Law workable." In accounting to the Governor-General, (in his Confidential Report of 1868,) for the continual agitation of the Roman Catholic Separate School Question, Dr. Ryerson said : — It is worthy of remark that, on the passing of each of the tliree Acts, (1850, 1853, and 1855,) amentUng the Law, in regard to Separate Schools, the Roman Catholic Bishop of Toronto and the Upper Canada Roman Cath-jlic newspaper organs expressed their entire satisfaction with them, (at tlie time,) but afterwards complained of them, wher. it was found that they did not accomplish the object [desired]. . 174 U. C. Separate School Legislation. COMPACT WITH THE REPRESENTATIVES OF THE ROMAN CATHOLIC CHURCH IN 1H((2 AND 1S63. Before Dr. Ryer.son went down to Quebec, late in May, 1862, he received a pri\ate Letter from the Hon. John A. Macdonald, dated the 'ird of that month, in regard to the Roman Catliolic Separate School Bill which Mi'. R. W. Scott sought to get pas8eishop's Secretary could scarcely have been written, nor his conference twice with Dr. Ryerson in the Parliamentary Library, on the subject of the Upper Canada Separate School Bill, without the Archbishop's direction, or sanction. Was the Sep. School Act of 1863 a Finality { 177 It was with this understanding, and under these circumstances, that the Bill was supported by the Government, and passed through the Legislature. But even then, though I had, at the request of the Premier, prepared and published notes on the Bill, showing its harmony with the School System of Upper Canada, and recommending its adoption, and, though it was supported by the leaders of tlie then Conservative Opposition, as well as by the Government ; yet such was the opposition in Upper Canada to any further legislation on the subject, that a majority of ten Upper Canada Members of the Legislative Assembly voted against it, and a majority of only two or three Upper Canada Members of the Legislative Council voted for it. I affirm, therefore, that the passage of the Separate School Act of 1863, was an Honourable Compact between all parties concerned, for the final settlement of that question ; and that the renewed agitation of it, in less than ./*vo years, is not only a violation of that Compact, but a warning to the people of Upper Canada, that if they are compelled again to legislate on the subject, their peace, and the safety of thei" institutions will require them to sweep the last vestiges of the Separate School law from their statute book, and place all Religious Persuasions in the same relation of equality to their Schools as exists in the New England States, and in the neighbour- ing State of New York. . . . THE HON. GEORGE BROWN, T. D. McGEE AND BISHOP LYNCH ON THE SEPARATE SCHOOL SETTLEMENT OF 186.3. That two of our leading politicians and public men of the day held the name opinion of this question of the " finality," — as I have defined it, — of the Roman Catholic Separate School Act of 1863, there can be no doubt. Tiie Hon. Thomas D'Arcy McGee, — representing the Roman Catholics, — v.'a8 one, and the Hon. George Brown, — representing the opponents of Separate Schools, — was the other. The Hon. George Brown, in his speech on the Resolutions relating to the Confederation of the Provinces on the 8th of February, 1865, and in reference to the Roman Catholic Separate School settlement of 1863, said : — Now, it is known to every honourable Member of this House that an .\ct was passed in 1863, as a final settlement of this sectarian controversy. I was not in Quebec at that time ; but if I had been there I would have voted against that Bill, because it extended the facilities for establishing Separate Schools. It had, however, this good feature, that it was accepted by the Roman Catholic Authorities, and carried through Parliament, as a final compro< 178 U. C. Separate School Legislation. mise of the ({uestion in Upper Canada. When, therefore, it was proponed that a provision sliould be inserted in tlie Confederation Scheme to bind that compact of 18G3, and declare it a final settlement, so th'it we should not be 'mpelled, as we have been since 1849, to stand constantly to our arms, a aiting fresh attacks upon our Common School System, the ]>ropo8ition seemed to me one that was not rashly to be rejected. . . . Hut assuredly I, for one, have not the slightest hesitation in accepting it as a necessary condition of the scheme of union ; and doubly acceptable must it be in the eyes of honourable gentlemen opposite who were the authors of the Bill of 1863. . . . The Hon. Mr. McGee, on behalf of tlie promoters of the Bill of 1863, referring to Mr. Brown's statement that the condition in the Confederation Scheme, affecting the Separate Schools of Upper Canada, would be " doubly acceptable " to the authors of that Bill, replied on the next day, as follows : — I will merely add, in relation to an observation of my friend, (Hon. George Brown,) last night, on the subject of Catholic Separate Schools in Upper Canada, that 1 had accepted, for my own part, as a finality, the amended Act of 1863. I did so, for it granted all the petitioneis asked, and I think they ought to be satisfied. I will be no party to the reopening of the (juestion. . . . (ParUnmentary Deludes on the subject of thv Confederation of the Brititih North Amerkan Frorhu-es, pages 95 and IJ^i, Qnehec, 1865.) The Globe newspaper, having assumed that the Canaduin Freeman, a Roman Catholic newspaper, was the organ of Bishop Lynch, in saying that the Separate School Bill of 1863 was " an insult to the Roman Catholics of Upper Canada," the Bishop caused his Secretary to write the following Letter to The Globe :— His Lordship wishes it to be understood that lie has no official orgiin. He wishes ine also to state, that tis far as he knows the sentiments of his Right Reverend brethren, the Catholic Bishops of Upper Canada, and of the Catholics generally, they are quite satisfied with Mr. Scott's Separate School Bill.* Toronto, 20th of March, 1863. Georok Njrthoravk.s, *0n the 2nd of March, 1865, Bishop Lynch wrote as follows to The Glohe -. — When earnestly pressed to accept [the Separate School] Bill of 1S63 as a finality, I studiously avoided the term. ... I said I was content ["quite satisfied " wore the words used, see alxjve], with the Bill, as were also nij' Brethren in the Episcopacy, as far as I knew their sontimentd. ... I, therefore, rejoice that I did not use the word " finality," which even, hail I used it, couhl certainly not be interpreted "final" under any and all ciicuni- stances, but final so long as the position of the two Provinces remained un- changed. Toronto, 2n(l of March, 1865. f John Joseph Lynch, liUhop of Torovto. Was the Sep. School Act of 1803 a Fixality :* 179 After the piihliL-iition uf Dr. Hyerson'a Letter of the ]Kth of March, 1865, (in reply t« tliat of VicaruOeneral Cazuaii ami Macr. Rycrwin qiiotefl tlic KiHhop's wohIh, liishop Lynch wrote a HeconScott, wrote a Letter to The Globe newspaper, in which they said : — As the names of the undersigned have been very improperly made use of in a pamphlet written, it appears, by Dr. Ryerson, Chief Superintendent of Education for Upper Canada, in connection with a Memorial from the Catholics of Upper Canada, reciuesting that some amendments should be made to the present Separate School Bill, we deem it proper, in order to elucidate the truth, to make the following declarations : — First. — It is not true that one of us had been deputed by the Archbishop, and that the other represented the Catholic Bishops of Upper Canada, with a view to come to an understanding with Dr. Ryerson in reference to the amendments to be made to the Separate School Bill. . . . Secmid. — It is quite true that both of us, seeing that the Bill, as it was 180 U. C. Separate School Leoislatiok. introduced by Mr. Hcott, Member for Ottawa City, had no chance of being Hccepted by a majority of the Houne, owing to Dr. Ryerson's violent opposition to some of its measures, consented, reluctantly, to have it introduced vith Dr. Ryerson's amendment to it, but upon their own responsibility, and without consulting either Bishop, or any other person ; and because we considered it as some improvement on the former Separate tSchool Law. Third. — It is also true that we both consented to call upon Hon. John .5. Macdonald, then Prime Minister, in company with Mr. Scott and Dr. Uyerson, and ren the subject ; for I privately and openly denied the right of any individuals of Lower Canada to interfere with such a question in Upper Canadii. Besides, I knew nothing of Mr. Cazeau, or of his relations to the Archbishop of Quebec. 1 had never seen him ; I only met him in the capacity in which he was named to me by Mr. Scott, as the Archbishop of Quebec's Secretary, and Representative, as Vicar-General Macd(mell was mentioned as the Representative of the Roman Catholic Bishops of Upper Canada. The very proposal for me to meet them in any other capacity would have been absurd. Wliether Mr. Scott defined their position and relations accurately, or not, in his request to me to meet them, I have no means of knowing. But 1 have no doubt of it ; and in no other than in their official capacity could I have met them on such a subject. The next question is, What object could there have been in the interview at all, except to satisfy me, and, through me, others, that the Bill would be accepted by the Authorities of the R(mian Catholic Church as a final settlement of the Separate School agitation ? My objection to legislating at a!' on the subject was, that it would only be the starting point and pretext of another Separate School agitation, as there was no more assurance of the Bill being accepted by the Authoritie.'i of the Roman Catholic Church, as a final settlement of the question than of the (Tache) Act of 1855. It was to furnish that very assurance that Mr. Scott desired me to meet Messrs. Cazeau and Macdonell. That was the sole object and reason for the interview, as it was not to discuss any clause of the Bill ; nor was there any discussion of them. And whatever terms were employed, and what- ever understanding was come to must have been employed, and understood, in harmony with the sole object and reason of the interview. As to the terms of the statements made by Messrs. Cazeau and Mac- donell, you [the Editor] have so thoroughly analyzed them, that I need not say anything more on the subject. I will only add two remarks : — The first is, that if Messrs. Cazeau and Macdonell had caused it to be understood (at the time) that the passing of the Bill was not to finally settle the (juestion of Separate School agitation, but was, — as they [now] state in their Letter — Merely accepted as an instalment of what they believed the [Roman] Catho- lics of Upper Canada were justly entitled to — I venture to say, without fear of contradiction, that not only would I not have been a consenting party to it, but that neither the Government, nor five Upper Canada Members of the Legislature, would have entertained it for a moment. My next remark is, that not only did the Hon. T. D. McGee accept it as a final measure, and the Members of the Legislature so consider it ; but the Roman Catholic Bishop of Toronto (Dr. Lynch) has, in his Letter 182 U. C. Separate School Legislation. in 27ie Globe of the 6th instant, [dated the 2nd instant,] declared that it was BO accepted, — thus furnishing a complete refutation of all statements to the contrary, and conclusive evidence of the accuracy of what I have stated. His Lordship says that it was accepted as — Final, so long as the position of the two Provinces remained \mchanged. Toronto, 18th of March, 1865. E. Rverson. further testimony as to the finality of the separate SCHOOL settlement OF 186.3. So far as I have been enabled to ascertain, no reply was made to this conclusive Letter of Dr. Ryerson. In the follow- ing year, (1866,) Dr. Ryerson, in his Letter to the Provincial Secretary, of the 4th of August, 1866, again referred to the binding character of these conferences with the two Vicars- Oeneral and Mr. R. W. Scott, as follows : — 1. I refused even to consult with Mr. Scott in regard to his Separate School Bill of 1863, much less to be a party to its passing into an Act, «xcept on two conditions : — First. That what we agreed upon should be accepted by the Authorities of his Church, as a final settlement of the Separate School question in Upper Canada. Secondly. That it should have the sanction and responsibility of the Government for its passing. The manner in which the authorized Representatives of the Roman Catholic Church met Mr. Scott and me in the Parliamentary Library, at <^uebec, and in which a duplicate copy of the Bill agreed upon was made out, — one for each party, — and in which both parties waited upon the Head of the Ministry, and represented the Bill, as thus agreed upon, to settle the question in Upper Canada, is well known, and was shortly after- wards published. Nothing can be more dishonourable and truthless, than for either party now to deny that settlement of the question, and seek to subvert it. Toronto, 4th of August, 1866. E. Ryerson. In the "Appellant's Factum," submitted to the Supreme Court of Canada, in 1891, by Mr. John S. Ewart, Counsel for the Appellant, he says : — 4. Some years prior to 1867, when "The British North America Act" was passed, the Parliament of the late Province of Canada had passed a Separate School Law for Upper Canada, which was understood to be a final settlement of a long-standing subject of contention. . . . Was the Sep. School Act of 1863 a Finality ? 183 fruitless appeal to mr. r. w. scott for information on this subject, As it was desirable tliat light should be thrown upon the conflicting statements of Dr. Ryerson and the Vicars-General, in regard to the compact entered into between Mr. Scott and them in regard to the Separate School Act of 1803, I wrote to him the following Letter on the subject : — About a month ago, 1 wrote to you a Letter, asking if you could furnish me with any information, (not already published,) regarding the passing of the Roman Catholic Separate School Act of 1863, — of which you were the principal promoter. I also enclosed to you a copy of the Publisher's Prospectus of the work on the subject which I was about to issue, so that you might be aware of the character of the Book, for which I had asked you for information. Up to this time, I have neither received any acknowledgment of the receipt of that Letter, nor any reply to it. I wrote to you a few years ago on the same subject, and with a like result. In the Pamphlet on Roman Catholic Separate Schools, which Dr. Ryerson published in 1865, he said, (speaking of that Act) : — Tlie passage of the Separate School Act of 1863 was an honourable oomut»/it between all parties concerned for the final settlement of the question. Shortly after the publication of that Pamphlet, the Very Rev. Vicars- General Cazeau, of Quebec, and Macdonell, of Kingston, — whom you had introduced to Dr. Ryerson as authorized Representatives of the Roman Catholic Church in this matter, — wrote a Letter to the Editor of The Olobe, dated the 11th of March, 1865, in which they repudiated the statement of Dr. Ryerson, in regard to their action in the matter. Dr. Ryerson replied on the 18th of that month, (March, 1865,) and reiterated his previous statements, and referred to you in connection with the matter. No doubt, you saw both Letters at the time, or subsequently. Please let me know if, at that time, or afterwards, you corroborated the statements of the Vicars-General, or those of Dr. Ryerson, or dissented from the statements of either party ? I have seen nothing from you on the subject, and, therefore, I should be obliged if you would now be kind enough to give me the desired infor- mation on the subject. ToKONTO, 20th of February, 1897. J. George Hodoins. Up to 20th of March, 1897, not even the simple courtesy of an acknowledgment of this, (or any of my previous Letters to Mr. R. W. Scott,) has been received by me. :pi J Ik'i 1 m 184 U. C. Separate School Legislation, CHAPTER XXXL BRITISH NORTH AMERICA ACT RELATING TO EDUCATION. Among the Resolutions adopted by the House of Assembly, on the 13th of March, 18G5, was the following: — 43. Besoh'ed, That the Local Legislature of each Province shall have power to make Laws respecting (». Education ; saving the rights and privileges which the Protestant, or Catholic, minority in both Canadaa may possess, as to their Denomina- tional Schools, at the time when the Union goes into effect. It was upon this Resolution that the following provisions of the Imperial British North America Act : 30th and 31st Victoria, Chapter 3, Section 93, (18G7,) were founded : — In and for each Province, the Legislature nriy exclusively make laws in relation to education, subject and according to the following provisions: — 1. Nothing in any such law shall prejudicially affect any right or privilege with respect to Denominational Schools which any class of persons have by law in the Province at the Union. 2. All the powers, privileges, and duties at the Union, by law conferred and imposed in Upper Canada, on the Separate Schools and School Trustees of the Queen's Roman Catholic subjects, shall be, and the same are hereby, extended to the Dissentient Schools of the Queen's Protestant, and Roman Catholic, subjects in Quebec. 3. Where in any Province a system of Separate, or Dissentient, Schools exists by law at the Union, or is thereafter established by the Legislature of the Province, an appeal shall lie to the Governor-General-in-Council from any Act or decision of any Provincial Authority affecting any right, or privilege, of the Protestant, or Roman Catholic, minority of the Queen's Subjects, in relation to education. 4. In case any such Provincial Law, as, from time to time, seems to the Governor-General-in-Council requisite for the due execution of the provision of this Section is not made, or, in case any decision of the Governor-General-in-Council, on any appeal under this Section is not duly executed by the proper Provincial Authority in that behalf, then, and, in every such case, and as far only as the circumstances of each case require, B. N. A, Act Relating to Education. 185 the Parliament of Canada may make Remedial Laws for the due execution of the provisions uf this Section, and of any decision of the Govurnor- (ieneral-in-Oouncil, under this Section. LEGAL OPINION ON THE FOREGOING 9.3kd SECTION OF THE BRITISH NORTH AMERICA ACT. The following is the joint opinion of Messrs. Stephen Richards, Adam Crooks and Edward Blake, on the legal effect of Provincial Legislation under the authority of the 93rd ►Section of the British North America Act of 1867, obtained in that year by The Globe Publishing Company of Toronto : — The effect of the 93rd Section taken by itself is to confer upon the Provincial Legislatures exclusively the power to make laws in relation to Education, subject to certain restrictions, or provisions ; but, at the same time, to authorize the Parliament of Canada, in certain cases, and only so far, in those cases, as the circumstance of each case require, to pass remedial laws on the same subject. The restrictions, or provisions, to which the Provincial Legislatures are subject are as follows : — Ist. The first sub-section provides that no law of the Provincial Legis- lature shall prejudicially affect any right, or privilege, with respect to Denominational Schools which any class of persons has established by law in the Province at the time of the Union. ' 2nd. The second sub-section provides that all the powers, privileges and duties, which, at the time of the Union, are by law conferred and imposed in Upper Canada on the Separate Schools ar /" School Trustees of Roman Catholic subjects, shall be, and they are, by thu sub-section, extended to the Dissentient Schools of Protestant and Roman Catholic subjects in the Province of Quebec. We think the Schools referred to are those established under the School Law of Lower Canada. 3rd. The first sub-section, it will bu aeen, restrains the Local Legislature from prejudically affecting any existing right, or privilege. The second sub- section requires the extension o', aad does extend to, Dissentient Schools in Lower Canada certain powers, privileges and duties, but there is no obligation to introduce a system of Separate, or Denominational, Schools into any Province where no such system now exists. If, however, the Legislature of such Province should hereafter establish a Separate, or Denominational, School System, then the right to the continuance of the system is so far secured by the third sub-section, that an appeal would lie,' , under that sub-section, to the Governor-in-Council, from any Act, or decision, of any Provincial authority affecting any right, or privilege, of the Protestant, or Roman Catholic, minority in relation to education. The right of appeal given by this sub-section applies also to Lower Canada and 13 f«fn 186 U. C. Separate School Legislation. bo any Province, where a system of Separate Schools prevails at the time of the Union. The effect of an appeal, under sub-section three, is considered Uelow. The above embraces all the restrictions, or obligations, by this Section imposed on the Local Legislatures ; and subject thereto, any law which a Provincial Legsilature may enact on the subject of Education will have effect, but the Parliament of Canada may, in the causes, to which the fourth sub-sectiim applies, but only to the extent authorized thereby, modify, or render inoperative, the local enactment. 4. Under the 4th sub-section there are two cases, or classes of cases, on which the Parliament of Canada may pass certain remedial lav/s on the subject of Education : — First, — Where such law is not made by the Local Legislature as to the Governor-General-in-Council seems requisite for the due execution of the provisions of this 93rd Section, the Parliament of Canada may, so far only as the circumstances of the case re(]uire, make remedial laws for the due execution of the provisions of the Section. The Governor-in-Council, we take it, should make known to Parliament, by Order in Council, Message or other Official Act, what law he considers necessary. Second, — Where an Appeal is made to the Governor-in-Council under the 3rd sub-section, and his decision thereupon is not duly executed by the proper Provincial authority, the Parliament of Canada may, so far only as the circumstances of the case require, make Remedial Laws for the due execution of siich decision. It is only in the above cases, and to the extent mentioned, that the Parliament of Canada have authority to legislate under this Section, and, in each case, the preliminary action of tlio Governor-in-Council, referred to in the preceding paragraphs, is necessary to give jurisdiction. Among the " provisions" bo be executed, contemplated in the first case, are those of the 2nd sub-section ; for, though that sub-section seems at once to extend to the Province of Quebec all privileges, powers, and duties therein mentioned, yet legislation may be required to arrange the machinery and details for practically carrying out the provisions referred to. Possibly cases may arise affecting the provisions of the 1st and 3rd sub-sections, in which the Governor-in-Council might act without any Appeal being had to him. The Appeal provided by the 3rd sub-section is, from "any Act, or decision, »f any Provincial authority affecting any right, or privilege, of the Protestant, or Roman Catholic, minority, in relation to education," in any Province in which a system of Separate, or Dissentient, Schools exists by law at the time of the Union, or is thereafter established by the Legislature of the Province. This gives the right of appeal from any Act, or enactment, of the Local Legislature affecting the right, or privilege, mentioned. Also, from decisions affecting such right, or privilege, by the Department of Education, Inspection of Roman Catholic Sep. Schools. 187 or any Hiinilar authority, having charge of the adniinistrHtion of the law on the Bubject of Education, on mattors wliich a jurisdiction, or discretionary action, is, by law, given to such Department, or authority, so that, in cauo the Legislature in a Province, where a system of Separate, or Dissentient, Schools is established, enact a law affecting an existing pri\ ilego, of the Pro- teat,int, or Roman Catholic, minority, in relation to Ed. ition, an Appeal will lie to the Governor-in-Council ; and, if his decision upon such Appeal is not executed, or carried out, by the Local Legislature passing the necessary law for the purpose, the Parliament of Canada may make a Remedial Law necessary for the execution of such decision ; but, to warrant\ the Appeal referred to, there must be an existing right, or privilege, to be affected by the local enactment appealed from. So, also, in case of an Appeal from the decision of the Department of Education, or other similar authority, if the decision of the Qovernor-in-Council is not duly executed by the Department, or other authority referred to, the Parliament of Canada may pass the law requisite for enforcing the decision. But the decision to be appealed from must be one afi'ecting an existing right, or privilege, of the minority. No new rights, or privileges, are to bo uciiuired by means of an Appeal under the 3rd and 4th sub-sections. Stephen RicHAima. Adam Crooks. Toronto, Mirch 9th, 18B7. Edward Blake. We also incline to the opinion that an Appeal would lie to the (lovernor- in-Council from any decision of a Provincial Court affecting any existing right, or privilege, of a minority, and tha'^ the Governor-in-Council may declare it necessary to pass a law providing the requisite machinery for the enforcement of his decisions, and that Parliament may, upon such declara- tion, and, at the failure of the Local Legislature to act, pass such law. Adam Crooks. Edward Blake. ^ CHAPTER XXXII. INSPECTION OF ROMAN CATHOLIC SEPARATE SCHOOLS. Although the Roman Catholic Separate School Act specifically provided for the inspection of Separate Schools, yet the right to do, under that Act, was resisted in Kingston and Toronto, as the following statement will show : — The Separate School Law having authorized the Chief 188 U. C. Separate School Legislation. Superintendent, of Education to provide for this inspection of Separate Schools, and also tho Registers of those Schools, the Inspectors of Grammar Schools were authorized to inspect such of these Schools as were within the limits of that part of Upper Canada assigned to them for inspection pui-poses. In October, 1865, the Inspector appointed to the eastern part of Upper Canada was refused permission to inspect the Register of pupils' names, and the record of their attendance, at the Roman Catholic Separate School in Kingston. This refusal having been reported to the Chief Superintendent, he wrote to the Chairman of the Roman Catholic Separate School Board in Kingston on the subject. In his Letter he said : — As the Law reijuires me to make and pay the a})jK;rtii)nment of tlie Legishitive Grant to Separate Schools, it is my duty and right to see whether the dabi on which T make and i)ay such apportionmeiit are properly prepared and are reliable. This can only he done by having the Registers of Separate Schools exuuiined by a duly appointed Otticer. The 26th Section of the Sejjarate S^^hool Act of 18H3 expressly provide* that "The Roman Catholic Separate Schools, with their Registei-s 8hall he subject to such inspection as may be directed, from time to time, by the Chief Superintendent of Education." . . . The same objection was made by Archbishop Lynch in Toronto late in 1871, and he addressed the following I^etter on the subje»;t to the Chief Superintendent of Education : — To our great amazement we Hnd that our Separate Schools are visited by tlie Inspectors of the Counnon Schools. We tjike tliis occasion to protest against this intrusion, as it is contrary to the .spirit of tlie Law estJiblishing Separate Sclu>ol8 ; and we will be obliged to give notice to the Trustees not to receive those visits ; not that we are afraid of them, but we do not want their interference. In his reply to the Archbishop, Dr. Ryerson said : — I beg to observe that the protest yon make, and the intention you avow, are in direct opposition to tlie Separate Scliool Act, the twenty-sixth Section of which expressly provides [for siich inspection.] (See tliis Section (juoted above.) I have construed tlie Sei^arate School Act, to authorize Trustees of Se{)arate Schools in Cities, Towns and Incorporated Villages, to appoint . . the Local Superintendent of their Schools ; l)ut tliat does not preclude this DejMirtmeiit from directing an inspection of the Register and condition of any Separate School. French and German Schools, 1851-1876. 189 Dr. Ryerson then referred to the General Regulations under which the Grammar School Inspectors were directed to inspect Separate Schools in the neighbourhood of Grammar Schoois. He then said : — I believe these visits were very accoptiible to the Managers iind Teiichers of '^he Separate Schools, and the Inspector's report respecting them was most favourable. . . . But in one (Kingston) he was refused admittance . by the head Teacher of the principal Separate School. . A few days after I had written [to Kingston on the subject], I received a Letter from the Roman Catliolic Bishop of Ki>igston, (Dr. Horan,) apolo- gizing for the conduct of the head Teacher of tlie Separate School, who had luistfiken his duty, and assuring me that the Inspector would be courteously received at any time he might think proper to visit the School. . . 1 win adduce indubitable proof that I have sought to administer the Law, as nuich for the benefit of Separate Schools, as of Public Scliools, and have given the Separate Schools the advantage of every doubt, and of any discretionary power I might have, to assist them. But while I have thus sought to aid Separate Schools to the utmost extent of my i)ower, and to give the most liberal ccmstructior of the School Liiw in thoir behalf, t nuist say that 1 think your Grace's protest and inti- mated courae of proceedings, are directly contrary to the express provisions of the Separate School Act — the inspection of whicli class of Schools, under the authority of this Department, is nt)t, as a matter of suffrage, at the discretion of the Trustees of Separate Schv>ols, but a matter of right, provided for by law, and which every government ought to possess, and exercise to inspect, at its discrt»tion, the doings of every School, or Insti- tution, aided out of the public revevues of the Country. Toronto, 5th of December, 1871. E. Ryerson. No further difficulty was experienced in this matter. 1 1 CHAPTEK XXXIII. SCHOOLS IN FRENCH AND GERMAN SETTLEMENTS, 1851-1875. There was one class of Separate Schools which gave the Chief Superintendent very little trouble. These were the B'rench and German Scliools, — c hiefly Roman Catholic , — which were scat- tered here and there throughout Upper Canada. All that had to be done in their case was to give them such teaching facilities, as enabled them to go into operation under Teachers ; ! 190 U. C. Separate School Legislation. who could speak the language of the ratepayers concerned, and that language only. Happily that facility could be given under the general, — not the Separate, — School Law, and that with the sanction of the Chief Superintendent. There were two principles which Dr. Ryerson laid down at an early period in his administration of the Education Department. The first was, — that whenever he could meet special cases by a liberal, and often, (with the sanction of the Government,) a generous interpretation of his powers under the School Acts, and in terms of his Commission as Chi'^f Superintendent of Education, it was his duty to give that interpretation, in cases not specifically provided for, — except by analogy, — in the School Law. The second principle which Dr. Ryerson laid down, and. which he generally adhered to, was not to propose too frequent legislation, with a view to meet special cases ; but only to seek such legislation at intervals of from five to ten years. Fortunp.tely I was familiar with Dr. Ryerson's views, as expressed in the first of the foregoing principles, which he had laid down for his guidance, when the first application was made in 185i to grant a Certificate of Qualification to a Frencli Teacher in the County of Essex, — which had been largely settled by French-Canadians. At the time that this application reached me from the Board of Public Instruction for the County of Essex, Dr. Ryerson was absent in England, and I had charge of the Department, as Acting Chief Superintendent. I, therefore, submitted the application, which had been received, to the Council of Public Instruction for Upper Canada, with the recommendation that it be granted. This was concurred in by the Council of Public Instruction ; and I was, therefore, enabled to inform the Essex County Board that : — The Council of Public Instruction for Upper Canada has sjinctioned a liberal construction of the programme to which you refer, making the term "English" convei'tible into the term "French," where it occurs, and when applied to French candidates for examination before the County tv K f9 mnm ' mi>)u>tii fnmtmmim KsrsaoeaMLXEKav Frexch and German Schools, 1851-1875. 191 Board of Public Instruction. The certifiaite sliould, of course, be expressly limited to teaching in the Fx'ench language. ■ A copy of this intimation was also sent to the then Local Superintendent of Education at Sandwich, with the following addition : — The School Act exprtssly authorizes Trustees to employ any qualified Teacher they please ; should, tlierefore, the one to whom you refer, obtain a certificate from the County Board, the Trustees can engage his services, and no Board, or School Officer, can prevent them, as lias been assumed in a Memeople — embodying views subversive of the School System, 194 U. C. Separate School Legislation. and of Municipul rights in Upper Canada, and wliicli have been, again and again, all Init unanimously condeunied by its Represenbitives and Electors. Such pretentions, on the part of The Wittwua and othei's in Montreal, could never have really prompted, any more than it can justify, this new Separate School agibition in Upper Canada, though it may be the pretext for it. There are, indeed, certain anomalies in the School Law of Lower Canada, which by no means aft'ord to Protestants these facilities for Protestant Schools, etjual to th(4, '5, the old agitation is recommenced, and the old terms of denunciation against the Se[)arate ScIkjoI Ijfiw, and against the Chief Superintendent, are again [indulged in] and put to work in the service of a fresh agitati(m, as |>ninted out. Dr. Ryerson then very properly puts this question : — Now, can it be that acute Ecclesiastics and learned Lawyers, and alile Statesmen of the Roman Catholic Church, have been deceived thus, time * While in Montreal, in October, 1864, I wrote tlie following Letter to Dr. Ryerson in regard to the matter to which he here refers. I said : — I have seen Mr. William Lunn several times, and have sought to modify and soften the ill-feeling wliich exists lietweeu the Protestant School Committee and the Hon. P. J. 0. Chauveau, Chief Suporintondent of Kducation for Lower Canada. They feel very strongly against him ; and although I do not think liis policy and mode of dealing witii the difficulty is either wise, or judicious, in all respects, I have told l)otli him and them that I could do, or say, notliing which would either compromise our position in Upper Canada, or our friendly relations with Mr. Chauveau. Montreal, 8th of October, 1864. J. Georcsk Hoooins. msz. r ^i H. . l. Sl S. ^I . WU ».^fr^.^MUfl»^-.i. Dr. Ryersox's Final Sep. School Utterances. 195 after time, as to tlie import and character of LawH which they tlntradiction, that I have sought tr might be done, in Lower Canada. 'A. The School question between Roman Catholics and Protestants in Lower Canada, is peculiar to Lower Canada, — having nothing analogous in Upper Canada, except that there are Roman Catholics and Protestant-s here, as well as there. The Roman Catholics in Lower Canada, beinf in the majority, have resolved that the Schools of the majority there should be Roman Catholic Schools, as much so as are the Convents themselves, — except that they are Day, and not Boarding, Schools. The Protestants in Upper Canada, being in the majority, have resolved that by Law, and in fact, the Schools of the majority here should not be denominational, — not Roman Catholic, or Protestant, but National, — equally conmion and accept- able to Protestants and Roman Catholics. In confirmation of this fact, I refer, not merely to the provisions of the Law, and the General Regulations, but to two facts in connection with the operations of our Sclir>ol System. (1). Of the 544 Roman Catholic Teachers of Connnon Schools employed in Upper Canada, accoixling to my last printed report, 190 of them are employed in the Separate Schools, and 354 in the Public, or National, Schools.* (2). Of the sixty odd thousand (60,000) Roman Catholic children taught in the Common Schools in Upper Canada, all but seventeen thousand, (17,000), — or about 43,000, — of them are taught in the Public, or National, Schools. Thus a majority of neai'ly three-fourths of the Teachers, and pupils of the Roman Catholic Church are connected with the Schools of the * During the last full year (1875) that Dr. Ryerson was Chief Superintendent of Education, tlie number of Roman Catholic Teachers employed was 726, — 516. in the Public Schools, and 210 in the Separate Schools. 198 U. C. Sefauate School Legislation. I I majority, — they preferring tliose ScIiooIh to Separate Schools, notwith- stjviuling the ecclcHiaHticul iiitiuence einj)loyed to sever them from the Public, and connect them vvitli the Separate, Schooln, and, notwithstanding, the facility afl'orded by Law for the establishment and support of Separate Schools. I have conversed with a sufficient number of Roman Catholics, •or rather, a sutticient number of them have come and conversed with me, to satisfy me that a majority of the Roman Catliolic laity do really regard the Separate School Law as an injury, rather than a benefit, to themselves and families. I have given tlie most liberal interprebvtion and application im." ... So would we be so now, under a legislation of "Equal Riglits " and privileges, — without distinction, in regard to sect or party, for a man to say : " Canadensis Sum,'' . . . standing in all respects upon the equal ground of riglit and privilege with every other man (in Canada) in relation to the State and to the Law. . . . The youtli, who grows up to manhood in a School of separation, coui- niencos "the battle of life," not only with inferior mental and social preparation, but comes forth into the arena of competition and enterprise estranged from, and a stranger to, the habits, views and associations of chose with whom his pursuits and ff>rtunes are linked. . . . There may, now and then, be an exception, . . . but such an exanq)le is a rare exception to the general rule, which dooms the victim of isolation to inferiority, failure and obscurity. The fact is, that the tendency of the public mind and of the institutions of Upper Canada is to confederation, and not to isolation, — to united effort, and not to divisions and hostile effort, — in what all have a cf >mmon interest. The efforts to estsiblish and extend Separate Scliools, . . . are a struggle against the instincts <./f Canadian Society, against tlie necessities of a sjxH-sely populated country, against the social and political present and future interest of the parents and youth thus separated [by these Schools] from their fellow-citi/.ens. ... These remarks of Dr. Ryerson present, in striking language, the matured and thoughtful utterances of a Canadian states- man. They also embody the views entertained on the system of isolated and Separate School education, which ai'e shared in by thousands of practical men, and by such thoughtful Roman Catholics as the late Hon. Donald A. Macdonald, formerly Lieutenant-Governor of Upper Canada, and his noted bi'other, Hon. John Sandfield Macdonald, a former Premier of the late Province of Canada, and afterwards of Upper Canada. Among other distinguished Roman Catholics wno deprecated isolated denominational education was tiie Right Hon. Thomas Wyse, long an influential Member of the Imperial Parliament and Educationist, and afterwards Her Majesty's Minister at the Court of Greece, wrote lai'gely on the universal education of the Irish People, and in favour of mixed Schools, as essential to its attainment. In his well-known work on " Education Reform," he thus speaks of a system of Separate, or Denoi.'ii.'iational, Schools, and of the kind of instruction given in theiii : — Expediency of Separate Education Considered. 203 We grow Protestants and we grri> parentis. .\8 things are, tens of thouwinds of children will not be instructed, if parents remain solely in charge of this duty. The State must come for- ward as an agent of instruction ; else ignorance will prevail. Indeed, in the absence of State action, there never was that universa'. instruction which we have so nearly attained, and which we deem necessary. In the absence of State action, I believe univei-sal instruction would never in any country have been posHil)le. State action in favour of instruction implies free Schools. ... In no other manner can we bring instruction within the reach of all children. . . . Blest, indeed, is that nation, whose vales and hill sides the [free I i I ■MMHi— .^04 U. C. Separate School Legislation. School] adorns, aiid blest the generations upon whose souls are poured their treasures. . . . It were idle for me to jjraise the work of the State School of America in the imparting of secular instruction. . . . It is our pride and glory. The Republic of the United States has solemnly aftirmed its resolve that within its borders no clouds of ignorance shall settle upon the minds of the children of its people. To reach this result its generosity knows no limit. The Free School of America ! Withered be the hand raised in sign of its destruction ! . . . The American people are natumlly reverent and religious. Their Ljiws and Public Observanc* breathe forth the perfume of religion. Tlie American School, as it first reared its log walls amid the Villages of New England, was religious through and through. I would solve the difficulty by submitting it to the calm judgment of the Country : — I would permeate the regular State School with the religion of the majority of the children of the land, be it Protestant as Protestantism caiii be ; and I would, as they do in England, pay for the secular instruction given in Denominational Schools according to results ; that is, each pupil passing the examination before the State Officials, and in full accordance with the State programme, would seciire to his' School the cost of the tuition of a pupil in the State School. There is also another plan : — I would do as the Protestants and Catholics have done [for over twenty years] in Poughkeepsie and other places in our Country have ag 3d to do, to the greatest satisfaction of all citizens and the great advancement of educational interests.* Do not tell me of the difficulties of detail in working out either of my schemes. . . . Other schemes more perfect in conception and eafsier of application will, perhaps, be pre.sented in time ; meanwhile, let us do the best that we can and do know." It is delightful tol.urn from a contemplation of the narrow- ness of the Canadian isolation system, so strenuously advocatentir>m,mnsr^fmi'ji>m^ 210 U. C. Separate School Legislation. persims qualitied by law as Teachers, either in Upper or Lower Canada, shall be considered fiualified Teachers for the purposes of this Act.(j) (j) This Section is a substitute for the twenty-eightii Section of the Separate School Act of 1855 ; and is, all nnist admit, a very great improvement upon it. XIV. Every person paying rates, whether as proprietor or tenant, who, by himself, or his agent, on, or before, the first day of March in any year, gives, or who, on, or before, the first day of March, of the present year, has given to tjie Clerk of the Municipality, notice, in writing, that he is a Roman Catholic, and a supporter of a Separate School situated in the said Municipality, or in a Municipality contiguous thei-eto, shall be exempted from the payment of all rates imposed for the suppcjrt of Connnon Scliools, and of Common School Libraries, or for the purchase of land, or erection of buildings, for Connnon School purposes, within the City, Town, Licor- porated Village, or Section, in which he resides, for the then current year, and every subsequent year thereafter, while he continues a supporter of a Separate School. — And such notice shall not be required to be renewed annually ; and it shall be the duty of the Trustees of every Separate School to transmit to the Clerk of the Municipality, or Clerks of Municipalities, (as the case may be,) on or before the first day t>f June in each year, a correct list of the names and residences of all persons supporting the Separate Schools under their management ; and every ratepayer whose name shall not appear on such list shall be rated for the support of Com- mon Schools.(/r) (k) Thifi Section is a substitute for the twenty-nintli Section of the Separate School Act of 1855. It substitutes the first day of Mai'ch for the first day of February, — which can cause inconvenience, or disadvantage, to nobody, as municipal rates for School purposes are never levied till long after March. The proprietor, or tenant, by himself, or his agent, gives notice ; and it has ah eady been legally decided that a notice by the agent of a proprietor, or tenant, is as valid, according to the Separate Scliool Act of 1855, as a notice by himself in person, and is so accepted and acted upon. It is unjust, therefore, to omit expressing what is already held to be the law, merely to aftbrd an opportunity and pretext for vexing and annoying individuals in certain localities. Another provision in this Section is, that the notice shall not he repeated by the indi- vidual annnallj', but shall be repeated, with his address, by the Trustees, as liis agent. This is the practice which has already been pursued in some munici- palities In Lower Canada, tlie supporter of the Dissentient, or Separate, School never repeats, or renews, his first notice as a suppoi'ter of such School ; and why should the Roman Catholic be require the p*irHon giving such notice, to the effect that the Haine has been given, and showing the date of such notice. XVI. Any person who fraudulently gives any such notice, or wilfully makes any false statement therein, shall not thereby secure any exemption from rates, and shall be liable tt) a penalty of forty dollai-s, recoverable, with costs, before any Justice of the Peace, at the suit of the Municipality interested. XVII. Nothing in the last three preceding Sections contained, shall exempt any person from paying any rate for the support of Common Schools, or Common School Libraries, or for the erection of a School- house, or School-houses, imposed before the establishment of such Separate School. XVIII. Any Roman Catholic who may desire to withdraw his support from a Separate School, shall give notice in writing to the Clerk of the Municipality before the second Wednesday in January in any year, other- wise he shall be deemed a supporter of such School : Provided always, thai any person who shall have withdrawn his support from any Roman Catholic Separate School, shall iiot be exempted from paying any rate for the support of Separate Schools, or Separate School Libraries, or for the erection of a Separate School-house, imposed before the time of his with- drawing such support from the Separate School. XIX. No person shall be deemed a supporter of any Separate School unless he resides witliin three miles (in a direct line) of the site of the School-house. (I.) {I) No explanatory remarks are required ; and no one will object respecting the directions given, and the restrictions and penalties imposed by the fifteentli, sixteenth, seventeenth, eighteenth and nineteenth Sections of the Bill. XX. Every Sejmrate School shall be entitled to a share in the fund annually granted by the Legislature of this Province for the support tif Common Schools, and shall be entitled also to a share in all otlier public grants, investments and allotments for Conunon School purposes now made, or hereafter to be made, by the Province, or the Municipal authorities^ according to the average number of pupils attending such School during the twelve next preceding months, or during the number of months which may have elapsed from the establishment of a new Separate School, as ct»mpared with the whole average number of pupils attending School in the same City, Town, Village, or Township, (m.) (m) This Section is a substitute for the first part of the thirty-third Section of the Separate School Act of 1855. The point of difterence is, that this Section gives Separate Schools the right of sharing in other " Public Grants, investments, and allotments, for Common School purposes than the Parliamen- tary School Grant. The only public grant, or investment, that can come within this provision, is the Clergy Reserve Fund, when applied by Municipalities to Common School purposes. This fund is distributed by law among the several 1 212 U. C. Separate School Legislation. MuniuipalitieH, according to the mimlHsrof ratepayers in each, — Roman Catholic ratepayers, of conrso, as well as Protestant. This fund forms no part of the Common School Fund, and is not subject to Common School Regulations. When a Municipal Council chooses to apply the portion of the Clergy Reserves Fund apportioned to its Municipality to Common School purposes, it ought to e done, or should do, otherwise, the Legislature should surely protect rights of the minority against any such proscription. XXI. Nothing herein contnined shall entitle any sucli Wt-parate School, within any City, Town, Incorporated Village, or Township, to any part, or portion, of Scliool moneys arising, or accruing, from local asse-ssment for Common School purposes within tlie City, Town, Village or Township, or the County, or Union of Counties, within which the City, Town, Village, or Township is situate, (n. ) (n) This Section corresponds with the second proviso of the thirty-third Section of the Separate School Act of 1855, and effectually protects all School moneys arising from local assessment against any claims in nehalf of Separate Schools. XXII. The Trustees of each Separate School shall, on or before the thirtieth day oi June and the thirty-first day of December of every year, transmit to the Chief Superintendent of Eduuition for Upper Canada, a correct return of the names of the cliildren attending such School, together with the average attendance during the six next preceding months, or ^luring the number of months wliich have elapsed since the establishment thereof, and the number of months it has been so kept open ; and the Chief Superintendent shall thereupon determine the proportion which the Trustees of such Separate School are entitled to receive out of the Legislative grant, and shall pay over the amount thereof to such Trustees, (r.) (/•) This Section is identical with tlie thirty-fourth Section of the Separate School Act of 1855, except that part which requires the returns to be made on oath, — a requirement never exacted of Common School Trustees, nevei' required of Separate School Trustees before 1855, — not required of the Trustees of Protestant Separate .Schools in Lower Canada since 1856, — and for whicii requirement no reason of justice, or necessity, exists, as the same penalties are imposed for making incorrect retuns to obtain additional aid, as if they were made on oath. It may here be remarked, that the first proviso in the thirteenth Section of the Separate School Actof 1855, (which says, "that no Separate Schools shall be entitled to share in such fund, unless the average number of pupils attending the same bo fifteen or more,") has been omitted. It was contained in the Bill 1 Appendix No. 1. 213 an Ki'Ht introduced, but was Htruck out, at the suggeHtion of the Chief Sui)erin- ten(iont, who stated it to l)e UHelesH and inoperative, — not recjuirod in regard to Common Schools, tlie average liaif-yearly attendance in some of wliich felllMjlow fifteen,— antl althougli Separate Scliovit)UH i-xiiiniimtioii. No IViust nIdiU hiivn tlio right to uiiqtloy tiiiy toiicliur, luiilo or fiMuiiIo, in Iun Kcliool without n cortitifiito of nbility, , iHUje I UK V. I'ltientit free to Ounm' Si-iuhiIh — Ntt Pennltij to !»• imfxi.sfil on thetn, — We strictly forhid anyone, whether Hishop or Priest, and this is the express prohibition of the Sovereign Pontiff", through the Sacred (Nmgre- gation, either hy act, or by theat, to exclude from the Sacraments as unworthy. Parents who choose to send their children to the Public Schools. As regards tiie cliildren themselves, this enactment applies with still greater force.— Ibirf, No. WH, page 104, Ctmf. Tit. VI., Cap. I., II.; Tit. VII. VI. Hiyht of tlir Vhurrh to Teach. 'l\> the Catholic Church belongs the duty and the divine right of teaching all nations to believe the tru h of the Gospel, and to observe whatsoever Christ counnandetl, (Matt, xxviii. IJ)); in her, likewise, is vested tiie divine right of instructing the young in so far as theirs is the Kingdom of Heaven, (Mark x. 14), (Conf. Cot •., Bait. PL, III. No. 194); that istowiy, she holds for hei-self the right of teaching the truths of faith, and the law of morals, in onlor to bring up youth in the haliits of a Christian life. Hence, absolutely and universally 8peaking, there is no repugnance in their learning the tir.st elements, and the higher branches of the arts, and the natural sciences in Public Schools controlled by the Sbite, whose ottice it is to provide, mainttiin, and protect everything by wliich its citizens are formed to moral goodness, while they live peaceably together, with a sutticiency of temporal goods, under laws promulgated by civil authority. For the rest, the provisions of the Council of Baltinu>re arc yet in force, and, in a general way, will remain so; to wit: "Not only out of our jMiternal love do we exhort C* holic Parents, but we connuand then> by all the authority we possess, to procure a truly Christian and Catholic education for the beloved offspring given them of (iod, born again in baptism unto Christ, and destined for Heaven, to shield and .secure them throughout childhood and youth from the dangers of a merely worldly «ducati<»n, and, therefore, to send them to Parochial, or other truly Catholic, Schools." United with this duty are the rights of Parents, which no civil law or authority can violate or weaken. VIT. Co-operntion loith the PtiblU; Schools. — The Catholic Church in general, and especially the Holy See, far from condenuiing, or treating with indifference the Public Schools, desires rather that, by the joint actiim of civil and ecclesiastical authorities, there should be Public Schools in every State, accoixling as the circumstances of the i)eople re([uire, for .'1*1 216 U. C. Separate School Legislation. the cultivation of the useful ui"t« aiid natural sciences ; but the Catholic Church slirinks from tliose features of Pul)lic Schools which are oi)iiosed to the truth of Christianity and to morality ; and since, in the interest of society itself, these objectionable features are removable, therefore, not only the Bishops, but the citizens at large, should labor to remove them, in virtue of their own right, and in the cjiuse of moi'ality. VIII. Parish Schools less Necessary than Formerly, — It is long since the Holy See, after consultation with the Bishops of the United States of Ame.ica, decreed that Parish Schools and other institutions under the direction of the Bishops, each according to the conditions of its own diocese, were opportune and necessary for Catholic youth, from the fact that it was held for cerbiin that the Public Schools bore within themselves a proximate danger to faith and morals, for various reasons {Cone. PI. Bait. III., No. 194, seq.; App., page 279); viz.: because in the Public Schools a. purely secular education is given,— inasmuch as it excludes all te.iching of religion, — because Teachers are chosen indiscriminately from every sect, and no law prevents them froni working the ruin of youth, so that they are at liberty to instil errors and germs of vice in tender minds. Likewise certain corruption seemed to impend from the fact that in these Schools, or at least in many of them, children of both sexes are brought together for their lessons in the same room. Wherefore, if it be clear that in a given locality, owing to the wiser dispositions of pul)lic authorities or the watchfid prudence of School Board, Teachers and Parents, the above-nai ed dangers to faith and morals disappear, then it is lawful for Catholic Par'uits to send their children to these Schools, to acquire the elements of letters and art.«, jjrovided the Parents themselves do not neglect their most serious duty, and the pastors of souls put forth every efi'ort to instruct the children and train them in all that pertJiins to Catholic worship and life. IX. Bishops' Discretion as to Parochial Schools. — It is left to the judgment and the wisdom of the Ordinaries to decide whether, in a certain part of their respective dioceses, a Parochial School can be built and kept up in a fitting condition, not inferior to the Public Schools, taking into consideration the temporal condition of the parents, while graver needs for procuring their spiritual welfare and the decent support of the Chiu-ch are pressing. It will be well, therefore, as was the wont of our fonfathers, and as was done in the early days of the Church to establish weekly classes of Catechism, which all the children of the parish should attend ; f(»r the better success of this measure let the zeal of Pastors in fulfilling their duty and the love of Catliolic Parents leave no eft'ort unspared. {Cf. Cone. PL Bait. III., No. 198) X. Miifht of Pareids as to Choice of Schools. — No reproach, eitlier in public, or in private, shall be cast upon Catholic Parents who send their childrt to Private Schools or Academies where a better education is given Appendix No. 2. 217 under the direction ol religious, or of approved and Catholic persons. If they make sufficient provision for the religious training of their children, let them Ub free to secure in other ways that education which the position of their family requires. XI. Arrangement tvith Public Schod Authoritiea Desirable. — It is greatly to be desired, and will be a most happy arrangement, if the Bishop agree with the civil authorities, or with the Members of the School Board, to conduct the School with mutual attention and due consideration for their respective rights. While there are Teachers of any description for ihe secular branches, who are legally inhibited from offending Catholic religion and morality, let the right and duty of the Church obtain of teaching the children Catechism, in order to remove danger to their faith and morals from any quarter whatsoever. It seems well to quote here the words of our Holy Father Leo XIII. (See the Pope's Letter to the Archbishop of New York, and to the Bishops of the Province) : — "We further desire you to strive earnestly, that the various local authorities, firmly convinced that nothing is more conducive to the welfare of the commonwealth than religion, should, by wise legislation, provide that the System of Education which is maintained at the public expense, and to which, therefore, Catholics also contribute their share, be in no way prejudicial to their conscience, or religion For we are persuaded that, even our fellow-citizens who differ from us in belief, with their character- istic intelligence and prudence, will readily set aside all suspicions and all views unfavourable to the Catholic Church, and willingly acknowledge her merit, as the one that dispelled the darkness of paganism by the light of the Gospel, and created a new society, distinguished by the lustre of Chris- tian virtues, and by the cultivation of all that refines. We do not think that anyone there, after looking into these things clearly, will let Catholic Parents be forced to erect and support Schools which they cannot use for the instruction of their cu;ldren." XII. Religions Instruction shotdd be Systematically Given. — As for those Catholic children that, in great numbers, are educated in the Public Schools, where now, not without danger, they receive no religious instruc- tion at all, strenuous efforts should be made not to leave them without suffi- cient and seasonable instruction in Catholic faith ar.d practice. We know, by experience, that not all our Catholic children are found in our Catholic Schools. Statistics show that hundreds of tliousands of Catholic children in the United States of Amei^oa attend Sch^s which are under the control of State Boards, and, in which, f< ".. that reason, Teachers of every Denomi- nation are engaged. Beyond all doubt, the one thing necessary, i.e., religious and moral education according to Catholic principles, is not to be 15 218 U. C. Se»^\rate School Legislation. treated either lightly, or with delay ; but, on the contrary, with all earnest- ness and energy. The adoption of one of three plans is recommended, the choice to be made according to local circumstances in the different States and various personal relations. (1) The first consists in an agreement between the Bishop and the Members of the School Board, whereby they, in a spirit of fairness and good-will, allow the Catholic children to be assembled during free time and taught the Catechism ; it would also be of the greatest advantage if this plan were not confined to the Primary Schools, but were extended likewise to the High Schools and Colleges, in the form of a free lecture. (2) The second to have a Catechism class outside the Public School Building, and also classes of higher Christian doctrine, where, at fixed times, the Catholic children would assemble with diligence and pleasure, induced thereto by the authority of their Parents, the persuasion of their Pastors, and the hope of praise and rewards. (3) The third plan does not seem, at first sight, so suitable, but is bound up more intimately with the duty of both Parents and Pastors. Pastors should unceasingly urge upon I'arents that most important duty, imposed both by natural and divine laws, of bringing up their children in sound morality and Catholic faith. Besides, the instruction of children apper- tains to the very essence of the pastoral charge ; let the Pastor of souls say to them, with the Apostle: "My little children, of whom I am in labour again until Christ be formed in you." (Gal. iv., 19.) Let him have classes of children in the Parish, such as have been established in Rome, and many other places, and even in Churches in this country, with very happy results. Nor let him with little prudence show less ^r.ti for the children that attend the Public Schools than for those that i' tend the Parochial ; on the contrary, stronger marks of loving solicitude are to be shown them ; the Sunday School and the hour for Catechism should be devoted to them in a special manner. And to cultivate this field let the Pastor call to his aid other Priests, Religious, and even suitable Members of the laity, in order that what is supremely necessary be wanting to no child. XIII. Certificated Teachers a Necessity. — For the standing and growth of Catholic Schools, it seems that — (1) Care should be taken that the Teachers prove themselves qualified, not only by previous examination Ijetore the Diocesan Board, and by a certificate, or diploma, from the School Board of the State, awarded after successful examination. This is urged, first, so as not to appear regardless, without reason, of what public authority requires for teaching. (2) A better opinion of Catholic Schools will be created. (3) Greater assurance will be given to Parents that in Catholic Schools there is no deficiency to render them inferior to Public Schools ; that, on Appendix No. 2. 219 the contrary, everything is done to make Catholic Schools equal to Public Schools, or even superior. (4) And lastly, we think that this plan would prepare the way for the State to see, along with the recognized and tested fitness of the Teachers, that the laws are observed in all matters pertaining to the arts and sciences, to method and pedagogics, and to whatever is ordinarily required to promote the stability and usefulness of the Schools. XIV. Seasons for Normal Schools Being Efficient. — It is necessary that what are called Normal Schools should reach such efficiency in preparing Teachers of letters, arts and sciences, that their graduates shall not fail to obtain the Diploma of the State. For the sake of the Catholic cause, let there be among laymen a growing rivalry to take the Diploma and Doctorate, so that, possessed of the knowledge and qualifications requisite for teaching, they may com^-ete for, and honorably obtain, positions in the public Gymnasia, Lyceums and Scientific Institutions. The knowledge of truth of every kind, straightforward justice, united with charity, the effulgence and appreciation of the liberal arts, — these a: -^. the bulwarks of the Church. Note. — All the above was read and considered at the Meeting of the Roman Catholic Archbishops of the United States, — the difficnlties answered, and the requisite alterations made, on November the 17th, 1892. In regard to this meeting of the American Archbishops, " The Quarterly Register of Current History," Volume II., of 1892, says :— Cardinal Gibbons, who presided over the Conference, joined Archbishop Ireland in support of the views of Cardinal Satolli ; and the Archbishops, who were pretty evenly divided on the question, finally passed Resolutions in substantial agreement with them. The most important step ever taken in this country towards liberalizing the Roman Catholic Church in its ar'.justment to American Institutions, has thus been made. — {Page 4^7.) 220 U. C. Separate School Legislation. CONSECUTIVE INDEX OF SUBJECTS. Paqe Early School Acts of Upper Canada 9 Education in Upper and Lower Canada, 1841 11 General Common School Act of 1841 14 The Bible as a Class-Book in the Schools . . . . , . .19 Upper Canada Common School Act of 1843 . . . . . .25 Irish National School System 32, 38, 112, 198 Controversy with Bishop de Charbonnel ... 37, 70, 75, 108 Separate School Legislation in 1850 49 Toronto Separate School Cases 53, 71, 73 Belleville Separate School Case 63 Dr. Ryerson's Letters to Hon. George Brown . . . 46, 48, 49, 53, 70, 76, 78, 84, 111 Project of a Separate School Bill by three Bishops . . . .85 The Tachd Separate School Bill of 1855 .... 92, 95, 100 Lower Canada and the de Charbonnel Controversy .... 108 The Bowes' Separate School Bill of 1856 110 The Bruy^re-Pinsoneault-Dallas Controversy 113 Confidential Report to Sir Edmund Head, the Governor-General . 118 Special Report on Separate Schools in Upper Canada .... 128 The Scott Separate School Bills . 126, 127, 134, 140, 152, 160, 164, 166 Clergy Reserves Fund •" . . • . 146 The Anglican Synod and Separate Schools . . . . . . 145 Appeal in the Case of Ontario 167 Sir John A. Macdonald and Separate Schools 168 Hon. Alexander Mackenzie and Separate Schools .... 170 Hon. George Brown and Separate Schools 171, 177 Finality of the Separate School Act of 1863 .... 172, 182 Hon. Thomas D. McGee and Separate Schools . . . . 178, 181 Compact with the Roman Catholic Representatives . . . 174, 180 Repudiation of it by Vicars-General Macdonell and Cazeau . . . 179 Fruitless Appeal on the Subject to R. W. Scott 183 British North America Act and Separate Schools . . 167, 182, 184 Legal Opinion on its Application ........ 185 Separate School Inspection . . . . . . . . . 187 French and German Scliools ........ 189 Renewed Separate School Agitation in 1865 ..... 193 Separate School Bill of 1866 195 End of Separate School Difficulties 199 Dr. Ryerson and Arclibishop Ireland on the Expediency of Separate Schools 200 Appendices 205 :^ \ Principal Personal References. 221 PRINCIPAL PERSONAL REFERENCES IN THIS VOLUME. :[' t)..i ' \ 'J Aikens, Hon. J. C, 95, 165, 166. Allan, Hon. G. W., 126, 165, 166. Anderson, William, 166. Annand, William, 109. Badgley, Hon. Judge, 122, 123. Baldwin, Hon. R., 18, 47, 48, 49, 50, 63, 64, 61, 101. Bell, R., 54, 165, 196, 198, 199. Benjamin, George, 169, 165. Bertelot, A., 18. Bethune, Bishop, 21. Biggar, J. L., 164, 165. Blacquiere, Hor. P. B. de, — see De Blacquiere. Blake, Hon. E., 38, 185, 187. Bowes, J. G., 95, 110, 111, 112, 138. Bovell, Dr. J., 147, 148. Bums, Hon. Judge, 64. Burwell, L., 164, 165. Brown, Hon. G., 45, 48, 49, 65, 68, 69, 70, 76, 94, 100, 104, 106, 111, 170, 171, 177, 178. Brown, Hon. James, 122. Bruyfere, Rev. J. M., 29, 113, 114, 115, 116. Cahill, Rev. Dr., 153. Cameron, Hon. J. H., 136, 166. Cameron, Hon. Malcolm, 18, 46, 47, 48, 55. Cameron, Hon. M. C, 133, 136. Cartier, Hon. G. E., 110, 117. Cartwright, Hon. J. S., 18. Cayley, Hon. William, 94, 95, 122. Cazeau, Vicar-General C. F., 73, 80, 139, 143, 167, 174, 176, 179, 180, 181, 182, 183. Charbonnel, Bishop de, 36, 37, 39, 41, 42, 44, 54, 61, 63, 68, 71, 76, 77, 80, 81, 84, 87, 90, 104, 105, 108, 109, 112, 114, 116, 119, 120, 121, 124, 130, 144, 172, 173, 214. ' 222 U. C. Separate School Legislation. Chftuveau, Hon. P. J, O., 194. Child, M., 18. Chisholm, A., 33. Christie, Hon. David, 69, 165. Christie, Robert, 18. Clarke, William, 164, 165. Colbome, Sir John, 34. Crooks, Hon. Adam, 94, 185, 187. Crooks, Hon. James, 94. Dallas, Angus, 83, 115, 116. Daly, Hon. D., 18. Darling, Rev. W. S., 147. Dawson, Dr. J. W., 122, 195. Day, Hon. C. D., 12, 14, 16, 18, 22, 23, 60. De Blacquiere, Hon. P. B., 19, 20. De Charbonnel, Bishop, — see Charbonnel, Bishop de. DoUard, Rev. P., 113. Drummond, Hon. L. H., 72, 92, 93, 131. Dunn, Hon. J. H., 18. Dunscombe, J. W., 18. Elgin, Lord, 77. Elmsley, Hon. John, 29, 71, 73, 74, 96, 117, 118, 126, 127. Eugene, Bishop, 77, 81. Ewart, J. S., 182. Foley, Hon. H. M., 136, 165, 169, 171. Forster, Right Hon. W. E., 198. Foster, S. S., 18. Gait, Hon. Sir A., 192. Gamble, J. W., 69, 77, 93, 94, 95, 99. Gaulin, Bishop, 21. George, Rev. James, 22. Gibbons, Cardinal, 219. Goldsmith, O., 43. Gordon, Hon. James, 165, 166. Grasett, R«v. H. J., 30, 31, 47. Gray, Hon. Judge J. H., 122. Hagarty, Hon. Chief Justice, 146. Harrison, Hon. S. B., 18, 30, 36, 40, 172. Hartman, Joseph, 69, 94, 95, 111, 122. Head, Sir Edmund, 118, 119, 121, 122. S-, t i I i Principal Personal References. 223 Hincks, Hon. Sir Francis, 16, 17, 18, 23, 25, 26, 27, .45, 46, 47, 48, 49, 50, 54, 60, 61, 62, 63, 65, 69, 70, 72, 73, 77, 78, 80, 84, 93, 147, 157. Holmes, Benjamin, 18. Hopkins, Caleb, 55. Horan, Bishop, 131, 133, 134, 189. Hudon, Rev. H., 21. Ireland, Archbishop, 163, 201, 203, fe04, 205. Lafontaine, Hon. L. H., 48, 50, 101. Langton, John, 19, 77, 94, 95, 99, 104. Leslie, Hon. James, 46. Lunn, William, 194, 195, 196. Lynch, Archbishop, 36, 66, 68, 72, 130, 131, 133, 139, 153, 154, 177, 178, 179, 181, 188. Macaulay, Lord, 161. Macnab, Sir A. N., 77, 78, 80, 95. McCann, H. W., 1(54, 165. McDougall, Hon. William, 154, 165, 169, 171, 196. . McGauley, Rev. J. W., 38. McGee, Hon., T. D., 159, 177, 178, 181. McGlynn, Rev. Dr., 192. Macdonell, Vicar-General Angus, 29, 33, 34, 35, 38, 54, 130, 133, 134, 139, 160, 167, 174, 176, 179, 180, 181, 182, 183. Macdonald, Sir John A., 30, 64, 59, 61, 77, 78, 80, 81, 84, 85, 87, 92, 93, 94, 95, 100, 101, 102, 103, 104, 105, 107, 110, 111, 116, 117, 122, .123, 132, 135, 136, 156, 164, 165, 169, 171, 173, 174. Macdonald, Hon. J. Sandfield, 57, 61, 69, 139, 153, 154, 155, 156, 157, 158, 161, 164, 165, 169, 171, 174, 176, 182, 202. Macdonald, Hon. Donald A., 164, 202. Mackenzie, Hon. A., 164, 166, 170, 171, 196. Mackenzie, W. L., 33, 55, 68, 69, 94, 95, 106. Manseau, Rev. A., 21. Marling, Alexander, 126, 127. Meilleur, Dr. J. B., 122, 123. Merritt, Hon. W. H., 17, 18. Moffat, Hon. George, 17, 18. Monck, Lord, 192. Morin, Hon. A. N., 18, 63, 72, 78, 81, 84. Morris, Hon. A., 135, 138, 165. Morris, Hon. W., 18, 23. Morrison, Angus, 74. Morrison, Hon. J. C, 30, 55. Mowat, Sir Oliver, 165, 166, 167. Murray, Archbishop, 38. 2^4 U. C. Separate School Legislation. Neilson, Hon. John, 18. Nilan, Rev. James, 204. Northgraves, Rev. G., 178. Ogden, Hon. C. R., 18. O'Grady, Rev. Dr., 33, 34. O'SuUivan, Dr. D. A., 33. Parent, E., 18. Parke, Thomas, 18. Patrick, William P., 106, 165. Patton, Hon. James, 136. Penny,*Hon. E. G., 108, 109. Phelan, Bishop, 80, 81, 102, 103, 104, 112, 113, 134. Pinsoneault, Bishop, 113, 116, 116. Pius IX., Pope, 36, 37, 40, 163. Pope, Joseph, 100, 101, 168. Power, Bishop, 28, 29, 30, 31, 34, 36, 56, 57, 120, 179. Prince, Col. John, 18, 54. Quesnel, F. A., 18. Reesor, Hon. David, 154. Richards, Hon. Chief Justice, 66, 67, 68, 69, 72, 75. Richards, Hon. Stephen, 185, 187. Rintoul, John, 38. Robertson, C, 18. Robinson, Hon. Sir J. B. , 38, 64. Robinson, Hon. W. B., 99. Roche, Rev. E. P-, 106. Ross, Hon. John, 64, 157. Ryan, Rev. J., 159, 160. Ryerson, Dr. G. S., 166. Ryerson, William, 135, 137, 160, 166. SatoUi, Cardinal, 38, 39, 192, 214, 219. Saunders, Hon. J. S., 122. Scobie, Hugh, 30. Scoble, John, 165. Scott, R. W., 60, 88, 104, 126, 127, 131-139, 140, 141, 143, 144, 153, 156, 156, 160-16?, 164-166, 169. 170, 172-176, 179-183, 196, 197. Sherwood, Hoi>, , 64, 69. Sirl-"ie, Tlir,): 22. Simpson, Hoi n, 18. Skead, Hon. .1.. i, 158, 166. Smith, James, i; 69. Principal Personal References. 225 . J s Smith, Henry, 113. Spence, Hon. R., 95. Spink, William, 158. Stafford, Rev. M., M, 100. ' Stevenson, D. B., 55, 69, 96, 99. Strachan, Rev. Dr., 27, 31, 148. Sullivan, Dr. R., 38. Sullivan, Hon. R. B., 18. ' Sydenham, Lord, 11, 35. Tach^, Sir E. P., 88, 92, 93, 168. Turgeon, Archbishop, ($(•, 176, 17H, 181. Viger, Hon. D. B., 18. " Wh^itely, Archbishtip, 38, 114. ' ' WiQr, Hon. B., l()i). Wilson, Hon. John, 55, bf), 77, 166, 171. Wiseman, Cardinal, 114. Wyse, Right Hon. Thomas,' 202, I RJ:FERENCES to newspapers in this VOLUME; Canadian Freeman, v., 178. Catholic Citizen, 74, 86, 106. ' Church, The, 24, Examiner, Toronto, 106. Fornm, The, 192. Globe, The, Toronto, 48, 132, 137, 140, 145, 150; 156, 159, 166, 169, 176, 178, 179, 180, 185. Herald, Montreal, 108. Leader, Toronto, 29, 130, 132, 134, 135, 136, 137, 140, 141, 159, 194. Mfirc'\mj, Quebec, 21, 159. Minerve, Montreal, 108, 109. Mirror, Toronto, 80, 110, 111. Nova Scotian, 109. Paj/s, Montreal, 108. Telegraph, Prescott, 10<). True Witness, Montreal, 153' Witness, Montreal, 193, 194. Erratum.— On page 80, for "Archbishop Hughes," read "ArchbishoH Lynch." 16 m