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Printers and Publishers. 258 and 258 St-Paul Street. 1894 i ;i' ini i ^ # U^nH \ IXEElXEOKiPLnsrDUl^ OF AECH BISHOP TACHE IN ANSWER TO A REPORT OF THE COMMITTEE OF THE HONORABLE THE PRIVY COUNCIL OP CANADA. ■•*« i ^ To His Exrc'llency The Governor Oenercd in Council, May it please Your Excellency, The Right Honorable the Minister oF Justice has transmitted to me the Report of the Committee of the Honornble the Privy Council, apprQved hy his Excellency on the 5th February, 1894. This document concerning the Catholic Schools of the Nortli-West Territories, has been called forth by certain petitions, addressed to the Governor General in Council, in favor of the Catholic Minority of the Territories, urging the disallowance of the Onhnance No 22, passed in 1892 by the Legislative Assembly of the Territories. Your Excellency is well aware of my position and of the duties it imposes upon me and I feel satisfied that I cannot be offensive in taking th i respecful liberty to state that I take exception to some of the statements and conclusions, which, in the said Report I consider as erroneous and unjust. In order to show my observatiops with more clearness I will divide them into two parts. In the First Part I will consider the allegations of the Report and its conclusions. In the Second Part I will state why and how much I regret that the Privy Council has accepted the Report of the Committee and passed an order in Council signed by Your Excellency. FIRST PART In this part I will review how far the School Ordinance of 1802, considered in its general aspect, has changed the position of the Catholics in the matter. Secondly, I will show how far the rights of the Catholics are overlooked in some of the points examined by the Committee, in its Report. General aspect of the Ordinance.— The Minority of the North- West have petitioned for the disallowance of the Ordinance of 1892, because it deprives them of most of the rights they enjoyed by the Ordinance of 1888 and because as they say : " The said " Onlinance in as much as it places in the hands of non-Catholics " the absolute control and management of Catholic Separate Schools " to such an extent that such persons are enabled, as they have " actually done, to obliterate almost wholly the distinction between , " Catholic and other Schools." To this complaint, made in such a general way, the Committee answer : — "It would appear from the facts that the disallowance " of the Ordinance in question will not meet the complaints alleged " in the petitions, otherwise than by restoring the Board of Educa- " tion which had control of the Schools of the Teiritories before the " Ordinance of 1893 was passed, because in other respects, tl e law " and regulations concerning Education in the Territories were not " materially different before the Ordinance of 1892 was passed from " what they now are, in so far as the points mentioned in the petition " are concerned. Disallowance would not nullify any of the regu- '• lations complained of." This assertion of the Committee is perhaps construed cleverly enough to catch the assent of those ynaware of the change which has taken place, but the same assertion, in spite of its restriction does not > tand before the real comprehension of the facts and their consequences. To avoid entering into a long discussion, the case may be made clear by a simple comparison between the rights enjoyed by Catholics of the Territories until 1892 and what is now left to them. The Ordinance of 1 888 granted to the Catholics, as such, the following rights : 1. — The Lieutenant-Governor m Council may appoint and The Ordinance of 1892 gives as follows, to Catholics : 1, — The members of the Execu- tive Committee and two ■i^. — 6 constitute a Board of Educa- tion composed of eight inem- I'ors, an«l three hIuiII be llonian Catholics (4). The throo ('atholic ineniberH had light of vote. 2. — Any ((ucHtionon which there is an equality of votes shall lu! denied to be negatived. (0) So that the 3 CatholicH with the help of one single Protestant could negative all hostile regulations. It shall be the duty of the Board (3 Catholics out of H): (Section 10.) 3. — To determin all appeals from the decisions of Inspec- tors of schools and to make such orders thereon as may be required. 4. — To provide fc an uniform system of inspection of all s(!hools and to m.'ke such I'ogulations as may be deemed necessary with res- pect to the duties of the Inspectors. 6. — To arrange for the proper examination, grading and licensing of teachers and the granting of certificates. The 3 Catholics had right of vote. 6. — To make regulations for the • . general government and Htunt and tliu otliur ol' the Koniiin Catholic iiicnihurs thereof. (II) It .shiill he the -■"— '-■•^> 27.- 28.- 2JJ. 26. — The Inspectors have to 26. — No more rights for Catho- observe that no books are lies as to selection of books, used in any school but those selected from the list of books authorized by thp Board of Education or sec- tion thereof. 27. — The Catholic Inspector may grant provisional certificates to competent applicants recommended by the trus- tees of Schools. 28— Under clauses 177 and 178 union schools could be esta- blished in Catholic Institu- tions and have their high school branch aj Catholics. 29.— The Board of Education may authorize the establish raent of a Normal Depart- ment, and the trustees of any such school shall there- upon establish such Normal Department (Catholic as well as Protestant). It is evident, from the above comparison that the Ordinance complained of and the regulations that are or may be framed in virtue thereof, alter most materially the conditions of the Catholics of the North-West with regard to their schools ; consequently, it is not exact to say that " The disallowance of the ordinance in ques- " tion will not meet the complaints alleged in the petitions." On the contrary, it would meet fully such complaints, the complaint being expressed as follows : " The said Ordinance and the said regu- " lations prejudicially affect the rights and privileges of your peti- " tioners and of all others of Her Majesty's Catholic subjects in the " Territories in relation to education." The report of the Honorable Coinnjittee says : " Disallowance " will not nullify any of the regulations complained of." On the contrary, disallowance would restore the right of modifying all such regulations and in fact abolish all regulations as well as dispositions uncongenial to the Ordinance of 1888. For instance, it would abo- lish the office of Superintendant and the power vested in its incum- bent : " to make and establish rules and regulations for the conduct " of schools and to institute and to prescribe the duties of teachers " and their classification." (Clause 7-b) -Upon the recommendation of an Inspector, the superin- tendent may grant provisio- nal certificates of qualifi- cation. -Where union schools are established, the high school department of such schools shall be non-sectarian (184). That is to say non Catholic. -High School departments of union Schools being •now- sectarian, the Normal De- pai'tment must be such and the Catholics, as such, have , no right therein. — 9 — The petitioners do not object to the nomination of a Superin- "tendant, but they strongly object to his appointmeot when, by the Ordinance, he is entirely and absolutely free from any control on the part of Catholics, who have no means to protect themselves against such an oflBcial, should he be badly disposed. The Catholics, as such, have no control over their schools and the law complained cf abandons them to a large extent to the good will of the Super- intendent. He may be the best of men and a very sincere worker for the success of Catholic as well as of other schools. On the other hand the superintendent, in whose choice the Catholics have no voice, may be the worst enemy of our institutions and work, cau- tiously perhaps, but surely, their destruction. The petitioners had this and other dangers in view, when they said : "The effect of the Ordinance is to deprive the Catholic Sepa- " rate Schools of that character which differentiates them from " Public or Protestant Schools and to leave them Catholic Separate " Schools in name only, and such, it is submitted, is its obviously " necessaiy effect." The petitioners did not enter into all the details of the case, Ohat would have h'lled a large volume) because they knew that the Ordinance complained of, as well as the one which would have been restore*! by disallowance, were both before the Honorable the Privy Council and they relied upon the intelligence and gf)od will of His Excellency's distinguished advisers to supplement what they will- fully omitted, on that account. 2. The rights of the Catholics are overlooked in some of THE points examined BY THE COMMITTEE. — The review of the disposition of the Ordinance of 18tf2, taken in its general aspect, is sufficient to show how much that law prejudicially affects the inte- rests of Catholics and what reasons they have to ask for its disal- lowance. I could perhaps, and surely I would like to, put an end to my observations, but the Report of the Honorable Com.uittee and its conclusions force upon me the following up of each of the points, which the Committ*^e have submitted to the Honorable the Privy Council. -X^ (a) Inspection. — After incomplete quotations with regard to inspection of schools, the Report disposes of the important question by the following observations : " Upon a comparison of the duties " prescribeil for Inspectors of Schools in the Ordinance of 1883 and that of 1892, as amended, it will be seen that they are practically the same." I deeply regret to have to say that this observation is if: i ' — 10 — mi&Ieaclinj5 ami cannot but convey u faint and unfair idea of the right of which the Catholics are deprived with re^jard to the inspection of their schooK". A few remarks will prove my assertion. The Board of Education had five Prote.stants and three Catholic memlters. All the members had the same rights, the three Catholics a« well as their five Prote.stants colleagues, in all questions of general interest. Foj- instance : " in fleternnning all appeal fiom the decisions of Inspectors. In providing Tor a uniform system of inspection of all schools and in u)aking re dations with respect to the duties of inspectors." The law dia not oidy give to the Catholics a voice in the framing of the regulations of general Board of Education into two having perfect tqual rights, had under its control and To that section alone belonged who hold office dnrmg tht interest but divided the general ditfereiits secti'^Mis, each of these Therefore, the Catholic section management the Catholic Schools. " the right: "to appoint inspectors pleasure of the section. " This office of Catholic Inspector was as separate from the office of Protestant inspector, as the C.'atholic Schools were .'^epjirate from other schools ; the Inspector had to examine Catholic Schools as such in all that distinjjuished them from other schools. The Catholic Section had the selection of the books used in its schools, it had the selection of the language which would form the main part of the teaching ; the same section had the right to enforce religious instruction ; it had the right to secure by examination, conducted by Catholics alone, the fitness of the Catholic teachers with regard to religious instruction and to any additional subject prescribed by the section. The inspection of (witholic Schools was ruled according to the lines above mentioned. All these privileges of the Catholics, all the obligations of Inspectors with regar I to the saaie, are now annided. No Catholic character is left to the inspection ; the Inspectors may now conduct it not only without Catholic ideas, but even in a spirit entirely opposed and the Catholics have no voice in the council to bring forth any redress. " Upon a (full) comparison of the duties prescribed for Inspec- " tors of Schools in the Ordinance of 18(S8 and that of 1893," I cannot in any way agree with the Hon. Ci)mmittee when they say that said duties " are practically the sauie." I am boun I to confess that I feel very little comfort in the fact mentioned by Honorable Mr. Haultain that : " Out of 4 inspectors we have one who is Catholic." The fact, it is true, proves that the Council of Public Instruc- tions in the N. W. does not re(|uire that School Inspectors should be hostile to Catholics ; but, beyond that the appointment of & Catholic inspector prores absolutely nothing. — 11 — To me the fact itself is a plain demonstration that the office of inspector is no more what it was, even if exercised by the same man. To perform his actual duties as Inspector, Father Gillies, though a Catholic priest, must conduct his inspection, n w that he is appointed under the Ordinance of 1892, in a very diiterent way from what his official duties would impose upon him, should he be appointed by the Catholic section of the Board of Education, ... under the Ordinance of 18H8. Tho two offices are most decidrdly different, both technically and " practical h'." My views on the siibject are corroborated in paragraph No 1 of the letter, which the Rev. Father Leduc addressed to me, on the 17th Feb. and which is attached to this memorandum as Appendix A. (b) Board of Education.— The Repoit of the Hon : Committee admits that the provisions of the two Ordinances, " differ materially " on this point. The Ordinance of 1886 vested rights on the general Board of Education and priviles»es on its two sections, the Catholic as well as the Protestant ; while the Ordinance of 1892 practically deprives the Catholies of all the rights they enjoyed in the general Board of Education and of all the privileges conferred on their section. Here lie? the whole Separate School question. Any accumulation of the most plausible arguments and the most clever plea, against the old system, or in favor of the new, are mere waste of time and fall short, if one does not loose sight of the radical changes, operated by the *'.uppre.ssion of the general Board of Education and of its sections. There, were the guarantees off'ered to Catholic as well as to protestant schools, while the practical consequence of the Ordinance of 1892 does away with such gua- rantees. It may be conipai'ed to a severe partial stroke of paralysis, it does not completely take the life from the body but it deprives it of all independant action or motion and of all means of helping itself. (c) Examiners. — The Report of the Committee says : " Although " the formation of the Board of examiners is different under the " the present law the Committee of the Privy Council are unable to " ascertain that the Board of Public Instruction has in any way " altered or restricted the mode and manner of examining teaehe; s." I am forced to say that snch an assertion cannot convey a fair and exact idea of the condition imposed upon Catholic Schools, by the Ordinance of 1892 ; the unfairness is due to the non considera- tion of the privileges conferred by the Act of 1888. I admit that, under the Ordinance of 1888, the Board of Educa- tion had alone authority to arrange for the proper examination, hi ' _ 12 — grading and licensing of teachers ; " but I decidedly object tf) the introduction in that statement of the words : " irrespective of either section, " and this for the simple reason that the two sections constituted the general Board. Should any member of one of the sections, in his personal capacity, propose any regulation antagonistic to the views of the members of the other section, surely the latter in their individual capacity would have opposed the motion. Suppose, for instance, that a Catholic member of the Board would have proposed something offensive to the views of non Catholic, it is certain that the Protestant members would have opposed the same, perhaps not as a Section, but as memVjers of the general Board, representing Protestant interests therein ; the same may be said also of a Protestant proposing something adverse to Catholic ideas. The working of the General Board required good understanding and mutual concessions among its members, " irrecpective of either section, " if you like, .but safeguarding to a great extent the views of each section. Now the Catholics have no vote in the Council of Public Instruction; consequently they have no chance of making their views accepted or even of opposing any attempt to force them into the greatest difficulties. T regret exceedingly that " the Committee of the Privy Council are unable to ascertain that the new law has in any way altered or restricted the mode and manner of examining Teachers. " The following remarks may perhaps show more plainly the alterations and restrictions of the new law. Under the old Or.linance, it was enacted as follows: " one half of the Board of examiners shall be nominated by each section of the Board of Education. The Catholic section had therefore the nominating one half of the examiners. The law said also : " Each section of the Board shall hav« the " selection of text books for the examination of teachers in history " and science. " Evidently the examination in history and science were not conducted " irrespective of either Section. " Moreover, it was decreed, in the old law, that : " Each section " shall have power to prescribe any additionnal subjects of " examination for the teachers of schools of its section. " This enactment, decidedly enabled each section to bring in rel'gious instruction, as a part of the examination. The law added : " In all examinations on such subjects, the " examiners of each section shall respectively have exclusive "jurisdiction." The Catholics of the N. W. T. are deprived of the four last mentionned privileges, exercised through their section of the Board right of mil — 13 — as they have lost the advantagre of being heard in the general Board itself in matuers relating to the examination, and it will be a long time before they can feel assured Uiat the actual law has not " in any wav altered or restricted the mode and manners ot* " examining i'eachers. " (d) Normal Schools. — The Ordinance of 1838 and that of 1892 are explicite enough to show difference which characterizes the two laws with regard to Normal schools. The Ordinance of 1888 does not repudiate Catholic Normal institutions. In its clauses 177 to 179 it provides for " high school branches " attached to what they call " Union Schools " and then ; '• the Board of " Education may authorize the establishment of a Normal department " in any such schools," Catholic or Protestant as the Union School may be. The Ordinance of 1892, clauses 184 and 185, provides for similar arrangements with the two following different propositions : {a) " Provided that the certificates held by the teachers of the High Schools branch are approved by the Superintendant of Education." (d) provided that, where Union Schools are established the High School department of such schools shall he non- sectarian." The meaning of the last words is fully explained by practice in this country. The distinction between the enactments of the two laws, with regard t'^ Normal Schools, has escaped the notice of the Honorable Coniniittee. It should have been taken into consideration, when the report says : " It appears to the Committee that prior to " the Ordinance of 1892, Normal schools had been sanctioned by " the Board of Education without objection and that an uniform " training of teachers had been adopted by and with the approval of " both sections of the Board." The Committee would not have been led to such an error, if Mr. Haultain had thought of laying before them the regulations adopted by the Board of Education on the 14th March, 1889 and the 10th September 1890. The Instructions of the 14th March, 1889 are for inspectors and principals of Union schools. It i- said, on page 5 (e). The following shall be the course of the studies in the High Schools branch of Normal Schools : (tt) For Protestant Schools. '■ Reading ; Sixth Reader with recitations, &, &. " (b) For Roman Catholic Schools : " Review of Intermediate Course, &, &." Then, about Normal sessions, we read : " I. Every Union School {Catholic as well as Protestant) shall have, if required by the Board of Education a Normal School Department." Now, we read in the " Amendments to the Regulations of the III 111 i I — 14 — Board of Education and of tho Sections L.ereof," the following rules adopted, the 10th Septeujlter, 1890 : Page 3. — 'The following books are prescribed for the use of candidates for third class certificatey ; by the P'^otestant Section : Ontario Public School English Gramnuir, &c, &c ; by the Roman Catholic Section ; as published and amended by adding ; &c., &c. " 45. The subjects of Examination for Second Class certificates shall be such and such, for schools under the control of the Protestant section ; or such and such, for the Schools un ler the control of the Roman Catholic section." Page 4. — '• The following books are prescribed for the use of candidates foi* Second Class certificates : " By the Protestant section : Stupford books, English Litera- ture, &c., &c. " By the Roman Catholic section : as published and amended by adding : kc, &c." Section 46 is amended by substituting the following : " For the list of books prescribed for the use of candidates for first class certificates by the Protestant section, &c., &c." No amendment for first class certificates by the Rouian Catholic section. Page 7. — " The head teaching of every High School branch of a Union school {Catholic as well as Protestant) shall be styled Principal of such school. " Page 7. — "(1) The legular entrance for pupils for the High School branch shall be in writino. " (3) The paper'j shall be prepared and the results declared by the Board of Examiners. " (half Catholic.) Page 9. — (6) " The following shall be the course of stu lies in the High School branch of Union Schools : " For Protestant Schools, stan lard V, as amende.! in programme of Studies, &, &. "For R)min Catholic Schoos; Review of the intermediiitj course, &, &. Page 10. — " 7. Every Unio i suhool shall have, when required by the Board of Education, a Normal School Department. " Page 12. — " 17. Any student attending a Normal session shall be obliged t) attend such classes, in Standard VI in the programme of studies of the Protestant Section; or in the Superior course of the Roman Catholic Section. Undoubtedly, all these regulations were kept out of the reach of the Committee when they say: "There is nothing to indicate that there was to be one Normal School for the Protestant teachers and another for Roman Catholic teachers but rather the one Normal School for all. " ii i ■ — 15 — For more ample information one may consult paraj^rapli 2 of Father Lediic's important letter (Appendix A.) fully corroboratjd J>y Mr. A. E. Forget, who writes to me,. on the 1st March, from Retina : " My Lord, " In accordance witli Your Grace's desire. Rev. Father Leduc *' has handed to me a copy of a letter which he ad(Jressed to you " regarding our school questions in the Territories. The facts which " he relates and with which ray name is associated are all fresh in " my memory and as they are in acconJ with my own remembrance.'?, " I can without the least hesitation, corroborate them by my own " testimony." I strongly recommand the perusal of the whole letter of Mr. Forget, from which the above is quoted. It is attached to this memo- rial as appendi.\ D. tt is but natural that the Honorable Contmittce should g ve a broad and favorable interpretation to clause 5 of certain regulations governing teacher's certificates and under the heading " person eligible without examiuMtion." The three first clau>es of these regu- lations established an oiious distinction between the certificates issued in Ontario and Manitoba and certificates from the other provinces of the Dominion and from the British Islan s. Und'U' clause 4 " the graduates of any University of Her Majesty's domiin'ons, inai/ receive non professional certiJicateK." The 5th • clause states " that persons holding certificates of educational value from institutions other than those mentioned may receive such certiticate as the Council of Public Intruction may deem them entitled to." The R'port of the Committee says this " clause 5 would appear to have been especially framed to meet the case of those persons mentione — body else than the meinbers oF touching orders, even the best qua- lified ; Rev. Mother Bond is unquestionably a teacher of the highest standing and experience. The paragraph 4 of Rev. Father Loduc's letter (Appendix A) gives another illustration of the position of the members of teaching orders. On the other hand; it is very refrtshing to hear Mr. Haul- tain statin^ in his memorial, " that no member of a religious Order, " teaching in the Territories to day is affected by the Normal " School regulations." Very well then for to-day, but clause 5, if it continues to be^ interpreted as it has been in 189U, will not free the members of Religious Orders from attending Normal School Sessions where and whensoever the Council of Public Instruction shall decide. (e) Books.— The Committee, in their observations about the selection of Books, seem to forget that each section of the Board of Education had an action of its own in the .-election of Books as well as in other matters. Mr. James Brown, secretary of the General Board was not the secretary of the Catholic Section and consequently, the records kept by bin, cannot furnish complete informations. With regard to the selection of liooks in connection with the examinations of teachers, all the members of the Board had equal rights. There is no doubt that the Catholic members did all in their power to meet the views of their Protestant colleagues and I am confident that they were r.iciprocated, the members of the Board did not meet purposely to disagree ov sys^tematically oppose one another, mutual concessions, at no sacrifice of principle, were surely a good policy, specially as it was well understood by all and each member that they preserved their personal indepeiidanco. An agreement was rendered possible by allowing each section the exclusive choice of their authors, on certain matters, and the exclusive conduct of the examination of their candidates on certain special subjects. This seems entirely overlooked in the Report. As to the selection of text books for pupils in the schools it was altogether in the hands of the section ; the respective members had only to agree among them.eelves. All these rights are taken away from the Catholics and no choice whatever is left to them in the .selection of books. Decidedly, I disagree with the Commitee when they affirm : " The Committee cannot say that the complaint of the petitioners in this respect is well founded. " To support their views on the subject, the Committee have bought proper to cite the following : " Mr. Haultain remarks that the Council of Public Instruction was but following the example of the Roman Catholic Committee of the Council of Publiclnstruction. — 17 — uiH friven answered Februiiiy, riieinorial D) fully the siiid of the Province of Quebec, which, he says, has ceased to use these " Metropolitan Readers. " I confess I was not prepared for such logic. The (\it/tolic Coniuiittee of Quebec replaced the Metropolitan Readers by another aeries of CdtlmticH readers ; thcrcfoi'e, it is said that the Cathol'icH of the North- West ought to be .satisfied that the right they had to the selection of books, For the -schools, ha.s been ta!4. The It'tttirs an; in no way coiiHiK'ntial, nevorthoIcMs I hail no intention of puhlishin^ thorn it' they had not h(>en alluded to in thu piddic* pi'iuts. IIl'I'c is the tinst letter : St. nonifaee, 2nd .lanuary IS1)4. " lli^ht lioiioraliic and Dear- Sir- .lohn, " Voui' telenr-nrn was r'eccived last ni;;ht and 1 hasten this morning' to answer- both l>y telei;rarn and letter*. " I have not a copy of the full t((xt of the I'ejruhitions made under* the oi(linMnc»( No 22, A. I). IH!>2. I see the utihty of that document to .*-how an instance of what can be done in virtue of the (,r*dinance it«elF, so I write and tele^Maph to Retina to obtain what I desire. " I'erndt me to state that such regulations are but an instance of what can be done. Kven if such lejrnlations had been delayed, it would pr-ove nothing in favor of the or-dinance, though the r*far-ies of their schools and if tire or-dinance is " allowed to go on, it is mei-ely and simply the sacrificing of the " rights, pnvileges and practice of the Catholic population and that " even in communities exclusively Fi*ench and Catholic. " The dariger of the ordinance of which we complain are so " obvious that at first we thought it was unnecessar-y to petition " for its disallowance and that the (Jovernment would prevent its " coming into force. It seemed impossible that the Ordinance " would escape its notice. " Now that we have petitioned, let us hope that we liave not ''done so in vain. The Catholics are weak in the Nortli-West and '- that but increases the obligation of the Government to protect f tliem. " With tlie most profound respect and este'-m, " I remaiir, " Your obedient .servant, " ALEX, Arch, of St Boniface, " O. M. I." _ 21 — On tln^ '\r<\ .lanimry 1 receive2 and No, ' 22 also of the amendments to the said Ordinance passed in 1898 " and No. 2M. " May I be allowed to add that this trouble in the North-West " is the result of what has happened in Manitoba. The delay is " increasinfj the difficulties and adding to the injustice perptitrated " against the C-atholics and French wlut have been the pioneers in " this country. What a disgrace to Canada if this injustice is allowed " to go on without being checkeil. " With much respect and esteem, " I remain, " Your obedient servant. Vi m " ALEX, Ahch. of St. Boniface. " O. M. I. " After having detailed the particular features of the old .system, the Petitioners said : " The system op*^rated with entire " harmony " and to the general satisfaction of all connected with the active work " of education in the Territories. " The report of the Committee having quoted the above passage added sneeringly : " it was under " that system that the regulations now objected to were made. " The thrust, sharp ai? it looks, is not after all so incisive, for the simple reason that the assertion is erroneous and ungrounded both in fact and as a deduction. :ii III fe, • :i;! > '• t '.■ii ; I — 22 — (i) Petitions. — The report says : the Petitioners seem to have considered " they could hardly ask with confidence for disallowance of the Ordinance ; " and this assertion is based on the fact that the prayer of the petitioners had an alternative. I can assure the Honorable Committee that the petitioners were entirely satisfied that they could ask with confidence for disallowance and if they prayed with an alternative it was for another reason. They cannot help but think that they are badly rewarded when demanding their rights for having stated that they would accept the mean selected by the Government, providing it was radical and efficacious. They firs*^ humbly prayed that His Excellency may be pleased to disallow the Ordinance and secondly, (but it appears wrongly for their interests,) they appealed to His Excellency in Council and prayed that the Legislative Assembly and Council of Public Instruction be ordered and directed to repeal or amend the said Ordinance and, because they used such an alternative, the report does not hesitate to say that " the Petitioners seen?, to have considered that they could " hardly ask for disallowance. " I take the liberty respectfully to remind the Honorable Committee that their observation in no way applies to one of the petitions, as it is unjust with regard to the other-. In forwarding to the Governor Gener.il in Council other petitions entniJ^ted to me for transmission, I added my own petition in the most concise terms possible and this is how it reads : " I join " my humble request to that of the petitioners to pray that a remedy " should be applied to the inconvenience complained of. The " intention of depriving the Catholics of their rights, in matters of " education, and of abolishing the use of the French language, " especially in the schools, is so manifest that, unless it is checked " at once the injustice will be perpetrated. • " Surely it cannot be thft will of the Governor General in " Council to permit such a violation of the law which has organized " the Territories. " I hope therefore, that the Ordinance and regulation complained " of, will be disallowed and your petitioner shall always pray." ALEX, Arch., of St Boniface, 0. M. I. I was so entirely sati-fied that the Honorable the Privy Council would easily perceive the danger of the Ordinance, that I thought it at that time useless to help them by pointing out such dangers. The report of the Committee is correct in stating that : " an " appeal in the sense of the British North Atnerican Act, referring — 23 — " to appaals to the Governor General in (council, on matters affectinjy " edncation in the provinces of Canada, is not estabUshed asreii;ard3 " the Territories." This disposes of one of the alternatives mentioned in most of the petitions, it destroys the alternatives so that the demand for disallowance is thereby the only one prayer to be con- sidered. The Honorable Committee does not deny their right to comply with that |.raj'er. They merely glide over it and nothing- of that which was demanded is granted. The two refusals, one through want of power, the other through want of will, do not nevertheless satisfy the Committee and they quote the Noith-West Territories Act, invoked by the petitioners, as an acknowledgenaent that in reality the Catholics of the North- West have a right to their separate schools and that it is to be regretted that such rights have been trespassed upon, by the Ordinance complained of and " they " feel confident that any suggestion having his Excellency's Autho- " rity would be given all proper consideration by the Assembly and " by the Council : and they advise that communication be made to " the Lieutenant Governor of the North- West Territories, urgf ntly " requesting that the complaint set forth by the petitioners be care- " fully enquired into, and the whole subject be reviewed by the " Executive Committee of the Noith-West Assembly, in order that " redress may be given by such amending ordinances or imending " regulations as may be found necessary to meet any grievances or " any well founded apprehension, which may be ascertained to " exist." Let us remark that the urgent request is addressed to the very men who have caused the whole uiflficulty and that their leader has already boldly and officially affirmed there are no " grievance or any ■' well founded apprehensions " that the Catholics can point out. Time alone will show what will be the result of such an indefinite and uncertain policy. (f) Conclusions. — Meanwhile the seed of fanaticism and reli- gious persecution is planted in the plains of the North- West; it is carefully cultivated at Regina, surrounded and protected by parlia- mentary enactments and official cares. The obnoxious seed has already obtained the proportion of a large tree. By order from Ottawa it could have been eradicated ; but no, it is allowed to grow under the simple advice to cut off its longest stems, if thought to exceed proper dimensions, to graft on its coarse trunk, some better shoots, from which could be gathered fruits less offensive to the taste of individuals and less dangerous to society. I have read the report with a deep feeling of surprise and pain ; it may be perhaps considered as a clever piece of pleading against Catholic interests but I regret excessively to be prevented from con- sidering it as a complete statement of the case or an impartial inff l\ '* — 24 — judj^inent of the same. Tlie report is largely a mere endorsation of Mr, Haultaiii's views, though it does not re(|uire the well known ability of the members of the Committee to ascertain that the mem- orial of Mr. Haultain can, in great measure, be easily refuted by the very text of the two ordinances spoken of. I easily understand that at a distance, without full practical knowledge of the details and the working of the two school system-^, some errors could have found their way in the report, in spite of the best will ; but what I cannot understand is that the Catholics have been kept in complete ignorance of Mr. Haultain's assertions, against their petitions. No one was condescending enough to inform the Venerable Bishop Grandin, or those who represented him or any of the representatives of the Catholic population, of what the chief of the Executive at Regina had communicated to (3ttawa; documents and views which have been all accepted, without challenge and without giving to the interested parties the least chance of refuting them. The petitions of the Catholic laity were all signed by represen- tative men ; men elected by Catholic rates prayers as trustees for the different school districts, some of whom are natives of the country, who are more entitled to protection and cautious treatn;ant of a letter adressed by the Hon. Judge Rouleau of Calgary, to a minister of Ottawa. The Hon. Judge has been, for years, member of the old Board of Education and of its catholic section ; so he is perfectly well post(^d on the law of IHHH and able to appreciate the radical changes bi'onght upon Catholic Schools, by the Ordinance of 1892. His practical knowledge of all the details, supported by his profi- ciency in law gives particular weight to his opinion. With his permission, I here insert copy of his letter. Dear Sir, Calgary, 80th May, 1893. " At different times n)y attention has been especially called on the School Ordinance passe 1 at the last session of the Legislative Assembly of the North- West Territories. " After ujature examination of this Ordinance, I have come to the conclusion that it is ultra virei^ of the powers of the Legis- lative Assembly for, among others, the following reasons : 1. — " Because it is not provided by the said Ordinance that the Separate Schools should be governed and controled by the minority, but that they are in fact controled and governed by the majority ; in a word, we have no Separate School system, such as provided by the spirit of the law, chap. 55, section 14 of the Revised Statutes ; 2. — " Because the section 83 of the said Ordinance No 22 of 1892, provides that the English language be compulsory and taught in every school ; what is contrary to the spirit of section 18 ch. 22, 54-5G Vict., 1891 ; 3. — " IBecause the section 32 of the said Ordinance (1892) is in Ij 4 ■. .li l^ > I ! I'l — 26 — contradiction to section 14 of the North-West Territories Act, (ch, 50 R. S.) in that it limits the rights of the minority more than it is limited by the said section 14. " But of course the principal objection of the Catholics to the School Ordinance is the absolute control, the choice of text books, the schools inspection, etc., by the protestant majority. " The Separate Schools exist now but in name ; they do not exist in fact. " For the above reasons it seems to me that the Federal Government should disallow this Ordinance on the shortest possible delay, and thus prevent grave injustice towards the Catholic minority. " I have the honor to be " Your obedient servant, " CHARLES B. ROULEAU." lill m SECOND PART. WHY AND HOW MUCH I REGRET THAT THE HONORABLE THE PRIVV COUNCIL HAS ACCEPTED THE REPORT OF THEIR COM- MITTEE AND PASSED AN ORDER IN COUNCIL IN CONFORMITY WITH THE SAME I shal' surprise no one by stating that I deeply regret the order in Council, which has accepted the report of the Committee, review- ed in the first part of this memorial. I regret this act of the Fed- eral Government because, as I have proved 't, it rests on incomplete arid erroneous data, from which it draw? nclusions, that cannot be admitted, I regret that act because it consummates a crying- injustice and erroneous date, from which it draws conclusions, t):at cannot be admitted. I regret that act because it consumni jn a crying injustice and constitutes a real danger for the Institutions by which we are governeil. I am the Metropolitan of the Eccle- siastical Province, in which are situated the Territories of the North- West. I am the Bishop of a diocese which embraces all Manitoba and most of one of the district of the North- West ; Regina the capital is within the limits of my jurisdiction ; it is evident there- fore that I do not exceed my functions. I merely claim the right of my flock, in raising my voice in favor of schools in which [ could feel assured that the Catholic children would receive an education in accordance with the faith of their parents and the teaching of their church. While accomplishing my duty as a pastor of souls, I am sure not to astonish the Honorable the Privy Council of Ottawa, by sta- ting that I have the right, nay, the obligation of acting within the lines traced for me, by the civil authorities of my country ; when I was asked by them to cooperate in the settlement of the difficulties, which had arised at Red River, previous to the entry of the North- West into Confederation. I request therefore to be heard, not only on account of my position in the religious order, but also on account of the position assigned to me, in the political order. I c.innot have been used as a medium of pacification, during the difficulties of 1870, and be obliged, to-daj'', to remain a silent witness of the vio- lation of the promises which, more than anything else, secured that pacification. As a general proposition, I say without hesitation that what ' (! '! ii 1 ■ I — 2H — ■is now going on, in Manitoba and the Canadian North-Went, with regard to schools, is a flagrant and unaccountable violation of the assurances given to the Catholic population of these vast countries. Such assurances were entrusted to me for transmission, precisely because I was the chief pastor of that population. My Episcopal character did not prevent the civil authorities asking my aid, in a settlement of political difiiculties : and I claim the political mission I have accoii'plished should strenghten my voice when I /»tate that the population was deceived, when asked to accept an agreement, whicii it would have repudiated, in a very energetical way, if it could only have suspected what is going on to-day. To render my contention clearer, I must first relate a few facts. In March LSIJO, the conditions of the transfer of the Territory of tho North-West to the New Canadian Confederation was settled, bet- ween the Imperial Oovernment, the Commissioners of Ottawa and the Hud.son'" Bay Company. In the course of that negociation the inhabitants of the country were entirely ignored. Later on, Lord Granville in his dispatch to Sir John Young, Governor General, cautioned the (Jovernment of CanaJa : " that the old inhaV)itants of " the C«nintry will be treated with such forethought and conside- " ration as may preserve them from the dangers of the approaching change." This wise advice was not acted upon ; on the contrary, such measures were taken that. Lord Granville in a dispatch, dated the 3rd. November ISG!), dit not hesitate to state : " The Canadian Government have b}^ tliis measure given an occasion to an outburst of violence in the Territory." The noble Lord added afterwards : " Those proceedings have certainly enhanced the responsibility of the Canadian Govei-nment," the Imperial Authorities, in consequence of the dissatisfaction of the people, took on themselves, a closer direction of affairs, in order, according to Lord Granville's words : " to exhaust all means of explanation and conciliation before having recourse to force." To comply with such direction the Canadian Government asked Vicar General Thibauit and my friend Mr. DeSalaberry to proceed to Red Rivei-, in order to ca,lm the appre- hensions of the people. Sir Donald A. Smith received a commission under the Great Seal of Canada, and started for Fort Garry to use his salutary influence as mediator, and to turn towards that end the resources of his ability and the means that h'u exalted position placed at his command. I was then at Rome, enjoying the happiness that the gi and and imposing ceremonies and dt^libei'ations of the Jllcumenical Council of the Vatican, could procure to a Bishop devoted to his church, when a telegraphic despatch called me to Ottawn. Owing to the importance of the summons, the Sovereign Pontifl' dispensed me from the ordinary rules of tho Council for obtaining leave of — 20 ,'ord3 : absence. His Holiness granted me a private aiulience, Messed my mis ion and myself and added with emotion : "I hless the people of the Red River, on condition that they will listen to your advice and live in peace and charity." I left the Eternal City, on the 12th January LSTO. Gu my meeting- Sir (Joor^e C'artier in Montreal, he said to me, with his usual frankness: "I am hnppy to see you, we- have blundered, and you must help us to undo the mischief." I proceeded with him to Ottawa and remained in the Capital some ten days. 7 often met the (Jovernor General and his Ministers. His Excellency called me to several private audiences, either alorm or with some of his advisers. I had an interview with the whole Ministry, and several with its leadinpf members. After I had l)een made well acquainted with all the circumstances of the case, my departure for the North-West was fixed for the 17th February. The day before leaving, I had the honor of a lono- interview with the Governor ({eneral. His Excellency handed me the following autograph letter : " Ottawa, Fel)ruary 10, 1.S70. " My Dear Lord Bishop, " I am anxious to express to you, before you set out, the deep " sense of obligation which I feel is due to you for giving up your " residence at Rome, leaving the great and interesting lires in " which you were engaged there, and undertaking ni th's inclement season the long voyage across the Atlantic, and long journey " across this continent for the pur[)ose of rendering service to Her " Majesty's Government, and engaging in a mission in the cause of " peace and civilization. " Lord Granville was anxious to avail of your valuable " assistance from tlie outset, and I am heartily glad that you have " proved willing to afford it so promptly and generously. " You are fully in possession of the views of my Government, " and the Imperial Government, as I informed you, is earnest in the " desire to see the North-West Territory united to the Dominion on " equitable conditions. " I need not attempt to furnish you with any instruction for " your guidance beyond those contained in the telegraphic message " sent me by Lord Granville on the part of the British Cabinet, in " the proclamation which 1 drew up in accordance with that " message, and in the letters which I addressed to Governor " McTavish, your Vicar General, and Mr. Smith. "In this last I wrote : all who have complaints to make, or- " wishes to explain, are called up to address themselves to me, as Her " Majesty's representative, and you may state with the utmost con- " fidence, that the Imperial Government has no intention of acting. %r Hi' h t ; • ?l i'li liiin ill .■i!!;|) - ii w — 30 — " otherwise than in perfect good faitli towards the inhabitants of " the North- West. The people may rely that respect and attention " will be extended to the different religious persuasions ; that title " to every description of property will be carefully guarded and " that all the franchises which have subsisted, or which the people " may prove themselves qualified to exercise, shall be duly continued " and liberally conferred. " In declaring the desire and determination of Her Majesty's " Cabinet, you may safely use the terms of the ancient formula : " ' Right shall be done in a'l cases." ' "I wish you, my Dear Lord Bishop, a safe journey and success " infyour benevolent mission. " Believe me, in all respect, " Faithfully Yours, " John Young." With the above letter in my hand, there is certainly no teme- rity, on my part, in stating that I have the right and even the duty to point out the manifest violation of the promises it contains. The Legislation of Manitoba and of the North-West, on the School ques- tion, is contrary to assurance given, and as long as a proper and efficacious remedy is not applied, I shall remain convinced that the social equilibrium is disturbed in Canada and that the perturbation is the result ; 1. of the violation of royal promise; 2. of the sacrifice of a federal autonomy : 3. of the abandonment of the minority to the unjust vexation of the majority. 1. — Violation of royal promise. — When I met the Governor General in Ottawa, in 1870, he insisted, in a special manner, that I should accept his word as a sure guarantee. He was not acting simply on the advice of his responsible ministers, but he w. acting as the direct representative of our Beloved Queen, having xcceived from Her Majesty's government a special direction to that effect. As a proof of this special mission His Excellency, in alluding to his proclamation of i^ecember 1869, told me; "The proclamation T drew up in accordance with the mes.sage of Lord Granville." That proclamation had not yet been promulgated in the Red River settle- ment ; it was given to me with the request to make it as widely known as possible ; specially among the Catholic population. His Excellency pointed out the following passage : " By Her Majesty's " authority I do assure you that on the union with Canada all your " civil and religious rights and privileges will be respected." The very letter, I have quoted above, proves also that the Governor was acting in the name of Her Majesty ; otherwise he — 81 to could not have said to inu : " I am anxious to express to you the *' deep sonso obligation vvliich I feel is due to you forgiving up your " residence at Rome, for the purpose of renderivg service to Her " Majesty's Oovern'nievt." His Excellency let me know that my services had been desired by the secretary for the Colonies, and he wrote : " Lord Granville was anxious to avail of your valuable " assistance from the oiitset and I am heartily glad that you have " proved willing to afford it." Alluding to our long and numerous conversations. His Excellency added : " The Imperial Government, as " as I informed you, is earnest in thi desire to see the North West " Territory united to the Dominion on equitable conditions. The " Itnperial Government has no intention of acting otherwise than " the perfect good faith towards the inhabitants of the North- West." His Excellency was so anxious that I should persuade the people that they had nothing to fear, on account of their religion, that in his letter to me, he added a new promise to the assurance given in hia proclamation. In that letter, we read" By Her Majesty's authority, the people may rely that respect and attention will be extended to the different relif/iouc persuasions." If the Proclamation issued by the representative of Our Beloved Queen, in her name, and framed by special direction from a minister of Her Majesty ; if the letter addressed to me, to corro- borate His Excellency's most solemn assurances, given "by Her Majesty's authority"; if all that means any thing and is not purely idle talk, it means that : at the union of this country with Canada all religious rights and privileges of the different religious persuasions ivould be treated with respect and attention. The Catholic populations of Her Majesty's domain were not to be excluded from such advantages ; the proclamation was specially intended for them, as well as the letter addressed to me. Now the religious convictions of the Catholics, with regard to the education of children, are well known ; they are the same in all countries and at all times ; they are such that the faithful and their pastors bear all sorts of expenses and annoyances rather than to desibt from them. . ' A Catholic population does not enjoy full religious freedom, when impeded from having schools, in accordance with their own ideas or convictions. This was well known to the Governor Genera! of Canada, when he promised respect and attention for our religious persuasions, when he assured the Catholics that their religions rights and privileges would be respected. It would have been a mockery to add that there would be no protection for Catholic schools. That mockery, the Catholics have to bear it now, both in Manitoba and in the North-We.st. Respect and attention are extended to the different religious persuasions, except to - .S2 — t [I Catholics; so imicli so that Protostaiits arc jLCrauted schools that satisfy thoiii while tlio Catholics arc rct'iiscM! the faiiic privilc^oH ; tht'ii* schools are siu'rounded vith Hirticiiltics, on account of religious convictions. In l.sno, the (lOVernnicMt oF Manitohu thonj^dit of a law which would niodiiy hoth the Protcsstant and the (Catholic schools to such an extent as to ussiniilatts them all, \>y hnnishin^^ ell religious instruction. The ntteni|)t Tailed, as I'ar at least, as Protestant schools are concerned. These schools I'einained what they were, plus the obligation for Catholics to help in their support. The Catholic schools, on tiie conti'ary, ceased to be recoj;ni/ed ; they are deprived of theii- li^itiniate share of (loveriinient ;4rant ; they are even deprived of all le^al ni(,'.*»ns of .;ecurino' any help. If the Catholics of the Province do not accept the sy.steni vieweil with so much favor by the Protestarits, all C'atholic school properties in the Province are to bet confiscated and Imnded over to inunicipalii/ies, in several of which the Catholics have no action but that of paying th-ir taxes, not only the general numicipal taxes, but also the taxes levied for the support of Protestant schools. Such is the respect and attention extended "to one of the different religious persuasions", in Manitoba. In the first pirt of this nieniorial, I have shown, under its true light, the condition of Catholic schools hi the Noi'th-West under the Ordinance of l.Si)2, which the (Jovernnient of Ottawa has just of declined to di>ullow. More cautions than the tiovernment of Manitoba, that the Territories has left the Catholic schools in e: istence, but it has deprived them of what constitutes their true character, and of their freedoni of action. The new school laws of Manitoba and of the North- West are a plain and manifest violation of the assurances given by Her Ma- jesty's authority and in Hej- name. The Catliolic persuasion, " far from receiving " the respect and " consideration promised to the different religious persuasions," is deprived of rights and privileges, which ought to be considered natural and inalienable, in a country, which boasts of religious equality and of freedom of conscience. The (jlovernor General wrote to me : " In deciding the desire " and determination of Her Majesty's Cal)inet, you may safely use " the terms of the ancient formula, Ri(/ht f^halt he clone in all cases" I used the tei'tns, they were respected for twenty years in school legislation, but since 1890, the lie is given to the formula. I know, better than any one else in the world, the impression I was asked to convey to the dissatisfied people of Red River, and know that the assurances, then given, are not taken into account, I strongly protest against such injustice and violation of the promise said ther to be formulated by royal authority. — 38 — 2.— SaciufK'K ok I'EDEiiAi, ACTONoMY. — Now ii days, it is often spoken of provincial autonomy aii;()ciati<)iis with tho (l«'h!^'Kt«'N closed sati»- " fjictorily." All that was to I'u and was (lone, without tntspas.sin^ on the autonomy of tht; Dominion of ('anada ; hut all that c Mild nut be dune, without imposing' on Canada new and .special ohliga- tion.s, that sIm; svouI I have to respect and cause to he respected, thr[, some way or other, about the above nifntionetl matters or some simil.ir, would Ottawa hesitate for a moment to disallow such (enactments' and if the people were complainiiif^ of tiie violation of their rights, it would not take a long time to tell them that rights imply obligatinn.s and that the Feder.il CJovernment had to protect its own autonomy; disallowance being merely one of its prerogatives. The Federal Oovcrnment would have thousand times reason to resort to such self protection, a.s it is thousand times wrong in neglecting its obligations. Obligations are in ruility more sacred and more imperative than the revemlicition of a right. Authority can desist from a legitimate claim but it catniot do lightly with an obligatioi . Let us now consider what are ^' e obligations of the Federal (lOvernnient, with regard to E lucation, in the countries, which have been the object of the negociations of 1870. The Delegates of the North-West carried to Ottawa and sup ported a certain Hill of rights. The 7th article related to schools and demanded Separate Schools and an equitable distribution of school money, in order, according to the Governor General's expres- sions : " that respect and attention would be extended to the diff'er- " ent religious persuasions." No objection was made against this pr>)po8ition of the Delega- tes. On the contrary, they were assured that it would be carried out and, on both sides, it was considered as a condition of the entry of the North-We.st into Confederation. Otherwise, the Governor General could not have produced to the satisfaction, wliich was experienced and expressed by the Imperial Government and caused — Hn — l>y th«^ tflrymm of i\\v Mnl (tf May statinj; ; " Nt'^'oiMiitious with tlitt " (lulr^'iitt'M <'l(».s»!(| Hutisructurily. " 'I'lujri't'oro, tlio DcU'gatus iisUimI for Su|»anit« Schools, which wouhl have tho rij;ht to shurn in school iippropriiitioiis ; the r»)i|Ui!st was accepted I'avoniltly hy the MiiiistciM, who wcro nej^'ociutiii^ in tliu name of Canaiiian (lovcrnincnt. Lot''! (Ininvillu in thu naniu of tho Imperial (loveiniiiuiit, wrote to Sir John Vonn;;, on the iMth c f May IH7() : " I take this opportunity of expr-essiti^^ the satisfaction with " which I have leai'tUMl from your telcirrain of the '.\v\\ inst., that the " Canadian (lovernmcnt utxl thu Delegates have come to an under- " Htandin}^ as to tlio torms on which the settlements on the Ked " Kivir should l)e admitted into the Domitiion." Tlu'so facts cannot be denied except tlu'ough a complete ij>norance of the nepxiiations. I know the oltjections l)rou;;ht forward against my assertion, l)Ut they have no weight nor value. For an instance, it is said that tlie l)('l.'gat"s wei'o not tlie representatives of the people of the North-West, this ohjection is al)solutely futile, since the (Canadian (Jovernment recognized them, negotiatcid witli them with the know- ledge, the approhation arid at th<; satisfaction of the Imperial (iov- ernment. They nlso attiruuMl that the " Hill of rights, framed at the public " convention, niaile no rtiference to schools; that i\\^ schools were " not spoken of at the convention." This other error iloes not stand lu^fore the knowledge of facts. Sir Donald A. Smith, Canadian Commissioner at Ked Kiver, during the disturbance, is un(|Uestionably a reliable witness of what occured at the Convention, in which he took so prominent a part and which gathered, at Fort (Jarry 20 representatives of the Fngli>-h populfition and 20 of the French. The report of Sir Donald A. Smith was printed in the Sessional Documents No 12, 1(S70. Sir Donald recogni.ses that the statement published in the .lournai "The New Nation", ia fairly exact. Then the "New Nation", reports the })th aiticle of the Bill of Rights as prepared by the Counnittee of the Convention and which reads as follows : ' ArticU; Dth : "The fiuni of $15,000 a year be appropriated for schools k" A di-scus-^-ion ensued and " Mr. K. McKenzie seconded by Mr. Kiel, moved that the amount be $25,000. Mr. McKen/ie's amend- ment carried " and the article as ameml'^d was adopted, on a " division ; yean 27, nays !)." In consecjuence the Bill of Rights, submitted to the Hon Mr. Smith, demands, in article 0th that, "the sum of $25,000 a year be appropriated for schools &" — and the answer of the Hon. (Canadian Commissioner was: "I feel quite certain that an amv)unt, even exceeding that here mentioned, will be appropriated for the purposes referred to." lllii *^l' m — ■i i It is evident, therefore that the schools were referred to in the convention, that a yearly appropriation for that object was put in the Bin of Riffhts framed bv the same convention ; and that the Hon. Canadian Commissioner did not hesitate to assure the people that their request would be more than complied with, by the Cana-t)0(l and accepted as such by the negociators. I do not ignore that the Manitoba. Act has been unfavorably intcrpivted ; nevertheless, and notwithstanding ni}' respect for and submission to the courts of my country, I do not hesitate to state that the (juestion is r.ot settled in a just and satisfactory manner. I wish to be understood. The Coui'ts have pronounced simply on the interpretation of the words of the law : they have not examined the other aspects of the question. It is evident that the wording of the 22nd Clause of the Manitoba Act has not been able to command the unanimous opinion of the learned authoi'ities who have pronounced on it. The first sub-clause has been examined by the highest tribunals of Manitoba, Canada and England with the foUov.'ing results. The Court of Queen's Bench has pronounced unfavorably to the minority, three judges being against, and one in favor. The five judges of the Supi'eme Court of Canada, have been unanimous on an interpretation of the law favorable to said minority. Therefore, in Canada, six out of nine judges have decided that the law wliich in I'eality had been passed to protect the minority, is clear enough to attain its object and the intention of the legislators. The cause having been brought before the Judicial Committee of the Privy Council, met with defeat. I am told that the judges were not unanl .lOus ; if so, the cause of the minority is supported at least bj^ lialf of all the Judges, who have given their interpretation. The diversity of opinion between the tribunals and between the members of some of them is not an inducement for the minority to view witJi satisfaction, a result depriving them of rights, guaranteed b}' the negociations and which have been recognized as 37 — certain, during 20 years after the creation of Manitoba. One is compelled to acknowledge that human justice is very uncertain and that human laws are often badly defined. The opinion of the Supreme Court of Canada has been asked for by the Federal Government, on certain special points indicated by the C overnment, and outside of many considerations and facts which command attention in a cause so important to the welfare cf the minority. Here again the opinions difi'ev and the learned Judges do not agree on the meaning of the law and its applications. Six questions were submitted for opinion. On one point three Judges out of five gave an opinion favorable to the appeal by the minority : on the five other points, three out of the five Judges, decided against that appeal. What will now be done ? The opinion of the Board is not binding and the Government remains with its responsibility, and the Parliament with its power. What will now be the action of the friends and adversaries of freedom of teaching? The sacred cause is just now in a very alarming condition, both in Manitoba and the Territories ami this condition of affairs, I cannot help repeating, is diametrically opposeil to the intention of the legislators, who enacted the laws, which are now interpreted against the minority, though they were expected to protect the same minority. Thei'e cannot be two opinions concerning the intention of the legislators at Ottawa, in voting the school clause of tlie Manitoba Act, 1870. All proves evidently that the object of that legislation was to protect the minority either Protestant or Catholic. Every circumstance connected with that legislation points out in that direction ; the negociations asked for by the Imperial and Canadian Government to arrive at an understanding which satisfy the people or the North West and tlispell their apprehensions; the request of the delegates asking for separate schools ; the satisfactory answers given to the delegates; the promises of the Government ; the very fact, under such circumstances, of the introduction of a school clause in the Matiitoba Act ; the discu- ! — 40 — and Manitoba in its twenty fourth and in this province, Ca holies nve already ostracised ; not only are they deprived of their legitimate share of the School endowments, but the taxes levied upon them are for the benefit of schools conducted contrary to their convictions; more than this, their school properties are confiscated, properties acquired by their own money without any help from outside ; and Ottawa permits it to go on ! Where is the country going to, under such a system ? To-day, it is the spoliation and arbitrary confiscation ; to-mor- row, it may be imprisonment and if the majority so wishes,asit says it cannot be controlled, it may be that next thing will be banishment or the reenactment of penal laws. Manitoba hns already seen the outlawry of one of its children, to whom protection had been promised. It may be admitted that it is a dangerous game to disregard »ninorities, to tli ex<-'^nt of considering them as an insignificant quality which is t to be taken into account. A pin is the mallest of toilet articles : used properly, it may add to the elegance and comfort of a dress, but if the little article is uncautiously placed under the heel, it may turn up to the discomfort of the imprudent, who uses it that way, and his walking will certainly be impeded, even it* he is the most elegant and fast walkei". If he persists in disregarding his mistake it may be the cause of muscular disorders followed by the most disastrous consequence. Something similar may occur in a social oro-anization. A minorit3^ small and weak, as it may seem, has always some influence. Treated with justice and consideration, it may add and will surely add to the strength and honor of its country, but if the same minority is despised and if, instead of being allowed its proper place, it is crushed underfoot, a different result may be expected. After all, the oppi'essed minority is not so numerically insigni- ficant as people seem to think. In Manitoba and more so in the North - Wpst, the Catholics are, in proportion to others, more numerous than the Protestants ai'c in proportion w^ith the Catholics in the Province of Quebec. If I am not mistaken, there is, in the opinion expressed lately in the Supreme Court something which could be applied to the Province of Quebec, in the same way as too many ai'e pleased to see it applied to Manitoba. 1 know that the majority in Quebec will never attempt to deprive the minority in that province in the matter of Education, of anything appertaining to the religious convictions of the -aid minority. I am proud and happy that the well known di.-spositions of my countrymen and co- religionists inspire me with such conviction and trust. If, although impossible, the majority of Quebec should think of — 41 — dppriving- the Protestant minority of the rights anti privileges acknowledged previous to its entry into Confederation and which have since been recognized by provincial laws, Yes, should such a proceeding be attempted, we should experience the most violent commotion ever seen in the country. From Hwlifax to Victoria, from rile de Sable to Charlotte Island, by water and hy htnd, everything and every one would be put into motion to protest against the injustice, the bad faith, the encroachments, &c., &c. The excitement would be such that there would be no delay in Ottawa to disallow the provincial law. Then, the provincial autonomy would have to retreat before the federal autonomy, and that would be right and the Catholic Canadian Bishops, would be the first to join their voices to that of the Prote'^tanfsoi Quebec, to the demand that the latter should be treated with justice. How is it then, that the sin)ilar attempt is so differently considered, when directed ao;ainst tlie minority of Manitoba and the Noi th-West ? Alas ! the sole possible explanation is that there are two weights ami two measures, according to the violence of the cries, or to the disposition of those to whom weight and measure are applied. The last general census, for the Dominion, rngistered, in round figures, 2,000,000 Catholics and 2,800,000 non-Catholics, Protestants anil others. The difference is large, but is it large enough to justify the opinion, which seems to prevail, that Cat/adics do not need to be treated as others, and thut they are boxind to accept silently, if not thankfully, what is decided by their fellow citizens of other creeds { We had peace in Manitoba and the North-West, with regard t" Education. The promise coming from England had been repeated at Ottawa and their softening echo was repeated through all the prairies of the West. Then came a man, who breathed over the country a breath of discord and fanaticitnn ; politicians did not hesitate to utilise the dangerous weapon to defend their own position bj' stimulating the desire of abolishing all religious instruc- tion in all the schools ; they could not have failed to see the ultimate result. The majority raised their voice against the project, in as much as they were concerned, and then they entered into a bargain with che politicians. The majority told to the authors of the school law : " You may abolish the Catholic schools, we will be but too *' glad, but do not touch our Protestant schools ; we wish to keep " them what we have made them." " Very well, said the politicians, " give us a compact vote, support ail our measures, and then, not 'only will we abolish Catholi- schoo's, but we will force their " supportei's to pay for yours." And so it was done. Catholic schools were condemned by the very same law which piotects and enriches 11! I 1 — 42 — I ( I the school daar to Prote.st(i,nt idea'*. Prace ha>< since disappeared from the country, dissension is among its citizens ; the bad seed is also takir g root in the North-West and a painful agitation threatens Confedeiiitiou. Poh ,ical parties fear or expect the result that could come out of the eseitenient; the tribunals are exercised with tlie most subtile interpretations ; the books of the learned are searched in, to ascertain that the Canadian Parliament knew or did not know what they said, when they prt^ iied and voted the Constitution of Manitoba. In tlie miflst of that legal and political tournov, the most contradictory opinions nre expressed by equally learned men. Outside of the Couits, sinne f^ny : "(Jneonstitntional or void laws ought not to be disallowed" ; others add : "The Ordinance o\' the Noith-West was not to be disallowed, being within the limits of the ( -onstitution." It is .>-aid yes, it is say no, and the discordant voices prevent the protection required and asked for. We have the most evident proof that the wording of the laws is not the leal source of our difficulties ; iiere is the proof of my assertion : The Manitoba Act, passed by the Feile^'fl' liegislature in 1870, ratified by the Imperial Parliament in i(S7l, reads as follows in its 2.Srd section : "Eit er the English or the French language may be used by any persons, in the debates of the houses of the Legis- lature, and both those languages shall be used in the respective Records and Journals of tho.se Houses. And either of those languages maj' be used b}^ any person, or in any pleading or process in or from all or aiiy ot the Courts of the Province." The Acts of the Legislature shall be printed and pul)lished in both those languages. Unquestionably these few words are clear; their meaning is obvious ; they are perfectly intelligible ; there cannot be two opinions on their real signification. What has happened ? The Local Government of Manitoba, in defiance of a federal statute so clearly expres^^ed, in spite of the confirmation of the same by the Imperial Parliament : yes, the Government of Manitoba proposed and its compact majority voted as follows : ^ Any statute or law to the contrary notwithstanding, the " English language only shall be used in the Records and Journals " of the House of Assembly for the Province of Manitoba, and in " any pleadings or process in or issuing from any court in the " Province of Manitoba, the acts of the Legislature of the Province " of Manitoba need only be printed and published in the English " language." The Lieutenant Governor gave assent to the bill, unconstitu- tional and unjust as it is, and the enactment is indicated 53 Vic, chap. 14. ''^ — 4H — '> Tlie matter was referred to Ottawa as offensive to the dignity of the British Parliament, subversive of the Federal 1. ^nshition and injurious to the interests of the Brench speaking Canadian population. . Who raised his voice in the Federal Pai-liament or who acted in p. way to have such an unconstitutional act erased from the state book of the prairie province ? M.a,nwhile and ever since the cause of our schools is carried from tribviual to tribunal to secure an opinion about the subtilities which could be detected in the worduig of the school clause. Clear language hhs proved of no avail or is supposed to be unintelligible to avoid rendering the justice implied in its natural signification. I love n)y country ; I would like to see its political institutions admired ; I would be happy to feel that '" 'sedom they arc supposed to afford is enjoyed by all. But, alas : the events of the last iew years are not showing Canada and Canadians to the best advantage. The divine precepts have prepared my will to submit to the laws of the land of my allegiance, but my heart is not fbrbiden to bleed, when such laws are unjust and detrimental to the interests of so many of Her Majesty's loyal subjects. Sincere Catholics will obey the laws, even if offensive to their interests and enacted agiinst them, precisely because they have Catholic convictions. How cruel it is to take advantage of their spirit of submission to oppress them ! May God pardon the authors and abetters or (-uch wrong doings and enlighten them that they may comprehend that the maltreatment of the minority will, on the long run, prove injurious to this Province, its adjacent Territories and even to the whole Dominion t ALFX. TACHE, Arch, of St Boniface. %\ ' St Boniface, 7th March, 1894. APPENDIX If To His Grace Alex. Taclie, Archhis/iop of St-Bonlface. My Lord, I luive just read and studied with all possible diligfence and attention the Report of thj Privy Council of Canada, approved by His Excellency the (iovernor General, the 5th February 1894. A petition made in the name of His Lordship Bishop Crandin, of St. Albert, 17 others made l»y the trustees of the Catholic schools of the North -West Territories, and another drawn by Your Grace, had been addressed to His Excellency the Governor General in Council. All these petitions expressed the grave subject of coni- plainte of the Catholics with regard to the last School Ordinance in the North West Territories. Perfectly identical except the one presented by Your Grace, they asked, either the disallowance of the Ordinance No. 22 A. D. i8!)2, or a formal order to the Legislative Assembly and to the Council of Public Instiuction to repeal or to amend the said Ordinance and the Regulations of the Council of Public Instruction in su^h a way as to remove all the grave and just subjects of complaints formulated by the Catholics in the peti- tions to His Excellency the Governor General in Council. Both alternatives are refused, we are simply commended to the good will of the Lieutenant Governor that he may interest himself in our favor with the Legislature of the Territories and the Mem- l)ers of the Executive, who form also the Council of Public instruc- tion. Now, My Lord, my conviction is that we have been entirely sacrificed by the Governor in Council. They I'eject our most legiti- mate subjects of complaint ; they overlook their importance and bearing. It is what I will endeavor to prove. We read in the report of the Committee of the Privy Council : .]. — " Upon a comparison of the duties prescribed for Inspec- " tors of schools in the Ordinance of 1888 and that of 1892, as " amended, it will be seen that they are practically the same." The report of the Conunittee of the Privy Council eludes deli- berately the question and gives a cone jsion the greater part of which is outside of the subject of the pe itions. We complain that the Ordinance of 1892 deprives us. Catholics, of the right of — 45 — appointino- our Inspectors for our catholic hcIiooIs, i-ijrht frranted by the Ordinance of 1imon^ wlioin 5 protestants and 3 catholics, discussed the ad visibility of haviiijr in a near future Normal schools, that is to say, as soon as eircuinstanees would permit and such establishments would pratically possible both for protestants and catholics. I wu tlien a member of the Board with Hon.. Judge Rouleau and Mr. A. Foi'^et. Hon. Judge Rouleau was absent on that day, but Mr. A. Forget and myself took part in the discussion, and all the members of the Board, protestant and catholic, were of opinion that Normal school Institutions could but stimulate and promote the cause of education. It was proposed to hire a Principal, but Mr. Forget innnediately pointed out that two were recjuired, one for the protestants and one for the catholics. As the thing was not to be done at once, it was resolved to pass only the resolution, mentioned by the Pi'ivy Council, asking for a subsidy (jf $5,000 (five thousand dollars) for Normal school purpo.ses, without speci- fying them. The Board of Education reserved to itself to regulate the use of these !*5,000 if that sum was granted for the purposes in view, and the catholic sectiori knew that it had also a right to a part of that sum, if it were granted. All the members understood or at least could understand by Mr. Forgets remarks and mine, that, when the time ^ > act would come, we would claim our i-ight to one or sevei'al catholic Normal schols. And in fact, every time that this qu(!stion has been biumght before the Boanl of Edueatiou since January 188S until our lost session in the summer of 1(S92, I have always, supported by my colleagues Hon. Judge Rouleau and A. Forget, Esq., claimed catholic Normal schools, if ever the Board should pass a rtisolution making compulsory the attendance at those schools. I have, done more, I have always maintained that the establishments of our Sisters, devoted to education during their whole life, were nothing but a continuous Norn)al school lasting for them until- death. On the report of Mr. Haultain, chief of the Executive at Regina, a party interested before all to the maintenance of his Ov'llnuoce of 1892, the report of the Privy Council, says : that the resolution passed unanimously by th«^ Board of tducation in January 1888, concludes to the establishment of only one Nornial school for Protestants and Catholics without distinction. As I have just proved it, this assertion is contrary to the views expressed in the Board, when it adopted the resolution bearing on the demand of the sum of $5,000 wliich the Federal Government refused. Under the false pretence that at least two m ambers of the Catholic section of the Board of Education, have, in January 1888, — 47 Persons holding- certificates of Etlucrttioiial viilue from ^iven their assent pure niid simple t«) the future estaltlisliment of only one Noi'nial school, we are invited to remain (pjic^t, to accept the new Ordinance, to ho sutisHed with protestant Normal Schools, even for tht^ Sisters, who would have to leave their convents to ^o and mix with the teachers or candidates of hoth sexes, of all denominations, of evt-ry a<;e, on the henches at Hee. I e.v posed first the inipossjhijity for the Si.sters to leavL! their eonvcnt to jittrnd those Normal school srssion.s ; I declared that it would force them to act diiectly against the i-uIcm and constitutions which i;()vern their order, that to make .such re^idjition for them wns e(|uivalent to willin^'ly tmd positively excludiithem from tenehin<^' in the Territoiies. Mr. (Jo^'^in discovered to mo tho Itottom of his thou^dit iri asking' me why we did not hi)"e lay teacheis instealic Instruction will make it and which may be hostile to evfery Catholic idea. The)' have taken from us the right to choose our books on History and science for candidates' examinations. No more jurisdiction for the coi'rection of examination papers in these matters, a jurisdiction that was reserved to us under the Ordinance of 1888. No more right to appoint our examiners. No more religious instruction ; not even the right to open school by prayers. What is then left to us ? if not schools catholic in name only, nothing else. We are permitted to have separate or catholic schools, but on condition that they are made in every respect like to the public or protestant schools, that is, that our teachers receive the same training, be under the same inspectors, use the same books and methods, give up all religious instruction, etc., etc. At Regina in the Council of Public Instruction two opinions are entertained. The leaders would like to take the "Bull by the horns " and get rid at once of the Catholic separate schools, while his first employee the grand Master of Free Masonry, wishing also to destroy anything that is Catholic in our schools, advises to pro- ceed more quietly. In his opinion, the same end must be obtained, that is, to have onlj- non Catholic schools, but it must be obtained by deceit and cunning. Take a step to-day and lei the Catholic get used to it ; then a third one and so on until the complete abolition of the separate schools. This is our actual position. Were we not fully justified to ask for the disallowance of an Ordinance which opens the gate to so disloyal a war against our schools ? 7. — " It would appear from the facts above set forth that the " disallowance of the Ordinance in (juestion would not meet the " complaints alleged in the petitions otherwise than by restoring the " Board of Education which had control of the schools of the Terri- " tories before the Ordinance of 1892 was passed ; because in other " respects the law and regulations concerning education in the Terri- " tories were not materially dift'erent before the Ordinance of 1892 " was passed from what they now are in ?o far as the points men- " tioned in the petition are concerned. Disallowance would not " nullify any of the regulations complained of." I humbly beg pardon to the Honorable Committee, but I cannot help seeing the best accentuated sophism in the above quota- tion. Why ? the disallowance of the Ordinance would not remedy our complaints and our just grievances ? — If this Ordinance had been disallowed, all the rights, of which I was speaking just now. 52 li ' ' were restored ; control and administration of our schools ; choice of our books ; right to appoint our Inspectors and examiners ; reli- gious instruction in the separate schools ; Normal Schools optional and not compulsory, and, if declared compulsory, to be catholic for jur candidates. And the disallowance would have remedied noth- ing, but restablishing the old Board of Education : The disallow- ance, we are boldly told, would have nullifyed none of the regula- tions of which we complain, II the law had been disallowed, had not the members of the Catholic section authority to amend the said regulations ? Did not most of these regulations fall themselves by going back to the Ordinance of 1888 :* Truly, how many specious insinuations and affirmations in the above of the Committee's Report : In order not to disallow the Ordinance, they give the false pretext that the disallowance would be useless. They thus mock the petitioners ; they sacrince the minority to the desire of pleasing the majority of wiiich they are more afraid. That Ordinance No. 22 1892, " vrai ballon d'essai (says the Manitoba journal) the success of which was to determine the fate of the minority, might have burst at Ottawa if the Federal Concern- ment had willed it ; but it has refused its protection to the weak. Is it then decided in Ottawa that it will tolerate the violation of the rights, natural and acquired, of those who are not numerous enough nor audacious enough to constitute a dangerous element ? 8. — "The Committee of the Privy Council regret that the " change made in the Ordinance relating to education should have " been such as to cause, even unwillingly, dissatisfaction and alarm " on the part of the Petitioners and they advise that communication " be made to the Lieutenant Governor of the North- We.»t Territories, " urgently requesting that the complaints set forth by the Peti- " tioners be carefully enquired into, and the whole subject be re- " viewed by the Executive Committee and the North-West Assem- " bly, in order that redress be given by such amending Ordinances " or amending regulations as may be found necessary to meet any " grievances or any well founded apprehensions which may be " ascertained to exist." At last, behold the immense consolation that is given to the Catholics of the North-West. The Committee of the Priw Council has the greatest sympathy for us. It extremely regrets that the Or- dinance of 1892 has been the involuntary (?) cause of dissatisfac- tion and alarms. The Ordinance is maintained. With it ar d under the cover of legality, they will be able to increase, to multiply the difficulties and obstacles to hinder our Catholic schools to work ; they will impose on us new regulations more tyrannical, more impracticable than ever ; the good will of the past of the members of 11^ . _ 53 — the Council of Public Instruction and of the Legislature is a proof, at least probable, of their future good will. The Committee of the Privy Council commends us to the mercy, to the generosity of the avowed enemies of our religious mstitutions, of our schools, of our convents. They have shown their dispositions (?) and now they are requested to amend either the Ordinance oi the regulations of the Council of Public Instruction in order to remedy our grievances and our alarms, if any. Is this truly what we had a right to expect ? Could such a decision satisfj^^ the request of the Petitioners ? Is it conform to justice ? Is this a specimen of the boasted " British Fair Play ? ' We are sacrificed to the breath of the deplorable fanaticism which blows over our Territories ; Our rights are trampled upon Our Catholic schools existing by law, exist only in name. It might have been otherwise ; the Government at Ottawa has not willed it. Accept, My Lord, the homage of my profound respect, of my heartfelt sympathy and of my devotedness. H. LEDUC, O. M. I., Ptre., Vic. Gen. APPENDIX B. Church of Our Lady of the Holy Rosary. Regina, Assa. 24th February, 1894. To His Grace, Monseigneur A. A. Tache. My Lord, In answer to your letter asking me if it be true, as affirmed by some, that, as a representative of the Catholics in the Council of Public Instruction, I have given my assent to the choice of Ontario Readers, as reading books i« our Catholic schools in the North- West Territories, I arn glad to sf«y. My Lord, that such is not the case. Besides, here is what took place in the only general assembly of the Council of Public Instruction held until this day, liince its formation, in virtue of the Ordinance of 1892. . 54 N The Council, as you know, is composed of the members of the Executive Council of the Territories, all protestants and of four members named by the Lieutenant Governor in Council ; two Protestants and two Catholics having the right to offer their advices, but without the right to support such advices by their vote. Mr. Forget of Regina, and myself represent the Catholics. Our nomina- tion dates from the 8th June last and, or. the very next day, we were called for the first meeting. IJuring the absence of Mr. Forget, who, at that time, was in Paris for his health, I was alone to represent the interests of our schools in a council composeil of six protestant members, assisted by Mr. James Brown, then Superintendent of Education and by Professor Goi,'gin, both also Protestants. The latter, admitted in the assembly, on the special reijuest of the President of the Executive, was in reality the directing spirit. No motion was moved nor seconded, no resolution adopted. They satisfied themselves by discussing without taking any decision and, in as much as I am informed, no minutes have been kept of our deliberations. Such, at last, are the informations from Mr. James Brown, when they were a?sked for by Mr. Forget, in my presence. In the course of that discussion, altogether informal, according to the expression of my English colleague*, M. Goggin, having expressed the idea that it would be desirable to render uniform, the use of books in the schools, I said, in a general way, that in fact, on account of our system of inspection, it would be very advantageous if all the school children could use the same books. " Should those books be the Catholic or the Protestant books ? That (jueLstion was not on the tapis, and consequently, I ili ' not think that I should fully express my views, by saying that if the members of the Council wished for the uniformity of books for the good management and for the efficacious inspection of the schools, they could adopt our series of Catholic books. Later on, in the course of my remarks, M. Goggin, it seemed to me, wished to insinuate that Catholic books could be left aside and replaced by the Ontario Readers, and then I said that "the younger the children who attend the schools, the more do we urge that the books put in their hands should be perfectly Catholic." And, on account of the f^pecial composition of ihe Council of Public Instruction, and knowledge that, by the Ordinance of 1892, that Council has absolute power to impose upon us books of its own choice, I thought proper to add that " if we were obliged to put aside the Catholic reading books, we woul-i more willingly abandon the books used for the scholars of the 4th degree than to abandon the books used for younger scholars." ; ' — 55 — Such is, Your Grace, and textually, the only remarks made by me concerning the choice of books, in that Assembly of the Council of Public Instruction and I leave you to judge if they are of a nature to be int*^rpreted as an acknowledgement for replacing our Catholic books by protestant ones. That meeting of the (council took place in the month of June, and it was only in the month of September that I learned, by questions addressed to me fi-om Prince Albert, that the Catholic books had beetj erased from the list of books approved for the pupils of the third and fourth degrees, and that such Catholic books had been replaced by Ontario keaders. A few days later, I learned that iii certain quarters, it was repeated that I had given my approval to such a change. During the same month, Mr. A. E. Forget, my colleague in the Council of Public Instruction, Mr. A. Prince, M.L.A. fort ^t. Albert, C. E. Boucher, M.L.A. for Batoche and myself had an official inter- view with the members of the Executive Council ; I availed myself of the circumstances to explain once more the idea I had expressed before the members of the Council of Public Instruction, concerning some books used in Catholic schools ; refusing thereby to accept any responsibility in that part of the new regulations and asking, as well as the other members of the deputation, that Council should restore to the Catholics their right to use Catholic books in their schools. Should not the members of the Execrtive Committee have understood the meaning of my words, at the assembly of the Council of Public Instruction, they have not been able to misunder- stand my protest on the day of the above interview. JNevertheless, notwithstanding such protest, Mr. Haultain affirms, in a public document, th-it I have given my assent to such tyrannical regulatio-^s. What can one think of such an affirmation ? Accept, My Lord, the expr. ssion of profound re.^^pect of Yours very humbly, J. CARON, priest. 56 — APPEiNDIX C. Calgary, 26th February 1894, To His Grace, A. Tache, Archbishop of St. Boniface. My Lord, 1 answer your enquiries about the abolition of the French Language by the Ordinance of 1892, botli for the examinations and the schools. If our petitions did not speak of this violation, it is becau ie wo left to the solicitude of Your Grace to claim our right on t *3 respect ; it is what you have done in an energetic petition, i at has been ignored at Ottawa. The Ordinance of 1892 has abolished the French Language : I. — For the examination. Before 1892, the candidates could pass their examinations in Frencli. The examinatio'i papers were translated in this language, and twice I have been charged myself with this translation. On Thursday last, the 22nd. Instant I was at Regin-i. In order not to assert anything but perfectly certain, I went to see Mr. James Brown, the secretary of the Council of Public Instruction and I put to him officially the following questions. Q. — Under the Ordinance of 1888, could the candidates pass their examinations in French ? A.— Yes. Q. — Were the examination papers translated in French ? A. — You know it well, you have translated them yourself. Q. — Under the Ordinance of 1892, by which we are governed to-day, can the candidates still pass their examinations in French ? A. — I do not see that they can do it. Q. — If the candidates did write their examinations in French, would these examinations be recognized in the Council of Public Instructien ? A.— No. ■ - Therefore it is evident that the French Lanffuage is abolished for the examinations. t f I — 57 — II. — Fou THE Schools. The French Language is also practically abolished in the schools. By the regulations of the Council of Public Instruction, in conformity witii the Ordinance of 12 and of there^ulatiotis which coii'plete it, are alone responsible for then.. In the eyes of those who have pressed them, it would be, indeed, f^iving them too much lionor ;oiJiers, who had tried before them Iwive also a right to their share of the laurels. It would l)e curious enough to make a faithful and complete Instory of the slow and underhand work of these p.'ople, bent to the destruction of our schools, and many candid souls would surely be more than astonished, if we gave to each one his share of responsibility. But what is the use? Besides tiiis history would carry us too fur, and would oblige me to go beyong tlie limits of aconnnunication of this kind. I will therefore. My Lord, contine myself to give you a short, a very short historical sketch of our school laws since the date of the Organization of the Territories. In mcmoriam rei, I wi)l first mention that the constitutional act of the Territories guarantees to any minority the free establish- ments of separate school" xvdierevcr required ; and the power, conferred on the territorial legislature m) legislate in matter of education, is subject to this xight Therefore all ordinances ignoring this right could for this reason be nullified by the court in case that the h'ederal Government would refuse to disallow it. But the disallowance is the t)nly recourse that we can claim in the case of Ordinances wiiich, as the one of 1(S92, conforming itself strictly to the letter of the law, however disregards its spirit, so as to render entirely illusory thi.^ wise constitutional disposition. Before being so cavalierly trodden upon by the Legislature of the Territories, let us see what interpretation this Legislature, composed in part of the same persons, has given to this clause of our constitution. 8.- The first bill in matters of education was presented in 1883 by Mr, Oliver, represeiiting the district of Edmonton in the Council of the North -West Territories. This Gentleman is still the repre- sentative of the .-iame district in the Legislative Assembly. This bill, which gave at the time great honor to its author by the origi- nality of it:: conception, after a first and second reading, was printed and distribute! to the public. Thi< same bill, slightly modified, was again submitted by its author to the consideration of the Council of the North- West. The following day the Hon. Judge Rouleau, presenting anoiher one on the same subject. The special Committee, composed of the Messrs. Rouleau, MacDowall, Turriff, Ross and Oliver, to which these two bills were refered, made their report a few day:^ later by presenting a third bill, the result of the fusi )n of the two first ones. This lf)st bill, after having passed the ordin-iry formalities, became soon the Ordinance known under the title of the School Ordinance of 1884. i i — 01 — In order to understand well all the importune^ that the interpretiition j^nven liy thu Onlinnncc ol" ISH4 to the cliiuse of tlio constitution n;latin^f to scliools IxMirs in itsell" in t'livor of the CutholicH, I will mention that this Ordinance in its final Form was unanimously adoptt^d hy the North-West Council then composed of 13 Protestants and two Catholics. If all did not remain to the same de,(rree faithful to that spirit of Justice and liberality which distinguishes this first school lef;islation, all at least deserve our profound gratitude for the authorized interprcfation given hy them to the clause relating to schools, of th(( North -West Territorici'; Act ; and I cannot l»etter express it to them than in giving here the list of their names ; they were : the Honorahle Kdgar Dewdney, Lieute- nant Governor, the Hon. Judges Richardson, McLeod and llouleau, Lt. Col. Irvine and Messrs. Breland, Heed, Oliver. MacDowall, Hamilton, Jackson, White, Ross, Turriff" and (Jehhen. The eight at the end of this list were all representatives elected by the people. Let us now consider what that Ordinance, contained : first it provided to the nomination of a board of education, conjposed of twelve members, six of which were Protestants and six Catholics, divided into two distinct sections. Tliese two sections, sitting together had hut general powers ; but these sections, sitting separately, had very extensive powers. Let us open the Ordinance at the clause o and this is what we find in it: It will be the du^y of each section : (1). — " To have under its control and direction the schools of " its section, and to pass, from time to time, the regulations that it " will think fit for their general government and discipline, and for " the execution of the dispositions of the present Ordinance. (2). — " To provide for the examination and the classification of " its teachers, and to adopt measures to recognize certificates obtained " elsewhere, and to cancel all certificates for good reasons. (3). — " To choose all the books, maps and spheres tlmt will be " used in the schools under its control, and to approve the plans for " school buildings ; provided always that, when the books relate to " religion and moral, the choice made by the Catholic .section of the " Commission be subject to the approbation of the competent " religious authority. (4). — '' To appoint inspectors who will remain in charge at the " the will of the commission by which they have been appointed." By the clause of the same Ordinance, the Board, and one or the other of the sections had the right to hold meetings, in r.ny con- venient place in the Territories. The 25th clause, to which I specially call attention, reads as follows : " (25). — In conformity with the dispositions of the 10th article - I — 62 — " of the North West Territories Act of LSSO, rehititi^' to the esta- " Vilishineiit of sepurutci sehools, miy iiuinlter of rate pnyers dotni- " ciled in the limits of nuy puhlic seliool seetiou or in two sections, "or more, acljoininj;' ))ulih'c schools, or .">ome of thi-m Mvin^ in the " limits of an or^nnized school district, and others on adjoinin<; lamlH " not included in said y a circuliir of the Secretary of the Lieuteiirtnt (Governor. This circular is not without iuiportanc(> for us, in nn nnich a.s it uiarkH the tirHt Hteps taken hy the civil authority, .since the orf^uni/ation of the Territories, for the support of the Mehool.><, and when connidcring its perftct .spirit ui impartiality. HelievinjEf therefore that it nii^dit ho of 8onie service to Your (Irace, I will here transcril e u copy thereof, made on the only copy which lemair s in the Archives t)f the (Jovernment. Here it is: (JOVERNMENT AID TO SCMOOJ.H. His Excellency the Governor-General in Council having hy order, dated 4th Novemher, 1880, agreed to prant aid to schools in the North-West Territories, hy paying one half of the salary of the taacher (jf any .school in which the minimum daily attendance is not le.s.s than fifteen pupils, I am