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Les diagrammes suivants illustrent la m6thode. 1 2 3 1 2 3 4 5 6 I 32X 'J I IN THE OJottvt of (^xxor mul gipcal FOR UPPER CANADA. WEIR y. MATHIESON. CASE ON APPEAL FllO.U A DECREE OF THE COURT OF CHAN'CERY. ■••••; THE REVEREND ALEXANDER MATHIESOP^ AND OTHERS, Appellants ; AND THE REVEREND GEORGE WEIR AND OTHERS, Respoxdents. MACLENNAN, GRAHAME AND HENDERSON, Solicitors for Appellants ; CROOKS, KINGSMILL AND CATTANACH, ' Solicitors for Respondents. m TORONTO: PRINTED AT THE GLOBE STEAM JOB PRE.-S, 26 & 28 KING STREET EAST. 1865. .■* ^-^J&o li^ji)'^ I \ INDEX. I'AOE. Bill of Complaint 3 Answer of lie v. Alex. M atliieioii und otlicrs 11 Answer of llcv. John Barclay and otliers 14 Answer of Queen's College at Kiiigsto"" 14 Supijlcmcntary answer of do. 15 Answer of do. to Amended Bill 1(1 Judgment of V. C. Esten on motion for Injunction 17 Order for Injunction, dated May 3(Hh, A.D., 18G4 Depositions of I'laintift", taken 21st Sept., 18tj4 " Evidence fur I'Uiint'iff — George Mallocli 24 William Ireland 25 Charlus Peters 28 Alexander Logic '• Jolm I'aton ■ • John Cook ' ■ John Clark M urray ;; ) Duncan !M( irrison ;]2 Alexander Logic, nxtlkd 33 James Williamson 34 John Robinson Dickson Williun Maxwell Inglis 35 William Ireland, nxulkd '■ Evidence for Defcnditnts — .Michael Lavel! 33 John Paton '• John B. Mowat .'SO James B. Ferguson 37 Duncan Morrison, Jr " James B. Mullen 38 John Cormack " John Paton, recalled •' Horatio Yates The Plaintiff (examined as a party) 3',) John C. Murray, readied for Plaintiff '■ James Williamson, do. '• I I i;> 1 N I' K X . iii In Jiiljiill'il hy I'liiliilijf— Chistnn Ktliy 39 .lumcs WjUio 40 JJiiidini iits prudiicul ly Philiitiff. vndir indir/ur prodKclioii. 1. LcttiT, Dr. C'lok to Pnif. -Mciizits, Jutid 25 July, 1S53 40 2. " Prof. Miiizics to I'liiiiitiff, •• 15 Aul'., 1^53 " 3. •• In. to do. •■ 22 All'.'., " 41 4. " do. to do. '• lOScpt., " " 5. " do. to do. " 2!l " '• 42 (!. E.xtract fVoiii Miiiutus of Boiird of Ti'u>tL'.s of 2) Jidy, 1^53 " 7. Ilnyal Charter oI'I^uluh's Co!lt':.;c' " H. Kxtiact from .Statuti .■*, Jtulo^, and Urdinanc3s of Quci'ii's C'olli'jrc IS !l, ICxtraet from luiiiutLs of a incttiiii: of Medkd Facidty ol' Qin^en's College, held 21.'^t March, 18(;3 50 li>. .\liiiutes of iiuetinfr of Professor.", .'{rd .'"'ept.. ISOS 52 Kxtract iiiiiiuU' of iirucccdiirjs of Si'iiatc, 2il Tel/y, 1^113 54 Kciioit of Cniiiiiiiticc of Soiiati- apiMjiiiti'il to exaniiiie the Statute.-:, 21.st Feb'y, 18()3. . 55 Kxtraet fnnii iiiinule of i-'i iiate of 1(1 Ajirii, ISIkJ 57 11. Kxtraet froiii iiriuTi'-liiiL's at iiici'tiiiu- "f |{ci;ird of Tru>le(s di' With Peliruary, ISlIt " HXIIIIUTS:- A. ('liairiiiaii'.< notice of iiieetin-.; of Fehruary, lSr,4. dated 2 Feb'y, IPGi 58 15. Letter from !01 03 K. Letter from A. Logic to Wm. Ireland, dated 0th Aug., 1801 " L. Letter from Dr. Cook to Win. Ireland, dated 12th June 04 M. " " do to Hon. J. Hamilton, dated IT Sept., 1853 " N. •' " Hii.t:b Allan to do. " 2!! do. C5 0. " ■' iJr. Cook to V.'m. Ireland, dated 8 Feb'y, 18(54 00 P. .^Iinute^i of 3'eetingof .^I ina.i;rrs of 15anff Academy 07 (). Extract from Statutes of .McUill College 08 H. Sec Exhibit No. 1, referred to in Plaintilf's |)e|yo>itiuiis S Complaint respecting Plaintiff's conduct O.S T. See Exhibit No. 2. referred to in I'laintiff's Depositions i'. Letter from Plaintiff' to W'm. Ireiaiid. dated 7 Nov.. I8I1I 70 \'. Written .Statement of Principal Leiteh, rt'ad at Meeting of lioard of Trustees of .'jdtli February, 1 804 " W. ."^ec No. 10 of Documents produced by Plaintiff. .\. Charges a'jainst Plaintiff 79 .\. A. Letter from Dr. George to Mr. Hamilton, dated 17th October. I.'^OI 80 P.. B. Leiterfrom do. to Wm. Irebnid, datcl 2 ( let., 18 U •• — C. C. Do. do. ,1,. 11 Nov., " 81- 1'. D. Do. do. do. 10 • •• " E. E. Do. do. do. 82 i. !t il' u J Ju^ Do On Or Pf! Rci Rci IV. I N n F. X , F. F. [.I'tt.r to I'liiiiliir lo Will. Inlaml, ilMtrd. I I I),,., ISiil Ii.fi. !•(). (Ill, Jo, 14 •» » — .^ 11. II Do. I)r. ftcoriic to do. '■ •■ •'"• I'liiiiitiir to >lo. Poiitiiiiiiii',' •■orriMpf.nai.nec IictHirii liiiiiM'! null l>r. Gcor^jo, dati'd (1 Nuv., 1x11 K. K. Oiiinion of Hon. Aluxniider I'umjibcll 1.. li. I,ctt(.T fVnm Mr. Ifu'.'li All.iii to IVofusMoM cf Qucch'h Collo^'c, d.itcl L'Stl, Fdi lS5o I .^I. r.dtir rriiiii Mr. Mi.ni^ to I»i-, Lriicli. dated 8 .lonuary, !S(i2 ^ .'^I. do. .lo. L'« Sept , 1 S(i;3 '^"_"' ;! M. dn. do I M. .^Ii iiioraiidiuii in liaiMUvritiiiii' of nrfciidiiiit, Morris .'• .^I. J.cttcr fiGiii Slv. I'litoii to Dr. Lcitcli, diitnl lU .S.pt., 18(11 i; M. Do, .\Fr. Morris to do. 1 Au>r., •■ 7 M. Dn, Hon. A. Mi'Lciii to do. j '• '• ." M. Do. Mr, llaiiiiltoii to do. " " !• 'SI. C'iisf for ttj.inion of (,'ouiicil m M. I.dttr from Dr. Li.itcli to Hon. A. Ciiniiil.cU 11 M. Do. Hon, A. McLian to Dr. Lciidi, diitcd i:, Jan., ISC.'J. 1- M. Form of Suniiiinn.« .sent tliorcwitli 11 yi. LcttcT from Mr. Jiorri- to Mr. i'uton mm ' 'i Fob IMM Ksliibit No. 1 vcferrcd to iti I'hiintilT's twam. •• >'o, 2 do. i;.\traLts from .'^iinutin of Doard r.f Trustc - ortimt'n'.s ( Juditment of tbo Chancellor ,.. ,, Doerio ,„ Order for llodicariii!.' Order upon Ke-Iicarinir , Petition on Appeal , Reasons for Appeal , Reasons M;,;niii:-t Apjienl „,. S2 h:i 8(5 88 88 8!l !I0 4. 91 i( 02 9:! 95 90 98 104 111 112 II 11. 'J 111 115 1 n> , ■( 11 A I. m I. . 1, ii |n the Court of (Ln'ror in\i ^ppral *. AN APJ'KAL KHOM I'lIK ( OIHT OK ("HWCKKV Dktweex the liEVEliENJJ GEUllUK \viillt,' ♦ » * .^>» I'hihUlt' AM) THE lU'AEltl'Ni) .UJ:XAM)EU MATIIIKSOX. THK KIA I'UliN I) . Hl'(iH HlQlHAilT. THE llEVKUKM) ALKXANDHIt SI'E.nI'I:. THE ItEVKUEND JOHN MrMOKJNK, THE ItKVEIIKM) WILLIAM ' MAXV/riLL INCIMS, ,TIli: ;tF,Vi:ili:NI) .lAMKS \¥l!n,!.\M?i()>i,%4 THEUHVKKLNDDrXCAN >^()l;l!ls;)X, THK lUOVKItT^SDiTKOKl.E IJEIX, THE, HONULfiAlJLE 'JOHN HAMT! 'oy, jo^N I'ATON, (lEOIK.K DAVIDSON, OKOIUIE ' NLILS. • ' ..JL HN CAMEllOX, ^' v* AEEXAXDEU M(JJ:AN, Hl'CiH ALLAN, ..i.EXA.,DEJl MuUlHS, (iEOIUlE >rAYl4)(*H, ALEXANDER l.oniE,. 'PHE UE\;i:KEND * JOHN COOK, I) I)., THE HEVEHENl; JAMES C. Mill!, D.D. THE V » ELVEllEND JpiJJf BAUCLAV, D.p„ JOHN THOMl'SON, JOHN GllEENSHIELDS.^'DWAUU MALLOlH, ANDKE^V ])1U>LM0N]), AND THE HONOrilAULE A1{\H[]!ALD McLEAN, AND QIE^NS C'UELEOE AT RIlS'CiSTON, » ^'* •% ^ Jir/'ciii/illifs. Tho nppoa! (7f tho abovo-naniod Dofciidaiits, Tho Itcvt'ioiul AlaxamltT 5liitliio!soii, Thi; Eovc ereiul Hugli Uniuhart, Tliu Ilevo-ciul Alexander Speiice, Tlio llovcreiid Duncan Morri.sun, The * Rovcrond George Eell, The Honourable John Hamilton, John Paton, tieurge Havid.son, Cli^orge Neilsou, John Cameron, Ah'xandor AlcLean, Hugh Allan, Alexander Morris, Aloxuuder Eogie, Tho Kcvorend James €. Muir, Tho Eoveroud John Harelay, Andrew Drumiuond, Tho Hoyour- ablo Archibald McLean, and Queen's CIJI, unt'-r unhr uf sumt il'ilt: » Norn. — VVii; riuieiiikd ji irii are ininti'i in A'uiio.v ' City of Kingston'. *-\ *• Showeth as follows : \^ «-. \ % ^ TO THE noxoiunrj-: tiik ,n duks of tuk foriiT of I'iiaxcfuy. ^ . The Bill of Complaint of the Kevereiul (ieorgc Weir, of tho City of Kingston, Master of Arts, Professor of Classical Literlxture in the I'niversity of l^ueen'svCl^ilcge at Kingston, 1. By Royal Letters Patent issued on tln' sixteenth day of Oi'tober, one thousand eight' lnju- «« .'^* >•** ^\ *♦• »»\ ss »• *. iV^ .# .^- # died and forty-two, after rucitiug amongst other tliiii-.s that the establishiuint of a ('uUe-to in the Province of Upper Canada, iu connection with tlie Chur-di of .Scc^thmd, lor thi^ educ^itioii of youth in the principles of tlie Cliristian Religion^ and f.A' tlu^ir iustnietiou in the various branches of Science and Literature, would greatly t'oiiduce to theVelfaro of the said Province, Her Ma- jesty was pleased to grant, constitute, declare and ai)point certli^i persons^herein p'articuhu'lv named, being ministers of the Presbyterian Church of Canadis^yfl^nuuction with the Church of Scotland, or mendiers of sucli Church, to be a body cori)orate by fluMianie of '• (Queen's College " at Kingston," with "perpetual succession as a College with the st\]e and privileges of a Uni- versity, for the education and instruction of youth and' students 'in arts and faculties, witji • capacitv to receive ami hold lands and hereditaments to the amount of fifteen thousand pounds' sterling, in annual value and personal property of every naWe, and to alienate such lands, hereditaments, and jiersonal property. ' * 2. The said Letters Patent further declared that, for the better execution of the purposes set forth in the said Letters Patent, and for the more regular government of the said Corporation, that such Corporation slujuld for ever have twenty-seven Trustees, such Trustees to be nominated and appointed as in the ?aid Letters mentioned, and amongst other powers thereby conferred on the said Trustees, the said Letters Patent declared that they should for ever have full power and authority to elect and appoint for the said College, a Princii)al,-and siil'h Professor en' Pro- fessors, jVIaster or Masters, Tutor or Tutors, and such other Officer or Officers as to the said Trustees -Should seem meet ; and further ' that if any complaint respecRug the conduct oftho PrincipirT^ " or any Professor, Miiister,^4;jitor,.or other Officer^of the said College, b^at any time made to the/ f" Board of Tnlstees, they may institute Jli eftipiiry, and in the cvc'Jit of.afl) impropMety of con-| '• duct being duly proved, they sliall admonish, reprove, suspend or remove Uio person otl'ending,! * '• as to them may seem good, Provided always that the grounds of such admonition, reiiroo'fii " suspension or removal bo recorded at length in the books of thy Haity|oard ," an'd furlhe^ that the said Tiiistees should-havb power to make Htatuteif and lliilcs conl||king, amongst, other things, the good government of the said College, ^he number, residence, and duties of the pro- fessors thereof, the management of the revenues inidVi-o'perty A the said Oollegcs theVsalaries, stipends, provisions and emoluments o^and for the Professors tliereof, provided that such Statutes * and Piules should not be repugna-'* to the sai\i Letters Patent, or to the Laws and Statutes of I'pper Canada ; and further, tlngil^e o'^<r persons resident within the same. r> V »^ -♦. t\ A "\v said, wasclosiroclby Dr. Cook toa^^it^ - s'i X'^m rV'!"'"' '" ^'-"^l-'^' i'^"- "f (^iron's C.,ll,.f,^. at Ki,„.s(o„' nT,,! fn* ^V '""'"' -i'-l'^'i ^ lassical L,t..ratnro in tl„. TnivVsitv Trustees of tl.e said College, in the said of e. of iC "^ i-," '^"'^■/""""■"•^'^ ''V tl".> 15oa:,l of a,.puintn,ent.ana confinn^i^n in ollS^ t S" ^] Tn T" >. ^^ ''' ^^'^""^"'•'' ^""^ ^'•'"" ^-l' fully perform and discharge the dutiV^.^];;uv;:*""'T.''-\ '■■'"'*'«''-»'' continued to faith- .nonth of Fel.ruarv, one thousand el- t L n 1 1 T *' ^ ""*" ^•*"''"*'-^- = ■^"'^ "' *''« prevented in the di;eharge of s m U s 1 1 -'1 sixty-four, he has been hind.-red and mentioned. ^ "'"'^ '''■ *'"^ ^^''""Kf"!, ""propfr^nd i';egal acts Rerein.after Boa.^:;'T:i;:t;S;i::!'a;:;^:^^^ oig.^ hundred and sixty.W;the"- " ihe facts whichluavo eon.e to the k 'o.Ce o t J Tn ef. "'" uf "" '-" ^''''"''''''' ''''"' ^-- " College, the Trustees deen, it necessary i^ the int.nes of l' r ," ^'"""' •'^''"■•"'"« ''''' "^ *'- ';fron. the office of Professor of ClassL ", S s ! ^ ;^, ^ ^"^^ " their power to remove at discretion they hereb do ! f"^ • i""'"'' """'^ '" "'^ ^^'^''^'i^^ "^ " fortlnvith, and that the Treasurer irmyToll, 7' '""" ^'"'" these.offices accordingly ' " session, and for six months th^^aftcr in'adv "V" 7"'/"" '" *'" ^'"^ "^ "'« l^^-"* " instructed to communicate this reiluli:; ^ rVdr.'' " "'"'' '^"V^"* *''^ Hecretury be its ^m;^:::^z'ts:^ "- ^'^^^i'^ -^-a to rec^m^e endeavoured ro n.vl,.., ,.!>", "\'^"^''"''^'.'^"'l notwithstanding .uch resolution, 'th." Plaintiff - >\ •> J -• ^M""^'-"^'- uiereiu 111 anywise and imfHi'fl.^f.,,, r • --.'-' •-v.. ^^ji^t, endeavoured ro perform, and w?!uld hai Hu'fmmedai ?"'"'' "' i ' ""''"'^"'' *'"' ^'""'*'«' perform the diities of liis Professorshn, bu t , 1 '/ i"' '"''■*-^'" ''^^■" ^'^^''^'b' and .willing to t«ilio to exclud.fhim from h^e^^SiJ^^^^^'^'^t^'^'''''^'''''' .■^<^lu4ed and^till ^n-.-^ his said office of Professor of Chll^ :Cd H ^1^ ^ , ^^ -/" "/' T'""'" ^^ '^'''-^^ ' < t liystees 1-efuse to allojv' to the Plaintiff Id olhce, ami 'i''^ endeavoui'^ng to enforce - his said office of Professor of ClassicsraCd iii;; E^;;;;; „ . • ■ ■ / V of it hundred and A College is possessed of, and inter :^iVw;j;',;;ff ^' ^f f^""- ««-^- ^^^-ces the said and from the annual income arising froi^^u^l'"^;:", V' "''''" ""'"^"''^ ""^ '^^'''^' ""'^ "f Legislature the Boai-d o^ Trustees of thrsllZ^'' 1^^'T ""'''' ^'''""^ "^ "moneys from the lessors of the said Col^e and tlL^th^ ::S o^fTJa '^t''' T"^'"' °^ ^ ^'^°- acoiarations, provisions, powers .^-Zi^-n;;:^::-!^:;;:,:^ * ■ ' ^ .V. V v\\ * t V • • '\^ . ' ^'v ^ 1 \ oo. \ 7 I-. Tiu> riaiiitill' slicws tluit tlio Uoyal Chiutor af.)i csaid ^va^s graiiti il by Her Majesty to the iutciit tliat tlie meinljers of tlic Cliurcli of KcotlaiKUn Canada might have niul enjoy a University a'lid C(>lle<,'e, vitll similar powers and pviviloj^es'.'and upon tlie- iWodel of the Urtiversity of Edin- ImrKli, and the said Itoyal Charter was and isniia.wd andJonnded upon this lonsideration, and Her Majesty in and lijAthe siS||r«j|^a)yakCharter, ■w^iajtein she iij i)leascd to makd^n-ovisii^w^hc ajipuintment and rem'oval of rrofess\s in the said College, had in view I^ oYessorsWijoviiif? .similar ollieo and fultllling siniilar duties to the Professor^iu the Tniver.sity of Edinburgh ."and that similar usa.qcs and Custoi.iS should a]rply to and be a^soeiattul Vitli sucli Professorship, and that the nature of sueh olliee and employment should be similar in the said two Universities. In - 4]iC Tj'nJviTsit.^^of Edinburflii thatenyre of the office of ,a ProfeBsor is «,/ riinni (vd <^>i}j^i,n, that is (luring the life of the Incumbent, unless removed for impropriety of conduct, niuUsuch the I'laintid' submits under the Itoyal Chart(%\foresaid is (he ^ire of the aforesaid Professor.s-h'ip held by the Plaintill'in Queen's College, aiut tfie l^iintillful'tllFstates tlmt Ri\eh was the condition' under which the riaintih" accepted his said ai.pointnunt, and that the\ud Trustees liavc also further .so regardcnl the said office of Professor, and declarations and entries to that'^fleet appear on the records cf their proceedings. ^ .S. The Plaintiff states that the afor^fiaid resolutiDu^f tli'o BIghtclfeth day^ February, otie- thousand eight hundred and sixty-four, was jKissed by the Board of Trustees without the Plaiutifi" being jiresent, without his being notified or letiuested to appear before such Board, witJ|iout his* being notitied of auy charge or complaint, without his being summoned before the Bonrd to * answer any charge or complaint, without any charge or comphiint being preferred against him and without the Board having called upon tlio Plaintiff to niake rtuy defence, and without liaving asked from him any explanation whatever. "^ • » ' !). Since the Board passed the aforosaidA-esolution, the Plaiuti.ff hath been infoj;mcd and now shews to this Honourable Court that the Board, in passing such rcsohition, acted ujwn a^ c.cpiflc statement of the Reverend William Leitch, the now Principal of the said College, and one of the Defendants hereto, in which he alleged, in eflect, that the Plaintiff had conceived malice against him, and that he judged that such existed from the part taken by the Plaintiff on the occasion of the presentation of the address of the Medical Faculty of the saijl College to Dr Lawson upon his resignation of his Profes.sor.ship in such Faculty ;' that the Plaintiff had J)een the cause of 'oreaking up the (Irammar School; that thePi.iiutiff 'had called a meeting of the Senatus, although wished by the Defendant, Leitch, not to do so ; that the Plaintiff luad com- plained of certain Statutes of tlu; Board as ille:;tal, and that the Plaintiff had written a letter to a newspaper in Kingston, called "The British AVhig," as to t.he ^enure of the office held by the ' Plaintiff in Scotland before accepting the said Professorship rtf Classics; biit the Plaintiff is unaljle to set forth more specitlcally the allegations contained in the said statement, inasmuch as such statement was only read to the Board by one of the saictTrustees at the request and on behalf of the Defendant, Leitch, and so soon as read returned to'*the said Leitch, and such state- ment was not entered or allowed to l)e entered in the minutes or proceedings of the said Board, and the said Board, immediately after hearing stica statement read," and without having had or called for any proof or evidence of the allegatioi.s thcyeby made, assumed to remole tht Plain- tiff from his aforesaid office. ' ^ \-, < . \ •N 10. At a meeting of the Trustees of the said College, held at Kingston, aforesaid, on the twenty-sixth day of January, oiie thousand eight hundred and sixtv-three, whei'.:at tlujre were I I ^91 present the Honourable John Hamilton, the Iteviivnd Dr. Jjcitch, the Keveroiul Dr. AVilliamson, the Ilcvoreuel Dr. Urquhart, the Eovereuil Duncan Morrison, Aloxamler McLean, Hu^h Allan, Alexander Morris, John Paton, and Andrew Drumniond, a Code or set of Statutes, Rules and Ordinances were assumed to bo enacted, and am(inf,'st such Statutes, Rules and Ordinances, the said Board of Trustees assumed to enact the following (with others), that is to say : — " 10. All Officers shall Ix; aiipointed shall have their duties prescribed by and shall hold " office only during the pleasure of the Trustees, except in cases where a special agreement may " have been or may bo made, and shall 1)0 entitled to such salaries or emoluments a.s nmy bo " from time to time .greed on." " 14. The Trustees may, on their own motion, and withimt complaint being made, deal with " the Principal, Professors, Janitors, or any other officer, when they see cause. In such case, it " shall not be necessary that the grounds of censure, suspension or removal be recorded, tho " recording of tho grounds being warranted oidy in the case of a judicial process, in which a " complainant acts as prosecutor. An officer being removed shall be entitled to claim salary " only up to the date of removal." " 27. He (that is the Principal) shall sign all minutes of mooting of College, Senate and Sena- " tus, and should any meeting bo held in his absence, the decisions of tho meolings shall not be " valid till tho minutes have received his signature or approval." 11. Tho mooting of the said Trustees of the twenty-sixth day of January, one thou.-;and eight hundred and sixty-three, mentioned in the last preceding paragraph, was an illegal meeting, and not convened according to the roiiuiromonts of the Rojal Charter, inasiuunh as many of the said Trustees wore not summoned or uotifiod to attend, and some of them wore only notitied by tele- graph two or three days before such meeting, and tho said Statutes were passed at the said meeting without the knowledge of the major part of the said Trustees, and in their absence the said Statutes had been di'awn up previously to such meeting by tho Reverend Dr. Leitch, with- out any consultation or communication with the College, Senate, or any of tho Professors of the said College, and tho said Statutes were road and ]^jsc_d at tho same meoti. ■ in which they were introduced, and no opportunity was afforded fi^HiV consideration or discus.. ion of them by the major part of tho said Trustees. Tho Trustees ^K were present at such mooting and passed tho said Statutes had been prepared beforehand by™e Reverend Dr. Leitch, and were pledged by him to the passing of the said Statutes at some private meeting, and the said Statutes were enacted without that deliberation which tho said Trustees, in the bona lido exorcise of their duties, should otherwise have given to thorn. 12. Tho Plaintiff shew.s that in many respects the Statutes so enacted, as aforesaid, wore and are illegal, and contrary to the Royal Charter, and especially the Statutes 10, l-l and 27, set forth in the tenth paragraph of this Bill. Statute 10 is contrary to the Charter and illegal, inas- much as it assumes to make the. tenure of all offices in the said College to be at the iileasure of the said Trustees. Statute 14 is also illegal and contrary to the Charter, inasmuch as it assumes to confer on the said Trustees a power on their own mere motion, and without any cause assigned of removing any of the Professors or Officers of tho said College ; and Statute 27 assumes to give to the Principal a veto on all proceedings of the College Senate, which is not conferred or con- templated by the said Charter. ' 2 I \ 13. Tho Plaiutiff, and otlier Trofes ^-^1 es.snrs iu tlie saiil Ci>lk'"o, so i i i tllCV 1) , i, ., ^, ., soon jis tlicv hjpaino .uo passing of tlio saul Statutes iu tho moutl. of Fcl.ruary. ono thousand eight huncln.ran.l SIX y-throe objoctod to and protested against the said Statutes, upon tho gro.l^ds heroinbe o stated and such object:onr. have been continued up to tho present tin.e. and in consequence of such objections and protest tho said Trustees appointed a Conmuttee to consider and re ,o r upon such Statutes, which Conmiittco lias not, however, made any report thereon. 14 Tho passing of tho said Statutes under tho circumstances hereinbefore stated, and the general tendency thereof bon.g to confer on tho Ileveroud Dr. Leitch, as tho Princiiml, of tho absolute contro of the other Professors iu tho said College, and to make the tenure of Jh.ur office or othces to .lepend upon his mere pleasure, caused great dissatisfaction and discontent amongst the x>rofessors. Students, and others interested in the said College, and in cons, nueneo of sucli .statutes Ur. Lawson, one of the Professors in the said College, in September, one thou- sand eight hundred and sixty-three, resigned his Professorship, and this further increased the prevailing discontent in the said College. lo. Tho alarming state of the College referred to iu the Resolution of tho eighteenth day of 1-ebruary, one thousand eight hundred and sixty-four, was solely caused by those obnoxious statutes, and by the refusal of the Trustees to pay any regard to the respectful renionsfrances made to them wi h respect thereto, and the Plaintiff did not cause or originate such a state of things, and tho alleged complaint against tho Plaintiff, in that behalf is entirely unfounded. IG The Plaiutiff shows that tho meeting of the said Trustees,|held ou the ninth and tenth days of February, one thousand eight hundred and sixiy-four, was illegal and contrary to the Charter of tho said College, and was not duly summoned or convened. The said meeting pro- fessod to bo an adjourned meeting from the third day of February, ono thousand eight hundred and sixty-four, ou which occasion there were only three of the said Trustees present, and these had no power to adjourn the said meeting, and no notice was given to the different Ti-ustoos of the said meetmg of tho ninth day of February, one thousand eight hundred and sixty-four in the manner prescribed by tho said Charter. . ' 17. The Plaintiff shews that before tho said mee«?ng of tho ninth day of February one thousand eight hundred and sixty-four, took place, the major part of the said Trustees had'been privately and secretly influenced, and ^^e^•e prejudiced against him by the Iveverend Dr. Leitch and having been so previously influenced and prejudiced against tho Plaintiff, the major part of the said Trustees were prepared at such meeting to remove the Plaintiff from his said office without giving tho Plaintiff any opportunity of being heard or of justifying himself. 18. At such meeting all of the Defendants hereto, excepting tho Reverend Dr. Leitch the Reverend John Cook, the Reverend James C. Muir, the Reverend John Barclay, John Thompson John Greenshields, Edward Malloch, Andrew Drummond, and tho Hon. Archibald McLean' were present, and of such as were present, George Malloeh and tho Reverend Dr. Williamson voted against the removal of the Plaintiff; and the Reverend Messrs. MacMoiine and Iny fc<'liii>,'s of rcspntiiiput iij^'iiinst tho Plaintiff, in L'onsciiui'ni'i' of tlic objci lions niii'ld liy liini, witli otlicr Proffi t.Ui (I from li 10 a'oresaiil Statutes, and on account of tlio indi'penilonco of tlio P'.aintitr.s cliarai'tiT, ami from lim not snl)niitting, in the Ci)lio;.;t>, Ht-niite, or otherwise, to the dietatioii of tlie Uovcreiid Dr. Leiteh. 20. Tho Plaintiff further shows that tlio said TruHteos wero not jnwtitied by any of tho statc- uutit.s made Ly tho Iteveroiid Dr. Leiteh to tho said Trustees, even if tlie same were true, in the passing of tho aforesaid resolution, and that such llesolution was and is the result of party and prejudiced feeling, aud not of consideration for wlnit is to tlio advantage and lienoflt of tlio Raid College. 21. The Plaintiff shows that the Defendants threaten and intend to discontinue tho payment of the Plaintiff's said salary and emolument attached to his said office of Professor, and pIho to resist and prevent him in his endeavor to discharge and perform the duties thereof. I "22. llie Plaintiff' nhcia that ulnce thcJiUng of this Hill the Dvfimhtuts, nn the thirl itth day of May last, asHHined to jta-ss the tiro Itesohilions set forth in the siijiplemeutal austnr if the said Difindants, but the Plaintiff chanjes Ilia! the imetimj tf tlie said 7'rnstei-i, at irhirh such resoluHons were glassed, teas illeijalhj and improi>erhj convened and held, and that the pro^wr notices required hij the Chart' r in that liehalf were not previously rjivcn, or, if (jiven, not within the time reipiired hy the said Charter. 23. The, Plaintiff further charges that the Defendants did not sunimnn or call upon the Plaintiff' to appear at such last mentioned tnecting, and that the resolutions jiassed at the said meetintj here cantc to without any complaint made against tic; Plaintiff, or any proof' or evidence thereupon and without discussion and deliljcratimi by the said Trustees, and tvcrc passed merely for the purjmse of givimj addi- tional colour and pretended confirmation to the void aud illegal acts complained of in his aforesaid Hill. The Plaintiff under tho circumstances hereinbefore stated therefore pi-ays as follows : — 1. That it 1)0 declared that the aforesaid Resolutions of tho Eighteenth day of February, one thousand eight hundred and sixty-four, was and is illegal and void, upon tho ground 'hat the meeting at wliicli the same was passed was not duly held, and upon tho ground that there was no complaint made against tho Plaintiff, and no impropriety of conduct on his part proved. 2. That it may also be declared that the aforesaid Resolution was and is a Bre h of Trust and contrary to tho duties repo.sed by tho Royal Charter in the said Trustees, inasmuch as such resolution was passed without proper deliberation aud consideration, and under tho influence of prejudiced statements made without cause against tho Plaintiff'. 3. That it may bo declared that the Statutes in tho tenth paragi-aph of the said Bill particularly set forth in so far as they would afl'ord any colour and ground for .such resolution may bo declared to bo illegal and void upon the grounds hereinbefore set forth. i 1 i I 4 L 10 I. Tlmt it may be doc-Iared that tlio I'ltiintiff is .tititlo.l to hold ftud iMijoy hit waid • ilVK('(,f Piuf.s.orof Classical Litcmturo i.. tlit- C'dII.'k.' afoioHuid until duly rfiiiovcd or .-.usiHMidcd thoiefrom Un iiiii.rniuitty of lon.luct, dr.lv piov.d, an coiitcuiphitod by thn U(jynl Chiutrr aforesaid. 5. That til.- said Resolution niav bo ranrpllf ,'.. find tho naid TrnstocH rostrainod by tlui Order aud Injunction of tliii Honorable Court, to bo issued for thst inir- poHC, from in any wiso interferinp; with or inipedinK tho IMaintitV in the dis- clmrRe and performance of the dutit-i of his said ofliee, nnd from withholdinR from him the Salary and Knioliini. nls payable in res|)oct thereof. 0. That all the Trustees, Defendfint- hereto, who voted for tho nforosaid Resolu- tion, and tho Defendant, tho U. v, n nd William Leit-.h, may bo ordered to pay the costs of this suit. 7. That thoPlaintill" may have such further and other relief in tho proTnlsoH as tho circunistancoH of this case may reipiirc. (Signed i AbAM CROOKS. I 11 THE ANSWER OF THE IIEVEIIEND ALEXANDER MATHIESON, THE liEVEREND HIGH URQUHART, THE REVEREND ALEXANDER SPENCE, THE REVEREND DUNCAN MORRISON, THE REVEREND GEOR(iE BELL, THE HONOURABLE JOHN HAMILTON, JOHN RATON, (}EORGE DAVIDSON, GEORGE NEILSON. JOHN CAMERON, ALEXANDER McLE^VN, HUGH ALLAN, ALEXANDER xMOR- RIS, AND ALEXANDER LOGIE, FOURTEEN OF THE DEFENDANTS TO THE BILL OF COMPLAINT OF THE REVEREND GEORGE AVEIR, COMPLAINANT FiM low .V'ly, 1864. 1. We submit that the Board of Trustees of the saiil Iiistitutiuu has power to appoint the Professors as well as the Masters, Tutors and Officers of the Institution for such teim as the Board from time to time thinks proper. 2. Wc believe that many Professorships in the Colleges of the United Kingdom, and of the Continent of Eur'^pe, and also in Canada, and elsewhere in America, were not formerly, and many are not now hold for life. 3. The usages and customs of the University of Edinburgh vary in many important respects from the provisors relating to Queen's College at Kingston, contained in the Royal Charter of that Institution, and we submit that in points not provided for by the said charter, the usages and customs of the Edinburgh University are not binding, and were not intended to bo binding on Queen's College aforesaid. 4. The Plaintiff was not appointed Professor for life. 0. To the best of our knowledge, information and belief, he did not, as he alleges, accept the office on condition that tho appointment should bo for life, and the Trustees did not so re- gard it, and so far as we are aware, declarations and entries to that effect do not a^ipear in the records of their proceedings. 6. The authority of the Reverend Dr. Cook, to which the Plaintiff refers, was contained in a resolution passed by the Board of Trustees at an adjourned meeting held on the fifteenth day of July, one thousand eight hundred and fifty-two. This resolution was as follows : " That the committee of nomination, previously appointed, be discharged, and that the act- " iug Committee of tho Colonial Committee, with the Reverend Dr. Mathieson, and the Reverend " Dr. Cook, or whichever of them may be ixi Scotland, be reijuested, and are hereby authorized " to seek out and recommend for appointment by the Board. Professors to fill the vacancies now "existing in the College." 7. The part which was taken by Dr. Cook in nominating the Plaintiff, appears from the fol- lowing extract from the minutes of the Board, dated twentieth July, one thousand eight hundred and fifty-three : 3 ;,:., »irasrt:ic:;:i- — I 01 fci hi 01 B til ot P] Sll 3t in in l»i te hi in * ^ " Dr. Cook gave a verbal report of his procootlings in Scotlaml in regard to the ap'^nintment '' of Professors, laid on the table minutes of the General Assembly's Colonial Committee on tli.it " subject, as also testimonials in favour of Mr. Weir and Mr. Geddes, and further express? I in ■ " strong terms, the favourable opinion entertained of the Reverend Mr. Milroy by Ur. Flemin;.', " rrofessor of Moral Philosophy iu the University of Glasgow." 8. The following resolution was thereupon submitted to the Board and passed : '■ Moved by the Reverend James George, seconded by the Reverend Alexander Spenee, and " resolved, That Dr. Cook be authorized to write to Professor Menzics, in name of the Board, re- '■ questing him to nominate Mr. Weir or Mr. Geddes to the Classical chair in tins I'niversity, or " failing them, such (jther person as he thinks qualitied." 9. After the said Plaintift" had been nominated under the authority of these resolutions, and on the eight day of June, one thousand eight hundred and tifty-four, the Trustees passed the following resolution : his arr " That the appointment of Professor Weir be approved of and confirmed from the period of irrival in Kingston." 10. We believe that the appointment of the said Complainant, whether legal or not, rests on these two resolutions, and we believe that the Office of Rector of the Grammar School at Banff, was not, and is not, a permanent ofKce as the Bill alleges, and was not held as such by the Plaintiff. 11. We submit that the provisions of the said Letters Patent respecting the trial of com- plaints made to the Board, do not take away any discretionary power which the Trustees would otherwise have, but are only obligatory where no such discretionary power exists. 12. We submit that the Board had discretionary power to dispense with the services of the Plaintiff as Professor, just as tlie Board had like power to remove any Officer of the College, subject to his receiving any payment on account of his salary, which the law under the circum- stances might entitle him to, and that the Trustees having dispensed with the Plaintiff's services iu the exercise of their discretion, their act, or its motives, cannot be questioned by the Plaintiff in this suit. 13. But we positively and distinctly deny that he was removed through such influence or prejudice, or from such motives or fecHngs, or for such objects as the Bill alleges. 14. On the contrary, his removal was after a full discussion by the Board on the ninth and tenth days of February last, and from a conviction that the conduct of the Plaintiff had rendered his removal absolutely necessary for the best interests of the College. We furtlier sav, that many of the facts and circumstances which shewed the necessity for his removal were within the personal knowledge of the Trustees themselves. 15. The alarming state of the College referred to in the resolution respecting the Plaintiff's rtmmsummtm ^V . 1 i ' 'i ? :i ! i I , 'vl ,]' .mil ii 18 removal, pfisso,! „n tlio toi.tli (iiot cigliteeiith.i day <.f F.hruury last, ami the riiiiutifl s sluiro in prodnc'iiiK such iilanuiiig state of tlie College, existed in j)ait before the twentv-sixth tiny of Jainiary, one tliousaml eight hundred and sixty-threi', and the necessity for the Statutes, Kules. and Ordinances, j.assed on tliat day, jiartly an.se fn.ni such condition of the Institution. es lO. We submit that the Plaintiirhas no right to raise anv question as to the technical inv- gularity of the Meeting of the ]3oard at which he was removed, his removal at discretion being as we submit, within the power of the Board, and his renn.val, aa the Plaintiff well knows, being the wish, and having the approbation of the great niaj(n-ity of the Trustees, including both those who were present at the said Meeting, and those who hapi)ened to be absent ther.'from. 17. But we further submit, that the Meeting was regular, that a quorum was not necessarv and has never since tlie Board was first constituted been eonshU'red to be seeessarv for a motion of adjournnn-nt to a future day ; that a dift'erent rule would be extremely inconvenient in a prac- tice, prejudicial to the pnjper managenu'ut of the aflairs of tlH> Universitv, and attended witli no corresjjonding advantage ; that Meetings of the Board it which no quo'rum was present, liave often been adjourned by those present to a future specitied day ; that this practice has been accepted, and recognized, and act( ; on by the Trustees since the establishment t)f the I'niver- sity; that the Ailjourned Meetings have in such cases taken place without objection ; that by this means all the Trustees in efTeet vested in the Trustees who might happen to ])e i)resenfc at any Meetnig regularly called, the power of atljourning the same to a future si)ccified dav, and that m such case such atljourned Meeting wa.s, and is in efiect, a continuation of the original Meetin"- that the Meeting at which the resolutions of the fifteenth July, one thousand eight hundred ami fifty-two, and eighth June, one thousand eight iumdrcd and"iiftv-four, were passed relative to the Plamti.Ts appointment, were atljourned Meetings of this kintl t.f which the notices sptdfied ni the Statute were not given ; that timely notice of the atljourned meeting at which the Plaintifl' was removed, was given tt) every Trustee by a letter addressed to him by the Secretary and otherwise. IS. We further say. that we do not believe that in the part the Ilevercnd Principal took in the removal of the Plaintiff, and which is greatly misrepresented in the said Bill, the Principal was actuated by a feeling of re.-ientmant against the sai.l Plaintiff, arising cither from such rea- sons as the Bill states, or any other reasons ; but, on the contrary, we believe that the Kevereiul Irincipal was actuated therein by a sense of duty to the Institution over which he presided, and >y_no wrong whatever. He was not present at the Meetings of the nintli and tenth February, being at the tune, and having been for several weeks, seriously and dangerously ill as he still is. 11). We further submit that the said Plaintiff has no right to irapoaeh the legality of the Statutes, Rules and Ordinances of the Twenty-sixth day of January, One thousand eight iuiuib-.-d and sixty-three, or the regularity of the meeting of the Board at which they were passed. 20. But we further submit that the said Statutes, Ptules and Ordinances were legal, and that the meeting af which they w(>re adopted was a legal metjting. '-1. Such meeting was in fact an adjourned meeting, and t so nioedng of which it was an atljournment was a regular meeting wnicli had been called in the manner pn>scribed in the Letters Patent, and a timely notice of the adjourned meetiiK.' was sent, we arc informed and believe, to all the Trustees. I { Jl; 1 1 1 i . ' ^' i 14 22. The ;?iiia Stiitutos, Eulos ami ( Wiuanccs won- not ])assiHl without due oonsiilomtion null (liseussion, iiiul tlie same had the ;\pprubati(iu of nioMt of the Tnistt'os who woro iilisfiit from thf meeting as well as those who were present, autl iu-eonliiigly the snine have been nequiosced ill ever since. 23. We further sulmiit that the sai.l University was founded l.v lloval Charter, as staUd in the first p.ara-raph (if the PiaintitVs Bill, and, therefore, that Her Majesty (he t^u( t ii is the Visitor of the said University, and the Plaintirs only remedy is by petition to Ifer Majesty. 24. AVe humbly submit that the; Plaintill' is not entitled to any part of (he relief ],riived by the said Bill, on the grouml that the Plaiatitl should have api.eaied to Her :\[ajesty (he'Ouieu as Visitor. And, further, that he is not entitled to the relief prayedjon his own shewin-,', or on the facts as they really are, and wo claim the same benefit, of anv defence api>earing on the said Bill, as if we had demurred thereto, and we pray to be hence dismi.sseil with eosls. O. MOAVAT. THE ANSWER OF THE DEFENDANTS THE REVEREND JOHN BARCTAY HONOR ABLE ARCHIBALD McLEAN, REVEREND JAMES C. MUIR \ND '\NDRFW DPiUMMOND. . Filed Cll, May. ]>i',i. 1. Wi! say that the imputations in the said Bill contained af,'ainRt the Reverend Principal Leitch and the Trustees who voted for the removal of the Plaintiff, and for the Statutes Rule's and Ordinances mentioned in the Bill, are, in our judgment, entirely unfounded and unjustifiable' 2. Wo believe that the Plaintiff did not hold his office for life, but was liable to removal at the discretion of the Trustees, and w<. believe that that discretion was exercised in good fiith and from a conviction on the part of the Trustees who voted for the Plaintifi"s removal, that his muse of conduct had rendered his removal indispensable. 8. We submit that the PlaintifV, in and by his said Bill, does not .show himself to be entitled to any eiiuity, and we crave the same benefit of this defence as if wo Lad demurred to the -lid Bill. 4. We further submit that not having been pvosout at any of the meetings, the proceedings of which the Plaintiff comi.lains of, wo wore unnecessary parties to the said Bill, and we iiray that the same may be dismissed against us with costs. THE ANSWER OF THE DEFENDANTS QUEEN'S COLLEGE AT KINGSTON. 1. The Plaintiff's course of conduct persisted in, in spite of admonition, warning and advice rendered his removal necessary for the best interests of the College. n mi II 6^ 11 I I i i •2. AVr siihinit tliat tlio Board of Trustees had the power of romovin- tlir I'laiiititV, ami in the oxcrc'iso of their power tlid iluly remove him from his olHce. 3. We further sul)mil tliat the Statutes, llules and Onliuaiu-es rcferr,,! to in the JMll w.-re such ns the Board hud power to adopt, and that they w.re iej,'allv and dulv pa'^s.ul, aii.i that wh.'tlier tliey were (,r not, tlie riaiutilf ha^i no ii,.-ht t.: impeach the-a in tliis suit. •1. We erave leave to relVr to the join* und sevrral answer of tlie llev.nvnd Al-xaiidc-r Mathieson and others to the said Bill, as part of the answers of tliis Corporation, and w.. rely ou the several gnjumls of defence theivia s,,'t uj) to the riaintiirs Hill. o. We .•.ul.mit that the ri;iiatiir, in and l>y his said Dili, does not shew hiius,.li U> I'e .^nlitled to any relief in eipiity, ■.v.u\ we erave the same henelit of this d,.fenee as if we had demurred to the said Bill. I I i I THE SlTPLEMEXTAllY AN.S\\Ell Oi' (iUEEN'.S COLLEGE AT XENCISTON. I'cU I l.V/i .s'j.,'., ISCI. 1. We say that, after th • tiling; of one former answer in this ea\ise, that is to say, on the ;)Oth day of May last, the J3oard of Trustees of the said College duly j.assed the f..il..>wi'n- ivso- lutions, that is to say. First :— •• Tiiat the action of the Board as recorded in the minut(s">f tlie '■ -Jllth January, ISO:!, -.uierally, and specifying that the actiimof the Board in the adoption of the '• Statutes, Bulcs and ( hvlimuices for the government of tliis institnti.m, and the said Statutes, " Rules and Ordinances be now approved and confirmed.'^ Second,—" Tiuit the proceedings of " tlie Board of Trustees at its several meetings on the Uth and lOlh days of rehruavv last,"and " all the particulars thereof Ijr, and are hereby approved ami eonfiriued. more esjieciallv as " regards tlu^ removal of Prof, ssor ^^"..■ir from his oilieo of Professor of Classics, and Secretary '• to the Senatus of V.a; College." 2. The said resolutions we/,, passed after discussion and oi-v Mallo.li daivd Tth May, 18(14. Do. do. against tlif Defendants, Jol.,1 'iJioniiison and John (Ireiiishields dal«ii l<)»li May, 18(;4. Do do. against the JJelen.hmts, The Keveivnd .Inlm yW-Yiuvulr and Edward .AlalWh ,1.,*...! .li'il. AT... -loi't ' dated -IMi Mav, lS(i-4. P.fjil'iriillonjVril IS//1 Jkiii-. 1>*i;-I. I The Plaintiir in this eau.se joins i.ssue with all the Defendants herein, exeejit the Defi'ndants Th(^ Itc^verend John Me:\rorine, Edward 3[alloeh, John Thompson, John (ireensln.lils, (ieorgo Malloeh, and The EiiVerend A\ illiani ,AIa\well Inglis, against whom the riainiilfs 15111 has been i.dven /)/o eo);/"c.s.v'/, and as to .sueli last niuned Defendants, the Phiintill' will hear this cause on tlu! order )in> ciml'vusu. Dated this eighteenth day i '.Tune, Ififil. CROOKS, KINGSMILL Sc CATTAXACH, I'hiill/l'irs S lirifors. flflilii-.li'jii fileil I'M .^iiilrmhtr. 18IU. The riaintitV in this cause joins issue with all the Defendants herein, except the Defendants The Reve. 'end John MeMorine, Edward MaHoch, John Thompson, John (ireenshi(>lds, (ieori'e Malloeh, and The Reverend William Maxwell Inglis, against whom the riaintitl's Dill has lieen taken ])io cini/r.'iso, and as to .such hi.st named Defeudant.s, the Plaintiff will hear this cause on the order pro con/csyo. Dated this nineteenth day of September, 18G4. CROOKS, KINGSMILL & CATTANACH, I if 1 (.1 I I I IT Jiiil^iiu'iit uf Vi( r:-('ii.\N,i:i,i,,i! Ksti:n, oh n.uilnii fur Injiinciiijii. Mivv notli, iMdi. I l|av- ipus... the C.uut.r nn.l St.tut... I thinl. .1... Tn.sf.... hau- ,„..•..,• to a,,.,,..int f„r 1 ... or , tc m of ^UMU. .... .lunn, pI..,.MUv. l,„t tliut an an,„i„tnH. nt n.a.l.. kmhtuIiI .....st 1, • cu H to ho .lun..K' «.u,l lu.l.KN,..ur. wlul. t.u. .luti..,s ..f tl... nfli... an- ,,..rf..nn..l. I'think that th.. l.th dause was Ob .,-at.,rv. or wa« iat.MKK.,1 to iuMuv an inv...ti,..ti!„. in ..... of .....s ,1.. CO ui.lau.t. Hv th., i,nnc.,i.lo of th. c-on.mo,. law. .., n.a.. ,..,. l,- .liMuiss..! f.on. hi. onUv u , . .-ut m,,„ny a.ul an ..p,,o.„„Mty of cK.fcn.lin,; himself. 1 think, tii..,vf,„v, tl,al the .liMnisnal of Mr \\ ....•, was . le«ah He couKl, .l.n.l.tle.s, .v.-ov..,. the e hnu.nls of his onie... la.t I thin! ho h.js a n«ht to the pn.teet.on of the e.mrt whieh wouhl n.,t j.nuit anoliu .■ t., 1, • retain h.s olhee .Inle he .....overs h.s .sala.-v ut law. The le.al r..u.e.l v wouhl 1,.. ina.le.,nate. i k hat a person api.on.t... under the trust has u rij^ht to th.. i,rot....ti.,n of th.. ..a„t, an.l .hat IrusteoH tnin.seomlu.g their p<.wers sh.n.hl he resfaine.l l.v i..junetion. 1 .li^.-hiin, of eou. e uU auth....t, to ,,ae.^er.. if d.e Trustees, pr..e....aiuK in due c..uL. ..f law, prl;.,.:::;: UXL M .s .leemed to l.e err.n.eous. la this case the ju.i.s.lietio., of the vi,sit..r will l,e iuv.,]ve. whoso .h.csiou cunu..t be received by tho court, but thi« proceeding appeur.s to u.e t.> be .lUu Order for injunction, dated May ;]()th, A.D., l.S(U. Upon .notion this day, made u,.to this court by ^fr. Crooks, of eouns..l fur the Pl,u..titr in tho presence .>f cou..s..l for the d..fe..da..tH. other fhui. tho Itovc.rend John McM.ui.u. '„. i Sloe "" f ?"" ''«•-.[--•«<= Malloch,.rohu Th.uepsou, J....u (ireenshi..hls and i d v d 3Ia loch. aga.nst whom the lid] of co.upiaint of tho rhd.di.f is t.-len ;„. .o./l.s.so upon .t ."] ..f the .natter, a.ul upon hear.ug read tho ploa.lingH and proceodiugs had herein, a... tho var . ,t documents and exh.b.ts m th. .u.tice of motion for this app]i..a;i.,n'n,..ntion..d. a ..1 , p .U i " what was alogcd by cou..s..l aforesaid, it is .u..le..ed tlu.t an injuneti..n d. issue'r t-.n' g the .sa.d l)ef..ndants lr..n. attempting or proceedi..g to elect or appoint, or fro.n ecting or Jl.po...t.,.g any person t.. the chair or Professorship of C'iassieal Lit..rat.n.e i . (^H...n-s \ ' V ngsto... rn heu or stead of the I'hunti.f. .udil H, ..a-ing of this cans.., or thl furth..- it th s court. And .t .s turth..r ordered that th , ,sa... xiefendants ar,. to l,e at hbertv to n.- I • n ^^'o"^''l ' A. CiI{ANT. Itiiji-^lriir. DEPOSITIONS. j Examination of Plaintiff; GEonoE Wkih, taken before Mr. Jan.es Alexander Hc.derson M..stor ^ at lv.ngst.,n, on Wednesday, 'ilst September, A.D., ISGI, at my Chan.bers in saJd Cily Geokoe Wei.., of tho City of Kingston. Clergyn.an, being duly sworn, nntketh oath a.uKsaith : To IdU, McLennan : I ara the Plaintiu in this cause. I caine to Mus countrv in the year 18,V.1 fr.m. Seotlan.l to assume the dut... of Professor of Classical Literature in (^.^..'s College at Kinit^:, C:^! ' I 'i i i 18 as PuM'hir of tliu Daiiif Aciul I was HO cii'Ci iL'ed as Rc'L'tiir I'oi- twi amy, utLaiiff, in Hootlaii L It iu called f o years an cal/von. I luul a writtc •solicitor, Mr. Crooks, tl extract into the hands of my solicitor before tl that I loft iinwa rds a agrceuieut whiel, so stated it. Tlic extract of it ■ rannnarSeliool an.i Aeadc was engap;od for lift le orij^'innl is entered in the 1, i.s of the Bai.ff Acadeii e ml lihnii ad is in tlie hand;= of my y. I init th I permanent emphjymout in .Scotland. Tl lis suit was commeueed, u.s I wanted to shew 1 uni in my aliidavit(jn production of di ■df le reas'ii )oiiments is, th: I did I why this extract is not nii'ntioned prepared tor niu to swear to, and therefore did not SL'o it ;nentioney appointment as Eector of the E.udV Academy and C! « Scnool, a Lan 1, certified by tne Town Clerk, (ieorge Forbes, as being a trnc copy. Tl e !;" eon a.ns the who ; mat er ot the agreement. 3Iy appointment continued on ho same t during the whole time ot niy being 1 ector, excepting that the whole departments of the .cZ w..-e imt under me instead of he Classical and Mathematical departments ahme, whcii 1 fi " entered, on my appointment. I was appoinle.l originally as Eeetor. The wor.ls „v^ H'.L '■>,'pa,a do occur iii the extract. There was no other written agreement or instrument that I n aware of._ I do not know how the Eanif Academy i. endowed. I never told anV ™ ' h^^ my appointiuen tat Banll was not permanent. I never said so to Mrs. Logic, at Kin.^ston I have no recollec ion oi any c.^iversatiou with Mrs. Logie. respecting the lianff Acade.m-, at all lU.ould not make me doubt the accuracy of my recollection, if Mr.. Logic said I Jnurt< Id her so. I got the extract when I entered on my duties at Banff. 1 have had it in my possession ever since. I do not know who my immediate predecessor was. I luu-e no other doVumeut that I am aware of bearing upem tiu,. suit, excepting the extract and those lu-oduced. It was p.irtlv through a communication with Mr. Men.ies that I came out here to be Profcs.ssor. I thi.dAhero .nay be one or two letters irom Mr. Memdes bearing upon my appointment in Quee.is Colh.^^ which I have lost. I kept no account of them, as I thought them of no importance. I ncvw^ was at the Edm .urgh I niverjaty as student. 3Iy agreement as to my Professorship in Qr^^ iuist ., as I uppose. ihere was no particular agreement that I know of. excpt that I was to ^ be Proxessur a a part^u ar salaiy. In my agreement there was no reference tint I know of as I o the tenns o sueli Prolessorshii, m Eduiburgii Cniversity. The. was no arrangement . Z he dura lou of the agreement. My appoinl-nent, so far as I know, was in no wis" diil^^S o ^ the appointm.it of the c.tlu. Professors of CMeeiis College. I do not know J hf ^L ^ . ^TTn^t^^ "''" " *'" ^'"""^ ''^■"'^"""- ' ^^"-^ '^^'"l''^- ='l'I--"ted .It a I The grounds of my belic.f tliat the major part of the Trustees before the ineeti.ig wcro ' .nfluenced .and prejudiced, as mentioned in the 17tli paragraph of the Bill, are a.s follows :-Di Leitch and Mi^^ Murray, as I lad been informed, had, during the Christmas liolidavs, g"'"'i""""i H'" had heard tiiat th(> charges upon which I was to be dismissed, liad been seen in a lawyer's olKce "' in the city. T am not sure who told :\Ir. Peters. (Mr. McLennan puts this (luestion' " Do you believe you know wlio gave ^b: Peters the information." The answer given is,) " I do not kmiw." (The witness refuses to answer as to his belief.) I got a deal of information from :Mr. Inglis. Mr. Inglis told me, to the best of my recollecti(m, in the presence of :\Ir. Burnett, of Hamilton, that he had been written to Ijy Mr. Morris and Dr. I'rquhart, of Cornwall, relative to mv dis- missal, before the meeting took i)lace, and that this sentence was in the letter, " That the Mon- treal men had come to an agreemeid that Weir m "st be got quit of." I cannot for certain give all the particulars I heard from Judge IMalloch. I heard him say that he thought it was a con- spiracy to get quit of me. He alsj said he had no notice of the' object of the meeting beyond the general words of the chairmairs k'tter. Dr. Cook stated that while he was here as Principal, means had been taken to prejudice him against me. Jcdm Creighton told me, as far as I remem- ber, that on the morning wf the ninth, Duncan Morrison, of P>rockville, had stated, in the presence of Mr. Inglis, tlia* they had come up with a view of dismissing me. I'pon rejection, I do not know of any other persons who gave mo information relating to the seventeenth paragraph. 1 heard rumours about Dr. Leitch's health before the meeting of the ninth February. "" I heard various rumours about his health. I was aware that, at the meeting of the ninth February, Dr. Lcitch was not present. I do not at present remember that any Trustee told me that h" had been influenced by Dr. Leiteh. I heard of several Trustees being inlluenci d by the documert which Dr. Leiteh liiid caused to bo read against me. I beard that he had influenced some of the Trus- tees when on his tour among them during the Christmas holidays. I have not been ajipointed, that I am aware, to any situation in (Quebec. I have not been offered any a])poiiitment in (Quebec. I am not aware of any change that has taken place in the staff of teachers in Morrin College, Quebec. The Principal of Morrin College has not proposed to me any appointment. (Mr. Weir refuses to answer any (piestions as to what he had heard respecting' changes in Professcu's or teachers in Morrin College, i I know nothing certain regarding contemplated changes in Morrin College. (Mr. McLennan asks, have' ycju any knowledge of any change, actual or contemplated, in the staff of teachers in Morrin College, (Quebec.) Mr. "Weir ici.lies, I have uo certain knowledge of any change, actual or contemplated, in M.u'riii College, (,)uebec! I am not aware who are Governors or Trustees of the College. I had a letter from Dr. Cook respecting an appointment in Morrin College. I am not sure that I have that letter. I do not know whether it is in existence or not ; it may jjossibly be among my papers. I have no reason to suspect it may not be among my papers still. My answer t(j Dr." Cook was, that I could not entertain the acceptance of any situation in .Alorriii C(jllege, pending the suit with the Trustees. I do not know that soon after I came that lleverend Dr. (Jeorge was Vice-Principal. I never saw his api)ointment. I am aware of his having been styled "\"ice-Principal. Hi; may have been so styled in the min-i.tes of the Henatus Acadamicus, in iny own handwriting. I am not aware that there was any actual Vice-Principal of the College at' the time of my appointnu-.it. I do not know that Dr. George performed the functions of the Principal. He presided at the ineetinga ■*L r mi I If ill • M ii m I ll of tlio Senate after I was appointed. Professor Smith was one of my brotlier Professors. 1 iia.l no difficulty with Profes.sor Smith wliile lie wa.s Professor, nor anv disa^'ret'imiit ; we ynt on harmouiou.sly tof,'ether. Wo never had much intereourse. AVe never'eame hitotoilision togetiier. I never had any difficulty with him al.out the examination of the .students in mv class, (.rahout any books wlueh he brought from Great Pritain for me. There was a disa,i,'reement bLtween Dr. George and me. It began in the fall of 18.j(!, and was about Mr. Portiiwiek. Dr. (.ieort^e wished to exjx'l Bortliwiek from the College. 13(jrthwiek was a teacher in tiie Preparatory School, also a student in Dr. George's class in Tlieoh)gy, for having written a letter in connection witli the College. I lodged in the Senatns six reasons against the Senate taking up the (;uestion. The com, hunt of Dr. George was, that JSortlnviek had i)ulilished a complaint against the College, calumnious, libellous and false. I took no part furtlier than lodging mv six rea.sons of dissent! I. -vas a matter for the Presbytery, not for tlnnn. Dr. Ge(irge refused to recognise or speak to me ofter. Dr. George gave no reason to me for so doing. I never heard from Professor George what ' 's reav ;xis were. I surmised it was because 1 had lodged the .six reasons of dissent"" in the thwick matt(!v, No further action was taken in the Bortliwiek matter by the Senatus. 1 ^vent ;•. George's house on business. I would have met Dr. Ge(M'ge on amicable terms, I was .cc willing. Dr. George would not meet me. He gave no reason. The matter came nj) before tiio Trustees. Dr. George gave as a reason, that I had taken up a falsehood and sujiported it. He said I had homologated falsehoods. I claimed protection from the Trustees. He may have had relation to the IJorthwick affair, as I suppose. 1 heard that Dr. Cfcorge had said that I had a hand in the Borthwick letter. I have so understood that this was the cause of the disagree- ment between me and George, but it was an insufficient one. He intimated to a comnrilteo appointed to deal between me and George, that I was the autlnn' of the letter. 1 w.as not the author of the letter. I haw that it was not u false charge. 1 did say to the students when they asked me, that I would lav the whole matter l>efore them, I sliew(d them the evidence, that is the atlidavits of mv sister, of Mrs Leckie, and of Mrs. Patrick "Weir. I h.ave no remembrance of anything more. I slunved them the correspondence between me ami Dr. Cieorge. I h.ave no renunnbrancc! of showing any. letter from ni}- sister. This occurred once. I think three students were present. I am not sure as to their names. To the best of my n collection the stud'nts were Alexander Mc(,)uarrie, John McMillan. I do lut remembir the tliird just now. I have no recollection of anv other conversation on the matter with several students. I may have conversed with other .students at my own house, when questioned by them. I have no recollection of exhibiting the documents to my students, but on the abovci-mentioned occasi(Ui. I n(!vi'r conversed in any of the Collce class- rooms with any of the students on this matter. I never addressed the students in the College class- room on the matter. In the year l.S(32, at the close of session, one of the students asked me if I was to be examiner in classics. INfy answer was, I did not know, that I had been pb jd in a jiaiid'ul position, and I said S(jme of the Trustees were of tlu^ same opinion. I read extract of letters from Dr. Cook and Mr. Durnet, to the effect that 1 should lu-ver luive been placed in tiie painful position in whicli T was. I lirought the char;.';e .-(giiiiwt Dr. Cieorge befo'v the Trustees. They took no action whatever. Dr. Cieorge h.aving previously resigned. He resigned in Decendier, LSdl. 1 am not aware of h.tving discussed the action of the Trustees l)efore the students. I am net aware of having spoken to the stud< vts about the action of tlie T'rustecs. I never spok<; to the students of lU}- r|-.iss about the action of the Trustei's. I am not aware of exhibiting these papers to any private person not connected with the College, except my lawyer. I have no remembrance of reading the papin's to any ])rivat(; person not connected with the College. I never advise'' any student not to attend Dr. Cieorge's class. I never refused or omitted to attend meetings .i. senatus because Dr. Cieorge would be present. I cannot say whether J did or did not relate this charge to my acqiuiintances — private persons. It did not often hajipen that I discussed this matter with private individiuils. I have answered (questions about it when put to me. I have not been in the habit of relating the particulars of these matters to private indi- viduals. I was on friendly terms with the latt; Principal Dr. Leitch. I know nothing to the contrary. "\\'e met in a friendly way, on speaking terms. On my jiart there was lu) ixnfriendly relation. I cannot say for liis part. Dr. Lcitcli found fault with my conduct in reference to a meeting i the senatus. lie blamed me for calling the nieeting wrongly. I am not aware that I have spoken disrespectfully of Dr. Leitch. I am not aware that I applieil to him the epithet ..:Si ■ ■' ' 1 -, 1 1 i ; . ii 1 ^ilili nut 1 cum 11 eve llc^'l (1uti( to tt aui I \\ii iiitiii not Loiti be SI rc'col HtMKl pvcsi Will tliat ilisci oIpso novo vvritt kiiul aboil h'rl,, pi'iul one I wrot the distil idea Who knov i:xhi was * know to pi I ton noli the ! mam sent, is no ^ if tht i tlie II 'Patoi in wi Trasi I (if " JamiH." I am not nwnru that I cvor ridii'iil mI JIk! I'lincipiil. I liclicvc I mver ilid. 1 mii not aware that I ever spoke to the students, or any paitieuhir stmleiit, liliinini^U- of Dr. liciteh's conduct. I never, during,' ISOl or ISd-J, absented iiivself from my elass, unh'ss from ilhiess. I never diseliarf^ed my oflice of superintench'nt of schools to the ne;,'leet of my class. I never ne;,dccted my chxsses. I was never ahsent from my chisses for thi; imrposc of nttendinj,' to my duties as Scliool Superintindent. J was one week absent, very sick. 1 was unfit, from illness, to teach, and on one afternoon of that woek I visited a school or schools as Swperint(>n'l' nt. I am not sure I was a week absent. I cannot say whether I went to one or more of the s-hools. I was not nMpiired by the Trustees to give up my jiost as Supi'rinteiideiit of schools. It was intinmted to mo that the Trustees thought it did interfere with my duties as Professor. 1 did not give u^) being Su[)erinteU(hMit. I um Superinten(h'Ut still. I do not renumber that Dr. Leitch (:P'"red to take my place in teaching my class when I was ill. He said my iilace could be supplied. I gave him no answer further than I expected soon to be back myself. I have no recollection of saying anything disrespectful on my part to the Principal during the meeting of senatus. At a nu'cting, Dr. \\'illiams()n, a Professor, had some discussion in tin; Principal's presence respecting the impropriety of writing lujtes on backs of old used envelopi'S. Professor Williamson said it was not a proper way of dealing with tins Professors of the College. I said that lie, the Prineii)al, had (h)ne the same to me ; that I did not set it down to any personal discourtesy to me, but that I set it down to his not knowing better. I did not maki; sligliting observations of that kind to the I'rineipal. I do not consider that a slighting observation. I never wrote anonymous contributions about the Collegia on any subject, or jirocured them to be written or printed, or was privy to such. I never charged the Principal with miscon(hu;t of any kind. I nm not aware that I did. I never jiroposed to other persons to write communications about t!u) College, so that I might ansv>-er them. I know the contents of the paper marked E.diilill X'). 1. The extract on the first page was s(^nt to me by the Trustees. I have seen the printed matter on the seeoihl page. 1 saw it at a meeting of the Trustees, produced by Jlr. Paton, one of th(! Trustees. It was in part got up by me. I do not remember when it was got up. I wrote some of the paragraphs on the second page. I rathe iiink T did not writ;' the whole of the paragraph. I do not know who prepared the remaindei. I am not sure. I have no very distinct belief about it. [ am not sure who had any business about it besides me. 1 have no idea how many persons v.cre conceriuMl besides me in getting it up. I got the whole ])ri:!ted. When print d, I did nothing v.itli tlieia. Win n pi'inted, they were sent to my house. I do not know what was done witli tliem after they came to my house. I did not write the address on Exhibit No. 1. T have no recollection how many v.ere printed. I got this ready to show what was the real decision of the Trustees in Dr. ((eorg(>'s ease. I paid f 1 ^1 dissensions between Plaintiff and Professor George. The liter resigned h^fjla e n S C^h^" ' ^f;:w^^Si^^^.-^^^^^^ (Signed,) GEO. MALLOCH. William Irelvkd, sworn : lam Soorctarj. to Iho Boar.I ot Trnstccs of Qucci', ColK-ge in Kingston, U,fciija,,l, in ll,i» 01 itoiuai^, 1M,4. It i.s Minute Book Number Two. I was present at tl.n«,> ,„•.„,<,, r i recorded the Minutes of them. They are correct. The meetili^S^H;^. 2 . ^ F^™ fj :':^ assumed to be a meeting adjourned from the previous third of Februarv when t We t a meeting of three of tne Trustees only, and this meeting was adjourned fron a n ee in dd on he sixth of Januaiy previously, which had been adjourned from Jhe previous six h o De J ,ei the meeting on which day was by adjournment from the fourth of November p evk.ii^l, ' h meeting was held, as assumed, by adjournment from a meeting of the seco d'o olt-i t. V ous ly The mee ing of the second of October was adjourned" ■/.. ,U,.. The mee ing . t" ^fOdxajer .^s held pursuant to au adjournment of the ordinary General Meeting hehl on ^^ Etf n 'l^'^'^f''' previously. The meeting of the second of October, which comm n<" d s bttmg.s oil the hrst of October, was a Special Meeting. On the first of October t^i di .u ' mnut s of the meeting of the seventli May, 18G± On the eighth of May, 18G:>, the Boar s Led .f certain charges made against the Plaintiff by Mr. Paton. On the'twelftl dav of De "mbe m IVfi "! i.V^ I 1 11 ! i'll' 18G1, the resignation o lus place lu tlio Collego l.y Profcso. (Icoi-go was accepted and recorded among the niniute.s of the Board. On the tliirty-tlrst of May, 18(J4, a meeting of tlie b3 a held Its proceedings ^^^^-e recorded in the Minute Book Nuial.er Two. The nieetin-. wis e. ! venod by eireulars signed l.y the Chairman, a copy of which T p,odnce. (AV/.//.V " '" T y were addressed to the members of the Board, and mailed by invself on the twJn v-n-- th of April 1S(,.1. I did no but the Chairman did, advertise in The Kingston News, a n ti ff tins meeting. I was not directed to insert any sucli advertisement. I h^.k at a letter Xn d by Mr. Baton, addressed to the riaintill', dated the twc.lfth of November, 185IJ iFrUUt ■'/"'■ I produce a n ■■ ute ot the Proceedings of the Board on the tenth of November, 1859. I produce a minute of K eedmgs of the Board on the twentic.fh of J„]v, L8.5:5. ( Ml,,,,, Huoh \,ITtZ resolutions then adopted authon.e the employment of Blainti.r as ti^ s^.if P i, ^^ T usmd way of -"l^oynig Professors and Officers is by resolution of the Trustees. On t" w..nh' first of January, 18b,J, the draft of certain statutes allecting the Collc-r,. was presented . 7l . twent,-.i.th of Januury, l8G:i. they were discussed and a^.plcd by [ile l^ta t, "t^ of October, l%.i, a motion was made to rescind «ome of these statutes. They were rln Ho the consideration of a Committee, which has not yet rei.orted Th- Minutes of f 1 1 i jMinute Book Number Two. shew all this. On the'nintl/of M^rcl^S^ M pl^ nd M:^ ^^ne^^lT'"" 1 ^;^;'"'"f-;" i:-l>-<> "- Annual Iteport to the Cdonial Conim to of the General Assembly of the Church of Scotland. They made a Report and desnatche.l ,t s apju^irs ii.om the Min^ite of tl.e twenty-eighth of April, ^8,14. I produce T^r^^y^Z pear in the Minutes oniiat ite, were preLt. ^?^:;:^rm;t im^ ciy few spoke. Mr. Pa ,ni s ated that, in his judgment, the College would not be woAe lar-' momously so long as Plaintiff was retained in it. I do not think that the character o d . cussion influenced the ac ion of those present. I saw in possession of Judge Logic the wri ^^ statemen referred to by last witness. I never saw it out of his pos.session. It was said to liavo emanah^ troni Ir. Leitch the Principal of the College. It wL made a matter of complaint ag mst Plamtift that he had continued to act as Local Superintendent of S..hools contrary . t ^ oiders of the Board On impiiry it was found that there was no such order, l,ut merely a recom^ mendation. I heard no otlu.- complaint than this, and what Mr. Baton stated agains P 1. ntm' It here was any other it mus have been stated very shortly, and did not attract my attenti n On the morning of he tenth the resolution of the ]5oard to remove Plaintiff was come to witW PhiiS- "I'i" T ''*• ^''"- ^ '^"^ "P'f ^" "■■•^•^ '''-' --^ •" -«"-^ to the tenure of oi^ oly Pla ntift_. I had no in formation in regard to the object of this meeting than «hat is contained in the n-cular notices to the members. I was handed the manu.script notice by Mr. Paton wit ui. rnctunis to have it printed and circulated. I produce tliis-(A>^// " F"^-ii is in u ii^ d- ru w 'l" 4 ;■ '^'^^'\^-'':^' - ^^^-'^--^- I P-Kluee a printed circular of the fifth of fX Ts »' Di f e f V ' '"'-'^*'".«;'V "•""■''\"' ^"''"■"'"■^'- ^y ^ ^^"'"''^ °t" the ninth of November, it us? ISn ""V^i'l'"'"^*-^^^ ^T'^f "^ '''' ^'""^Se. A Minute of the eighth and ninth o August 18(,1, has reference to a letter from Dr. Leitch on tlie subject of liis office. I produce tiiat letter, dated the tenth of July, 1801, addressed to / y,,,;, " J"?,^ This letter was referred to the consideration of a Committee. I have been Seen./' r y of tlio Board continuously from June, 18G1. I had been Secretary at a former pedod. Jul : ^H lo h lobjected that he meeting of the eighth and ninth and tenth of February was illegal T let^ ers on the subject of the nature of the tenure of Dr. Leitch's office in the Collegcrw re reld to |Logie (aDefendanti, dated the sixth August, 1801. c/,1IhI " A'.") Mr. Paton (a Defendant) is m if m^. S I'sik. . - fcSfc^^.,^ : ' j.l jj .tg ' j- ' gy •.-'«- «»"JIJ-"lp iMIi li 27 Treasurer of the College. The College Fund was founded by donations Avhiol, l,nv> l invested. It receives an Annud Grant iron, the Colonial Co.mitie of ^ C^ure^ CtlalT and also from the rrovmcial Legislature. The Professor of Classi.^-il /-"" '" ''' '^''•^^J'*"''' salaj^ of One Thousand Five Hundred Dollars per annun.^ sL^ PWi^^^S IX^i^ Lecturer has been appointed, as appears by a xMinute of the third .,f Au.r„^t 18 •] '"',,." the Professorship of Classical Literature has existed since the oi>^nin, olth" CoH^t. '" Cro.'ssi-cxam'j -The Lifnauro ia tl,„ College. TUe Miuuto „l ll.o ". htl of Jm." JsM , '" "T"'"" °' *-''""'"' ILe appomtmeiil of Pkinliff to such office I ™ , i ,1 , ' ? ' "'° »»"«""»'"'» »' »of.y,„j,.c,,cf.,.„.i,e..e»,.uo.!;;-i.eLr::f::;:arji^^^^^^ further than may be implied in the remark athibutcd to Mr Paton TI^ ^ ' ' ■^^'- ^^ "'"' made against Plaintitf. other than I have menti n d rtembc' T Ndl" ^P-'^-^-f sta^ng that a gentleman in his neighbourhood had stated t Jl^t^uSn^^ ^Tl ' s^n^t College so long as Mr. Wen- was m it. This meeting of the ninth of February commeL^l s sittmgs at seven m the evening, and continued till tv>Uvo o'clock at ni ti, . , I • ., ninth ami tenth of F^ruaiy, was held by regular a.l,ourni::t ^"p:^ou '^ C' i^ ^ always been the practice to adjourn the usual regular meetings, and noti^.e is given to all the members of the time of such adjourned meetings, if the subject be of imporhince I he o be not a quorum ot hve at any meeting, an adjournment to a subsequent dav t'lko. nl .n Ti meeting of the thi.ty-iirst of May, 180., as per Minute of that date, Z!!:!:^ ^^ .^^^ mnth and tentli of lebruary, and he dismissal of Plaintiff. Tliis meeting of the tin • ii . of May, was upon the requisition ol three Trustees, and was advertised in tlfe Kin^.^Nr^ circular notices of it sent to members. It was also an adjourned meeting. 'tIio resol . n of the thniy-hrst of M.^^ was carried by fifteen votes to four. The resolutLn ..f the ten of February, 180i, was earned by thirteen votes to two. All the meetings of the lioard relating to Plamtift s appointment and dismissal, wore adjourned meetin-s of the Board 'l'Iu> ,., f t the twentietji of July, 185.. was a regularly iljourned uieeSg fol.^ g t.., 'r" Jj i;!;.: meeting on the fifteenth of October, 1851, at which there was no quorum TI „ V 7^^ eigth June. I85i at which Plaintiff's appointment was conhrm^l ^l hZe.ltn ^ :5li d meeting ot the hfteenth of October. 1«51. It has not been usual to obtain the i , " Uiree Irustees for calling a meeting of the Board. There were two meetings on he o October. 18(,3; the one a meeting specially called, the other the usual ordinarv meeting, u id was adjourned over as already stated during the recess of the special meetin.:. There'vis no quorum present at the adjournment. The chairman alone was present. Mr. AVeir was not nres ent at the meeting .^ the thirty-lir.t of May. 18.;4 nor had he !vny notice to be'releiit TW was a great deal ot discussion at this meeting in regard to Plaintiff'. He knew nothing of it that I am aware of. No specihc charges were made against him at this meeting. I hand in a letter T') an I ri ; ; h'" f '?,;""^ ^"^'"^"■'-'^ ' '"^^ ''• ' ^^"^^^ '" ^ '-^--^ l^^. cook, ,7.'.™ h^''^^ Hugh Allan, (i:f/.-6,-r' .V".) I also produce a letter from Dr. Cook, (i^x- - (Signed,) w. IIIELAND. ^ m'' CHARLE3 Peters, sworn : Tuesday, 27tb Peptember, 1864. I am a Scliool-Teacher iu Kingston, and received my education ;„ Kind's ^'olUnro Abor deen.andatthe Univovsity of Edinburgh. It i.s considered that tlic appointment ..f 'a Pro- fessor in the Scottish Universities is a permanent one-for life. I knew Plaiutifl" in Scotland first at Kings College, Aberdeen. Plaintiff was a prominent student there. Mv first personal acquaintance with him was in Banff, when ho was Eector of the Banff Academy' 18.51 -V.t this Institution, Students were prepared for College. There were four Masters in the Academy - Plamtiff was at the head of it. Plaintiff was first appointed to the Classical and Mathematical chairs, and after s.x months he was put at the head of the Academy. George Forbes was Town Clerk of Jianll in 18.J0. I look at a paper signed by him, {Exhibit "P.") I saw it in Banff in possession of Plaintiff', and I have since seen it here. Plaintiff c.mtinued in the Academy in Banff abou two years and a half, when, having been offered the Professorship of Classics in Queens College here, he left it. His reputation in Banff, as a Teacher and Master, was very high indeed. •' (Signed,; C. PETERS. Alexander Loqie, sworn I am one o the Defendants. I remember the meeting of the Tni.stees of the ninth and tenth of February last. I produced and read at that meeting, a written statement referred to by the other witnesses. I received it from Dr. Leitch. It was, I believe, in his handwriting. I gave It after reading It. to Mr. Morris, or Mr. Paton to return to Dr. Leitch. I had promised the latter to return it to him after reading it. I have no reason to doubt that he received it back - Me never afterwards called upon me for it. (Signed) A. LOGIE. John Paton, sworn as a Defendant : I was present at the meeting of the Trustees of the ninth and tenth of February last I saw the statement in writing referred to by the last witness, and read by him at the meeting in the possession of Dr. Leitch after the meeting. (Signed,) JOHN PATON. John Cook, sworn as a Defendant : I am a Doctor of Divinity, and a Graduate of the University of Glasgow, and have been an ordained Minister of the Church of Scotland for twenty-eight years. I took a prominent part m the establishment of Queen's College, and am one of the Trustees named in tlie Boyal Charter which I proceeded to England to obtain, and did obtain. The endowment of the College con- sisted of gifts and subscriptions, the largest of which were obtained in Quebec. They were pro- vided ahuost exclusively by members of the Church of Scotland. Annual collections arc made for bursaries in tlie College. A chair of Classical Literature was one of the first established in the College. Mr. Campbell, at present of the Univer.sity of Aberdeen, was the first Classical Master. He resigned his ofiice here for a place in the Church in Scotland. The vacancy I % oectir; CdllSU of till to foi' of Al tlloUJ,' Profo.' f(.i' th I wan I was h\y< till fi'ssor sc'cjuer iinniir tud. 1 resniiK been H laud, statcin S'.'i|iU'n quciit!^^ prefmr tho 13t discuss and te; think if ou a Ti Profess present Board I thiidc, dispute living ii views 11 Univcrs educatii life iutc in respe the Chu the con muted, 1 College. nation, 1 clainied allowed aries froi aiidTlirc of Dr. G( 29 occtUT-Ml i„ 1852. I was rcquo.tocl by tho TnxnU-rs to nmk.. ..n.,uin.s for a M,cc.ess,.r to l.in. I co,>s„ten.f..ss,,.. M..,.,..s, of tlu, U..ive..itv of JClinlnugh. Iho ha,l an i th u^ n LJ of lu. eai„u..tu.s of thoddiorcnt tcueluTH of tlu'eo counties, un.l no on. coul.l l.o l.-.tt-r , i S to fonn a j,ul«mcnt. Ho n.eon.nK.nd../.7,//' " I .as lnn..,pal o Qn^on s Colh..e during tho session of mi to IH.IS, an.l part of 1S;^S to Ls".. I was thus l.r.,ught into closo contact with tho I'laintiir. I consi.loro.l tha ho was .lischa.U .: us aut.os HhcH.ntly. F had no ddlloulty with hin.. A dillionlty arose botwoen riaintifl' .aV^ ossor (- K<', n. or previously to 1S5<.. Vv. CJoorgo had boon acting as I'rinoipal. and i -o . soquonco of this dithculty it was that I bocamo Principal in 1,S5<). J)r Ceori w s rniness, a,nl i-.^Hnod to ha;, his own way. Tho ditilciity botwoon hil^andl^n •«:;,: ted. Excepting tlus dilhculty, ovorything worked harmoniously in the CoHogo. ]) (' , resnnied IIS duties of fe.ssor of Divinity after tho difliculty botwoon him and Plaint ad been so tied and ove , .ung, so far as I know, went on well till after J-Laintifl-'s ivturn fro. Se t land, ^.hen Dr. Goorgo, m a letter to tho Poard, complained that Plaintill' was circulalin . statements i^iurious to lus cliamctor, and demanding an investigation. This was not had in f s...,p.enco of Dr. Goorgo resigning his position in tho College at tho end of tho session Subse cjue-ntly a series of charges gn.wiug out of the dilllcultios botwo.-u PlaintilF and Dr. O..or.o '^s preterrod against the Phunt.tl to the Board, by Mr. Paton. These charges were disposed of 1, ho Board at a meeting on the eighth of May, 18(i2. I was present IhcJeat. There was inch discussion. Dr. Le-itch «»--'led me as Principal. I was not present at tho meetingof tho i i and tenth ot lol.uary, 8(M. I had protested against the legality of tho meeting, as I di think It was called according to the terms of tlio Charter. I also objected to its being ass be on a Tuesday, when ^^ ed.io.sday ha.l been the usual day of meeting. I heard by telegram f o, Irofessor \\eir, on the Saturday previously, that he was to be brought lioforo the Board I '^ in-esentat the n.ooting o the tlnrty-Hrst of May, 18(54. I strongly objected to the action of io Bcnird III regard to the Phuntiir. My objections wore not answ,.;.]. 'Phero was no .liscution think, by those opposed to the PlaintilF. I think that very strong fe.dings were aroii 1 1. tTj dispute between Professor George and tho l^laintiir. I think it was impossible for a Trusted hymg m Kingston not to side with the one or the other. Mr. Morris, of Montreal ontertiinod views unfavourable to Dr. George. Mr. Paton took tho contrary view. The Prof^ss.u.s o tho I nivcrsity were considered as d.nng tho work of ministers of the Church, bv reason of their ecluca mg young men in divinity, and were allowed to commute as life members, or as having a hfe interest in the Clergy Beservo fund by reason of their position in tho Univer.sitv. The monev in respect of those comnuitod claims, was paid over to the Church of Hc-otland, in' Canada and he Church being under pledge to the individuals making those claims, and to tho College 'hi the commuted funds in trust for them and tho College. One o^ tlie Professors, who thus 'eom- muted, hanng since died, the sum for which ho commuted is now held for the benefit of the Co lego The PhuntitF was one of those who thus cmimuted. Dr. George has, since his es 7 nation, been held entitled during his life to tiie benefit of his commutaHon. The animal Z'l c aimed from this commutation fund, used to make up the salaries of tho Pro'essors. They we " allowed to commute as ministers doing the work of the Church, and as receiving part of their sal- d IW itou Tl P 1 '"""T ' "' ''^'^'""'"^ commutation was largo, betweol Two Th^; a^d and llueo Thousand Pounds, as he was a young man. I think, that subscjuent to the resignation of Dr. George, and till the Statutes aflecting the tenure of office of Professors were passedrthings ttjgaeasaai^**™-' ;)0 life of their cuunuututions, whid. aftcnvanls wc " ' t t i '^^X^ • 1 "" ^'"^ '"'"'l' '^'" opinion of I'luintifrus a »it a.al cupal.lo i.c..h.,u for Profess Z.' /'''"" "'V'"''^'"' "'^' l'rofc..s.s,>.shii. in ti... CulLgo in gucbec, of which 1 a n l" ipa t";; ''"■';•'*:. '"'".'"■ "^ of cf rx^^^^^^ l::t:^:^z\.^-^;:^ ;;!r 'irtr of (2ueon-.s Coll..,. was appointed 1,, the ve,solu!i!.u of tho Bo^ it ; 2'' "" ''■'"^' ''"' standing or provision as to their tern, of oihce. exeept in the 't- o ] ! j i "; ""T^- '"•""': upon an express agreement as to his term of olliee whiel, u " .J^'- J^^'tc'h, who msistecl was considered a life appointment. J^ "i^^'e elu^' d\h ri^7" '^"" ;'''";" V'""^"'^^' "^ '* do with an anon.mo.Js' letter addressed to tU SL^rl ^n^u Ir i^ "'^'''^ against him, Dr. George. He had no i.roof of this l,„t 1, 7 ' , '^ " "*'' ^•'""I'l^H't speaictohin.. Tiuintiir always prof;ss;::r;;^:!:^L^:^;i;';:;:^,^^^^^ -to , latter refused, and resigned ids ph.eo as Professor of DivinU T ds w s tl^ '"''';' ./".''? diiliculty oetwoon Plaintiff and Dr. George, and took plaee I Ihi, • 1 ""T.'- u "^ I finally reconciled at a meetij.g of the JJ.nud in 18.?) If 1.. 1 1 ^ . "• ^^ ''"« ^ seduced his Sister, and had by her a male child and that lu. l,..,i i • .• ^ , «\ ''' "'"'"g in ,S.,,ll„.„,, a„.l ,,, l,i» .i,J. U: i,r ,i,,lt I o o J "^ u"," Ta'T: 'L'","''""" «,,;. .i.,u w i„.„ cw » .,.,., .„,v,»,i l™ ,„ „„ui ,,.,, „„.„ .,i,Hc.;";.';r , ; : r'z tj ivrilc to liim to any tliut l.o coiila not m,.ct liii,, „,,„i„. Ti,;, i,„ ,i:,, " , ,„, T V, George w.^ to .now what those charges were. He r..^^i:L^ ::^\ri^Z be wtndd detend hunsell aga.iist theni, though he intended resignin-. at the end o f t Is Dr. George demanded that tl,e Board should investigate the nudS 'H ds tu: :^ dtv^^!: Board deehned unless a written statement of eomplaii.t was nu.de by son.e per .;n res, onsil lo font. A Connndee waded upon Dr. George, who stated Ids intention of reiigning .70"^ of the Sess.on. Ihe Doa:^ requested this in writing, which he gave, and then allot e lim o remam tdl he end of the Sessum when he resigned, and tho Board then held it unnec s " to proceetl wdh the investjgat.on. It was after Dr. George had been calle.l upon oHlciallv to me t the harges or resign that he demanded investigation. Plaintiff declined to put himsdf in the position ot a pro.secutor of he charges against Dr. George. This he did by letter. I e "ived a printed paper simdar to that now produced, (KMU "Jr, I don't know ilio sent it to me I advised the I himtdl not to write or si.eak on the subject. I believe Plaintiff was the writer of he remarks on Exhibi ''U. (Kr/uint " f.") The lirst of the charges .referred by Mr. Patt a the meeting on he eighth of May, 18G2, refers to the paper containing these ren.ui. Irece cd a pamph et similar to he one now produced, (^W.7.7 '• T.") A charge in relation to this pan. .h- et .as also preferred by Mr Paton at the meeting of the eighth of May, 18G2. Plaintiff appea cd at hat meeting to answer t.e charges made by Mr. Paton. There was some difficulty abou getting witnesses who could not be found. Mr. Creighton refused to answer certain questions a to ma ters he consKlei-ed contidential. The resolution <,f the eighth of Mav , 18o2, wa^s proper d bj me. I he I laintitf s commutation was liad with him as a Clergyman of the Church, not as a I'lnf,. th.' V iilHci' it uhi hl't'lJl,- ..f l)i^ til It'll lllfllll /. '• /V) tlif ell Illul 111 iiii iiiv tluii V NUlMltl' lltt'llllll the Cii JuilN ( I : .Icatli. ri'fcrrii It is ill iiiK III'; INC.I, a i'omliic iifl'laii with 1)1 tioii. J Dr. Lei Tli.. vii. tlisflissi CO'ullU't licard a to the 1 in Novo iug i)in* tlio Son Pliifcssi Tlicy ,v, passed ! awaie. and Die to these I receive M I'luf, I'usiir. It Wnnhl fdll.iw li till' t'liiirili, liut fur tli<' I mn a.s a( l..,K.v,n,u> uhil.. |,.. |i...., iufana.la. Tl.o Inn,! ,■ ,...|.l 1. '-'•.■n,.Ht..ftlH-("„ll,.tr,., aft.rtli.. lie,. i„t aKcil l)y tl... It.Hlp ImviiiK «liaip' ..f lli.. CImmvI nlHcc (if rrnfcH snis ii, the Scotch I'nivcrsifi I tl'll it wliidi prevails in Scotland, nnd f. Hi't'ni.H l)ut ojio opinion almut it. I is (1( lived from tin- ^cnciid 'ivstH HI it aiv oxtini't. It is nian- cnnrc of 'l'"nilitics. M_v kn()«l..d,r,. of the t of I)i\initv, wh t(i iVMiove It I'rof rum con, 'niH "itii those ac ■rk (1^1 nioii in rt>>,'aid t^ never kne\, ot an\ otiier, I'nl liiiiilited with the subject. Ther. 'la.v 1m. hud l.efnie the KecIesiiiMtind' ( III the ciise of a I'rofi h.foie tl '■ssor in Si'otland for olirl, it seemed to lie almost le recent Stiitllti nnycanse. T do ii,,t kiinu how it .■onld iinpi'ssilih h,i\i lieeii do/ii> //'-r..„,„n.r,l.~l look,.,l at a l.'tter of l'|; the ci and hefi IS iiiisiinderstood as ti m.'idi uiitiir of t! time lit which Dr. (i It' seventh of N, •vciidvr, iNfi?. ( /•.'.r/,i/,!l >;<' demanded an inve>,ti>,'iition of and here he m.d ..:;;:!.:;;;:::;,::::;;;:'';;;' 'T't tr -r^ '^-^^^ ;..:• i>.:;:;:z;r:. - investigation. I)r. i . t .! , " ' 'I ^'^''f '"»"; "V'- J'-"'- t'-t Ii- deman.h.d then caUeil u, to l.rim f ;^al I , " ' ■-'•'M<-t -lore the Hoard, and the Phiinti-- • ... -n.te, and Dr. (ieoi 'l ' ' .'"'l "'"•" ^ • ' "r"'^'" '''"'"''"'"^vinK .iedine.l to pro- • .s that the m ue d ' r ;;:i. \.r:'r. "; ':-t- '* -- "-^'" '•^- -- '>^ er Would the Committee to wait upon hit John Vi..\uh .'Mi iiuw. sworn : II. I'.v ins resi;,riiation, and Jnnv tie appointment iWi«ned.i JOlfN COOK. f am the Kxeciitor in Canada of the late Dr Leiicl It i i s . e amlwntin, of 1.. I eitch .vith the exception of a ^.rtion,' .Ii^ J h h:' dwnt ir:...Lr;;;;:;^r;:::,:::t::S' 7?"^ — luct expressed liv Drs. I.itch . ^n^ t/ ^d r ''p t "^ u^'"'"" "'"' '''"'"'"^"^ Thev .ore p«..od before bein^'nl^^i .it t m;;" 1^ "i'r' 'T^ '' ""'? ''^^ ^''^' l''''"^--- passed and s,d.niitt..d to the Trustee oL: no ti- „^ '""^^" :'" "' '■^l^!*'"" '^ ^hen. was aware. I do not remember anv Pn.,' Is " ex • e, llie P U i^ vT '''Z " ^" '" '" ' "" and Dickson, expreHsinf, dissati^^.etion w i. t^ .^ S Uut's lij "-""f ^^^-"". ^^ -iHian^son to these Statutes, was communicated to the I^rir 1 o IV toes b / « I '^""f *-' '" ''^''''^ I -eived noUiin, in answer from th. .oard t^I t.ilali:^::^;;;;;:.::;:^^^^^^^ «--'^- }lHl';'!J t 32 6 rO-i.<-i:iiijii!n<-il I wji At this tin,o Dr. Loiteh .as gouovallv co Hn to , 'i; "'7,'' ''"" " "^'^ "^ ^^■'^™--^. 1««^- nuttcl to the ]}oanl, I bdievct bec.mi l)r L i Jh C . V""<^-- Tins statomont was sul- belicf was, that .Plaintitf took ov.n- on,!, t.u, f H f T'^'^ " ^^'^^""""^ "' l-'-'"' -^^v tho Colk-o. On o„,. nr.P..,-,„. „. ..•„ llf ^"'!'.^? ".^. ^''^'^''f'ng Dr. L.it.h ^ .„attors rolatin-^ to till' ^tmk'iit.s, and a verv iiimrioiis ..rtWt mum H,,.;,. ,. ' i -^VV" ' "^'^ "i"'» lac suuiifs of .lo.u. hv tho students, ..insisting .^n a Iv ,^ ^ ' Tf-"^ "' "•"'^' ^'"'"^^'^ ^'-'^^ Several Tn.ste..s have sp,,,.,n;,;,;;:,'i ;^ '-'-'* '"'^^^^ upon the w. Ifare of Ihe Culleov. ' ^ ^'''"" ^^ ''"■ ^ '-""'Inet, and its elleet Auiv'';:;::;;;tdtII;;:s::;ti;:s^in;r '::,^;i;'^-';,^^- ^-'^'' -- ^r-ia. of disrespect- an.lnn that oe.asi,,,, l.lained tlu. IVincioal for , , T '■'f-'^'f '^^'■""«b- condemned them, i uiuipal loi then,, and also tonnd fan), with him in other thin-r,. iSiojuiij JOHN C. MriULVV. ;.*•/ -.l-.-, '"'*"■'" ■"""'»"'«l«m („„„,1 „,„„„„ Ur. Li.ild.-, |,a,.<.,..,, ,/;,! iSio-ned,l DrNc'AN MoiiiiisoN, sworn JOHN C. Ml'EKAY. 1 am one of tho Trusti'es of ( )ti,w.i,'^ r' ii i , IVhrnar,, IS. , I ,.,„.. t^J^^f ^ .,V ^■fji;;';;; .J -<; -^^^'''^^'^^ f ;o n.eetin, of the ninth the Colle-e. arisin- o„f ,.f P..,. »•„..,. .. ^^ ' "' " "« "^'^ *» consider the disturbances in .con,lnet. K.at was mv in.juvssion. as these distur- lege, arising out of Profess. -r ^^ bailees were of imblie notoriety. studJi/t ill ti: c:ii ge' 1 1 L' r ; I rrt " • '^ ^^'^"■. • ' '-' •-- ^'~'v a qnentlv sinee I Iiav^beeu Tru te v ^ a t n '^"^""l';'^'"-^!'"^^ "f the J^oard vorv fre- uc had not sulUeient power gra t^^d to ^ I^ cklH?/ ' ''' ''7' ''''■ ^^'^ ^^'^ ^'^'^ removal of Professor Weir, tlie PI lit ,r a t :' .^i""'"'' '•"'^^^'"'•'"'- ^ ^'^^^'^^ *'"^' ^1^" ' iiainuit, at the meetniir of the 9t i •nul lOfi. i.- i ui con-equence of hi.s con.luet to the Princinal I thon.ri.i Vt • i'cbruary, 18W, he should be removed. Trustees stated otl'i,. ° ^' ^V' "'^"'^"'^ "^ ^'^^' ^''^^'o''' tl'^t was the Piaintitrs pre.senee in t I k w of t^e',' ) i^ '"" "'j""""" '^' ^'^^ ^'"I'^'oe .n,uen,.o of Plaintikconneetion wi^h U S ^ ^th « T 7 Tl f T' ''" ''^"''^'^ '" '^-- thing. Mr. Spence, of Ottawa. Mr. M l-^ .^ r^l! Ar V ' "^ '^^^ ''"" '"""" ''"" «^'»^ stated. Another cause for mv ;.te a:., httt'l it ,r ' V n ""' " ^^^"'-'^■'"^' ^ ^'""^. -> .. superintendent of Cmm;.., Sehools. iwr^^^-^rt:^:- ^ ^^ ^^^ if! Wf' ti ^ ^mm sigu his place us Siiperiuteudeut, thoimh I remonRfr..f..,l ..ifi i • ■ • guilty <.f insubordination to the c'ollo.e L hm-U^s 1 1 u T "'"""'' '*• ^ -^"^^'--l 1'"" between D. George and the Plaiutitt^ T^ot^Ji^^f^'^vP-^r'T' 'r'^'^'^ '^'^''"^^ four of the Trustees eonimunicated with PI Jnt ff vUl / ■! \ '" ^^"^'' ^^''"' *'"'^"^' "^^^ it could be effected, and was very al i u o brin VZ^ "t1 ' "vr]^'' '^f-^''' ^''""^'''' exhibited, as I thought, ti^ough not in words vevv h". I r ^ ''""*'" "" *^"« •'^'^•'^^'"" have seen the pape,^, jr oth^. si.nii".;:;':.: 1,5 •:'•;; ;::;"i^: ^"^^'"''^^ ''-'--- ^-^^•"- ^ ben..f;;:t::i^''h:;;r:;;h'r,3r'? "^^ r-^^i thatnamtiff snomdbe caned tnt charge of his acting as Local .Superintendent of .Schools. (•Signed, DUNCAN MUKKLSON. Alexaxdek LociiE, re-called : as 1 look at A;// i\,itc.h -uid i« r f. ■ . .. , read by me at the meeting of the 9th and lOtlt Februar ^ . ' f/ ' '""""'"' evidence. About a week or ten days I think before fhl r'.^ '''*'"'''^ *" '" my former ceived the circular calling the meet b-' Tht w t e Hr " ^''' l 1 ''''"""■''' ''''' ^ '" meetingand its objects, before I reaehLd K i": on omlamntrnV^ I T^^""' °' '''"^ the meeting I met at Dr. Leitch's, Mr. Paton,°Mr. Mo." s Ld D." U ularr Uhink" ^I '^ '"' °' that occasion, informed by Dr. Leitch of some eiiY.nn,cf„, i .■ '■' Vl""''"' ^ "unk. I was, on ti^IthinkDr.M,thiesoiwasprei:;;wW,:;;::^r^^^ spoken of ; introduced, I think, by Dr. Leitch. The power of // 'I f . 'li«'"'««'il ^a^ was discussed. Dr. Leitch said he would b^ pre enT f nossii.l "t'' i" ^''"'''' ''' J'^"'^""'^' prepared, but if unable to do so he wouldX iM, « T^ ' """'^ ''''"^ "" statement he had view was, that there should be ^oi:^:^^ S^il J;^ M J tl^ t^ Si!'" 1 ^•^ 'f ^^'^ «uehastate, in consequence of his conduct th^it if wn, 1 i ,, °*' '"'^^ ^'"* ^"*" «pport„nily £,„. „ trial, if cluu™, wcMto C n ! , ""' ' "'i'' "■""''' ""' ''»™ ""''"'"l rc„.li H.0 Board, au^ witt .'.t ct i "fl w^uUn^tnl T!' "" 'v'""", "'"^"»°"' "'"''' ' J... tou, .0 to „o „„ e,.t,.,.t„,, -nif „:, i"Lr„"L::,::;;: t ::' 'r:s:z^:r-^ "- Plaintiff b„J accentod the offico rf ZoriL™!™ ', ? ' '" •",'•'«■■; '"'""l-JS" "' «"' '"^-t that .Le ,„o„,i„g or the 10th FolLa^., „„'t .^tlloaT, i ri^rpi.^.r;,:™ Z e^^'^ f'" A ^uat man^ of the Trustees, on the evening before, stated that thev knew ^ r w :U ( ,os.,-,..,v,.„„,,/.-.I was at tliu mectin- of tl>e «th May, l8.i± Sevoral uf tlie witursses n.fusea to ansNvor quost.om. ,,ut to tlicn at tlie meeting, AVo l.a.l no power to coiupel tl.en,. an.l tlr.« eoulcl not get at tl.c trntl,. and tl,e investigation was tl.erofore not eftVetual. P,inei„al Leiteh spoke strongly ni favour of Mr. Weir on this oeeasion. At tiie meeting of the Utli Febru- ary 18W allusion was niaclo t )k No, 1 U th." au^horiz-,1 I'.'ctrd of the proi-eedings of the Board of Trustees. a.ar its iaHa- ...aco. It gav.. ns.. t.. t^vo faotiuas ia tla. t'nllrgo, oae „f uln..h ka..n :. as I'laiatiirs was c-oastuatlv al.us.ug the Inaapal. Iho ivsohitiua agaiast Plaiatitf h-Kliag ollio. ,.f .SapniatMnlrat .if ^du.ols was .ascHloa tho Statutes of th,. O.lh.g., aa.l so .■.nsi.lviv I aiaa.lato.v, aad 1 .■,..- salrml th.. IMamtiU gmlty of coatuaau'.v ia .vtaiaiag :!„. pla.v. Manv ,.f ll„. l','of,..,.,rs t,.o| opposiag sah's la tlu> mattir of tlavsu ditlifultics. Cn...,..:. --;/.-l...- ;li^agr.r.:.nt l-.twca Plaiatill' aa.l IVoiV-s.or Smith was .,l,.,.,v..,! i.y a. sona attcv 1 jona.! th. u.stUulioa. Santh was .howm.! four ov ,iv. voars ago. This ,ii '„ , • astho hvstot « sm..s. u.h c:vat,.a th. irM: which hn.ught ahoat ihc .valval of tiu • . r . ; " ; .Lsp,..,..,! ol then. .y. a .as. he ,a tl'. futur. .oadu.t.,! hi.as.lf ia a vruurv a.aan.... ha .n las opuHua, h. I'lau.tUf ought t,. he .lisunss..!. I saw tla. <,piaio,r.>f Mr. Oaau.h.U . . thepow.vot he i;n:ste..s to ..aanv I'n.fesso,. pn.,. t<, th. aaetiag of the -.th F l.uan I).. i.oit.h !K.h.v. proeared that opiaioa. H. ..xpr.ssed a wish t,? hav. Mr. Caan,!..! i' <;i -;.K I d.oagh that Professor ^U■n■ slanUd hav. b..a disa.iss.a ia May, Is.o ; ,, , ' , thouglit S'.) up to t!i(' prt'xeiit tiiiit-. At he aa>.t,ag of the '.Ith February, Jadge Mallo.h urged that Plaiatilf shoald hav. a trial I c;msul.r.d tla.t .harg.s had b..a duly prov.d agaiast I'iaiatitV uad.r th. provisioas of ■,]... C.urt.n I wasuetua.d by tho I'laiatirs .oadu.t g.a.rally. I was j.artlv a.tiau uad.r tho n>li.r.nt pow.r wlu.h I .oas.d.r.d th. lSo,Md to poss,.>„ f, n a.ov. without .aus,., ^ i.Si''a.d, .]()H.\ I'Aln.N. •loiiN IJ, Mmwai; swura I h.n-. b.,.a a l'rof..sor ia (^u.n-s Collcg. .ia.. 1>.m. aad hav. b._va in th. habit of -.tt .ad a>g meotiags ot the S.aatas, aad hav. obs.rv.d th. .„adu.t of Plaiatiil' th.r,. to P,' 'i j L.it. . .1 tlumght his ton. .aad n.aaa.r to th. Pria.iiMl otiVasiv.. aad that it wa. iat.nfi,,.. Ih so. Ihisoc.urr.dia th. pr.s,.a.. ofoth.r Prof.v„,rs nu i..ui,\ ('ross-c.rumiiicd.—'nns aiaaa.i' of th. i'l .atiti' was . \ i 1 1 tho lmsia.ss of the Coll.^e. His laagaa,. was wara,. ba. il was pria.ipally his to, 1 in di-.ussioa> ia th. Scaatiu-. oa I. aad aiaa- iier that u.r. obj.ctioaabh.. Oa oa. o..asa.a, ia th. j.r.s.a.. of tla-" Pr'ia.h.al •, Pn.C ■'"■ coa.phun..d that th. Pria.ipal was ia tla- habit of .-adin, a. -ssagcs ': Phdrtm' l ..':;t: : r i Ps-^SMI lUMtiiig writti'ii oil tlu; Imi'k oitions of two letters wliidj he said he had received from Trnntecs on the subject of his dispute with Dr. Gem'ge. Ho said lie di.l not wish to inHuence the students one way or another in the matter, luit that ho wished to dear his own eluiraeter. It was after he had tlnished the lecture to his el i that this oceurreti. On this a meeting of the students of his class was held, and the suoj,>cl ot it discussed among them. Some taking one side, and .some anotht'i. Two parties were f.jrmed among the students of this class, one party suppinting Plain- tifV, till, other Dr. Clcorgo. Feeling, in conseipiencc of tliis, ran high among the students, who discussed the conduct of tlio Trustees, some speaking disrespectfully of them. On another occa- sion, PlaintitV again referred to his dispute with Dr. Creorge, when the students were present.— He morply alluded to the subject, saying that a petition in relation to it, sent to the Hemitns by the students, had n(jt been granted, and that he was sorry for it. At this meeting of students an address was adopted praying that Dr. Cicorge might not be continned as examiner. r h (Signed, ■TAMES B. FERGT'SOX. Duncan MonnisoN, the yonngcv, sworn : I was a student of Queen's College in the 8 Msion of Hill and "02, and in Professor Weii's elass. I remember the occurrence spoken of by the last witness. The Plaintitt" on tliat occasioii told the stndt.'iits that if Dr. (ieorgo took any part in the examination he would not. He said he only wished to clear his own (character, and not to injure Dr. George. A meeting of the students was held immediately after this, and again a couple of meetings, the result being that an address was adopted to the Scnatus, and sent to it. There was a good deal of discu.ssion aniou<' the students on the subject of the disputes between Plaintiff and Dr. George, In fact it wan the only subject talked of when the students assembled. . Plaintiff asked me one night to his liou,se. He and Mrs. Weir spoke to mo on the subject, one or other of them saying in the pres- ence of the other, that it was a disgrace that such an immoral man as Dr. ({eoVgo should 1),. a Professor of Morality. Cross-exaimneii—l remember a paper condoling with Dr. Geurg.- being carried i(,und for signature. I signed it. I think this was before Plaintill" mentioned the subject to his class. I also signed the (address to the Senatus against Dr. George, ))ut I afterw.nds withdrew my name from it. (Sierncd.i DUN. AlORRISOX. H. « 89 ./••ti-; I!. M III lA, HWlllll r w.H a Mu,|,.„t in ./. i k„..,v ,1... h.a.lin^ s„i' rUTs „( I'lainlitV amm.o. the shulcnt. I >vnul,l h..ar th,.,M s^uiak .n hu.mr ,.f Plain.ill'anl al..s. tho I'rindpal. Tl,.. inai-.ntv of st hmt e _u!lo.,., ,a..lu luiK Ih.. M..,li.al sf^il-nts among th..,n, .niglA hav. s„pp, ,,..,1 Plah S O d" S iitut,.-; airl nil, T Ihiiii's h ivr not ahvavs prod-u.. th.. sa„„. .u. vi.rlv. Th.. . •„ll,.,n is also ,l..p.n,l..„t on voluntarv .^^ tnliutious to sonic extent II , ., . ,. ""■-' ""■'^ vcir ttiil not niitn i.Sit,'ii..il.i ■T()f!\ I 'A TON. Hu',-Tio V.viTs, s'.vuin : !•• 1 -u tv ^ V ^ r' '";•""•■ " *^"""" ^ '''^""'^"- ' ^^-- '^^^ '^ '--'-- "^ the •hi i -J 7' ^T \ ■ ■::"' *'" ""^'"'^ ^'^'^"'^^"^ '*^ ^'^^•- ^^'''^'' i» '"-^ l"^t iHness from ;;"m 1 r ; „■ T l ''^;/"":" "-^-^-^-'^ '•^- -"tal anxiety. I think ho s^libved n.,ch tiom th.. .lilhe,,!ti..s with the riamtiiv. I l.avo I.een pvesent at ,ne.;tinos of tlio Senatiw wi...n 80 botli Plaintiff and Dr. Leitch were present. I think the disputes between Plaintiff and Dr Geoj^e had a d.stnrbmg iufluonco on the inind and conduct of\he students, or of s'nnc o lam At the time of the meet.ng of the 9th and lOth February last. Dr. Leitch was dan^erousb (Signed,) HOIIATIO YATES. The Plain riFF examined as a party : I have seen the pamphlet marked exhibit T, anc^ I have seen the manuscript of it I do not It I an heTtl!^ " fl^ """ ,' ''"' '"''' ''^'''''' ^'^ ^ ^^'"'^ -^"' ^^^ manuscript of Ci-ei.hton iW T vT 1 "TT^ '^'^""""^' '" ''■ ^ ^"""^^-^^^ "- manuscript to Mr. C eighton, punter. I did not circulate the printed copies. I had them printed to rebut the alse statements agains me, intending to show tliom. I met Dr. Leitch cordially in S ite up h> the tune of luy aisnussal I am not aware of having ever used disrespectful li^ua^o o t he Pnncipal. I did not take legal proceedings against Dr. George fo. the 'seduction o ty s'stt^ a I was informed it .-as too late. My sister went home to Hcotland in the fall of 18o4 ' iTn w he tenure of oflice ot Profe^soi. in Scotch Universities before I accepted office in Queen's Co Smei : at^r ' ' ""^'^""^ """^■' "=^^ '^""°^* "^ "^^ ^ ^'^ Drummond I (Signed,) GEOECE WEIR. John C. Muuuav, re-called for Plaintiff : 1 'm ) i I 1 i i m (J I produce letters from Mr. Morris, Defendant, to Dr. Leitch (ExhUnIs I ^r 2 ^^ ') M i V\ also letter from Mr. Paton to Dr. Leitch {EMbit o J/i, also another letter fromSlr' Morris',/-, hint b M), also a letter from Chief Justice McLean {Exhihil 7 M) also a letter fVon, 7 f ! V John Hamilton, (ExkUnt 8 .1/,) also memorandum in liandwritiug o S^l^<^^':^] 10 ./,) also a letter from Chief Justice McLean, and form of sumnions, (^'Sin .f , r^ v' also a letter from Mr. Morns to Dr. Leitch, with memorandum enclosed, ( E-chilnls 13 M,Z U .1/ ) (Signed,) JOHN C. MUllRAY. James Williamson, re-called fur Plaintiff: I produce the d..cuments (A>/.7.7,v L L cnuJ MM) referred to in the report of the Committee on the sub. ot ot the appropnatioM of the Comnuitation fand claimed by Colk-e. '^"^"""''^ (Signed,) IK liEliL'TTAL BY I'LAIXTIFF. JAMES WILLIAMSON. ClfsioX Kelly, sworn : I was a student of Q-icen-s College during the Session of 18aS-GL There was a lar^.c meeting of students on one occasion in the hall of the College, when an address to Plaintiff was adopted by a large majority of those present. There was much .lissatisfacti.m among the student on 1^:S:!:t:l^.'^r-j^-'}'-' ^^^^ --- --^^--^ ^^ ---ction with uJ: till after his removal from the College 10 Jf i' 40 in (signed,) C. ^y. KELLY. James W\xie, sworn : tt'uJing Collc" If IK Cnm-c.uamnc,I.~I luave lieard PJaiutiff find fault with Dr. Leiteh-s nets. (■^'Sr^^'^') JAMES WYLIE. Tht DOCUMENTS PRODUCED BY PLAINTIFF nnder order ,n- produetion :- I. ^ Ldkrfrom Dr. Cook to Puofessoi! Mexzie.s dated 25/A ./,7,/ 1853 Dear Sir,— •'' encase, eo,,/ j'™:;,;,:^,^!:;:, 3'Zt:;':;-;; ::;z:':,:;Hji"'"t;; :^""t^ „ , early in October. ^'" '"''^ '^■'"'^^''^^' '^'^'^^'^'^ «''""'^1 'j<-' i" tlie field I am hastening to the seaside, and iia-,-o onlv tinip fn f.of,.l, h, -i t t the blame of this trouble on me, but hoping y," wiU eusc^i^ ' '""' ^"" """^ ^'^^^ i aui, Ac, Yours trulv, JOHN COOK. II. . ^ Ldta-fnm Ar.r.AX Mknzies ^; P^„/„^^;; ,'« ,,/ 15 j j^-.j My Dear Sih,— •' 1 1 ■' ^ ' •■{ ■ m ■!IU- 41 I remain, &c., Mr. Weir, liector Grammar School, Banff. ALLAN MENZIES. III. Lrlt< r/rom PiiOFESsou Menzies to Plaintiff, da'cd 2'ind Aiuj., 1853. My Deau Sin,— It IS de.snablo that wlioever comes should be in the field early in October." feel a';^drto ^ITe milVl' '"♦!' ' T'f" \T 1^""' *'° ^^^'^^^'^ ^^' ^•°"'- °-" ^^-^ -^^ f-li"«- ^ vou other hand, should vou decli e if will bf 1^1 no T ^r'"'"^H''^'^ "^ '^""^' «"'"- ^" "- ters with as little delay as poSue ^ ^ ''"^' '" ^" ""^^"^^ ""'"'"^^ '" other ^luar- I remain, &c., Mr. AVeir, ic. (Sd.,) ALLAN MENZIES. IV. Lc'llcr from Pkofessor Menzies to Plaintiff, dated 10th Sept., 1853. DE.\n Sir, — I have this morning received your note of the 8th inst. My letter of S^nd nliimo conta.ned, as I mentioned, the whole pra-ticnlars given by Dr. Cook. Fo • ym r perfect tfr t|on, however, I now enclose his letter to n.e of 25th July last, with relative ene o"uv . iid ," he only commun.cation that I have received from D.- Cook. Altnough the in .nnat ion s vS'l ••'""'■ ";^l'''"^-"fi^l---" Dr. Cook, it is my impression that you ough to go uthout hearing again from him, there being, in fae^ no time to receive a reply from h^i before htirr 1 ': /";""" -^••^^ ""^^'^^ ^° ^-^ ^^ ^'-^-^'-' ^y 1<^"- announcing your acceptance havmg been despatched on the 25th ultimo. o .> "» acLLpmnce Dr C^k'nraddri'^"'^^^ Cth October, you ought to lose no time in writing to i^x. 1.00k (his address is Quebec), apimsing him of the fact. I Ak V" J .^r-*^ rrf 43 I I board lately that tber ly upon seeing you at .Munayli,..kl V(;urs, Ac, Air. Weir, Acndoniv, Eaiif?: (Sd.,) ALLAN MENZIES. V «■! ,vl,i,l. ,v„„M ,„„., „„ „ o , t c sTtl ? M ^-''-'SW »»" '»m Liverpool L „ ves- 8han-t we see you in Ivli,.b„rg], before you sail. Yours sincerely, (Sd.,) ALLAN MENZIES. VI. "nalZi;;::!^^^^ ^"----^'^ ^^^- McGili,seeonded by Hug. Allan. Es,uiro, and Extracted fron the n.inutes o\ th'teeliLg b" " " ^^"""""^'• /^-^«/ r/.u7o- of QvEEN's COT^OE. KI.XOSTO.V, c/«^«Z Ufk Oclolcr, 18.11. ViCTOniA, BV THE G.ACK OP «0D OF TH. UmtEO KiNGBOM OK Ghe VT Bi.XUv AVB Inr. n Defendeh up the Faith : ""-''^""' Q^^^'^' 7o «??/o H-Aowi //,fw Present'^ sl'ull ,;,r,r. r< . ,• '(•>t/((.') «/,(/« cotiic, O reel I lit/ . If 48 application Iiath boon mado tons 1)vTiif.Revd RonFnT Mrrirrr \r 1 * , ., r. II. Now knoiv Yr, that AV... Imving taken tlio proniiHes into our Il,.vil e.,,..!,! .....»i i , , wc.KlnnR tl.0 gn.at utility an.l in.portaneo of Lh an Inntitu In 'llvnT •■",''' '^"'^ certain knowledge, an.l meiv motion, granted const tZi ?. 1 of ,.,„■ specal grace, Presents for UsrOur Heirs and «u ^0^:^^; iC" n "onSr l^d^ "'' '7 ""^«° rKTEU COUX CLii^t^l^., lievd. J0„S C^StSS ;l^^ -d ^U '"^!''^'^' .Ton2i.MuiUT, ALExi;^a.:a I>,;,Noii. J,,^xJ^^ J'^iilO^'T, John Stekle, CLureh, and all an.l every otl.ev sueht!=fan" : 2^7^ '^T";'" "* *'- -'^ or times hereafter l,e Ministers of tie I'resbyte ian C „;XV^^1 ' "' ^ SrOx\, and them l.y the name of ■• QUEEN'S COLLEGE AT KlN(iSTO\ ' H^s'ami' t;;!!'' "" '""'T' '^r''^ '"'^ hereinafter mentioned, really and fnllv for Us 0„r Hu.s and .Sneeessors, nn.ke erect, create, ordain, constitute, establish, endirm and .lechu'e In- that the same ,K) not exceed ni yearly value, above all ehar-es the sumo i^r.dnimf r and also tlmt they and their Successor; shall have power to ^, tcZ^ L^^i ^^^ h^^ -J.'j), receue, p.-ssess and retain all or any Goods, Chattels, ^lonils, Stock , CI a , |" n^o W C.mtrd,ut.ons, Chfts, Benefactions or Eo,uests whatsoever: and to give, grant, in l sonal.notler they n.ay at any tune or times possess or be entitled to, as to them 'shall seen best for I he interest of the said College. IV. ./.,/ n V ,/,,/•..//,„• Will, Ordain and Grant, that the said College shall be deemed and taken to be an Un.versUy ; and that the Students in the said College shaU have liberty and Seuli,- of . tin tal for Or ror t'ln am of oft slia (cl'i AlK the tivt our iiiiii iiii of tl add fiiiir \nv\ M(;t> new wlio slial SyiK mail iiit'ii rotir yj^ ; 1 1 bor.s of til of M cupti iiisti' VI two : Aumi It t.vl..nK t H- .logrocs o I ach, lor. Mast.-r u„,l Doctor iu tho several A.t.s h.uI f.eultioH at the an. po.ntod tnncs ; a.ul shall have liberty within tlunnsolvo.s of p.-rfonninK all S. ZsH • I utiX for conferrn.g such ......0.. iu such muuner as sh.ll be .liroctoa by tho Stat.U • I . 1, d Ordinances of tho said College. '^i.iujus, iwu s ana V. ^ImZ ire do/Hrthe,' W,ll, Ordain and appoint that no religious tost ,„• .,ualili..ation .hall be CoUogo; or of or for persons adiiitterl to any Df.'ree in anv Arf ,,.• I.', , u .1 yr. Jm//b. //„ MUr c^-ernllon of the purposes aforesaid, and for the n.ore r.-ular (iov.rnn.ent Shall t, e^el ha^e Iwenty-seven hnste.s.of wlunn Twelve shall he .Minist, ,sof the s.id Presbv And (hat the sa.d sesend persons hereinbefore nan.ed and the l',in..ipal of the said Colk-e or he uuo being shall be the iirst and present Trustees of the said Corporation a..d la n^ne VII J,nlirr/u>nn- jnil that the said Trustees, of the said Corporation her.Mnbeforc i.artimlarlv Kuned, shall eonhnue „. and hol.l the otliee of Trustees until the several days and in the nninneV H.re.nafter n.ent.om.d, that is to say. three Ministers and four Lavn.en whose names d lowest ,n these our Letters Patent, shall retire fn,n. the said Jioard of Trustees on the first of he A,,,,a Meet.ng nf the said Synod in the year ISKI, and their room be suppin.! by e addition of seven new Members ,n manner hereinafter m.nti.ned. Three oth.H- Minist.Ts" and four other Laymen whose names stand next to those in lluse our Letters Patent, who shall have povunisly retired shall retire from tin, said Hoard of Traste..s on the iirst day of the Anuu 1 Meeting of tho said Synod m the year LS M. and their room be snppli..d by the addition of s.! ' en new members m manner hereinafter mentioned. Three other Ministers and four other Lavmen whose names stand next to those in these our Letters Patent who shall liave ..reviorsly retired shall irtire from tho said Poard of Trustees ,m the first day of the An , .1 Meetin- of^l,,. said Synod in the y.-ar iHbl, a,i,l th.ir room be supplied 1 y the addition ,1 seven new^M.^nberV in mann.r Jieremaiter mentioned ; and the two remaining Ministers and the three ivn.ainiie' Lav men whose names stand uext to those in these our Letters Patent, who shall have ..revioush retired, shall retire from the said Poard of Trustees on the first day of the Annnal M.vtin.r of he sanl Synod m the year LSili, and their room be supplied by the addition of fiy. new Me,,' bers m nmnner hereinafter mentioned. And on the first day of each sneeeeding Annual M-etin-^ o the .saul Synod thr.M. munst..rs and four Laynnwi whose names stand low,>st in the futur,. roll ot Aluusters and Laymeu composing the said Poard of Trustees, .shall retire from the same ex ceptn.g in every fourth year, when two Ministers only, instead of three, ami three Lavmen only msti'ad of lour, shall so retire. ' . ' VIII And tho nowxMombors of the Poard to be appointed from time to time in .succession to tho.se who retire, s .all be a,.r-,-inted in manner following, that is to say : The three Ministers or two M,nister.s, as the case may '-., ..hall be chosen by the said Svnod on tlu^ first d.ay of every Annual Meeting of tho same, in such manner as shall seem best to the said Synod; and the fouV r I* , JP^^ IMAGE EVALUATION TEST TARGET (MT-3) y y. "^ i/x '^ ^ 1.0 I.I |3 2.5 12.2 1.25 111= 1-4 II 1.6 v] <^ /a /. o^/ c^ c^. ^.f^ >P m 4i 4^V^? r o / Photographic Corporation 23 WEST MAIN STREET WEBSTER. N.y. 145S0 (716) 872-4503 ^ i? ^ IV > I . Laymen or thvoo Laymen, as the case may be, shall be chosen also on tli(> first tlay of every An- nual Jleeting of the said Synod, by the Lay Trustees remaining after the others shall have re- tired ; and shall be so chosen from a list of persons made uji in the following manner, that is to say : each Congregation admitted on the Eoll of the said Synod, and in regular coniu'xion there- with, shall, at a meeting to bo specially called from the Pnlpit for that purpose in every third year, nominate one fit and discreet person, being a Member in full connnuniou with tlie said Church, as eligibh; to fill the oflice of Trustee of the said Ci)lleg(! : and th(v ]>ers()ns names so nominated being duly intimated by the several Congregations to the Secretary of the I'oard of Trustees in such form as the said Board may direct, shall be (>nrolled by the said J^oard, and constitute the list from Avhich Lay Trustees sliall be chosen to fill the vacancies occurring ut the Board during each year. AtuI the names of Meediers thus added to the Board of Trustees, shall be placed from time to time at the top of the roll of the Board, the names of Mie Jlinisters chosen as new Trustees being first placed there in such order as the said Synod shall direct. And the names of the Layjnen chosen as new Trustees being ]ilaced in such order as their I'Icetor.s shall direct, immediateiv after the names of the said Jlinisters. I ? m IX. Provtihd (tJicin/s that the retiring Trustees may be re-elected as heretofore ]irovided, if the Synod and remaining Lay Trustees respectively see fit to do so. X. And I'ruvifhd uhcaiji^, that in case no eUctiuii of new Trustees shall be made on the said first day of the Annual Meeting of the said Synced, then and in such case the said retiring Mem- bers shall remain in Olliee until their successors are appointed at some subseijuent perioil. XI. And Provided (duviis that every Trustee, whether ^Minister or Laynuin, before eniering on his duties as a Member of the said B(jard, shall have solemnly declared his belief of the Doc- trines of the Westminster Confession of Faith, and his adherence to the Standards of the said Church in Government, Discipline and Worship ; and subscribed .such a formula to this eflect as may be prescribed by the said Synod ; and that such Declaration and Subscription shall in every case be recorded in the Books of the said Board. XII. And Wv further Will i\ia,i t' said Trustees --md their Successors shall forever liave full power and authority to elect and appoint for the said (Jollege a 1' incipal, who shall be a Minis- ter of the Church of Scotland, or of the Presbj-terian Church of Canada in connexion with the Church of Scotland ; and such Professor or Professors, Jl^aster or Masters, Tutor or Tutors, and such other Oflicer or Ofiicers as to the said Trustees shall seem meet ; save and except only, that the first Principal of the said College, who is also to be Professor of J^ivinity, and likewise the first Professor of Morals in the said College, shall bo nominated by the Committee of the Gene- rid Assembly of the Church of Scotland. ^ XIII. Provided always that such person or persons as may be appointed to the Ofiice of Principal or to any Professorship or other Office in the Theological de[virtnient in the said College shall, before discharging any of the duties, or receiving any of the emoluments of such Oflice or Pro- fessorship, solemnly declare his belief of the doctrines of the Westminster Confession of Faith, and his adherence to the standards of the Church of Scotland, in government, di.sciplino and worship, and subscribe such a fornuda to this eflect as may be i>rescribed by the Synod of the Presbyterian Church of Canada, in connection with tie Church of Scotland, and that such declaration and subscription be recorded in the Books of the Board of Trustees : ^. m XIV. And viHeH ahvays, that sucli shall be appointed to Professorships, not in 4 persons : tlio Theological Department in the said C()lh\70, sliall before discharging any of the dutius, or ueeiving any of the emoluments of sueh Prof ssorsliips, siihseribe such a fornnda, deehirativo of their belief of tlie doetrines of the aforesaid Confession of Faith as the Synod nmy pn^scribc. XV. ^Ind H'r/afl/irr Will, that if any complaint resiteeting the conduct of the Principal, or any ^ Professor, Master, Tutor, or other Officer of the said College, be at any time made to the Board of Trustees, tliey may institute an eiupiiry, and in tlie event of any impropriety of conduct being (Inly proved, they sliall admonish, reprove, suspend, or remove the person oll'euding, as to them ^5 nmy seem good — XVI. Provided always, tliat the grounds of such admonition, reproof, suspension or removal bo recorded at length in the Books of tJie said Board. XVII. A)i(l U'e/nrt/irr Will, that the said Tiustees and their successors shall have full power and authority to erect an Editice or Edifices for the use of tlie said College — XVIII. Provided always, that sucli Edifice or Edifices shall not be more than three miles diri .. it from St. Andrew's Cliurch in the Town of Kingston in the Province of Upper Canada. XIX. And ll'c/urHii-r Will, tliat the said Trustees and their Successors shall have power and authority to frame and make Statutes, llules and Ordinances touching and concerning the good government of the said College, the performance of Divine Service therein, the Studies, Lec- tures, Exercises, and all matters regarding the same ; the number, residence and duties of the Professors thereof, the management of the revenues and property of the said College, the Salaries, Stipends provision and emoluments of and for the Professors, Officers and Servants thereof, the the number and duties of such Officers and Servants, and also touching and concerning any other matter or thing which to them shall seem necessary for the well being and advancement of the said College, and also from time to time by any new Statutes, rules or ordinances to revoke, renew, augment or alter, all, every, or any of the said Statutes, rules and ordinances as lo them shall seem meet and expedient : XX. Provided alwa\ s, that the said Statutes, rules and ordinauces, or any of them, shall not be repugnant to these presents, or to the Laws and Statutes of the said Province. XXI. Provided also, that the said Statutes, rules and ordinances, in so far as they regard tho performance of Divin- Service in tlie said College, tho duties of the Professors in tlie Tlieologi- cal Department thereof, and the Studies and exercises of the Students of Divinity therein, shall be subject to the inspection of the said Synod of the Presbyterian Church, and shall be forth- with transmitted to the Clerk of the said Synod, and be by him laid before the same at their next Meeting for their approval ; and until such approval duly authenticated Ijy tiie signatures of the Moderator and Clerk of the said Synod is obtained, the same shall not be in force. XXII. Ahd Wc further Will, that so soon as there shall be aPrmcipal and one Professor in the said College, the Board of Trustees shall have authority to constitute under their Seal the said Principal and Professor, together with three members of the Board of Trustees, a Court to be called " The College Senate,"' for the exercise of Academical superintendence and disciidine over the Students, and ail other persons resident within the same, and with such powers for maintaining order and enforcing obedience to the Statutes, Rules and Ordinances of the said College, as to the said Board may seem meet and necessary :— 4!t XXIII. Providfid always, that so sood as ';hree additional Professors shall he employed in the ^aid ColIeKc no Trustoo shall be a Member of the said Collo«e Senate, but that such Prind,.al and all the Professors of the said College shall forever constitute the College Henate, with the powers ]ust mentioned. XXIV. And U'r/urlher Will, that whenever there shall bo a Prineipul and f.nir Professors cm- ployed m the said College, the College h'enate shall have power anr. jra and by tlieso presontH for Us, our Heirs an.l Snccssors, .1., lirant and declaro that thcso our Lotlers Pat,-„t, „r tl.o onrolnu.nt or exemplification thereof sha 1 an ma 1 o good, hnn an.l vah. . sufficient and ettectual in the Law, according to the true int t t" i « sens for ho best advantage of our said College, as w..ll in our Courts of Kecor.l as el e hero and b^. an and singular Judges. Justices. OlHecrs, Ministers, and others, subject whatever ol Us. our Heirs and Successors, any unrecital. non-recital, omission, in.perfc.tion, defecTmat or cause, or anything whatsoever, to the contrary thereof iu any wise uotlithstanding ' self, at our Palace at A\ estmmster, this Sixteentli day of October, in tlioFiftli year of o^r Reigi. By Writ of Privy Seal— EDMUNDS. VIII Exfra^ls/rom the Statutes, Ra',, a,il Ordinta-:^ nf Q.cas Ualv.rsity and Collrje. r n E A M B I, E. Trusr^rtLslS'^f /'" '^"T"'^' I' "^"^^"^'^ ''''''^'''' ^^•""■^*"»-" -'powers the irust. s of the s.ud College to frame an.l make Statutes, Rules and Onlinunees, touchiiU an.l con- cornm, he good governmeiTt of tlio said College ; the performance of Divine S u-vice re v n 1 e shubes, h.ch:ros aiKl exerc.es and all matters regarding the same; the numl>er, re^h "'and C> lei t, r T ''T''^'' ^'" --''^^""-"t of the revenues and property of the S S ' H "t"T' ^^^T^"' ^''T'"""^ "^'^ omolum.mts of and for tlie {..ofe sons, oflicers a servants thereof; the number and duties of such officers and servants ; and also touehin.^ a concerning any o her matter or thing which to them shall seem necessar; for the w bbe ?. advaucement of the said College ; . > n .» ui„ .uiu And whereas, it is necessary and expedient to make such Statutes, Rules and ordinances ; Tlierefore, at a meeting of the Trustees of the s ud College, duly convened and holden, held at Kingston, on he 26th day of January, 18G;], whereat there were present the Hon. John Hamil- ton, Chairm ui ; the Rev. Principal Leltch, (h. Rev. Dr. AVillian.son.the Rev. Dr. Urquharf th,- Rev Duncan Morrison, Alexander McLean, Hugh Allan, Alexander Morris, M. P. P.; John Patoii and Andrew Drummond, Esquires, the said Trustees, by virtue of the power and authority as aforesaid .vested in them, do enact, frame and make the following Statutes, Rules and Ordinances for the good government of the said College : BO.\IiD OF TliU.STEES. 10. All Officers shall be appointed, shall have their duties prescribed by, and shall hold office only during the pleasure of the Trustees, except in eases where a special agreement may % bftvo I from t 1-. th(! C( i; • bo r(!(i It) bavo boon or may bo mftdo ; ami shall bo outitlod to such galarios or cmohuufiitH ii» may bo from time to timo »igroed ou. thi l-Ji. Tho TruHtei < shall havo tho oxchisivo jjowor of e\orcising diaciplino ->• or tin; „(\k'L-rn of i- Collt'uo. l:{. WhfTo a complaint is mado rospoetins tlip conduct of any ofTicor, Mh> complainant Hhall bo rocpiirod to act as prost'cutor, and, in tho event of any inipn.pii.'tv brin^' .lulv vnnvA tho groimlsof th) Kjutjuj) shUlb) rjcjjnbl at ion^'lh in t!i ) b , .k^ of th.,- Board „f Tnistcs. Where tho Board has resolved to institute an on(piiry, a sumni ous in tho foHowing form nhall bo Hcrvod on tho accused : — To A. 13 of Arc.,) in Queen's Collego at Kinyston : in tho City of Kin,','ston, (Principal, Professor, or Janitor, tho Wiieroas a complaint hath been duly entered in writing; nf^'ainst you, us !■ ich olllcer, Ijoforo t Board of Trustees of tlio said Colle;,'e, of which a true copy is lierJunto annexed ; and, where „. the said board hath resolved that the mi, tter contained in tiio said complaint sliall be furtlicr inquired into and adjudicated upon, you are, tiierefore, the Secretary of tho said Board at the said College, \\' your answer to the matters in tho said complaint conta rciiuired to bo and .\ppear in your projicr person botoro at tho samo College on , tho ■ , defcnco in tho said matter of complaint. In witness whereof, tho soal of the said Collogo is hereto aln.v (Signea), ren-" ■ 'd to lilc, in tho oflice of ■•s after the service liereof, are hereby notified and V, at a ni(!eting to be hidd - next, in order to vour Chairman Board of Tnistccs. (Signed), Secretary Board of Trustees. 14. Tho Trustees may, on their own motion, and without any complaint being made, deal with tlio Principal, Professors, Janitor, or any other officer, when they sec cause. In such' case it shall not bo necessary tliat tho grounds of censure, suspension or removal be recorded— the recording of tho grounds being warranted only in iho case of a judicial process in which a com- plainant acts as prosecutor. An officer on being removed shall bo entitled to claim salary only up to tho date of removal. decis^ 15. Tho Board of Trustees shall bo a .Court of Review and Appeal with respect to the i&Ion of tho College Senate, the Sonatus, and all other College Boards. 7iiE rRINXIPAL. 21. He shall have the ordinary superintendence of the [internal affairs of the College, under such regulations as the Board of Trustees may prescribe. .,J„^ I ^'4^,^ f'O 22. Ho Hlmll, fts chief oxc.utivo ofBcor, moo that tho Iuwh „f tl.o Cull..«o arc cvrri-.l „ut aiul obHorvcl 1,,. o.h.vrs an.l h.«.1..,Us. urul ho nhall o.nph.y Huch .liserotionar, n.oaHurcH a .".u bo to enfor t.;o huvj. or ox-tcho .lisupliM.. tho oano .hull l.o lai.l h.fu.v tlu- JK.an f T U os who„ ,..,,a,n. to tho o.lh.o.. cf the CoU.go I ,.,.,ro tho CoUo,,. Sonato .hou rolutinK to Iho 2:(. H,, shall from ti.:.o to ti,„„ i„spoot tho CIuhmoh, Muhou.u, Lihrurv. Mi:u,f,. Tiookn M.vtri enlutjoa hooks uud ( ush lloli Hooks, un.l off.. M.d. suKKosti,.,.,. to tl... 'o m-.-.s as hr.nnv ,. 21. H.. Hhull. ox-ortlei.», i.rosido at tho Collogo Honato. a,u| in tl... s,.voral faculty boanls .o,.f;i/t S ^::i;t^l "' '" ^^'^""^^^''-^ ^'^ •'••«--■ -"' -•^ ^'-^t an o^a,. . . .io„ , .porH arc 2(1. Ho .hall si^uall aii.loiaa. hr Dogroos. CortifioatoH of Jlonors award....! by tho CoIIoro whc-thor tho rofiuiromouts r.f tho Vmv rsity havo boen o.,ini,li,Ml with. moa. gboholdiu h.sabsoncc, tho dun.siou .,f tho mooting shall not bo vali.l till tho MimU-.'s Jiavf. U'coived Ins signatiiro or approval. rnoPKs.soim. 31 They .shall perform tho duties of their office „n dor such regulations as the Poard of Trusoos m.^- fromhmo to time prescribe, and shall not engage tn anvvocati. .hS the Trustees shall deem inconsistent with their office. ' IX. H V .rtV f •^'■*^"/-DR. DICK.SGN, /;«<« 0/ thc Facully, In the Chuir ; Vmvv.Jm H. lATEs, Fowler, Litchfield, Lavell, Kennedy, a id O. YMvm. Dob-rinn?^^'""* "*' *^° "'"^ ^'''*"*''' ^^"'"'' "°'^ ^^'^dinances was taken up, and tho following Do neranco was unanimously anivod at, a copy of which Deliverance tho Dean was irstru^ted ^"i^^:: iii:^::^-' '-'' ^ -^-^ ^^- ^^ ^^-'^^ --^- ^^« -ontion orjh^ MEMORANDUM. The »i»mb^,-8 of Iho Medical Faculty rogrel llml the Board ot Trustee, should have p.sse.l I ^ Kule 77 of said Statutes is antagonistic to certain resolutions passed by the Board of Trnstees, both previous ana .subsequent to the establishment of the Medical School and with an evident nnsuuder.stnndin- of the purpose for which the Govornmont grp.nt was first obtained and the manner in which it is from year to year placed in the " Provincial Estimates." There is not now, nor ever v.-as, any sum granted by the Government to the Trv.'^tee.'^ for the Medical Faculty. The grant was givon to tho medicol men of Kingston to assist them in estab- lishing a " School of Medicine at Kingston," and to the said School of xMedic'-ne at Kingston the grant continues, from year to year, to be voted. When tho Medical Faculty was first formed, the Trustees undertook to furnish the Profe.ssors with suitable rooms in which to conduct their lectures, and to supply them with apparatus to illus- trate their respective branches, and agreed that " tho emoluments of tho ProfoFsors should be de- rived from the fees of the Students, and any funds which might hereafter be obtained for the special endowment of a School of Modicine." In proof of which the Medical Faculty begs leave to call the attention of tho Board of Trustees to the proceedings of their Board held on August 2nd, 185i, and another meeting held on 3rd October of tho same year, also to the rroceedhigs at a meeting of the Board held 20th June, 1355. At this last named meeting the powers to bo exercised by the Medical Faculty are defined, and the sources whence thev are to derive their emoluments distinctly stated in the following words, viz :— " That no portion of the funds of the University bo devoted to tho support of the Medical Faculty, but the Professors shall derive their emoluments from their fees, and such other sources as may by the liberality of the Government or of individuals be .specially devoted to that purpose." The Medical Faculty also begs leave to assure the Board of Trustees that if one of its members made any arrangements with the Board relative to tho partitioning of the Government grant, and allotting it to special purposes, such a proposition was never submitte 1 to he Medi- cal Faculty, and cousequontly could never have received its sanction. The members of the Medical Faculty further desire to assure the Trustees, that whilst in all matters in which the Senate has jurisdiction, the Medical Professors have a vote, yet they have always abstained from exercising that prerogative, and have not even obtruded their opinions at any time on matters relating to the Facultit>s of Theologv and Arts. However when the Senate is viewed as a whole, the members of the Medical Faculty feel that their duties are as clearly denned and as conscientiously discharged as those of the other Faculties of which the Senate is composed, whilst, it must be conceded, their responsibilities are far greater ; conse- uently the Medical Faculty is as jealous of the interests, and would desire to protect the h quent honor of tiio Senate as unsullied, as any of the other Faculties, and would therefore submit that it would bo most prejudicial to the interests of the University, and unjust to the Medical Students, to restrict the meetings of tho Senate to tho time specified in the ()9tli Clause of the Statutes] as past experience has proven that it is impossible, during the College Session, to make provi- sions for the many contingencies that always arise during the recess. In reference to the 27tli Clause of the Statutes, the xMedical Faculty fools that a great insult is offered to tho understanding and judgment of the entire Senate, although they fool at the same time assured that it has been done uuwittiuglv. However, there it stands recorded that 13 !|:' n 52 the members of the Senate, some of whom have been long connected with Queen's College, and many of whom have made sacridces to advance its best interests, and to whom, as a whole, the College is mainly indebted for its success, are now told that they are no longor to be entrusted with the powers conferred upon them by the Charter, but that henceforth, in judgment an.l understanding, one member is to outweigh the twelve others of whom the Senate is composed. The Medical Faculty would therefore submit, that the Senate should meet whenever there 13 any legitimate business to transact, and that all their proceedings should be valid when si-ned by the Chairman for the time being, whoever he may be " The Medical Faculty looks on the 15th Clause as very objectionable, as it would lower the character and status of the Senate in the eyes of the Students, and they wouM respectfuUy submit that the Board of Trustees would not be a competent Court to review the decisions of the Medical Facidty, and consequently the results in such cases would not tend to promote the harmony that should subsist between the Trustees and the various Faculties. The Medical Faculty refrains from offering any further opinion on the other objectionable pomts of the Statutes, as they have already concurred in what has been put on record in the ProcL :dings of the Senate. It was unanimously agreed, on motion of Dr. LiTcnFiELD, seconded bv Dr Lvveti th'it Drs. picKSON, Yates, anl Fowleu be a Committee to c.mfer with any Committee nominated by the Trustees respectmg the Statutes, Rules, and Ordinances for the government of the Medical Faculty of Queen's College. The above extract was duly communicated by the Dean of the Faculty to the Secretary of the Board of Trustees, but no reply has been received. In consequence of which, at a meeting of the Medical Fucultv, held 25th August, 1803- present Dr. Dicksox, Dean of the Faculty, in the Chair ; Professor; Litchfield, Fowu-a, L.w- S0N,and0.lATES-it was resolved. That the Faculty desires to bring under the notice of the Board of Irusteos the Resolutions passed by the Faculty on 21st March, 1803, requesting a conference on the subject of the Statutes, and that said Resolutions be herewith minivd for the consideration of the Board. Queen's College, Kingston, Scpkmbci; 18G3. MEETING OF PROFESSORS. Senate Room, Queen's College, Kingston, 3rd ScptemJm; 1863. A meeting of the resident Professors of Queen's College was held in the Senate Room on 3rr(>pare and submit for the approval of the Trustees a Code of Laws for the gov(;rnment of the College.'' Again, at a meeting of the Senate held on the Gth September, 1802, the draft of By-Laws and Regulations for the government of the College was revised and corrected, and afterwards the Senate unanimously agreed to instruct the Secre ary to transmit a copy tliereof to the Board of Trustees. This draft was laid before tlie Trustees on 8th September, 1802, and referred " for examination and report " to a Committee of their number— Rev. Drs. Leitcii and Wiij,iamson, Mr. DuuMMOND, and Mr. P.a.ton. After the return of Dr. Leitch from Scotland in November, 1802, the Committee met. Two mendjers of this Committee— Dr. Leitch and Mr. Paton- had likewise been members of the first appointed Committee of 11th December, 1801 ; and although that first appointed Committee had never met for the purposes of their appointment, and Dr. Machau, one of its most important mendjcrs, was now on his deathbed, they (Dr. Leitch and Mr. Paton) refused to obey the instructions of the Board " to examine .and report " upon the draft of the Statutes carefully drawn up by the Senate at the request of the Trustees, and insisted on themselves preparing a draft of laws, as if the original Committej were still complete, and had not already been virtually discharged by a subseciuent appoiatment of the Board. In order to promote harmonious action, and prevent any unpleasantness, and in the full expectaticm that sufficient time would be given for the examination and consideration of both bv the Board, it was agreed in Committee that tico drafts of Statutes-one by the remaining two members of the Committee above referred to, and that drawn up by the Senate— should bo submi-^ted to the Trustees, with the recommendation that both should be printed, in order that the Board at its general mo::ting might select from either as it saw fit. This was reported to the Trustees on 21st January, 1863. But in consequence of certain members of that Committee not fulfilling the agreement and recommendation of their own report, the local Board agreed to p-rint only the draft of Statutes prepared, without the slightest communication with the Senate, by Dr. Leitch and Mr. Paton, while the one wl-.ieh had been drawn up by tl ) Senate at the rwiuest of the Trustees themselves, and concurred in by the several Faculties, was never even read before the Board. This meeting of the local Board was held on \Vednesday, the 21st January, 1803, and the notices calling the general meeting for the foHowing Monday, 20th January, could not have left earlier than Thursday, so that it was impossible for the more distant Trustees to be at the meeting, to say nothing of the inconvenience of the dwy— Monday. Only some of the Trustees, and those not the more distant, were telegraphed to. In short, all the Trustees were iwt notified in the same manner of the general meeting ; the printed draft was not sent down to them that 54 thoy might calmly by tLomselves consider the proposed Statutes, the proofs having been receiv- ed from the printer only on thu very afternoon of the diy of meeting, at which lOi) Statutes were hurriedly, and almost without consideration, passed. As several of these Statutes are, in our opinion, injurious to the interests of the College, contrary to the lloyal Cliarter, and to the con- ditions, expressed or implied, under which we accepted office, %ve trust you will impartially re- view the wliole circumstances, and take into your favourable consideration tiie statements of tho Senate herewith appended. Wo beg leave also to remark that besides the Statutes referred to in tlie statements of tho Senate, there are several others, as for example, that relating to change of tlie iiame of tho University, and § 1U7, which we believe to be contrary to tlie last clauses of S^ 2 and ID of tho Charter, and oV)jcctionable in themselves, and to which we beg leave to draw the attention of tho Trustees. After the Statutes were passed, the Senate met on 1st February, 18(5:}, and appointed a Committee, consisting of llev. Drs. Leitch and Williamson, Dr. Dickson and Dr. Lawson, to consider the Statutes, and draw up a statement for submission to tho Trustees, said statement to be brought before the Senate ou '21th February, 18(53. Principal Llitcii, li(jwever, called, at an hour's notice, a meeting of " Senatus," to be held early on that very day, at which was brought forward a moticm by Prof. MinitAV, approving generally of the Statutes, which motion was seconded by Prof. Mowat, and although no one except the mover and seconder voted for it, it was declared carried by the Principal, who, on the same afternoon, stated to the Senate tliat tho "Senatus" had unanlmoufihi appi'oved of the Statutes. The Extracts from Minutes of the Senate, herewith printed, and to which the attention of the Trustees is respectfully requested, will explain the further action of the Senate. Extrad Minutes of tlie Proceed I ikjs of the Senate of Queens L'oVnj!, Kingston, C. W. Queen's College, 20 into your con- sideration an eniSodying tlio views of tlio Henato rolativo to ooitaiu Htatutos njcontlv jHiHxod Uy your Board. In loforoncc to Statute 10. The Senate in of opinion that the ponaitics enumerated in the loth ch\uso of the Charter, namely, admonition, reproof, suHpcnsion, or removal of the Trineipal and ProfcHMorM, can only 1)0 inflicted after a complaint hein^jtirrtt made and proven with reference to impropriety of conduct, and that theroforo no Professor now holds his tenure of office merely during the pleasure of the Board of Trustees. St. 15. The Senate is of opinion that the Board of Trustees is not conatituted \>y the Charter a Court of Review over the Senate in decisions upon the qualitications of candidates for degrees or conferring of the same. St. 18. Tile Senate! would respectfully direct attention to this Statute as liable to miscon- struction in its i)resent form. St. 20. The Senate is of opinion that the annual Calendar should ho prepared l exception is made in the Charter, all persons whatever resident in the C:)llege are placed under the Acade;;iical superinteudenee and discipline of the Senate. St. GO. This Statute, requiring inquiry, proof, and record of the actioi> of the Senae in reviewing the conduct of the Students, sliould be a By-Law of the Senate to regulate eases of discipline. St. 09. The Senate is of opinion that there can bo no limitation as to the time at which necessary meetings of the Senu,te shall be held, and that it would be most injurious to the in- I teroHtH I *»y circv lUi ttlioiuly Fiiculty U'litli S till},' to of Trus Th 8e.si Piincipiil lias oxpliiinod to Mio uvtM-lin^' tliiit l!i« HcniituH linn iilrcivdy evpri'Hsod im itpiaion on tlio StiitiitcM, und that iu! intciitli In ln'in;^ tlicni bcfon* tiui other I'lit'iilty IJourds, all that portion of tlio ConituitttsoM llcport ufttn' tlu* puraj^ragh relating to tlio tentii Statntt' Ik- Hinipl}' recorded iu the Minutes of the Senate, further, thit that portion rela- ting to tho tentli Statute, along with tiie preamblo, be transuiitl! and Kennedy voted for it ; Professor Muh'iay against it ; Professors Mowat and Lavell declining i > vote. Extracted from the Minutes of the Senate of Queen's College by (Signed,) JOHN C. MURRAY, Secretary to the Htwite Extract from the proceedings at an adjourned mcetintj of the Board of Trustees of the University (f Qw. en's College, held on the 10th day of Feljruarii, 186t. Resolved, That from the facts which have come to tho knowledge of the Trustees, and tho present alarming state of the College, the Trustees deem it ncccseary, in the interest of the Col- lege, to remove Professor Weih from the Offices of Professor of Classics and Secretary to tho Senatus, and in the exercise of their power to remove at discretion, they hereby do remove him * On tiie motion of Professor Lawson, Kecouilcil by I'roft'SBor Mirray, and uiiunimousl^ ugrced to. I 6S from these oflBces accordingly fortliwitli, and tliat the Treasurer do pay to him his sahiry in full to the end of tlie present Session, and for sis months thereafter, in advance, in lieu of notice, and that the Secretary be instructed to coniuiuuicale this resolution to Mr. Weik. Extracted from the Minutes of proceedings of ^y. IRELAND, Sivntuii/ to Board of Tranl(cs. KXlllBirS. Fnxhici'd (it llw K.ianiiua'.ion nf U'ilKis.se.s on the 2Gtli, 27lli and 2Hth Septciidicr, 18G4. "A." Referred to in the evidence of George Malloch. . Queen's College, Kingston, 2nd February, 18G4. Dear Sir, — Au adjourned meeting of the Trustees of Queen's College is appointed to bo held on Wednesday the ;3rd instant. On that day the meeting will be further adjourned till Tuesday, the 9th of February, instant, at seven o'clock in the evening, in order that a communica* tion received from Principal Leitch, which has been addressed to me by that officer, " intimating " that circumstances have arisen in the College which urgently demand the immediate action of " the Board of Trustees," may be considered, and that such action may be taktin by tiie Board as the circumstances to be laid before the Board may be found to require. I have, therefore, to request your punctual attendance on that day. I have the honor to Ije, Your obedient servant, JOHN HAMILTON, ChuiniHtn. "B." Referred to in the evidence of George Malloch. Brockville, 3rd Febniary, 18G4. Dear Sir, — Late last evening I received your noiice of yesterday's >'' ' ■, informing me that " an adjourned meeting of the Trustees of Queens College is appointed . Ijo held on Wednes- day, the 3rd instant, on that day the meeting will be further adjourned till Tuesday, the 9tli day of February, instant, at 7 o'clock in the evening, ic." 1 cannot see how there can be a regidar adjourned meeting for this day, no hour stated, nor has there been a meeting called according to the 29th, 30th and 31st sections of the Charter, the meetiiig of the first October last, when I was present, having broken up without adjournment. I ETEg I 59 I at eade.l a meeting last year, according to nuticv, tor tl.r .onsi,loratiou of ininurtunt nnt- ters for tlu- well-being of the Collogo, ami bocauso the meetiag was not rouuired to be call.,! i>. writing according to tlio l()7tli Statuto, I had to n'turn without considering the bnsincss havin- incurred uune.-essary expense I have no intention at present <.f exj.osing invself to snch anoth.T disappnintment. ' ' I have thi^ honour to be, Vour ol)edii>nt servant, To Hon. JOHN HA^[I[>T()^^ C/ininiiiiii fir.inil of Tni.flcr.i, Qiip/'ji\ f'u'lci/,-, Kiiu/sfoi' (Signed,) (iKO. MAT.LOCH. "('.'• Referred to in tlu OVk I nee c'! Win. ]rt>land. (Queen's College at Kingston, 'J7th April, ISill. Sir,— In pursuance of the rcpiest, a copy (.f which is hereunto annexed, I her.'bv "ive you notice that a General Meeting of th(> Board of Trustees of (,)ueeirs Collegt-, at Kin^'stoir will be held in the College Senate Chamber on Tues.hiy, the lilst May next, at four o'clock in the after- noon. Besides the transaction of all business usually transactcil at a (ieneial M.-etiu" resolutions will be moved for tilling up all vacant Chairs and OIHces in tlie College ; for the disposal of Ileal Estate belonging to the College ; and also for the contirmation of the meetings of the 2(;th January, 18(5;5, at which certain Statutes, Ilules, and Ordinances, were passed, and of the '.Hirand 10th February, iSfM, at which the Eijverend (ieorge Weir was removed from the c;iHc(- of V,o- fessor, or that such (jther action may be taken in ivference to the matters (h'alt with at the said meetings of the 'iOtli January, ISn;!, and !)th and lUth February, l«(i4, as to the Board of Trus- tees may seem meet. I hereby also notify you that the rep(n-t of the committee on the Statutes will be considered and such action taken thereon as the Board mav dumn necessary. And 1 fur- ther notify you that on the 1st day of June next being the first dav of tlu' ensuing m.<>ting of the Synod, the Lay Trustees will meet for tlu i)nrpose of api)ointing new Trustee." in the pfac^o of those who lotirc in rotation pursuant to the ('harter. I am. Sir, Your olieilient Servant, JNO HAMILTON, Ch I'uriiiiiii. bSth April, 18(i4. The Hoy JOHN HAMILTON, Chairman of the Board of Trustees, Queen's College, Kingston : Siu,— The technical regularity of the adjourned Meetings of the Board of Trustees of Queen's College at Kingston having been called in (luestion, though they have been adjourned agreeably to the practice of the Board ever since the College was established, an I inasmuch as 15 ^1^" i I! 11 ^t ■ I: ^ 1 1 ' T 1 • (!0 it i.s ilesii-aWe tlwit no pretruco of thU -sort should thwart or louiU-r (lui'stionablL- what is or may be considert'd for the iuterests of tho CoIU'iifc, we hiToliv ifciiicst you to smiiiuoii a ttfiuTal Mooting of tli<' Board of Trustfcs t<> he hold nt Kiii^'ston on Tuesday, thr :tlst duvjif >!av next, iu the uiaaucr directed hy tlic t'liiuti'v. Youi' olu'dient scrvautts, (•Signed,) HUCiH nu^lHAUT, (Sigucd,) DUNCAN MUKIUSON, I 7',».v/,r.>. (Signed,) AI.EXANDEIJ SPKNCE, \ ■Dr Referred to iu tiio evidence of Wm. Irehmd. Tniversity of (Queen's Collcg.', Kingston, I'itli Nov,, ls.')i». The Reverend Puokessor WEIU, Queen' ■•< Collei/e, Kev, and Deau SiI!, — 1 have niueh pleasure in handing you the written extraet, hv wliicli, T hope, everything which might mar the harmony and jHeasant feeling in our ('olli-gc has heeii satisfactorily adjusted. Yours, very truly, (Signed,) JOHNPATOX, Siefetiirif. '•E." See ante No. 8 of documents produced hy Plaintitt' under order for produi'tion. F." Queen'.s College, Kingston, '2nd Eehruary, 1S(;4. Deaii Siii, — An adjourned meeting of the Trustees of Queen's CoHego is appointed to bo held on "Wednesday llie 3rd instant. On tliat day the meeting will l)e further adjourned till Tuesday, the 9th of February, instant, at 7 o'clock in tlie evenin.g, in order that a communi- cation from Principal Leitch, which has been addressed to me by that officer, intimating that circumstances have arisen iu tli;^ (College which urgi>utly demand the immediati^ action of tht^ Board of Trustees, may be considered, and that such action may be taken by the Board as the circumstances to l.)e laid before the Board may be found to require. I have therefore to request your punctual attt>ndance on that day. I have the honour to be, Your obedient sc^rvant, (Signed,) JOHN HAMILTON, (J.'llllniKDK I ' or I Kffdred to iu the evidence of Wm. Ireland Uuiversitj of Queens College, Kingston, ^th Februiiiy. 1H(J-1. Sir, -Your atiendanee is respectfully r(>(iuoHted at a general .adjourned meeting of the Trus- teer of Queen's College, to be held in the Senate Chaniber on Tuesday next the !tth instant at 7 o'clock, P. M. * ' <.«'g"t'd.l W. lUEl.ANi), Secietarv to the Hoard of 'I'rustees. KiiMinexti. Iiiler aliit. See circular of '2nd instant. r H.' Hcfcncd (() ill the evidence of Wra. Ireland. Moiiiiiiail Manse. Lady ]?aiik, lOtli .Jiilv. 18(51. My DeaI! Sm, I have received y.air very welcome letter. 1 suppose you luive by this time received a letter (a similar one was sent to Mr. Morris^ with scheme for the consideration of Trustei-s in the event of the union taking place. I think I also wrote to Dr. Machar on the subject. The object of the letter was simply to say that I hoped you would not make any claim of mine a bar to the union of Colleges. You answered that the Synod has .lelayed the Union by a majority of 9. Taking into account the smallness of the ma- jority, and that the Synod had not probably by that time received tl... deliverance of the assem- bly, It 18 not improbable that by another year the majority niav lie in the other wav at least that in a few years tli(! growth of feeling may be so great as to necessitate a union. " It is right to look this union in the face and consider liow it will atfect the College The chief question is, is it not of advantage that th.; College should be free to elect a head that would be satisfact.)rv to the majority of the uniting bodies. Would it be wise to impose any fetters that would i.r. vent an amalgamation of Colleges. Then as to my position it would not be a secure one. A^ ere tilings to remain as at present, I would consider my situation as good a.s a life appointment, but when the Trustees change and the majority have' no sympathy with old church principle.'?, as will partly be tlie case when the union is effected, it vvilfb. a very natural tiling that another should be put in my j.lace. According to the Charter I might be removed for an impropriety, proved to the satisfaction of the Trustees, and if there was any party bias as would likely be the case in the event of the union, some impropriety could readifv be found ' If I were freely elected after the union by a Board representing all parties, then iVould consider the otiice secure enough. The only plan that occurs to me of securing the office in the event of a union is the guaran- teeing of a life salary, whicli, I think, the Charter admits of. The following does not imply any personal responsibility and is not at the expense of the other Professors. ti2 " Tliiit tlio Quorirs (.'oll.'-v oiif^affc to pav Dr. fifitcli. .is IViii.ipal of (he Coll.'),'!'. it salary t)l ItiOO uiidiT till' fullowiiiy cDiuUtioiis. " 1st. 'I'lmt if tlie funds of tl.c ( 'olli'^'i' surt'c)' iiiiy iihati'iiit-iit. so us to Icud to ii (liiiiiniitinii of tlio salnrii's of tin- otlici' fxistinj,' chiiirs in Arts luid Tln(ilo;,'_\, Dr. r.fitcli's siilarv niiiv nt tlic pleiisiiro of tilt! Trnsti'i's ho reiluccil to iin extont not cxrccdin;,' the imiji iiti«.n in wli'uh tin- salaries of tlicsc cliairs taken as a wliole are reduced. •'2nd. That in like' manner should tlie funds of the Collego be uu>!iueuted, and the other salaries in Arts and Theolof,'_v lie increased, Dr. T.citeh's salary shall be increased in a iirn|)oition not less than the otiier salarii'S in Arts and 'riieologv are as a wiiole iiicrea.-eil. "3rd. That in the evt'ut of Dr. Lcitcli beiiif^ deprived of tlu' statu-: of a miiiisler of tlie t'iiurch of Scotland, all ])aynu'nt to him by the CoUej/e shall ceas". "4th. That if Dr. Ltsitch be removed from the olUce of I'rlmipai on any other j^roiind than deprivation of his status as a minister of the Church of Seotland. the Coll. -n;,. shall pav him a re- tiring; allowatice of nut less than two-thirds of his salarv at the lime of rennivid. ' The i.iinciiili' of the above is the sharing of the forlnn(>sof the C'olle.^'e whetlie ■ .t^'ood or bad. It does not restrict the power of removal at any time. Tn the event of a iiiiiuii it mi<,'ht secure my claim to continuance iu the otHce, but then you must ecjually ket p in view that it niiKht be n bar to amalgamatiim ; v,-hile you secure my position you may injure the interests of the C'olle^'e. I cannot ur^'c upon you ■< security which may interfere with the free election of a Principal of the united churches, and at the same itime) yon would not expect me to accept a position so in- secure. You ou^'ht to balance these considerations, and do not hesitate to sacrifice mv claims if the iutenists of the Collego ro(|nire this. This is evidently the crisis of the histoiv of the Col- lege, and on the wisdom of the steps now taken must depend its future jnosperity. The jm'sent inconvenience by delayiuf^ to make a i)ernuinent appointment is, no doubt, great, but mav \ii\i not {,'ain by it future permanent advantajj;es. Alth(mf,'h the time of union is uncertain, still all will allow that it is jn'obable within a short period, and it is ri-.'ht to make provision for that probability. Would it, therefore, be prudent to eh'ct a permanent Principal now when the inter- ests of the College may soon re(iuir(^ a new tippointment. The amalgamation of Colleges for ex- ample may require that you should elect the Princii)al of the Free College. I should wish the Trustees gravely to consichu- this matter. The tw(j chief points are, would it not better delay a ■permanent appointment, and in the meantime to appoint a Yice-Principal, and if this be injurious to the interests of the College, would sui-h a security as I havt> above suggested be given. I have to repeat thut iu this consideration the Trustees are to look simply ' 'I.. int<.'rests of the College, without any regard to any claims of mine U])on thti office. 1 need i. -t say how much iu everyway the; situation is suited to my tastes. I can honestly say that T never spent a half year of my life more pleasantly and profitably to myself, and that I do not expect ever to occupy a situation prodvictive of greater happiness ; still no selfish enjoyment would lead me to insist on retaining an oltice which the interests of the College may recpiire to be assigned to another. I am g.ad to learn that the guveriu-rs have so liberally agreed to erect an operating tlmatre. I am sure I have no reason to complain of the readiness of the Kingston people to aid in my good work. The Collego will prosper just in proportion as we form links of cor.nectiou between the College and the Town, such as the Observatory, Botanic Society, Hospital. 1 am gliiil tli.it our iigitiitiou is likeh tu boui M.ia.- fruit ulivady. A »lmic of tiir ciulnwnifnt of Toronto rniversit.v would put t^ueon'n on n natumi husis, iitid gnntly ini|«mdiiig " itli tin- various luiviTNitiiH and Modii id S..|i.m)1« in order to dofino our rclati n to tlu in. Then- has boen a i-im|.l.'tf ri'voiuti..n liit.lv in Tuivi^rsity matters, ho that it is dittic..:; to ascertain liow things actually stand. I h,)|,.. , however, to get a roeognition of the Courses at Queon's College both in Arts" and Medicin.-. Th.> late Medical Act however bears injuriously against Colonial degrees. I have lately exphiiued my position to my I're.ibytery, and the I'r.sbvterv conlially i .•.niicsce in my decision. Would you have the goodu-'ss to ask l'rofe.ssor Lawsuu to send mo half a dozen copies of the Medical programme, and the programme for degrees in Arts, as T re.juire to ns,- them in negotiating with the Medical bodies. L remain, Vciim very truly, "'"iiKU^'l.) WILLIAM LKITCH. "L" Referred to in the evidence of Wm. Irolaud. (Extract.) Dkar Paton, Montreal, 3rd August, ISOl. The fact is I regard the Dr.'s difficulties as ,.yth.s. The appointmout is now a per.nanent one and there is little likelihood of any culpa so grave as to require liis removal. The security is only sought in event of removal. ^ ' lours trulv, (''^'H''^!.) A. MOliULS. K. Referred to in the evidence of Wm. Ireland. Hamilton, rnn witlioiit ;uiv ifsirictiuii, ho stliouM ho iiifi.rimd tliat tli.- .'ipitnintiiu'ut wumiv i>»'rumni/' floiinl 11/ Ti'if.tiri " L." Refenod to in the t-vidoiieo o' William Irolaud. Dk.VU .Sill— I <;ncl :.su you tw(/ testimouials of I'rofcsbc.i Wi'ir, the only ouos 1 can iiii-ucdi- atoly lay my hands upon, hut one of them, I moan Mr. Mcnzies's h-ttcr, that which dc-idcd uio. and which as reported liy nic, decided the Trustees, who n^ferred tlie whole to Mr. Meiizies. If you would ascertain from Mr. Weir what other testimonials I had from hini 1 woul.l make search for them. I do not MH" why Dr. Mctiill's remarks sh(mld make you resii»n, if there •.\ is hlaine, it w.is with me, and I coimsi'l yo;i to p.iy n-> attention to anything? that may have been said, l.ut let nic hear the burden. Vi" s truly, Quebec, l"2tli Juno. JOHN COOK. M. " Keferred to in the evidence of \\illiam Ireland. DE.^rt 8in,- I have nuich i)li asure in informiiif,' you that I have reci.-iyed a letter from Tro- fes.sor Menzie.s, of Edinburgh, informing mo that Mr. AVeir has accepted the Cla.s.sical Trofes-sor- ship of Queen's College, and will be in the field in October. Geddes, as you are aware, had been appointed Master of the Cxrammar School, Aberdeen. Weir will, I am i)ersuaded, lie an ao(juisition. I am anxious to hear what has been done about th(> ho ise; of the Archdeacon, an 1 whether any negotiation ha.s been entered into with the {Tovernment. 'Uw absence of Mr. Morris from Quebec, lias prevented me fiom doing anything, I think he should be sounded, but if it in wished, I will see Mr. Hincks. qu« Be of be kiu Th The niit Pro mm autl ■ the Cud ifyc iifi) aiid he g join . with enta wisl m I liavp not yet aiiswereJ Mr. Morris" eouiuiuuication lo myself ; but this I tbiuk of less conse- quence, as no Prineii)al can bo found for this Session, and George will well perform tli • duties. Besides, the result of the negotiation with the Government should be ascertained, for the security of the Trustees in assuming such liabilities, and for the security of any one who muv ultimately be apiiointed Princijial : at least such are my views. I shall count it "a favor if v<,u will let me know what is doing. I am, with much rt>spect, Dear Sir, Vt)urs tmly, JOHN COGK. Quebec, 17th Septendier, iHu.'i The Hon. J. Hamilton, iVc, Ac. You will be sorry to hear of Mr. Morris's coiiditiou. J. C. Referred to in the evidence of William Irelaml. Montreal, "iOth September. ISoiJ. The Hon. John Hamilton, Chairman Trustees, tjueen's College. Beau Sih,— T)ie lamented illness of the Hon. William Morris, Chairman of the Sub-Com- mittee a})pointed at the last meeting of Trustees, to select and recommend for api)oiutment Professors to till the vacancies in the Staff of the College, devolves on me the necessity of com- municating with you on the subject. The Committee, agreeably to their instructions, wrote to Professor Menzies, of P^dinburgh, and through him have been fortunate enough to secure the services, as Classical Professor, of the Rev. Mr. Weir, of Banff, who may be expected in Kingston next month, say October. The Committee offered the Principalship (the only other vacancy) to the Reverend Dr Cook, of Quebec, giving him till tlie 10th September to reply. His answer is to the effect that if you can nuike any arrangement whereby his .salary will be secured to him, he will accept the a}>i)ointmeiit, and enter heartily into the performance of its duties ; but as he has a large family and is now well situated as regards pecuniary aHairs, ho would be wanting in his duty to them if he gave up a certainty for an un ertainty. He therefore suggests that as he could uot.'in any cas*?, join the College this session, the matter be delayed for the present to see if anything can be done with the Government for an increased grant to tlie College, and he says that this course will not entail any inconvenience, as Mr. George, from Lis unpreparedness for the Chair of Morals wished to teach Theology for another session. ^ GC, The Committee feel so anxious to secure the services of Dr. Cool, that they are inclined t.i act 01) his suggestion, more ospcfially as they have not at present any other in vi.nv so w.H ..naliliea for tlie situation. Will you therefore be pleased to consult with the Trustees in Kingston and let me know if this course meets their approval : meantime I will endeavour to etfect some arrangement with the Oovernnient. I am. Dear Sir, Yours, faithfully, ' HLCiH AJ.LAN. S<'ir'(irii ' 'uiiinilttce of' Tri'titiO', r " o. •' Referied to in the evidence of William Iriiland, 10 l;i: cOMMUNkAJKD. •• W. I«Ki^\Ni), Esq.. Secretary to the JJuird of Trustees of t^ueen s College. Sui,- -I have received your circular informing me than an adjourned meeting of the Tru^'tees of t^ieeu's College is to take i)lace on Thursday, the Itth inst., at 7 o'clock in the evening, and I am referred by you to another circular, which I have also received from the Chairman oi the Board, stating that such nu!otiiig is for the purpose of considering a communication from Prin- cijial Leitch, intimating that circumstances have arisen in the College which urgently demaud the immediate action of the I'oard of Trustees. I beg to state to the Board, through y.ni, that by the 41st Statuie of the Universitv it is the duty of the Secretary when sending written notices of the meetings, to specifv the bubiness to be transacted ; and I consider it singular that in this case such specifving of the business as is given IS by the chairman, and not by the regular officer. In point o'f fact, howevr, what the chairman states is (juitt) indetinite : •' We are to meet to consider circumstances which have arisen m the College :" but there is no inkling given of what those circnnistan<-es were. 1 suppose it possible tiiat the adjournment may be conceived to bring the i)ioposed meeting w.thin the ].'tt..r of the law. But, in reality, it is a special meeting, and "for a special purpose and th(! chairman s letter renders it plain that so it was felt to be ; and that to hold it without warning, even though it might be legal, would not be fair or just to the Trustees at a distance - and in their view it was, I hold, si.ecially necessary that (he Secretary's ncUice should have' sj.ecined the business to be transacted. I think no one will di.spute the reasonableness of the duty imposed by the Statute 41st on the Secretary, who considers th. expense to the College and the trouble to distant Trustees winch attendance on the meetings of the Board involves. In niv case and Mr. Thoumson's it involves now travelling eight hundred miles in midwinter. I can readily conceive that eircum- ■ancs might arise m the College which urgently demand the immediat.. action of the Board i <">7 which yot, if i-lainlv .tatod, tiir Tru>t. .-> .t a dl.iancv nv,.„|,1 I,, iH.f.vtlv ^viliinJr u, trust to tho luanageniLM.t ot thr Tni.lc.-s in Kingston -.nuX thv n.igl,h,.urh.H.,l of Kingston. ]}«t I can also conceive circumstances ..f tiio iii

be onsidored, arc, or aro not of .such a nature as to re.iuire special attendance. I do further think, that there is just .'round of complaint in that Tuesday, rather th- AWnlnesday, has been appointed as the dav ot" meet- ing 1 s just possible that aftc-r p ^ fining my Hun.lay duties. I could by travelling day and lught at tlas inclement season, and if nothing occurred to delav the railway train an h.mr or t^vo, reach King •■m m time for (he jn'oposed meeting. Heretofore it has been usual to take into account the convenunce of Tr .stees at a .listanee, ami unle.ss the unknown circumstances ^^hieh aro to bo con«H^-.-ed are -ry ur-ent, indeed I think anothcuulay might have been given for su long a journo; ^;, of us have to lake when w(> attend the m.ctings of the Board. One ,.0 <,,; .d of Statute 11, and the fact that, t'w.„gh nopiinallv an adjourned, it is really u special mt. ^, tho l)usiness to be trausact-d at which is not speeitied in the Secretary's notice I protest against the meeting as altog.^ther irregular and illegal. I am. Sir, Vour obedient servant. Quebec, 8th Veh., 18(^. JOHN COOK. P. Referred to in the evidence of Charles Peters. At Banff, the sixth day of August, one thousand eight hundred and tiftv vears meeting of the Managers. Present— Mo-srs. Hosswick, Balfour and (iordon. In tx Mr. (iordon stated, That in conse(|uence of last .Minute, he, Mr. Ho.sswick, and the Clerk ha\e gone to Banff last Saturday, and have seen Mr. (ieorge Weir and the classes taught by him. ami had every reason to be satisfied with the manner in which ho performed his duties : and being satisHed on this point, had broken the subject to Mr. Weir coming to Banff to him wh\;n ho Juid reciuobted a few days for consideration, and promised to bo hero thi.-, day and that he undi-rstood that Mr. Weir was now in attendanc.. ; and Mr. Weir having been called in, anil a long consultati.m having ensued between him and tin," Managers, in the cour.se of which he expressed his inclination to accept of the appointment of Hector, if tho terms could bo made agreeable to him ; and a further conversation having ensu.Ml there anent, it was resolved that Mr. Weir aliould be, and lie is hereby ai)i)ointod Rector of the Academy and Orammar School, and teacher of the classical, mathematical and writing departmeats theri'at, at the yearly salary of sixty pounds sterling, his engagement to commence on the ninth day of September ne>t, and to be ml rllnm mf n/lpam, it being understood that his share of tho fees from Bunsar is t('. be the subject of arrangement between the Patron of the Bursars, and himself, and tho teacher of the English departments ; and that tho Managers will meet with hii!i and tho English teacher before said date, to revise the scale of fees for tho various branches to bo taught, the hour of attend- ance, and other particulars necessary to be settled bef(ue the opening of the classes on tho 17 c« expinn« of th.' pivseiit viwatinn ; aiul it l.oinjj; also iin.I.r^tooa tliut IIiIn appniiitiu.-nt shall bt* subjr.'ct to .such roasonalilM alterations on details, f,.es, „i' iutiTUal nianaK.niont as the Manager or tlio Magistrates and Council may tind it lu'cesNury to make from time to time ; and that ill the evct of Mr. Wi.'ir wishing to leave, he shall give six numths' premonition before doing so ; whereupon, Mr. Weir is declared and lu-rel.y declares hi:, acceptr.nce, and the Mana- gers, on the meeting of the School, will install him aceordiiiglv. 'J^i^''"''!' GHOIUiK WEfl!, HKNIJY n.VFJOlJJ, WnjJAM HOSSWICK. W. It. (i()I!|)()N. Extracted by tleorge Forbes, Town Clerk. Referred to in the e\idence of John Cook. Extract from Statut.'s of •Mciiili College. Chapt<'r V. Of the appointment and dutes of OtHccrs, faculties Higli School Deparhuent, ^ve. 1. the Principal, Vice-Princii.al, JA>ans of Faculty, I'rofessors, and all other olHcers of the University (except the Demonstrator of Anatomy wluj may bo appointed by the Medical Faculty or by the Professor of Anatomy, if the Governors so allow or order, and in sufh ease shall be removable at the pleasiire either of the party so appointing him or of the (iovernor; shall be appointed and shall hold office for and during the pleasuie of the Governor, and no longer, and they shall receive such salaries and emoluments as niay bo fixed by the Governors. Tl; ..everal Professors and other officers of the I'niversity shall have such titles of ()ffie(\ and disehari;e such duties as may from time to time be assigned to them by the (iovernor. II.' Sec iftlte Exhibit No. 2, referred to in the examination of Pluintitf. S. " Referred to in the evidence of John Cook. Complaint respecting the conduct of Professor Georgia Weir of Queen's College. 1. That Professor George Weir has been guilty of improper c(jniluct, inasmuch as he did during the month of February or January last cause to be printed by James M. Creighton, of the city of Kingston, an anonymous paper, of which a co])y is produced, containing an extiact from m the Mimit.'s of till' |{,)iu.l, t.)j,'.'tlier witli (Miiiin.Mit>^ U|.()ii the sam,.. ,lis;,Tsii.'ciful t(. thr JJonnl, luul oiilciiliitiMl til iiijuic tlic ('()lle{,'('. '£. Tliiit the siiid IVofossor Weir did ciivulat.' uv (.•iui>»c to be I'irculatid :i laigo mimbcr of <'(jpii's of this printed piipcr addrfssod to luoiubcrH of the Board, to Studi'iits (.f the I'liivcrsitv. and to main- otln'r jicrsons in various sei'tions of tlie Province. :{. That Profes-^oi' Weir did uHix or eause to be allixed a eojiv of tliis paper to tiie blaikboard in front of the ( '..Hew diirinK tlie montli of February last, sueli board bein.L' reserved for oflieial notiees. 4. Tiiat the said Professor Weir ditl send or eaiise to be sent tlirouf,'h tlie Kin^^ston Post OtHee, durinf.; the month of F.bruary last, a eopy of the aforesaid iiriuted jiaper addressed to Dr. (Jeor-e, " The immoral Professor of (Queen's (.'oUege," sneli eondiiet beintr ealeurated to injure the eharaeter of the l'niv(!rsily. 5. Tiiat Professor Weir did during the month of February last, througli a near relative, re- quest Jolni Creighton, of the City of Kingston, to print an anonynnjus i)oem, of whieh .a copy in siibinittcd. and afterwards did cause tht^ same to lie printed <,lse\vheie. (i. That this poem was sent with Profes.sor Weir's sanction and approval to the Pev. Tliomas Wardrope, of the City of Ottawa, The Ib'v. TI. .). IJostwick, and othei wis,, eirculated. 7. That this poem is calculated to injure tiio Institution, and .'..rrupt ihc morals of vouth. S. That the said Profe.ssor Weir Las rci)eatedly during the p.i^ session absented himself from the duties of his class without iiermission or prop(>r excuse, and more especially that he did so absent himself on the 2-lth, 25th. UGth, 27th and 28tli days of Marcli last, the said Pro- fessor Weir being able on these days to visit and examine th" Common S(>l)o(,Is of the Citv of Kingston, and to discharge other equally laborious duties. 0. That the conduct of the said Professor Weir has been impro]i,>r and subversive of order and discipline in the College, inasmuch as he has lepeatedly during the months of January, February and March addressed (jr spoken to students in his "class-room during hours of attend- ance of College on the case of Dr. (.ieorce. 10. That he has dissuaded or sanctioned the dissuasion of various students from attending F>r. George's class. 11. That in Lis class-room, during the months of January, February and March last, the said Piofessor Weir has read to students many letters and papers strongly commenting aiid'animad- verting upon the proceedings of the College authorities. 12. That the conduct of the said Professor Weir has been calculated to injure tlie morals of students in this University, inasmuch as he did read to several of them certain papers connected with the case of Dr. George, and more especially the iffidavit of hia sister at one time submitted to the Board. ih g-'^iai TO Si a Xo. 2. lifftiK'il to ill tile I xaii)iiiatiiiu of tlio I'lnintiH', •U." Upfeiictl ti) 111 llio ividiiuc of .Fi.liii Ci)i)V. .. , , ,, Kiii^'st.,ii. 7tli Nuv., iNlil. Ull.I.lAM llill.ANIl, Ks.J., S. civtary to Hoard of Tmsti'cs nf tli,. lUiNrisitv of gu.vns (',,11,.^,',.. Dkau Sih,-T.. pivvcnl any iiusiiiHl.istaii.iino- i„ .v-anl to 111.- iin..sti-a(i„n wliirli tlir Irustees Imvc. uiKl..rtak..u at Professor (;..o,jr..-s r...ju...st, I 1,..;; tliat it ^^ill 1... distinrtlv ..inhT- sfood that III tins, painful nuitt.'r I am al (.ivsoiit n.-itln-r aceuscr or ,,i„s(.,utor. \t I'rofosHor (i.or-e's ov.ii ivqu.'st, as may )„: nvvn l.y the .•..rr.'s,.om1,.H(T lu.t«r..|i us, T -avr liim tlu' ivasou , "7 "''"';'"^' t" ''"''l "»v tho slifrht..st ii.t...vours.. with liim. vi/., that m v sist.r l.oiv a .-hikl „' whi.'li cliihl sii.. ii„,t 1.1 has uniformly and solrniiily allirm.Ml th.' I'rotVssor (i.'or^'.. is tlir fatli.r. While d.-sirous, as \ have already stnt.'.l, of allordiiif; il... 'rnisiei-s .s.rv aid in ol.taiiiinii Jnfornmtion and ..vid...K.... I ^vish that my pros-nt legal position in the matter should not C misunderstood. All that T am resp.msible for is the accuracy of my allegation that the alM.ve-mei,ti.med Htfttement was made by another party. I am, dear Sir, Yours tnily, GEORCiE WEIR. 1^ " V. •' Referred to in the evideuoo of .John C. Murray and Alexander Logio. Having re,iHe.st(;d that a general meeting of the Hoard recpiest. Rv Statute 22, I am required to lay liefore the Roard the eonduet of sueli ofWcers as may require the exenise of discipline. I should gladly have avoided such a painful dutv, e.speciallv at a time when prostrated by an alarming ilhie.ss, but the emergency of the case demand"'ed instant action. I felt that if the vital interest.- of the College were to be protected, prompt and decisive measm-es must be taken withcnit delay. I would have ]ireferred to wait to the end of tl Session but the evil was so rapidly spreading thai irreparable injury might be the conse, i^"'! " lii''li tlirt>,ili a its very exiHtonce. • ^ f'AHF, OF PROKEHHOIl WKtU. This iH tho point th.it d iiiuiuIh tiio iiio,-;* wcrious iitt.Mitioii of tlic Triistfo.s. His cani; Im^ boon rcpoivtfiUy Im •• tl- TrusteoH, and li,- 1ms iqieiitfaiy luou cautiontMl us to his conduct, but 1 rogrct to siuy tJmt thcst utiouH liavo only lod to a disregard of tho auti' iritv of the Doard. Each Hucccssivo cant. parcntly l.'a.ling hii- ♦<) treat th.' aiitiiority of tlic lloard with less rcspoct. After throe ye., painful experience of .,is vh- .ucter, I am led to tho -diesitiitinj,' con- clusion that His mental and !•' -lal character has now assumed a morl)id aspect, and that *ho malady is rapidly increasing in intensity. This malady consists in an intense love of strif.-. cim- binod with personal animosity. It assumes the aspect of mononmnia, by singlinj,' out certain individuals or i-arties as the object of persecution, while to all others ho may have tho strongest feelings of kindness and goodwill. The necessity of cherishing personal animosity to some one sooms to bo a necessity of his being, and it is his successive attemi)ts to gratify this feeling that has kept the College in a state of sfriie for so many years. While I am strongly of opinion that his c(mduot i)artakes of the character of insanity, I by no means hold that ho' is insane, in the sense that ho is not personally responsible for his actions. His case is merelv that of so many others who have allowed some ovil passion to gain tho mastery ovor thorn. I shall now state the facts on which the above conclusion if founded. It is about ten years siuce the atrifo commenced which has now !■ ..jied a crisis. With the sad history of the earlier •years of strife I am not personally conversant. When I arrived, in the autumn of 1800, in this country, I was not aware that the College had boon the scene of such heart-burning and strife for many years i)revio!'sly. And I by no means blame the Trnstoes for uot informing me of this because I am persuaued that they believed tho strife was healed, and, besides, I had afterwards tho opportunity of judging for myself, before finally deciding to cast my lot in this country. When I lauded in Canada, I heard everywhere of the intestine cpiarrels whicli had long existed and descriptions wore given me of the intensity of animosity, which tranacondt I all powers (if belief. Those accounts appeared to mo so highly colored and exaggerated, thi^t I thought them incredible, the hatred and animosity appeared by those accounts to be more than human, and it is only in the light of recent events that I can now credit them. The sad series of strifes cora- raonced with Professor Smith, after a period of cordial friendship. This promising young man ho pursued with unrelenting bitterness, till, in the providence of God, he was taken from the evil to come by an early death. The morbid feeling to which I refer seems ' • have boon de .sloped thus early, for not long after his animosity was transferred to Dr. George. This strife raged for a long period, and was carried to such a pitch that the Trustees were coaipoUed to interfere? Tho expressions ' intensity of hatred were so terrible, that tho story is more like a romance than a sad reality. Tho scene before the Trustees when b^th parlies were summoned, is, perhaps, suf- ficiently remembered by some of the members presen* to vouch lor tht accuracy of the statement. A significant warning was given ai the time, that such conduct, if persisted in, would bo followed by removal. This warning seeL-dc'. to bo eflfectual for some time, and when I came out iu 1860, there appeared to be a calm. I w .3 told on all hands that it was a deceitful calm, that the flames vfere only smouldering. I was not disposed to believe this, as I found him everythinp I could wish in the w.,y of personal friendship towards myself. Every expressicm of kindness was ;<^vi8hed upon me to gain my good will. In this happy state of things, while a temporary peace T revailed, tho College made rapid strides. The Law Faculty m -s establishc' ; the Observatory rfas connected h the College ; a Botanical Society was instituted ap( : tant steps in ad- 18 r Il .iiiC(; wore takeu iu the I'liivcrsiiy (Question ; and tlic Colli jc bade fair ti> liavo ,i successful and brilliant career. It was on the louudatiun of these lulyht [irospeets that I. finally resolved io \i\. my abode in Canada. I little tliouf^ht there was a spirit slumberinj^ o)ily t') awaken with niiewed intensity to ihish these hopes to the ground. I went home in the suuimer of ISfil, and on returning to C/mada in the fall, the lirst news i learned on landing was, that the old (piiurel with Dr. (ieoi'ge had broken out with renewed inten- sity, and that the occasion of its renewal was the sad story oi his sisti'r's shame, which occu- pied soon after so much of the attention of this Court. It was now that the idea of insanity llaslicd iijion my mind. I did not indeed thinlc it sti-aiige that a bnitlier should demand repara- tion, if he believed thr story. He wouli! not be human if he did not tV'cl indi-uation. 'J'he proof of a morbid taint lay in another direction. It consisted ehieHy in the want of that dignity a.nd delicacy of feiding which we would expect from a brother towards a fallen sister. He seems to have k)st that tine moral sense which would manifest a genuine sorrow for his sister's eonchict. This iusousibility to his sister's shame was, no doubt, caused by the all-absorbing passion which led him to pursue Dr. George for so many years with unrelenting l)itterness. This insensibility was sliowu ill many ways. The letters, with the details of his sister's guilt, were read to all who would listen. Students of tender years, as well as the more advanced, were asked to listen to the most indelicate and licentious details. I (jften heard him re;id these k-lters, and the imiires- sion invariiil)ly produced iu my mind was, that the feeling of satisfaction that he had now crushed his enemy far predominated over the fciliiig of sadness at his sisters fall, and I have no dtmbt it was the same impression tliat caused a shudd>;r of horror, at his conduct, throughout C.iuada, when the tale of shame was i.ild in connection with the prijvious quarrel with Dr. George. Another proof of morbid action was, that his animosity to Dr. George became a domi- nant feeling, characteristic of monomania. It seemed to banish all other ideas, .and he loved or hated all others only as tliey stood related to the object of his anger. All this holds good, what- ever view W(! take, as to the truth of the stoiy. The deep feuding whicli his conduct excited throughout Canada was altogether irrespective of the truth or falsehood of the charges. It will be vemenibered that in the spring of ISil'i Professor Weir w.as again lirought u]> before the Trustees, a coniphiint being brought against him by one of the Trustees. It arose out of his morbid animosity to Dr. George. Though Dr. George was to retire at the end of the session, vet his presence for a few months so aggravated the morbid feeling of hatred, that he was led to commit the most humiliating acts in order to gratify this feeling. The list of these acts was printed at the time. One of the gravest being a scurrihms poem, clearly traced to him, in which the nu).-;t libellous charges were brought against Dr. George. The (h;e]) feeling caused by this'poem was not so much in conscnueii'-e of the injury done to Dr. George, as the insensi- bility to his sister's shame, which n-ould lead him thus to trifle, in a lampoon, with so grave a subject. The subscqueut evils that have come upo. tin; College, can, I think, be all traced to the action i-f the Boaid on that occasion, and I more frei^ly stat(! this, as I take part of the blame to mvself. y felt that tin; charges were (jf so humiliating and degrading a character, that in no other University in this country, or .my country at home, whatever the tenure of the ofKce might be, would a I'rofe^.sov bi; retained who was guilty of such conduct. He was not acquitted of any one of the charges, and I feel persuaded that there was not oi'c who heard the evidence who na;. not convinced that they vere true. Tho great evil consisted in giving a second threat after tne for- mer caution. This was a weakness which has ))roved most disastrous to the interests of tho i : 73 • College. Professor Weir interpreted our leniency into weakness and cowiirdico, and he at onco assumed an attitude of defiance and insubordination that ho never hefore ventured to assume. After the decision I asked him to call upon me that I might bring him to a peaceful frame of mind, and to work harmoniously with myself and colleagues. He spurned my advances. Ho said he would live to humble Mr. Paton, and in the way of threat towards myself, he declared that he had means of knowing every word that fell from me in the Board of Trustees, and certainly by some means 1? new every word that was uttered hero, and every word that was penned. I do not say that thi.. should be a secret Board, but still we have occasion tu exercise our honor- able confidence in one another. But such honor has not been observed, and the most confi- dential statements were instantly carried to liim. It will be in the recollection of two fellow Trustees, that when deputed to visit and remon- strate with Professor Weir, about the time of his trial, that I made the remark that he had all the character of insanity, and that the danger was, that when Dr. George left lie would fasten on some new victims, and find charges just as grave to bring against them. I could n(jt, liowever, have anticipated tliat this prophecy should be fulfilli-d as it has subsequently been. The first open attempt at public injury to the College was in the following summer, that of 1862. This was the breaking up of the Grammar School. I had greatly interested mys.;lf in amalgamating the College School with the Grammar School, and the leading men of the city heartily entered into tlie scheme. The advantages to the College promised to bi^ very great, as it was likely to prove an important nursery. And at first the success was beyond all exiieetation. The numbers were about doubled, the highest number being 101. Professor Weir was the intimate friend of the Master, Mr. May, and I have no doubt that it was by his influence Mr. May was led to break up the Grammar School, and establish a school of his own. But we are not con- cerned so much with any private advice he may have given, as the open measures which he took to promote the' ruin of the Grammar School. This was done by using his influ- ence in favor of Mr. May in various ways, which had the eff'ect of leading the people to be- lieve that Mr. May represented the interests of the College, and conseciuently a large proportion of the scholars went with him. Thus the scholars wlio had been collected for many years, at gi-eat expense by the College, were carried off and put under a master who was in open liostility to the College. ' This hostility was shown in the most marked manner when Professor Murray and myself arrived in the fall of 18G2. The students resolved to meet us at the steamer on our arrival, but Mr. May attended the meeting of students called for this purpose, and with violent language strongly dissuaded the students from showing this mark .of courtesy. I have no evi- dence to show what part Mr. AVeir took in the matter, but from his well-known feelings, and liis close and constant intimacy, it was universally felt that it was agreeable to him, and .sprang from the unhappy state of feeling which he had excited. This was the commencement of a tamper- ing witli the students wliich has gone such a length as to destroy the discipline of the College. The next cases of insubordination are in connection with the drawing up of the Statutes. In the spring of 1862, a committee, of which I was convener, was appointed to draft a code of StatuteB, to be submitted to the Trustees, and while in Scotland I occupied much of my time in emiuiriug into the Constitution and Laws of the Home Universities as well as those of America, and had collected materials for this code. When I returned, I found that Mr. Weir and others of the Professors who were here during the summer, had applied to the Trustees to draw up By-J,aw8 for the Senate ; and permission was granted, under the impression that they were not laws that could interfere with the Statutes of the University. To my astonishment I found tliat Mr. Ht 'S :i Mi I '' 'S5P1 Weir. Jiiul thoso associiitod wit]i liiin, had a.ssiihu d tlu t'liiutions of tljo IJnard of Tniiteos, had ilrawn up Statutes of the University, and iusteiid of the tJovernors deliiiing tlie jmwers of tho Senate acuoidiny to the Charter, the Senate defined and limited the power of the Hoard ; and, in particular, tlie Statutes were directed to tlm eurtaihucnt of tho Principal's power. These By-Laws were drawn up in the handwritinj^' of Professor Weir, and, from the tenor of them, they were evidently inspired i)y Ins feelini^s. These ]!y-]iaws, of course, put the Trustees in a false position, and we were oblij^ed to appear in antagonism to the Senate, seeing that we could not ])ossil)ly sanction them. ^lost of the Professors would never, I believe, have taken any hand in these liy-Laws if they had been aware that a Committee had been apjiointed by the Trustees to draw up a code of Statutes. The code of Statutes was drawn up and presented to a general meeting of the Trustee--., in the session 18(;'2-(i:i, and after vari(ms changes they were adopted in the form in wlii-.-h they are now printed. It was a trying time to draw up Statutes. A time of peace would have been preferable, but it was impossible in the circumstances to ibday. Mr. "Weir's code of Statutes m as thus rejected, and one of a diflerent kiiul was adopted. Immediately on the passing of the Statutes, the most bitter o])position to tliem was raised by .Mr. AVeir. The iirst indication was a scandalous and threatening luionymous letter addressed to myself. There was internal evidence to indicate; clearly from whtit quarter it came. I think it was in- tended that I should understand from whence it came, wliih', at th(> same time, there was no legal proof. It contained also extrac ts of the most scurrilous kind from the Anjiis, against myself and other Trustees. Thes(> printed extracts were posted in every part of the town, and one was posted on my desk, in the Chapel, on Sabbath morning, so that wln'u I came in I might see it. I made no attempt to obtain direct evidence! that thes(i libels emanated from Professor Weir. I had no (hmbt in my own mind that dii'ictly or indirectly they came from liini. The next ease is still worse. Ab(mt midnight the College was broken into, a])parently by a person well acquainted with it. The ])erson must have been possessed with a jiaint brush and card- l)oards, witii opprobrious names against myself cut out in it. With the brush and card the walls of the College, outside and in, were defaced. Tho moment it occurred, no one doul)ted from what (juarter it emanated. A Police officer was employed to detect (lie culprit, and the students of Divinity were on the point of .sending for a detective to Jlontreal, but we did not .succeed in finding any clue to the perpetratiu'. Strong suspicion rested upon a Studi'nt of Divinity as the person employed to perpetrate the deed, which makes the case still more atrocious, showing how far the animosity had been carried, when even a Student of Divinity was seduced from his duty to perpetrate the deed. And it is still more lamentable from the fact that if it was a Student of Divinity, he nuist have been guilty of the deepest hypocrisy, for all the students, without excep- tion, showed outwardly the utmost courtesy and respect. Although this cannot be traced by positive evidence to Professor Weir, no one can have the slightest doubt that it originated from the strife kept nji by liim. We have heard so much about the Statutes lately, that at first it might be thought these Statutes were the cau.se of the strife that exists. This is far from being the case, the animosity was just as intense before, but the Statutes were taken advantage of to feed the flame. The well-aft'ected Professors, who were at first led to ask a modification of the Statutes, have now- seen that the agitation about the Statutes was simply a continuance of the strife which has now- raged ^''^r ten long years. The following are marked cases of insu! illness in the sessi(m of 18()2 15,1 called uji' •idinatiiui on Professor Weir s part. During his liim to say that I was ready to ]iro\ide for the t iiV- III f u l^H ^^ . ?n^^B . « i -nH 1 Hi ' teaching of liis classes, which had been for a cousiilerablc time idle. Ho positively refiisotl, and lor several weeks there was no teaching. Another case of subordination was in refercneu to tlie office of Superintendent of the Coni- niou School. Wo have a Statute to the effect that no Professor is entitled to engage in any vocation which the Board shall deem inconsistent with his olHce. The Trustees gave intima- tion that they considered this office, in his case, inconsistent with his Professorship, and recjuired him to resign. This ho refused to do. The question with us at pres.,nt is not was the office inconsistent with his Professorship. We have oidy to do with the fact that it was deemed ineon- sistent by the Trustees, and that he refused to obey their commands. I do not think that generally the office of Superintendent would be injurious to the College when coml)iuwl with a Professorship ; but certainly in his case it had the most injurious effect, for his position enabled him to injure sinuously the College. All his efforts have been directed to injure the system of Scholarships from the Comnnm Schools to the Cirummar School, and his jiosition as Su;)erin- dent enabled him to do this most effectually. This office, which might be made beneficial to the College, was employed to injure its interests. Dr. Lawson's removal was made the occasion of ujnoar and insuliordination in the College. The tiui years' strife could not fail to form parties in the College-, and ^Ir. AVeir, by constantly keeping up agitation, did not fail to forma ])arty who always acted in concert. There were other Professors who always acted along with him, and one of thtise was Dr. Lawson. On accepting a Professorship in'Dalliou^ie College, he seized the opi)ortunity of declaiming against the Statutes and the Trustees before his students. This caused gri'at excitement among them. The Trustees felt bound to summon him bef of om- of the iiowspapors of Kint,'st(;n, l>y ingouiouH misroproscutations, ho .stirred up the editor to writi" in n hostih^ nmnnt-r against tho Trustees, and myself iudivi.hially. The editor hiivin- .h^teoted the inisrepreseiitdti.jus, withdrew his statements. Ou doin^' so, Professor Weir addressed to him ihe following' httcr ; Quees'h C0U.E0E, KiNosros, -JTtli Octolier, lHti:t. I To tho Editor of the British Whig. | Dear Sib,— In your article of last nij^ht's issue, ref,'ardin^' (^luen's Colle;^e, you say—" It is, however, but fair to state that none of tiie other Professors have j,'iven up any permanent uieome to take office in Canada." I am curious to know whence you ^ot this inf.uiuation. It must have; come from one very ill-infornu-d about the antecedinits of the Professors in (Queens C'oliej^e. I cannot say whether your stati-u .s true or false in regard to all my Colleagues. They arc able to defend tl nnselvcs, and i..av possibly do so. I can only give a public; contradiction to your statement as regards myself. I ili'l 'jhr up (' prrui'innit iiimmr In f,tl.r ollirvin C«mnl„, and as I have still in mv possession an extract-minute of my appointment to tlu; olUce which I held in Scotland, I am prepared to convince any (jn.s who is at all sceptical on the subj.'ct, that my as- sertion is correct. In this respect, then, I stand on a par with Principal Leitch. It is true that I was iieith,.r soworldlv wise, nor so suspicious of the Trustees of Queen's College, as to extort from them guarantees for the permanency of my office in their Institution ; though, like Dr. Leitcli, I too held my office in Scotland at the close of my ilrst session in Canada. I had been as.wred by the- late Allen Menzies, Escj., W. S., and Professor of Conveyancing, Ac, in Ediidjurgli I'niversity, through whom I was induced to come to Canada, that the Professor,ships in (^le.Mrs Coll.'ge were permanent or life appointments, a;:d s(j also they have always been regarded, till the fram- ing of the now Statutes lately. But, Sir, had I taken advantage of my position to render luy own situation secure! and per- manent,'! would have heartily desi.iscd niyself, as unw(n-thy of my race, had I like\Mse usc.l my own security to degrade my Colleagues, and rend(-r their positions insecure. Ther.' are several other en-oneims statements in your article, with which I shall leave others to deal. I am, dear Sir, yours truly, (JEORCE WEIR, M. A., Professor of Classical Literature, Queen's College. Whether such a letter, coutaniing .such aspersions an<1 insinuations against the Principal, and coming from a Professor, is consistent with the good govevument of a Colleg^', or a proper ex- amplc"to the students, I leave to the judgment of the Trustees. About the same time a scurrilous lampoon was circulated in the City against ^[r. Paton, Professor Murray and myself. I cannot trace this trf Professor Weir, but it was nuich of the \ Hftnio Ht.vlo nnil chnnictcr with that fiM.viiiHt Dr. (ioorKo, to which I have iilroa.l.v ulhuh'tl. Arti- des eviilputly fnmi tlu" Hame houvcc, una of tlic i^mv chnracter, were inihliwhcd in tli.' (Innnhh r ncwspapor. At ft nioetiuf,' of the Honatus, wh.'U the fDmluct of Dr. Tiawsou wa« hnm^'ht undi-r consiil or- ation, Trofcssor Weir iictctl in tlio most vioh'nt manner, and uscil ii\siiltn»i,' iiv.irtu.v;;: t;)'.v:'.vl,' mvKi-if. He was miiity of iiisiilionlination in refusing,' to Hummon ft moetin),' at th<^ timo I.'ns Chairman, re.iucsti-d him to do so, and called a meeting, withont any inithority, at a timo most convenient f(n' some movement in rejVrenee to Dr. Lawsou. He was further piilty of in- suhordination in refiisiiif,', at a late meeting of SenatuH, to inHcrt the name of Mr. Dell in the H(3dorunt, on the ;,'r.nind that the Statutes were ille^,'al wliich ^'av "Mr. I'.ell a seat at the Hoard. Again, the matter of tlio Clrammar Htdiool has l)een b-.oujiht uy. Mr. May was recently ol.li^'ed to leav(! from parents withdrawing' their children ; not, 1 believe, from any want of coiiti- denco in lus talents, hut from the discredit his c(mnection with Mr. We!" cast upon tlie school. His dopaituro was again the occasion of Mr. Weir's organizing an ojiposition to the (iruiiiniar School. Jill. IIKI.I.'S .\l'l'OlST.MKNT. It was Mr. Boll's aiipoiiitment that brought matters to a crisis, and reipiiied a general meet- ing to be held now. instead of at the end of the Session. Hitherto Mr. Weir, and those who act- ed" with him, had succeeded only in stirring uj) the students to occasional outbreaks; but they at last succeede.l in i)roducing, in" tlie :\[edical ["acuity, a state of chronic disturbance ; and I may mention in i)assing, that the Arts and Theological students have, so far as knowuto me, allact.'d witli marked propriety ; and it is pro|..'r also to state, that the Divinity Hall had not met whi'ii the riot(ms mctijig was held in the Convocation Hall, so that none of the Divinity Students ar(^ implicat.Hl. Whatever may be tlie secret intluence on the minds of the Arts and Theological students, there has boon no known breach of the laws of the College. The recent disturbancen have l)een all in the :Medical Faculty, and even there only a few are implicated, but thes.' few have been sullicient to ki'cp, for some time, Mr. Dell's class in a state of disonh'r. The opposi- tion to Mr. Bell's appointment is readily understood. It is generally believed that Dr. J,awson s lesi.'nation was merely a plan of Mr. Weir, and his friends, to compel the Trustei's to rescind the Statutes, and so give liim a triumph. It was imagined that Dr. Lawson's loss would bo fatal to the College, and that rather than lose him, W(! w.mld undo our own Statutes. Mr. Weir, m ■ order to show how hop.'less our case was, stated to one of my colleagues that Dr. Da«s.,ii was to write home to Dr. Balfour iK.t to recommend any (me to the chair. No ordinary disappoint- ment must therefoie, have been felt, when Dr. Dawson's resignation was at once and gladly accepted • and when, in addition, a Lecturer, certainly m>t of less talent or i-romise, was at once ai)pointe.l The Colh'ge has not oidv benefitted by the change, but Mr. Weir lost by tar the most influential member of his party. It was to frustrate' such a resuM, that mnuis were taken to stir np tin- students against Mr. Bell As 1 uudevstand ^fr. Bell intends giving an account ot tlK' manner in which Mr. Weir and his party .tVect..! their obj.ct, I shall not e-t.T up(,n this subject It is not surprising that students sli<,uld be t.'iupted to act m a disorderly manner in Mr Bell's class, when assured that this would be agreeable to some of tlieir rrofc:,.snvs. Of this i nm convinced, that no man could hav dun.' better than Mr. Bell, and that just in i.ro,„,rtion to his merits would be the opj-oMtion raised against him. I have fre.pientiy attended his Lec- tures in the Arts department, when p^M-fc^t order was k.'pt. Though so young, lie has already .riven the most -ratifviug <'vidrHce of his future emineiKV as a heturer and man ol scieuc... He i" ...., Htooa the oriloal thnmnh wl.i.-l. 1... lii.H ,.,ism,l ii.oHt wMy, nn.l hun nivni anipir .vi.l.iu- that ho will provo loyal to tli- (■(.nstitutioii • nU'ov.'inui.'nt ..f thr Cnll.-r. il p. nuun.'tl.v u).- poiutod. Anion" till' six uu'mU'vh of th.' Hmiitus. tlwiv is, with on.' oxcrption, no .livriNit\ of oi.iuion as to tho Hrrious injiin- IVof.sHorWrir luis .Ion,, the Cull. ^'-. and tli.' I.,.)., Irssn. ss .,f tli. ('o11.;k<' pr.miu.nnn whil.- h.^ 'ivnuvinH on.' oi its ..Ilic.Ts. To this .■unNi.tinn, th. s.. ni.iul.. is nmII ^ivo their tcHtiuumy if itMluiiiMl to .io so. Anionn tlw :1. i.lonihh' ivsuUs ..f t;.. tut.' of nlVaiis VNl.i.'h I Imv.^ .1 tail. .1, 1 n.. .1 ..n!v n..-u- tion ii r.'w in wlii.li its injurious intlii.'n.v nniy 1>.' .•l.'aily ivconni/.'.i. 1 Tlu' ("oll.'K"' l"i« s..n..uslv lost in its ni-ulation for .n.h'r .in.l .lis-'iplin.', whi.'h air an.onf,' the most ..ss..ntial ..l..n.,„ts of the «oo.l u-.mu- of au K,lu...tional Institution. In uyd'V to ivta. l and chei'k this injury, promi-t nn^amuvs must at .n ■ !»• taK.n. 2 Vs mi.'ht naturally hav l.....n exi.....t...l, stu.l.'nts >vi!l not att.n.l. Many instamrs ..f this have eon..- un.l.-r n.v ouJ ,., • s„„al n.-ti.... 'CIm. ..ons.qn.n.v is, that s.hW. other ( ..H.'^'.^h are ...Ivanein- rai.i.Uy, our own ..'mains statiunary. Wiiil.' matt.rs r.nia.n as ..t i-r s. „t. would even a Trustor willingly send a s.)n to Que.n's Cnllc^?.'. •i Th.. same eaus..s totallv unlit .au' Coll ^-e from .lisehar^i-'^' ^vhat has always lM;en rej,.anl- ,.,1 us its n.ain f..n..tion. that is, ..f a s.n,inary n,r th.. holy nuni.str.N .,r our Chnr.h. It .s Imnnl.a- th'g to c.onlV.s,s that n.. Coll-,., eoul.l at in-s.-nt. as far as th.- Arts laeulty is ..one..rn...l, s.-rve thi.'church'H imvposo w.nse than its own, 4 It eann..t be nmtt..r ..f surpris.. that th.. i'.ursary S.h.nu. ,..' ..ur Cluu.-h sh.,uhl dro..,. „„d.-rsueh inHueucs, n..r that ..on«n.^ati,>ns wh.. know how untd .mr ( oll;.,e .s lH....mm.,Mo train y..ung minds t.. th.. Holy nunistry, sh.mld !..■ aver.e to eontrd.ntu.g t.. its supi-.-rt. 5 Normustwe.v.md..rif th..Clnnchat H.mn. sh..v.!d n-lW to aid us ^^h..n th..y s.... ns iivrpal.le of i.utth.g .l.)wn sueh thiKrant and seandal.ms ..vils. ,; V (;..vernnient which, at th.. iM.st, is not nn.st fri..ndly, .sill have no .litUeulty in tL liny iu . K> state ..f the Coll.'ge, a sumei.-nt pret.-xt lor withdrawn,- its grant. 7 Th.. st.ite of mv lu.alth will ivn.U.r it a physi.al impossibility f..r m., to ....ntinu.. t.. dis- chargii my .biti.'s unle;s ;..aee and good g..vernment .au be rest.m.'.l. 8 There are bright..uingpr..sp.H.ts bofore us, and mu.h ,uay yet h.. mad.. -^ tli.. exe-lMit 1 ,.;.t within the C..lle.'.. if -nlv w.. tak.. a lirm stand ..t th- i.r.s.nt nu.m..nt. Jhit all the tmint: :;';owe:iess for g..od «-hil- mat...rs ivmain in th..ir pr...... unsatisfa-tory pos.tion. "M m ; AV. Referred t.) in the evi.h. a.... of John Ciari Murray. Hee artiele No. 10 o!' .lucuments ..a.dueed by I'laintilV under ..r.l-r fur produetlon. ' s, Mr. Woods, and Medical Students generallv. 20 1^« ill 80 li. lusultiug eouduct towards me iu Suiiatus— can be proved by Professors Murray aiul Mowat. 15. Summouiiig a meetiug of Senatus without authority— can be proved by Professor s Murray and Mowat. 16. Eefusing to insert Mr. Bell's name in Sederunt, on the alleged ground that the Sta- tutes were illegal— can bo proved by Professor Murrhy. 17. Calumnious charges contained in Lampoons in the Ohhe and Grumlk'r newspapers, and in anonymous Letters, attributable to the conduct of Professor Weir, if not to his direct agency or procurement. 18. Opposition to Mr. Bell's appointment. 19. His general conduct as being highly injurious to t.:; welfare of the College— can be spoken to by Professors Murray, Mowat and Bell. IM '■ A. A. ■' Eoferred to in the evidwice of Wm. Ireland. To the Hon. .John Hamilton, Chairman of the Board of Trustees of Queen's College. De.vu Sir,— I am under the painful necessity of requesting that, as soon as convenient, you will call a meeting of the Board to investigate a certain grievous charge which Professor "Weir has been making against my moral character. I have delayeil f. ir some time to make this application, from the impicssion that Professor Weir was about to move in the matter. But I cannot in justice, either to the College or myself, forbear any longer to bring the business l)eforo the Board. I am. Dear Sir, Yours truly, Kingston, 17th Oct., 181)1. JAMES GEORGE. " B. B. " Kefen'ed to in the evidence of Wm. Ireland. DE.vn Sib, — Kingston, Oct. 2nd, 1801. In answer to yours of the 18th inst., asking for a statement of the charge which Professor Weir has been making against my mo. il character : I have to say, that on the 9th ult. Professor 1^1 11' te- ll .!■-' : 81 Weir wroto me to this effect— that his sister, who left this country for Scotland about seven years ago, after her return to Scotland gave birth to a child, and in said letter he accuses me as the father of this child. I have good grounds also for saying that Professor Weir has made the same statement to several persons since his arrival in Canada. This then is the unutterably painful business which the Board will have to take up. I am, dear Sir, Yours truly, Mr. '^^'illiam Ireland, JAMES CiEORGE. Sec'y to the Board of T. Q. V. \¥ C. C. " Referred to in the evidence of 'Wm. Ireland. Kingston, Nov. 11th, 1801. My Dear Sir, — I have to request that, as Clerk of the Board, yun will communicate to me the deliverances of the Board on the 7th as to my business. And I have more especially to ask for copies of all papers or documents w^hicli have been tabled or lodged against me, so that I may have suitable opportunity to reply to them. This fair request will, of course, be rcadilv con. plied with. I am, dear Sir, Yours truly, Mr. Wm. Ireland, JAMES GECPvGE. Sec'y to the Board of T. Q. C. " D. D. " ♦ Referred to in the evidence of Wm. Ireland. Kingston, Nov. loth, 1801. My Dear Sir, — I thank you for the documents you sent me on tlio I'ith. I am sorry to trouble you, but I would take it kind if you would be so good as send me authenticated and correct copies of the letters referred to in Professor Weir's statement to the Board. I mean cojties of my own letters as well as his. I am, my dear Sir, Yours truly, JAMES GEORGE. Mr. William Ireland, Sec'y to the Board of T. t^). C. 82 " E. E. " Referred to in the evidence of Wm. Ireland. To the Chairman of the Board of Trustees of Queen's College. Dear Sin,— I now stato in writing what I stated verbally yesterday to Principal Leitch and Judgf> McLean, that it i i my intoution— an intention I havo had for more than ten years— to re- sign my situation as Trofcssor in the College, which I now do, this resignation to take eflect at the close of the session. This step I am induced to take more especially from the discomfort and painful feelings I have had in time past in certain matters connected with the College, and also from a peculiar condition of brain affection with which I have been for a considcral>lo time affected. I ans, Dear Sir, Yours, truly, JAMES GEORGE. iM ^;hj " F. F. " Referred to in the evidence of Wm. Ireland. Kingston, lltli December, 1801. "WM. Ireland, Esq., Scc'y to Board of Trustees of the University of Queen's College. De.\r Sir, — After considering the subject of the interviews which I had with Mr. Justice McLean ancftho Principal, I have resolved, if need be, to adduce satisfactory evidence in support of my sister's uniform and solemn assorvations that Dr. George is the father of her illegitimate child, ajid I respectfully request the privilege of appealing before you to make out a prima facie case. Yours, sincerely, GEORCiE WEIR. " G. G, ■' Referred to in the evidence of Wm. Ireland. Kingston, 11th Dec, ISGl. Wm. Ireland, Esq., Sec'y to Board of Trastees of the University of Queen's College. Dear Sir,— Would you kindly furnish mc witJi an extract of the Minute regarding Professor George's complaint against me V Yours, sincerely, GEORGE WEIR. Ilel Mv De,^ to my I greatly Mr. Wi Ee WiLLIA Sir,— IV coiiosi; of Quo( me aga me to ' made i uature sliowu submit PROFES Su vioiisly you— ii II is mv tl Tc 83 H. H. " Ilefcrrod to iu tho ovidi^ucc of Wm. Irelaiul, Friilav Afternoon. My Deau Sii!, ~ I will not say that I am anxious to know what the cleliverauco of the Bo.inl was in rofeieuee to my business. I expected a commuuicatiou from you to-day, but none has come. You will greatly oblige me by sending the deliverance this evening, or as soon as you conveniently can. I am my dear Sir, Yours, truly, Mr. Wm. Ireland, JAME.S GEORGE. Sec'y to the Board uf Q. C. "LI." Referred to iu the evidence of William Ireland. King.stou, 0th November, 1801. WiLLIAJI IliEL.\ND, ESQ., Secretary to tiie Board of Trustees of the University of Queen's College. Sin,— I beg to acknowledge the receipt of your letter of the 31st ultimo, enclosing copies of a correspondence which has taken place between yourself, as Secretary to the Board of Trustee s of Queen's College, and Professor George, relating to an imputation said to have beeu made Ijy me against that gentleman, in a letter addressed by me to him some time since, and calling upon me to " place belore the Board, in writing, the charge or accusation which, it appears, I had made igainst Professor George, and to substantiate same." I beg to say in reply, that the nature of tho imputation which I am said to have made against Professor George will best bo shown by the correspondence which has passed between us in reference to it, and wliich I now submit to the Board of Trustees. It is as follows : Copy '!>' ini/Jirst h'tlrr (d rro/rssor GuDyc. Kingston, 31st August, 1«01. PuoFESsou Geouoe : Sii!,— During my visit to Scotland I became acquainted with circumstances which had i)re- viously been carefully concealed from me, and wliich render any— the slightest intercourse with you— impossible. You cannot fail to know what these circumstances are. I have in consideration, and am taking counsel, both iu Scotland and in Canada, how far it is my duty to make tliesj the subject of investigation iu the proper quarters. I am, Sir, Your obedient servant, (Signed,) GEORGE WEIR. To which the following reply was received by me on the 2nd ir'eptember, 1801 : 21 nn- I PllOFES,' Sill Scotlan from Li PllOFES: Sll ansv/or In not whi Uu bring a " ilrlfciii but for the Col for yea termini mind tl closes 1 PUOFES Sji first no a chilli hour ol that yo the sliji Af plain (1 before your cc Kinp;stou, Mouiliiy. PllOFEHHOU Wtin : Sin, — I have to deuiaud au iustaut aud explicit Htatouieut, as to what you have Icarniil in Scotland as to mo, which rcudcrsi it impoasible for you to hold any iiitorcou-.'.se with me. I am. Sir, yours, etc., (Signed,; JAMES (}E(JH(IE. A week from this date, although I had seut no answer to the above, I received the foUowinj^ from him : Kingston, 9th September, 1801. riioFESsoi! Weiu : Sill,- I have waited suflicioutly long for au answer to my note of the second, yet I havi no ansv.-er from you. In your letter of the 30tli ult. you hint lU certain steps whieii you intend to take. I know not what you mean to do. Hut iu reference to wluit " U'ar" the air of a tlueat, I have merely to .say, that if you shall bring any false charges against nio injurious to my eiuiracter, you may rest as.sured of it I shall " dcO'vwl" myself to the uttermost — and that, not from a mere regard to my own self-interests, but for what I owe to interests " iii/inifh)" higher th:ui my own. As to my future e(>uneetion with the College, that is, indeed, to nie a small matter. My connection with that Institution has been for j-ears i)ast, on many accounts, so unpleasant and painful, tha*- I have long wished it should terminate, and I have resolved it shall terminate at the close of the ensuing session. But never mind that. Proceed to carry out your threat, if you deem it proper to do so. This, of course, closes my correspondence with you. I am, '^'r, yours, Ae., (Signed,) JAMES GEORCE. Cull)/ of mij Seroml ktter ^■ Dr. Gi'iikji Kingston, 20th September, luot Oth, as in his letter to Secretary of Trustees', 1801. Professor George ; Sir,— I think it right to give you now the explicit information which you denianded in your first note to me after my return from Scotland. Wimt I learnt in Scotland was, that my sister Ijore a child in March l8.jo — a sou — at this moment a living image of yourself, and known ht>m the hour of its birth only by your nanu^ — of which child she has uniforndy and solemnly athrmed that you are the father. Surh being the case, I felt it my duty at once to inform you that any — the slightest intercourse — with you is impossible. After further and full consideration of the matter. I have madr \\\) my n ind that it is my plain duty to tlie Institution with which we are b(jth connected, to pri'fer a charge against you before ilio Trustees, for the wrong, the deep, irreparable wrong you have done my sistei- un!e.s.s yoiu" connection with the College is at once terminated. h f*^- ! I n I mil (IcsiifiuH of uvoidiii},' publicity, not only for family reasons, l)ut in tlio intfrontH f>f tlio Clmu'li ami tlic Cullc j,'i' ; l>ut sucli ii fi't'linj,', tIioui,'li iiiitnral, must aiid hIiuU, if iit'od lie, yiiM to the iliftiitts of duty. Sli.iuM ynii, tiicicfoif, iicisiHt in voir intention of not rt'tirinj; fi'om '!n) Collcj,'!' niitill the iii'l of tiic Mssldii, iiistfuil of at onco iloint{ ho, I shall feel myself olilif^ed to lav the wlmlf iiiatti r licfuic tin' TriistrcH at once, and also to take sucli le},'.il ]>roci'edin^'s an I inav lie Milvisi'd. In sudi case, tin re need l>e no delay in luinj^'inj,' tlie matter to a - oncliisinn, as mv' sister's evidcniN , as also the evidence from documents hearing un the suhjoet, can, as I have asct'itaimd on tli'' l"'st lc;,'al aiitliority. be taken in Scotland on written interrof,'atcirics, umbr a C'omiiiissiun, . I nad in Couit h' re, to substantiate the char;j;e. I am, Sir, Your oliedieiit siTVatif, (.Signed.) (iHOlUiKWKlPv. ('•■I'll ';/' Pi'nfissi a> :■ s Ih^fl hllr,- I,, 1,1. Kinf^ston, Thursday evening. PUOFESSOI! Wl.II!,— Sir,.— Vour letter of to-day i*^' snfliciently explicit. No, never. I would rather bo " ch.vi.i," to pieces than do what you propose. No, Sir, I ar> not guilty of what you lay to my charge. If I wi le, and denied tlie eharge, tliat were indt ed a far grciiter oU'ence in the sight of (iod, than even the crime of whicli T . ni accused. lUit y(ai assume my guilt, ami wisii me to ass , nor is it needful, as you seem resolved that tiic matter shall be tried by the competent tribunals. >Vell lie it so, if you think that th . ends of justice, and the interests of the College, and of religion, demand it. I sliall give m! expression to my feelings in such a letter as this. I shall merely say, that it is indeed a most grave matter, and will assuredly have grave issues, go as it nmy, if it goi's to the public. I am not insensilile as to what you say as to publicity ; yet, Sir, I would rather a thousand times hav, the utmost publicity tiian secret surmises as to siu'li a cliarge. Do as you deem right. I have no move to say. I am. Sir, yours, ttc., (Signed,) JAMES GEOllGE. It will bo seen by this correspondence, that I contemi>l . the necessity of bringing the subject of it under the consideration of some competent authority, at some future time, but tliat I had not indicated the time when, <>v the tribunal before which I might eventually think it ex- pedient to submit it. I am aware, however, that the 15oard of Tiustees lias ample authority for assuming the right of investigating it in the way indicated in your eommunicaticjii, and I clieer- l\„'y yield that obediene..' to tin ir command, which, as a Professor in the College, is proper on my part. It will lie necessary, notwithstanding, that suflicieut time bo given to mo to obtain from Scotland, in a proper shape, the evidence which induced me to inform Dr. Gem-ge that "I could hold no intercourse with him." I'pon which communication, when, as yet, I had made no accusation, hv jiredieated that I intended to bring •' Charges against him, injurious to his cha- racter," and threw out a suggestion that he intended to terminate his connection with the College it tlie ( nd of the ensuing session. § m I shall use all diligence to procure this evidence, and shall submit it to the Board of Trus- tees as soon as I find that I have it in a diape proper for investigation. Several weeks, or per- haps months, must elapse Viefore this can l)e accomplished, hut I beg that yon will assure the Board of Trustees tliat no time will bc'lost on my part. I have the honour to be, j-ours truly, (iEORGE WEIR. tl "K. K.' Eefcrred to in the evidence of John Patou. To THE H()NdIlAl!I.E AlEXANUEH Ca.MI'I'.EU.. (Juitn's College, 1th Fibruary, lSG-1. Deau Sin, — I beg to iijiply to you, as Counsel for (^luecn's College, for your c^iinion on th^. following points : T am. dear Sir, yours truly, WILLI.OI LEITCH. i* 1. Have tho Board of Trustees of (Queens 1. Yes, I am of opinion that the Trustees College power to dismiss a Professor of (Queen's have this power, subject to general rules men- Co'.lego on their own motion, without a com- tioned iiereaftor. plaint. '2. If so, what procedure should be adoiited, 2. Tho proposal to remove must be consider- and what if any formalities should lie retiuiri'd. ed at a duly convened meeting of the Jjoard, and the di-mis-^id be In- rcsoluticm, or under seal, (as tli(> appointment wasi if the jiroposed remcjval be for '•((//.«■, the meeting of the Trus- tees must have been duly convened for ihe purpose of hearing the case, and the accused must be summoned before tho Board, and heard in his defence. If the ])roposed proceeding be to rciiKjVi', at discrution, these form.alities may be omitted. A removal without complaint, but for cause, if that cause was a suHlcicnt one, would not entail the payment of any salary after dismissal. \ dismissal at discretion, would entail a liability to pay the Professor dismissed comjiensatioi; by way of damages, unless six months' notice of the intention to dismiss be givin him, ending with his ye: r. Six months" salary, or sahiry to the end of the current year of his engagement, if more tluiii six nunitlis of it remained unexjiired, would bo a roason.ablo compensation. 1 think tho hitter cortainlv would. ■ LI grc 87 3. What grouuds will justif}- such rt?moval ? 3. A Professor of (Jaeou's College is, as such, a miui.sterial officer of the Corporation, ami has no franchise in his othce which is not of the essence of tho Corporation; he may, I think, be anioveil from it at tho i)leasuro of the Trus- tees, subj'.'Ct to the general rules of hiw alVect- iug all contracts of hiring ami service. If dis- missed without cause, he is entitled to six mouths' notice, ending with the year of his (>n- gagement, or to compeusai ju in money. I say six months to be on the right side ; three might do if his salary was i tyable iimirterly. If the amovnl is to be for cause then any oti'ence against the duties of his otrico, or tlic common inierest of tho Corporation, incapacity, insub- ordination, Aj., itc.,woul i Ix' sufficient grounds if the amotion bo the simple oa rciso of the volition of the Trustees. No grounds are of course necessary, but tho Trustees give six mouths' notice, ending with tlie year of the en- gagement, or pay compensation. I do not think the concluding paragraph of the 1-lth Statute in any way alters the general rules of law as regards contracts made prior to the enactment of the Statutes of LSIm. '1. Is there any grounds. ut^cd for recording such ■1. If the proposed proce(Hling is to lie simply an rxi'i\'ise of the discretionary pi wci- of the T''ustt'i's, I d', "lot tliink it necessary that the grounds thereof should be recorded. If tho pro))osi'^ proceeding is to be for caust', u'itLer upi.>u ( uniplaint, or on the mere motinii of tli(^ Trustees.) the grounds should be reenrded ; in the fi' r.er ca-e the Charter is i alterative. 5. If, after removiniT a Profes.-or without n, complaint, it was found that such proc dure was illegal, would it be competent to institute a no- encjuiry by complaint in reference t : the same charKcs. ». i 'iiiuk it would be cou{ie*-int, in the sup- pi ;-;i\i.uis case ptit, to try the , i.Y,.sed Professor 'li.iti a con,'" plaint ttnder the Charter, and t!ie rjth Statute. His status, as Profess' 'v. wouhl in that c.ise remain intact. >id)ji'ct to the "fsult of <\at trial. C. On the supposition that a Professor can lot "• 1* ''^"^'^ ""^ '"' i'i"'l''i^'^^ ngagement. A. CAMPBELL. '\\'ILLIA?i LEITCH. Kingston, t't.'bruarv Stii, iHfi-l. m Si ' . 1 WH: 88 " L. L. " Referrcil to iu the eviileuce of James Williamson. Montreal, 28 February, 185o. EkvePiKN'd Pkofessou Cteof/ie, auil the otlicr Professors Queen's College. Dear Siks, — You will bo glatl, I have no doubt, to learn tliut the Committee appointed \>y the Synod have succeeded in effecting ii favorable arrangement with the (Tovernment, for the commutation of the Ministers' allowances, the nature of it being, that we will be able, without touching the l)rincipal. to pay all ministers placed before 9th May, 18.33, £112 10s. per annum during their lives or incumbencies. We think also that a satisfactor\ arrangement will yet be made for those inducted after that period. One pleasing feature of the bargain is the securing Queen's College of .£oOO a year in per- petuity; this was done with the consent of the Crovernment, by putting the £300 paid to the College by the Commissioners of the Reserves Fund, as an allowance of £12-3 to each of the four Professors, and commuting with them for that sum. For this purpose I enclose the necessary papers to each by mail, and you will please com- municate this letter to them in explanation, as the labour connected with this matter is so cn(jr- mous, I am unable to write a letterio each, which I would otherwise do. Please let each execute these papers as directed in the circular letter, befcjre witnesses, and make atlidavit as to age, and return them to me by mail as early as possible. I am, my dear Sir, Yours, sinccrelv, HUGH ALLAN. If anything was to happen tlie College, the annuity would be paid to the Professors in- dividuallv. " 1 M. •' I'u'ferred to iu evidence of J(jhn C. Murray. Montreal, Sth January, 1802. Demi 1)u. Leitc i, — I received your letter in due course, and had been cmsidering the (piestinu. On retlection, I do not think that the Board would be justified iu limiting its powers l)y .uaking all its ottioes life offices, a thing unknown in any other corporation iu this country, if no such limitation actually exists. I therefore suggest, as the matter is an important one, that the Executive Com- mittee should submit the case I enclose to tin.' Hon. J. H. Cameron, of Tonuito, and Hiui. O. Mowat, and obtain their opinion, which woiild settle the i latter with all reasonable men. I hohl a strong opinicm on the matter myself, and I am saiistied that we would intiict serious injury on the College liy surrounding it with perpetual otlicers. Professors and Janitors stand on the same footing imder the Charter. I suppose the course suggested will cost, Hnhaps £10, and it will be well spent. I cannot promise to be in Kingston on the 27th. I am told that Parliament is to meet on the Ijlst, and if so, I will have much to do in preparing to leave home. Insi, avid ri';,'r(ttiii;^' my iiial>ility to iiifct yonr views, Ynur<, truly, (Sipied.. " A. MOintTS. Heforrcd to in tiif rvid'iico of Joliii ('. Murray. •jvtii Sr;.toiniicr, isr.:;. (^lllrln'C. :\Iy Df.ar Sia,— As I find I cannot attend tlio niootin;^ ol' tlie Jj'>a.'d of Tru.stcos relative to 'lie Statutes, I now \vrit(! you to explain my views. I am (piite jii-epared to assume the respiuii-iMlity for the Siatutv', (10.) ref> ning to the Pro- fessors as 1 su.Li;;,'eHted it. It is taken, in ed'eet, fn^u theMct lill t'olie,i;i' Statutes, and is, so far as I know, the ^vnerid rule in f(nve in Canada. I do not, however, undersfuid that it is retroactive in its action, but T lieliove it in effect states the a-tual iio-ilioii of the Professors relative to the Trustees. ','^\\\, iis the rule; for the future is a f;-ood oni>. thi're wuuld he no ulijection to a provis.T declaring that the Statute is not retroactiv(\ I hold siruiigly hy iii.- Statutes V) a.nd 1 1. I'lie la-r simply declares the incidental power which the Trustees, as (i.ivoriier, em[iloy of di'aling with th'ir otiicei's on their own motion and authority, 'i'lie Ditli jirovides for the action to he taken in the case of a Pmfessor, Student or memher of the Church ai)|)lyinL; to tlie lioa.rd for redress as against an ollieer. Tli(! Hoard hav(! the opinion of the Ifon. A. ( amjilieU in favor of the i'lejdentid power of the Board, .a.d 1 hope they will not surrender it. SouH' of till' amendments sought ar(> not of much importance, and others may he dealt with in a coiu'iliatory s[)irit, l)ut there is a disjiosition to magnify tic power', of the Senate. Let it he Ixn-ne in mind that the Ciiarter creates the Senate a Court for the exercise of academical superinteudeuci^ ai.d discipline over the Students. S^c, hut " with such powers for maintaining order and enforcing ol)edience to the Statutes, Pules and Ordiuajices as lo l/,c soiil Pi'iOi-if mail ■■<((', II iiii'il ami iirrfssarit.'' Clause 'li. — It is for the Board to say wliat powers it chooses to give tln^ Senate for the purposes tin; Ciuirt of the Senate was intended to cfl'eet. The simjjle fact is, the Trustees are the (iovernors, and the Senate arc suhordinate to them, and tlie sooner the relative position of parties is nmlerstood, the hctter it will l)e for the in-titution. Yours, truly, ! Signed I, A. AiOpjns. m -I ' :5 M. ■' Pefc'rred to in the evidence of John C. Murray. Quehcc, 2.'>th Sev.femher, 1805. My Dead Sir, — I have yours of the '2-2nil, and am glad to learn that your trip was so pleasant. 1 had laid aside the papers ic the College for perusal at a quiet momeut. wiiieh lias rever % i ■ t ^m 1 1 I^H 1 i H 1 i coi am Pr( •2fi1 an u- M co: th( a 1 stv op ■\vn ha tic m coiuo. My utteiulauci! will he coutiiigciit uiioii my tlutics here. Mr. Allftu is willing to attend, anil lie is qnitu a, match for Juilgc Malloeh ; Jroj> him a note on the subject. I have hail two lung letters from Dr. I'njuhart, but have not hail leisure yet to reply to him. I will write ynu again when I can see my way a little more tlearly. I enelose you a letter from I'aton in the subject of the Mission, with two notes from Professor Mitchell. Ptrhuiis yciu hail better Imld a meeting of tlio Executive. 4 M." Tieferred to in the eviilenco of .lohii C. Murray. " Time to bo agreoil on " : Provided, however, that t<;nurc of any office to wliich ajiiiointment was made ]irior to the '2)!th day of .January, ISDii, bidl be regulated and governed by the terms of such apijointnuuit, and tlic nature' of the unibrstandiiig and agreement in regard tliereto. Or more simply — All otHeers li, In- hircufli-r (iiijioiiilfiJ shidl have their duties, ite. " r, M.' lleferred to in the evidence of .Jolm C. Murray. Kingston, Canada, 13th Sept., ISr.l. Mv Dkau Hri! : I hast'Mi to acknowledge receipt of your official reply to the Resolutions of the Poard, also the kind private letter accompanying it, and two letters received previously. We now understand perfectly your views and wishes, and T lose no time in stating that your conditions will be granted purely and simply, and tlie requisite resolution forwarded l)y the Canadian steamer leaving (Quebec on the "Jlst inst. Previous to the meeting on 8tli August, both Mr. Hamilton and myself firmly believed that the conditions in your letter would be granted. We saw and obtained the consent of more than a majority of the Trustees, but, unfortunately, the Trustees whom we saw were so confident that this would be done i.t once, tliiit they diliil. My reasons for giving you those (letniI^ is to nhow lliat you can now make your lU'opnratious for loaving. Every day is c'' the utmost importance, nuA we hope to welcoiiie you hack na soon as you pDSNJlily can get away from Sedtlaml. Had wo understood, .is well a.s wo now do, yoiir decision :iiul views, all this delay would not bavo occurred. None of (he Trustees regard your ollice as held nt jileasure of the Hoard, and the 1 .^umeiit used at last meeting was, that yim held your oftiee on the same tenure, or, at least. quite as llrmly as any Minister. Now, however, that your dillieulty is known, it will lie at once set at rest. Our iirst Kcsolutiou embraced all that you required, and applied to all sources of rovcuue, cxcejit fees. * * # # # Vcrv truly yours. Eov. Dr. Leitcii. JOHN PATON. GM. Keferred to in the evidence of John C. Murray. Deau Dr. Leitch Montreal, 1st August, 18(51. I t.ake advantage of a moment of comparative leisure to write yon in relation t'^ your last favour. In the event of the Trustees acceding, which is likely, to your proposal, I think you ought at once to feel that you are the pernuincnt Principal, and resign your charge. As long as you hold it you will not feel permanent. We always regarded it as a permanent appointment. A special meeting of Trustees is called for next Thursday to consider your letter. Faithfullv yours, A. MOPJILS. M." Eoferrcd t j in the evidence of John C. Murray. Toronto, oth August, 1861. Mv Deau Sm,— Mr. Paton informed of your having written to him, expressing some desire to have an assurance that your situation in Queen's College would bo a pcrnmnent one, in the event of a union being brought about between the several branches of the Presbyterian Church in Canada. Now, I must confess that I never imagined that there was, or could be, any question on that point. The Trustees of Quoe I's College, under the direction of the Synod, never could have supposed that any gentleman, competent to fill the situation of Principal of (Jucen's College, could be expected to leave a permanent provision, and forsake his own country and friends, upon 23 Ilii' m: IMAGE EVALUATION TEST TARGET (MT-3) / O M 'Jx i/. 1.0 I.I 1.25 150 ""1^^ 3.2 M IIM 1.8 1-4 i|!lli.6 ^ iw 1 tf Photographic Sciences Corporation €^ '% •^-^-"<^.1^ sis 6^ k 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 872-4503 ^\ '«b 4r te ■i '^ X y i^HI II 1>2 tho chance of Ijinii^; ictaiiiod in office hero for an uncertain ix'iiod, depending on sonic enntin- goncy -which nii;.!;ht lie lirouglit aliout, Init wliich was not even thouglit of wlien you consented to accept the proposition made to you. I ain only surprised now that a doulit could have suggi'stod itself to you ou the sul)ject, and must think that sou\o kind friend who is anxious to retain you as the occupant of Moniiuail Manse, or some other pleasant resii'.ence in your " ain kintry,'" has started the doubt for tho purposo of showing t)'o greater certainty of your position in .Scotland than in Canada. Wo thought that after some trials and disappointments we had at last got a I'lineipal whose heart would bo in his worlc, and from all we have seen and heard, arc not likely to bo disap- pointed. It is not, therefore, very probable that, oven for the sake of Church Union, (,)ueeu's College will be placed in jt -pardy. A unicu may take place, but in all probability at a di-taut day ; there are many obstacles in the way, but this you may rely upon, that (.^ui en's College will uoi bo loft to the tender mercies of parties who know nothing about it, or who may have their focliags engaged in favor of a .v/c/;'// institution of their own. The present Presbyterian Church of Canada, as it has been called, I stnnigly suspect, would be delighted to have (^)ueen"s College instead of Knox's. If ever a union does take place, the Principal of (,)ueeu's College will have no reason to fear that his situation will be injuriously affected in any way. I shall be happy to see you back in the Autumn, as contemplated when we parted at Kingston. In the meantime, allow mo t(J wish you much pleasure among your friends. I am, my dear Sir, Yours, Very truly, (Signed,) A. McLEAN. liKv. Praxcir.u. Leitcii, Mominail Manse, Ladvbauk, Scotland. " 8 M. " Eoferred to iu tlio evidence of John C. ^Murray. , , Queen s College, Kingston, Canada, 9th August, 18()1. My De.vu Dii. Leitch,— Enclosed you will receive a copy of certain Resolutions adopted at a very full meeting of the Board of Trustees, this day, in reply to your letter of tho lOth July. As I write within a few minutes of the close of the mail, I cannot enter into explanations at such length as I would otherwise have done, but I cannot allow the enclosed to be sent otV with- out assuring you that these Resolutions met with the unanimous and cordial concurrence of the Trustees present, and I have good reason to believe would also meet with tho hearty approval of those absent. I am instructed to state that the Board ncner contemplated the reduction of the salary of the Principal, and would not now have referred to it Jbut for tlio reference in your own letter ; and with regard to tho permanency of your position as the Principal of the College, the Board have the strongest conviction that nothing likely to arise in the history ol tho Province could render it precarious. Earnestly hoping that the reply of tho Trustees will prove satisfactory to you, and will 1 1' If »rfia^Pf » :, 1 ^ ! 93 relieve your mind from all anxiety or doubt with regard to the socurity of your appointment as Principal, and looking forward with pleasure to your return in duo time amongst u.s, I remain, My dear Dr. Leitch, Yours, very respectfully, (Signed,) JNO. HAMILTON, Chairman of the Board. To the Eev. Db. Leitch, Principal of Queen's College, &c., &c. m " 9 M. " Referred to in the evidence of John C. Murray. C A S F . The Charter of the Queen's College gave to the Trustees " full power and autlioril}- to elect, " and appoint, for tlio said College, a Princi]>a], who shall ho a ^Minister of the; Church of 8cot- " laud, or of the Prcsljyterian Church of Canada in cininoction with the Cluirch of Hcothind ; " and such Professor or Professors, Master or Master.-*, Tutor or Tutors, and such other officer or " officers as to the said Trustees shall seem meet." (Vide Charter.) A subsequent clause provides, that if any complaint respecting the conduct of the Principal or any Professor, Master, Tutor, or other Officer of tln' said College, be at any time made to the Board of Trustees, they may institute an en(iuiry, and in the event of any impropriety of conduct being duly proved, they shall admonish, reprove, susjiend, or reinovo th(! jiersun offending as to them mav seem good : provided always that the grounds of such admonition, reproof, suspension or removal bo recorded at length in the Books of the said Board. Difference of opinion having arisen as to the powers of tlr- Board with reg.ard to removal from office, and the nature of the appointments tlicrcto, advice of Counsel is sought on the fol- lowing points : Q r E S T I X S . 1. Have the Board the power, under the Charter, of ma'cing app :)intmen':s to Professorshi])s and other offices " during pleasure," as the appointments in the Canadian Colleges are ordi- narily made, or upon such such other terms as they miy agree upon with tho individuals appointed, or are the appointments made by the Board necessarily life ap;iointments? 2. Have the Board the ordinary power incidental to Corporations generally, of the removal from the appointment of Professor, and other officers, for insubordination, incompetency, or other good reason, and that without the necessity of a " complaint" ; or is the provision as to a complaint in any way limitative of the power of removal? 3. Does tho complaint referred to in the Statiito not chiefly refer to complaints made by Professors, Students and others, against officers, rather than to action by the Trustees of their own motion against such officers, under their general powers as Trustees of the Corpora- tion? May the Trustees, of their own motion, remove without any judicial enH M ■I. What is the nature of tlie })root' of iinpropiiLty of ooiuluct coutcinplatod l)v tho Charter by the words " duly proved," and must such proof be on oath, and liow ought it to bo received and taken ? ;j. ShoukI it bo held that the Principal and Professors, when appointed simply on tho tenas of tho Charter, enjoy a life ttniire, and can not be removed except by the judicial jirocess laid down in the Charter. Will the same hold in resjiect to Lecturers, Tutors, Secretaries, Librarians, Janitors, Vc. ; or does the circumstance that a quorum of Thirteen is required for removal only in the case of a Principal or a Professor, ind'cate that the above suliordinato oflicers hold their office oidy during,' the pleasure of tho Loard. " lU M. "' Referred io in the evidence of John C Murray. The I'niversity, Kingston, C. W., 180 . My Deau Siii, — I have directed tho Janitor to get your former opinion fro:u tho Secretary, :\Ir. Inland. One object of the enquiries is to know whether wo can make a Statute to the hallowing eilcct : " All officers, except in cases provided for by special engagement, shall hold their appoint- ment only during tho pleasure of tho Board." And in regard to removal, the following—" That officers may l)e removed in two ways : 1st, by complaint. In such tho Board shall act judicially. Tho comj)' •' cr to bo prosecutor, and the charges to bo duly proved and recorded ; or '2nd, by the IJoard taking up the case of their own motion, without a complaint, and without judicial proof, or any record of tho grounds of removal simply .animating tho removal, as in the case of any other Corporation." The above mode of removal is, I think, in harmony with your former opinion. I think your opinion is consistent with common .sense. The Institution would Ijc quite un- workable if tho Janitor, Librarian, Secretaries, Ac., could not be removed without a judicial process, from which there might be an appeal to the civil Court.s. I remain, Yours, very truly, (Signed,) ' W. LEITCH If you tell tho bearer when to go back for your answer, Lo will do so. If we recorded the ground of removal, say theft, without a judicial process of proof, would we not be liable lo a libel for damages V "IIM." Referred to in the evidence of John C. Murray. Toronto, 15th January, 18G3. My De.\r Sib, — I send herewith a form of siimmons to be used in all cases of complaints, requiring an answer to be filed within a certain time in the office of the Socretarv of the Board of Trustees, and then I I »; il t notifying an.l roquiriiig the party to u])iiL'av in person to answer the luattirs of ct)niiilaint at some other tluv to bo nameil. You will see that, in onler to give as nnu'h weight as possil)h>, I i)ro]ioso that till! summons shall bo uuilcr the si-nl of the University, ami lo be signed by the President and Secretary of the Board of Trustees. I most sincerely hope there maybe no occasion for enquiry into the conduct of any one connected with the University, but should there be any such, it will be well to bo able to point to an r^lahU'iliril ni'i\ by which the proceedings )iiiit:l be bound. No hllers, from or to individuals, will then be put forward as the wfiisutidu ninl llir prni,/', and no person will whisper a word of complaint without being prepared to become prosecutor. I have been engaged for some time as a member of a Commission, which sits twice a year in this place, to investigate claims of persons entitled to land as heirs, devisees or assignees of deceased persons, who purchased or derived title immediately from the Crown. The sittings will close to-moiTow. With united best regards, and that He who rules the seasons may leave nmny happy returns in store for you, is the earnest wish of. Dear Sir, Yours, very truly, The Rev. Da Leitch,— (Sig-^ed,^ A. McLEAN. Queen's College, Kingston. " 12 M. " Referred to in the evidence of John C. Murray. To A. B., , of , in the City of Kingston, Principal or Professor (as the case may be) in the University of Queen's College, Kingston. Whereas, a complaint hath been duly entered, in writing, against you, as such Principal or Profes.sor, before the Board of Trustees of the said University, of which a true copy is hereunto annexed ; and icJwmtfi, the said Board hath resolved that the matters contained in the said com- plaint shall be further enquired into and adjudicated upon ; you are, therefore, hereby required to tile, in the oflice of the Secretary of the said Board, at the said University, within — days after the service hereof, your answer to the matters in the said complaint contained, and you are hereby notified and required to be and appear, in your proper person, before the said Board, at a meeting to be held at the said University, on , the day of . next, in order to your defence in the said matters of complaint. liii d3itius3 toljctcof, the Seal of the said University is hereto affixed. (Signed,) W. ir.ELAND, (Signed, J.HAMILTON, Secretary Queen's College. Chairman Board of Trustees. Montreal, 3rd February, ISO-l. "UM." Referred to in the evidence of John C. Murray. Dear Paton : I duly received vour last letter, and arranged with Allan and Mr. Hamilton to attend the adjourned meeting. ' I think it might have been well to have had a complaint based on the 24 It I III :^i Hi T w lottor to " 77.'' Wlii'j" f^i'l till) tiotiiif^ as ScIiodI liiMpeL-tDr, on nccDunt of insiilionliiiiitinn But I would ailvisi', if tlui iiiti'iitioii is to ri.'Uiovo him, to plm-c tho uholti iimttfr ln'foii' Mr. Camphi'll, ami havn a writti'ii o[)iiiii)ii from liim, wlii^'li can lie road at tin- lui'ttiii;^, or to tho Board of TruHtoes, to dismiss ou tiio iucidoiital powers, id dofiniiit,' tho iiroocduro. Whothor Woir be Hummoiiod before the Board, or how ho would suf,'i,'ost to act. Tho Souato ou^^ht to put down insubordination amon;^ tho studonts. I will t. v and prevail upon Allan to luavo ou Monday evening, ko as to give us Tuesday to consult. Yours truly, A. MUlllUS. P. S. — I would issue t'le customary circular from the Secretary of the adjourned moi'tin;^, to prevent auy pleading cognizance of tho actual adjounimout. Let it cover all competent busi- uess. I think CampboU has ^iveu an opinion already, but one in answer to the queries I enclose will justify your actio . and strengtlien your hands at tho ^Joard. "Weir will, doubtless, resort to law; therefore the need for preciv I M) e\ax . r No. 1. Referred to ir the cxaEiiuatiou of riaiutifT taken at Kiugston 2l8t September, 1S04. University of Queeu's College. COrV OF THE TUUSTEE's DECISION' IX THE CASE OF DR. GEORGE. Extract from the provcedin(js at a meeting of the Board of Trustees of the UniKemitij ; im CANTO YII. Tlio wheel of Time revolves n weary year, He ciinnot bo alone — the grey-haired niau ! ! Daughtcr.s grown up to Avoniauhood will net Suflice to be companions of his age. Once more, a //(//(/ Hmv, wedlock's chains he tries, And great had been the nproar and shout of fun To greet his happy nuptials, l)ut for one Whose kindly heart and suasive voice and power To stem the tide of ridicule, and stop The nightly march and merry cliar'i-dri ! And well recpiited was his champion soon — Grasping his hand, he told him he could uvcr Forget his kindly act. And it was shown How well it was rcnuMiibcr'd and repaid, Not long thereafter, when he turned his friend, With wife and little ones, into the street. Because, forsooth, ho dared to write what was The trutli. TruHi often gives one deep oU'ence ; And so it was with our Hliintriiiua/i-ioiil ; For not content with turning out of doors He turned his benefactor frjin liis class. And called him, in his /.(/;//, a salary of six " hundred pounds, under the following conditions : 1st. That if the funds of the 'CoUego "suH'er any abatement so as to lead to a diminution of the salaries of tlie otlur existing " chairs in Arts and Theology, Dr. Leitch's salary may, at the pleasure of the Trustees, be " reduced to an extent not exceeding the pro^jortion in which the salaries of tliese chairs, taken " as a whok', are reduced. '2nd. '.''hat in like manner sliould the funds of tlie College be aug- " nieuted, and tlie other salaries in Arts and Theology be increased, Dr. Leitch's siUary shall be " increased in a proportion not less than the other salaries in Arts and Theology are, as a wlicle, " increased. 3rd. That in the event of Dr. Leiteh being deprived of the status of a minis- " ter of the Church of Scotland, all payment to him ly tl.e College shall cease. -Ith. " That if Dr. Leitch be removed from tlii; office of Principal on any other ground than depriva- " tioii of his status as a minister of tlie Churcli of Scotland, tlie College shall pay hiui a retiring "allowance of not less than two-thirds of his salary at the time of removal." Tiie Board held that the ptn-manency of Dr. Leitch's appointnuuit cannot be called in cpiestion, but, in order {o remove certain doubts on the point, which, it ajipears by his letter, have iirisen in Dr. I,eiteh's mind, the Board unanimously agreed to adopt the following resolutions — on motion of the liev. Dr. Ur(pihart, socondtnl by tin; Ilev. Dr. Machar : — 1st. The Board agreed to tlu first two conditions stated in Dr. Leitch's letter, on the under- standing tliat the increase referred to in the second be from public sources, and not from fees. '2nd. The Board also agreed to the third couu aon.. 3rd. With reference to the fourth condition the Board do not and cannot contemjilate the occurrence of any such contingencies as Dr. Leitch seems to fear may arise in connexion with a project of union, but in the event of such a contingency in connexion tlierewith as would cause his removal from the office of Principal, the Board agreed to guarantee to Dr. Leitch tlu; retiring allowance specified by him. f'lm Ig H^ I i;- w 1 > i ' 1 ■I re wl fir CI fr( /hi th CO in* \V( in ail op pli CO mi reJ Clc ru: qu ivj ah liii cle the in lOG The chairman was requested to transmit to Dr. Lcitch a certified extract of the foregoing resolution, Avith seal of College attached, aecomimuied with a letter from the chairiiuui, a draft of which was submitted and approved. 9th November, 18o9. Tlio Board having entire confidence in tlic judgment of Dr. Barclay and Mr. Morris (con- firmed as it is by tliat of the Coloniid Committee, and by many distiuguislied ministers of tlio Cliurch of Scotlandj as to the eminent qualifications of the Kev. AVm. Leitcli, ministi r of :\romi- nail, for the duties of Principal, did and hereby do appoint him Principal nf Queen's College from and after the first day of June next. 10th November, 1859. Inter alia. ^ The Board resumed consideration of tiio matter at issue between Prof.'ssors (Seorgo and Weir, and having cited tlicso gentlemen before them, and ascertained from Profos.sor Georgo that his charge against Professor Weir, as the ground on wiiich lie had rcfiaiucd from all inter- course with him, was his having countenanced the letter of Mr. P.o.stwick containing a misstate- ment of facts, and manifesting an animus unfavourable to the College, the members of the Board were unanimou.sly of opinion that even on the KU]iposition that Dr. George should succeed in proving all he alleged, he was not justified in the course he had pursued to Profissor Weir, and which had produced, and was producing mischievous results to the College. Dr. Georgo then stated that if, as ho understood, the course he had pursued was, in tho opinion of the Board, likely to injure tlio College, and he was not re(niire(l, as lie also under- stood, to express any cliang<^ of opinion, he was willing to give his liaiid to Professor AW'ir Whereupon Professor AVeir making the like reservation of ojiinion, witlidrew his letter of com- plaint, aecei)ted the proffer and tendered his hand, which was accepted. TIk; Trustei's record their thankfulness that this painful matter has been satisfactorily arranged, and exjiress their confident belief the harmony of the College will not be again dislurbe'd by luiy recv.rreiice t( this misunderstanding. 8th August, 1R81. The Secretary read a communication of date 10 July, ISiJl, from the Kev. Princiii.al Leitch, relative to his office of Principal. After deliberating upon the sulm^et the Board agre(;d to refer the Principal's letter to a coiiiinittee composed of the following gentlemen : Tln' Bev. Dr. Bar- clay, (Convenor,) the llev. Dr. Matliieson, the Bev. Duncan Morrison, George Mallocli, and Mr. Paton. The committee to report to the Board at an adjourned meeting to be iield this evening. r2th March, 1SG2. The communication from Professor Weir, of date 11th March, l^C,2, having b 'en read, refer- ring to the action of the Board on 12th Dec, ISOl, in the matter of Profess(jr George, and re- questing the Board to enter upon tho investigation of the charges against Dr. George, .and to regard him, Professor Weir, now as complainant, and giving reasons for taking this course ; and also stating that he had received no intim.itioii as to how Professor George's coniplaiiit against him had been disposed of by tho Trustees, the Board unanimously agreed to the folhjwing deliverance thereon, viz. : Considering that when the case, to which Professor Weir's letter refers, was formerly before the Board, lie expressly declined to be, or to be regarded as, the formal accuser of Dr. Georgo in the matter refen-ed to ; considering also that Dr. George had resigned his Professorshii), said 1' 1, ;■■ ■ ■' '- s." ■■ ^ ■1^ i 1 107 rcsignatiou to take effect at the close of the session 1801-62. Consitlering further the lonp; and anxious deliberations then given by the Board to the case, and that in view of the great dilHcult^v of satisfactorily dealing with the same by a regular formal proof, requiring the testimony of persons, some of whom were resident on the other side of the Atlantic, and to obtain wiiich, would have involved iengtiioued delay, the Trustees came deliberately to the conclusion not to enter on the formal trial of the case, which, in the then existing circumstances, deemed likely to be protracted far beyond the period when Dr. George's resignation would take effect. Consider- ing, moreover, that this latter difficulty exists with tenfold greater force at the present time when the close of the session of College is so near, and when Dr George will, in consequence of his resignation, be no longer amenable to the Trustees. Therefore, whilst feeling the awkwardness of the position in whit'h Professor Weir places himself, as well as the Trustees, by hi;; declared readiness, at this late period, to be the accuser in the case if it be revived, a position wliich ho had formerly pointedly declined to occu|iy, the Board do not consider that it would be for the interest of the College, nor does it appear to f'om likely to servo any good purpose nmc to re- enter on the case which was regarded as disposed of already, so far as it could be disposed of then, by them, in the circ.. distances. In reference to the inquiry made as to the comjjlaint made by Dr. George against Professor Weir, the Board acted on the understanding that the complaint had been withdrawn. The Secretarj- was instructed to send extract of the foregoing Minutes relating to his com- munication of 11th inst. to Professor Weir. 7th May, 18G2. A general adjourned meeting of the Board of Trustees was held to-day. Present— The Hon. John Hamilton, Chairman ; the Principal, the Kev. Dr. Urquhart, Pev. Dr. Macher, llev. Dr. Cook, Rev. Dr. Barclay, Rev. Dr. Williamson, Rev. Robert Burnet, Rev. Alexander Sjjency, Rev. .John McMorine, Rev. D. Morrison, John Cameron, Alexander Logic Alexander McLean, John Paton, George Davidson. Mr. Patou's letter of 23rd April, 18G2, was again read, together with the complaint respect- ing the conduct of Professor Weir. Moved by Mr. Cameron, seconded by Mr. Logic, and resolved, — That Professor V.'eir be called before the Board and the letter of Mr. Paton road to him, explaining, at the same time, tlic position Mr. Paton assumes in this case, viz. : that he, as a Trustee, lias laid certain charges before the Board, and is prepared to prove them. Professor Weir appeared, accompanied, at his request, and with tlic consent of the Board, by Dr. Lawson. Mr. Baton's letter of 23rd April, 18G2, and his charges against Professor Weir, were again read. 'JlJrd April, 1802. A Ictler from John Paton Esq., of date 23rd April, 18()2, was read, together with the com- plaint, referred to in said letter, respecting the conduct of Professor Weir, which complaint was laid upon the table, against the reception of which Rev. Mr. Bur::et dissented. The following is a copy of the letter : Kingston, Canada, 23rd April, 18G2. To the Chairman of the Board of Trustees of Queen's College, Kingston. Siii,— In accordance with the understanding at last meeting of the Board, I beg to submit a complaint respecting the C(jnduct of Professor Weir, and to request that an inquiry may be in- stituted, as provided for bv the Charter. 27 'i - imm '' t In iliscliarging this painful duty, I avail my.solf the more readily of your suf,'f,'>"«ti'>" that the application should bo made to you officially, as it alFords mo an opi)ortuuity of oxplaiiiiii.L; thf position which I have thus deemed it my (Uity to assume at tlie request of several members of the Board, and also of stating' tho motives by which I am actuated. My complaint is, that Professor Weir's conduct, during,' tho last four mouths, has boon im- proper, disrespectful to thj Board, subversive of order and discipline, and j,'roatly calculated to injure the j'outh of (Jueen's Colle^'o, and the interests of tho Institution. The case between Pro- fessor Weir and Dr. Geor^'e was finally disposed of by the Board on the Pith December last, and it was my duty, as well as that of every indiviibial connected with tho institution to accept that decision as final. I beg, therefore, to explain that tho complaint is entirely basi>d njion what has taken placo since the decision referred to, and that T disclaim all desire to re-opeu the above matter. Most deeply interested in the welfare of Queen's College, I have l)eeii imp'- ■ v-,eil witli the belief that tho ouibict of Professor Weir complained of has been injurious to the Institution, and this belief has been most strongly corroborated by many of tho Trustees. Tiie minds of the youth attending College have been directed from their studies and otherwise iiijiut'd bv such conduct, order and diseiiiline have l)een disturbed, and the peace of the Institution lirokeu. It is indeed a painful duty to complain of a Professor as producing such results, and one from which, uniler other circumstances, I wotild shrink. The facts, however, having come within inv own knowledge, in common with other members of the Board, and a written complaint being deemed necessary, I feel that I should bo unfaithful to my duty as a Trustee did I not act upon tho advice of those members of the Board to wIkjiu those facts were communicated, and thus for- mally submit a complaint respecting tho conduct of Professor Weir, in his otlicial relation to the College, and as having been unmindful of his solemn (bity io promote, by every means in his power, the moral and educati'mal advancement of the students, together with the (jrder, disci- pline and welfare of tho Institution in which ho holds an important office. As a member of the Board, I am prepared to assist in investigating and duly proving improjn'iety oi ciuiduct as com- plained of in tho accompanying document. I am. Sir, Your obedient servant, (Signed I, JOHN PATON. Sec and' Exliiblt S. ve/'urrcd lo in the evidence nf Juhn Cuolc. 8tli Mav, 1SC2. Tiio Board having duly considered the various charges in tiie complaint against Professor Weir, in connection with tho evidence in support of tho bame, are of opinion that I'rofessor Weir has, in some instances, allowed personal feeling to prevail over the regard which it became him to have for College discipline, and, although in his peculiar circumstances, and in view of the party feeling which seems to have existed amongst the stu'lents, there is much to extenuate such indiscretion, \ci the Board feel bound to condemn it, and to caution Professor Weir against making the proceedings and decisions of the College authorities the suljject of conversation with students, either in their class-rooms or elsewhere. At the same time, the Board, in giving this caution, think it only fair to bear their willing testimony to tho diligence, fidelity, ability and success with which Professor Weir has conducted tho Classical Department during his connexion with this University. 2Gth January. 1S(;;1. Tho Board entered upon tho consideration of the draft Statutes, Rules and Ordinances for the government of the College, which were read and considered scriutiin, and after lengthy dis- 1 t( I .Ml -' ■ L^ , j 1 109 cushion nnd mnture dclilxTation, wore passed nnd !i(l<>])tc(l for tlio f^ovoriiini'iit nf this Ttislitution. The SciCiX'tary was instnicti'il to tihj ii cojiy of tliu Stiitiitcs, (hily i-i'ititicd hy tht; ChiiiriiKiii. Moved by llov. D. Morrison, socoiuh'd by Mr. Pivtoii, and Rrsulcel, — Tluit the Secretary bo instructed to intinuite to Trufessor Weir, tlmt the Trustees regard the holding of the situation of LoL'id Sniii lintendeiit of Education as, in his cast;, interfering witii the full discliarge of tlio duties of ills uhiiir, uiid arc of o[jiniou tiiat it shcnUd eeaso after the expiration of the present yiMir. 2nd December, 1803. Tiu) Minutes of meeting of tlie Board of 17th June hist, and of adjournments of ir)th Juh% 19th August, KHli Se[)t(unber, 1st October, and Ith November last were read and approved. The Minutes of general meeting of Trustees of 1st and "Jnd October last, and of the- Kxeeutivo C(jnunittee (jf lOth N'ov.iuber hist, wt.'ro also read and approved. The Piev, Dr. Williamson, from Committee to whom the letter of J. W. Cook, Esq., to the Tri.'isurer, relative to a deduction in the annual aUowanee to the College from the Temporalities ]5oard was referred, submitted a statement upon tlii; subjict, which, having been read, was unanimously approved, and is as follows : The Boju'd heard read a eomnuuiication to the Treasurer, of date HOth June, 1803, from J. \V. Cook, Es(i., 8eeretary-Treasur(;r to the Temporalities Bxwrd, informing the Trustees that, in conseqiieuco of the induction of the liev. Dr. (ieorge into a pastoral charge, and ii claim having been nuide b\- him, as a C(uumuting Minister, for XWl lOs. annually, the Temiioralities Board had thought it right to retain the sum of sLjO from the College allowance for the last half-year, tili the legality of his denumd was decided, said sum retained being the proportion of an allow- ance of JCWi 10s. per annum, from the time of Dr. George's induction. Whcreuj.oi) the Board unanimously resiolved to make the following representation to the Temporalities Board, which will at once show that any such claim on the part of Dr. Cieorgo cannot afl'ect the amount to bo paid annually to the College from the Temporalities Board. At the time of the conmmtation, in 185o, a letter addressed " To the llev. Professor Cieorgo and the other Professors in (Queen's College," was received from Hugh Allan, Esq,, a member of the Committee appointed by the Synt^l to negotiate with the Government, and the Hecretnry of that Committee, after stating gentn-ally that the terms of the arrangement had been settled with the Government, that document proceeds as follows : " One pleasing feature of the bargain is the secnring to Qiwcn'n Colhje of XoOO a year in pcr- /WfaVy; this was done with the consent of the Government, by putting the £"00 i)aid to the College by the Commissioners of the Keserves Fuud, "'-■ "" allowance of £i2o to each of the four Professors, and commuting wiih them for that sum." " Please let each execiite these papers as directed in the circular letter, before witnesses, and make atKdavit as to age, and return them to mo by mail as early as po.ssible." It is ended in a postscript : " If anything was to happen the College, tho annuity would be paid to the Professors as individuals. It thus appears that the object of the arrangeiucnt eirocted with the Government was (o secure to Quecia Colleije X500 minniiUij in pn-jirluilij, and with this view Dr. George, as a Professor, as well as his colleagues, signed tho necessary documents and made the necessary affidavits. So long as ho remained coiuiected with the College, he received his share of tho i s 1 ' I I! It 1% ■TMiftll? 110 annual ttllDwaiK'e Nvliirli it ivcciv.d, but wlicii liis foimectioii witli it fcascd, his duini to tliat Hlmro ceased also, just as tiir claim of Professor Mowat, as a Minister in the onvo of hohIk, to the tll'i lOs. ceasiM wlien lie ivsi^,'iic(l his piistoral cliiir^'e, and hccanie a ri-.ifc ss-.r in the I'liivet- sitv, hy whom he ''-is since liem ]iaid. And tiie sahirv of ProfcHsor .Ahiwut lieiug i)aid l;v llio Jii 'ird of Trustees, the sum of Lli-' l(Js. a.nualiy, wliici, lie would otherwise have received from tho^.Meral fund, has been Id't lor a nuiulMr of y ars at tiic disposal of the Teninoralities Hoanl for the maintenance of MiiiistiTs in the pastoral ehar^'is of our church. That this is the simple view of the case is further shown l>y the IJy-Iiaws of tiie Temi)or,ili- tios Board, which were submitted to a nunjennisly attended meeting of Synod in ISOO, md altir full and len;,'tliencd consideration received tlie sanction of the Synod. The llJth Hec'Iou of these Dy-Laws is as follows. (Apiien li.\ to minutes of Synod, ISdO, piif,'e (w.) " it . '• 1 be the duty of the Chairman and Secretary-Treasunr, on rceiuvin^,' from Presbytery clerk's lists of ministers of their respective I'resbyterics, with the dates of tluir onlinatiim or induction, to pay to the Ministers who commuted Cll-J lOs. per annum, to the ministeis on the roll of the ISynod at the time of the secularization of the Clergy Ueserves, but who were not aUowed to comnnite, (.' OH per annum, and to all otiiers, until such time as the lioiird shall otherwise determine, a mininum stipend of €.">() a year, the whole in half yearly iiayments, »)/r/ ulsn LM) a i/iar /•• tlir J renauri r I'll- /Ac /(;//•■ lulnij if (jint'nn Collrji', In In; rnijiUiijiil y John McMurchy, that instead of the words XoOO a year to the Treasurer for the time being of (Queen's College, to be employed as }ieretof(jro in the [layment of Profes.sors being ministers of the Church, the words " That Profes- sors of the Faculties of Arts and Theology in (Queen's College, being Ministers, shall rank as beneficiaries on the Temporalities fund according, as they may b(!long to one or other of the sev- eral cla.sses of ministers provided for by the Ly-Laws and former resolutions of Synod on tho subject," winch motion was lost by a vote of •13 to 0. In short the Board of Trustees feel assured that the Temporalities Board will see from the above statement that tl;e arrangement made with the consent of the (iovernment by tin- original committee by whom the commutation settlement was eil'ected, and by the By-Laws of tho Tem- poralities Board, sanctioned by the Synod, is simjjly this, that Queen's College should receive in perpetuity X500 a year, and that therefore it is the duty of the Chairman and Secretary -Treas- urer to pay "XiJUO a year to the 'J'reasurer, for the time being, of (Queen's College to be employed as heretofore in the payment of Professors being ministers of tho Church." The Chairman was requested to forward to tho Secretary -Treasurer of the Temporalities Board. J. W. Cook, Est]., extract of the above statement, with a letter soliciting tho manager of the Boaid to take a favor.rable view of the case. 9th February, 18G4. A general adjourned meeting of the Trustees was liekl this evening. Present : The Hon. John Hamilton, chairman, the Ilev. Dr. "Williamson, the Rev. Dr. I r- quhart, the liev. Dr. Mathieson, the Hon. Alex. Spence, the Picv. John McMorine, the Pvev. George Bell, the Rev. Duncan Morrison, Judge Malloch, Judge Logic, Mr. Cameron, Mr. Morris, Mr, McLean, Mr. Allan, Mr. Neiison, Mi. Paton, Mr. Davidson, the Rev. "\V. M. Inglis. I ^i HI lOtli Fo'jruiiry, IHCA. Move.1 by Hugh Allan, Ks.,., secomlea bv George Neilson, Eh.,., uiul KeHolvt-a.-Thnt from factH which Imvo eon..,, to the kn.jwle.lgo of the Trustees, and the preseut alariiiin-. stat.' ..f the College, the Trust...>H .l....,n it necessary, in the interest of the Colh-ge, to r.T».,v.. l'rof..ss„r \V..ir from hi8 olHcoH of Professor of Classics ami Secretary to the Senatus ; an.l in the exercise of their pocir to remove at .liscretion, they hereby do renjovu him from these olHoes accordingly forth- with ; and that the Treasurer do i)ay to him his salary in full to the ..ml of the present sessicn and for six months thereafter in advance in lieu of notice, and that the Secretary be instructed to commuuicato this resolution to Mi. Woir. A vote upon this Resolution having been called for avd tak».ii, the resolution was declared carried. Tiie following is a record of the votc.s. Yeas-llev. I).. Mathi..son lU-y \\v\ Sp, i„o the Hoy. Dr. Ur.juh .rt, the Uev. D. Morrison, llev. (icorge Uell, Messrs. Morris. Cam.run Ncil- 8.Jn Allan, Davidson, M..1. ,ui, Paton, and Logie-l;!. Xays-llev. Dr. Williamson, and Judge Walloeh--2. ihe llcv. .J. McMoriuo ami the Uev. W. M. Inglis declined to vote. Moved by Mr. Allan, seconded by Dr. Mi'thieson, as follows ; The Truste..s haviii" in the exercise of their power, owing to the alarming state ..f the Coll..ge, remove.l Pr<.f..ss<,r W.'ir from his position therein, entertain the hope that no furtlu'r action on their part will be rcpiired to manifest to all parties their determination to maintain and exercise their power of government iu the affairs of this Cuiversity. They trust, therefore, that in the future the Professors will do all in their p.,wer to maintain harmony amongst themselves, and exercise due discipline .•.mongst the Students, and that the result may be that a proper ..vy/nV ./(; <<„y« may be raised amongst them, and that the CpIIc'c will so pr.)sper as to make it to be regarded a privilege on the part of the memb.-rs of our church ( and the public to send their sons to the College, and that a copy of this res-.lutiou be sfut to each of the Faculties of the College, and a copy atUxed to the notice board. Carried. 31st May, 1804. Moved by Mr. Allan, seconded by .... Ait.jii, and resolved— That th(. minutes of proe. ..lin-s ai the meetings of the Board held on the Uth and lUth Tebruary, 1801, be now read, which hav- ing been done — It was moved by Mr. Allan, seconded l)y ?Ir. Neilson— That tho proceedings of the Board of Trustees at its several meetings .-.: the 'Jth and lOth days of Februarv last, and all the particu- lars thereof, bo and arc hereby approved and confirmed, more especiallv as ivgards the removal of Professor A^ eir from his offices of Professor of Classics and Secretarv to the Souatus of the College. A vote having been taken on this motion, it was carried bv a majoritv of eleven votes as follows : Yeas-Kev. Mr. Inglis, Ilev. Dr. Urquhart, llev. Dr. Si)ence, lleV. Dr. Mathieson' J Cameron, J. Paton, Alex. McLean, Bov. Dr. Barclay, Alex. Logic, Bev. George Bell, G. Davi.l- son, G. Neilson, Bev. D. Morrison, Hugh Allan, and Alex. Morris-15. Navs-Bev Dr Cook George Malloch, Edward Malloch, Rev. Dr. Williamsoi:-4. The Bev. Mr. 5lcMorine, and Mr.' Thomson declined voting. Judrnvent of the Chan?e%r. Mr. V. C. Estcn on the argument of the motion for Injunction has, I dnd, held tho employ- ment of tho Plaintitr by Defendant was during good behaviour, in other words " ml rllam ant 28 4 m ii 112 ciilpam." 'L'liiit tlio Court lias javisdictiun ami ou^'lit to iiitorfore to protect liim in tlio cnjov'iicut of Iiis office. These iiro the only two ([ui'.-;tii)nK i)f laM' in the c se, and I tliink I sliiMild liold that tlu-y !ia\iii,t' hceii disposeil (if bj my h^anu'd hn.thrr, !ln' I'laintitF is ciiiitli'd to a ch'cr<-e, as it is admitt>_'ii iliat if his tcurm' in oliiciu is sucli as the \. C. decides it to he, he lias iii>t been properly reiiioved froiu olliee. I doubt very much the jurisdietinii of the Court to iutvrfei-e. The evldeiiee before rue in uo \\ay alt(n. *ho character of the e;ise as j^resented to Mr. V. C. Esten. Tlio decree? will be to resUain the Defendants from interfering,' witli the exercise bv the PlaiulilT of his duties of oflico as (,'liissieal ^Master, from ajtpointing any one in his pbice, and frum witliholdin;' from hiai hi.-i sahrry uatil he be legally removed, with costs. Dcrre dated 2C>l!!,27lhr!>,(l 2^11. Sfj'l<').il'<'r, ISGi. This Cause comiu;; on to bo heard before; this Court in the presence of Counsel f.ir tiie riaintilf and tVir the Defendants, the lievcreud Alexander Malhieson, the Kevereiid Hugh I'rjpi- hart, the Eevereud A. Hpeuce, the Ilevereud D. Morrison, the lievereud George Bell, the Hon- orable John Hamilton, John Paton, George Davidson, George Neilsou, John Cameron, Alexander McLean, Hugh Alhin, Alexander Zuorris, Alexander Logic, the Reverend John ]5arelay, the Honourable Archibald McLean, the lieverend James C. Muir, Andrew Druinmond, and (.Queen's College at Kingston, and Pro Confesso against the Defendants, the itevereud John Cool;, the Reverend John ]Mc3Iorine, the Rcverc.'nd W. M. Inglis, the Reverend James ^Villiamsou, .bjhn Thompson, John Greenshields, Edward Malloch an^l George Malloch. Upon opening of the mat- ter, a'ld upon hearing the evidence of witnesses and what was alle;,'ed by Counsel aforesaid — This Court doth declare thai the I'laintill' is entitled to hold a;id enjoy his olliee of Professor of Classical Literature in the University of Queen's College at Kingston until duly removed or suspendt'd therefrom, and doth declare the resolutions of the t<'nth of Eebruary, L'-^iil, i'.nd thirteenth of May, IStiJ., in the pleadings mentioned, to l.)e cancelled, and tiiat tlie ] )eft'ndants, the Trustees of Queen's College at Kingston, be restrained from in anywis(! iiiterfering with or im- peding the Plaintitf in the discharge- and performance of the dutie'S of his said otllce of Profosor, and from withholding from liim the salary and emoluments payable in res]iect thereof, and tliat a Writ of Injunction do issue accordingly. Ami this C'e>urt doth order all tiie di'fendants ( xeejit- ing the Reverend John Coolf, the Revereml James C. Xfuir, the Revere'iid John IJarh-lay, Jolm Thompson, John Greenshields, Edward Malh^ch, Andrew Drummond, the ibniourabhi Archibald McLean, Cteorge Malloch, the Reverend James AVilliainson, the Reverend John Me^Morine, and the Reverend William Maxwell Inglis do jiay to the Plaintill' his costs of this suit. (Signed,) A. CiRANT, Iuj!taring, and having signed an undertak- ing to pay such costs a.i may b;; awarded against th'-m in respect of such reliearing, It is ordered th;;t this cause bo set down to be reheard before this Court next after th(.' causes and matters aheiidv set down. (Signed,) A. GRANT, Iii' Archi- bald McLean, and Queen'.s College at Kingston, submit that (Ik; decree a])]iealed from shoiihl be rev(;rscd or varied, for the following among others reasons : 1. Because the Court of Chancery did not possess jurisdiction to grant (he relief which it assumed by the Decree to give to the Plaintift'. 2. Because the jurisdiction to give the relief sought by the Eill is exclusively confined to (lie visitor or visitors of the University of Queen's College. 3. Because the Plaintiff's jiroper mode of redress for the .supposed injury of which he com- plains was by an appeal to the Crown, Her Majesty the Queen being the visitor of the Univer- sity. 4. Because the Trustees had a jurisdiction, final and conclusive, and free from all control of the ordinary Courts of Justice, in the matter of the removal of the PlaintifV from his ollice. 5. Because the Plaintifi''s tenure of office was not during good behavi(nir, or " ad vitam ant culpam," but during i^lcasure only. C. Because the relief sought by the Bill is, by rea.son of the personal and confidential cha- racter of the office of a Piofessor in the said I'niver.sity, lieyond the scojie of (he jurisdiction of a Court of Equity. 7. Because the Decree in eftect gives relief by way of a specific performance in a case where the remedy is not mutual, inasmuch as the Court of Chancery does not possess jurisdiction to compel the PlaintifT to perform the duties of the office of Professor. (Signed,) S. H. STRONG. . ! »} |! 1 1 1 1 E ^ mit I I'lii itIKi cosh tho( dent jiii\ from pow( and latio) such unde plaij Prof( Trusi eel Idi of tbi entitl 115 TIh! Appclliuits, other tli.iii tlic nhovt'-iiiinutl l)clVii(liiii(s, Quocn's College at Kingston, sub- mit tliat tlie Decree iii-penle,! fioiii should l)e reversed or viuied, for the following, iiniongst other reasons : 1. BeciiDse the Deereo ouglit not to have given eosts against the members pcrsonnlly. 2. Beeaiise the Conrt ofChaneery has no jurisdieti(m in the mutter comi)hiined of in the PlftintilVs iiill. :i. I'.eeanse the Trustees had power to do what is complained of in dismissing the I'laintitr, and if -ation. 3. Because such action of the Appellants was not only illegal, but entered upon mai ride, and demanded tho interference of the Court of Chancery. 4. Because the Appellants, as Trustees of the said Incorjioration, are governed by tho regu- lations of tho Charter with reference to their powers and dulies and any attempted violation of such regulations it is the Province of ihe Court of Chaujery to rostrdn. 5. Because the Respondent, Weir, was as well under tlie Provisions of the Royal Charter, as under the general principle of Law in that behalf, entitled to bo notified of any grounds of com- plaint., and to be heard thereupon before ho had been removed by the said Appellants. C. Because tho Trustees of Queen's College have no summary power of dismissal over the Professors of the said College. 7. Because the Statutes of tho said Trustees which assume to confer such power on the said Trustees, are illegal, and contrary to the Royal Charter of the said College. 8. Because the Respondent, Weir, was not guilty of, or in any way answerable for the alleg- ed diflSculties in Queen's College, which was the ostensible reason for the summary proceedings of the Trustees, when they ordered his dismissal. 9. Because upon all or any of the grounds taken in the Court of Chancery, the Plaintiff was entitled to the Decree pronounced herein. ADAM CROOKS, Counsel for (he liespondcnf, Wrir, 29