^ .^^^< "Vs^, v^.i;^. IMAGE EVALUATION TEST TARGET (MT-3) ^/ ^^ o 1.0 1.1 I^IM |25 W I4i 1122 Z U£ 12.0 IL25 imiu U4 Sdmces Corpfflation ¥j^ ^. m STilllT WnSTIR,N.Y. MStO (71«)I72.4S03 CIHM/ICMH Microfiche Series. CIHM/ICMH Collection de microfiches. Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques qN Tschnical and Bibliographic Notos/Nutat tachniquas at bibiiographiquaa Tha Inatituta haa attamptad to obtain tha baat original copy availabia for filming. Faaturaa of this copy which may ba bibliographically uniqua, which may altar any of tha imagas in tha raproduction, or which may significantly changa tha usual mathod of filming, ara chacicad balow. D n D D Coiourad covers/ Couvartura da couiaur □ Covers damaged/ Couverture andommag6a □ Covers restored end/or laminated/ Couverture restaur^e et/ou pellicula □ Cover title missing/ Le titre de couverture manque □ Coloured maps/ Cartes g^ographiques en couleur □ Coloured inl( (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bieue ou noire) □ Coloured plates and/or iiluatrations/ Planches et/ou illustrations en couleur □ Bound with other material/ Reli6 avac d'autres documents Tight binding may cause shadows or distortion along interior margin/ La re liure serr^e peut causer de I'ombre ou de la distortion le long de la marge intirieure Blank leaves added during restoration may appear within tha text. Whenever possible, these have been omitted from filming/ II se peut que certaines pages blanches ajouties lore d'une restauration apparaissant dans la taxte, mais, iorsqua cela itait possible, ces pagaa n'ont pas At6 filmias. AdtJitional comments:/ Commentaires suppl6mentaires: L'Instltut a microfilm^ la mailleur exemplaira qu'il lui a AtA poaaibia da aa procurer. Lea d6tails da cat axempleire qui sont paut-Atre uniques du point de vue bibllographiqua, qui pauvent modifiei une image reproduite, ou qui peuvent axigar una modification dans la mithoda normaia da filmsga sont indiquAs ci-dessous. □ Coiourad pages/ Pages de couleur □ Pages damaged/ Pages endommagies □ Pages restored and/or laminated/ Pages restaurAas et/ou pellicuites Pages discoloured, stained or foxed/ Pages dicoiories, tachetAes ou piqui D Pages Pages Pages d6tachies piquAes I I Pages detached/ rri Showthrough/ Transparence □ Quality of print varies/ Quality inigala de I'imprestion I I Includes supplementary material/ Comprend du material auppi^mantaira Only edition availahSd/ Sauie Edition diaponibia Pages wholly or partially obscured by errata slips, tissues, etc., have been refilmed to ensure the best possible image/ Les pagaa totalament ou partiallement obscurcies par un fauillat d'errata, une pelure, etc., ont «t6 filmies A nouveau de fapon d obtenir la mailleure image possible. Th to Th po of fill Or ba th( sic oti fir sic or Th sh Til wl Mi dil an ba rig ro( mi This item is filmed at tha reduction ratio checked below/ Ce document est film* au taux da rMuction indiqu* ci-dessous. 10X 14X 18X 22X k 12X 16X 2DX 26X 30X 24X 28X 32X The copy filmed hero ha* been reproduced thanks to the generosity of: Library of the Public Archives of Canada L'exemplaire filmA fut reprodsiit grice A la gintrositi de: La bIbllothAque des Archives publiques du Canada The imeges appearing here are the best quality possible considering the condition and legibility of the original copy and in Iceeping with the filming contract specifications. Original copies In printed paper covers are fllmeti beginning with the front cover and ending on the last page with a printed or Illustrated impres- sion, or the bacic cover whan appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated Impres- sion, and ending on the last page with a printed or illustrated Impression. The last recorded frame on each microfiche shall contain the symbol -^ (meaning "CON- TINUED "), or the symbol y (meaning "END"), whichever applies. Las Images sulvantes ont tt6 reprodultes avec le plus grand soln, compte tenu de la condition et de la nettet* de l'exemplaire film6. ot en conformity avec les conditions du contrat de fllmage. Les exempleires originaux dont la couverture en papier est Imprlm6e sont fllmte en commengant par ie premier plat et en termlnant ooit par la dernlire page qui comporte une empreinte d'impression ou d'illustratlon, solt par le second plat, salon le cas. Tous les autres exempleires originsux sont filmiis en commenpant par la premlAre pege qui comporte une empreinte d'impression cu d'illustratlon et en termlnant par la dernlAre page qui comporte une telle empreinte. Un des symboles sulvants apparaftra sur la dernlAre image de cheque microfiche, selon le ces: :e symbols — ► signlfle "A SUIVRE ", le symbols V signlfle "FIN". Maps, plates, charts, etc., mey be filmed at different reduction ratios. Those too lerge to be entirely included In one exposure are filmed beginning In the upper left hand corner, left to right end top to bottom, as many frames es required. The following diagrams illustrate the method: Les csrtes, pisnches, tableaux, etc., peuvent Atre flimAs A des taux de reduction diffirents. Lorsque le document est trop grand pour A'^re reprodult en un seul cliche, II est filmA A partir de I'angle supArieur gauche, de gauche it droite. et de haut an bas, en prenant le nombre d'Images nAcesssire. lies diagrammes sulvants illustrent la mAthode. 1 2 3 1 2 3 4 5 6 1 A1 UPPER CANADA €oDs of a ipttttiott TO THE IMPERIAL PARLIAMENT, RE8P£CTING THE CLERGY RESERVED LANDS, AND \ ■ THE KINGS COLLEGE, AGREED TO AT A PUBX-ZC MESTZNG AT YORSy On the lOth of December, 1830; WITH Copies of other Documents relatiug thereto. 1831. ^Ml %i i:> #« #. ..^ • ■' ■■-'■ ■ & I. -V \ ;;i I!- k \ „\ Vi ^ .'^.'i A: k'\ ^\ ;:i n \f. \ -io mrr "'■;'< '('^ :^:fnt%.* i^ ^? .i- <'T ^' i'A .k, ! ... ^ . ^iiiijji^.i K fi »f „..,;'!. .,: n /(Wl^a ly -;vf:^t':)- PRINTED BY T. TRAVELLER, BELL gTREET, BDaWARB ROAD. > • ; .i.dl'.'iiiJ^:!.' !ii-ij-- ^ *'<* };'i{(— M J. 1; :4- 1 l'-=- !'l'. ». -lll'^/ - ' '' RBB^ECTINO ' i 1'' . ;<• lU.: ' i Tkl6 CLERGY IlESteRVED LANDS AND THE king's college, ,. ,, , , , , At a Public Meeting at York, in Upper Canada, : ' ' At a meeting of i'riends of Religious Liberty, residing in ttie town of York and its viciiiity, held pursuant to notice, in the First Presbyterian Church, York, on Friday, th/f Tenth Day of December, 1830, to consider of the propriety of addressing the Imperial Par- liament by petition, concerning the appropri- ation of the Clergy Reserves, General Edu- cation, and the enjoyment of equal religious privileges by all classes of His Majesty's subjects, Robert Baldwin, Esquire, was called to the chair, and the Reverend William Smith appointed to act as secre- tary. Dr. Morrison moved the adoption of the following resolution : Resolved — That it is expedient to address the House of Commons, by petition, request- ing that Honourable body to take the subject of promoting religion and education in Upper Canada, into their most serious considera- tion ; praying that Honourable House to take such steps as maybe within its constitu- tional powers, that the Ministers of all deno- minations of christians may be left to be sup- ported by the people among whom they labour^ and by benevolent societies in Canada and a2 -A, Great Britain — that all political distinctions on account of religious taith be done away — that all Ministers of religion be removed from all places of political power in the govern- ment — that there be granted to the Clergy of all denominations of christians the enjoyment of equal rights and privileges, in every thing that appertains to them as subjects of the Bri- tish Empire, and as Ministers of the Gospel, particularly the right of solemnizing matri- mony of which many of them have been long deprived contrary to the wish of the people of this province, as expressed by the repeated and unanimous votes of the House of Assem- bly — that the Charter of King's College be modified so as to exclude all sectarian tests and preferences — and that the proceeds of the sale of the lands heretofore set apart for the support of a protestant clergy, be appropria- tea to the purposes of general education and various internal improvements. The resolution, having been seconded, was put from the chair and unanimously adopted. That the following Petition to the Imperial Parliament be adopted :<— ' r ' *:' I ' ; ] • .^■,'s:i vOjij ;-;'i->\,Vr -^. ■ h ■i .' <» - 1 ■ir.'/ ■':?;■: . .If . ' ' ; 1: ■ ff J • » * m nctions away — ed from jovern- ergy of oyment y things he Bri- j^ospel, inatri- n long sople of ^peated 4ssein- ege be n tests J of the for the [•opria- on and J» was opted, iperial » rr • .,1,; I r) ; 1 . d hi^ , J • To the Honourable the Knights, Citizens, and Burgesses, representing the Commons of the United Kingdom of Great Britain ana Ire^ land, in Parliament assembled: The Petition of His Majesty's faithful sub- jects, the undersigned Inhabitants of the Pro- vince of Upper Canada, in British North America. Humbly Sheweth: That your petitioners addressed your ho- nourable house about three ye^rs ago, on sub- jects indispensably connected with the vital interests oi your petitioners, their children, and the province at large : namely, the erec- tion of the Protestant Epispocal Ohurch into a dominant church, and the establishment of a partial, unsuitable, and oppressive system of education. Your petitioners feel grateful for the atten- tion shewn to their just and dutiful remon- strances, and the measures recommended by a Committee of your honourable house for the removal of those evils of which your pe- titioners then complained, and the introduc- tion into this country of that equitable system of religion and education, so essential to its permanent tranquillity, prosperity and happi- ness. But your petitioners deeply regret to per- ceive, that whilst their humble petition was gra- ciously received — the justness of their remon^ ^trances acknowledged — the redress of their A3 6 grievances recommenclod--and assurances held out that the wishes of His Majesty's subjects should be fully consulted on all matters which relate to their local interests — that no effectual public measures have yet been taken t ternii* nate a system, which, if fostered and obsii nately adhered to, must, in its ultimate consequence, prove ruinous to this Province as a portion of the British Empire. Emboldened by the tender regard which your honourable house has heretofore e;;^- pressed and manifested for the welfare of every class of His Majesty's subjects in this province, your petitioners again lay their case before you, confident that vnien the true state of the province is known to your. honourable house, the representations which are secretly made to His Majesty's Government, and which shun the light of public investigation in the colony, will no longer be listened to; and that monopolies which exalt and enrich a few at, the expence of the province, will be for ever put down. Your petitioners cannot disguise their opin* ion, that any kind of ecclesiastical establish- ment, situated as this province is, is essen- tially anti-christian, and baneful to every in- terest of humanity. If any church were to be erected into a dominant church in this pro- vince, your petitioners would quite as soon that dominant church should be the church of England as any other, from the comparative moderation with which that church has ex- ercised its political power in Great Britain for the last century ; but whatever, reasons may exist for such an ecclesiastical establish- ment ipi Great Britain, your petiUpiiers ^xp ai pl ii P> hi o1 01 fc ices ijeJd subjects rs whicli elfectuai ^* termi* Jiinately 5quei?ce, )rtion of which are e;^- I fare of in this leircase ue state ourable secretly i which I in the nd that few at br ever iropin- ablisb* esseh- wy in- e to be lis pro- is soon irch of ir^tiye as ex- Jrjtain easpns iblish-^ J i persuaded, such, or any good reasons do not ap^ily to this province ; and tlio lately contem- plated project of establishing two churches, instead of one, with peculiar immunities and prerogatives, is only, in the opinion of your petitioners, doubling, instead of lessening the evil. In support of this their earnest be- lief, your petitioners submit a few reasons. 1st. As IS well known to your honourable house, two things are necessary in the state of the population to the establishment of any one or more forms of religion : first, that such form or forms of religion be professed by a jna- jority of the population ; and secondly, that a majority of the population be in favor of the es- tablishment of such form or forms of religion. Neither of these essential requisites is to be found in this province. In the words of ** the select committee on the civil government of vCanada" appointed by your honorable house in 1828, it is certain that the adherents of the Church of England constitute but a small minority in the pro- vince of Upper Canada," and ** neither the adherents of the Church of England nor those of the Church of Scotland forra the most nu- merous body within the Province of Upper Canada ;" and nothing- is more repugnant to the feelings and principles of a very large ma- jority of the population of this province, than the establishment of any one or more forms of religion with peculiar endowments and pri- vileges. To establish both of these points, the most abundant proof might be adduced ; but your petitioners will only mention the fact, that the parliament of this Frovince, a consider- ajble portion of which has always consisted ; I of members of the Church of England, has successively deciilcd, and by almost unani- mous votes, thut the members of tlie Church of England compose but a small minority of the population, and that the establishment of any church in the province with peculiar im- munities, would be impolitic, unjust and cruel. Your petitioners beg also to refer your ho- nourable house to the report of a select com- mittee on the petitions of different denomina- tions of christians, appointed by the Provin- cial Parliament in 182B, in which report your honourable house will find a mass of evidence fiven by religious and political parties, where- y it may bo clearly ascertained that a very large majoiity of the populatiom of this pro- vince are decidedly and conscientiously op- posed to any thing like one or more dominant churches. It is worthy of remark, that the advocates for erecting a dominant church, have always been opposed to the expression of any public opinion on this subject, and have with all pos- sible caution avoided any investigation of their claims or measures, hoping, by private representations to His Majesty's Government to procure the permanent establishment of a system which is deprecated by the great body of the population, and highly detrimental to the peace and prosperity of the Province. Snd. The clergy reserve lands of this Pro-^ vince have been brought from a nominal, to a real, and rapidly increasing value, by the la- bour, industry and enterprise of the population generally : and to appropriate the avails of these lands to the support of the clergy of a minor church or churches, will be converting i i and, has it unani- 9 Church nority of hment of uliar im- nd cruel, your ho- ect com- momina- Provin- portyour evidence s, where- it a very this pro- usly op- ommant jvocates B always y public all pos- ition of ' private ernment ent of a jai body lental to nee. Iiis Pro- lal, to a J the la- 3ulation vails of •gy of a iverting the labours of the maT;y to the undeserved ag- grandizement of a few. 3rd. The other denominations of christians in this Province stand In a very different re- lation to the churches of England and Scot- land, from what they do in Great Britain.' — In Great Britain, the Churches of England and Scotland embraced a large majority of the population of the United Kingdom, and were established by law before many of the dissenting denominations were known in the empire. But in Upper Canada, these churches are of a much more recent date than several other christian denominations who have re- ceived no assistance or encouragement from the local government, and whose ministers have, in some instances, been treated with great severity, and have been uniformly de- nied the rights and privileges which the pro- vincial Assembly have repeatedly recognized and sought to obtain for them. According to the reports of the society for the propagation of christian knowledge in fo- reign parts, there were only five clergymen of the Church of England in Canada during the late war with the United States, and their number has not amounted to twenty until within a few years past. And the Honorable and Venerable Dr. Strachan stated in a prin- ted discourse on the occasion of the death of the late Bishop of Quebec, as also in an ap- peal to the friends of religion and literature in Great Britain, published in 1827, that < the benefits of the ecclesiastical establishment of England are little known or felt in Upper Ca- nada." There are at the present time but eleven or twelve clergymen belonging to the 10 M ClmilQU.of Scotland, and there was only one mir^ster of that church settled in the whole i^rpminpebeifore the year 1818. ^uf, t)ie ministers of several other denomi- iiat)oQ& aocpmpanied the first influx of emi- gratipn into Upper Canada, and have largely shared, the hardships, privations, and suner- ingsi. i^f^ident to Ministers and Missionaries in anew country, who ha^e no other depen- dan^ei foK their support than the voluntary coi^t4bntions of their scattered flocks. And it is thriough the instrumentality of their un- wearied and successful labours that the mass of the population of Upper Canada have been mainly supplied with religious instruc- tion. They, therefore, do not stand in the re- lation of Dissenters from either the church of England or of Scotland, but are ministers of distinct and independent Churches, who had numerous congregations in various parts of the Province before the ministerial labours of any Ecclesiastical Establishment were, to any considerable extent, known or felt. — Your petitioners, therefore, cannot but view it as a cas^ of peculiar hardship, that those who have borne the burden and heat of the day, should be treated with contemptuous neglect, whilst others who enter at the eleventh hour, the measurably cultivated vineyard, are en- riched with large Parliamentary grants of money and one seventh of the landed property of the Province, besides the monopoly of vast resources for the purposes of education. » This partial distribution of the Royal ma- aifiic^nce strikes more directly at the rights a|id interest^ and wounds more deeply tlie feelings of the most r«ir^drous denominations o s' I \ \M'- nly one e whole lenomi- of emi- largely L suner- ionaries depen- luntary . And leir un- he mass la have instruc- i the re^ urch of isters of rho had )arts of >ours of , to any — Your r it as a le who. le day, leglect, h hour^ are eu- ants of roperty of vast 1. al ma-" rights )iy tl»© latiohs U of Christians in the Provincei from the circum- stance that the plea made to his Majesty's government by the Episcopal Clergy and their Agents, is, that it will enable them to exter- minate all other Christian denominations, and ultimately bring the whole population into the communion of the Ecclesiastical Establish- ment. — Under such circumstances, your peti- tioners cannot but view the appropriations made to the Episcopal Church as powerful weapons, unjustly put into the hands of one class of persons, to carry on a proselyting war-i fare against the conscientious opinions and civil liberties of other numerous and equally loyal and deserving classes of His Majesty's subjects. A liberal and equitable system of Education your petitioners consider of equal importance to the well-being of this Province with a just and wise policy in respect to religion. And they regret to have it to say that the charter of King's Colleg^e has as yet undergone no modification, and that the principles on which it is established are incompatible with a state of public opinion and unsuitable to the cir- cumstances of the people. hv u Your petitioners feel persuaded that nothing would contribute more to the tranquillity of lipper Canada— the removal of injurious jea- lousies— the provoking of a fair and generous emulation among all classes of His Majesty's subjects — the promotion of a spirit of general enterpriize — and the strengthening of an in^ creased attachment to the Imperial Govern^ ment, than an equality of privileges and im-* munities ainbng all Christian denominations. an4 a system of e^uc^tiofl under the cont^Q^^ mmmm V2 i i of the Provincial Legislature, with schools and colleges in which there should be no pre- ference of sectarian tenets or interests, and whose portals and honors would be equally accessible to meretorious industry of every re- ligious creed According to the present distribution of the clergy and a large portion of the croum lands, your petitioners consider there is just cause of complaint and alarm. In a letter addressed by the Honourable and Venerable Dr. Stra- chan, to the Right Honourable R. J. W. Morton, dated Downing Street, May 22, 1827, the author, after making every deduction that his well-known ingenuity rendered him so ca- pable of doing, has estimated one seventh of the arable lands of the Province at 3,160,000 acres, and the annual revenue arising from said lands for a century to come, at £.376,000 or one million, five hundred and four thou- sand dollars. The real estate of which this sum is acknowledged to be the probable an- nual rent for the first century, is placed at the disposal of a body of men, irresponsible to the Colonial Legislature, consisting at the present time of between fifty and sixty persons. It cannot be denied that such a monopoly in the hands of any body of men, whatever may bo the characteristic liberality of their senti-^ ments is inimical to the interests of any govern- ment and alarmingly dangerous to the liberties; of any people. In addition to one seventh of the Province, a grant of 225,944 acres of the Croum Lands has been made to endow King's College, es- tablished at York, U. C. and an annual 8\in\ from the Imperial Government of £.1000 for schools 3 no pre- ists, and equally )very re- on of the m lands, ist cause ddressed 3r. Stra- . J. W. 22, 1827, tion that im so ca- eventh of },760,000 ling from E.376,000 )ur thou- hich this bable an- *ed at the ble to the lie present rsons. It oly in the er may bo eir senti- lygovern- e liberties Province, wn Lands oUege, es- [inual suni e. 1000 for I I sixteen years. The College Council have passed an order to dispose of none of this land for less than four dollars per acre, and much of it lias been sold at a higher rate< — According to this valuation, this single graL\t amounts to upwards of £.2()0,000, or between eio^ht and nine hundred thousand dollars, be- sides an annual appropriation of one thousand pounds for sixteen years. The terras of the Charter place this munificent endowment also under the controul of the clergy of the Church of England, as also the entire government of the College. When, therefore, it is considered, that there are nearly three millions of acres of clergy reserved lands in the Province, which have been and still are a very serious obstacle to the improvement of the country ; that they are a most dangerous monopoly in the hands of a few individuals ; that experience has shewn that such appropriations are not likely to be of any religious advantage to the Church of England, itself in Upper Canada ; that the ministers of other denominations have la- boured more extensively to improve the moral condition of the Province than the Clergy of the Episcopal Church ; that the members of the several Christian denominations are e- qually loyal with the members of the Episco- pal Church, and are equally deserving of the gracious consideration of His Majesty's Go- TerL:ment; that hereby unjust and unwise political distinctions are recognized, which are fraught with endless dissatisfactions, and which must ever mar the happiness of the Province; that the funds arising from the sale of the clergy lands might be converted 14 from a worse than useless purpose, to the pro- motion of various and important internal im- provements ; and that the charter and endow- ments of King's College are partial and ex- clusive — your petitioners cannot but remon- strate against the manifest injustice, impolicy, and evil of thus appropriating so large a por- tion of the Province, and of making such invidious distinctions on account of religious opinions. In this opinion your petitioners have reason to believe a great portion of the members of the Church of England participate. In the Parliament, eighteen members of which the Rev. Dr. Strachan stated in the above-men- tioned letter to the Right Honourable R. J. W. Horton, were members of the Church of England, only three were found in favour of the present application of the Clergy 1 3serves. If these eigl)teen, chosen members of the House of Assembly by the people, may be considered as fairly representing the senti- mehis of tlie members of the Church of Eng- land on this subject, it will be found that five out of six are opposed to giving their Clergy any political advantages over the ministers of other Christian denominations. May it therefore please your Honourable House to take the subject oj promoting religion and education in Upper Vanaday into your rAtist "y^ieriouh consideration : — to take such steps d6 ^^ofnety be teithin the constitutional potbets df yout Honourable House-^to leave IM iminif- • «■ tef$cf all detiominatians of Christian^ to be supp&rted by ihe people among whom they labour^ arid by the voluntary coniributioh of It lh6 pfo- rnal im- iendow* and ex- fc remon- mpolicy, e a por- ng such 'eligious e reason abers of In the bich the ^e-men- le R. J. lurch of ivour of 3serves. of th^ may be e senti- f Eng- iat five Clergy sters of House on and ur nitjst eet-s o/* iriiriis^ ^ to be ft ih^y Hon of benewlent societies in Canada and Great Britain — to do away with all political dis" tinctions on account ^religiaus. faith — to rc- move all ministers of religion from seats and places of political power in the Provincial Govemment-Ho grant to the Clergy af all denominations of Christians the enjoyment of equal rights and privileges in every thin^ that appertains lo tkem as subjects of His Majesty^s Government, and as ministers of the Gospel^ particularly the right of solem- y^nizing Matrimony, of which manyqfihem have long been deprived contrary to the re- peated and unanimous votes of the House of ^ Assembly — to modify the Charter of Ki^g s ~ College established at York, in Upper Ca- nada, so as to exclude all sectarian tests and ^' pr^erences — and to appropriate the proceeds ' of the sale of lands heretofwe set apart for the support of a Protestant Clergy, to the purposes of general education and various internal improvements. And your petitioners, as in duty bound, will ever pray. (Signed) ma By 10,000 and upwards Inhabitants of the Province. ^ "' ■ \jt i.- ■- .. 7 PROCEEDINGS IN THE COMMONS HOUSE OF ASSEMBLY AT "" ' YORK, IN UPPER CANADA, Saturday i March the I2th, 1831. ' »■■ ■>■„ • 1 •; >. ^>'A The House went into a Committee on the subject of the Clergy Reserves, and Char- ter of King's College : — the following Resolutions were reported to the House— 1st. Resolved. — That by the act of the parliament of Great Britain and Ireland, §lst. Geo. 3rd. one seventh of the lands of this Province was set apart for the support of a Pro- testant Clergy : — ^That under that act, appro- priations have from time to time been made; and which appropriations are in this Province known by the name of " the Clergy Reserves." That these appropriations having; been ge- nerally made in lots of two hundred acres throughout the several Townships of this Pro- vince, the value of the same has been much enhanced by the settlement of the Country, and principally from the improvement of the lands in the neighbourhood of such appropri- aiioDS, by the labour of the inhabitants, com- ?osed of various denominations of Christians, 'hat these Reserves being so interspersed with the lands of actual Settlers, have materi- ally retarded the improvement of the Country. '•J A. IT IBLY AT 131. ie on the md Char- following loiise^- ;t of the Ireland, ids of this I of a Fro- st, appro- len made; Province Leserves." been ge- red acres this Pro- sen much Country, !nt of the appropri- nts, com- iristians. erspersed e materi- Country. I That, by an act, passed in reign of His late most Gracious Majesty, provision was made for the sale of a portion of the said reserves. That it is unjust as well as impolitic to appro- priate the said Lands to the support oi any one Church exclusively : And it is extremely difficult, if not altogether impracticable, to apportion or divide the same among the Clergy of all denominations of Protestants. That a large majority of the inhabitants of this Province are sincerely attached to His Ma- jesty's person and government; but are averse to the establishment of any exclusive or domi" nant Church. That this House feels confi- dent that, to promote the prosperity of this portion of His Majesty's dominions, and to satisfy the earnest desire, foster, and ensure the affection and gratitude of the people of thisr Province, His Majesty will oe graciously pleased to give the most favorable considera- tion to the wishes of His faithful subjects.— That to terminate the jealousy and dissention which have hitherto existed on the subject of the said Reserves — ^to remove a barrier to the settlement of the Country, and to provide a fund available for the promotion of education^ and in aid of erecting places of public wor- ship, for various denominations of Christians, it is extremely desirable, that the said Lands so reserved be sold, and the proceeds arising from tlie sale of the same> placed at the dis- posal of the Provincial Legislature, to be applied exclusively for those purposes. That ah humble address be presented to His Ma- jesty setting forth the subect of this Resolu- tion, attd praying His Majesty will be graci- oiiaiy pleased to recommend to His Majesty's B Parliament of Great Britain and Ireland, to pass an act to authorise the sale of the Clergy Keserves, remaining unsold, and to enable the Legislature of this Province to appropri- ate the proceeds thereof, in such manner as may be considered most expedient for the ad- vancement of education, and in aid of erect- ing places of public worship for various de- nominations of Christians. In amendment, Mr. Haoerman, Solicitor- general, moved, that it be resolved, that i;he Imperial Parliament in pursuance of '^he gracious recommendation of our late Rev'.jred Sovereign, Lord King George the Third, hath appropriated, for the maintenance and support of a Protestant Clergy vvithin this Province, a certain allotment of Lands usu- ally known as the Clergy Reserves. That the diffusion of religious knowledge and instruction is an object of the first im- portance to the happiness and welfare of mankind. That the lands appropriated for the support of Ministers of religion in this Province, having been made with a view to this object, it is repugnant to the best interests of the inhabitants of Upper Canada to apply them to any other use. That it is the opinion of this House, that an humble address be S resented to His Majesty, praying that His lajesty will not comply with any request which may be made to recommend to Parlia- ment the alienation of the Clergy Reserves in this Province, to any other purpose than that for which they were set apart. That His Majesty be at the same time informed that it is the earnest desire of His faithful subjects of Upper Canada, to submit to the lan tic e s |]at( IB V |wh enc fnoi The frhe i ^ iilb ent istal inc tepr Maj meni ;ret ?hi( •V reland, to he Clergy to enable appropri- lanner as or the ad- l of erect- irious de- Solicitor- , that v.be ;e of '^he ;e Revered iie Third, lance and rithin this ^ands usu- • knowledge ) first im- yelfare of riated for m in this a view to it interests a to apply le opinion ddress be that His y request to Parlia- Reserves 'pose than rt. That informed s faithful nit to the 19 ame Imperial Parliament that conferred the ind in question, to determine on such alter- tion in the distribution or disposal thereof, s in their wisdom may be deemed best calcu- lated to carry their original intention into |dfi wlU bie exclu- ded fjcom partioi,p9,tua^ in advantaget which shouitd be ojpen to all^ ],tS; influence as a semipajry ot learning o^ thisi account must bQ limited, an|d wiU be looked upon with jealously by a large majority of the Inhabi- tants of thi^ Province. Thai;, therefore, it is expedient to present an humble address to His MajestTiL praying, that Hia lUajesty will be graciously pleased to ca^se the charter of King's College to be cancelled, and to grant anotner free from the objections, to which our duty to the people of this Province has induced ua to advert. Jl • '• ■ The division on this Resolution :•-> Yeas, 29. Nays, 8. ^^^vniO-h Majority, 21. It was moved and ordered that Messrs. j^i^LiOT and Mpi^NT be a comn^ilttee to draft s^nd report an addres^^ pu;'{suant. to the reap" lut^pns o^ thfi.9ubj^qt of tjie Qlftygy Q,pser»ye.9^ It was nfipved and ordered that, Messrs. GiijiaHQLM and Clark be a committee to draft aipdi report an address, puisuant^ to the resolutions on the subject of the Charter of KiRg's CoUcige. V I lo not ^ ce of tliose in^i to a lenomuia- 8 siibjeoti, bo exolu- g9Bi which >nce as a ount must iipOA with le Inhabi- of(>re> it is iddress to ajesty will charter of i to grant to which vince has m: — t Messrs. le^ to draft • the reso- BiesoRyiss^ t.Mecfsrs. mtt«^ to lanf^ to the 'barter of 21 Mf. Elliot (torn the select committee t6 draft aa address to His Majesty^ grounded on the resolutions of this Houste relative to the future disposition of the Clergy Reserves, reported a draft, which was received and read and ordered to be read a second time on monday next. — . V Mr. GmdHOLM from the select committee to draft an address to His Majesty, agreeably to a resolution of this House on the subject of King's College, reported a draft, which was received and read, and ordered to be read a second titae on monday next* r.'^} N.B. The addreis to Dis Majesty patsed the leeond reftdiDg, and wduld have pasted the third reading by file iame majority, if the Govetnor, Sir John Colbome, ked not, on the 15th of March, prorogued the House whilst the discussion was gomg on; and thus the ad* diess of the Assembly to His Migesty hiii been for a time stopped, >.,* « I Vim ; bras' lo ihyir.ilJ h Jflifr ol Y' uiuurAi iiiKt iU.^.-rU^^^/ MHt« 32 Tha following Copy of an Address to the King^ and of Resolutions of the House of Assembly • : in 1828 (to which no answer has yet been sent) will shew the opinions of that Assembly on th.xt subject, ^,„,. To the King^s Most Excellent Majesty, w»:...«. March 10, 1828. Most Gracious Sovereign: i. n; "We, Your Majesty's dutiful and loyal sub« jects the Commous of Upper Canada, in Pro- vincial Parliament assembled, humbly beg leave to represent to Your Majestv* that we have seen, with e^ual surprise ana resret, a letter and ecclesiastical chart, dated I6th May, 1827, and addressed by the Honorable and Venerable Doctor Strachan, Archdeacon of York, a member of Your Majesty's Legis- lative and Executive Councils of this Pro- vince^ to the Right Honorable R. J. Wilmot Horton, at that time, Under Secretary of State for the Colonies, for the information of Lord Goderich, then at the head of the Colo- nial Department; as they are inaccurate in some important respects, and are calculated to lead 1 our Majesty's Government into seri- ous errors. We beg leave to inform Your Majesty, that of Your Majesty's subjects in this Province, only a small proportion are members of the Church of England ; and there is not any peculiar tendency to that ohurch among the people, and that nothing could cause more alarm and grief in their minds, than the ap- prehension that there was a design on the PI U o1 s| ai si t1 t1 tl S'i ihe Kingt 'Assembly r yet been ^ Assembly ^ ijesty. 10, 1828. t >yal sub* , in Pro- ably beg^ that we •egret, a ed I6th onorable hdeacon *8 Leffis- lis Pro- Wilmot 3tary of lation of le Colo- irate in Iculated ito seri- ty, that •evince, of the lot any ong the e more the ap- on the Hi part of Your Majesty's Government, to es- tablish, as a part of the state, one or more church or denominations of Christians in this Province, with rights and endowments, not granted to Your Majesty's subjects in general, of other denominations who are equally con- scientious and deserving, and equally loyal and attached to Your Majesty's Hoyal Per- son and Government. In following honestly the dictates of their conscience, as regards the great and important subject of religion, the latter have never been conscious that they have violated any law or any obligation of a good subject, or done any thing to forfeit lOur Majesty's favor and protection, or to exclude tliemselves from a participation in the rights and privileges enjoyed by Your Majesty's other subjects. We numbly beg leave to assure Your Ma- jesty that the insinuations in the letter against the Methodist Preachers in this Province, do much injustice to a body of pious and deserv- ing men, who justly enjoy the confidence, and are the spiritual instructors of a lar?e portion of Your Majesty's subjects in this Province. We are convinced that the tendency of their influence and instruction is not hostile to our institutions, but on the contrary is eminently favourable to religion and morality; and their labors are calculated to make their people better men and better subjects ; and have al- ready produced, in this Province, the hap- piest enects. While we fully and gratefully appreciate Your Majesty's gracious intentions m grant- ing a royal charter for the establishment of aa University in this Province, we would beg Ni 24 most respectfully to represent, that, as tlie freat body of Your Majesty's subjects In this Province are not members of the churcli oi England, they have seen, with grief, that the charter contains provisions which are calcu- lated to render the institution subservient to the particular interests of that church, and to exclude, from its offices and honors, all who lo not belong to it. In consequence of the^e provisions its benefits will be con^ned to a favored few, while others of Your Ma- jesty's subjects, far more numerous and equally loyal and deserving of Your Majesty's pat'yr- nal care and favor, will be shut out trom a participation in them. Having a tendency to build up one particular church, to the pre- judice of others, it will naturally be an object of jealousy and disgust. Its influence as 9t seminary of learning, will, upon these ac- counts, oe limited and partial. We, thera- fpre, humbly beg that x our Majesty will be pleased to listen to the wishes of i our Ma*. jesty's people in this respect, and to cau$e ib^ present charter to be cancelled, and oae^ granted free fro*!! the objections to whicb» wboldened by a conviction of 1: our Ms^esty'f paternal and gracious feelings to your loyal; subjects in this Province, as well as by a Qohse of duty to the people* aiid a knowledge of their anxiety upon the sn%ct, ^e h*v^ pr^smiied to adrert. We would also beg leaye to st^te that it is. the general desire of Your Majesty s subj^W in this Province) that the monies f^rifin^ frpm the s^de pjT ^ny of the lands fj9t api?xl in this ProvincQ rgr the support and maintor nance of a protectant clergy, Bf^M toe^? i t \ V i 25 , as tlie \s In this liurch oi that the B calcu- 'vient to rch, and Qors, all iei.ce of con^ned our Ma- i equally *s pat«T- I from a endency the pre-p in object ice as a »ese ac- I there- will be ur Ma« cau;^ ,nd one whicht ^esty!^ ir loyal IS by a Tvledgje e at it iS( (lainte^ beeor* f tireljr appropriated to purposes of education and internal improvement — we would moat humbly repreaient, that, to apply them to the benefit of one or two christian denomina- tions, to the exclusion of others, would be unjust as well as impolitic, and that it mig^ht perhaps be found impracticable to divide them among all. We have no reason to fear that the cause of religion would suffer mate* rially from not giving a public rapport to its ministers, and from leaving them to be sup- ported by the liberality of their people. Many works for the internal improvement of the Province, of great importance to its prosperity and to the ease and comfort of Vour Majesty's subjects, are necessarily ne- glected for the want of money in the Provin- cial Treasury: for although the taxes are only of a trifling amount, yet, from the scarcity of money and the want of even a tolerable price for the production of their farms, they are paid with great difficulty by many of Your Majesty's people ; it is impos^- tible therefore to raise by taxation the meai^ necessary to undertake and carry on those ^orks. It is also most desirable that a larger sum than is at present at our disposal should be employed to extend through the country the aovantages of education. We therefore humbly pray, tlvat the monies arising from the sale oi the lands set apart in this Province for the support and mainte- niince of a Protestant Clergy, may be placed 2|t the disposal of the Legislature of this Province, for the purposes we have mentioned* John Willson, Speaker* ; Cofmnana Howe of Assembly, > Wth March, 1829. vnm i jiii.m im cs 26 i... r. f f»/.t<'iv- $titft.ir^ '»(•■»•« f^ ••!3 i Oi The following Resolutions from a Select Com* miUee on Education were reported to the , House, on the 20th of March, 1828, and agreed to, viz: — < ;;|inj *,? 1) {ins ft itti r>(|/W»TUr — — .11;: ' '^m'ji!) Resolved-^Thdii the thanks of this House are due to His Majesty for His gracious in- tentions in erecting and endowing a Univer- sity in this Province. Hesolved — That much erroneous informa- tion has been communicated to His Majesty's Government upon that subject, under v^hich mis-information this House apprehends the charter was granted, with provisions not suited to the condition and wishes of the people for whose benefit it was intended. Kesolved — That it is inexpedient that the Governor, Lieutenant Governor, or person administering the Government of this Pro- Tince for the time being, should be Chan- cellor of the said University, because all such responsible situations should be filled by persons who are amenable to some tribunal for their public conduct. Resolved — That the provision requiring the President of the said University to be a clergyman in holy orders of the United Church of England and Ireland, and to hold his office during pleasure, is highly inexpedi- ent, because in the only Seminary of general learning in the country, all collegiate offices and literary rewards, should be conscienti- ously awarded according to moral and inte- / <• m ilect Com' ted to the 1828, and ' ?r. Uv\}n.\ lis House acious in- a Univer- 3 informa- Majesty's der "which sherds the isions not les of the inded. It that the or person this Pro- be Chan- lecause all be filled le tribunal » requiring •sity to be he United nd to hold inexpedi- of general Late ofiices jonscienti- inte- i lectual merit; should be enjoyed under no dei)endant tenure : and should be held forth as incentives to all candidates for academic honors, without making; such honors subser- vient to favoritism. Resolved — That it is *br the above reasons, highly inexpedient, that the Archdeacon of York, for the time being, by virtue of his office, should be at all times, president of the said University. Resolved — That the provision requiring the Preiident and the seven professors constitu- ting the College Council, to be members of the said established united church, and to subscribe to the thirty-nine articles, is highly inexpedient. - Resolved — That the Chancellor, President, and members of the Council, the professors and other teachers of the said University, ought, after the organization of the same, to be elected by a senate, composed of the mem- bers of the Council, and others who have taken a degree in the said University above Bachelor of Arts, having their name* on the books of the College, such election to be made from the graduates of the said Univer- sity or from the graduates of the Universities of £ngland, Ireland, or Scotland, of suffici- ent standin? in their respective Universities, to be candidates for such office or trust. Resolved — That it would be expedient that the Chancellor elect of the said University should preside in a court with powers, juris- diction and proceedings, corresponding to those possessed by the Chancellor of the Uni- versity of Cambridge in his court, so far as to enable him, assisted by the Chief Justice 28 of the King's Bench for the time being, to hear, try, and determine any appeal to his court by any person whatever, suspended by any authority from his office in the said Uni- versity. •'"^-;:'''-:— .■• ';;'" Resolved — That it is inexpedient that the degree of Doctor of Divinity should be con- fined to those who subscribe to the 39 articles of the said established and united Church ; but that it should be obtainable by ail gradu- ates, who, professing the christian faith, shall, after due and impartial public examinations in the public schools of the said University, evince the classical, biblical, and other learn- ing aad qualifications, proper to be acquired by candidates for such an honor. Resolved — That it would be expedient if the teaching of Doctrinal Divinity were con- fined to the examination of the Students, by questions put by the Professor out of the Bible, in the same manner as the classics in the University of Cambridge are examined npon, and taught any science out of standard authors, leaving discretionary latitude to the Professors, only in lecturing on biblical cri- ticism, theology, evidences of Christianity, sacred history, and whatever collateral bran- ches of learning may be appointed for can* didates for holy orders; by which means would be obviated the principal difficulties apprehended from the same professors being the instructors of students piofessing the ^atith of different denominations of christians. ■■ Resolved ^Thsit whatever in the said char- ter in any degree gives a sectarian character to the said University, ought to be wholly done away. --" ^ - » - - . -j.'jii >\S 29 being;, to lal to his ended by said Uni- j that the i be con- t9 articles L Church ; ail gradu* ith, shalU minations University, her learn- ) acquired pedient if were con- idents, by ut of the ilassics in examinee} f standard tude to the blical cri- iristianity, teral bran- d for can- ich means difficulties sors being essing the christians, said char- l charactet be wholly Resolved — That with the exception of ihe exclusive and sectarian principles, and un- equal distribution of wealth prevailing in the Universities of Cambridge and Oxford, it is highly expedient to follow their institutions and modes of instruction, making ft'om time to time such modifications as experience may point out. Resolved — That without the patriotic, dis- interested and impartial conduct in those to whose wisdom and management the infancy of this institution shall be confided : without a strict observance of economy in the whole system, without inducing from Great Britain and Ireland^ professors of acknowledged learn- ing and worth,, liberally paid, but not with that extravagance which would merge the rewards of honor in the sordid expectation of pecuniary gain, and without makip^ gran- deur of schemes and appearance ^leld to immediate practical and ostentatious utility, the University cannot gain public confidence or realize tlie gracious intentions of His Majesty. Hesoived-^That this House trusts, that no hoped-for modification of the present Charter will suspend the exertions of His Excellency to put into operation Colborne College, ana by the observance of those liberal principles which His Excellency has already been pleased to patronize, and recommend, to open w;ith as little delay as possible, opportunities of Education, no way inferior to those con- templated by the proposed University. N.B. Colborne College has^ neyertlieless, not. been opened. —p « 30 The following is a Copy of Bill which passed the House of Assembly in Upper Canada, in 1930, unanimously, for the regulation of the Canada College^ which the Legisla* . tive Council did not pass — and sufficiently marks the opinion of that Assembly and of the People of that Province, "^ Whereas His Excellency Sir John CoLBORNE, &c. &c, %c. has been pleased to reform the Royal Grr.mmar School and to establish a College at York, called Upper Canada College, under the guidance of able masters, and whereas it would conduce very much to the happiness of this Province, and to the extention of true learning and piety in the same, were the privileges and capacity of the said Institution enlarged and secured by Legislative authority so as to suit the wants and wishes of His Majesty's dutiful and loyal subjects within this Province. Be it, therefore, enacted, &c. &c. &c. That the Seminary lately opened at York, by His Ex- cellency Sir John Colborne, be, and the same is hereby erected and made a College with the style and privileges of a College as here- inafter provided, for the education and in- struction of youth and students in arts and faculties, to continue for ever, to be called ** Upper Canada College/' And be it, &c.— That the Governor, Lieut. ' Governor or person administering the Govern- ment for the time being, shall be visitor of the said College. And be it, &c. — That there be at all times one President of the said College, and as 'A-. « i many Professors, Tutors, and Lecturers in the different arts and faculties within the said College as from time to time shall be deemed necessary or expedient, and as shall be appointed in the manner hereinafter pro- vided. And be it, &c. — That there shall be within the said College a Council, to be called and known by the name of the Council of Upper Canada College; which Council shall consist of twelve persons, one half of the number of which persons shall be nominated by the Legislative Council and the other half by the House of Assembly, which persons so nominated shall be certified by the respective Houses to the Governor, Lieutenant Gover- iier, or person administering the Government for the time being, and shall hold their offices for four years from the day of such nomina- tion, and thence until the then next session of the Provincial Parliament and no longer. And be it, &c. — That if any member of the said Council shall die, or shall be suspended, or removed from his said office, or shall by reason of any bodily or mental infirmity, or by reason of his absence from the said Province become incapable, for six calendar months or upwards, of attending the meetings of said Cfouncil ; then, and in every sucn case, a fit and proper person shall be appointed by the rest of the said Council, subject to the approbation of the Chancellor of the said College, to act and be as a member of the said Council in the place and stead of the member so dying, or so suspended, or re- moved, or incapacitated, as aforesaid : and the appointment of such new member of the 33 said Council &ball be Gommunicated to the Provincial Legfislature through the GoTernor, Lieu tenant Governor, or person administer- ing^ the Goveriinient for the time being, at their next session ; atid it shall and may be lawful for that branch of the Legislature by wbicb the person so dying^, or suspended, or Removed, or incapacitatea, as aforesaid, wafl appointed, either to eonilrm the said temporary apipointment made by the said Council, afore- said,, or to appoint another, as- such branch of the Legislature shall think fit. And be it, &c. — That no meeting of the Council shall be or be held to be a lawhll meeting thereof, unless nine members, at the least, be present during the tvhole of every such meeting ; and that all questions and re- solutions proposed for the decision of such College Council shall be determined by the majority of the members of the Council pre^^ sent, including the vote of the presiding^ member ; and tnat in the event of an eoual division of such votes the member presiding^ at any such meeting shall give an additional' or casting vote. And be it, &c. — That any member of the said Councii may at any time be suspended^ or removed by a joint resolution of toe two' branches of the Provincial Legislature. And be itv&c. — That it shall and may be" la^fulHor the said Council of the said College' Ibom time to time to nominate and elect so many Professors, Tutors, and Lecturers in' thO' several' arts, sciences, and mattelrs^ Of learning, as shall to them seem fit and' ne* cessa^ for the system of education in the' said College, d to the OTernor, ninister- mng, at 1 may be ature by nded, or aid, was mporary il, afore- ranch of S of the a lawftt! '9, at the^ of every 9 and re- of such I by the >resiaing^ ID eaual »resiaitig^ Iditionai r of the ispended^ the tw6^ ire. may be" College' elect so urers in* ttdrs 6f and' ne*' [ in th^ 03 And be it, &c. — That the Chancellor, Pre- sident, Professors, Tutors, Lecturers, Gradu- ates, Under Graduates, Scholars, Officers, and Servants of the said College and every person holding any situation of honour or trust in the same, shall be subject to all and every of the rules and ordinances of the said College, made and provided according to this act. And be it, &c. — That the said Council of the said College, shall have power and autho- rity to frame and make rules and ordinances touching and concerning the peace welfare and Good Government of the said College, the studies lectures exercises and degrees in arts and faculties and all matters regarding the same, the duties of the President of the said College, the number, remuneration and duties of the Professors, Tutors, and Lecturers thereof, the management of the Revenues and property of the said College, the salaries, stipends, provision, and emoluments of and for the President, Professors, Tutors, Lectu- rers, Scholars, Officers, and Servants thereof, the number and duties of such officers and servants and also touching and containing any other matter or thing which to them shall seem good, fit, and usetul for the well being and advancement of the said College, and also from time to time by any new rules or ordinances to revoke, renew, augment, or alter all, every, or any of the said rules and ordi- nances as to them shall seem meet and ex- pedient — provided always that the said roles and ordinances or any of them shall not be repugnant to the laws and statirtes of the said Province of Upper Canada or to this act--* >» 34 provided, also, that the said rules and ordi- nances shall be subject to the approbation of the Chancellor of the said College for the time being, and shall be forthwith transmitted to the said Chancellor for that purpose. And be it, &c — That the said College shall be deemed and taken to be an Univer- sity, and shall have and ei\joy all si «nd the like privileges as are eivjoyed by tnt> Uni- versities of the United Kingdom of Great Britain and Ireland, as far as the same are capable of being had or enjoyed by virtue of this act. And that the students in the said College shall have liberty and faculty of taking the Degrees of Bachelor, Master, and Doctor, in the several arts and faculties at the appointed times : and shall have liberty within themselves of performing all scholastic exercises for the conferring such degrees in such manner as shall be directed by the rules and ordinances of the said College, And be it, &c. — That no religious test or qualification whatever shall be required of or appointed for any perilous admitted or matri- culated as scholars within the said college, or of persons admitted to any degree in any art or faculty therein, whether such degree be conferred in Law, Physic, or Divinity, or other Art or Science* And be it, &c. — That the President, Pro- fessors, Tutors, and Lecturers of the said college, and all persons admitted therein to the degree of master of arts or to any degree in divinity, law, or medicine, or other art or science ; and who from the time of such their admission to such degree shall pay the an- nual sum of twenty shillings lawtul money of 35 lid ordi- )ation of for the nsmitted se. College Ilniver- n ^nd tiib Uni- )f Great lame are virtue of the said iculty of ster, and ulties at ^e liberty C'holastic grees in tlie rules 3 test or ired of or or matri- :>Ilege, or 1 any art agree be , or other jnt, Pro- the said lierein to y degree er art or uch their the an- noney of i Upuer Canada, for and towards the support and maintenance of the said college shall be and be deemed, taken and reputed to be mem- l)er8 of the conyocation of the said University, and as such members of the said convocation, shall have, exercise, and enjoy the risht and privilege of electing a chancellor of tne said University ; which chancellor upon such elec- tion shall have, exercise, and enjoy for the term of four years, next, after such election, such rights and powers as shall from time to time be conferred by any rule or ordinance made as aforesaid, under and by virtue of this act. Provided always that from and after the passing of this act. His Exceliency Sir John Colborne, the present Lieutenant Governor of this Province, shall during the continuance of his administration of the government of this Province or so long as he shall continue to reside within the same, be and continue to be by virtue of this act, chancellor of the said University. And be it, Sfc, — That the present teachers (in what is now called Upper Canada College) shall, from and after the passing of this act, hold their present situations, unless removed therefrom at any time hereafter under the provisions of this act. And be it, flic. — That the members of the said Council and their successors for ever shall foe one distinct and separate body politic and corporate, in deed and in name, by the name and style of Upper Canada College, and that by the same name they shall have perpetual succession and a common seal, and that they and their successors shall from time to time h 36 have full power to alter, renew, or change such common seal at their will and pleature and as shall be found convenient; and that hy the same name, they, the said Council and their successors from time to time, and at all times hereafter, shall be able and ca- pable to have, take, receive, purchase, acquire, hold, possess, enjoy, and maintain to and for the use of the said College, any messuages, kinds, tenements and hereditaments of what kind, nature, or quality soever, situate and being within the said Province of Upper Canada, so as that the same do not exceed in yearly value the sum of ten thousand pounds lawfai money of Upper Canada, above r.ll charges; and moreover, to take, purchase, accjuire, have, hold, enjoy, receive, possess, and retain all or any goods, chattels, charit* ables or other contributions, gifts or benefac* tlons whatsoever ; and that the said Council and their successors by the same name shall and may be able and capable in law to sue and be sued, implead and be impleaded, answer and be answered, in all or any court or courts of record within the said Province of Upper Canada, in all and singular ac* tions, causes, pleas, suits, writs, matters, and demands whatBoc^er, of what nature or kind soever, in as large, ample, and beneficial a manner and form as any other body politic and corporate, or any other persons able and capable in law, may or can sue, implead, or answer, or be sued« impleaded, or answered in any manner whatsoever. And be it, &c. — That it shall and may be lawful for any denomination of Christians in this Province to maintain at the said College a Lecturer on Divinity, (upon making suitable provision to the satisfaction of such Lecturer) 2'or the benefits of students professing the faith of such denomination of Christians, which Lecturer so appointed and provided for, shall have liberty to lecture in tne said University upon Divinity in the same manner and under the same regulations and restrictions as shall Im) provided for the guidance of Professors and Lecturers generally in the said University by any rules and ordinances made in that behalf. And be it, &c. — That it shall and may be lawful for the Council of the said University to suspend from his office the President or any of tlie Professors, Tutors, or Lecturers, or any member of the said Council, who shall be in- capacitated by bodily infirmity ; or for any other just and reasonable cause to the said Council appearing, provided that the grounds of every such suspension shall be recorded in writing, and be verified on oath of two or more credible and disintereste(^. witnesses, and be entered and recorded at length on the jour- nals of the said Council, and be signed by the President of the said Council. And be it, &c. — That every person so sus- pended shall thereupon cease to be a member of such Council, or President of the said Uni. versity, or a Professor, Tutor, or Lecturer within the same, as the case may be ; unless, and until he shall be restored to and re-estab. lisbed in such his station therein by any order to be made in the premises by a joint resolu- tion of the Honorable the Legislative Council and the House of Assembly. And be it, &c.-- That it shall and may be lawful for the said Council of the said College from time to time, to establish sciiolarshipd in ib3 said College for the benefit of tlie pupils of the Disti jt Schools in this Province — pro- vided that the amount of each scholarship shall not exceed the annual value of fifty pounds per annum ; and provided also, that such scho- larships shall be open to general competition for the pupils of all the District Schools in this Province, vi^lthout reference to their pro- fession of religious faith, and be awarded after a public and suitable examination iii the school* of the said College, to the best and most deserving of the said competitors without undue favour; which public examination shall be under the superintendence of the President of the said College and such learned men as he may call to his assistance in the pres^ jce of the college council and such of the public as shall attend. Ard be it, &c. — That it shall and may be lawful for the said college council, and all o- Iher persons whatsoever attached to the said college, and they are hereby required at all times without reserve to lay before the several branches of the Legislatuae of this Province whatever information shall be by them or ui- ther of them from time to time required, rela- ting in any way whatever to the said college and the concerns thereof. And be it, &c. — That, whenever any rule of rules, ordinance or ordinances shall be passed by the said council as aforesaid, containing any provisions which shall in any manner le- late to or affect the enjoyment or exercise by the Professors, Tutors, Lecturers, Scholars, Graduates, Under-graduates, Servants, or o» thers whomsoever connected with the said coU cij an or an hips in pupils — pro- p shall sounds h scho- petition ools in iir pro- d after in the iBt and without m shall esident men as itAce of ublic as may be id ail o- the said d at all i several •rovince n or oi- ed, rola- coiiege f rule 9P e passed ntaining Finer ..'e-^ jrcise by )cholars» is, or o- said coIt 39 lege of any religious form or mode of worship or in any way whatever prevent or restrain them or any of them from attending on the sabbath or other days, whatsoever place of worship they choose ; or shall impose or cre- ate any penalties, burthen, disabilities, or dis- qualifications ; or confer any peculiar or ex- clusive favours or privileg'^s in respect of the same ; or shall in any manner relate to or af- fect the observance of any rules or discipline appertaining to any church or society of Cnris- tians to which any of the persons aforesaid may belong, every such rule or rules ordi- nanc** or ordinances shall not have any foi ce or effect whatever, till the same shall have been laid before the three branches of Provin- cial Legislature, and shall after having been so laid before them or each of them for the space of ten days, receive the sanction thereof. And be it, &c. that it shall and may be law- ful for the said Council, and they are hereby required to meet in the said College at York, at and for the periods following : — namely, commencing on the first Monday m January, and on the second Monday in April, on the third Monday in June, and on the first Mon- day in November, in each and every year, and enuing on the Saturday following : at which stated and periodical times, and at no others, it shall ana may be lawful for the said Coun- cil to do, perform, and ex'^-cute all the duties and trust imposed by this Act, or by any rule or ordinance of the said College made under and by virtue of this Act. And be it, &c.— That it shall and may be lawful for each of the members of the said Council, while in the active discharge of his I ■ ■ M W h Sil 40 said duties at the periods aforesaid, to have and receive from aod out of the funds of the said College, the sum of ten shillings lawful money of Upper Canada, for every day's ac- tual attendance, during the said weeks, and the like sum for every twenty miles in travel- ling to the said College and returning there- from to his place of residence. Provided al- ways, that it shall not he lawful to claim or receive any such daily remuneration until the annual receipts and resources of the said Col- lege shall amount to £.12000; lawful money aforesaid. And be it, &c. — That it shall and may he. lawful for any member of the said Council .t tender his resignation during any session of the Provincial Legislature, to that branch thereof by which he was nominated and ap- pointed, and, upon the acceptance of such re- signation, such person shall cease to be a member of such Council : and it shall there- upon be lawful for the said branch of the Pro- vincial Legislature, accepting such resigna- tion forthwith to nominate and appoint ano- ther person to be of the said Council in the place and stead of the person so resigning aa aforesaid. And be it, &c. — That, if any Professw, Tutor, Lecturer, or other person elected by the said Council to any Professorship, Tutors ship. Lectureship, or other stacion in the said College, shall die in the interval between the: periodical meetings of the said Council, li- mited by this Act, it shall and may be lawful for the various Professors, Tutots, and Lectu- rers, who have been elected by the saidi Council to appoint a fit and proper person to # 41 ma^ be ssion ^f branch and ap- 'such re- to be a ill there- tbePro- resigna- )int ano- jil in the gning as, Professor, beted by ip, Ttttop- n the said tween tb© mnciU H- be lawful ,nd Lectu- the said person to discharge the duties of the said Professor, Tutor, or Lecturer, so deceased, till the next meeting of the said Council and no longer. And be it, &c. — That it shall and may be lawful for the said Council, at their appointed meetings, and they are hereby required to keep at every such meeting a journal of their pro- ceedings specifying the day and hour of as« sembiing, the names of the members of the Council in attendance, the resolutions and matters proposed with the names of the mem- bers /oting for and against each resolution and matter, whether the same be rejected or adop- ted by the said Council, which record or jour- nal of the said proceedings of the said Coun- cil shall at all reasonable times be open at the said College to the inspection of the Visitor, Chan cei lor and other members of the said College, and be hni before the several bran- ches of the Provincial Legislature, whenever by them or either of them required so to do. And be it, &c. — That no religious test or qualificat on whatever shall be requij*ed of any Chancellor, Professor, Tutor, Lecturer, S'holar, or other persr , being a candidate y situation in the said College, nor shall 4')r tr e igibility of any person to any of the afoi3^p^d stations in the said College, or to any other station that may hereafter be crea- ted, be in any way or degree dependent upon or regulated, affected, or prejudiced, by the particular Christian faith of any such candi- date. si £» WF M .1 :u 1 : i:i ,'. ^UH^i' i'? ■■■',. ■-'■i '■ ^'.. ,:-..■:' .-? . ,t. ::';' ti H- f 'strati frmn the Journals of the House oj Asseinoiy of Upper Canada in 1828, of the Numher of Protestant Clergymen of each Sect at that time known in the Province, as reported to the House hy a select Committee, The Lutherans, Quakers, and Roman Catholics are not included, hut the two latter Sects are numerous. O H s o P Methodists. Baptists. Episcopalians )! .' jpresbyterians Kirk of Scotland. Menonists and Dunkers. Wcsleyan r Methodists. To ao u o ,£3 O c« e u o u « B p I?: IIT 45 31 16 6 in .a - o I s ti « cu O M o o a o 66 38 22 ^ no return tal ^6. CO -2 > a 2 in u CU <» 623 6 31 no return no return no return o u .a a s ti a o 'en o u o 130 no return 30 no return no return no return no return