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Les diagrammes suivants lllustrent la mAthode. 1 2 3 • t 6 '^iTV^'C^C^A^C^. ^>:^VV^1^^^^^ AN ACCOUNT OF THE ENDOWMENTS FOR EDUCATION U^ li IN LOWER CANADA, AND OF THE LEGISLATIVE AND OTHER PUBLIC ACTS FOR THE ADVANCEMENT THEREOF, FROM THE CESSION OF THE COUNTRY IN 1763 TO THE PRESENT TIME. The establishment of a system of Education in the elementary, as well as in the higher branches of learning and science, superior to that which has hitherto obtained in Lower Canada, being impera- tively called for, the first step to the attainment of this important end is to ascertain the existing means of Education within the Province, and the public measures which from time to time have been adopted with a view to its advancement. Without here entering upon an inquiry into the proper measures to be taken for the general Edu- cation of the inhabitants of Lower Canada, the present paper is confined to a narrative of the en- dowments for Education in the Province, and of the Legislative and other public acts for its en- couragement and advancement, from the cession of the country down to this time. I' I . I i^) At the period of the conquest of the province, there were several establishments in the country, richly endowed, for the purposes of education, namely, the Seminaries of Quebec and Montreal appropriated more particularly for the education of Ecclesiastics, and the order of the Jesuits, who attended exclusively to the civil instruction of the people. The endowments of these bodies were large and liberal, and they have been continued to them since the conquest, with the exception of the estates of the Jesuits, which have been assumed by the Crown. The endowments of the Seminary of Quebec are of great value and extent. It is possessed of the fol- lowing estates, the Seigniories of Beaupre, 1 5 leagues in front by 6 leagues in depth on the river Saint Lawrence below the city of Quebec, Isle auxCoudrcs, Isle du Cap Boule, Coulanges, and Saint Michel in the district of Quebec, the fief Sault au Matelot and other property of value in the city of Quebec, and the Seignory of Isle Jesus in the district of Montreal. The present value of these estates is not known, but many years ago it was computed at about £1300. per annum, besides large contribu- tions in grain and feudal rights on the mutation of real property, the latter of which in the Sault au Matelot alone containing about 200 houses in the city of Quebec, would amount to a considerable sum. The endowments of the Seminary of Montreal, were likewise of great extent and value, and con- sist of tlie Seigniory of tlie Island of Montreal, upon which is situated the great commercial empo- rium of the Canadas, the city of Montreal, and the Seigniories of Saint Sulpitius, and the Lake of two mountains, in the district of Montreal : the actual value of these estates is not known, but the revenues of the Seminary as stated by the Eccle- siastics themselves, who an? in possession of these estates, exceed £8,000. per annum. The endowments of the late order of the Jesuits were likewise of very great extent and value. The order was in possession of an extent of six superficial acres in the heart of the city of Quebec upon which their Church and College were erected, Lavacherie in the vicinity of the city, the two Lorettes or the Seigniory of Saint Gabriel, and that of Sillery, in the district of Quebec : the Seigniories of Cap de la Magdeleine and Batiscan in the district of Three Rivers, in the latter of which are valuable beds of iron ore, where extensive iron forges have been established : the Seigniory of Laprairie de la Magdeleine and Sault Saint Louis, in the district of Montreal, the latter Seigniory held by them in trust for the savage nation of the Iroquois settled upon it, and since the conquest confirmed to the savages, besides valuable lots of ground in the cities of Montreal, Quebec, and Three Rivers. — Portions of these estates have been alienated by the Crown, since they passed into the possession of the Go- vernment, but the more valuable still remain B 2 1; .1 f ■( r r? •mil produce a clear revenue of about £1,800. per annum, under the present system of manage- ment. Several Nunneries were likewise established in the provincial cities, which are also amply endowed in lands and money, by means of which and by Mis- sions distributed throughout the Province from some of the Sisterhoods, instruction has been generally diflfused amongst the female portion of the population, in the cities and villages of the l^rovincc. All these institutions, with the exception of the late order of the Jesuits, have retained possession of their estates and property, and continue to enjoy them unmolested at this time. The result of the campaigns of 1759 and 1760, gave to Great Britain the possession of Canada, which was afterwards ceded in full sovereignty by the King of France, by the Peace of Paris in the year 1763. The discontents in the old British Co- lonies assumed a new character almost immediately after the cession of Canada, and went on increas- ing in violence, until their open rupture with the Mother Country, and their declaration of inde- pendence in 1774, followed by the American Re- volutionary War which was terminated in the year 1783 by the peace of that year. During the continuance of that contest, the Go- vernment of England could not bestow conside- ration upon the subject of education in Canada, but shortly after the restoration of trantiuillity by the peace of 1783, the civil authorities within tiie Colony directed their attention to the subject. In the year 1787, his Excellency Lord Dor- chester, then Governor-General of Canada, brought the matter under the consideration of the Legisla- tive Council of the Province, who, however, were prevented, by fortuitous circumstances, from re- porting upon the reference made to them, until the close of the year 1789. The Report of the Council is of sufficient importance to require its insertion here entire, and is as follows: — Quebec, May 3\, 1787. " His Lordship called the attention of the Council to the great object of the education of youth throughout all the extent of the province, and it is committed to the Chief Justice, Messrs. Dunn, Mabane, Delery, Grant, S. Ours, Baby, Dupre, and Colonel Caldwell to report with all convenient speed, the best mode of remedying the defects, an estimate of the expence, and by what means it may be de- frayed. (Signed) J. Williams." Observed by the Chairman, that his Lordship's supposing defects in the means of education, the duty of the Committee seemed to be to explore the causes and point to the remedy. That as the subject was not capable of the dis- cussion the reference required, without some local information, he had since put a series of questions <; b f 6 into the Imnd of one of the Canadian Lawyers, in the hope of being able to have spread before the Committee, pertinent eommunications from every parish of the ancient settlements in the two districts of Quebec and Montreal. The questions were these, '* Inquiry to extend to 1st. The condition or present state of education. A list of the parishes and incumbents, and of the number of the parishioners in each, and the amount of their respective church revenues. The number of their schools, and the kind of in- struction—what their support? Can it be true, tiiat there are not more than half a dozen in a parish able to read or write ? 2nd. The cause of the imperfect state of instruc- tion—What kinds of public and general tuition are established? What are the funds? the uses and ends ? the impediments ? A minute detail desired that the remedy may be the better adapted to the evil, and the necessity there is for proper institutions. 3rd. The remedy or means of instruction — the main object is the cultivation of knowledge. Suppose a union for this purpose safe, for the Protestant and Catholic persuasions, and encou- raged by all the enlightened and patriotic charac- ters, whatever the diversity of their religious tenets, is it possible to hope to make a step towards esta- blishing a University in the province, or to find schools introductive of a University ? How may instructors be ac(|uirc(i ? By what mcaiiH can h taste or desire of instruction be excited in tlie parislies ? The means must be adapted to the condition of the colony. 1st. To the strength and ability of the inhabi- tants. 2nd. To the aid to be expected from the provin- cial Legislature. 3rd. To the contributions probable from abroad in money and books, and towards an apparatus for experiments in natural philosophy. Upon the first point, Will the chief inhabitants concur in asking for an incorporation ? Will the subscribers for a library place it in the hands of a Corporation or College ? Upon the second point, What lands of the Crown are there proper to be settled for the use of such a Society ? Upon the third point, Without an establishment by charter, every gift will be dependent upon private confidence, and then nothing is to be expected from abroad. This will not be so, if the stock and revenue are in hands having the confidence of the Government, and may it not be expected to find men of learning for the professors' chairs free of prejudices ? That a letter to the parish pastors might bring a ^rue account of the parishes; awaken inquiry, and ^1 ,1 / { afford useful infommtiou ; and that letters be writ- ten to the heads of the Roman Catholic Clergy. The letter'^'to the Roman Catholic Bishop of Quebec produced the following answer : Quebec f \Sth November, 1789. " The Hor William Smith, Chief Justice. •* Sir, " The following is the result of my reflections upon the scheme which you did me the honour of com- municating by your letter of the 13th of August. " Nothing is more worthy of the wisdom of the Government under which we live, than the encou- ragement of science by every possible means, and with respect to myself, let me assure you, nothing can be more agreeable to my views and wishes. At the name of an University in the province of Quebec, my native country, I bless the Almighty for having ripened the design, and my prayers are offered for the execution of it. However, as you have given me to understand, that my opinions will be received with pleasure, I ought to suggest to the Honourable Council, and to the Committee, in whose name I consider you have written to me, the following observations. '* 1st. It is very doubtful whether the province can at present furnish a sufficient number of Students to occupy the Masters and Professors that would necessarily be required to form an University. While there remains in Canada so much land to 9 clear, it is not to he expected that the country in- hahitants will concern themselves ahout the liheral arts. A farmer, in easy circumstances, who wishes to leave his children a comfortahle inherit- ance, will rather bring them up to agriculture, and employ his money in the purchase of lands, than give them learning, of which he knows nothing himself, and of the value of which it is scarcely possible that he should have an idea. Every nation upon the globe has successively given proof of my assertion, the sciences having flourished, only where there were more inhabitants than necessary for the cultivation of the land. This is not yet the case in Canada, an immense space of country, where the lands little improved offer on all hands wherewithal to exercise the industry and stimulate the interests of the settlers. The towns, therefore, stand alone for furnishing students to the Uni- versity. There are but four towns in the province, William Henry still uninhabited ; Three Rivers scarcely meriting the name of a town. The in- habitants of Quebec and Montreal, it is well known, are not very numerous ; besides, it is probable, con- sidering the present scarcity of money and the poverty of the citizens, that Montreal cannot send many youths to the University. In the course of every two years, ten or twelve scholars are sent from there to Quebec to study philosophy; if more should come from thence, the whole town would ..•", 10 murmur. Many for the want of funds are compelled to finish their studies when only in the class of rhetoric : yet the seminary of Quebec teaches phi- losophy gratis, as well as the other branches of science, and the greatest sum required from a stu- dent never exceeds £12. sterling per annum. Hence, I conclude, that the period has not arrived for founding an University at Quebec. " 2nd. I understand by University a company, community, or corporation, composed of several colleges, in which Professors are placed to teach several sciences. The foundation, then, of an Uni- versity presupposes an establishment of colleges dependent thereon, and furnishing students for it. According to the most esteemed chronologists, the University of Paris, the most ancient in the world, was only founded in the 12th century, though the kingdom of France has subsisted from the 5th. Nothing, therefore, seems to urge such an establish- ment in a province newly risen into existence, where there are but two such Colleges, and which might, perhaps, be obliged to apply to foreign countries for Professors to sit in the chairs, and for scholars to receive their lectures. It will be asserted, that the Anglo-Americans our neighbours, though the settlement of their country is not of long date, have nevertheless fur- nished themselves with one or more Universities. }3ut it must be observed, that their proximity to the sea, which is not the case with us, having 11 rapidly extended their commerce, multiplied their towns, and increased their population, it is not to be wondered that they should be more advanced than we are, and that the progress of the two coun- tries, differently situated, should not be exactly alike. *' 3rd. Supposing the two foregoing reflections refuted by others more judicious and wise, I wish to know by what law it is proposed to govern the administration of this community, before I take any step respecting the clergy of my diocese, or the Canadians collectively. The project of an University in general, does not meet my senti- ments ; I should like a more minute detail. How many different sciences are intended to be taught there? This question is important. A greater number requiring of necessity a greater number of professors, and consequently greater revenues. Is it intended that it should be governed by one rector or by a society of directors ? If by a rector, is the appointment to be for life, or is he to be remove- able at the end of a given number of years ? Who are to be the persons to nominate either him or the directors, if that mode of administration were to take place ? Would it be the King, the Gover- nor, the citizens of Quebec, or the province at large ? What rank or character would be given to the bishop, or what to his co-adjutor, in the establish- ment ? Would it not be proper, that both or one of them at least, should h*^ M a distinguished station ? m If Iff II •■I' 1 >i 'i J* 12 " This is not all, an union protecting the Catholic and Protestant subjects, had been previously an- nounced. These terms are very vague. What are the measures to be taken to accomplish so necessary a junction? Will it be answered, by proposing for the University, persons unprejudiced in their opinions ; this, far from resolving the diffi- culty, seems only to increase it. For what is meant by persons unprejudiced ? The true sense of the expression relates to persons who are neither unwisely prepossessed in their notions in favour of their own nation, nor unadvisedly zealous to inspire into youth not instructed therein, the prin- ciples of their own communion ; further, they ought to be virtuous and moral persons, who govern themselves by Gospel principles and Chris- tianity whereas, in the style of modern writers, a person unprejudiced in his opinions is one, who opposes every principle of religion, who, pretend- ing to conduct himself by the law of nature alone, soon becomes immoral, and not subordinate to the laws necessary to be inculcated upon youth, if it be intended that they should conduct themselves uprightly ; men of this character (and this age abounds with them, to the misfortune and revolu- tion of nations), would by no means suit the es- tablishment proposed. ** After these preliminary observations, which seemed to me essential, I shall just endeavour, Sir, to answer your different questions. 13 \\ *' Question 1. —The condition, or present state of education, a list of the parishes and incumbents, and of the number of the parishioners in each, and the amount of their respective Church re- venues ? *' Answer. — Nothing so easy as to give a list of the parishes and incumbents, but it will be shewn by-and-by that such list is unnecessary, in the business in question : it is not so easy to shew the amount of the Church revenues. " 1. What is termed Ecclesiastical contributions or oblations, is merely a casualty. *' 2. Tithes are not so rigorously exacted, nor in the same proportion as in Europe. Here they are only the twenty-sixth part of wheat, oat. and peas ; it is true they must be brought to the parsonage- house. Tithes are reduced in Canada, which are called in England predial tithes. Respecting the mixed tithes, collected upon hogs, milk, wool, &c. and the provisional tithe collected upon manual labour, or works proceeding from industry, ^uch as the mechanic arts, fisheries, &c. they are alto- gether unknown and disused in the country. Our tithes, therefore, proceeding but from grain, are liable to great changes of augmentation or diminu- tion from one year to the other, depending upon a favourable or unfavourable season. Therefore, it would be difficult to ascertain with precision the amount of the revenue belonging to the incum- bents. !■ \ I } I 'I 14 " Question. — What schools are there, and what is the kind of instruction ? and what is their sup- port? " Answer. — The reverend fathers, the Jesuits of Quebec, before the year 1776, always kept or caused to be kept, a well regulated school, where young persons were taught reading and arithmetic ; this school was free to every one. But Government having thought fit to lodge the records of the province, in the only apartment of the house where scholars could be admitted, the reverend fathers could not continue the good work. *' There are some Canadian masters, I know, who, for payment, teach reading and writing; their schools are regular and daily, and pretty well frequented ; the parents of children sent there are tolerably well satisfied with the progress they make. , *' At Montreal, the Seminary, ever since the time of its institution, has supported a free-school, where children of all ranks are taught reading and writing. Books are given to them gratis. This school is remarkable for its extreme regularity, has had 300 children at a time. "The Nuns, or Congregational Sisters at Montreal have a numerous boarding school for the instruc- tion of young gentlewomen. The Ursuline Sisters at Quebec and Three Rivers, have each another boarding school, also the Nuns of the General Hos- pital at Quebec. The young ladies in the schools 15 are taught reading, writing, needle, and other work, suitable to the sex ; such as embroidery, but above all things they are taught virtue. Public schools are also kept for young women in the three towns of the province, one at Montreal by the Congregational Sisters; one at Three Rivers by the Ursulines ; one at Quebec by the Ursulines, and one by the sisters in the Lower Town ; the schools kept in the country parishes by missions from the Congregational Sisters must not be forgotten. They spread a great deal of instruction. These communities at their own charge support their respective schools, and are also supported and encouraged by the attentions and vigilance of the superiors of the Church, who are careful to see that the intents of the establishments are fulfilled. Above all things, the minds of the children in those schools are 'inspired with morality, and in love and veneration for religion, the principles of which they are taught to understand. " There are some English masters who teach schools at Quebec, Montreal, and Three Rivers, but I do not know their different branches of instruc- tion nor their support. ** Question. — Can it be true, that there are not more than half a dozen in a parish, able to read or write? ** Answer. — Such a report, it is true, is publicly spoken of, and, if 1 mistake not, maliciously spread abroad, to disgrace the Canadians. The imposition ;i Ij ..J -■;5l ' 16 hath even readied his Royal Higlmess Prince Wil- liam Henry. It would be difficult to practise such a deception upon persons well acquainted with the province. For my part, I am convinced that, upon an average, from 20 to 30 persons may easily be found in every parish, who can read and write. It is true, the number of women so instructed exceeds that of the men. ** Question. — The cause of the imperfect state of instruction ? What kinds of public and general tuition are established ? What the funds ? the in- come ? the uses and ends ? the impediments ? " Answer. — Classical learning and rhetoric are positively taught in the College of Montreal since the year 1773, and geography and arithmetic are beginning to be taught. I have reason to expect this establishment will, in time, produce a good effect. The proprietors of the 'establishment soli- cited me in September last, to let them have a Professor of Philosophy and Mathematics ; I shall do all in my power to procure them one. The College belongs to the Administrators of the Parish Church Revenues of Montreal ; it has no other funds than the board paid by the students and the liberality of the Ecclesiastics of the seminary : the Churchwardens seem to have its support much at heart ; it is already of great public use. Boys who cannot afford to live in the College as boarders, are received as day scholars for the moderate sum of one guinea per annum. c< t] oi et dj C( si( V 17 " TJie Seminary at Quebec was founded and en- dowed by tlie first Bishop of Canada. Its own revenues support it. The administration of those revenues is submitted to the inspection of the Bi- shop, who annually examines the accounts of the income and expenditure, as well as those of acqui- sitions made under the foundation. This Seminary, by its constitution, is only held to instruct young clergymen for the service of the diocese ; but since the conquest of the province by his Britannic Majesty's arms, public instruction has been volun- tarily and gratuitously given. Theology, the Classics, Rhetoric, Natural and Moral Philoso- phy, Geography, Arithmetic, and all the different branches of Mathematics, are taught. It has pro- duced, and produces daily, learned men in all the sciences ; they have students capable of doing honour to their education and country : the Bishop names several individuals, and proceeds, without naming a great number of ecclesiastics, who dis- tinguish themselves among our Clergy. "When English young gentlemen have desired to come into the Seminary, they have been admitted there, upon the same footing with Canadians, with- out any distinction or partiality. They were ex- empted, however, from attending religious duties, differing from the principles of their belief. " I should not omit mentioning, that since the conquest, the Bishops of Quebec have always re- sided at the Seminary, where it is made a point of c 1 1 1> I : • ;if 1,1 Ir:). ■> I »J ■1 22 been for some years ? Therefore, in preserving tlie estates of the Jesuits to the Canadians, under the authority of the Bishop, he would have a right to cause this essential part of the intention of the donors to be executed, and it is besides very pro- bable that the College and the public would become gainers by it. "Question. — By what means can a taste or de- sire for instruction be excited in the parishes ? '* Answer. — This, in my opinion, should be com- mitted to the zeal and vigilance of the Curates, supported by the Country Magistrates. " A calumnious writer hath maliciously reported to the public, that the Clergy of the Province, do all in their power to keep the people in ignorance, in order to domineer over them. I do not know upon what ground he has been able to found so rash a proposition, contradicted by the care always taken by the Clergy to present to the people such in- struction as they are susceptible of. The severity of the climate of this country, the distance between the houses of its country inhabitants, the difficulty of assembling the children of the parish into one place especially in the winter, as often as it would be necessary for their education, the inconvenience of a teacher going daily to a great number of pri- vate houses. Such are obstacles that have rendered useless the desires of many of the Curates, whose efforts to instruct the children of their parishes, arc within my knowledge ; but in towns and vil- H laf^os, such as Assumption uiul others, wc have the pleasure of finding the people in general pretty well informed ; most of those villages are supplied with schoolmasters. " Question. — Will the principal citizens concur in asking a Charter of Incorporation ? ** Answer.— I understand a Charter to be Letters Patent, fixing and consolidating the establishment of any Society or Body whatever. To this, I an- swer, that such a Charter as should be immediately procured in favour of the Jesuits' College, might hereafter be renewed in favour of a University, which would afford a great support to those esta- blishments, and much encouragement to the people. " Question. — Are there not lands of the Crown which might be proper to request the grant of, for the benefit of the University ? " Answer. — Time will bring all things about. On the supposition that the estates of the Jesuits were to be left to the public, for the education of youth, a part of those estates would be in time improved and produce sufficient funds, to be able to spare a part for the necessary support of a University. Independently thereof, may we not hope, that his Majesty, full of benevolence towards the prosperity of his subjects, would grant them, for a work of this nature, some new grants en roture or en fief out of the waste lands of the Crown. " Question. — The funds and design being com- mitted to such trusts as the Governor-General may » .H • ■ fT I t ii i S '' I ' ! 24 tliink proper, may not much be expected, when men of learning, free from illiberal principles, are in the professors' chairs for the liberal arts and sciences ? " Answer. — It seems to me I have sufficiently an- swered this question, in my third preliminary ob- servation. I shall only add, that Theology will always be taught at the Seminary, and consequently this object will never be burthensome to the public. ** You have now. Sir, my reflections and answers respecting the plan of a University, proposed by the Honourable the Legislative Council. I have informed you with freedom and sincerity, that so early an establishment of a University at Quebec does not appear to me suitable to the present cir- cumstances of the province. Upon this occasion, I have laid open my views and way of thinking relative to the education of our vouth ; it remains that I request you to refer this letter to the Com- mittee upon the establishment in question, assuring them that nothing is nearer to my wishes, than to conciliate in all things my respect for the Govern- ment, and the Honourable Council, with what I owe to my nation, to my clergy, and to my religion, which I have sworn, at the foot of the altar, to maintain to the end of my life. I have the honour, &c. (Signed) Jean Fran. Hubert, Bishop of Quebec. The causes of the non-convention of the Com- •4 25 ■;t ( mittee before this day, being explained, the Chair- man, as leading to the discussion of this very important subject of the reference, begged leave to observe to the Committee : That the main inquiry (the result of which was to be reported to his Lordship) appeared to be, To what extent or degree it was expedient to in- troduce the means of education in this province ? That certainly there could be no division of sentiment respecting the point, that elementary instruction is necessary to the lower classes in all countries, the want of which left a people in a state of base barbarism. By these he meant, 1st. Parish Free Schools, or a School in every village, for Reading, Writing, and the four common rules of Arithmetic. 2nd. A County Free School, one at least for fur- ther progress in Arithmetic, the Languages, Gram- mar, Book-keeping, Guaging, Navigation, Survey- ing, and the practical branches of Mathematics, The next step in civilized countries, was a University or a Collegiate Society for instruction in the liberal arts and sciences. How far the province was prepared for such an institution, or on the point, which the Right Reverend Bishop had with much reason made the subject of his deliberation ? The Chairman concurred with the Right Reve- rend Bishop, that the erecting of a University, measuring it by the European scale, would be ey- I i f '^l M 'I i I h I l\ (11 ii! It , ■■» i I: , || t: 26 travagant, as neither adapted to the abilities, nor the wants of a country not yet consisting of one hundred and fifty thousand inhabitants, who had a wilderness before them to be brought into cultiva- tion, for obtaining the necessaries of life. It was, nevertheless to be wished, that the youth of the Province might not be estranged from it by an education in foreign parts, but find at home sufficient means to qualify them for the trusts, offices, and honours of their native community. Though the idea, therefore, of establishing such a fountain of light here, as is found in the Univer- sities of the old Continent for the diffusion of knowledge among the nations, and through the regions of his Majesty's Inland Dominions, was only to be indulged in as an object of distant pros- pect, the great and important questions still remain, How far the necessities of the Colony demand and its abilities will furnish, a College or Academy for that improvement of the mind pre-supposed in any advancement to real usefulness in any of the learned professions, and indispensably necessary to every great social collection, and without which it must be indebted to emigrants from other countries ? A College under one Rector and four Tutors, dividing the labours between them, would, in his opinion, be sufficient to instruct the Students to be expected from all the Provinces on this Continent now remaining to Great Britain, in Grammar, Logic, Rhetoric, Mathematics, Natural Philosophy, Metaphysics, and Ethics ; and these sciences made the path in which all were obliged to walk to obtain any degree of eminence in the learned pro- fessions, or to give a man distinction among his fellow citizens, and to enable him to come forward to the magistracy and other important services of his country. The Chairman added, that though an Institution of this extent could not be very expensive, it would nevertheless require an union of hearts and hands to give it the desired prosperity ; and this it cer- tainly could not want, by due guards against the illiberality of a contracted and sectarian spirit ; to which end, it was his idea, the state of the Province considered, that Christian Theology be no branch of instruction in this College, but left to be provided for by the two Communions that divide the Pro- vince, in such way as they select, and by such means as they respectively possess or may acquire. That a Corporation be created by Letters Patent, capable of donations and perpetual succession, and with authority to make Bye- laws. That the visitation be vested in the Crown. That the King's Judges, and the Bishops of the Province for the time being, both Catholic and Protestant, be Members of the Corporation, and the rest to sixteen or twenty of the principal gen- tlemen of the country, in equal number of both Communions, and the vacanciei be filled by the majority of the voices of the whole body. 'I- .'■' (I I )in I .f :r ua li '.1 m 'if ;1 11,. :iii: 1^1. 28 That proper clauses be inserted in the Charter to repel every appropriation and bye-law touching the funds or government of the College, to any other than the promotion of science at large as aforementioned, the exclusion of all biasses, cere- monies, creeds, and discriminations, either of the Protestant or Catholic Communions. Upon the remedy of the defects by the order supposed to exist, the Chairman remarked that the erection of the Village and Country Schools would require an Act of the Legislature, rating each parish in assessment, for the Free Schools of its own district. That the objections of the indigent to their con- tributions for either were answered by giving their children the benefit, with exemption of them- selves from the general charge ; and those which may arise in the old districts of Quebec and Mont- real, from their having funds and schools already of their own, by making all such persons also ex- empt, whose children really were in such a course of education. If the burthen were to be felt any where heavy, it would be only in the new Counties, where the Colonists were occupied in the cultivation of lands still in a wilderness state. But even those parts of the Province, young as they were, would pro- bably find no cause to complain. The Noble Lord at the head of the Government had already set apart portions of land, to encourage the instruc- 29 tion of the children of their villages, and they had ample grounds to hope for other appointments for the County Schools of their districts, not to mention that the applauded merits of their fidelity to the country, in the late troubles, may expect aid, as soon as their wants are properly revealed, from the numerous charitable foundations and societies of the Mother Country, for which it is so greatly renowned. Least of all. as the Chairman remarked, was it to be apprehended that a Colonial College would fail, unless there was in its bowels something repugnant to its success. It may most assuredly expect the powerful patronage of the Crown, and of all that wish well to science, so friendly to the interests of our common nature, perhaps it may be thought worthy of the national attention. The Right Rev. Bishop of Quebec was not singular in suggesting that a portion of the estates of the dissolved order of Jesuits lays open to such a purpose. It is not wholly asked for by the Right Honour- able Lord Amherst. There is a part to be reserved for public purposes, and the extent of that reser- vation is a part of the confidence which His Ma- jesty in his great grace to his people, has com- mitted to that noble personage, under whose care the Province is at a moment so auspicious to the laudable design he himself recommends to the at- tention of this Committee. There is nothing to If -^ ■"1h J] i;i a m. >' i 'J ■::i m im 30 discourage the hope of additional benefactions out of His Majesty's other estates in this Province. There are waste lands in various places, and of such proximity to the old settlements, as might be soon tenanted, to furnish a revenue with the coun- try, all-sufficient for the Institution in its progress to that desirable perfection prayed for by the good Bishop, and in which he must be joined by every friend of mankind. It happens to trusts to individuals, that the dread of a perversion of their funds gives discourage- ment to gifts. The contrary is the natural conso quence of pouring the donations into bodies of per- petual existence, with a just frame, a noble end, and under the charge of the Government. The Corporations once instituted may boldljr come to the foot of the Throne, and ask a brief for anational collection. Abstract from the encouragement of public bodies, there are instances of private opu- lence in many places, with a generosity equal to that of opulence, and on the watch for opportuni- ties to devote it to enterprizes for advancing the honour of the country, the interests of learning, and the welfare of the common weal. The Jesuits' spacious buildings, as the Bishop has observed, afford ample opportunities for a Col- legiate life. The private subscribers of Quebec, who have already, at a great expence, made an ample col lee- • A 31 tion of well chosen books, will, doubtless, sec it consists with their original design, to lodge them in the College Library for general use. The board for commons and the tuition money will go to the support of the College students, who, if it has fame, may be expected from all the Pro- vinces under the Governor General residing in this ; and the advantage of acquiring one of the most universal languages of Europe, may be a motive even in remote countries, for taking the whole circle of the sciences in a College projected for the commencement of a University in Canada, for His Majesty's American dominions. No greater revenue can be at first wanted than will render the stations of one Rector and four Tutors worthy the choice of men, qualified by mo- rals and talents, for a work and sphere which the necessities of many, among the learned of Europe, would lead them to wish for ; and there are some, whom the hope of being honourably and usefully employed, would excite, even to forego the present comforts of local attachment, and to embrace it. Advanced to the Institution of a College, the Committee must perceive, that like a reservoir for watering the surrounding fields, this, as a fountain, would find candidates in this Province for the care of all inferior Schools in our expanded population, to the extremity of the British dominions in the West ; and that, therefore, though it was mentioned last, in the claim of deliberation, it ought to have 11 fij- im i . t !ii \-M^ 40 and that these estates, though sufficient, do not exceed all necessary expences to afford a public education, properly organized, and on a liberal plan ; for which purposes they were granted ; and there- fore justly claim the same with the respect due to this Honourable House." ^'Quebec, Ath February, 1793." An Address to his late Majesty Geo. the Third, upon the foregoing Petition, and embodying its substance, was unanimously adopted by the Assem- bly on the 11th April 1793, and transmitted to be laid at the foot of the Throne, but no answer thereto was received from the Crown. In the year 1800, the Executive Government of the Province went into possession of the whole of the Jesuits' estates, whereof an enumeration has been before given, which had been amortized by the Royal Instructions and permitted to remain in the possession of two or three of the surviving Jesuits, until the death of the last of the order, which took place in that year. The Royal Instructions to the Governor General on this point, bear date in the year 1774 and are as follows: — " That the Society of Jesuits should be suppressed and dissolved, and no longer continue a body corporate and politic, and that all their rights, privileges and property, should be vested in the Crown, for such purposes as the Crown might hereafter think fit to direct and 41 appoint, and the Royal intention was further de- clared to be that the present members of the said society as established at Quebec, should be allowed sufficient stipends and provisions during their natural lives." In the same year 1800, the subject of the Jesuits* estates having occupied the attention of the House of Assembly, an address to his Excellency was adopt- ed, ** praying for certain documents to facilitate the investigation of the claims and pretensions of the Province, on the Jesuits' College converted into barracks, and to the estates of that order originally granted by the King of France for the purpose of educating the natives of the country." The reply of his Excellency stated, " that in consequence of the Address of the House of Assembly on the 1 1th of April 1793, the claims of the Province had been considered by his Majesty in Council, and that the result of that consideration had been an order to take possession of those estates for the Crown. That if, after this explanation, the House should deem it advisable to investigate, they should have access to the documents required ; but any further appli- cation on the subject might be inconsistent with the accustomed respect of the House of Assembly for the decision of his Majesty, on matters con- nected with his prerogative." The House, in con- sequence of this answer, passed to the order of the day, and for the time dropped the subject. At the opening of the session ol the Provincial j; „.^ if ■ H^: 'i.-J 42 .,*' ^: Legislature on the lOtli of January 1801, his Excel- lency the Lieutenant-Governor, informed the legis- lature of his Majesty's instructions in respect of education, in the following terms : "With great satisfaction 1 have to inform you, that his Majesty, from his paternal regard for the welfare and prosperity of his subjects of this Colony, has been graciously pleased to give directions for the establishing of a competent number of free schools for the instruction of their children in the first rudiments of useful learning and in the English tongue, and also as occasion may require, for foun- dations of a more enlarged and comprehensive nature, and his Majesty has been further pleased to signify his Royal intention, that a suitable pro- portion of the lands of the Crown should be set apart, and the revenues thereof applied to such purposes." The address of the Assembly to his Excellency, in answer to that part of his speech which referred to his Majesty's intention with re- spect to education is as follows: " With the most lively gratitude we learn, that His Majesty in his paternal attention to the wants of his subjects, however remote, has not only seen the ne- cessity, but in his Royal munificence has provided the means of early education for our children, leaving us room to hope for foundations of a more enlarged and comprehensive naturd, and we are truly sensible of the zealous solicitude which your Excellency on this occasion has particularly evinced J'd 43 for the welfare of this Province. We should be deficient in that respect which we owe to all sub- jects recommended by your Excellency, and want- ing in duty to our Constituents if we did not eagerly seize the present opportunity, and contri- bute every thing in our power for the execution of a plan so peculiarly beneficial to the rising genera- tion : and your Excellency may be assured, that nothing on our part shall be neglected which shall tend to its accomplishment.'* In the same year, 1801, the Provincial Act of the 41st Geo. III. chap. 17 was passed, intituled, " An Act for the Establishment of Free Schools, and the Advancement of Learning in the Province.'* This Act forms the first great epoch, from the cession of the Colony, in the History of Education therein, and was believed to have established a consistent and efliicient system for its encouragement, and a firm and durable basis for its establishment, sa- tisfactory to all classes of the provincial population. The very great importance of this Act requires, that an abstract of its provisions, not omitting its preamble, should be inserted here. The preamble is as follows : — " Whereas your Majesty, from your paternal regard for the welfare and prosperity of your Majesty's subjects of this Province, hath been most graciously pleased to give directions for establishing a competent number of Free Schools for the instruction of their children in the first ru- diments of useful learning, and also as occasion jt'lffl' *!' !' ii •^ i 44 may require, for foundations of a more enlarged and comprehensive nature. And whereas your Majesty hath been further graciously pleased to signify your Royal intentions, that a suitable pro- portion of the lands of the Crown be set apart, and the revenues thereof appropriated to such purposes. Therefore, we your Majesty's faithful and loyal subjects, the Legislative Council and Assembly of your Province of Lower Canada, with the most lively gratitude for this new instance of your Ma- jesty's paternal attention to the \\ants of your Majesty's subjects, and desirous to contribute every thing in our power for the execution of a plan so peculiarly beneficial to the rising generation, do most humbly beseech your Majesty that it may be enacted," &:c. The provisions of the Act are contained in the following abstract : — The Governor is empowered to erect a Corpora- tion to be called " the Royal Institution for the ad- vancement of Learning,'* with all necessary powers for purchasing and taking property without licence in mortmain, and to be composed of Trustees to be appointed by the Governor. To this Corpora- tion, the entire management of all Schools and Institutions of Royal Foundation in the Province, as well as the administration of all estates and pro- perty which may be appropriated to the said Schools is committed : the Governor has autho- rity to appoint the Corporate Officers, and to ^.0 Hx the tiiiips and places of tlie meeting of the Corporation, and the number of its members : bis sanction is required to all rules, orders, and sta- tutes which may be made for the Schools and In- stitutions by the members of the Corporation, and for the government of the Masters, Professors, and Students of the Schools, and the management thereof. He may establish one or more Free Schools in each parish or township as he may judge expedient, only upon the application of the inhabi- tants, or a majority of them to that effect, and he appoints the Schoolmasters and orders the salary after the conveyance of the School-house to the Corporation : the erection of the School-houses first subject to his approval, and the expence of their erection are entrusted to Commissioners to be appointed for this purpose by him, the ex- pence of the erection to be equally apportioned among the inhabitants; the School-houses when complete to be conveyed to the Corporation, pro- perty vested in the Corporation for the purposes of this Act, may be let or demised by that body for a limited period, the rents, issues, and profits to be accounted for to the Receiver-General, and by him to the Crown as other public monies," the other provisions of the Act refer to details which are un- necessary to specify. In 1803 the Executive Council of the Province having directed its attention to the subject of edu- cation, for the adoption of measures proper for carry- 1 i'^f fl 'mi "■ if: IP ■; ! i. ,' *'ii ,1^ !'»! "W, t I' 1 J^i ^ £3 I! i-l Il > 4({ 1 I'l :.|li !■ (fPti ■.♦ ing into effect the gracious intentions of His Majesty, conveyed in the message of the Lieutenant-Governor above referred to, and for endowing the Schools and Institutions contemplated in the foregoing Act, recommended to his Excellency, " that sixteen townships of the waste lands of the Crown should be appropriated for future endowments of Educa- tion ;" His Majesty was subsequently in the same year graciously pleased to approve of the appro- priation of a sufficient quantity of the waste lands of the Crown, for the foundation of two Seminaries, one at Quebec and one at Montreal, to the extent of 20,000 acres for each School, and declared his Royal intentions that the necessary measures should be immediately taken for carrying the plan so far into execution. Nothing however, has since been done to carry this instruction into effect. From the influence of various causes to which it is unnecessary to advert, the Act of 1801 did not produce the beneficial results which it was origi- nally intended and calculated to effect ; no proceed- ings having been adopted under the Act, both Houses of the Legislature concurred in the year 1812 in an Address to the Prince Regent, "soli- citing the attention of His Royal Highness to the state of Education in the Province, and to the want of public institutions for the instruction of youth, and praying the consideration of His R«)yal High- ness to allow the revenues of the Jesuits to be ap- propriated to the relie'of these necessities." The .1.' m 47 war with tho United Stutes of Americn, wliich com- menced in 1812 and did not terminate until tlie year 1815, engrossed the attention of the Govern- ment to the exclusion of all administrative mea- sures, not of immediate necessity; and though Schools had at different times been established by the several Governors, yet until the year 1819, no attempt to establish a regular system under the provisions of the Act of 1801 was made, and they were moreover attended with great ex- pence to the Province. Up to the year 1818, the Royal Institution had never been regularly esta- blished ; but on the 8th of October in that year, an instrument, issued under the Great Seal of the Province, appointing certain persons therein- named to be Trustees of the Schools of Royal Foundation in the Province, and by subsequent instruments, several other persons were added to the members originally appointed. The Lord Bi- shop of Quebec was named the prinoipal of the Institution, and rules and regulations for the ma- nagement of the Schools prepared by the Trustees, received the sanction of the local Government. By these regulations the regular superintendence of the Schools was provided for as follows : — *' The School was placed under the immediate inspection of the Clergy of that religion professed by the in- habitants of the spot, or where the inhabitants might be of different persuasions, the Clergy of each Church had the superintendence of the chil- dren of their respective communities. ■(/ i-' .^•; 48 .)*' " A ron^ular supmntciKlencc of the Scliool^ was also assigned to visitors named by the Corporation, one of whom was the Clergyman of the parish or township, according to the rule above described, who were to report to the Corporation, every six months, the number, progress of the scholars, the conduct of the Master, and generally on the state of the Schools." Elementary Education remaining in a very de- pressed condition, the Legislature again directed its attention to the subject, and in the year 1824, and in subsequent years, adopted various legisla- tive provisions in reference thereto. The system established by the foregoing Act of 1801 having been fundamentally subverted, through a succession of Provincial Legislative enactments from the year 1824 inclusive downwards, it is proper here to give the history of these several X1.CIS. • On the 2 1st of January, 1824, a petition from the inhabitants of Quebec was presented to the House of Assembly representing " that it would be a desirable thing that there should be established Schools in the Province for Elementary Education on a proper basis, calculated to induce parents of different religious creeds to send thither their chil- dren, with confidence, to be there instructed, both in the principles of their respective religions, and in the English and French languages, and go through a course of Geometry and Moral Economy, praying ■ I! ii::*'; 49 tliat the House of Assembly would pass a law to that eflect." An extremely elaborate report of a Special Com- mittee of the House of Assembly upon Education was adopted by the House on the 25th February, 1824, the substance of the report refers almost en- tirely to the estates which had belonged to the late order of the Jesuits, and concludes by urging the Assembly to renew their claims for the applica- tion of those estates to the promotion of education. In this year, (lb24,) the Act 4th Geo. IV. ch. 31, was passed, intituled, " An Act to facilitate the establishment and endowment of Elementary Schools in the parishes of the Province." The fol- lowing is an abstract of its provisions. The parish Fabriques, that is local Corporations established in each Roman Catholic parish, by which the temporalities of the parish Church are administered, are authorised to establish one or more Schools in each parish of the Province, and to have the sole management and direction of these Schools: not less than one School is to be established in every parish, and a greater number, according to a given proportion of inhabi- tants : one-fourth part of the annual income of the Fabrique or parish Church may be applied to the first establishment of these Schools ; the Fabriques were also authorised to purchase and take real and personal estate for the support of these Schools for their foundation, not to exceed a certain amount E I ' , ^ 4 t n !| ,• i i} of capital aiitl incomi' ; the Fal)ri(|uo to account annually at a public parish meeting lor that pur- pose. From this epoch of 1824, the history of Provin- cial Education is divided into two branches, the one having relation to the old system, under the Act of 1801 or that of the Royal Institution, under the control of the Provincial Government ; and the other having relation to the new system, under the Act of 1824 and subsequent Provincial Acts, inde- pendent of that control. As has been already shewn, the Royal Institution did not go into operation until the year 1818 ; after that time, Schools were estublished under it in a certain system, depending for their support upon an annual appropriation made by the Legislature, at the rate of £2,000. per annum, which continued until the year 1832, when the appropriation was reduced to £1,265. and after that year entirely ceased. It was to have been expected that the erection of the Corporation of the Royal Institution would have been accompanied or immediately followed, by a public endowment of lands for its support ; such, however, was not the case ; the measures taken by that body for the obtaining such endowment, with the result of them, will be given in a subsequent part of this paper. The history of the Schools under the new system, and of the various legislative proceedings i •1 .01 ailo|)tctl since the year 1824, will require a greater detail. Subsequently to the passing of the last-mentioned Act in that year, the next Act of the Provincial Legislature was in 1829, when a new Act was passed founded upon different principles, but equally repug- nant to the system established by the Act of 1801. The Act passed in the year 1829 (the 9th Geo. IV. chap. 46,) is intituled '* An Act for the encou- rag'.ment of Elementary Education." This Act provides, that the establishment and sole manage- ment of Schools in their respective parishes and townships should be confided to Irustess, elected by the Landholders, inhabitants of the parish or township elegible to vote for Members of the Legis- lature for the County ; the Trustees were empowered to hold property which may belong to the School, and to receive benefactions ; half the expcncc of erecting School-houses, if not above £50. to be advanced from the public funds on the certificate of the Trustees : an annual stipend of £20. for three years was allowed to the Schoolmasters, with a further allowance for poor children, not exceeding 50 in number ; the religious communities in the parishes were to participate in the benefits con- ferred by this Act, but all Schools under the Royal Institution were expressly excluded from its advan- tages ; the Trustees were required to report their j)roceedings annually to the Legislature. e2 (1,1 II I . I 5^2 In the year 1831 the Act of the 10th and 11th Geo. IV. chap. 14 was passed, by which the last previous Act was amended, by making any Rejtor, Curate, or Minister, though not a freeholder, resi- dent in the parish or township eligible to be Trus- tees, and excluding from the pecuniary benefit of the last preceding Act all Schools established by individuals. In the same year the Act 1st William IV. ch. 7, was passed, by which the provisions of the two latter Acts were extended to all missions and extra parochial places, and their pecuniary allowances continued until 1832; the payment of all monies for the purposes of those Acts was required to be made to the Trustees only, and authority was given to the Governor to appoint Visitors to the Schools established under the Act, who with the Members of the Assembly resident in the county, and the resident Rector or Curate of the parish were to visit the Schools annually, and to report the particulars of the same to the Legislature, with their recommendations thereon. In the same year, 1831, a standing Committee was appointed in the House of Assembly to report from time to time on all subjects connected with Education and Schools, by which Committee, re- newed at the commencement of every Session, several Reports have been submitted to, and approved of, by the House of Assembly. 53 In the year 1832, the Act of the ^nd WiUiam IV. chap. 26, was passed, by which the Counties of the Province were divided into 1,344 School dis- tricts, in each of which an elementary School was to be established at the discretion of the Visitors, and an additional one for Girls in the School districts of each Roman Catholic parish or mission in which the Church or Chapel was situate ; until the year 1834 subsequently prolonged to the year 1836, were granted one half of the expence of erect- ing School-houses, if not exceeding £50. was al- lowed, and the sum of £20. per annum to each School district for the salary of the Schoolmaster, from the provincial funds, provided no greater charge, than 25. per month is made for the education of each Scholar, and that twenty Scholars at least have been in regular attendance for a certain por- tion of the year ; where there are less than 20 pay Scholars, the Trustees may admit a proportion of poor for gratuitous instruction ; a sum of 10s. for each School district is also allowed for distribution by the Visitors in prizes or rewards among the chil- dren. The School Visitors are the resident Members of the Council, the County Members of the Assembly, the Ministers of the most numerous religious deno- minations within each parish, but for the parish only, the Senior Justice of the Peace, and the Se- nior Officer of Militia, who are required to make an annual visitation of tlie Schools in the County, .'' '/ iii R= f . f !..♦• 4 t 'I ' . i,: i ,■*' I 54 and to certify the documents necessary to obtain the various grants of money above enumerated: and the three last preceding Acts were repealed by the provisions of this Act. In the year 1833, by the 3rd William IV. ch. 4, Superiors and Professors of Colleges and Presidents of Societies for promoting Education, were declared eligible to be School Visitors. In the year 1834, a Bill passed through both Houses of the Provincial Legislature, but was re- served for the signification of his Majesty's pleasure, by which it was contemplated to give generally a corporate capacity to all Provincial Institutions for Education. His Majesty's sanction to this Bill was refused upon the following grounds, set forth in Lord Aberdeen's dispatch of the 1st January, 1835. " It is not without the deepest concern that his Majesty finds himself under the necessity of post- poning his decision on the Bill for the further and permanent encouragement of Education. Deeply impressed with the extreme importance of the ob- ject in view, and anxious to encourage by the utmost exercise of his authority and influence, the growth of sound learning and religious knowledge in every part of his dominions, and especially in a Province, where those advantages are so essential to the right use of the extensive franchises and poli- tical rights enjoyed by every class of society ; his in %. 55 Majesty could not be induced by any slight motives or ordinary difficulties to defeat, or even to delay, the establishment of a system devised by two branches of the Legislature for the attainment of that great end. In the present case, however, the impediments which present themselves are neither few nor inconsiderable. ** I do not adopt an opinion which appears to have been entertained by some persons in the Province, that this Bill is objectionable because it creates corporate bodies thus calling on the Governor to concur in a measure not contemplated by his com- mission er ^-^tructions. It is, indeed, true, that his Majesty hi' not thought it necessary or expe- dient to delegate to your Lordship the prerogative by which his Majesty himself can incorporate voluntarily, societies for various general or specific purposes, but the motives which have forbidden the transfer of this power to the Governor of Lower Canada in his executive capacity, have no appli- cation whatever to acts to be done by him in his legislative character. The Constitutional Act of 1791 confers on the Governor of the Provinces, as a member of the Legislature, powers large enough for this purpose, and although the same act enables the King to instruct the Governor, as to the exer- cise of those powers, yet his Majesty has not hitherto found, and does not now perceive, any reason for fettering your Lordship's discretion to i.» ^f>. 'i\ c I, ■: ]' •M (.• . ;ji1. ( I 56 f I. Hdlr T ::i ■ y\ assent to any Bills which may be tendered to you, for the erection of corporate bodies in the Provinces. *' Neither am I disposed to attach any real impor- tance to the unlimited power which this Bill would confer in holding in mortmain rent-charges of any amount for the objects of the proposed Cor- porations. With the changes which time has in- troduced in the state of society and public opinion throughout Christendom, have past away the greater part, if not all, of the solid reasons, by which our ancestors were induced to contend against the immoderate growth of ecclesiastical and collegiate foundations, and maxims which might be just and useful in the densely peopled state of Europe, possessing territories of compara- tively narrow extent, would be altogether delusive, if transferred to the continent of North America. ** But I observtj that the Bill imparts a corporate character to every institution in the Province, which at the date of its enactment, may be pos- sessed of any lands devoted to the purposes of education. It is not, as far as I perceive, requisite that the whole of the lands and revenues should be devoted exclusively to this purpose. It must, therefore, remain a matter of conjecture, rather than of certain knowledge, what is the number or what the nature of the associations, which may be able to avail themselves of this privilege. It is even possible that private partnerships, or pri- vate families, or even individuals may, since the »'li !i' 57 first public notice of this measure have qualified themselves to assume a corporate character, so soon as the Bill should have passed, on the very easy condition of appropriating eight acres, or even a smaller quantity of land to purposes of Educa- tion, to be conducted by themselves. Improbable as I admit such an abuse to be, the mere possibi- lity of it appears to be, to demonstrate the neces- sity of a careful revision of this measure. " Further, the Bill contains no single clause or enactment, respecting the constitution, or mode of government of the corporate bodies it would create, nor any provisions subjecting them to any visita- torial authority, nor any declaration of the liabi- lity of the charters to forfeiture by the judgments of the Courts even in the case of the most flagrant abuse of their powers. In the absence of these usual and indispensable restraints, it is difficult to exaggerate the dangers of the perversion of this law to purposes entirely remote from the design of its authors. " Again, the permanent line by which all existing and all future institutions for the education of youth, are to be distinguished from each other, merits peculiar attention. The one would be cor- porate bodies capable of acquiring property without limit, and of transmitting and defending it without difficulty ; the other would labour under all the disabilities and disadvantages of voluntary socie- ties. The liberal and tolerant spirit of the Legis- iiv 1/ i) JiHi; ^■t nt-r 58 iuturc of Lower Canada, is so directly opposed to every narrow principle which would foster peculiar religious opinions, by exclusive civil privileges, that the possibility of so injurious a construction of their motives, has probably not occurred to them- selves, yet I fear that the Protestant minority of the Province, watchful as they most properly are against the slightest encroachment on their reli- gious liberty, might complain or surmise, that this retrospective legislation was intended to confer an undue advantage on the Roman Catholic majority of their fellow Colonists. They might yield to the suspicion, that the language and the literature of France, and the religious institutions derived from that kingdom, had been the objects of partial regard, and that existing scholastic foundations were preferred to those which might arise here- after, because the first are principally under the control of the Roman Catholic Clergy, and the second may be expected to flourish and expand with the influx of a new population from Great Britain, and with the increase of British capital and settlements in Lower Canada. Your Lordship will, I am sure, concur with myself, not only in repro- bating as unjust, any suppositions of this lature, but in deprecating as impolitic an enactmc ^t which might but too readily give birth to them 1 1 minds, strongly excited by party spirit, whether national or religious. ''Finally the terms of this Bill are so chosen, that 59 I apprehend they woukl terminate the question so long in debate, whether the corporate character as- serted by the priests of the seminary of Saint Sul- pice really belongs to them or not ; the decision of that question in favour of the seminary would in- volve consequences which every Canadian, what- ever his national origin, or religious pers uu-' >n, would alike have reason to deprecate ; such is the necessity of holding the great commercial city upon a feudal tenure so strict as to prevent a foundation of quays, mills, wharfs and warehouses, and the improvement of buildings dedicated to commerce, which would otherwise have been multiplied, the consequent retardation and perhaps the ultimate prevention of that commercial greatness and pros- perity which might be ensured to the city of Mont- real by its natural advantages, in the absence of these artificial restraints, the dedication of a vast territory to purposes now become in a great mea- sure obsolete, and for which, to the advantage of every class of society other public objects of the same general character might be substituted, and the necessity of continually recruiting by aliens introduced from France, the members of a corpora- tion which ought to be identified, in the highest possible degree, with the interest and feelings not of the French inhabitants of a foreign country but of the Canadian people. I do not overlook the clause which secures the rights of the Crown, but neither do I think that it w as meant or could be your Committee have thought it desirable to enter into a general view of the objects which the Legislature has had in view in former measures of the same description, and of the results which have ensued from the system hitherto pursued ; and they have proceeded to consider the Reports of the Com- mittees of the House of Assembly on Education and Schools for several years past, adopted by that House, and the appropriations made by the Legis- lature of this province for the encouragement of education, with a full sense of the importance of the subject, and of the peculiar difficulties with which it is at the present moment encompassed. i,:|«.^iri irJ G3 (C For several years the Legislature has recog- iiizeil the necessity and expediency of providing means for the support and encouragement of tlio education of the people of this province, and par- liamentary grants have been at various times most liberally made for those purposes ; but the Com- mittee cannot conceive it to have been the intention of the Legislature to perpetuate this expenditure, nor to do more than lay a foundation on which the people of the province should gradually be enabled to raise a system of education, to be supported ulti- mately, at least in great part, by themselves. *' In pursuing their inquiries, your Committee have avoided as much as possible the consideration of all extraneous questions ; their sole object has been to consider the principle upon which it is ex- pedient to grant public money in aid of general education, and the best manner of applying that principle. " After the most anxious deliberation, your Committee are of opinion that the present estab- lishments for the support and encouragement of elementary education, though abundantly nume- rous, are inadequate as a permanent system of general education ; and their insufficiency, your Committee have reason to believe, is very imper- fectly supplied by the liberal legislative aids which have been granted for several years past for their support. They regret to be compelled to state that the benefits anticipated from that legislative assist- il: :i !»h 73 propriation required by this Bill, your Commit- tee urge upon your Honourable House, the propriety of proceeding no further with the bill entitled *An Act to repeal certain acts therein mentioned, and to provide for the further encouragement of ele- mentary Education in this Province.' " In pursuance of the views hereinbefore expressed, your Committee have adopted certain resolutions on the subject matter referred to them, which they submit with this their report to your Honourable House. All, nevertheless, humbly submitted/' (Signed) P. M. Gill, Chairman. Committee Room, ^ 15th March, 1836. J Resolutions. *' 1. Resolved — That the profuse liberality with which grants of the public money have been made during the last seven years, for elementary schools in this Province, amounting at the present period to upwards of £150,000, has induced the inhabi- tants of this Province io rely too much upon public aid, and to relax their own exertions for the sup- port of schools for the education of their children. "2. Resolved — That the appropriations which have during that period been annually made by the Legislature for that object, have been sufficient to lay a foundation for the establishment of a system of elementary education, to which it now becomes the duty of the Legislature to require the inhabi- tants of tlie province to contribute more largely, by i f; ....'! iJ ;# \ :'0 ; \ ■-:■■ ■ W' 74 I #'f \ . ■ ,>fi their own voluntary exertions, and with their own means. ** 3. Resolved — That it is inexpedient that the public revenue should any longer be charged, as it has been during the last seven years, with nearly the whole burthen of maintaining and supporting popular education ; and that grants for this purpose should either be confined in future to places where, from the poverty of the inhabitants, no effectual exertions cari be made by them for the object, or be regulated in all other cases, by the extent of the contributions of the inhabitants of the country. " 4. Resolved — That the system of management heretofore established by the acts for encouraging elementary schools, has been inefficient for the purpose intended, has led to waste and misapplica- tion of the public money, and has a tendency to generate other abuses. " 5. Resolved — That it is expedient in any future measures which may be adopted by the Legislature for the encouragement of elementary schools, that a permanent and efficient system of regulation should be adopted either by the origination of a central board, or by boards in the several districts, or by some other mode of general, uniform and steady superintendance by which the course of instruction may be more effectually ascertained and directed, and the expenditure of the public money be more usefully applied and more effectually checked, than by the plan hitherto pursued. 75 M '* 6. Resolved — That in addition to these consi- derations, the present state of the puhlic finances, and of the demands upon them, renders it more essentially necessary to prevent the large expendi- ture which must ensue if the bill now before the Legislative Council, entitled *An Act to repeal certain acts therein mentioned, and to provide for the further encouragement of elementary education in this Province,' should become a law, and that it is therefore not expedient that the Legislative Council should now proceed further upon the said bill." But though this Bill was thus rejected, the pro- vincial Legislature in the year 1836 granted appro- priations to the amount of £12,000 currency for the purpose of education by special grants for parti- cular schools, including the grant for the support ol he normal schools above mentioned. The statement in the foregoing report of the Legislative Council, of the amount of appropria- tions for education during the seven years previous to 1836, at £150,000 currency is probably below the true amount, as it appears from the general report of the Canada Commissioners in 1836, that the sum ought to have been stated at £172,519. 5s. 9d. being on an average £24,645. 14s. 3d. per annum, or about one fifth of the total amount of the whole provincial revenue. It has been shewn, that immediately upon the establishment of the constitution, and down to the Mr i (I. r ,,.,.'. if I :! '■i \t- k.> ) i" Ifl> I* f y} 76 year 1824, various attempts had been made for applying the Jesuits' estates to the purposes of education. The subject was not again resumed until that year when an elaborate report upon this matter by a special Committee of the Assembly was concurred in by that body ; this may be found in the journals of the Assembly of the year, but is of too great length for insertion here. In it will be found all the information that can be desired upon this head ; it sets forth that the diversion of those estates from their original use and destina- tion, was among the main causes of retarding the progress of education ; gives a condensed history of the legal proceedings adopted in France against the order of the Jesuits previous to its suppression in 1761 ; established the continued application of the colleges and seminaries of the order in that country, to the purposes of education, notwithstanding its sup- pression ; details the proceedings of the provincial Legislature respecting this subject to the period of the report, and concludes in the following terms : *' Uf on the whole, your Committee is of opinion that the proceedings heretofore had in this House upon the subject, ought to be renewed ; and in consequence, that an humble address be presented to his Majesty, praying that he will be graciously pleased to cause to be applied to the promotion of education in the province, the buildings, lands and revenues heretofore belonging to the late order of Jesuits." J'i ted sly of md der 77 In the following year, 1825, the House of Assem- bly renewed the consideration of this subject, and concurred in the report of another special Com- mittee appointed to enquire into " the best means of applying the estates of the late order of the Jesuits in this province according to their original destina- tion ; what have been the eifects of the Provincial Statute 41 Geo. III. chap. 17, and in what manner it had been put in execution ;*' and in the following resolutions : "1st. That the effects of the Act of the 41 Geo. III., c. 17, have not answered the expectation of the Legislature. " 2nd. That an humble address ought to be pre- sented to his Majesty, praying that his Majesty would be pleased to order that the estates of the late order of the Jesuits in this province be applied according to their primitive destination for the Education of the Youth of the Country — and to that end placed at the disposal of the Legislature." An address founded upon the foregoing Report and Resolutions was adopted, and transmitted to England ; the Address sets forth — " That in the earliest infancy of this colony some benevolent individuals founded and endowed a few institutions for the instruction of youth, and the government hastened to second their generous en- deavours by giving a legal and permanent exist- ence to those useful establishments, especially to the college of Quebec, possessed by the Jesuits, to r '1 ■ ^ ^' f 'l 1 78 whicli extensivo real estates were annexed, on the express condition ol' instrnctiniy tlie youth of tlie country ; a condition which the Jesuits scrupulously fulfilled as long as they existed in the colony, in which their college was the principal institution for education until 1764. But that since their extinc- tion the colleges and estates thereon depending, have remained in the hands of your Majesty's go- vernment, and that your faithful subjects of this province are thus deprived of the cherished riglits, which they had acquired therein of attaining for their children the signal benefits of a free school education. " We most respectfully pray your Majesty will be pleased to consider that the college of Quebec, and the estates thereunto annexed, have never be- longed to the Jesuits as their property, but that they were merely depositaries thereof for the pur- poses of the education of the youth of the province. ** That the suppression of the order could not carry with it the extinction of our rights to those estates, and that in the several countries of Europe, the colleges of the Jesuits have continued to exist, notwithstanding their expulsion, that event not having had power to convey to the government more rights in the estates administered by that society than were invested in the society itself. " That the rapid increase of the population of this province under the influence of your Majesty's liberal and beneficent government, would require a 79 Ic a proporlionato cnlarj^omcnt of the means oC pu!»lic instruction, but that by the supprcsnion of the col- lege of Quebec, your faithful subjects have seen with inexpressible pain the principal, and at that time almost the sole source of public instruction in this province, entirely dried up, and that your Majesty's faithful subjects are in that respect in a situation truly lamentable. ** That in the hope of procuring for the youth of this country, the inestimable advantages of science and useful knowledge, the Legislature of this Pro- vince passed an Act in the 41st year of the reign of our late Sovereign Lord the King, your august Father, " for the establishment of free schools and the advancement of learning in this province,"* authorising the establishment of a corporation, under the denomination of the Royal Institution for the advancement of learning. "That that corporation was established by vir- tue of that Act, but that it has not hitherto an- swered the expectations of your faithful subjects in this province, nor attained the end proposed by the Legislature, and that that corporation is composed and organized in such a manner that it not only cannot attain general confidence, but excites very strong apprehension and uneasiness in the great part of your faithful subjects in this province. " In tliese trying circumstances your dutiful Commons of Lower Canada humbly have recourse to your Majesty, and inasmuch as the college of the M ■^l i; 1 'i;? W f 80 late order of Jesuits, and the estates thereon de- pending in this country, whose inhahitants for the most part have not the means of defraying the expense of the education of their children in pri- vate seminaries or schools, we humbly beseech your Majesty, graciously to be pleased, to order that the above-mentioned college, and the estates thereunto annexed, and destined for the educa- tion of the inhabitants of this colony, may be restored to their original destination, and that they may to that end be placed at the disposi- tion of the Legislature of this Province. We hope confidently that your Majesty will be pleased to accede to our humble prayer, and will vouchsafe that such proof of your Majesty's justice and pa- ternal solicitude, to which, under Divine Provi- dence we owe the prosperity and happiness which we enjoy under the powerful protection of your glorious empire." Quebec, 1824. lb. ■ % M' I No answer having been received to this ad- dress, this subject was made one of the grounds of grievance laid before his late Majesty and the Imperial Parliament in 1827, and is thus noticed by the Select Committee of the House of Commons on the Civil Government of Canada in 1828 ; — " with respect to the estates which formerly be- longed to the Jesuits, the Committee lament that they have not more correct information, but it ap- 81 pears to them to be desirable that the proceeds should be applied to the purposes of general edu- cation.'* On the 8th March, 1831, certain resolutions were adopted by the House of Assembly as the basis of an Address to His late Majesty, upon the political grievances complained of by that body, and among the number was the following : — " That notwithstanding the exertions that had been made in the Education of the people, under the encou- ragement afforded by the recent Acts of the Legis- lature, the effects of the impediments opposed to its general dissemination by the diversion of the revenue of the Jesuits' estates originally destined for that purpose, the withholding of provincial grants of lands for Schools in 1801, and the rejec- tion in the Legislative Council of various Bills in favour of Education, are still severely felt through- out the Province, and materially retard the gene- ral prosperity." An Address was transmitted to England, containing the substance of the foregoing and other Resolutions upon matters connected with the public affairs of the Colony, and amongst others, the establishment and settlement of a pro- per Civil List, as it has been called, forming part of a series of measures to bring to a final satis- factory settlement the various conflicting interests in the Colony. The answer of the Government to so much of the foresroino- Address as related to the Jesuits' u !■ 1; > I, I I ■ ::1 ; 'if 'M €':t 82 estates, will be found in the following extract from a despatch oi* Lord Goderich of the 7th July, 1831. " First, it is represented that the progress which has been made in the Education of the people of the Province, under the encouragement afforded by the recent Acts of the Legislature, has been greatly impeded by the diversion of the revenues of the Je- suits' estates, originally destined for this purpose. " His Majesty's Government do not deny, that the Jesuits' estates were, on the dissolution of that order, appropriated to the Education of the people, and readily admit, that the revenue which may result from that property, should be regarded as inviolably and exclusively applicable to that object. *' It is to be regretted undoubtedly that any part of those funds was ever applied to any other pur- pose : but although in former times your Lordship's predecessors may have had to contend with diffi- culties, which caused and excused that mode of ap- propriation, I do not feel myself called upon to enter into any consideration of that part of the sub- ject. " If, however, ! may rely upon the returns which have been made to this department, the rents of the Jesuits' estates have, during the few last years, been devoted exclusively to the purposes of Educa- tion ; and my dispatch, dated 24th December last, sufficiently indicates, that His Majesty's Ministers had resolved upon a strict adherence to that prin- J''S 83 ciple several months before the present address was adopted. ** The only practical question which remains for consideration is, whether the application of these funds for the purposes of Education should be di- rected by His Majesty, or by the Provincial Legis- lature. The King cheerfully, without reserve, con- fides that duty to the Legislature, in the full per- suasion, that they will make such a selection amongst the different* plans which may be pre- sented to their notice, as may most effectually advance the interests of religion and sound learn- ing amongst his subjects ; and I cannot doubt that the Assembly will see the justice of continuing to maintain, under the new distribution of these funds, those scholastic establishments to which they are now applied. " I understand that certain buildings on the Je- suits' estates which were formerly used f ;/ iJolit • giate purposes, have since been uniforir^ly em[)ioy -ni as barracks for the King's troops. It would ob- viously be highly inconvenient to attempt uny im- mediate change in this respect, and I am convinced that the Assembly would reject any measure which might diminish the comforts or endanger the healtl'; of the King's forces. If, however, the Assembly sliould be disposed to provide adequate barracks, so as permanently to secure these important objects, Flis Majesty will be prepared (upon the completion of s'lch an arrangement in a manner satisfactory G 2 ( ' ,f - i 'I ti I'X St' 84 to your Lordship) to acquiesce in the appropriation of the buildings in question, to the same purposes as those to which the general funds of the Jesuits' estates are now about to be restored." The Assembly did not accede to the series of measures proposed by Lord Goderich, in his des- patch above-mentioned, whereof that of the sur- render of the Jesuits' estates constituted a part ; a separate Bill was, however, introduced into the Assembly in the year 1832, respecting these estates, and passed into a law, 2. Wm. IV. ch. 41, inti- tuled, *' An Act to make provision for the appro- priation of certain monies arising out of the estates of the late order of Jesuits, and for other purposes,'* in the preamble whereof, the despatch of Lord Goderich to the foregoing eflPect is recited : the Act provides, that all monies arising out of the estates of the late order of Jesuits, should be kept apart and appliet^ to the purposes of Education ex- clusively, in the manner provided by that Act, or by any other Provincial Act to be made. By this Act the proceeds of those estates from that time forth have been locked up, and must so continue until their application is provided for by Legislative authority within the Province. Besides the foregoing three public endowments of the Seminary of Quebec, that of Montreal and the late order of Jesuits, several Colleges and Se- minaries have been established within the Provmce 85 trom 1st so )r by lents and LI Se- ine e since the year 18*20, which owe their endowments principally to private individuals professing the Roman Catholic faith. It would have been desirable to have given the history and constitution of these scholastic institu- tions ; but from the remoteness from sources of in- formation, which are only accessible within the Colony, the statement respecting them must be very general. They consist of the College of Nicolet in the district of Three Rivers, incorporated by letters patent in the year 1821 ; this is an extensive establishment, having twelve Professors, and ac- commodation for a large number of boarders : the number of pupils is not exactly known, it may be from 100 to 200, of whom about 70 may be boarders. 2nd. The Seminary of St. Hyacinth, in the district of Montreal, endowed with real estate, and supported by the contributions of indivi- duals and scholars. The number of Professors and pupils in this establishment is not known. An application was made in the year 1 827 to the Exe- cutive Government of the Province for letters pa- tent for the incorporation of this Seminary, but refused. 3rd. The College of Chambly, in the district of Montreal, incorporated by Act of the Provincial Legislature in 1836, is endowed with real estate of value, by which and by the contri- butions of individuals, and the pay of the scholars, it is supported. The number of Professors and I, I IF :l Iv 86 ■i I? scholars in this College is unknown; but (l^e Col- lege buildings are of considerable extent, and ca- pable of affording accommodation to a great number of students. 4th. The College of Saint Anne de la Pocatiere, in the district of Quebec is also pos sessed of real estate, and supported principally by private contributions and the pay of scholars ; the number of Professors and scholars is also unknown. 5th. YIk Seminary of I'Assumption, in the dis- trict . r Montreal, is likewise possessed of real ' jtato, and is supported by private contributions ; tJ\o icmiber of its Professors or students is not k 'oviL i>th. The Seminary of S?.int James, in the city of Montreal, supported by private funds, and established exclusively for the Ecclesiastical Education of candidates for the Roman Catholic priesthood, is under the special superintendence of the Bishop of that Church residing in the city of Montreal. Besides the foregoing institutions there are seve- ral nunneries established in the cities of Quebec, Montreal and Three Rivers, appropriated to the education of the female youth ci' 'he country : they severally hold endowments in lands granted to them by the Crown of France, or by private indi- viduals, soon after the first settlement of the coun- try ; the nature and extent of these cannot be ascertained at this distance from the Province. The foregoing Seminaries, Colleges, and Nunne- ries, are the Roman Catholic Institutions, esta- I I 87 blirJied in Lower Canada, for the education as well of the male as of the female portion of the popula- tion of the Province. The only permanent Protestant endowment which has been made within the Colony since its cession to Great Britain, is derived from the bene- ficence of the late Honourable James McGill, who died at Montreal in 1811. By his will he devised a valuable property in lands and buildings in the neighbourhood of Montreal, for the site of a College to be called McGill College, and the sum of £10,000 sterling in money, which, with the accu- mulation of interest now exceeds £22,000 sterling; but in consequence of a long course of litigation, and from other causes, the intentions of the testator have not yet been carried into effect. It has been seen that the Act of 1801, to which the Royal Institution owed its existence, contem- plated a public endowment for the support of the Schools to be established under its authority. Under the will of the late Mr. McGill the lands and monies left by him for the establishment of a College, came to be under the control and management of the Royal Institution : — and it remains to show what measures have been taken for the purpose of carrying into effect the Act of 1801, and of rendering effectual the endowment by the late Mr. McGill. After the recommendation of the Executive Council of the Province in the year 1803, for the p:rant of sixteen townships, and the first establish- 'i: /;' .'H m rr 4] I III! , '.I ■ (. ; ■##i 88 ment of the Royal Institution in 1818; the first formal written application for the endowment con- templated by the Act of 1801, was made by that body to the late Earl of Dalhousie, then Governor- in-chief, &c. in the year 1826, and is as follows: — ** To his Excellency George Earl of Dalhousie, Sfc. Sfc. Sfc. " The Petition of the Royal Institution for the Advancement of Learning, " Most respectfully sheweth, " That in the preamble of the Provincial Statute of the year 1801, under which this Corporation has been constituted, it is stated that his Majesty had been graciously pleased to signify his royal inten- tions that a suitable proportion of the waste lands of the Crown should be set apart, and the reve- nues appropriated to those purposes for the accom- plishment of which this Corporation has been erected, and that your petitioners cannot but con- sider this explicit public and solemn declaration of the Royal purpose, as carrying with it a pledge peculiarly strong, as the Act in which it is found was reserved by the Provincial Government, for the signification of his Majesty's pleasure thereon, and was then brought under the special considera- tion of his Majesty's Government, before it re- ceived his Majesty's final sanction. " That youi petitioners liaving also referred to Fundry documents lodged in the office of their 89 Secretary, find that on the 11th of November, 1801, his Excellency Lieutenant-Governor Milnes, informed the Executive Council that his Majesty * being desirous to afford all possible encourage- ment to his Province of Lower Canada, in carry- ing into execution an object of such importance as the instruction and education of youth, had signified to him through his Grace the Duke of Portland his Royal pleasure that he should, upon consulting his Majesty's Executive Council, report in what manner, and to what extent it would be proper to appropriate a portion of the Crown lands or reve- nues arising therefrom for this purpose, and that his Excellency referred this matter to a Committee of the whole Council for their report thereon.' " That the Report under this reference was ap- proved in Council on the 27th of June, 1803, by the Lieutenant-Governor, who then informed the Board that according to the directions given to him through the then Secretary of State, he should transmit the same for his Majesty's royal pleasure. In the above report, a copy of which is lodged with the Royal Institution, the Committee of Coun- cil recommend an appropriation from the waste lands of the Crown to the extent of sixteen town- ships, partly for the general purpose of supporting public schools throughout the Province, and partly for the endowment of a College. *' That it appears from a despatch dated 9th September, 1803, (a copy of which is also lodged 1.} t 1; , 1. I' i i. i I,' i'hW 90 with the Royal Institution,) that his Majesty was graciously pleased to approve of the appropriation of a quantity of land for the foundation of two seminaries, one at Quebec and one at Montreal, on the scale recommended by the Council, namely, for an endowment to the extent of 20,000 acres for each school. *' That at the time when the said Report of Council was made, and his Majesty's approval thereof notified by Lord Hobart, the average value of ordinary land in the province appears to have been about 25. 6d. an acre ; but that since that period, not only has almost the whole of the valuable waste land of the Crown in accessible situations in the province been pre-occupied and granted to private individuals, but the value of all waste lands has so greatly diminished, that a grant to this Corporation, even to the full extent then approved by his Majesty's Government, would be still insufficient for the general purposes in- tended. ** That your petitioners have reason to believe that at the present moment it is only in the leased Crown reserves that means could be found by his Majesty's Government, without great detriment to the general interest and improvement of the pro- vince, of making a grant that would at all be effec- tual for promoting the purposes of education, or fulfilling, even to a limited extent, the gracious in- tentions of his Majesty. ^i^ 91 " Thai 270 lots of the Crown reserves are now under lease, amounting in all to about 55,000 acres, or about one-fifth of the quantity, or one- third of the nominal value of the endowment which his Majesty's Government in 1803 directed to be made for the before- mentioned purposes. That as no definitive steps have as yet been taken for carry- ing those instructions into execution ; and as cir- cumstances have in tho intervtninf riod so very much changed, that a grant of the waste lands of the Crown, unless to an extent which his Majesty's Government would not at the present moment be likely to sanction, would not be effectual for the object which is contemplated. " Your petitioners have no other resource than in applying to his Majesty's Government for a grant of the Crown reserves, now under lease, as affording the only means now attainable for ful- filling the gracious intentions of his late Majesty. " Your petitioners most respectfully solicit your Excellency to take the whole of these proceedings into your favourable consideration, and either to give the necessary directions for an immediate ap- propriation, should your Excellency feel yourself authorized so to do under the instructions afore- said, or otherwise to draw the consideration of his Majesty's Ministers again to the subject, in order that the intended appropriation of land (either from the leased Crown reserves, oi from the waste lands of the Crown) may be vested in i\ 'i.) ■in I u i-i '■■n :\l ^l 'Hi V! IMAGE EVALUATION TEST TARGET (MT-3) h /. {./ ^ .^% A d l/.. ^ ^0 1.0 I.I ■iilli WIS U£ ftU |2.2 IL25 1 1.4 1.6 V V/ ■%' Photographic Sciences Corporation 23 WEST MAIN STREET WEBSTER, N.Y. 14580 (716) 672-4503 ,.<^ ^l^^ *> ^ o^ 92 '. •' I » i! ; tlie Corporation of the Royal Institution with the least possible delay. (Signed) " T. Sewell, " President. ♦« Quebec, 1 0th February, 1836." In 1829 the following despatch was transmitted by Sir James Kempt, then administering the Government of Lower Canada, to His Majesty's principal Secretary of State for the Colonies. ** Castle of St. Lewis, Quebec, " 2l5* December, 1829. " Sir, — In obedience to the commands conveyed to me in your despatch, No. 73, of the 3rd of Sep- tember last, I have the honour to transmit to you herewith a return of the places for the in- struction of vouth of the Protestant and Roman Catholic persuasion in this province, and of the funds by which they are supported. '* The Protestant institutions for education con- sist, as you will observe, of the two grammar schools, one at Quebec and one at Montreal, and of a seminary lately established at Chambly, under the auspices of the Lord Bishop of Quebec, where, in addition to the ordinary course of classics, young men are instructed in divinity preparatory to tak- ing holy orders. The institution is, however, en- tirely of a private nature, and solely supported by the students attending it. There are also some academies in the towns of Quebec, Montreal, and Three Rivers, where instruction is given in the 93 classics, though the course of study is probably not carried so far as at Chambly. These are alto<^cthcr private, and of course depend upon the scholars for their support. " There are six Roman Catholic seminaries or colleges in the province, including the two estab- lishments that are under the direction, and princi- pally maintained by the funds of the seminaries of Quebec and Montreal. These two bodies are pos- sessed of considerable estates, though not by their endowment specially appropriated to the purposes of education ; and those of the latter in particular, as you are aware, are of very great value. " Of the four other Roman Catholic seminaries, only one, that at Nicolet, has been erected by let- ters patent, and all four are principally supported by voluntary contributions, or by the price paid by the students for their instruction. ** Of all these seminaries, both Protestant and Roman Catholic, the two grammar schools at Que- bec and Montreal alone received any permanent assistance from the public funds. The school at Quebec, as shewn in the return, receives an allow- ance of £200 a year, and £90 for the rent of a school-house, from the funds accruing from the estates heretofore belonging to the late order of Jesuits; that at Montreal, £200 a year, and £54 for the rent of a school-house, from the same reve- nues. The course of instruction followed at both these schools is explained in the return. I 7 1? i 1 • 1 iMll, ¥ t, it f IV 94 " A landed estate to the value of £10,000, and a like sum in money, was bequeathed by the late Mr. McGill, of Montreal, in the year 1811, for the establishment of a College in the neighbourhood of that city ; but the validity of the bequest having been disputed by his relatives, and other obstacles that were explained in my despatch, (No. 108,) of the 5th of November last, have hitherto prevented this design from being carried into effect, although the College was incorporated, by a Royal charter, in the year 18*21. " The only funds in the Province, independent of the Legislative appropriations for elementary Schools, from which any aid is given for the promotion of Education, are the revenues arising from the estates heretofore belonging to the late order of Jesuits ; and this aid, as already stated, is confined to the two Royal Grammar Schools at Quebec and Montreal. " By an account made up to the 10th of November last, the gross revenue of these estates for the year ending on that day, amounted to £1,884 4 1 1 The authorised charges for manage- ment and collection .... £ 554 1 7 6 Allowances to Grammar Schools, retired allowances, authorised Sa- laries, &c 980 10 H 7i 1,525 7 Leaving only a balance of £ 358 / 7 3| J • 95 From wliich the building and repairs of mills, and other cxpences that must be incurred for tlie im- provement of the estates are to be defrayed ; and there are no other revenues in the Colony at the disposal of Government which could be made avail- able for the purposes of Education. ** The Protestant and Roman Catholic Seminaries ^bove-mentioned, and the Academies alluded to, being the only institutions in Lower Canada where the classics or the higher branches of learning are taught, the information which is furnished re- specting them may be probably sufficient for the objectyou had in view in desiring to receive a return of the .places for the instruction of youth in the Province. But as it may be satisfactory to you to be informed of the provision made for the mainte- nance of the common elementary schools in the country, I have added to the return a statement of the schools of this description, under the direc- tion of the Royal Institution, and of those that have been established in the country under an Act passed in the last Session of the Provincial Le- gislature 'for the encouragement of Elementary Education ;* and I have annexed thereto two papers, explanatory of the system under which they are established in the return, a list of ele- mentary schools in the towns of Quebec, Mont- real, and Three Rivers, for which special appro- priations were made in the last Session of the Legis- lature, and the amount granted to each. ;P' 'm I r' 'f r. 96 ** The paper No. II. is a memorandum respecting the Board of Royal Institution, showing the time of its foundation, the objects for which it was incorpo- rated, and the principles upon which it has been conducted. I have every reason to believe that the rules therein stated, as having been laid down for its guidance, particularly the regulations to prevent any interference with the religion of the children at the several Schools have been strictly attended to ; but nevertheless, it cannot be denied that the Royal Institution has never been viewed with any cordial good will by the Roman Catholic part of the community. " A proof of this feeling may be found in the reluctance with which the Roman Catholic Bishop acceded to the arrangements first proposed in the year 1826 for a division of the Board into two distinct and equal Committees, con- sisting respectively of Protestants and Roman Catholics, for the superintendence of each of the Schools of its own persuasion, and in his refusal to accede to a modified arrangement when legal difli- culties were found to exist that rpndered the plan to which his assent had been obtained impracticable. The Protestant Dissenters are also by no means favourably disposed towards the Royal Institution ; and the Act passed for the encouragement of ele- mentary Education in the last Session of the Legis- lature, by which the superintendence of the Schools is entirely confided to Trustees, to be annually t.) M'it W )ecting time of icorpo- s been hat the •wn for >revent lildren tended lat the th any part of in the Bishop •sed in Board con- Loman of the sal to diffi- e plan cable. means ition ; of ele- egis- chools lually 97 chosen by tlio inhabitants of each parish, being ex- ceedingly popular in the country, and Schools hav- ing been established under it in every part of the Province ; I have no very sanguine expectation that the Provincial Allowance of £2,000. per annum hitherto made to the Royal Institution for the main- tenance of Schools under its direction will be much longer continued. " The paper marked No. III. is explanatory of the provisions of the Act passed in the last Session for the encouragement of Schools in the country parishes. I have, &c. (Signed) " James Kempt. '* P. S. It may be necessary to mention that the two Grammar Schools at Quebec and Montreal that receive an allowance from the Jesuits' estates, were established in the year 1826. Three gentlemen having arrived from England in that year, appointed by the Secretary of State to superintend them, as well as a Grammar School in Upper Canada. The authority for the amount of salary allowed is con- veyed in a despatch from Lord Bathurst, dated 24th February, 1827. " The salary for the Master of the Grammar School in Upper Canada was ordered by your de- spatch of the 2nd of June, 1828, to be transferred to that Province, but a demand has been lately made H '^' I I* 1 :■■■! 98 upon the Jesuits' estates for tlie arrears of his salary for eighteen months prior to that period ; tlie claim is correct, but the estates are at present unable to pay it. J. K.'* " Mcn.orandum respecting the T3oard of Royal Institution, established by the Provincial Act, 41 Geo. Ill, chap. 17. " The Royal Institution is established under an Act of the Provincial Legislature passed in the year 1801, intituled ' An Act for the establishment of Free Schools, and the advancement of Learning in this Province.' ** By this Act the person administering the Go- vernment of the Province was empowered to erect a Corporation, under the title of ' The Royal Insti- tution for the advancement of Learning,' and to this Corporation the management of all Schools and Institutions of Royal foundation in the Province was to be committed. " The steps pointed out by the Act for the esta- blishment of Schools are as follow : "The majority, or a certain number of the inha- bitants of any parish or district, are required to pre- sent a Petition to the person administering the Go- vernment, praying that a School may be established therein. His Excellency then appoints Commis- sioners, who fix upon a piece of ground for the erec- tion of a School-house, which, when completed, is ii [)[) conveyed to the Royal Institution : a School maf^tor is tlion appointed, and a salary assigned to him. " Under this Act Schools were at different times estahlished by the several Governors ; but until the year 1819, witiiout any regular system, and at a great expence to the Province. By a return made in the year 1818, the number of Schools in the Province was stated to be 37, attended by only 1,048 scholars, and maintained at an expence to the public of ^1,883. 10s. sterling. " Up to that time the Royal Institution had never been regularly established ; but on the 8t]i of October, 1818, an instrument issued under the Great Seal of the Province, appointing certain persons therein named to be Trustees of the Schools of Royal institution in the Province, and by subse- quent instruments issued on the 1 3th of December, 1819; 20th July, 1822; 27th Jun., 1823; and 17th November, 1824 ; several other persons were added to the members originally appointed. " The Lord Bishop of Quebec was named the Principal of the Institution, and the Board of Trustees being appointed, drew up rules and regu- lations for the management of the schools, which received the sanction of the local government. By these regulations the regular superintendence of the schools was provided for as follows : — The school was placed under the immediate in- spection of the Clergy of that religion professed by the inhabitants of the spot, or when the irdiabit- h2 4 1 . i ■! i !* r. m 100 ants ini<»lit ho of diflTereiit [)ersuasion9, tlio ('lor^y of cacli Church had the suporiiitt'ii(UMK'o of the chihlren of their respective communions. A reg^ular suj)erintendence of the schools was also assigned to visitors, named by the Corporation, (one of whom to be the cler i H I I U)'2 October, IHIR, and it became therclon: impossible to carry into effect tbe plan for the two committees in tht! manner originally proposed. The Roman Catholic liishop having declined to accede to another proposal, by which two commit- tees might have been formed, but consisting of a smaller number of persons, it became necessary to make an application to the Legislature to revise the Act of 1818, that some additional Trustees might be appointed. With this view a message was sent to the Pro- vincial Parliament on the 13th February, 1829, re- commending the subject to their attention, but the session liaving approached to a close before any- thing was determined upon, the consideration was postponed till the next session, and the usual sum of £2000. currency appropriated for the schools of the Royal Institution for that year. In 1831 the House of Assembly, among other subjects of complaint, addressed his late Majesty upon ** the with-holding the promised grants of lands for schools in 1801," to which his Majesty's answer will be found in the following extract from the general despatch of Lord Goderich of the 7th of July, 1831. *' Secondly, the House of Assembly re- present, that the progress of education has been impeded by the with-holding grants of lands pro- mised for schools in 1801. On reference to the speech delivered in that year by the then Gover- nor to the two Houses of Provincial Legislature, 1 I i « of pro- the re, I fiiul that such an engagement as the address refers to was actually made, it of courHc tlierefore is bind- ing on the Crown, and must now be carried into ettect, unless there be any circumstances of which 1 am not apprized, which may have caused the obligation contracted in 1801, or which may have rendered the fulfilment of it at the present time im- practicable. If any such circumstances really exist, your Lordship will report them to me imme- diately in order that the fit course to be taken may be further considered." From that period until the session of the Pro- vincial Parliament in 1835-(3, the subject was not renewed, but in the latter year, the Legislative Council resumed its consideration, and addressed his late Majesty upon it The address of that body, after setting forth the Royal intention in 1801, the report of the Provincial Executive Coun- cil, and the Royal sanction to that report mentioned above, thus proceeded: — "That no further steps had been taken to accomplish his Majesty's bene- volent intentions, that the seminaries of education founded originally under the Government of France enjoyed extensive and valuable endowments, and that large appropriations of the waste lands for similar endowments had been sanctioned in Upper Canada, New Brunswick, and Nova Scotia, but that no provision had been made in the Province of Lower Canada since it became an appendage of the British Crown, for the permanent endowment a' .•I i(D I • il •! f, \ I 104 either of preparatory seminaries, or ol'a university or college to which your Majesty's subjects using the English tongue could resort, for the education of themselves and their children in the higher branches of learning. *' Wherefore they respectfully prayed his Ma- jesty to give directions for the fulfilment of the wise and beneficent intentions of his late Majesty, by setting apart a sufficient quantity of the waste lands, and assuring the revenue of the same, or by otherwise making an adequate provision out of the revenue and proceeds of the Crown lands, as an endowment for a seminary or seminaries of useful learning, and more especially for foundations of an enlarged and comprehensive nature." His Majesty's Government having determined to send out Commissioners of Inquiry to Lower Canada in 1835, gave to them specific Instructions upon the head of education : — they are Nos. 81 and 82 of the Instructions from Lord Glenelg to the Canada Commissioners of the 1 7th July, 1835, and are as follows : — " No. 81. The state of Education in Lower Ca- nada must engage your most serious attention with a view to the best means of providing the more general diffusion of sound learning, religious knowledge, and Christian principle. Of His Ma- jesty's anxiety in regard to these paramount objects^ it would be difficult to speak in terms sufficiently emphatic. But the earnest endeavours of my pre- 'ill ■ .. 105 decessors on this subject have been so repeatedly frustrated, that I suspect the existence of some ob- stacles of which the Home Government is not aware. Amidst the heat of contention on ques- tions of comparatively slight temporary concern, the momentous and permanent interests of the whole Canadian people, may have been overlooked. Sufficient attention, perhaps, has not been given to the essential distinctions between the state gf so- ciety in the kingdom and in the province. It may have been forgotten, that in a new country press- ing forward in the career of agricultural and com- mercial enterprize, it is far more impolitic than in this kingdom to calculate on the voluntary exer- tions of those who combine the advantages of wealth and leisure with practical experience in public affairs. ** If His Majesty's Government have not hitherto addressed themselves with sufficient promptitude to the duty of devising and recommending well- considered plans for an object so nearly touching the moral and intellectual, no less than the social benefit of the Canadian people, it is an error which cannot be too forcibly confessed, nor too zealously redeemed. *' 82. You will, therefore, apply yourselves to the collection of all such intelligence as may be necessary for framing a general system of provincial Education, embracing not the mere sentiments of literature, but all that relates to the culture of the li 1 ft: 1 1' I M'^l I 11'' li! V'\ I " If '* i^. 106 mind and the developement of the moral and reli- gious principles of growth in the different ranks of society. This is a task, the due performance of which, requires so intimate an acquaintance with the character and wants of the people, that I doubt whether, within the time of your residence in Ca- nada, it will be possible for you to be completely prepared to form a deliberative conclusion over a question thus comprehensive. It will, however, be of great value if a commencement can be made, resting on a solid basis, on which, aided by the co- operation of the Governor, a more complete structure may hereafter be erected by the Legislative Coun- cil and Assembly, I am sanguine in the hope that such will be the result of your inquiries and your report." In consequence of the foregoing instructions, the Royal Institution made the following representa- tion to the Commissioners at Quebec. " Application from the President of the Royal Institution for the advancement of learning. " PROVINCE OF LOWER CANADA, '* To His Majesty's Commissioners of Inquiry ^ Sfc. SfC. Sfc, " The undersigned having been authorised by a resolution of the Corporation of the Royal Insti- tution for the advancement of learning, to bring under the consideration of His Majesty's Commis- sioners of Inquiry the necessity, before the Crown mi S '< 107 lands or revenues thereof are surrendered to the Provincial Legislature, of reserving to the Crown the power of making endowments out of those lands or revenues for the support of the Grammar Schools of Boyal foundation heretofore established in this Province, and in aid of the private endow- ments of McGill College at Montreal, and for the future extension of that estabhshment, or the foun- dation of a University, or other sufficient Colle- giate institutions in the Province, in conformity to the Royal promise recited in the preamble of the School Act of 1801, respectfully submits to His Majesty's Commissioners a statement of the grounds on which the Board of the Royal Institution solicit the attention of the Commissioners to this subject. The claim or expectation of a Royal endowment out of the Crown lands in this Province, for insti- tutions of Education, may be stated as resting on the pledge contained in a communication of the Royal intention to this effect made by the Governor of the Province to the Provincial Legislature, and recited in the preamble of the Provincial Statute of 1801 ; on the measures which were shortly after taken by the Provincial Government in pursuance of that promise on the fulfilment of a like pledge given nearly at the same time for the benefit of the inhabitants of Upper Canada, who accordingly now enjoy the advantage of such an endowment ; on the fact, that in all other North American Colonies such an endowment has been granted by the 108 W' i: Crown, on the establislimcnt of the Royal Grammar Scliool at Quebec and Montreal, with a provision for the salaries of the Masters out of the revenues of the Jesuits' estates, on the incorporation of McGill's College under a charter from the Crown, with the declared intention on the part of His Ma- jesty's Government at one period to assign the revenues of the Jesuits' estates in aid of the private foundation of that Institution, and on the total absence of any other means or resource by which the inhabitants of this Province, speaking the English language, can hope to see an institution established to which they could send their children for instruction in the higher branches of Educa- tion. '' The promise of an endowment in land con- veyed by the message referred to in the Act of 1801, and the measures adopted by His Majesty's Government and by the Government of the Pro- vince in consequence thereof, were stated by the Royal Institution in a memorial to the Earl of Dal- housie in 1826, and as a Member of the Board, has by their request placed before His Majesty's Commissioners a copy of that representation, it is unnecessary for the undersigned to state the terms of that pledge, or the nature of those measures. " It may be proper, however, to observe, that the Act of 1801, was passed for the establishment and regulation of free schools, and other institutions of Royal foundation of a more enlarged and compre- :i 109 liensive nature, and thaf it is under that Act that the Corporation of the Royal Institution has been established, and has received the devise and be- quest under the will of the late Mr. McGill of Montreal, under which McGill College has been chartered by the Crown ; under this Act many eh?- mentary schools were established and provided fur out of the public revenues ; but no measures were taken for creating the corporate body contemplated by the Act, or for establishing Schools for the higher classes of education, until 1815 and 1816, when his Majesty's Government ordered that the Royal Institution should be organized (with a view, in particular, to take advantage of the bequest of Mr. McGill, who died in 1813), and directed that the funds of the Jesuits' estates should be applied to the erection of a College under that bequest, and in the year 1816, Masters were engaged and sent out from England, who were to have charge of Royal Grammar Schools, directed to be established at Quebec and Montreal, with a suitable provision out of those estates. " These measures, which were considered as the first steps towards the execution of those premises, made by the Crown to assign an endowment for education, were followed by the incorporation of McGill College, under a Royal charter, in 1821, of which the Royal Institution are the visitors ; but it was not until 1829, that, after a long course of litigation, the Royal Institution came into posses- I I 1' \'J il J?if: • it ■ 1 r 48 i' W >■ I lijl 110 sion of the landed property and buildings near Montreal, devised by Mr. McGill, nor was it until a few months ago that the judgment was obtained before his Majesty in his Privy Council, for the sum of £10,000., also bequeathed by Mr. McGill, in trust for the Royal Institution. This legacy, though now amounting, with the accumulated in- terest, to £22,000., is manifestly insufficient, with- out the aid of further endowment, for the establish- ment and maintenance of an University, as con- templated by the testator, or even of a single College. ** It is desirable also, that inferior academical in- stitutions should be maintained as nurseries for those of a higher description ; but the Grammar Schools established by his Majesty, in Quebec and Montreal, have been left without support since the revenues of the Jesuits' estates were transferred to the management of the Legislature, without any reservation in favour of those establishments, or for the protection of the teachers whom his Majesty's Government had engaged and sent from England to preside over them ; the salaries of the Masters were, in 1832, reduced by the Assembly to a sum totally insufficient to enable them to provide the requisite assistance in their schools, without which they cannot apply themselves to the principal ob- ject of such institutions, instruction in classical and mathematical knowledge ; and there is no reason- able ground to hope that any relief will be afforded Ill le ih to the teachers, or any effectual support to the schools, unless his Majesty shall, in his justice and bounty, secure a provision for them out of his land revenues, at least equal to that upon the pro- mises of which the establishments were originally formed. *' It would also be highly desirable that similar provision should be made for institutions of the same description at Three Rivers, and in the eastern townships. " In the neighbouring provinces of North Ame- rica, the Crown has provided, either in land or in money, or in both, for the endowment of colleges and institutions of education. In Upper Canada, 650,000 acres were set apart in 1798, for the sup- port of an University and Grammar Schools, but of this reservation the University of King's College, at York, has received an endowment of 226,000 acres, besides a royal grant of £1000. per annum from the territorial revenue, and the minor College and Grammar School at York, are endowed with 65,000 acres, and a portion of the revenues of the other reserved lands, together with a grant of £1000. from the territorial revenue, and a tract of 175,000 acres has been assigned for the endowment of Grammar Schools in the other districts of the Province. " In Nova Scotia, a College was chartered by the Crown in 1803, and received a grant of £1000. per annum from his Majesty's Government, with an 1* .! d- 1 J 12 -♦'f > .< endowment of 20,000 acres of land, and further grants to the extent of 1 G,000 acres have been made for other institutions. " In New Brunswick, the College at Frederic- town receives an annual grant from the territorial revenue, of £1000. per annum, and has been en- dowed with 5000 acres of land, and a valuable estate in Frederictown, and in every township in the Province grants, or reservations, have been made (amounting now to 20,000 acres), and con- tinue to be made as townships are laid out, for the support of Schools. While such provision has been made for education in the neighbouring British Colonies, and while the establishments for the edu- cation of that part of the population of this Pro- vince which is of French extraction, and of the Ro- man Catholic persuasion, are extensive, and sup- ported by large endowments, (which, though ori- ginally derived from private donations, have been secured by capitulations granted by the Crown, or have been left by its indulgence in their possession) the other inhabitants of the Province feel the want of the same advantage. It is true that the semi- naries herr alluded to, are nominally open to all classes of the population ; but it is an undoubted fact, that an almost universal and insuperable re- luctance appears to exist among those classes to avail themselves of the means of instruction thus afforded to their youth ; and that the instances of young persons of that description being educated in m: i. 'iif' 113 those Seminaries, have been, and are exceedingly unfrequent, in proportion to the number who have -been sent out of the Province for education. Inde- pendently of this consideration, the range of in- struction in one of these Seminaries is necessarily limited by particular circumstances, and in neither of them is an education afforded either founded on the principles, or conducted in the manner to which, whether from prejudice or enlightened choice, those, who belong to a different class of the popula- tion, would give a decided preference ; and the same observation applies, and will, it is believed, long continue to apply to other Seminaries of more recent origin, which have been founded with the most praiseworthy zeal by the Roman Catholic priesthood aided by annual grants from the Le- gislature, in those parts of the Province inhabited by a population of French extraction. '* Circumstances in the political condition of this Province, to which the undersigned is desirous not to advert in a more particular manner, but which can neither be wholly kept out of sight, nor their influence changed (as he believes), except in a long lapse of time, render it improbable that any permanent establishment or encouragement can be expected, except from the Crown, for such insti- tutions in the higher branches of education, as would be acceptable to that part of the community deriving its origin from the Mother Country. ** It is at once an evidence of the state of things I •'/ 114 ,!f;' ' I I I ) ■ ( i; f.W- I il-' ' which has been here described, and of the strength of the feelings and pro-possessions from which it has originated, that persons who have been desirous of giving their children an enlarged and complete education, have been obliged to send them out of the Province, either to Great Britain or Upper Canada (since the establishment of collegiate insti- tutions there), to Nova Scotia, or even to the United States of America ; and it is a fact, that at the present moment there are, at a private institu- tion for classical education, in the State of Vermont, nineteen young perso^is from this Province, or the adjacent parts of Upper Canada (chiefly belonging to the most respectable families of British origin), who have been driven to this resource for the better education of their children, in consequence of the absence of any well-endowed and established Semi- nary in this Province. " The Royal Institution are aware that it does not belong to the duties of his Majesty's Commis- sioners to set apart endowments for education from Crown lands ; but they have drawn the attention of the Commissioners to the subject, in the apprehension that, by the measures which the Commissioners are now framing for surrendering the Crown lands or the revenues thereof, to the Provincial Legislature, the Crown will be here- after precluded, as in the instance of the surrender of the Jesuits* estates, from exercising any power of providing for the important object out of its -■li 11.5 territorial possessions, unless such power be ex- pressly, and in terms reserved to it, or a sufficient provision previously assigned. (Signed) Andrew William Cochran, President of the Royal Institution. Quebec^ 24, December, 1835. Messieurs Moffatt, McGill, and Cochran, were examined by the Commissioners upon this head, and the following are the remarks made by those gentlemen : — , , ** Messieurs Moffatt and McGill next wished to call the attention of the Commissioners to the preamble of the Provisional Act, 41 Geo. III., c. 17, which established the Royal Institution for the advancement of learning ; and Mr. Moffatt read a memorial, which was presented to Lord Dalliousie in the month of February, 1826, from the trustees of the Institution, in which the engagements were set forth that the Government had at different times entered into, to grant lands for the purpose of en- dowing Colleges and Schools; and Messieurs Moffatt and McGill stated, that in their opinion, the proceeds of the hereditary revenue should not be surrendered, before some provision should be made for the fulfilment of these engagements, as the Royal Institution was at present entirely desti- tute of funds. " They further stated, that there is no adequate I 2 H' hi IIG provision in tlic Province for the higher branches of English education, and that, though the sum of £22,000 is annually granted by the Legislature for the purposes of education, this assistance is principally given to schools quite of an elementary character ; and they would wish that two Colleges at least should be endowed where English youths might acquire the higher branches of education, for which, at present, they are forced to resort to the United States or to Great Britain.** ** Hon. A. W. Cochran, attended by appoint- ment in order to explain the papers which had been submitted by himself and Mr. McGill in sup- port of a claim from the Royal Institution, and in the first instance drew the attention of the Commis- sioners to the fact, that the preamble to the Act of 41 Geo. III., chap. 17. recites a direct promise from the Crown for an endowment out of the waste lands, which recital is copied verbatim from the speech with which the Governor-in-chief opened the session of 1801 ; that, notwithstanding this distinct promise, no endowment has ever taken place, and that he does not even now desire to claim an immediate endowment, but only to enter a caveat against the adoption of any measure that may deprive the Crown of the power of making one. " Does the Institution get any aid from the Jesuits* estates, or has it the prospect of aid from them? — It does not now get any aid from the 117 the I from the Jesuits' estates ; for one year subsequent to the surrender of the estates, the salaries of masters of Government ScIjooIs at Quebec and Montreal, for- merly charged on that fund, were paid by an Act from the Legislature, since that year, 1832, those salaries have remained unpaid, and no advantage has been derived from the funds of these estates. As to the prospect for the future, it must be matter of inference and opinion from what has been done hitherto, and the disposition which may be sup- posed to prevail. My own apprehension is, as stated in my written document, that the Institution has no great cause to expect a portion of that reve- nue sufficient for the purposes of endowment. " Is the Institution at present in active opera- tion ? — It is. " What are the duties which it discharges? — It has under its direction the Grammar Schools of Quebec and Montreal, and also a number of ele- mentary schools throughout the province. The salaries for the masters of these schools are paid out of monies voted for the purpose by the Le- gislature. A part of their duty also consists in the management of the property devised by Mr. McGill.'' It was then agreed by the board, that, as Mr. Cochran's application did not go to ask any imme- diate grant, but only to request that the Crown should not be incapacitated from fulfilling the en- gagements entered into in 1801, it was not neces- II ■" 1, **,t ■'J tl M: 118 sary, at present, to do more than assure Mr. Cochran that the Commissioners would not lose sight of the subject. ■ - ■ ' Mr. Cochran, however, added, that his applica- tion did not simply go to a fulfilment of the pro- mise made in 1801, but to the enforcement, on general principle, of the claims of the institution to the protection of Government, particularly as the schools of the country do not now afford to the youth of English extraction the means of acquiring the higher branches of education. For the more elementary branches of education, the schools estab- lished by the Legislature might suffice, as little objection is made to bring children of English and French extraction together in them ; but the re- pugnance to send children to schools which are chiefly filled with persons of different religion, and speaking a different language, is greater amongst the higher classes." - ' •" Some elenjentary schools have been established in the provincial cities by private societies, and have at various times received legislative assist- ance ; but of late years they have been dependent for support upon private charity, and the contri- butions of individuals. There are two of these schools at Montreal, three at Quebec, and one at Three, Rivers, attended indiscriminately by Pro- testant and Roman Catholic children, and devoted more particularly to the gratuitous instruction of the children of both sexes of the needy and the indigent. 119 re- ihed and isist- lent Ltri- liese le at ^ro- loted In of the Previous to adverting to the Report of the Com- missioners upon the subject of Education in Lower Canada, the importance of that subject may be in- cidentally viewed in its connection with the pro- vincial population of different origin who are to be affected thereby; the increase and extent of that population will be seen in the following state- ment, which has been prepared from authentic sources : — 1st. or THE PROVINCK 01 QUEBEC. In 1796. the estimated Population of Canada ' as reported to the French Govern- ment, was - - - - 20,000 1714, Ditto, Ditto, - 27,000 1 760, At the cession by the British Go- vernment - - - - 70,000 1784, By returns to Government - - 112,119 Increase. 7,000 43,000 Married Men Do. Women - Males over 15 - Do. under 15 - Females over 14 Do. under 14 Servants - Absentees Slaves 20,131 19,354 9,381 24,552 8,892 22,513 6,491 501 504 112,119 say 113,000 - 48,000 2nd. of lower CANADA ALONF.. 1825, By Census returns - - - - These were allowed to be defective, and the actual population ha» been more correctly assumed at 1831, By Census returns - - - - In the district of Mont- real, ... - 290,050 Quebec - - - - 151,980 Three Rivers - - 56,570 Gaspe - - - - 13,312 511,917 423,630 450,000 - 337,000 511,9^7 - 61,917 120 !': :il<' ,1- Males. 78,72^ 92,704 22,098 23,309 35,852 60,441 13,243 Females. Married. 83,659 69,784 27,633 401 907 16,574 54,028 11,243 64,941 4,843 22,356 5,274 600,000 inc. 88,033 per annum 2,000 8,219 10,154 17,816 it i( Of this number Of 5 years and under From 5 to 1 4 years - 14 to 18 - - 18 to 21 - - 21 to 30 - - 30 to 60 - - 60 and upwards Under 14 - - - From 14 to 45 - - - 45 and upwards - • 1 836, Estimated population Average increase from 1760 to 1784 Do. do. from 1784 to 1825 Do. do. from 1825 to 1831 Do. do. from 1831 to 1836 From 1760 to 1836 during, the period of 76 years, the population of Lower Canada has dou- bled itself 3^ times. The general average increase of Lower Canada per annum, from 1825 to 1836 The census of Lower Canada of 1831, estimated the en- tire provincial population at - Of whom were Roman Catholics Leaving for Protestants none of whom could be of French origin ... Of the Roman Catholics, about 50,000 are of British origin, and therefore in 1831 the inhabitants of British origin were about - - And of French origin - - The increase from 1831 to 1836 is But in those years 1 95,000 emigrants arrived at Quebec from Great Britain and Ireland, of whom there re- mained in the Province, say - - . liCaving the natural increase of the population for those five years - - . Which divided between the sexes in the proportion of 1 58 to 353, would increase the inhabitants of French Single. 21,697 13,302 17,278 6,413 2,000 ongm to And those of British origin, 35,000 emigrants, to with the addition of the 16,029 511,917 403,472 108,445 158,»00 353,000 88,083 35,000 54,081 390,000 210,000 § lU? m 121 The manner in which the Canada Commis- sioners acquitted themselves of that important portion of their duty, which related to the state of education in the provinces, and the means of advancing it, can best be judged of by refer- ence to their Report on this head, which is here subjoined. " 1. We feel that we ought not to close our ge- neral Report without saying a few words on the state of education in the province, though we regret that it is not in our power at present to go into the subject at any length. "2. On the 21st December, 1829, a despatch was addressed to the Secretary of State, by Sir James Kempt, to which we would refer (Appendix No. 1 ), as exhibiting a correct view of the means of public instruction then existing in Lower Ca- nada ; since which time, although great liberality has been evinced on the part of the Provincial Le- gislature, and a strong desire to advance the cause of general education manifested by the Executive, we regret to say that the progress has not been, as far as we can judge, such as might have been ex- pected. The entire proceeds of the Jesuits' estates have been dedicated by Government, since the date of Sir James Kempt's despatch, to the advance- ment of education ; and a total sum has been ap- propriated to the same purpose by the House of Assembly, of ^17^,519. 5s. 9c/., being on an avc- '.) I t:i4 ii t\ 122 rage £24,645. 145. 3d. per annum, or about one- fifth of the total revenue of the province. The Royal Institution, partly owing to the extensive operations carried on by the Legislature through different channels, and partly from other circum- stances, has fallen into neglect ; and we fear that any attempt to revive it, or mako it efficient, would be unavailing. The allowance of £2000 per annum for the support of its schools, Continued to be made by the Legislature, up to 1832 ; but in the latter year the grant was reduced to £1265, and has' since been discontinued altogether. The schools, however, under the management of the Institution, may still, under certain conditions, receive the allowance that is made generally to all elementary schools in the province. ^ "3. By the despatch which we have referred to, it will be seen that an Act was passed in 1829, for the encouragement of Elementary Education, which was to be in force three years ; and we find that Acts were passed, amending and explaining its provisions, in the two following years, 1 830 and 1831. In the latter year also, a Standing -Com- mittee was appointed in the House of Assembly, to report, from time to time, on all subjects connected with Education; by which Committee, renewed, as it has subsequently been, at the commencement of every session, several valuable Reports have been presented to the House. The views entertained in them appear to us generally so judicious, that wc j'. ii' I 1-23 can only lament that they have not heen more ex- tensively acted on by the House to which they were addressed. " 4. The system established in 1829 was further continued, by successive enactments, to the 15th May in the present year ; but a Bill, which would again have continued it, failed in the late session, so that the elementary schools are left for the present without any support from the Government. We find that, as the grants made by this Bill were far more extensive than in any that went before, and would, in the whole, have amounted to nearly £40,000, it was thrown out by the Coun- cil, principally on the ground that, if it had passed, sufficient money would not have been left in the provincial treasury to discharge the long arrears of salaries due to the public officers. In the Report, however, which the Committee of the Council made on this bill, additional reasons for rejecting it are set forth, based on the ill suc- cess of the former grants, on the danger of libe- rality degenerating into prodigality, and on the ex- tent of the powers that the bill bestowed upon county members. A copy of this Report and of certain resolutions founded upon it by the Council, is placed in the Appendix No. 3. ** 5. But though this bill was lost, two others re- specting education were passed ; one under which special grants were made to particular schools oi- colleges to the amount of £7(3'20. sterling ; another ii::iS '' m f I 124 by which Normal schools, or schools for the for- mation of teachers, were established in the cities of Quebec and Montreal. " 6. We have placed in the Appendix an extract from Lord Aberdeen's despatch of 1st January 1835, (Appendix No. 2) explaining the ground on which the Royal Assent was refused to a Bill that had passed in 1834, for very generally conferring a corporate capacity on all institutions for education in the Province. A Bill of somewhat a similar nature, but framed apparently with an advertence to Lord Aberdeen's objections, was passed this year, but it received some amendments in the Council, and was not returned to the Assembly till after there had ceased to be a quorum in attendance. "7. The general system of elementary Education established by the successive enactments we have described, commencing in 1829, may be stated as follows. The whole province is divided into school districts, which, under the Bill that expired in May last, amounted to 1,344, and by the Bill which was lost in the first session of this year, would have been increased to 1,657, notwithstanding the repeated comments of the standing Committee of the Asserr; hly upon the excess of their numbers. In each district, a school may be established at the discretion of the visitors, and an additional one for girls in each parish ; a parish generally containing several dis- tricts. Every school may receive from the funds of 125 ly the Province, a grant of £20. per annum, provided no greater charge than 2s. per month is made for the education of each scholar, and that 20 scholars, at least, have been in regular attendance during a certain portion of the year. In any school where there are not less than 20 scholars paying this sum for instruction, the Trustees have power, under certain restrictions, to admit a proportion of poor children gratuitously. Half the expence of erect- ing school-houses is often granted, provided such half does not exceed £50. The sum of 10s. per annum is allowed to be distributed in each school by the visitors, in prizes or rewards amongst the children. " 8. Visitors are appointed for each county, con- sisting of the following persons: the resident Mem- bers of the Legislative Council, the Members of Assembly returned by the County, the Superiors and Professors of all colleges in it, the Presidents of all societies for promoting Education ; to whom are added in each parish, but for the parish only, the Ministers of the most numerous religious deno- mination, the senior Justice of the Peace, and the senior Militia Officer. These Visitors (or any three, or latterly two, of them) are required to visit annually all the schools in their respective counties, and must certify all the documents which are ne- cessary to obtain the various grants of money which have been enumerated ; public examina- tions are also to be held by them once a year. 126 \: ! f ii ■pi>'' ) ** 9. Ill each school district, moreover, tliere are three Trustees, chosen by persons qualified to elect Members of the Assembly, and empowered to hold the property which may belong to the school, and to receive benefactions and bequests, within certain limits, notwithstanding the laws of mortmain. ■ i ' " 10. The Bill of 1836 further went to authorize school districts to assess themselves, with the con- sent of a majority of the persons quailified to vote at elections for Members of Parliament, for the erec- tion of school-houses or the support of schools ; and the Bill also provided for the establishment of one superior or model school in each parish, the master of which might be paid out of the public funds a salary of £50. a year, provided an additional sum of £20. werie raised for him by the parish, n '. ■ "11. That the system of which we have given this rapid outline has been much abused, is suffi- ciently shewn in the valuable Reports which we have already mentioned of the Standing Committee of the House of Assembly. The principal defects seem to have been, the want of a central board or authority to direct and control the working of the system, a want of qualification in the teachers, and the want of attendance in the children ; the want of sufficient exertion on the part of parents in general, arising perhaps from the too prevalent impression that the education of their children is a matter of concern for the Government, and not for themselves ; and, lastly, the want of power to V27 raise money tor the support of sch Is, even where there miglit exist amongst the majority of the inhabitants a desire to subject themselves to assessments for the purpose. The Standing Com- mittee, in their first Report for 1836, expressly state that the liberality of the Legislature in sup- port of some societies, * had paralyzed their efforts instead of stimulating them.' "12. The failure of the Board of Education, which was instituted under the name of the Royal Institution, might at first be regarded as a fact tending to discourage any future plan for the crea- tion of a central authority, to be entrusted with the control of all establishments for elementary Educa- tion in the Province ; but we think that errors were committed in the formation of that Board, which would now be avoided ; and if we are not deceived in the hope we entertain, that the laudable efforts, lately begun, to introduce a general system of Education in Ireland are proceeding successfully, we would recommend that the fullest information respecting the working of that system should be sent to Lower Canada ; for where such abundant proof exists of a willingness to engage in the ge- nerous enterprize, we cannot doubt that any hints to be derived from successful practice in other countries would be well received. We are happy to be enabled here to add, that the Report of M. Cousin on the state of Education in Prussia, as well as several works on the subject of Education I ( 1; 1 !,; ■'I 1 . I i M'^ 128 in the United States, are beginning to attract notice in the Province. " 13. We do not think that the system of sup- porting schools entirely, or even principally, out of the general revenue of any country is a good one. We think, on the contrary, that the funds for ele- mentary Education should be supplied from the following sources. ** First. — From a general assessment on all pro- perty within the parish or school district, on the principle, that as education is a matter in Vv^hich the public good is concerned, every inhabita;it ought to contribute to it in proportion to his means ; and also, because the expenditure of money, raised in part by local assessment, is likely to be better superintended, and more careful" ^ watched by per- sons on the spot, than the expenditure of money supplied entirely out of the general revenue. " Secondly. — By a grant from the public purse of the Province, which grant, however, should never exceed the amount of what is levied by local assess- ment. The general revenue in Canada being suf- ficient, and more than sufiicient, for all ordinary expenses of Government, it is but reasonable that a portion of it should be applied to reduce the amount of local assessments. "Thirdly. — By payments from the children themselves, or rather from their parents, for the reason that what people get for nothing, they are apt not to value highly. 129 *' 14. With respect to the superintendence of the elementary schools, we think trustees and inspec- tors should he elected hy the rate-payers in each parish or school district, who shouhi correspond with, and be in subordination to, a central board established in each of the districts into which the Province is divided. In Quebec and Montreal we think that the Board ought to be composed, at least in the commencement, of the persons who have been already constituted a committee in the management of the Normal schools, and that in the other districts, Boards should be formed, as nearly as possible on the same principle. The con- trol exercised by the visitors appointed by the recent Acts of the Legislature, has been, as far as we can judge, neither satisfactory nor efficient. That it was insufficient to check jobbing and mal- versation, appears to be admitted in the Reports made to the Assembly, whilst the possible employ- ment for political purposes of the patronage, which was afforded by it to members of the Assembly, is objected to, and we conceive not without reason, by the Council. *' 15. With respect to the very important ques- tion, how far elementary schools should be charged with the duty of affording religious instruction, we must confess frankly that we have not sufficient in- formation to enable us to express a decided opinion. As a general principle, we cannot hesitate to de- clare, that as it is highly important that such I' ' 1 u . i 130 schools should be as comprehensive as possible, so is it, in our opinion, desirable that the religious instruction imparted in them should embrace only such general doctrines as all who are Christians may agree in ; but whether a plan of this sort would be suitable to the present state of Lower Canada, is a question on which we are not pre- pared with an answer. There is a deep sentiment of religion spread, we believe, over the whole popu- lation of the country, and we are happy to bear testimony so cordially as we can do, that it is ac- companied with fewer feelings of acerbity of the followers of one creed towards another, and parti- cularly of Protestants towards Papists, than perhaps in any country where distinctions so marked and so numerous exist. From this we might not un- reasonably be led to expect that a system of educa- tion founded on the truly Christian principle of toleration and general charity would not be unat- tainable ; if we further, however, venture to ex- press a hope that such a plan may be prosecuted to completion, we feel that in doing so we ought to add, that the best chance of its being realized may, as far as we ourselves are concerned, depend on our here dismissing the subject, rather than attempting to prescribe to those who must be engaged in the great and gratifying work of carrying it into exe- cution, the means that they are to employ. " Upon the subject of the higher class of Schools, we cannot enter at present, though, as we have 131 e, so ;ioiis only tians sort lOwer pre- ment popu- bear is ac- of the parti - ^rhaps id and >t un- iduca- ple of unat- to ex- ted to ffht to may, n our ipting lin the [o exe- jhools, le have received applications for assistance from the Trus- tees of McGill College, in Montreal, wu must pre- pare ourselves to do so hereafter ; as also to turn our attention to the subject of the establishment of a University in the Province, to which all classes of its inhabitants might resort for the attainment of the higher branches of Education, and the general cultivation of science. This latter, we believe to be an object of earnest desire amongst persons of in- fluence in the Province, and one which, we appre- hend, is every way befitting the care of the Impe- rial, as well as the local, Government. " We have the honour to be, your Lordship's most obedient humble servants, (Signed) " Gosford, *' George Gipps, " Chas. Edw. Grey." The spirit in which the Reports of the Canadian Commissioners generally have been framed, and more particularly that portion of them which re- lates to Education, is best exemplified in the fol- lowing paragraph of their first Report, in which, recommending the reservation to His Majesty of certain rights and powers over the Crown property, they set forth, '* Your Lordship will observe by the evidence (to wit, of Messrs. MofFatt, McGill, and Cochran, before inserted, and by a memorial which we have included in the A ppendix also inserted) that the Trustees of the Royal Institution brought 132 i,5 ft I \ before us, claims that the Crown should not de- prive itself of the means of granting them an en- dowment of land. The general reservation which we have just recommended, and His Majesty's right over the Crown lands, would in strictness comprise this power ; but we apprehend that such a grant would be viewed with great jealousy by the Pro- vincial Legislature : we cannot help thinking that the Royal Institution should be left to be assisted by the Assembly, which we believe has always shewn itself liberal in encouraging the promotion of Education." The state of education in Lower Canada has recently been again brought under the notice of Her Majesty's Secretary of State for the Colonies, as well by a deputation composed of some of the principal members of the House of Commons, and other persons resident in London connected with the Colony, as by the provincial agents represent- ing the inhabitants of British and Irish origin in the Province ; and it is understood that the subject is now under the consideration of Her Majesty's Government, and will receive that attention which its importance demands. I London, I3th June, 1838. THE END. NOnMAIt AKD SKSXK, FRIMTSRS, MAIDBN LANS, COVENT GARDEN. ■ iHl n»-<,>, ,t i^b. I not de- ft an en- 3n which ty's right comprise a grant the Pro- Ling that I assisted » always •omotion ada has lotice of Colonies, e of the •ns, and ed with present- n in the ibject is lajesty's 1 which DEN.