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The following diagrams illustrate the method: L'exemplaire film* fut reproduit grAce A la g^nirositA de ritabiissement prAteur suivant : La bibiiothique des Archives publiques du Canada Les cartes ou les planches trop grandes pour Atre reproduites en un seui clich6 sont fiimtes it partir de I'angle supArieure gauche, de gauche A droite et de haut en bas, en prenant le nombre d'images nicessaire. Le dipgramme suivant illustre la m^thode : 1 2 3 1 2 3 4 5 6 I 1 I I I I I I B A Brief History from Official Sources of the Legisla- tion respecting Separate Schools since the year 1863 in the United Province of Canada, and in the Dominion since Confederation. See page IJt, giving dbsiract of debates in both Houses, in year 1875, ivhen a Constitution was granted to the North-west Territories. From Assembly Journals, Pages 96 to 130 — 6th March, 1863 — AS Follows: — The Order of the Day for the second reading of the Bill to amend an Act respecting Separate Schools in Upper Canada, in so far as the same relates to Roman Catholic Schools, being read; Mr. Scott moved, seconded by Mr. McCann, and the Question being proposed, that the Bill be now read a second time; Mr, Bnrwell moved, in amendment to the Question, seconded by Mr. Mackenzie, that the word 'now' be left out and the words 'this day six mouths ' added at the end thereof. And the Question being put on the amendment, the House divided: and the name^ being called for, they were taken down, as follow : — Yeas : , ■■ ' ' , - Messieurs Bell (North Lanark) , Dunsford, McKellar, Biggar, Ferguson, Morrii, Burwell, Haultain, Mowat, Cameron, Matthew Hooper, Munro, Cockbum, Jones, Notman, Dickson, Mackenzie, Pope, Nays: Messieurs Alleyn, Clarke, Laframboise, Anderson, Cowan, Lanpevin, Archambault, Crawford, Macdonald, J. A., Ault, Daly, Macdonald, Baby, Dawson, J. S. A. G., Beaubien, Desaulniera, Macdonald, Beaudreau, Dorion, J. B. E ., Donald A., Bell (Ruaaell), Dostaler, McCann, Benjamin, Dufresne, Alex. McDougall, Benoit, Dufresne, Joseph, McQee, Blanchet, Dunkin, MoLachlin, 5869—1 mt ma. Scatcherd, Scoble, Smith, and Stirton.— 22. Robinson, Robitaille, Rose, Ross, J. J. (Champlain), Ross, J. S. (Dundaa), Rykert, Scott, Sherwood, Sicotte, A. G., Simard, j T Bouraflsa, Bown, Brousset'u, Buchauaii, Cameron, John H. Carling, Caron, Cartier, Cauchon, Chnpais, Evanturel, Foley, For tier, Fournier, Gaudet, Harcourt, Hebort, Huot, Kierzkow8ki, Labreche, Mong^nais, Morin, Morrison, O'Halloran, Patrick, Poupore, Powell, Price, Rnnkin, Kcmillard, Simpeon, Sonierville, Street, Sylvain, Tnschereau, Tassfi, Wallbridge, Walsh, and Wilson.— 80. So it passea in the negative. Then, the maJn Question being put, the House divided; and the naujos \)eing called for, w>^re taken down, as follow: — Yeas : Messieurs Alleyn, Anderson, Archambault, Ault, Baby, Beaubien, Bell (Russell), Benjamin, Benoit, , Blunchet, Bourassa, Bown, Brousseau, Buchanan, Cameron, John H,. Carling, Caron, Cartier, Cauchon, Chapais, Chrke, Co\/an, Crawford, Daly, Dawaon, Dcrion, J. B. E., Do.'stuler, Dufrcsne, Alex., Dufresne, Jos., Dunkin, Evanturel, Foley, Fortier, Fournitr, Gaudet, Harcourt, Hebert, Huot, Kierzkowski, Labreche-Viger, Laframboise, Laiigevin, Macdonald, John Mncdouald, J.S.A AlcCann, McDougall, McGee, McLachlin, Mongenais, Morin, Morrison, O'Halloran, Patrick, Poupore, Powell, Price, Rankin, Remillard, Robinson, Robitaille, Rose, A., Ross, J. J. Ci., (Champlain), Ross, J. S. (Dundas), Seott, Sherwood, Sicotte, Atty. Gen., Simard, Simpson, Sonierville, Street, Sylvain, Ta&chereau, Tasse, Wallbridge, Walsh, and Wilson— 80. Nays; Messieurs Bell (No. Lanark), Dunsford, McKellar, Scatcherd, Biggar, Ferguson, Morris, Scoble, Burwell, Haultain, Mowat, Smith, and Cameron, M. C, Hooper, Munro, Slirton— 22 Cockbum, Jones, Notman, Dickson, Mackenzie, Pope, So it was resolved in the Affirmative. The Bill was accordingly read a second time, and referred to a Select Committee composed of Mr. Scott, the Honourable Mr. Attorney' -General J. A E B I] I! B C C D A A J S. Macdonakl, the Honourable John A. Macuonaki, Mr. Clarke and Mr. McCann, lo report thereon with all convenient speed ; with power to send for persons, papers and records. It will be observed tlmt an Upper Canada majority voted for the second read- ing of the Bill — twenty of these may be classed as C^onservativea and sixteen as Liberals. Nearly all the meml)er9 of the Liberal administration -supported the Bill, including the premier, the Honourable J. S. Maedonald. The Bill was also supported by the leader of the Opposition, the late Sir John A. Mncdonnld, and the Ieadin(;c members of the Conservative party, including the Ilonourablo John Hilyard Cameron, Mr. Benjamin, then (Jlrand Master of the Orange Order, and Mr. Anderson, Grand Treasurer of the Order. 12th Maecii, 18G3. The Order of the Day for the third reading of the Bill to amend ' An Act re(specting Separate Schools ' in Upper Canada, in so far as the same relates to Roman Catholic Schools, being read : Mr. Scott moved, seconded by Mr. McCann, and the question being pro- posed, that the Bill be now read the third time; Mr. D. A. Maedonald moved, in amendment, seconded by Mr. Biggar, that all the words after ' now ' to the end of the question be left out, and the words ' recommitted to a Committee of the Whole House for the purpose of adding the following words at the end of the second section : — " Provided always, that no such Separate Schools shall be established in any Township, unless the Roman Cntbolic residents therein constitute the ' minority ' of the inhabitants of such School Section," inserted instead thereof.' And the Question being put on the amendment, the House divided: and the names being called for, they were taken down, as follow: — Yeas : ect J. Messieurs Ault, Dunsford, ^fcKellar, Scoble, Bell (North Lanark) , Ferguson, Morris, Simpson, Bell (Russell), llarcourt, Mowat, Smith, Biggar, Ilaultain, Munro, Somerville, Bown, Hooper, Not man, Stirton, Burwell, Jackson, Pope, Street, Cockburn, Jones, Ross, J. S. (Dundas) White, and Cowan, Maedonald, Donald A. Rymal, Wright.— 36. Dunkin, Mackenzie, Scateherd, . -, ;• ■ Nays: Messieurs Abbott, Daly, Huot, Powell, Alleyn, Daoust, Jobin, Prevost, 5869— li 7 Anderson, Dawson, Joly, Price, Archanibault, Denis, Kierzkowski > llemillard, Baby, Dt'Havdniers, Labri'chc-Viger, Kobitaille, Bcaubien, Durion, A. A., La framboise > Ruse. Beaudreau, Dorion, J. B. E., Langevin, ]{o8a, J. J. Benoit, Doataler, Macdonald, John A. , (Champlain), Blanthet, Drumraond, Macdonald, J.S.A.G . Hyerson, Bourafisa, Dufresne, Alex., McCann, Rykert, Brou9?eau, Dufresne, Jos., McDougall, Scott, Buchanan, Evanturel, Mc(k't'. Sherwood, Cftineron, John H., Foley. MoLnchlin, Sicotte, Atty. G Cnrling, Fortier, Mongenais, Himard, Cnron, Foiirnicr, Morin, Sylvain, Cartier, Oagnon, ^forrison. Tnss^, Cnuchon, ridudct. Mcrton, Trtt. Chapais, ITebert, O'lTnlloran, Walsh, and Clarke, ■Rowland, Pat'-ick, Wright.— 78. Crawford, Huntinpton, Poiipore, So it passed in the Negative. And the Question being again proposed, that the Bill be now read the third time; The Honourable Mr. Cameron moved, in amendment to the Question, seconded by Mr. Anderson, That all the words after * now ' to the end of the Question, be left out, and the words * recommitted to a Committee of the Whole House for the purpose of amending the thirteenth clause, by leaving out the words " to grant certificates of qualification " in the third and fourth lines, and insert the word *' appoint," and to add the word " only " at the end of the said clause,' inserted instead thereof. And a Debate arising thereupon, The Honourable Mr. Sherwood moved, seconded by Mr. Dunkin, and the Question being put. That this House do now adjourn, the House divided: — Yeas, 35. Nays, 48. So it passed in the Negative. And the Question being again proposed on the amendment, and a further Debate arising thereupon ; Ordered, That the Debate be adjourned until to-morrow, and that it be then the first Order of the Day. The House resumed the adjourned Debate upon the amendment which was yesterday proposed to be made to the Question, That the Bill (to amend An Act respecting Separate Schools in Upper Canada, in so far as the same relates to Koman Catholic Schools) be now read the third time; and which amendment was. That all the words after * now ' to the end of the Question be left out, and the words ' recommitted to a Committee of the Whole House for the purpose of amending the thirteenth clause by leaving out the words " to grant certificates of qualification " in the third and fourth lines, and insert the word " appoint," and to add the word " only " at the end of the said claiise,' inserted instead thereof. And the Question being put on the amendment, tin House divided tlie names being called for, they were taken down, as follow : — Yeas: and the Messieurs Anderson, Dickfon, McDougall, Scntchord, Ault, Dunkin, McKollar, Scoble, Bell (North Lanark) Dunsford, Morris, Simpson, 15iKgar, FerKUBon, Morrison, Smith, J3o\vn, I iarcourt, Mowat, Somerville, lUirwell, Tlaultain, Munro, Stirton, Cameron, J. H., Uooper, Notnian, Street, (/urling, Ilowland, Pope, Walsh, (\K.'kburn, Jackson, Powell. White, Cownn, Jones, Ross. J. S. (Dundas; ), Wilson and Crawford, Kniffht, Eykert, Wrig«ht.— 47. Daly, Mackenzie, Rymal, Nats: Messieurs Abbott, Dawson, Huntington, O'Halloran, Alley n, DeCazes, liuot; Patrick, Archambault, Denis, Joly, Poupore, Baby, Desaulniers, Kierzkowski, Prevoat, Beaubien, Dorion, A. A., Labreche-Viger, Price, Beaudrcau, Dorion, J. B. E ., l.aframboise, Remillard, Bell (Russell), Dostaler, Langevin, Rose, Benoit, Di'ummond, "Macdonald, J. A., Ryerson, Blanchet, Dufresne, Alex. Macdonald.J.S.A.G. , Scott, Bourassa, Dufresne, Jos., Macdonald, D. A., Sherwood, Brousseau, Kvanturel, McCann, Sicotte (Atty. Gen.), Caron, Foley, McGee, Simard, Cortier, Fortier, McLachlin, Starnes, Cauchon, Foamier, Mongenais, Sylvain, Chnpais, Gagnon, Morin, Taschereau and Clarke, (laudet. Morton, Tasse.— 66. Daoust, Ifebert, ' So it passed in the Negative. And the Question being again proposed, That tl, "11 be now read the third time ; The Honourable Mr. Cameron moved, in amendment, seconded by Mr. Anderson, That all the words after * now ' to the end of the Question be left out, and the words * recommitted to a Committee of the Whole House, for the purpose of adding the following words : — *' It shall be the duty of the Council of Public Instruction for Upper Canada, from time to time, to name such persons as they may think fit in the respective cities and counties in Upper Canada, to grant certificates of qualification to teachers of Separate Schools ; and no one shall be employed as a teacher of a Separate School unless and until he has obtained such certificate," * inserted instead thereof. Mr. Scott moved, in amendment to the proi)o.sed aniendiiient, seconded by Mr. Pouporo, That the words, * It shall bo the duty of the Council of Public Instruction for Upper Canada, from time to time, to name sndi persons as they may think fit, in the respective cities and counties in I'piHir (Canada, to grant certificates of qualification to teachers of Separate Schools; and no one shall be employed as a teacher of a Separate School imioss and until ho has obtained such certificate,' be left out, and the words, * The tciichers of Separate Schools under this Act shall be subject to the same exaniinatioTi, and receive their certificates of qxialification in the same nuinm^r as Common School teachers generally; provided that persona qualified by law as teachers, either in Upper or Lower Canada, shall be considered qualified teachers for the purposes of this Act,' inserted instead thereof. And the Question being put <»n the amendment to the said proposed amendment, the House divided: and it was resolved in the Affirnuitive. And the Question being put on the amendment to the original Question, as amended, it was resolved in the Afiirmative. Then the nuiin Question, so amended, being put; Ordered, That the Bill be now recommitted to a Committee of the Whole Plouse for the purpose of adding the following words : — ' The teachers of Separate Schools under this Act shall be subject to the same examination, and receive their certificates of qualification in the same manner as Common School, teachers generally; provided that persons qualified by law a* teachers, either in Upper or Lower Canada, shall be considered qualified teachers for the pur- poses of this Act' The House accordingly resolved itself into the said Committee, and after some time spent therein, Mr. Speaker resumed the Chair; and the Honourable Mr. Alleyn reported, that the Committee had gone through the Bill and nuide an amendment thereto. Ordered, That the Report be now received. The Honourable Mr. Alleyn reported the Bill accordingly, and the amend- ment was read and agreed to. And the Question being again proposed, That the Bill be now read the third time ; The Honourable Air. Cameron moved, in amendment, seconded by Mr. Anderson, That all the words after ' now ' to the end of the Question be left out, and the words ' recommitted to a Committee of the Whole House for the purpose of leaving out, in clause 20, from the word " authorities," and insert- ing " Provided always, that the amount of the legislative grant to any Separate School in any one year shall not exceed the aggregate amount con- tributed by rates, fees, or otherwise, by the supporters of such Separate School in said year," ' inserted instead thereof. And the Question being put on the amendment, the House divided : and the names being called for, they were taken down, as follow : — ■ Aiiiler«on, Ault, BiKgar, liown, Uurwell, Cameron, J. H., Curling, Dickaon, Diinkin, Abbott, Alleyn, Archnmbault, 13aby, Boniibien, Beaudreau, Benoit, Blanchet, Bourassa, Brouasoau, Oaron, Cartier, Chapaifi, Clarke, Crawford, DaouBt, IJawson, I'lTguson, iliircourt, Iliiultain, Jlooper, Jai-kaon, Morris, Morriaori, Mowal, Mtinro, Ykas: Messieurs Notman, Powell, Ko8g, J. S. Scatohord, Scobk", Hliorwood, Simpson, Smith, Somerville, I 7 Stirton, (Jockburn, (Dundas) Cowan, Maokonzie, Mi-K.'llar, Itykert, Kymal, White, and Wright.— 36. Nays: Messieurs DeCazes, Denis, Dfeaulniers, Dorion, J. B. E., Dostaler, Drummond, Dufreene, Alex., Dufresne, Jos., Kvanturel, Foley, Fortier, Fournier, (ingnoD, Gaudet, Ilebert, Rowland, Huntington, Muot, Jobin, .loly, Kierzkowaki, Knight, Labreche-Viger, Laframboiae, Langevin, |LeBoutillier, Macdonald, J. A., Mac(l<)iuil(I..I.S.A.(J. Macdonald, D. A., McCann, McDougall, McQee, MoLachlin, Mongenaia, Morin, Morton, O'Halloran, Poupore, I'lfVOSt, Hc'millanl, Kobitaille, Byerson, Scott, Simard, Sylvain, 'J'nschereau, Tnsse, and Wilson.— 68. So it passed in tho Negative. the Mr. left the seri- ally cun- 'hool and And the Question being again proposed, That the Bill be now read the ihird time; Mr. I'erguson moved, in amendment, seconded by Mr. VViiite, Tliat at', the words after ' now ' to the end of the Question bo left out, and the worda * recommitted to a Committee of tlie Whole House for the purpose of inserting, after the word " Townshij)," in the last lino of the twentieth section, the following: — '' And that to entitle any Separate School to a share of such funds, it shall be I'equisite and sufficient that such school has been under tiie nuinage- ment of Separate School trustees appointed in the manner provided by this Act; that it has been in actual operation during at least three months in each school half-year, or six months during the whole year, and that it has been attended by an average attendance of at least fifteen children of school age, periods of epidemic or contagious diseases excepted," inserted instead threof.' And the Question being put on the amendment, the House divided Jt passed in the Negative. and And llio main QueHtion hoin^ put, the IIouso divided being cnliod for, they wore taken down, as follow: — Yka8 : and the nanioa MossiourB Abbott, Clarke, ilobert, Poupore, Alleyn, Crawford, 11 not. I'revost, Anderson, Daoust, •lobin, Hetnillard, Arubanilinult, DawBon, Joly, Kobitaille, Uaby, DrCazes, Kierzkowski, Host', Ticiiubien, Denis, Knight, Ryert i, Bonudreau, DrHnuliiiers, Lahrcchi'-Viger, Ilykert, Bell (IluHsell), Dorion, A A., i.afrainboise, Scott, Boiijmnin, Dorion, J. B. K., Langevin, Sherwood, Benoit, J)ostnler, Mandonald, J. A., Sicott«\ (Att'y Oon .). Blancliet, Dufresne, Alex., Mn.-.lonald.,].S.A.O. , Simard, BourasRa, Dufresne, Jo9., McCann, Simpson, Brousseau, Dunkin, McDougall, Somerville, Buchanan, Evanturel, McOee, Starnes, ' Carling, Foley, ■McLachlin, Sylvain, Caron, Fortior, Mongenaifl, Taschereau, Oartier, Fournler, Morton, Tas86, Cauchon, Gagnon, O'lTalloran, Walsh and Ohapnis, Oaudet, Patrick, Nays : Messieurs Wilson— 76. Ault, Dickson, McKellar, liymal, Biggar, Ferguson, Morris, Scatcherd, Bown, Harcourt, Morrison, Scoble, Burwell, Haultain, Mowat, Smith, Cameron, J. H., Hooper, Munro, Stirton, Oockburn, Jackson, Notman, White and Cowan, Jones, Powell, Wright— 31. Daly, Mackenzie , Ross, J.S., (Dundas) » So it was resolved in the AtHrraative. The Bill was accordingly read the third time. Mr. Scott moved, seconded by Mr. McCann, and the Question being put, That the Bill do pass, and the Title be * An Act to restore to Roman Catholics, in Upper Canada, certain rights in respect to Separate Schools.' The House divided : and the names being called for, they were taken down, as follow : — Yeas : Messieurs Abbott, Alleyn, Crawford, Dawson, Huot, Jobin, Poupore, Prevost, AiKlcraoii, Aroliuiiihaiilt, i:al..v, Kcaiibicn, BwuidrpBii, Hell (KlIHHfll), Bi'iijiiiniii. Bftioit, Blanchet, iiouras-^a, BioiHseaii, Buchanai), Carlinpr, ( 'aron, ('artier. Cauchon, Clarke, Ault, Bipgar, Bown, Burwoll, Cameron, John H., Cockhurn, Cowan, Daly, IXtnia, DcsHiilnlcrs, I)<»ri(it\, A. A., Dorion, J. B. E., DnMtHlor, DiifnsiH', Alex., DufrcHno, .Ioh., Duiikin. Kvanturel, Foley, Fortiflr, FttumU'r, Gagnon, Oaufiet, Hel)ort, Howland, Huntington, Dickson, FcrguBon, ITaroourt, Ilanltain, TToopnr, Jackson, Jones, Miu'kenrie, J"Iy. KitTEkow^ki, KiiiKhi, I^al»n'ch('-Vi>(fr. Laf'riunhoims, LanM:<>vin, MHcdonalil, J. A., MHi(l.>nal(i,J.S.A.n MoCann, McDongall, Mode*', MoLnohlin, Morin, Morton . O'llnllornn. Patrick, Nays: Messieurs MoEcllai. Morris. Morrison, Mowat, Munro, Notman, rowcll. So it was resolved iij the Affirmative. Ili'millard, liol.ituilK'. Koae, U.vkert. Kyinal, H(!(ttt. BIhtwooiI, , Sicotte (Atty. Ocn.), Siiniird, Sinipeon, Foniorviili', Stamcs, Tnaohercan, Tassfi, Walsh and Wilson— 74. Rom, J. S. (Dundas), Scatcherd, Scoble, Smith, Stirton, While and Wright.— 80. Ordered, That the Clerk do carry the Bill to the Legislative Council and desire their concurrence. ,, Extract prom Confkdkratiox Debates. By reference to the Confederation Debate:? in the Canadian Assenil)ly on the 3rd of February 1865, it will be noted that Sir Etienne Tache moved the following resolution : — ' Timt an humble Address be presented to ITer Majesty, praying that she may be graciously pleased to cause a measure to be subinitted to the Lnperial Parliament for the purpose of uniting the Colonies of Canada, Xova Scotia, l^ew Brunswick, Newfoundland and Prince Edward Island in one Govern- ment, with provisions based on the following Eesolutions, which were adopted at a Conference of Delegates from the said Colonies, held at the City of Quebec, on the 10th October, 1864.' Paragraph 43 reads as follows: — ' The Local Legislatures shall have power to make laws respecting the following subjects: — - 10 * Item 6. Education ; saving the rights and privileges which the Pro- testant or Catholic minority in both Canadas may possess as to their denomina- tional schools at the time when the union goes into operation.' When that item came up for discussion the Honourable J. S. Macdonald moved the following amendment to it: — That the following words be added to the original motion: — And that it be an instruction to the said Connnittee to consider whether any constitutional restriction which shall exclude from the Local Legislature of Upper Canada the entire control and direction of education, subject only to the approval or disapproval of the General Parliament, is not calculated to create widespread dissatisfaction, and tend to foster and create jealousy and strife between the various religious bodies in that section of the province. The amendment was negatived on the following division : — ■* Yeas : ir Messieurs Biggar, Macdonald Rymal, Wallbridge Burwell, (Toronto West), Scatcherd, and (X.Hastings).— J Macdonald Ross (Cornwall), (Prince Edward). Xays : Messieurs f t Abbott, De Niverville, Jones (South Leeds) , Poulin, AUeyn, Dixon, Knight, Poupore, Archarabault, Dorion Labreche-Viger, Powell, Ault, (Drum'd & A'bskn),Laframboi8e, Raymond, Beaubien, Dorion (Hochelaga), Lajoie, Remillard, Bellerose, Duckett, Langevin, Robitaille, Blanchet, ^ufresne LeBoutillier, Rose, Bourassa, (Iberville), Macdonald, Ross (Champlain), Bowman, ^ Lif resne (Attorney General . Ross (Dundas), Bown, (Montcalm), ^lackenzie Scoble, Brousseau, >unsford. (Lambton), Shanly, Brown, vanturel, Mackenzie Smith Cameron erguson (North Oxford), (East Durham), (North Ontario), (Frontenac), Magill, Smith Carling, Fortier, McConkey, (Toronto East), Caron, Gait, McDougall, Somerville, Cartier, Atty. Gen., Gaucher, McGee, Stirton, Cartwriglit, Gaudet, McGivern, Sylvain, Cauchon, Geoffrion, Mclntyre, Thompson, Chapais, Gibbs, McKellar, Tremblay, Cockburn, Harwood, Morris, Walsh, Cornellier, Haultain, Morrison, Webb, Coupal, Higginson, Paquet, Wells, Cowan, Holton, Parker, White, Currier, Houde, Perrault, Wilson, and DeBoucherville, Rowland, Pinsonneault, Wood.— 95. Denis, 11 le Pro- loniina- icdonald that it utional O'anada oval or jspread sen the fs).— 8. lain), ), Extract iROii British Xorth America Act, 1867. Education. 93. In and for each Province the Legishitnre may exclusively make Laws in relation to Education, subject and according to the following Provisions: — (1.) Nothing in any such Law shall prejudicially affect any right or Privilege with respect to Denominational Schools which any Class of Persons have by Law in the Province at the Union: ^ (2.) All the Powers, Privileges, and Duties at the Union by Law con- ferred and imposed in Upper Canada on the Separate Schools and School Trustees of the Queen's Koman Catholic subjects shall be and the same are hereby extended to the Dissentient Schools of the Queen's Protestant and Eoman Catholic Subjects in Quebec: (3.) Where in any Province a System of Separate or Dissentient School^ exists by Law at the Union or is thereafter established by the Legislature of the Province, an Appeal shall lie to the Governor General in Council from any Act or Decision of any Provincial Authority affecting any Right or Privilege of the Protestant or Roman Catholic Minority of the Queen's Subjects in relation to Education : (4.) In case any such Provincial Law as from Time to Time seems to the Governor General in Council requisite for the due Execution of the Provisions of this Section is not made, or in case any Decision of the Governor General in Council on any Appeal under this Section is not duly executed by the proper Provincial Authority in that Behalf, then and in every such Case, and as far only as the Circumstances of each Case require, the Parlia- ment of Canada may make remedial Laws for the due Execu- tion of the Provisions of this Section and of any Decision of the Governor General in Council under this Section. am), ast), Extract from Manitoba Act. The educational clause in the Imperial Act granting a constitution to the Province of Manitoba, reads as follows : — In and for the Province the said Legislature may exclusively make Laws in relation to Education, subject and according to the following Provisions: — (1.) N^othing in any such Law shall prejudicially affect any Right or Privilege with respect to Denominational Schools which any Class of Persons have by Law or Practice in the Province at the Union. (2.) An Appeal shall lie to the Governor General in Council from any Act or Decision of the Legislature of the Province, or of any 11 Provincial Authority, aflfecting any Right or Privilege of the Protestant or Roman Catholic Minority of the Queen's Subjects in relation to Educiition. (3.) In case any such Provincial Law as from Time to Time seems to the Governor General in Council requisite for the due Execution of the Provisions of this Section is not made, or in case any Decision of the Governor (Jeneral in Council on any Ap})eal under this Section is not duly executed by the proper Provincial Authority in that Behalf, then and in every such (\ase, and as far only as the Circumstances of each (^asc may require, the Parliament of Canada may make remedial Laws for the due ICxecution of the Provisions of this Section and of any Decision of the Governor General in Council under this Section. Extract from Commons Hansard, 1870. The following is the debate and the division on the motion for its adoption "in the Parliament of Canada : — Mr. Olivkr moved that the Educational Clause be struck out. Hon. Mr. Chauveau hoped the amendment would not be carried. It was desirable to protect the minority in Manitoba from the great evil of religious dissensions on education. There could be no better model to follow in that case than the Union Act, which gave full protection to minorities. It was impossible to say who would form a majority there, Protestants or Catho- lics. If the population were to come fi'om over the seas, then the Protestants would be in a majority. If, as had been asserted, Manitoba was to be a French preserve, then the Catholics would be a majority. He did not care which, because he desired only to see the new province freed from discussions which had done so much injury in the old provinces of Canada. They presented a problem to the whole world, and the question was, could two Christian bodies, almost equally balanced, be held together under the British Constitution. He believed that problem could we worked out successfully. lion. Mr. McDouGALL, M.C., said the effect of the clause, if not struck out, would be to fix laws which the Local Legislature could not alter in future, and that it would ba better to leave the matter to local authorities to decide, as in the other provinces. He quite agreed with his hon. friend in giving the same powers to this province as the others, and it was for that reason that he desired to strike out the clause. Hon. Sir George E. Cartier referred to the manner in which the Red River country had been settled, and grants of land which had been made to the clergy for the purposes of education. Mr. Mackenzie was prepared to leave the matter to be settled exclusively by the Local Legislature. The British North America Act gave all the pro- tection necessary for minorities; and local authorities understood their own local wants better than the General Legislature. It was his earnest desire to 13 avoid introduciTjg into the new province those detrimental discussions which had operated so unhai)pily on their own country, and therefore hoped the amendment would be carried. After a long discussion, a division was taken on the amendment: 34. Nays, 81. Yeas: -Yeas, Ault, Bodwell, Bolton, Bowell, Bowman, Brown, Connell, Dobbie, Drew, Ferguson, Messieurs Jones Morrison (Leeds & Grenville) (Victoria, O.), Kirkpatrick, Oliver, ^lacdonald Redford, (Glengarry), Ross (Dundas), Mackenzie, Ross (Prince Edward] Wells, McConkey, Ross White, McDougall (Lanark). (Victoria, N.S.), Wright, (York, Metcalfe, Ross Ont, W.R.), and Mills, (Wellington (5.R.), Young.— 34. Nays : Rymal, Snider, Stirton, Thompson (Ontario), Wallace, Messieurs Archambeault, Coupal, Huot, Morison Archibald, Crawford Hurdon, (Niagara), Beaubien, (Brockville), Keeler, O'Connor, Bechard, Daoust, Lacerte, Peltier, Bellerose, Dorion, Langevin, Perry, Benoit; Dufresne, Langlois, Pinsonneault, Blanchet, Duncan, Lawson, Pope, Bourassa, Fortier, Le Vesconte, Pouliot, Brown, Fortin, McDonald Pozer, Brousaeau, Gaucher, (Lunenburg) Kay, Burtin, Gaudet, McDonald Renaud, Cameron (Peel), GeofFrion, (Middlesex), Robitaille, Campbell, Gendron, Masson Ryan (King's, N.B.), Carling, Gibbs, (Soulanges), Savary, Caron, Godin, Masson Scatcherd, Cartier Grant, (Terrebonne), Scriver,. (Sir George E.), Gray, McDougall Shanly, Casault, Grover, (Three Rivers), Stephenson, Cayley, , Heath, McGreevy, TiUey, Chauveau, Ilincks McKeagney, Tremblay, Cheval, (Sir Francis] , Merritt, Walsh, and dmon. Holmes, Morris, Wilson.— 81. Costigan, Holton, ( . ■ ',■■■».. A Brief Sketch from ^ Hansard ' showing the Beaaons why Separate Schools were est atjlisJied when grant- ing a Constitution to the Mortti-west Territories, On the 12th March, 1875, the Hon. Mr. Mackenzie, then Premier, when intro- ducing the Act to amend and consolidate the laws respecting the Territories, ia reported in the Commons Hansard, page 653, as follows ; — As he intimated on a furnier occasion, llic (joveninient decided some tinu! ago to establish an entirely independent CJoveviiment in those Territories. To a certain e\tent it would have been advisable, before such un Act was passed, if it could be done, to have the boundary of JMaiiitobu rcctitied, but that was a matter which it was ditlieult to deal with at IIk; present iiioiiK'iit. In the Bill, as first introduced, no reference was made to the subject of educa- tion, and this omission was made the subject of comment at a later stage of the de,bate. The following extracts from the speech of the Hon. Edward Blake, then an independent Liberal, gives his views on the Bill submitted ; — The task which the Ministry hud set for itself was the most important it was possible to conceive. !|?o found primary institutions under which we hope to see hundreds of thousands, and the more sanguine of us tliink, millions of men and families settled and nourishing, was one of the noblest undertakings that could be entered upon by any legislative body, and it was no small indica- tion of the power and true position of this Dominiiu that Parliament should be engaged to-day in that important task. He agreed with tlie hon. member for Kingston (Sir John A. Macdonald) that the task was one that required time, consideration and deliberation, and they must take care that no false steps were made in such a work. He did not agree with that right hon. gentleman that the Government ought to repeal his errors. The right hon. gentleman had tried the institutions for the j^orth-west Territories which he now asked the House to frame, and for tlie same reason as lie had given to-day — that it would be better for the Dominion Government to keep matters in their own hands and decide what was best for the future. He (Mr. Blake) believed that it was essential to our obtaining a large immigration to the jS^orth-west that we should tell the people beforehand what (hone vkjIiIs were to he in the country in ivhich we invited them to settle. * * * He regarded it as essential, under the circumstances of the country, and in view of the deliberation during the last few clays, that a general principle should be laid down in the Bill with respect, to public instruction. He did believe that Ave ought not to introduce into that territory the heartburnings and difficulties with which certain other portions of the Dominion and other countries had been afflicted. Jt seemed to him, having regard to the fact that, as far as we could expect at present, the general character of that population 5869—1 14 15 would be somev'hnt annlogons to the ])opulation of Ontario, that there should be some provision in the constitution by which thoy should have conferred upon them (he same rights end privileges in ref)ard to religious instruction as those possessed by the people of the province of Ontario. The principles of local self-government and the settling of the question of public instruction seemed to him ought to be the cardinal principles of the measure. When answering Mr. Blake, the Premier is reported as follows : — As to the subject of public instruction, it did not in the first place attract his attention, but when he cainc to the subject of local taxation, he was reminded of it. Not having had time before to insert a clause on the subject, he proposed to do so when the JJill was in Committee. The clause j)rovided that the Lieutenant-Governor, by and with the consent of his Council or Assembly, as the case might be, should pass all necessary Ordinances in respect of educa- tion, but it would be specially provided that the majority of the ratepayers might establish such schools and impose such necessary assessment as they might think fit; and that the minority of the ratepayers, whether Protestant or Roman Catholic, might establish separate schools; and such ratepayers would be liable ordy to such educational assessments as they might impose upon themselves. This, he hoped, would meet the objection offered by the hon. meuibor for South Bruce. Mr. D. A. Smith, then member for Selkirk (the present Lord Strathcona), touched upon the subject in the following words : — The point brought up by the hon. member for South Bruce (Mr. Blake) was an important one, and he was glad to find that the First Minister intended to introduce a provision in Committee dealing with the subject. •■' The following extract is given as showing the opinion of the late Hon. David Mills, who has always been regarded as a high authority on const utional subjedts : There was another matter it seemed to him ought not to be disregarded; and that was the terms and conditions imder which these people would ulti- mately be formed into a j^rovince. It would be better that the people who settle thai territory should know beforehand the terms and conditions under which they would become an organized part of the Dominion. He saw no objection, when the population became sufficiently large, to allowing that territory to be represented in the Dominion Parliament before it was organized into a province. » The educational clause, as introduced in committee, section 11, reads as ; follows : — Whe7i, and so soon as any system of taxation shall he adopted in any dis- trict or portion of the North-west Territories, the Lieutenant-Governor, by and with the consent of the Council or Assembly, as the case may be, shall pass all necessary Ordinances in respect to education; hut it shall therein be always provided, that a majority of the ratepayers of any district or portion of the North-west Territories, or any lesser portion or sub-division thereof, by what- ever name the same may be hnown, may establish such schools therein as they may think fit, and make the necessary assessment and collection of rates therefor ; and further, that the minority of the ratepayers therein, whether Protestant or Roman Catholic, may establish Separate Schools therein, and that, in such latter case, the ratepayers establishing such Protestant or Roman n and Catholic Separate Schools nhall be liahle, only in asftessmeulft of mich rairs as they may impose upon themselves in respect thereof. The Bill pafisal throuKh its several stages in the House of Commonit without any opposition ; not a single observation is to be found in the debute intimating that any one member dissented to the aducationnl clause. Iti the Senate, on the motion for thu third reading by Mr. Scott, Mr. Aikins said : — He was opposed to a provision in this Bill. In the 11th clause provision was made for the maintenance of certain .scliools for Protostants and Roman Catholics separately. He thought it was un.vise to introduce anything of tliis nature into the Bill. He, therefore, moved, seconded by the Hon. Mr. Flint, to strike out all the words after * therefor ' in the li-'th line. The following extracts from the debate prove conclusively that it was recog- nized by both opponents and supporters of separate schools that the Bill was adopting a constitutional principle which could not afterwards bo changed. Mr. Brown said : The safe way for us was to let e:;cli province suit itself in such matters. This country was tilled by })eople of all classes and creeds, and there would be no end of confusion if each class had to have its own peculiar school system. It had been said this clause was put in for the protection of the Protestants against the (Catholics, the latter being the most numerous. But he, speaking for the Protestants, was in a iwsition to say that we did not want that protection. Mr. Scott, in reply, among other observations, said : Any gentleman would have to admit that it was the greatest pos- sible relief to the people of Ontario that this question was settled for them, and was not, as in some of the other provinces, a source of constant discord. He was one of those who maintained that parents had a right to educate their children as they pleased, and that they ought not to be taxed to maintain schools to which they could not conscientiously send their children. Our whole system of Government was based upon that sound prin- ciple, and how long could we have happiness and peace in this country if we were to abolish that safeguard, which was now recognized in both the large provinces? Would not every gentleman in this Chamber gladly see the New Brunswick trouble removed? Now was the proper time to establish in the new territory a principle that ought years ago have been established in this Dominion. He hoped hon. gentlemen would not take advantage of their majority to force upon the House a principle to Avhich many were conscien- tiously opposed. Hon. Mr. Miller said : — Parliament had an undoubted right, under these circumstances, to make such provisions regarding the question of education, or any other question, for this new territory, as in its wisdom it thought best for the future peace and well-being of the country. The difficulties they had already encountered in the old provinces in regard to education should be a Avarning to them to prevent similar troubles arising in the provinces they hoped to see spring up in the North-west. This policy had been applied to Manitoba, and who can deny that that course bad been wise, and would save that province from all the discord and bitter agitation through which the older provinces were either IT passing or lisul iilnixlv piishcd. 1 1 wjis niifortniint(> tliat tlic Act, of llnioii liiid not settled tiie ediieiil imiiil ri-flil id" ill! the old pi'uviiil e\p('ri«'nee, and deal willi llie subject in a lair and liheial si)irit. All the iSill asked was that all parties in that, new eoMiitrv .slinidd have such sehoids as they ehose to estab- lish at their own expense, and that niinnrilies woidd at all times be safe against tlie tyranny or intnleranee of nnijoritie^. That wonld not be interferinj; with the just rights of any bo(|y or elmi; biil. ^n the enntrary, it wonld be ginir- anteeing tb(! rights (d' all classes. // iroiihl siinpli/ he [irovidbuj, while they had the poircr to do so, for freedom of eoiiseicnce vj'dh ref/drd. lo the vexed qiieslion of edne(dion. It slionld be burne in mind llnit tlie body to wbicb bo belonged felt deeply in this (piestion. and wwbore to resist injustice and vindi- cate their conscientious views with icgnrd lo this or any oilier question. Hon. Mr. Lctojlier dc St. Tiist said : — The (Jovermnent knew that gnat dillieulties bad already arisen in the existing provinces with regard to the sdnxd (|iiesti oonrurrrd with what liad fallen from his hon. friendfl on the treasury l)enches, and from hon. ffniitlemen who hud spoken on the amend- nu«it, with respect to the propriety of allowing msparat*! sehoolw. But t'lr question was not whether tliose schools were right or wrong, good or had, hut iw to whether it was wise for this 1 1 9 <5.44<^ 5 4 7".75« '1 3 5*J''44 '' jC s. d ^' s. d. 50,608 8 h From 1839 to 31 Dec, 1903. 365 >^J 4j 2,862 7 6: 2,516 19 9i .?..H5 10 III i('3 '4 " ''5''3 '5 ^ Grants to School Boards under Acts 35 and 36 Vic. c. 62, s. 67 and 60 and 61 Vic c 62, s. I Special grants to schools in Hij^hlands and Islands 66, 1 34 970 o Fee grants for day scholars... 328,682 14 Aid grants for Voluntary schools under sec. 2 of Education (Scotland) Act, 1S97 j 12,763 10 o Grants for Agricultural Education Grants for Science and Art i 1 Grants under Code for continuation classes! 112,742 5 5 Grants for Edinburg Museum of Science: and Art ; 14.599 '4 2 Expenses of Education Board under Act 351 and 36 Vic. c. 62 ! 9,236 12 9. [,280 o o 5,063 I I o 354 »9 3 2,975 I 6; I 756 II 9 . 1,480,130 16 lol 79,609 17 51,643 14 £ s. d. <3.39«."9i 7 "«' 3,803,079 15 2 404,731 8 II 1,217,321 I 4 1,215,232 13 2 448,646 18 o 19,306 19 7 3,678,029 4 o 74,401 18 o 14,000 o o 281,730 19 I 168,585 12 5 38,080 2 8 29.31 ' 3 4 24,790,649 36 Has the teaching of religion and morals in the schools of Scotland been more productive of good 01 of evil. Facts speak more forcibly than words.