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REPORT adopted hy the Protestant Committee of the Council of Puhlic Instruction at the Meeting of May 14, 1889. The Jesuits' Estates Sm-TLBjiENT. This important Act of the Legislature of Quebec was first brought under the notice of the Protestant Committee of the Council of Public In- struction on the 6th of February, 1889,' by a letter from the Provincial Secretary. A sub-committee was appointed with instructions to consider what eflfect the Act would have upon tlie vested rights of the Protestant people of this Province, and upon the interests of Superior Education therein, and on the funds already devoted to those interestc and purposes. The sub-committee made their report on the 15th May, 1889, and the fol- lowing is the action of the Committee (the Protestant Committee) in this important question. The following brief sketch will show the history of the appropriation of the .Jesuits' Estates to the purposes of Education:— 1. In the preamble of the Act 51-52 Vict., Cap, 13, " An Act respecting the settlement of the Jesuits' Estates," the following statement made by His Honor the Lieutenant-Governor at the opening of the Legislature in 1888 was inserted : — " Whereas the said Estates were confiscated by the Imperial authori- ties under the reign of George III., after the suppression of the Order of the Jesuits, and were afterwards transferred to the authorities of the former Province of Canada " The authority for the above statement will be found in the preamble of the Act 2 William IV., cap. 41, an Act to make provision for the appropriation of certain monies arising out of the Estates of the late Order of Jesuits and for other purposes. The exact words are :—" Most Gracious Sovereign :" " Whereas His Excellency Matthew Lord Aylmer, . . . was pleased by message, bearing date the 18th of November,' 1831, to lay before the Houses of the Provincial Parliament a despatch 'oy him received from Lord Viscount Goderich . . . Principal Secretary of State the said year, whereby it appears that your Majesty has been pleased to confide without reserve to the Provincial Legislature the appropriation of the funds arising from the Estates of the late Order of Jesuits to the purposes of Education exclusively ; and whereas it is expe- dient to make Legislative provision for carrying your Majesty's gracious intentions in that behalf into effect. May it therefore please your Majesty, etc. :— " 2 By the same section provision was also made for the placing of a sep- arate chest in the vault of the Receiver General's oflice in which were to be deposited the monies of the said Estates, and further that the said Estates "shall be applied to the purpose of Education exclusively in the manner proposed by this Act, or by any Act or Acts which may hereafter be passed by the Provincial Legislature in that behalf but not otherwise. The foregoing shows conclusively the possession of the Estates by the Imperial Government, the transfer of the property to the Pro- vincial Parliament in trust, the acceptance of the trust, and the action of Parliament in oider to guard the trust, and to prevent the revenues of the Estates from being mixed up with ordinary Provincial Funds. 2. On the foundation thus laid, legislation took place from time to time with the object of appropriating the monies raised from these Estates (see 9 V. 59, 1846, sec 1 ; and 16 V. c 74, 1853, s. s. 4-5 for Normal Schools.) (a and b..) The trust, so established, was not affected by the Seignorial-Tenures Abolition Act of 1854, which expressly exempted the Crown and Jesuits' Seignories, from the opeiations of the Act, (see clause 35 of the said Act.) (c.) (a.)9Viot. c 59, §1, clause 1. An Act for the appropriation of the revenues arising from the Jesuits' Estates for the year 184.6. " Whereas it is expedient to provide by Act of the Parliament of this Province for the application of the revenues and interest arising from the Estates of the late Order of Jesuits to educational purposes in Lower Canada, and to appropriate certain sums out of the same for such purposes during the present year it is hereby enacted That the reve- nues and interest arising from the real or funded property forming part of the Estates of the late Order of Jesuits, and now at the disposal of tho Legislature for educational purposes in that part of this Province which formerly constituted the Province of Lower Canada, shail be and are hereby declared to be applicable to such purposes and no otherj and that from and out of the said revenues, etc " (6.) 16 Vict. cap. 74. An Act to appropriate certain unexpended balances of the School Fund for Lower Canada, and certain other sums, out of the Jesuits' Estates Fund, for educational purposes in Lower Canada. Clause 4. And whereas it is expedient to define by law what amount shall be paid out of the Jesuits' Estates Fund, for the years 1852 and 1853. towards providing for the re- muneration of the school inspectors and for the establishment and maintenance of a Normal School in Lower Canada Be it therefore enacted. That out of the said Fund there shall be appropriated and paid for the above purposes a sum not exceeding £2,000 currency for each of the said years. Clauses. And be it enacted. That out of the said Jesuits' Estates Fund there shall and may be paid, as an investment at the rate of 5 per cent, interest per annum, payable half-yearly a sum not exceeding £4,500 currency, for the purchase of a site and buildings for a Jiormal School at Montreal, and a further sum not exceeding £500 cur- rency for the necessary repairs thereto. N.B.— In each of the above Acts, and in all Acts appropriating the funds of the Jesuits' Estates, there will be fouud an "Accounting Clause," that the due application of the moneys appropriated shall be accounted for to Her Majesty through the Lords Commissioners of Her Majesty's Treasury. (c.) Seigniorial Act, 1854. Clause 35. Be it enacted. That none of the provisions of this Act shall extend to the Seigniories of the late Order of Jesuits. 8 LOWER CANADA BUPBRIOR EDUCATION INVESTMENT AND INCOME FUND8. 8. In 1856 by the Act 19.20 V. c 54, provision was made for the for- mation of two Funds, to be known respectively as the Lower Canada Superior Education Investment Fund, and the Lower Canada Superior Education Income Fund. These funds were estabhshed as follows : INVESTMENT FUND. The estates and property generally of the late Order of Jesuits, whether in possession or reversion— including all sums funded or invested, or to be founded or invested as forming part thereof, and the principal of all monies which have arisen or shall arise from the sale or commutation of any part of the said Estates or Pro^Kjrty, were appropriated for the pur- poses of the said Act, and formed the Lower Canada Superior Education Investment Fund. The Income Fund was raised as follows : (a) From the revenue and interest to arise from the real property for- ming part of the Jesuits' Estates, or from monies funded or invested as belonging to said Estates, or from any property real or personal rever- sible to the said Estates as part of tliom, the revenue and interest of investments made or to be made, and debentures held or to be hold on account of the said Estates. (h) From the income and interest to arise from investments to be made out of the monies received or to be received from commutations effected or to be effected in the Seigniories forming part of the said Estates, and generally all the revenues arising out of the said Seigniories forming part of the said Estatea. (c) From the revenues arising from the investment of monies received, the sale of any portion of the said Estates, or from the sale or redemption of any ' rente fonciere' or 'rente constitute' being part of the said Estates. {d) In addition to the foregoing the unexpended and unclaimed yearly balances of the Common School Fund for Lower Canada were added to the said Income Fund, and a sum of $20,000 was also appropriated to the same purpose, to be taken from the Consolidated Kevenue Fund of the Province. (e) Further, in case the whole of the preceding sums should fall short in any one year of $88,000, then such sum shall be taken from the Common School Fund of Lower Canada and added to the same, derived from other sources, as shall make it equal to $88,000. It was further provided by the same Act of 18-56 that if in any one year the whole of the Income Fund were not apportioned and distributed the balance not distributed was to remain for further distribution, but power waa given to the Governor to cause the said balance to be invested and the income or the interest of the said investment was to be added to the said Income Fund, but the principal was to form part of the Invest- ment Fund. Thus the trust ostablished by the transfer by the Imperial Govern, ment of tho Estates in 1H31, and aiiooptod by tiie rrovineial Govornuient in 1832, was maintained, and made available by tlie Act of 1850 for Superior iMlucation, tlirougli tlie two great Funds tlien created. 4. Tliough many clianges were loade in tlio Education Law after 1850, both before and subsequent to Confederation, no cliango was made in regard to these two Funds until 1888, and tlion (not by direct legislation but) indirectly by the passage of the Act respecting the settlement of the Jesuits' Estates. In the draft of the Revised Statutes, published in 1887, which was sub- mitted to the Council of Public Instruction, in order that the Government might receive any amendments which either of the two Committees might deem to be of importance, the clauses relating to the two Funds are to be found intact. In 1887 the Revised Statutes were submitted to the Legislature and adopted, subject to certain modifications, so as to incorporate the Acts of the same Session, &c. In the Annex of the said Act, a list of Acts and parts of Acts so incorporated is given, but although the law relating to Public Instruction (classed under Title V.) is modified in certain particu- lars, yet no reference is made to the cancellation of the clauses relating to the two great Funds for Sujjerior Education. 5. In 1888 the Act respecting the Revised Statutes (1887) was amended so as to incorporate the Statutes of a general nature passed during the session, " and by section 1 of this amended Act the Lieutenant-Governor may select such Acts and part of Acts passed during the present Session as be may deem advisable to incorporate with the roll marked A. men- tioned in the Act 50 Vict. Cap. 5, (1887), as being that of the Statutes revised, classified, and consolidated, and may incorporate them there- with." In the same session (1888) the " Act relating to the settlement of the Jesuits' Estates was passed and by section 6 of this Act the Lieut-Gover- nor was authorized to dispose of the whole of the property . . . known as the Jesuits' Estates. By section 7 of the same Act, the Act respecting Escheats and property confiscated to the Crown (48 V. c. 10) is made to apply to the said Estates "notwithstanding Section 5 of the said Act," which Section 5 reads as follows :— "This Act shall not apply to confiscated or es- cheated property with respect to which there exists special statutes." The effect of this was to place the pro{)erty under the control of the Commissioner of Crown Lands, with power to the Lieut.-Governor to sell and dispose of the same. " And tlie proceeds of the sale of the whole property may be applied also notwithstanding any Act to the contrary for the above mentioned purposes (the payment of $400,000 and $60,000 respectively) or for any other purposes approved by the Legislature." 6. In the Revised Statutes, as last issued, the clauses establishing the two great Funds are omitted, and by Appendix B, vol. 2, Revised Statutes, p. xxi, they are declared to be " effete." keal 4 7. Time thotnistwaa broken and no fnno body of the 19 March, 1889, as follows :— 11th March, " Question by Mr. Hall:— Is the $400,000 mentioned in the Act of last session, 51-52 Victoria cap. 13, respecting the settlement of the Jesuits' Estates to be taken out of the proceeds of the said Estates, leaving the balance to be appropriated to Sui)erior Education, as heretofore ; or is said sum to be taken out of the Consolidated Revenue Fund of the Province, leaving the said property generally called the "Jesuits' Estates" in the same position as they were before the passing of said Act ? " Is the Act of last session, 51-52 Victoria, cap. 13, respecting the settle- ment of the Jesuits' Estates to be held as dissolving the Superior Edu- cation Investment Fund and the Superior Education Income Fund, as defined under the provisions of the Con. Stat. L. C, cap. 15, sections one to five inclusive and others, or will the guarantee and provisions of said sections still be maintained ? " Answer by Honorable Mr. Mercier :— " The best way of giving an answer to this question, is to give an extract from the following letter to His Eminence Cardinal Slmooni Prefect of the l^opagunda at Rome." ' "Extract from a letter sent to His Eminence Cardinal Simeoni, Prefect of the Sacred Congregation of the Propaganda at Rome, dated the 25th Octolier, 1888 :— " Does the Government of the Province of Quebec intend to continue to give in future either to the three Archbishops or to the five bishops of Lower Canada or again to the Jesuit Fathers the grant hitherto voted for Superior Education, even after having paid to the parties indicated by His Holiness the Pope the sum granted by the Act of last session in set- tlement of the Jesuits' Estates." Answer. — " Yes." In virtue of an old law, the revenues of the Jesuits' Estates formed a special education fund, the amount whereof, whidi has hardly varied since 18G7, is now seventy-eight thousand four hundred and ten dollars ($78,410), of which sixty-six thousand two hundred and forty dollars ($66,240) is at the disposal of the Roman Catholics, and twelve thousand one hundred and seventy dollars ($12,170) at the disposal of tiie Protest- ants. The government intends to leave that amount intact, at the disposal of the Council of Public Instruction. 6 lOrn March 1889, QtrioHTroN By Hon. Mk. Robhuthon :— DofiH tlio fantof tlioKraiit of $-t(l().()00, niiulo in tlui JcHiiit Bill of InHt B«HHioii to tlio 8iicfcs8oi'8 of tlio liito Jesuit Fiilliors and to tlio Protostaiit Sii{)t!rior iOdiiciitioii liavc tlio otlect to la(;ed in the consoliilated Uevenuo Fund of the Province by the said legislation of last session ? Answer by lion Mr. Mercier :— 1. In the first ])lace, the assertion that the Jesuits' Bill of last session grants S4(iO,000 to the successors of the late Jesuit Fathers, and tothePro- testan Superior Education, it is entirely inexact. Then it has already been stated that the ordinary j^n-ant to 8u()erior Education will remain the same in future, and I confirm that statement. 2. This is a question of law which it is rather ditlicult to solve and which the ^'ovornnient will study. 3. The same grant will be given in the future as in the past. Thus the Premier distinctly stated that it was the intention of the (Jovornment to continue the grants hitherto voted to Superior Education after having paid the sums granted in settlement of the Jesuits' Estates. The answer in each case was clear and explicit, and after stating what had been the yearly revenues of the said Estates since Confederation, the Premier declared that the Government intended to leave that amount in- tact at the disposal of the Council of Public Instruction, but the Com- mittee cannot but see that the matter is entirely left to the will of the Legislature. The power to dispose of the Estates is given to the Lieut.- Governor-in-Council, as above set forth by section C of the Jesuits' Estates Act, and by section 7, the proceeds may be applied for any purpose approved by the Legislature. 8. The Committee are of opinion that the cancellation of tbe Trust must have been due to a misapprehension of the facts of the case. But can a solemn transfer and acceptance of a property, accompanied by a declaration that the revenues of the said property shall bo applied exclusively to a particular use, be cancelled without the consent of all the parties to the compact ? 9. Another question also arises in regard to the Jesuits' Estates Act of 1888. L By the terms of tho Act tlio sum of $400,000 \s granted to the Holy See to bo applied at the disoretion of HiH Holiness the Tope within the I'rovinco of Qncbec, and in addition tlioroto tho r-icMit.-Govornor-in- Coiincil is authori/ed to trannfer to tlio Society of Jcisiis all tho rights of tho Province in and to Laprairie C'omnjon. At the same timo the IJont-Cidvornor-in-Counoil nuiHt pay to tho Pro- testant Committee of tho Council of I'uhlic InHtruction a sura of $(!0,000. But tho Conunittoo must invest the said Hum, and apportion the interest accruing therefrom among tho Protentant institutions of SuiHjrio- Edu- cation, in addition to and in the same manner as any sums now granted hy law for tho i)urpo80 of Superior Education, with the approval of the Jjiout.-(iovernor-in-Council. The Konian Catholic body receive a free grant of $400,000 and La- prairio Common, while the Protestants receive permission to distribute the income arising from the investment of $()0,000 according to tho will of the Lieut.-Governor-in-Council. 10. In conclusion, tho Committee agree that tho whole matter be laid before the Honorable tho Premier of tho Province, with a request that the Government will by legislation restore tho cancelled Trust, and replace the JoHuits' Estates, or the i)roceod8 thereof if sold, as an Investment Fund for Superior Education ; and also re-establish the Sujjerior Education Income Fund, as constituted by the Aci of 1856. (Signed), R. W. Hbnekbk, Acting Chairman.