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The following diagrams illustrate the method: Les cartes, planchaa. tableaux, etc., peuvent dtra filmte i dea taux de rMuction diff Grants. Lorsque le document est trop grand pour fttre reproduit en un seul ciichA. il est f ilmA i partir de I'angia supArieur gauche, de gauche A droite, et de haut en baa, en prenant le nombre d'imegea nteassaire. Les diagrammes suivants illustrent la mAthoda. 1 2 3 1 2 3 4 5 6 \-.J: ■ • . , " ■ .\ ^■'^k. te'Vr"*. ^ ,\\ I DENOMINATIONAL OR Free Christian Schools IN MANITOBA. To the Editor of the .Stamlard. Sir, — While piiMisliinjij: your views on tlie ques- tion of Public Schools, yon kindly expressed the satisfaction you exi)erienced on sc(nng that otiier.s likewise give their opinion on tlio suljoct. Tliis persuades me that you will liberally j^'rant space in vour columns for a. series of a)'ticles T iritend to ])ublish. I regret to have to say, in the iii-st place, that my convictions might be diametrically opposed to yours, nevertheless, T am convinced that, animated with a liberal spirit, and friendly to loyal and frank discussion, you will not be avei^e to fair play, and that you will afford your readers the oppoitunity to tind in your own paper the reasons others have, to not share the opinions you have therein expressed. Articles ably written have treated the subject more leuffthilv and more cleverly than T can venture to ?.'; ( to di), but as they may not have come to the notice of your readtTH, the latter so numerous m the Pro- vince, and yourself, air, will be genernus enough to receive, if not with pleasure, at least with courtesy, the counterpart of your own assertions. Before mentioning the sphere intended for my obser- vations, I beg leave-to take a glance over our actual law of education. The first Parliament of Manitoba during its first session, passed an Act that was sanc- tioned on the 31st of May, 1871. An amend- ment of detail received force of law on the 2l8t of February, 1872. 1 he 8th Maich, 1873, sanction was given to atiieudiueMts so considerable, that the Act enclosing them was styled " The Amended School Act." The second Parliament added to the great amoi>rt of work accomplished during its first session, ''An Act further to amend the Act to es- tablish a system of education in this Province." and on the 14th May, 1875, the twenty-nine clauses of the said Act, veoAved in the name of the Queen, the sanction of the Lieutenant-Governor. Moreover on the 14th February, 1876 His Honor sanc'ioned the forty-five sections of " An Act to amend the School Acts of Manitoba, so as to meet the special requirement of incorporated cities and towns " All this legislation evidently proves that the legislators of Manitoba have been earnestly pre-occupied concerning the question of education to which they have devoted a large share of their labours. The above laws have been enacted, either with C\ )rue to the notice rous m the Pro- er- lus enough to St with coiiftesy, Jrtions. ^ idedforinyobser- 3 over our actual V mitoba during that was sane- An amend- on the 21 at , 1873, Sanction rable, that the The Amended 5nt added to the during its fii-st the Act to es- Province." and -nine clauses of )f the Queen, mor. 876 His Honor f " An Act to so as to meet ted cities and ly proves that een earnestly of education hai-e of their , either with the unaliiniity, or at least, with tlu- majority of the Legislative Council an■ ^^.iKii*fefe,:MtS(«»r5*l islative Asscniihly for ciliicatioiiiil jmr|»osj'.s i.s di- vided in |)r<»|Hii tioii to tin? school population of eaeli section. Tlnrerore tlw; Protestanta luiVH tint hitir, tl)t? i.wo'tlii.ids, the iliree-fourths of the Oovermiient ^'iMut, if they hav»i the half, the two-thirds, t'u; tlntc tnm ths, etc., (»f the* school j)0pu!atir>i). In ji word f/ia Prutt'staut schooKs are enth'cJjf Hiider Ike cutitrol and jurtsdlcliun of Pro- testmits ; th'V receive all the iiioiinv paid by Pro- testants for MSS"^twitlistaiiding the. Province, f the School ;nat the t\5^<> adian ('onfe- diiiMtion haN'' si'|»arat<' .s(;lioi)l.->, and urc satisind wiili th«« sybtt III ; vvhih-, nsjuHiting the riglits of .11. ti lis svsti'in (.UH'iis .1 sv i(h' li.ld to noMo and ;;c neious cn»uhiti(»n, \vhics not pr i)V(! that tin- j-anu* is contrarv to tl in uior<^, tni- lightcneJ spirit of iJu^ present aye." It is siirc^ly ji ndstake to tliink that " the iriuniph of the piiuci pie of Justice" consists in replacing the system adopted liere hy the very ini[n<)porly termed " Un- seetaiia)! piihlic schj nectarum vlew.-i, or j)oUtic(d (iiubi- tion, would ever think of Itringing ahout tin; pro- loosed change, or of fencing it upon their fellow citizHiis. On the event of the Protestiint p(>)»nla- tion not heing satidiitd with the acttial condition of things^ I will take th ^ liherty to I'ospeetfnlly niak(5 the followinii; suifu'estions : 1st , Allow the Catholics to enjoy the liberty you would surely claim, vver<' you in Uieii* place, do not meddle witli their schools, otherwise nor more than you would v/i,sh them to do were they the majority in the Provinces 2nd, If your own school regulations do not meet yo\n- approbation yon can easily bring a rejmedv without agitating ith mi^mM^mm^^fms&mmmmMm:^: . ~ ......v^.Jft,. .•.„;,^-.;v.;-,J ,Xi -.iC* » » i-r ■ II < . :il 'I I , but leavt* to clem* by th«ir our Piovin(M>, and injuring the juHt 8UHo<'{)til)ilitief<| and the conncientiouH convioliuuH of otIieiN. You are uiastfiiK of your own po.sit.ion, make your own schoolH what vou wi^h tht'Ui to h Catholic 8choo)H the rharactHr ht-ld RUpporterH. I have already fully Ktated, and every one known that the ProtestantH have tlx' control of tli»*ir schooi» by t\m actual law ; they teach only what they like, they can leave oH' in th»'ir teaching all that din- f)leaHe8 them, thev <.un if they choowe exclude all iv, igious teaching;, that oouchiiih thoinselves. the law secuies them that right ar>d I do not thifik the Catholics will ever object to it. On the other hand I see neither liberality nor justice on the part of the majority, to endeavor to control the Catholic Schools, or to destroy theii- suitnoniy, in order to govei'n them. — Instead of setting forth an irritat- ing, useless, and ' dangerous question, that has al- rea.ly occasioned such deplorable results even with- in our young Confederation, why do not the friends and advocates of this pretended reform, turn their zeal towards what is naturally, and hy the law under thHr authority ?. If the proposed change be thT> result of divergence of opinion among the different Protestant sects, and if the I&tter agree to it, let the Protestant section of the Board of Ed- ucation accomplish the change in the schools under its control and they will then have ** unsectarian schools " for their children. — If it be the wish ot Protestants, let the Board exclude from their school everything Episcopalian, Presbyterian, Methodist kc, and if they choose all that is Christian, let '%f^\J'^^:Q- ^'r''.*l;^^* >•:'<:» ■'^;> 'u^ I Ife^;- .. •» » N' , .i-N su8f!«'|)til>ilirie«, r otIieiN. Yon mke vonr own ', but leav*' t«> flem- \\y th«ir •fiv on« known of tli»'ir schooln what thf-y like, : u)l that dift- «'xclu«lt' all n» elvf's. the law lot think the the other hand tlie part of the the Catholic ', in order to ill an iiritHt- , that has al- Ita even with- do not the nded reform, \rally, and hy the proposed pinion among le l&ttej' agree Board of Ed- ichools under '* unsectarian the wish ot Q their school n, Methodist hristian, let them make the ex)K*rimHiit in their middt, and in what conceruH them. When a generation will have leaped the fruiiH thereof, and proved by experience rhe etiitii«u«:y *>f the system to secure the moral and iutollectUHl improvement of its partizans, then surely you will have no trouble in obtaining the co-op«ratiou of the Catliolics, who naturally, will be only to happy tc» secuie foi themselvas the bene- tits enjoved l)y othei-s, Z'/tew, hut not till then, peo- ple will see the realization of the hope expressed by the Free Press in its issue of the 25th. August last. *♦ We have little iloubt that the prelates of that (Umrch (Catholic ) will see the wis- dom and justice of complying with publie opinion in a reform that will conduce to the geneial well being of the people." In my opinion the prelates of the Cstholic Church have ihe well being of the people sufficiently at heart to willingly and prompt ly adopt any system of education that experience would prove it them to be tlie most advantageous. 80 far the thing is merely being ventilated in our young Province, and unfortunately the result of the trial elsewhere is fur, veiy far from being satisfactory, so without any uneasiness as to what the prelates of the Catholic Church will say hereaf- ter, I take the liberty, and I do so without hesita- tion, to affirm that the system termed " unsecta- rian public schools" meet with no sympathy on my part, and in order not to appear unreasonable allow nte to say what I think of the system m a''legal, re- li«j;ious, and social point of view. ^:n:^-\:'^ -b , ■P" y^m^.. -'^i:.«!iia*^^v...^i5»ai'i^ii »ir' , r ilj f # rX"j 11 w. I I 1 1 I ; I I \ I I: 8 . • ^ /Vr.v^ — 'I'hk KsTAr.i.isn.MK.NT of '•NoN-SEcTAinAS' StHooLS IN Manitoba, woui.d bk illev.ax.. Tlvi HistquPHt.ion tliat pres^ntH hsolJto the mind in tli(^ !i'!!.ual controversy is this: Has tlie Lijjisla- till')' *,»r "\l;uiiti»l)a power to n'jieHl the present et I ue«- tioMitl hiw!-; Mil 1 toicpla o theiii by asysteui repugnant to tlu minority of tliis Frovii;c<'. I do not hesi- tate ill sayiuic that our le^ishiture lias to such pow- er. Tilt' minority of llie Province having ritrhts or [nivileiiHS ac(juij-( d and acknowledged, snch rights ih or pi'iv iiv^Lfis ai'e under the sjtte o-nard oi a suj eiior authoiily. and (*ons« quently, the pov.<'r of t lie legis lative Assembly ot M;i(iitol)a d'^s not extend so far as to viohite sueh riglits oi- prix i.eijes. Any law enacted in tlie above sens()\Aer, the superior au- thority has the ulsliijatioti to disconntenance such proceedings, and to grant to those who are unjutit- Iv dealt with, the ])rotection to which thev aie en- titled bv the laws that sfovein them. Leiiislature independence, warranted to the different Provinces of the Canadian confederation, is justly precious to every Canadian, and surely no one should act in a "; , :f i§Lgf;4MpL»ua^-j^riJi^ 'f 71 9 wax to diminish sucli an iinportant |>rele institutions that govern th.^ country, should the protection to which they have a right, he in their estimation, inferior to the freedom tliey enjoy. The theory of absolute pow r vested in the Pro- vincial Legislature in all cases, is entirely inadniis- sable, as the Imperial Acts that established such legislature have limited their action in a clear and precise manner. It is obvious tliat the question of education is among those on whicli it is nof. lawful to enact without certain restrictions. Before proceeding any further on the matter, I wish to review the objection that has been impro- perly raised as baped on the sub-section of section 92 of "The British North American Act, 1867." To invoke the said gub-clause as a proof tliat each province has an entire, absolute an-^ unrestrained power relative to education, denote a very superficial study of the Act itself. "The British North American Act " classifies the matters of which it treats under XI titles, within XT principal divi- sh '-1 P'^'jii ^„^ — sL m iiiiiiMHiilMPii'wny*^^ -.IX'-.-'^' -''-f' '-■'■';'*" 'i^^r^- ig". li V I t k d/ ■I' Si ■ 10 sioiis, some of which are subdivided. The follow- ing synoptic table of matters contained in the said Act, will show at riist sight, the futility of the ob- jection I combat : BRITISH NORTH AMERICA ACT, 1867. > Kenuirks. I. Prolijninary. II. Union- Ill. Executive Power. IV. LHgisliiti\'t* Power. — The Senate ; The House of Commons. 1. Ontario. 2. Quebec. 3, I Nova Scotia. 4. New Brunswick. Money votes. Royal assent. Piovincial Consti- Exe.:;ntive Power. V. tutions. gislative Power. 1 , tario. 2. Quebec. Ontario and Quebec. Nova Scotia and Le On- 3. 4. New Distribution of Legislative Powers. Brunswick. 5. Ontario, Quebec and Nova Scotia. 6. The four Provinces. VI. Distribution of * Powers of Parliament. Ex- clusive Powers of Provinci- al Legislature. Education. Uniformity of Laws in Ontario, Nova Scotia, anil New Brunswick. Agri- culture and Immigration. VII. Judicature. VIII. Revenues, Debts, Assets, Taxation. T^ ■i^#- ACT. 1867. I 11 fX. MiseellaiieouH Provi.sii>ii8 — (ieneral, Ontario aii(!i\isions of the " British North America Act." It is ceitaicly an elemental y lule of interpretation to say that, when HU Act has divi.sifijs under eeitaiii titles, tiie vow words used as titles of tlje divisions when fnipluyed in any section of the said Act, nieiin tlie matters contained in the division to wliich such words are pre.Hxed as title, 'therefore the words ' Constitu- tion of the Province^'' used in the clause 92, must necessarily refer to what, and to nothing but to what is contained within the division V under the title Provincial Constitution,^. The clause 92 belongs to division VI, and its tirst sub-section reads as follows : 1. •' The Amend- ment from time to time notwithstanding i.nything in this Act of tlie Constitution of the Province, ex- cept as regards the office of Lieutenant-lToveruor." One must close his eyes to the evidence and to the clearest and most natural sense of the words not to i-ead in the above mentioned sub-section the very title of the division V. *' Piovincial Constitutions." And the division V being the only part of the Act that fixes the Provincial Constitutions, is the only part of the said act referred to, by the said sub-sec- tion of the clause 92, On the contrary '* Educa- tion "being neitherCo/istitutionofthe Province, nor even mentioned in the division V cannot be aimed at by the sub-section which now occupies me, and >- '*i 12 which treats only of HrnemlrrK^uts of theOonsfAtutiot.S of the Province. The Diviaion VI of our "British Norrh America Act" shew« till' diKt»il)ntion of legislative powers and detenriines the linnts of tho Federal as well as of the Provincial Logi.slaturcs,indieating to the one as well as to tho oilioi-s. what is, and what in not suhject to the one at is not 93 which ducation" s well as I Legisla- « matters ile " Pro- clause 92 5 it would with the t the Im- t to the mnot be A-ct " has it ti-eats ive room )3, while legisla- to edu- ch laws ivisions " ys that 'ch legal nefit, or if ytm like t\n'. word better, tlic restraint indicated bv the said subsections. Knougli for the oV)jection. What now I'eniains for me to examine, are the limiis thut the Imperial Act sot to the powers of the Hxrcudvo and J^egishitive authorities of the Province (.f Manitoba in relation to the educational laws '• affecting any rights or privilngcs of the Pro- testant oi- Roman Catholic min 'lity of the Queen's subjects in this Province. No body I am sure will arial Act 34 and 35 Victoria Chapter XXVIII cited as the British North America Act 1871 " was [)assed to validate the Manitoba Act and protect the rights confe;rred thereby. Follow certjim clauses of the Imjterial Act last mentioned : ■ ■' •yj ^mmmtrnmry^ ■ my- ■ -7^:^'' .■:::''ii^^ ■ f ■■-"i''^- '■' -ii- ^}^-f*f'^'l^'' "TT"-*^ r-.T^s***. l**»»»»V«»*'* V- . 14 %i ' (3.) •* Tlic Parliaiiioiit of t!,uiiui;i may from time to time with \hv L';>ii.-;..'Mt of t'l! TiC'gisl.aturc of ;niy iVoviiice of tho 8ai(l Doiuinioii iitcroast', ';■ diminutioii, •>r alttjration r)f 'J'errit('>iy ill re!a*:i'int(> any pMvin';e atf'ec'O':'! therehy." 5. " '! In; f.il'owiii;' A ct^ p.tsj-L'd by the H-iid l';nvKi.rnent of <'{inii(l;i, and enliile-i rep :ctiveiy, "An At t for the 'IVmpoiary (.ovi.-rnnieJit ni llnpf-rt's Land au-l the North- weHt Teviitory. wh* n ntiitt-d with Cmnda,' and • Ati Act to amend an-l i(HJl",imnj t'le \et. A'. Mini IV^ V^i;t>ria ehap. 3, and til e>5ta1)}ish and ]>i"<>v'i a; for t!i • 'Joverument of tht? ProviiK'e of AJanitoi)n..' shall bo and i»e tleemed to have been vaii,r a;i it re ates to the Province of Maniloba, or of an/ oth'.r Act her;aft>:'r e>-tal)lisbing new Provinces in the 8aid Dominion, subject always to the right of the Legislature ot the Province of Manitoba, to jJter from time to time tho provisions of any law res- pecting the qualiticatioii '-f electors and members of the Legislative Assembly, and to make laws respecting idec- tiona in the said Province " I have mado tlii^ lengthy quotation, in order to prove that the so-called Act of Manitol)a is on tht; same footing with the " Act of British North Ame- rica, i8()7," consequently, the Federal Parliament can alter nothing relative to education, either in the one or the other of these Acts ; and the Lc^is lature of Manitoba cannot over-ride the limits as- RijEtned to it by the same laws. Let us see at ])resent what guarantee the same Acts give to the Catholic ~T1 15 inino'ifcv <>f the I'roviiKv of MMiiirol)M a^'iiijist rhi" fiule.ivors to d -jn iv* in of its scjKir.Mo schools, Wy suhstitutiiijij; for lilt' actiiil l.;w,s a syMteiii vvs in Ih'.) '■ Bri;i>h Norfcli Aiticr- ca Act, 1807" : •)3. " III ;iuhdl be and the samn are Ueiehy extended to the Dissentient iSchoola of the Qie.iu's! Pro*-.esbinb autl Ivoiuau (,' it'iolic subjects in Quebec. (8.) 'Wherein any Proviaoe a system of separate or dissejitit'ut schools exists by law at the union, ov is there- after estat)lishod by the Le^^islature <»f tlie Province, an appeal shall lie to the tJovernor (Jcucral in Couueil, from any Act or Deei«ion of a'ly Provincial authority affecting any rii/hh or privilege of the Protestant or Roman (/atho- lic Ministry of the Queen's subjects in relation to Educa- tion." (4 ) "In ease any such Provincial btw as from time to time seem to tho Governor-(Teneral in Council, requi- site for the due execution of the provirsious of this section is not made, or in any case any decision of the Movernor-r Ut neralin Council, or any appeal under this section is not duly ex..euted by the proper Provincial authority in that behalf then ami in every such ciae and aa far only as the circumstances of each case require, the Parliament of Ca- nada may make remedial laws for the provisions of this section, and of any decision of the )i-»M| upon tlio F*n»vimM>il l^uisljitiifo by tliis section 9H Mmy l>o l*'ss«iif*(l l>y its four siih-st'ctions or \n soiiif' of tlurn, as the case 1UM\ l»e. TliH first siij'-aection bciiiij liable to (bffereiit in- terprvtiitioiis, 1 a'^avo to tike no a section \nnu\x exclusively for the Provitu;es of Ontario ;md Quebec a e in no way ap |)lic.ibl(» to Manibobi, exc^cj^t p.-iliaps to aid in con- vincing the envniies of our system of education, that the House of (.'ouunons iv. HJu^laiul, the Lords Spiritual and Tein|)oral of the United Kingdom, and Our Most Gracious Sovcr(?i;^-n herself are of opinion that the Provinci s of the Canadian confed- eration mav havf separate or dissentient schools without impeding the " triumph of the principle of justice," and without moving too far " from the more enlightened spirit of the age," otherwise they Would not have enacted such legislation. The thini sub-section suifices by itself lo baffle any attempt contrary to tlio ftindamental princi- ples of the School Law of Manitoba. People may say what they like for or against the system, but nobody can deny its existence. Yes, every one knows that a *' system of separate or dissentient schools exists by law in the Province of Manitoba, and that all our schools are either Protestant or Catholic, and such system has been •'established by the Legislature of the Provine," this is a right or privilege acquired by the Catholics siV"\<- '■ ■■^^' ('■ Provirunul as tlie case ft'eiviit in- i'l*) of it, ; ciMim. 1 ; OatholicH fly (or the lo way ap- aid ill con- latioii, that tlifj Lords Kii)gcloni, elf live of ail eoiifed- nt scIiooIh sition8 of section {)?t. to prescribe th^• remedy to sucli an abuse of j)ower, and if after all thnt th(» Legislature of Qitebrc did not hasten the enaction of the reme- dial law, the Parliatnent ot Cnniula would not be fijh)w in so doiufi:, and such would be its dutv. The Catholic majority of QueViec vvill n>'vercom- jnit such a fault, nor dream of such an injustice to- the Protestant minoritv, why then shouhl the Pro- tt sfant majority of \FaMitol»a be suspected of hav- ing such a dis|)osition towards tht' Catholic mi- nority in its rtiidst] In a country like ours when all citizens enjoy equal rights, there cannot be two Weights and two measures. What the Pri>testant minority in Quebec is entif tied to, the Catholic minoritv of Manitoba is equal- ly entitled to. What would be unjust, sectarian illegal and unconstitutional on the part of theCath- I i 19 olic inajoritv of Quebec, is eqinilly mijust, soctiri- aii, illojLfMl iUiil uiKonstitutioiial on the part of the Proti'stiiiit luajority of Afunitoha, or latlirr on tlic ffurt of thane who wish to prepdre mid exciic. tlie luajoi'ity to depait from the patli of justioi^ ami Ii 'iior. Should any one be inclined to think that the '• British North Anieriei Act 1807 " applicH merely to the fonr Piovinces orii,dnaily unittMl by tlie Haid Act and not at all to the Province of Manitoba, that was (stablished and admitted into the Oonfed- •'ration four years later ; I would invite liim to peruse the second section of the " Manitoba Act " that r^'ads as follows : (2 ) "On, from and after the said day ( n which the or- •ler of the Queen in Coan.ii shall t«ke efl'eot as afortfaid the provisions of the ' British North America Act I8<»7 ' shall, except these parts thereof which are in terms made, orbv reasonable intendment miy be held to he s])ecial!y applicaUe to, or only to effect one or more but not the whole of ihe Province now composing the Dominion, and except so far as the same may l»e varied by this Act, be applicable to the Province of M'uiitol>a, \h the same way, and to tlie like extent as they apply to the several Provinces of Ca/)a'la, and as if the Province of Manitoba, had been one of the Provinces originally united by the said Act." Doubtless the altove S''ction is too clear and rx- plicit to need comment, it of course prrvents the appliiation to Manitoba, of the second sub-clau.seof clause 93 (if the '• Rritiaii North America Act" that refers exclusively to (Jnttirio and Quebec ; but on the other hand, it applies to Manitoba, the other tlispositioiis of the " Britisn North America Act'' in relation to edu.iation.amlconse^ue itly lessens tho ?,.v"}'.(ii.,;tit^-;;';^, -■- ■ f v^;,.»^;,>\*ift5*ifS5sftt¥ '^^^4^ ' •^^ ■* M > _TJ"J. »!■■■ nm n 20 pONver of the Ije^nHlHtun* of Miiniiolia, giveH right of ttppe^al to th«* iiiinonty hindn the (lovHriiorGeiie- ral, to reiiipdv tl»« evil, mikI in cA'^e of neceHHi^v an- thori/»*8 th** ( ■iouulian Pailinw'Mt to enforce by re- medieal law.s the ii of tlie Governor fTPiiernl uppon Hu h Mppcal. It cannot I)h ohje'^ted that the Province of Man- itoba in not entith^d to the di8|>osition8 of the " Brit ish North America Act" relative to Kdiication, h(* cauRe the Act of Manitoba enacted subsi-qnently on the Name subject. Such pretension ia quite inpd- iniRHable.it would la* equally true toHav that the Gtii clause of the " Manitoba Act" relative to the Lieu- tenant Governor being identically the fame as the 58th section of the '* British North America Act ** all the diH))08itious of the latter relative. to the Lieii- tenant (Joveruors of the different Provinces do not apply to the liieutenant Governor of Manitoba. The disponitions of one law cannot annul the dispositions of the other except when cont» adictory ; but such cannot occni when both Acts say the same thing, or when the one amplifies on the con- tents of the othi'r. " . '"' . '■' The relation between the two Acts in question is as follows : The 93rd section of the " British NTorth An) erica Act" recognizes the power of the Provincial Legislatures to pass laws relative to education, l)Ut subject to the disponitions mentioned in its subsections, and that, I repeat, is the law in Manitoba as well as in other Provinces, while the 22nd section of the Manitoba Act recognizes to the Legislature of this Province the power to [)ass laws relative to education, but subject to the dispositions ^4§&mi^ 9\ m»nti«>iu'«l //* its oWH itnb i^i^rfivvs ; ami |»IraM* oli- Hcivt* that tlie!»<' ).-ist di><|>in fxtension arul «le\ « lojmient of th« Rxnw', conHrquently hoth Aotn coueiir in j»rant- iiitf |»rotection to theC/atholio minority of Manitoho, and jn>tify th»* asHi-rtion that the minority of the Prairie Province is hetti-r Haf.-j^uarded than that of the ohl ProvincPH. The fact ia ohvions to anv one tlmt taken thn troiihh^ to read the 22nd chinse of tlie Manitoba Act, whih' iieunn^ in mind that the paid Act has all the force of an Im|»erial Ac«. '^2. '* In and foi the Province, the said Le^'ishitiire uiay •xchisively make hiws In relation to education, suhjeet and Hc 'ordin){ to th .^Ti 6 oo In penising the abov^o section it is easy to ob- serve its losemblsince witli the 93i(l section of the " British North America Act." What now re- mains to (liscei'n is the ilijj'erent tcordings of tlie two hiws. and then decide if the difference tends to diminish or to amplify, on the gnarantee of pio tectioii given to the minority of Manitoba. The ditfen lice is as lollows : Act of ]8>i7. y.T In and for each Pro- viNCR the Legislature . . . (1.) iV^othiiig in any such Law shall prejr(ictief\ By the Act of 1867 an appeal shall lie to the Governor-General in Council, huf so/eJtj rrhena st/s- tem of fieparote schools exhts by law ; while the Manitoba Act authorizes the same appeal in any case affectiyig any riyht or privilege even tvithovt a systerii of education previously esUblished by law. The Manitoba Act extending and anplifying the protection, lessens in the same proportion the power of tlie Provincial Legislature on the subject. T am not the onlv one that views the matter in this light, but among other testimony in corroboration, 1 could submit the appreciation of three important newspaf)ers of the Province of Ontario, the ^'Toronto Daily Crlobe,^^ the " Ottawa Free Press" and the " Hamilton Even ivy Times." 1. The Toronto Daily Globe. This paper had at first countenanced the movement hostile to Denom- inational Schools of Manitoba. Mature considera- tion of the subject, and sense of justice subsequent- ly [trevailed, as it a])pears in the issue of 27th No- vehiber, 1876, of which I give the following ex- tracts : (i *.£ "^ *•• ^ Tt ?i -'' - * "^ J *** ' ■'" -"^ *F .^^rt* ■'■•'* ■*" •T* 24 ; prnur kducation in Manitoba. •'Wu noticed recently the movement in Manitoba liaving for its object the reform or improvement of the Pnblic School law of that Province, an<1 referrele of the Prairie frovince looks ostensibly to the foUoMiug objtctf*, vi«. : the abolition of the jtrestnt Board of Educa- tion nnd the establishment ot a nonsectOtrian syhtem, i-om- pulsory use of Engljsh text-books id the school'*, all public schools to be Kubjet t^ to the same regulations ; the ajij oint- ment of insptctovs; establishment of a training school for teachers, and a new plan for the allotment scLool moneyp. Tliis means, in short, the total aboiitiou of the separate school system, and lons'idering the nature of the subject, and the delicate character of the interests aiffect- ed, it appeal s to us that it would be the wiser course on the part of our Tonmto contempora,ry to leave the agita- tion to those more immediately interested. The oiily possible result can be to stir up sectarian strife and heart burnings such as unhappily prevail in New Brunswick, and which are most undesirible ele- ments to introduce in a young and growing community cmprising a mixed population, both as to language and rilig'on. It is an agitation that could not fail to be attended with a considerable degree of asperity, trt nchiii^ upon daiiger- ous ground, which it would be well to avoid and which it is no part of the duty of the people or jpurnals m this part of the Dominion to assist in bringing about. The discussion is moie injudicious, as there is no possl sible means of attaining the object sought professedly by this agitation, The Manitoba Act under whpi^e authori- ty separate sphoolji exist in that Province,, 3Jid which forms a portion of the cohstitutioia of the c«juntry, was by Imperial Act established beyond tlie power of the Parlia- ment of the Dominion or Legislature of the Province to alter. . " ■ . -i. j ■ ■ :■ ... . ( -l • ■•,. ■- .s ■■>.■■ i »%*».■*«' .-. - '''#■'*' 4 :ii;i:1:i^^%T.T\•ointed ont before, the agitation of the subject and especially its agitati»»n from outside the Province, can lead to no result so far as its profes- sed object is concjerned, while it may l>e productive, of very undesirable results, by stirring up sectarian strife, dis- cord, producing irritation and treat inju' heartburninus and animosities which would disturb th»^ harmony and might seriously injure the welfare of the Province." 3. The tfamilton Kvemwj Times. Tho }t!)Ov« ar- ticde of the " Fre.e, Pres,<" and that of the Gluhe which it combats sngsfesfed the foilowiug rciuaiks which I read in the Htimilton Evening Tiiues of the gsh Dec. 1876 : '^TheGlohe is urging that the schools in Manitoba should be m;ide unsectarian, while the Ottawa Free Prens shows vtiy clearly that it is impossible that they would be so made without Lnperial Legislation. Manitoba has, if anything, a stronger Imperial guirante for the continuance of its separate schools tlian the older Provinces, fo that the discussion in Manitoba of the question raisetl by the Globe can only do mischief without any possiltility of good re- sults jf any kind arrising. The example of Ontario proves that it would be a good thing if all the I'rovince had sep- arate schools, and it is most certainly an unmingkd evil to raise an agitation to take them from Provinces that al- reaily have them, moreesjiecially, if those who agitate for this ean only have the agitation for thefr piins." The three above joiiTnals, together with many others, some of which, althoui^h hostile to separate sclioois, are of my opinion that the establish nient in Manitoba of a system of education opposed to that, now existing is impossible. The antagonists of the Catholic schools of our Province feel encouraged in their endeavours to 27 oveitbrow tliein, because the "Coinuion School Act, 1871," of Nt'w Brunswick was not disallowed, and that, as yet, the Catholics of that Province have to abide by it. Evidently, prejudice blindfolds, other- wise it is imj; ssibie to not see the essential dif- ereru'e between the position of the Catholics of Mrinitoba in 1877, and that of their co-religionists of New Brunswick in 1871. All the aryuments employed a'j^ainst the Catholics of New Brunswick and thn lejiul opinions adverse to them, may be resuuied as ft d lows: the law having conferred no right or fjrivilege to the Catholics be/ore or after the Uftio)!, they do not enjoy that of Appeal, consequently the Lei/islature oj Aeiv Jh'unsuick has an open Jield for legislation on education. Even with the supposition that this opinion be correct, who can fail to discover that it is impossi- ble to a))ply it to Manitoba, the position being en- tirely diffeient. New Brunswick had no law establishing se- parate schools, while, on the contrary, Manitoba has laws establishing them. The privileges enjoyed by the Catholics of New Brunswick were not con- ferred by law ; in Manitoba it is the law that con- fers on Catholics the rights and j)rivileges they enjoy. The sub-sections of section 93 having no application in New Brunswick, the Imperial Act did not in any way restrict the powers of the Le- gislatui e of that Province in the enactment of its etlueational laws, nor grant to the minority the right of Appeal, while the 3rd and 4th sub-sections having their entire application in Manitoba, the Imperial Act lessens in as much the right of Ap- „_„«,., \:f^ ,W^^i' ■f ■ 4 , .••^,.riiftr:2%j«r;x.^*s»je«-J3»'« i'' I i • 28 pHil. In a word, as lont; as yes wil! not mean no atiil no ineaii i/e^, tlie :irgum*»nt8 hron<]ryit aijainat tiie OatholicH of Vew Pnniswick have all tht'ir force ill favor of the Catholics of Manitoba; and that, let it he rememb-*r -d, even without considering anythinif else than the British North America Act, and adoptinjj the interpretation of th^^ sime Af^t hs jfiven by those who placed the C itholics of New Brnnswick in the situation thev so relnctantlv un- der<;o. The impossibility to abolish separate schools in 'Mafiitobii becomes still mote apparent when, after examiniuiif the Act of 18G7, we re-consider th^it of ^1870. By the latter, which is that of Manitoba, ■ it is not necessary, as already shewn, that the rights . or j>rivileges enjoyed by the n)i!^ority be conferred bff the law; it snlfices that they be so bi/ practice. This last word alone, had it been found "in the Act of 1867, would have safeguarded the Catholics of ^ew Brunswick. . By the Act of 1870, the right of Appeal is not, as in the Act of 1867, subject to the condition of the pre-existene of a system of separate or dissev- tient schools estabi'shed by law. No, by the Act of ' 1870 there is always room forAppeal^ from any violation of right, even without tJw pre-establishment by law of a system of Denominational schools ; for it nijiist be observed that tlie clause cloes not determine ^wHat must he the origin of such rij^ht; it suffices that tliey have been and are enjoyed either by law, ' bv practice, bv treaties, or in fiuv way whatsoever. , AVi^ljout hrtving ever been in the councils of those who drew up the law of 1870, it is easy to 2?. see why tlie same Act in its section 22 re|»pat».-, while niodifyini? it, the snctHn 93 of the Act rf 1867. Thn storm that hr«»ke out in Nvw BruiiR- wick in 1871 lianfederatitin noticed that they luul involimtHii^v left an oniisvsion in the law ot 1867, relative t" edncation ; and in order to not expose the Province of Manitoba to the dirticulties they foresaw, l»nt too htte, for New Brunswick, they resolved to comjdete the Act of 1867 by that of 1870. 'I'his explains how the two Acts differ while resembling each other. Whatever may hj^ve V)een he niotive of this dou- ble legislature on the same subject, both Acts ex- ist ; they both safeguard the minority, and come to paralyze any effort made to depiive it of its ac- ipiired rights. I had just tinished what precedes when 1 receiv- ed the *' />«?Vfy /'rf?e /V««» " of the 19lh January. 1877, in which I tirid that the Protestant section of the Bom rd of Education had assembled on the eve. [at Winnipeg, and that an Executive Conimittee of jthe same liad submitted the draft of a bill, which jthey were instructed to prepare by a r« solution jfiassed Oct. 14th, last. / In November, 1876, the ''Toronto Globe/' had already disclosed tlie mystery, and made known to tht» jmblic in Ontario what hatl been withheld from I he public in Manitoba, notwithstanding the pecii- liar interest the latter should t*ike in transactions ths«t concern themselves alone. The ujeasure proposed and now published by the Votestant Section of^ the Board of Education«is, ■«'Mt»*-«---^'--; mfmm y '■ ■•.•■■ p — ■ 'V.jiM'w -»,-•» '•..'•^ a5r'i 30 as it appears, based on nine points of wliich the two principal are, " The estaUlishuieut of a purely non- sectarian system ofpiililic schools," an«l ''the aboli- tion of the Board of Kduc.ition in its present sec- tional character, and tlie appointment of a new Board without sections." In the piiecedin^ pHges I h-iveo[)posi'd the scheme in question, but 1 must confess that I opposed it without bein«^ either able or willing to believe that it had been formed by a Board includinjL^ iue?i of learning, high standing in society and desi'rvedly enjoying respect and esteem. . I did not think that a j)lan Vjearing such a taint of ille^^ality could be the fact of a Board established by the law and acting officially in its name. The few details furnished by the press coiicern- ing the meeting of the 19th inst.. ha e a signifi- cance that will escape no one. The Protestant section of the Board is composed of twelve members, only Jive were present, and on- of them could not repair from observing that he " considered the presence of only five members when so imj)ortant a matter was to come into con- sideration as very discouiaging." " The Keverend President and the Keverei;d Secretary expiessed a doubt as to the pe j^ivcu later. F«r my ]iart, T must Just now, keep M-ithin the hounds of the leii:al question. Tarn quite convinced, and I think r have proved, that the law is contrary to tlie pro])os;ed chanfje, ami 1 have not the slightest douht tliat the T.ecfi'^lative and Executive authoiities whose c^ufl lined actiori is r'equesite to the )»as8}\ge and enforcements of our statutes, will stand to their ective sections. This is not at all umisuui. and is exem- plifittd in numerous wganizations, Uinong others in the case of certain imiversities that have their Sen- ate, and besides that, distinct Pacultif'S enjoyiny; complete indej)endence amon;,' themselves, and even with rejjard to thoir S<^nate except in matt»Ta con- cerning the general orgai. i .-ition. I fail to become convimced that it needs an nw usual amount of intelligence to detect ftie diffnrence that exists between the duties of the (jren^-ral Board and those of the Sectional Boards ; no more than that it needs an extraordinary amount of good wil? to allow these different Boards to'act side by sMh- without encroach nmnt or uneasiness. '* One must have^iver studied our law of educa- tion, or else faintly endeavoi'etl to penetrate its op eration, to say that : " under the present law we have virtually two systeiris covering the sam*^ ground, which are both impractical and ineffici- ent." We have hut one »if stem oj education^ which likf* all othier organ izaticms, at the while, Legislativt" r «i* •■• fm »» •ti^'^m' ^glu^ A of til" ,<» eacli of Mratlmt of ly tbe duty nanaf/einent nations. iial Bojiivis respectivH n\ is exoin- u otlieiH ill e their St'ii- .>« enjoying es, and «5ven irtttt'ia con- ■■■; • 1 > • leeds ail n\\ te .liffHi'enew pn»^ ml Board nioiv than of good wiir sidt* V>y sit <*< »,(li(ion nv;is donr Hwav Nvitli, ill tlic occmremc \ lak«' ohjtctiui lo. What was considficd in tlu- inccling ol tlic 10th Inst., is undoiihtedly a question cf tj''i(t red inn rest in (nlucation, ilicrcfnic acctnliu-; t<» tlic s-jiiiit and even to the Icttoi' of law, Ixci \\\r> the juoVinu' of oui (jenend Jiotrrd. To ti^at sncli (un .'-tion o\ i(('7t(ral lidercst in a Scrtio/nd Hoard is to make little of it, und to I'odueo it to tht; |)ioj)oi'tic>n of a dtnoniina tional 01' rather of a Sootarian ohject. Since members of the Board of IMucation tliought pi'oper to agitate a qnestion of sucli magnitnde and universal interest, why did they not bring it before the (reneral Board ] Would it be, perchance, that feeling the proposed change to be so oflensive to Catholics it was thought more advisable to work unilerhand, and to not even mention the object in view to the nine Catholic members of the board ] If on the contrary the intended schenu was sup- ported by good and solid reasons, itsanthois should have been glad to make it known to their Catholic colleagues. Reason is always at liome among sen- ^•ible jK'ople. Who knows but that the Catholics themselves might have something reasonable to say on the subject 1 It is with the strike of ideas, as f»s^ :u wif.l) that f>t fliiilH ; it iiiuy j;iv«' li«;lit, aii'l Huch li^^ht MS iiiiiv soiiM'Miiuvs iiiodifv opiiiinns. Tliis whh thi* • !iH»f wirJi ilic Tui»)iiti) (ilolh; in tli<' month of Nov- cmiIm'i-, a'Iu'm iirit'i'o\|U't»s.sini( its vi«!WH it favor of tlu; |)l.iti SDuii jift"!- )iliiv. It svius t'(Mi.si4('i'(je(;t. ; Still mojt', Protestants have the majority in the Board ; even witli the .su|»|»ositiui), althongh sucli a<;einw im}»ijssil»l(!, tiiat they had no good reasons in support of tijeir views, or that the Catholics had none t > ojtpOM- to tlit'in ; or wJiat is hettvr still, that th'^ con\icfion.s on t>oth sides are so fiom that it would be useless to attempt to modify them, th«^ advantage was still siding with the niimher ; and as twelve exceed nine, if the twelve he as imani mous as the nine, they wouKl have carried the nu;asiire in the (general ]»oard. Had the whole transaction h.^en conducted in that way, the liieasure would appear to me equally Wet/cd in itself ; hut 1 could not, an'"^//, tlnMi;^li t.\n'y tuny I'Liini till' riyflit to <'Xiiiiiin(' it (ts indiriihuilx, and ?lii'V dci'i'U'd III tlif iiuiif t(Ni( 1 of 1 U\l fh HymjLi; ih< tuxcic^'x n h ihuf'f oin if< or fh 'h-lHSt h'Cft lis t(> til'' (.'liMiijL^j's that iiii^^ht satisfv iho.sc tlnit nrr xaifl to In- dissatisHrd with tlic actual man .i;;('iiu'nt of their schools, why do thoy endeavor to throw on the Citholic section the respoiiKiWility that (loi'S no! l)eloii«r lo jt, niid that in iiMtters which l>y the uctwai law, aie luiyoiid its coiitr<»l ? What a <|Uerr id(»a to faiuy that all that i.ssaid a^'diist the adiniiiisi ration of schools will lie st.^' It is woids as with diions, th<^ emptiest aie the most sonorous, and cicp, venm. Kei'okk is spoken of. and irifh ihctbixj^ vnrif hitj lOon/, it is t!iou<;ht thatti e popnhition is to lie startled, that the ]Mem- Ic'is of the l.e;j;islature will he in/hn'ncoii b// the t'i'ar of /(>^iii(j flifir xeiifs ntly this last i"sult, tlR)u;(h not piot'fssediv. is ill r(nilitv tiie sole ohiect in view. In the name of tile law and of justice let me be |»'iinitt''d to make an appeal to the good sense of thi' Pnitestant population and to the Members that repicsi'nt it in the IjCgislative Assembly, to beg <>i \\\>'\v. not to toi\'ot tliat the section of the Board * , ■•^■'^•^w*^^^'**fflfrT«pi(ll L -J3;--r.^=^-' '-■.r".r~;;!3n^rT-\cr.3^v.»'"?iVfc^Vifi,i-^«i'if^'"^rar^< 3t; thai <-Xclusively govctiis their .schools lias the? righf. to do by itHoir, and f\»r tlicin, all that is necessary for their good adiniuisf ration, and that tli(» re- form spcik^-n of is. nieiely in >iew to injure Oatho- lie scliools. Tlie new sclu me ail'ords no ww facili- ty for th', s'uccess of Proff.8litnt schools, whih^ it wonld .lar*ie!y inip-Hle that of the Catholic schools. Al)Ove all, th(^ scheme that is intended is illegal in itself, aii'.l in the inKnner it has been prepand by the sectional Board. I sav the sectional Boai'd, notwitlistandintj mv convictions that there are men in that Board wor- itliy of my respect, and animated with such broa(l views that they woidd not wilfully mingle in a manu3uvre so narrow and unworthy of them. I' I ( . Tt^S^rVt:^: WW" "^^^^^'''^''^mf^'^imirmmK^^t^^^mmmmmim 5;:7vv: