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I ♦«» ^he terms 6i the original d^patch of the Duke of Port- land in 1797, communicating tne intention of His Mtdestj George HE. to set apart a portion of the Crown Lianas for the purposes of a higher education in Upper Canada, ex- foressiy declare the object of the University Endowment to be for the establishment not of a University, or College, but of Uniyebsities or Colleges, " of Seminaries of a larger and more comprehensive nature," (that is, than the Grammar Schools just before mentioned, ana provided for,") " for the promotion of religious and moral learning, and tne study of the arts and sciences." These are the express terms, let it be remembered, of tie Obiginal Despatch, in conformity with which a grant from the Crown of upwards of 250,000 acres was placed in 1798 at the disposal oi the Frovinciid Legislature as the pub- lic University !lSndowment for Upper Canada, — and they were employed with a far sighted wisdom. In a region of vast extent, the centralization of a higher education, and th6 monopoly of the public means for its diffusion by one local- ity, and for the benefit of a few, are as opposed to the real interests of the country, as they are the very reverse of what was designed by the original grant. mmmgm T^ 2 Nevertheless by the influence of certain parties at the time, to which we need not here further advert, the disposal of this endowment was taken put of the hands of the Provin ■ cial Legislature, and a deed of endowment of the whole 226,000 acres of University Lands (the number of acres having been reduced by exchange for Crown lands more valuable and available at the time),' was obtained in January, 1828, in fevor of King^s College alone, for which a Charter had been granted through the same influence ib the previous year. This proceeding, as well as the Charter itself which was of the most exclusive character, gave universal dissat- isfaction; That Charter was, therefore, after a ten year's struggle, amended to a certain extent by the Provincial Charter of 1837; As the Charter of 1(837, however, made no change in the aj^ropriation of the Endowment, and lefl the manage- ment of the University very much as before, general dissatis- faction still continued. Two Bills were at different periods brought before Parliament for a farther amendment of the Charter. Oheof these was unsuccessful. The other, brought iti by the Hon; Mr. Draper, and which provided for the incor- {loration of the several Chartered Colleges in the Province as integral parts of one Universitj, and for the endowment of each out of the public University Fund, was approved of by all the leading denominations of Upper Canada. It was^ however, interrupted in its course by the abrupt termination of the Session 'of Parliament which preceded the advent of Uie party of the Hon; Mr. Bialdwin to power. A feill was thereafter brought in by Mr. Baldwin him- self in 1849, twelve years after the amended Charter of 1837. That Bill was passed, and changed entirely the Constitution of the University by establishing one University College of Ibronto of a -vmohy secular kind, strictly excluding from within its walls- all divine worshipj or public prayers, but >viding forthe a£&liation to it of the other Chaitered Col- none of which, however, were to receive any portion ot the public endowment, while they were to give up their right of conferring Degrees, and to become merely Theolog- ical CoUeip, or Halls. As might have been foreseen, still greater dissatisfaction, if possible, than before was created by the Act 1849, and none of the other Colleges did aflGiliatc. It was found neces- .T7.Tm 8 Fary, llierefore, to amend that Act by the present University Act ol 1853, brought in by the Hon. Mr. Hincks. By that Act the University is declared to be separate, and distinct from the College of Toronto, or any ether College, and provision is made for the incorporation of other Colleges in the University, and for their receiving a portion of the public University funds for their support. In consequence of the objectionable nature of some of the {)rovisions of the Act 1853 itself, and the means which have )een employed to defeat its intent, none of these objects have been carried into practical effect. Such, however, undoubtedly were the purposes for which it was framed, and passed into a law. This is proved by the testimony of f.*^ least three of the members of the Administration of Mr. Hi.nc , by whom it was brought before the Provincial Parliament,- by the preamble of the Act, which fully declares the desiraKsness of different University Colleges in a growing, and widely extended coun- tiy. — by its express provisions for the separation of the Uni- versity from the College of Toronto, and by the 54th section explicitly recognising the right of the other Chartered Col- leges to a share in the public endowment for the diffusion of a higher education, and providing that the whole surplus funds should be set apart to aid in their support JNay more, in order that there might be as large a surplus as pos- sible for the support of other Colleges, the Faculties of Law and Medicine were abolished in University College, Toronto^ which was thenceforth to consist of only ce Faculty, the Faculty of Arts, — and the sum for bui'ding purposes for Uni- versity College was expressly limited to what was necessary for " improvements " on, or" additions " to the ample build- ings then in existence. In this way, it was naturally expected, that out of a revenue, amounting at that time to nearly £16,000 a year, and which, by the sale of many thousand acres of valuable lands still remaining of the original grant might be yet vastly increased, a very large sum indeed would, after providing for the support of the Faculty of Arts in University College, Toronto, remain over for the support of the other chartered Colleges of the country. If further proof bo necessary of the purpose of the Act in this respect, it is enough to state, that it was be- gun at first in some measure fairl}'', and according to its intention, to be carried into effect, before other evil influences had begun to work and make it a dead letter. Accordingly at the end of the first year after its being passed, notwith- standing the enormous sum even then absoroed by Univer- sity College, Toronto, and the extraordinary payment of a year's salary to the Professors of La\y and Medicine, as a compensation for the 4oing away of these Faculties in Uni: versity College, a surplus of £64:00 was get aside " to be approppated bjr Parliament to the support of other Aca? demical Institutions ;" and there it still remains. The Act of 1853 did not, indeed, take the simple and statesmanlike ground taken in the Bill already alluded to for the settlement of the University question, brought in by the Hon. Mr. Draper, which clearly and explicitly provided for the incorporation of the different Colleges as integral parts of ?ne University, and for the participation of each in the publip Tniyersity Fund, and which, in these its leading features, is^ we are persuaded, the only settlement of the question whicl^ will generally satisfy the country, and effectually promote the wider diffusion of literary and scientific knowledge. The Act of 1855 was very far, therefore, from being a satisfactory settlement ; but, such as it was, it ought certainly to have been faithfully and honestly carried out. It has not, how- ever, been so, and any professional man, any candid person, be he of what profession or persuasion he may, who compares its provisions with its practical working, and with the pro- ceedings of those entrusted with the carrying of it into oper- ation, will say, that it has not been so, and that both the spirit an4 the letter of the law have been violated. 1. In the first place, one of the main objects of the Act ]j^853, as stated in its title, and provided by its enactments, was the separation of the University proper fyom University College, or auj other affiliated College, and in conformity with this its design the Senate at first was composed of pefr sons of eminence of various persuasions and professions, and cpmprised only one Professor of the University College^ Toronto. Now, however, there are in the Sent^te, the govern- ing body of the University, no less than four Professors of that College, and a number of their own graduates, among ihe rest the Principal of Upper Canada College. Four others are Ministers of the Free Church, and Independants, in Tor: onto, whose students receive tuition in the under-graduate plasses free, besides Scholarships at University College, and ^ho, therefore, on all occasions side with its Professors ; and of the others, seven or eight are non-resident, and cannot, if they would, attend the meetings of Senate. The result is, that, the quorum of the Senate bein^ only five, the control of the whole affairs of the University is npw in the hands of Univer- sity College and its Professors. Instead, therefore, of the p^niversity being -vy^hoUy separate and distinpt, as was ex- pressly designed by the Act, the University and University poUege are noyr virtually one and the s^me. 2. The surplus income was by the Act 1853 to be Reserved every year for the support of other Colleges. In the year immediately after the passing of that Act, a sur- plus of X640Q, as has been already mentioned, was set apart for that purpose, and had the funds been faithfully and ecor nomically managed, a still larger amount ought to have ^remained oyer every year fron^ the yearly increasing revenue. No surplus, however, with the exception of jC500 additional, has since been permitted to accrue, out of an average revenue pf upwards of X 15,000 a year, although supporting only a sin- gle Faculty of Arts, and, in order that no such surplus might iaccrue in University College, ^ a system of the most lavish ^nd unwarrantable expenditure has beep resorted to at the instigation of certain Ifrofessors of University College. Nay piore, these professors have openly declared their purpose practically to disregard and defeat the intent of the 54th sec- tion of the \