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ON THE 8VBJECT OP THK L A ]« D S SET APART EY ^is laU ittost (S^raciotts ittajcsta, liing (©wrge tljc ®l)irb. FOR THE puiiPOSE OF schools; TOGETHER WITH SUNDRY DESPATCHES AND DOCUMENTS RELATIVE TO THE SAME SUBJECT. Montreal: PRINTED BY DESB/VRATS & DERBISHIRE, Printers to the Queen's Most Excellent Majesty, 1845 1\ Add Exc havi sun Sch I this rec( resc Toi I Mc Ad { cire PROCEEDINGS ON SCHOOL L A rv D S HOaSE OF ASSEMBLY, Thursday J January 20, 1831. Ml'. Morris gives notice that he will move, to-morrow, for an Address to His Excellency the Lieutenant Governor, requesting His Excellency to lay before this House, copies of all documents, which have been received from His Majesty's Government, authorising the survey, reservation and sale, of certain townships of land, called School Townships* Friday i January 21, 1831. A<*reeably to notice, Mr. Morris, seconded by Mr. A. Eraser, moves that an Address be presented to His Excel'-jncy the Lieutenant Governor, praying that His Excellency may be pleased to lay before this House copies of such documents as may at any time have been received from His Majesty^s Government, authorising the survey, reservation, sale and appropriation of certain townships called School Townships* Ordered. Mr. Morris, seconded by Mr. A. Eraser, moves that Messrs. McMartin and Clarke be a Committee to draft and report the saif* Address. Ordered. Mr. McMARttN, from the Committee appointed to draft an Ad- dress to His Excellency the Lieutenant Governor for documents rela- 1 ♦ live to School Reserve Townships, reported a draft, which was received and read twice, adopted, and ordered to be engrossed and read a third time this day. Agreeably to the order of tlie day, the Address to His Excellency 4br information relative to lands reserved for school purposes, was read the third time, passed and signed, and is as follows:— ~ To His Excellency Sir Jqhn Colbornf*, Knight Com- mander of the Most Honorable Military Order of the Bathj Lieutenant Governor of the Province of Upper Canada, Major General Commanding His Majesty's Forces therein, &c. &c. &c. Mat it please Yqur Excellency, We, His Majesty's dutiful and loyal subjects, the Commons of Upper Canada, in Provincial Parliament assembled, most respectfully request that Your Excellency may be pleased to communicate to this House, copies of all suob documents as Your Excellency may be pos- sessed of, which authorise the survey, reservation^ sale or appropria- tion of certain lands in ihh Province, called School Townslups. ARCHD. McLE/N, Speaker, Commons House of Assemhli/y 21 5^ day of January y 183K Mr. A. Eraser, seconded by Mr. Clarke, moves that Messrs. Morris and McMartin be a Committee to wait on His Excellency the Lieutenant Governor, to know when he will be pleased to receive the Address of this House on the subject of School Townships j and to present the same. Ordered. Monday, 2ith January, 183 L Mr. Morris, from the Committee to wait on His Excellency the Lieutenant Governor with the Address of this House relative to School Townships, reported delivering the same, and that His Excel- lenry hnd been pleared to make the following answer i—^ The docufnenls required In this Address shftll be laid before the House of Assembly^ Wednesday^ February ^d^ 1S31. J. Ct>t')iOttNlS« The Lieutenant Governor transmits to A\6 House of Assembly, copies of authorities for reserving the School To\vnships, and also such documents as Will aflbrd information to the House respecting the mea- sures which have been proposed to secure endowments for the District and for Township Schools. Government Hou^l^ 2d February i 1831. Extract of a Dispatch front the thike of Portland to Ma President Rus^ell^ dated WhUehall^ 4th November^ 1797. ** His Majesty has lakett Into His Royal Conskleratiftn the pelitioft of the Legislative Council and House of Asserfibly, humbly ihiploring * His Majesty that he Would be graciously pleased to direct His Go'- vernment in this Province to appropriate acertainportionof the waste lands of the Crown as a fund for the establishment and support of a respectable Grammar School in each district thereof, and Also of a College or University for the instruction of youth in the different branches of liberal knowledge, * and being always ready to shew his parental regard for the welfare of his subjects in the furtherance of so important ah object as the instruction of youth, and to assist and encourage the exertions of his province in laying the foundation for promoting sound learning and a religious education, he has conde- scended to express his most gracious intention to comply with the wishes of the Legislature of his Province of Upper Canr.da in such manner as shall be judged to be most effectual. First, by the establishment of Free Grammar Schools in those districts in which they are called furj and in due process of time by establishing ofher seminaries of a larger and niorc comprehensive nature for the promotion of religious and moral learning and the study of the arts and sciences. With this view, 1 am to direct you to con- sult the mcmhurs of His Majesty's Executive Council, and the Judges and Law OlTicers of the Crown in Upper Canada, and report to me, in what manner and to what extent a portion of the Crown Lands maybe appropriated and rendered protluctive towards the formation of a fund for the above purposes, out of which His Majesty may accord- ing to his pleasure allot such salaries as he shall judge proper for the school-masters of such free schools, who are to be appointed by His Majesty's Governor, or the person administering His Majesty's Go- '^ernment within the Province for the time being, subject to His Ma- jesty's approbation, signified through one of his principal secretaries of state." ^ (Copy. Sir, Government HousCyMay 30/A, 1833. Earl Bathurst having, in a late Despatch to the Lieutenant Gover- nor, signified the sanction of His Majesty's Government to a plan pro- posed by His Excellency of forming a general Board of Education in this Province, as will bo shewn by the enclosed papers, Nos. 1 and 2, I have been commanded by His Excellency to request that this sub- ject may engage the early attention of the Executive Council, A Board of fit persons to carry into efiVct the proposeil plan, will be immediately nominated by the Lieutenant Govern(»r, and it occurs to His Excellency, that the object which in the first place requires the consideration of the Committee, is th6 appropriation of some portion of the land set aside for the endowment of an University, in such man- ner as shall most readily and securely create a fund to enable the general board of education to enter on its duties, either by conveying such portion of lands in trust to the Board, (subject in all its proceed- ings to the sanction of the Executive Government) or by such other mode as may to the Committee appear more expedient. I have the honor to be, &c., &c., G. HILLIER. The Hon. the Preniding Councillor. the J33. Extract from a Despatch addressed to Sir P. Maitland hy the Earl Bathurst. " I am happy to have it in niy power to convey to you His Majes- ty's consent that you appropriate a portion of the reserves set aside for the establishment of an University, for the support of schools on the national pUm of education." York, 1th December, 1828. (Copy.) Sir, I have the honor to transmit for the information of His Excellency the Lieutenant Governor, the following statement relative to the lands set apart for the purposes of education. In 1798 twelve townships were selected, containing about 740,000 acres, which after deducting the Crown and Clergy Reserves, left, according to the report of the Surveyor Greneral, about 549,217 acres. Of this quantity there has been transferred to Government, in lieu of the Crown Reserves witli which King's College is endowed, 225,273 acres. For the purpose of carrying into eflcct a plan submitted to Earl Bathurst by His Excellency Sir Peregrine Maitland, about 190,517 acres have been more especially placed under the care of the general board, leaving out of the original appropriation, for Schools or for the University, about 134,000 acres. I have the honor to be, &c. (Signed) GEORGE H. MARKLAND. Mr. Secy. Mudge. (Copy) YorkyUthMarchflS29, A general Return of the qUaniiiy of Land reserved for Education in this '^ Province, In 1798, twelve townships, containing about 740,000 acres, wero appropriated for education, which, after deducting the Crown and Clergy Reserves, left, according to the Report of the Surveyor Gene- ral, about 549,217 acres. 8 In 182i1, Lord Bathurst having signified by despatch to Si^ Pere- grine Maitland the sanction of His Majesty's Government to a plan proposed by His Excellency of forming a General Board of Education, a reference was made to the Executive Council to set apart a portion of the land reserved for the endowment of Schools. The Council, in consequence, recommended that the townships of Yarmouth, West- minster, Southwold, Middleton, Houghton and Blandford, together with Seymour and Sheffield, containing about 194,828 acres, be ap- plied to carry into effect the intentions of His Majesty*s Government. Besides this quantity, 225,273 acres have been transferred to the Crown, in lieu of leased reserves with which King's College is en- dowed, and there remain, theretore, about 133,427 acres not specially appropriated. The Townships originally set aside, were Alfred and Plantagenet, in the Ottawa District ; Bedford, Hinchinbroke and Sheffield, in the Midland District ; and Blandford, Houghton, Middleton, Southwold, Westminster and Yarmouth in the London District. Alfred and Plantagenet being found not to contain vacant land, Luther and Proton were substituted. MeMofandurn of the Lieutenant Governor to the Executive Council. From the documents which the Lieutenant Governor has examined, he finds that in 1819, the Executive Council, after reading the Duke of Portland's Despatch of 1797, in answer to an Address from the two Houses of the Provincial Legislature, soliciting an appropriation of Crown Lands for the support of an University, and Schools, stated that the appropriation of the quantity of land referred to by the Com- mittee appointed to take into 'consideration the Duke of Portland's Despatch, Was not sufticlently sanctioned to authorise grants in other portions than those limited by His Majesty's Commission, and recom- mended that an authority should be obtained, to sell and lease, grant and dispose of five hundred thousand acres, for the purpose of esta- blishing an University in this Province. That in 1822, Sir Peregrine Maitland submitted to H.i Majesty's Government, a plan for organising a general system of Education, m 9 and suggested the expediency of appl}'ing the proceeds of the sale of part of the lands, under the title of School Reserves, to carry it into eftecl,— -and of reserving the remainder for the future endow- ment of an University, should such an establishment not be con- sidered advisable at present ; and proposed also, that an intro- ductory schoo! on the national plan, in each town of a certain size, should be established, and that the number of schools should be in- creased as the circumstances of the Province might require. That Lord Bathurst, in his despatch of the 13th October, 1623, in reply to those proposals, having approved of a portion of those Re* serves set aside for the establishment of an University, being appro- priated for the use of Schools, on a national plan of edut^ation. Sir P. Maitland requested the attention of the Executive Council to this subject, in order that a portion of the School Reserves might be dis- posed of, to form a fund to enable the General Board of Education to enter on its duties* That a Committee of the Executive Council, on examining extracts from Lord Bathurst's despatch of the 12ih October, 1823, recom- mended eight townships to be applied to carry into e^ect the inten* tions of His Majesty's Government* The Lieutenant Governor is of opinion, that central township schools should be formed and endowed ; that each endowment should be secured under the Great Seal ; that no masters should be appointed to these schools, unless qualified to teach the elements of th^ Latin language, and of Mathematics ; &nd that the District Schools should also be endowed with land. Cowrnmeni House^ Mn.y, 1830. Mr. MoRftis, seconded by Mr. SoniCiTfoft GfiNfittAfe, mows, that the documents sent to this House by His Excellency the Lieutenant Governor, on the subject of the School Lands of this Province, be referred to a Select Committee, composed of Messrs. Burwell and Bcrcay, with power to send for persons and papers, and to report thereon by Bill or c.herwise. 10 In amendmont, Mr. Perry, seconded by Mi-. Bidavell, moves that the names of Messrs. Buell, and Campbell be inserted after the name of Berczy. Which was carried. The original question, as amended, was then put and carried. Mr. Morris, seconded by Mr. Burwell, njoves that 200 copies of the documents sent to this House by His Excellency the Lieutenant Governor, relative to the School Lands of this Province, be printed for the use of Members. Ordered. Thursday y Feb. 3, 1831. Mr. Morris, Chairman of the Select Committee on School Lands, seconded by Mr. A. Fraser, moves that an Address be presented to His Excellency the Lieutenant Governor, requesting His Excellency to lay before this House, copies of the following documents referred to in the paper sent to this House by His Excellency on the second instant respecting School Lands, viz : The Joint Address to His Majesty, of the Legislative Council and House of Assembly, referred to in the Despatch of tho Duke of Portland ; The Report of the Executive Council, and the opinion of the Judges and Law Officers of the Crown in Upper Canada, on the same subject ; Papers, Nos. 1 & 2, referred to in the letter of Mr. Secretary Hillier, dated Government House, May 13, 1823 ; So much of the despatch to Sir Peregrine Maitland by the Earl Bathurst, as relates to the School Lands, together with all such documents and proceedings as relate to their appropria- tion, transfer or sale, and also an account of the number of acres of these lands sold in each District, the average price per acre, the amount of money received by their sale, and pn account ii> detail of its application, and the expense of colltiC^ tion ; ""••"^^ 11 And that Messrs. Burwell and Berczy be a Committee to draft and report the same. Ordered. Mr. Burwell, from the Committee to draft an Address to His Excellency the Lieutenant Governor, for certain documents and information relative to School Lands, reported a draft, which was received and read twice, adopted and ordered to be engrossed and read a third time this day ; and is as follows : To His Excellency Sra John Colborne, Knight Com- mander of the Most Honorable Military Order of the Bath, Lieutenant Governor of the Province of Upper Canada, and Major General Commanding His Ma- jesty's Forces therein, &c. &c. &c. May it please Your Excellency, We, His Majesty's dutiful and loyal subjects, the CommonJ of Upper Canada, in Provincial Parliament assembled, humbly request Your Excellency to lay before this House, copies of the following documents referred to in the paper sent to this House by Your Excel- lency, on the second instant, respecting School Lands, viz. : The Joint Address to His Majesty, of the Legislative Council and House of Assembly, referred to in the despatch of the Duke of Portland ; The Report of the Executive Council and the opinion of the Judges and Law Ofticers of the Crown in Upper Canada, on the same subject ; Papers, Nos. 1 & 2, referred to in the letter of Mr. Secretary Hillier, dated Government House, May 13, 1823. So much of the despatch to Sir Peregrine Maitland by the Earl Bathufst, as relates to tfje School Lands, together with al> such documents and proceedings, a^ relate to their appropria- tion, transfer or sale ; and also an account of the number of acres of these lands sold in each District, the average price 12 per acre, the amrimt of money received by their sale, «n:c. (Signed) PETER RUSSELL. To the Honorable John Elmsley, C. J. V allowing 1798. sr, on the jther it is iparately» upon by C.J* (Copy.) Council Chamhtr at Fork^ 1st December y 1798. RfiAD the Report of the Board, formed of the members of His Ma- jesty's Executive Council and the Judges and Law Officers of the Crown in Upper Canada, who were directed to take into their consi* deration the letter from His Grace the Duke of Portland, on the esta- blishment of Grammar Schools and other places of education in this Province ; and the same having received the approbation of the President in Council^ it was ordered, ** That the Report be fairly copied, that it may be transmitted without delay to His Grace the Duke of Portland for the information of His Majesty." 16 The Report is as follows : SlH, Council Chamber, Ut December^ 1798. I have the honor to inform you, that in obedience to your order of the 6th ultimo, the members of His Majesty's Executive Council, the Judges and the Law Officers of the Crown, met together in this place on the nineteenth ultimo, and un several occasions since, and took into their consideration the letter of His Grace the Duke of Port- land on the establishment of Grammar Schools and other places of Education in the Province. It is not to be expected that on a subject of such extent, the opinions of so many persons as were assembled to consider of it, should exactly coincide ; I have, however, the satisfac- tion to say, that in our general views of the system to be adopted, wo are nearly agreed, and that the difference with respect to the mode in which it is to be carried into effect, is not very considerable. As it was Your Honor's pleasure that the Chairman should collect the opinions of the several members of the Board and digest them into one report, I took the Ifherty of distributing the subject into the five following heads, and of requesting their thoughts on each, viz : 1st. The sum to be raised — 2(\. The number of acres to be appro- priated — 3d. The purposes to which the fund is to be applied — 4th. The number of Schools and tlie places whrre they are to be erect- ed — 5th. The number now necessary. It is now my duty to state to Your Honor, the general result of the ■whole ; and should I either misrepresent the sentiments of the Board, or fail to give the effect they deserve, 1 trust that Your Honor will impute the blame to me only, and do justice to the several members by referring to the opinions of each, which I have subjoined by way of schedule. ' , ' When the subject was first opened, it seemed to he the unanimous opinion, that the intention of the Royal Founder of the free Gram- mar Schools and University of Upper Canada, could not be effectu- ated, but by a liberal provision for their establishment and mainte- nance ; and each member of the board seemed deeply impressed with a conviction, that in making his estimate of the extent of that provi- sion, it would be much safer to allow too much than too little : for as aftt ^ 1798. order of Council, r in this Dce, and tofPort- )laces of a subject mbled to I satisfac- pted, wo I mode in Id collect ihem into o the five iz: !)e appro- led— 4th. be erect- suit of the le Board, onor will members d by way mammous ee Gram- »e efiectu- d mainte- jssed with hat provi- le : for as 17 the application of the funds will always bo directed by tlio beneficient wisdom which has created it, the excess may at any time be applied to olhor purposes, equally worthy of the original intention, and equally conducive to the happiness of the Province ; but it will be dillicult and pcrliups impossible, if the present moment be neglected, to find at a future period the means of effectinr; the object before us, without much expense and a delay almost subversive of the purpose. Under this impression, tlve Board proceeded to consider in detail the purposes to which the proposed fund should, when raised, be ap- plied, and seemed to be unanimous in thinking that they may be re- duced to three : 1st. The erection of the necessary buildings; 2n(l. The payment of the salaries of the masters ; 3d. The keeping of the buildings in repair, the purchase of books, and philosophical apparatus, and other purposes essential to places of education, but in general too costly to be provided by individuals. 1st. With respect to the sum to be expended on the erection of the necessary buildings, the Board conceived, that taking the ave- rage price of labor in the four Districts of the Province, the sum of £3000, provincial currency, will be sufficient to erect a plain but solid and substantial building, containing a School room sufficient to hold an hundred boys, without danger to their health from too many being crowded together ; and also a set of apartments for the master, large enough not only f )r the accommodation of his family, but also for the very desirable purpose of enabling him to take a few of his pupils as boarders. Some few outbuildings may also be necessary, for the use of the master, which, if they will not come within this esti- mate, will not much exceed it, and may easily be provided for here- after. 2nd. As the extent of the salaries of the masters is expressly re- served for the Royal consideration, we do not presume to mention any particular sum as sufficient for that purpose ; but as it is necessary for us in making our estimate, to calculate upon some given sum, and as His Excellencv the Lieutenant Governor thought the sum of JCIOO provincial currency, a sufficient allowance for the master of the School erected under his auspices at Kingston, — we beg leave to take 2 18 that sum as tiie average for tlic salary of the masters of cacli scliool, and lialfof it for the salary i»f an undor-mustcr, incase it should be tliought expedient to have one. 3d. The sum of £30 per annum seems to be n sufTicIcnt sum for keeping the buihiing in repair ; the provision for the purchase (»f books, philosopliical apparatus, &c. relates to the endowment of tl)C University rather than to that of the Grammar School, and is only mentioned that it may not appear to have been forgotten in our cal- culation. It appeared, therefore, to be the general opinion of llic Board, that a sum not excelling £3000 proviiu'ial currency, and an annual in- come of £180, will bo amply sullicient for the establishment and support of a free Grammar School in each District. The next object •was, to consider the mode, by whicii that sum and I hat inconjc are to be raised. With respect to the former the Board had but one opinion, viz. : that it can only be raised by the sale of part of tiie waste lands of the Crown. If the institutions in question are to be deferred, until they can be provided for from ti>o annual income of any quiintity of land that can be appropriated for them, they will be deferred oitiier until they have been superseded by other institutions, or until fnur or five generations' of ignorance and vice have rendered them useless. The annual income must equally be derived from tiie waste lands of the Crown, and may, in the apprehension of the B(jard, be raised by ('ne or other of the four following moiles. 1st. Bv the sale of so much of those lands as will raise a sum, which if invested in tlie British funds, will produce the sum of £180 as interest. 2d. Bv reserving such a portion of those lands as, when leased, will produce that sum as rents. 3d. By appropriating to the same purpose, suclr parts of the present Crown Reserves as are capable of yielding a present rent ; or, 4th. By selling a poi'tion of tlie waste lands of the Crown, (al- ways distinguishing between waste lands of the down and 19 Crown Reserves) and laying out the proceeds in the purchase of Uiuds which, from their quality, local situation, or state of cultivation, cither yield or may be made to yield a present rent. On each of these motlcs the Board begs leave to submit the follow- ing considerations : With respect to the first, it observes, that besides the disadvantage of the daily decreasing value of an income which is to be applied to a permanent purpose — and which arises from money or which is reserved in money, it will require the sale of a quantity of land, con- siderably beyond any that the Board would venture to mention, to raise a sum whicli, at the rate of 5 per cent, per annum, would yield the sum of £180 as interest. For we conceive it to be generallv, though perhaps not universally true, that whenever lands in this country are ca[)able, from quality, situation or any other circumstance, yielding a rent, a capital laid out in the purchase of those lands is much more productive than one lent at interest on either private or public security, and there is this additional advantage on the side of the former, that both the real and the nominal value of rent will in- crease with the increasing prosperity of the country, while the real \ alue of interest decreases with the decreasing value of monay, in ii proportion to which the increase of our prosperity is not a counter- balance. The Board therefore considers this mode of raising the income required, as wholly out of the question. Of the remaining three modes, the Board considers that which pro- poses to provi(!e the necessary income, by reserving for the use of these institutions a certain ()orlion of the waste lands of the Crown, and leasing them for a rack-rent, as incomparably the best ; both because it is the cheapest, and because it leaves the fund of Crown Reserves, from which the other public purposes of the Province mav hereafter be supplied, untouched ; but it is certain that the present circumstances of the Province do not authorize us to expect much income from such a source for some years at least. It may thercforn be necessary to break in upon the Crown Reserves, and to appropriate such of them af are n has engaged it : I have therefor© the honor to inform you that the members of His Majesty's Execu- tive Council, the Judges and the Law Olfjcers of the Crown, after much reflection and deliberation on the matter referred to them, are of opinion : 1st. That an appropriation of 500,000 acres, or ten township?, afier deducting the Crown and Clergy sevenths, will be a sufficient fund for the establishment and maintenance of the Royal foundation of four Grammar Schools and an University in the Province of Upper C..:iada. 2nd. That the present circumstances of the Province call for the erection of two »)f those schools, one at the Town of Kingston, the other at the Town of Newark. 3rd. That for the purpose of building a plain but solid and sub- stantial house, containing a school-rv)om sufficient to contain 100 boys, 22 and apartments for tlie master, lar«];e enouii^h for the accommodation of a modeiate family and the reception of from ten to twenty boys as boarders, the sum of £3,000 Provincial Currency for "ach, will be u suflicient allowance. 4th. That for the purpose of raisinij that sum, a portion of the ap- propriation be sold in the manner directed by His Grace thu Dulce of Portland with respect to the other waste lanils of the Crown. 5th. That f)r the purpose of defray iiii; the salaries of a master and nnder-master, in case an under- *naster sliotdd be thought neces>ar>, and also for the purpose of kee|)inf]j the buildings in repair, and making such additions thereto as circumstances shall require, the annual sum of £180 Provincial Currency for each iichool, will be a sulFicient allowance. Gth. That in order to raise tliis annua! sum, stirh parts 'if the waste lands of the Crown in the different parts of the Province bo selected, as from the quality of the soil, or from their local situation, are most likely to yield an annual rent — and that they be leased in the manner lieretofore recommended by His Majesty's Executive Council witli respect to the Crown and Clergy Reserves. 7th. That if the Income arising from the lands so reserved and leaseed b insufiicient for the purposes above mentioned, a similar se- lection be made from the Crown Reserves. 8th. That if, after this addition, the fund be still insufTicieni, a fur- ther ])ortion of the appropriated land l)e sold, and the ;'V)iiey arising from the sale invested iu the j)urchase of other lands so situated as to yield a present rent. 9th. That whenever the Governor, Lieutenant Governor, or Per- son administering the Government, in Council, shall be of opinion that the circumstances of the Province call for the erection of two other schools, and also that the appropriation fund is sutlicient not oidy to bear the expense of the erection and endowment of those two schools, hut also to leave a residue sulncient for the establishment and future maintenance of a Seminary of a larger ami more comprehensive nature, the same steps be pirrsned-Avith respect to such two schools, as have been already recommended with resject to the two 'jchoolsat Kingston and Newark. Illation of ' boys as will be u f thn jip- Duke of iistcr {ind ecesMirv, d mtikiiiu; niiiil sum sulFicieiit tlie wasfo selected^ are most R manner incil witli rvr'd find imilar se- >ni, a fur- ;*v arisinj; ated as to , or Por- inion that two oib(M" ot only lo o schools, ind future I'B nature, !, as jiave Kinctslon 23 10th. That the iTovislon for the estahlislmont and maintenance of the University be at ioust equal to that fur the four schools tai-ien together. I have the honor to be, &c. &c. &c. (Signed) J. ELMSLEY, C.J. I pcrfoclly accord with this Report in all its parts. (Signed) PETER RUSSELL, Docuw.mt Xo. 1, referred to in Mr. Sccrelnry Hilh'er''s letter to the Erec.Jve Council of the V2!k Jtfaijy 1S23, respecting School Lands. (Extract of a Dcspn'cli from Sir P. M.iitland to Earl Bathurst.) " Much good might be clFL-cted by the organization of a general system of education, an object to which might be applied the pro- ceeds of the sale of some portion of the lands set aside under the title of ' Si'liool Reserves,' consisting of 12 townships, comprising 740,000 acres, still however reserving a certain portion for the future enilowmeiit ol an University, siiould such an establishment not be considered advisable at present.'' ''It is proposed to establish one introductory school on the national plan, in each tov.'u of a certain size. It is supposed that a salary of one luinJred pountls jier annum to the riaster of each such school would be suRicient. The number of these schools may be in- creased as the circumstances of t!ie Province may require, and the means allow." (Copy) To His Excellency Sir Perfgrin;: Maitland, kc. &c. May it please Your Excellency, The Committee of the Executive Council, to whom Your Excel- lency was pleased to refer the consideration of u plan for establishing vi 2-i a University in this Province, nssembled this day, and by Your Ex- cellency's permission, requested the attendance and assistance of His Majesty's Attorney General. A lettor was read from his Grace tlie Duke of Portland to Lieu- tenant Governor Simcoe, bearing date the 22d June, 1796, acknow- ledging the receipt of a letter from the Bishop of Quebec, upon the subject of a school of a higher class, which His Grace then did not think necessary in Upper Canada. A letter was also read from His Grace, bearing date the 4th Nov. 1797, acknowledging an Address from the two Houses of the Legislature, recjuesting an appropriation of the Crown Lands for the establishment of Schools, and commuiii-' eating His Majesty's pleasure to acquiesce in their petition, directirg the Governor to consult the Members of the Executive Council, tho Judges and Law Officers, on the requisite means to report to Hi8 Grace for His Majesty's information, what schools were then neces- sary, and also to erect and endow a University. On this letter the Committee named, reported four schools to be necessary, a sum of three thousand pounds requisite to erect them, and an annual sum of one hundred and eighty pounds to pay a master and sub-master and keep the building in repair; and the sum of three thousand six hundred and twenty pounds for a University. That a fund to raise this sum would require five hundred thousand acres of land, wiiich was recommended to be set apart ft)r such pur- pose, — and the report, approved by the President, Avas directed to be transmitted for the information of His Majesty's Government. No answer to this report, or further confirmation of it, can be traced in the office of the Esecutivo Council. The romm H -e, therefore, concurring in opinion with His Miijcj-ty's Attorney CTcneral, thai the appiupriation of that quantity of hind is not sufTi- cientlv sanctioned to auiiiorise a griint in other portions than limitei bv His Majesty's commission, huiiiMy recom'nend that Your Eixcel- lency do call the attention of His Majesty's Government to a formal sanction under the Royal Sign Manual, or the signature of His Majesty's Principal Secretary of State for the Colonies, to sell, lease, grant and dispose of the said five hundred th.ousand acres of land, for the purpose of establishing a University in this Province. the 25 In the mean time, in conformity to Your Excellency's pleasure, tlie Committee proceeded to consider the detail required by Your Excellency. In pursuing this ohjcct, the Committee first observe that provi- sion for District Schools is not now required out of tiiis fund, being made by the Logislatu.e. The scale established by the former Com- mittee appears, at present, very inadequate. The Committee is of opinion that a sum not less than ten thousand pounds will be required to erect a suitable building and provide a library, philosophical apparatus, and a botanic garden. That an annual sum of four thousand pounds may be deemed neces- sary ; ' defray the salaries of Principal, Professors, Preceptors, Scholarships, Librarian, Gardener, and other officers with other contingencies. That to raise these sums, it will be proper that a sale of land should be made from time to time, to meet with security the exigen- cies of the establishment until the revenue Mill supply the annual expenditure. That a commission should permanently attend, with large powers to sell and lease the land and manage its revenues, under the direction of the Executive Government. It is also considered, that it would conduce much to the importance and utility -c the projected Univer- sity, if its constitution should be by a Royal Charter. All which is humbly subm'tted. By order, (Signed,) W. DUMMER POWELL, C. J. Executice Council Chamber^ Fork J 1th January, 1819. Exlrad of a Report of the Executive Council to the Lieutenant Governor, dated Mlh November, 1S30. The Council entirely concurs in the recommendations of Your Ex- cellency, assuming that nn equivalent in lands may be so arranged in the proposed exchanges, as neither to prejudice the interests of the ! ; M I 26 Crown nor of the School funil ; and "mdocd it appenrs to the Council, that the measure suggested will be highly favorable to the public in- terests in aflording the Crown the means of dispensiui;- more generally through the country the many respectable emigrants arriving from Europe. Mr. Morris, seconded by Mr. Burwell, moves that the Message of His Excellency the Lieutenant Governor on the subject of School Lands, together with the accompanying documents sent down by His Excellency this day, be referred to the Select Committee on School Lands. Ordered. Mr. Morris, seconded by Mr. B'orwell, moves that 200 copies of tbe M(!ssiigc of His ExcelK-ncy ;ind the di)cuaicuts accompanying it, be printed for the use of Meiubors. Ordered. Wednesday, 23J Fcbriiarij, 1831. * Mr. Morris, fr :)m the Select Committee tn whom were referred the several documents sent down by His Excellency the Lieutenant Govern(>r nn the sulijisct of School Lnnds, informed the House, (hat the Committee li;!I ^n by His m Siliool 00 copies iipu living 1831. referred ieiiienant •use, that d lo sub- iicuments iovejnor, their first ■s, learn, f Assem- ' implor- u\r the establishment and support of a respectable Grammar Scho(d in each district liiereof ; and also of a College or University for the instruction of youth in ihi; diilercMil branches of liberal know- ledge," To which His Majesty was graciously pleased to express his intention, " to comply with the wishes of the Legislature of His Province of Upper Canada, in such manner as should be judged to be the most ctfectual — First, by the establishment of Free Grammar Schotds in those districts in which they are called for, and in due pro- cess 3f time by establishing other seminaries of a larger and more com- prehensive nature, for the promotion of religious and moral learning, and the study of the arts and sciences." For wliich purpose, Mr. President Russell was directed to consult the Members of the Execu- tive Council and the Judges and Law OlHcers of the Crown, and to rej)ort in what manner and to what extent a portion of the Crown Lands might be appropriiited and rendered productive towards the formation of a fund ior these purposes, out of whici) His Majesty might allot such salaries as he should judt^e proper for the school-masters of such free schools as should thereafter be iippoinled ; and on the 1st December, 1798, tlie Executive Couiicil reported to Mr. President Russell, that an appropriation of 5()0,()()() acres, or ten townships, after deducting the Crown and Clergy sevenths, would be a sullici- ent fund for the establishment and maintenance of the Royal founda- tion of four Grammar Schools and an University in tiie Province of Upper Canada, and that the proposed School Fund should, when raiseil, be applied ; 1st. For tlie erection of the nccessiiry buiMings. 2nd. For the payment of the sahirif\s of the masters. 3rd. For keeping the buildings in rep;iir, and the purchase of hooks and philosophical apparatus; ami that i!3!)00 currency slu uld be applied to erect each building; and .tl^f) per annum, for the c.iab- lishment and support of a free Gramn.ar School in each District. The Council also reported, that the towns of Cornwall, Kingston, Newark and Sandwich, were at that time the most proper ))laces for the sites of the four schools first nece>sary, — and that the town of York was the most suitable for a Univer^ity ; and that two of the ^■1 I 28 schools, namely at Kingston nnd Xcwark, should be conimoncc.'d first ; and that whenever the appropriated fund should be found sulfu^ient not only to bear the expense of the erection and endowment of those two schools, but also to leave a residue sulncient for the establish- ment and future maintenance of a seminary of a larger and ijir.re com- prehensive nature, that steps shouUI be taken to endow the two other schools. The Executive Council also recommended, that the provision for the establishment anrl maintenance o( the Univerrsity should at lea^t be equal to that for the four schools taken together. Your Committee, upon looking over the remaininc: documents which His Excellency had the goodness to comniUnicate to this House, are informed that the attention of the Council was again di- rected to the School Land Reservation, on the 7th January, 1819, and that they reported to IJis Excellency Sir P. Maitland, that no trace of any answer to the Report of the Council of 1st December, 1798, could be found in the Council Office : that as they were of opinion with the Attorney General, that the appropriation of land was not sufficiently sanctioned to authorize a grant in other j)or- tions than limited by His Maj(;sty's Commission, they thought it proper to recommend that His Excellency should call the attention of His Majesty's government to a formal sanction to sell, lease, grant and dispose of the said 500,000 acres of land for the purpose of estab- lishing a University in this Province, endowed by Royal Charter, as provision for District Schools was not by them thought necessary out of this fund, as it had been already made by the Legislature; and that in order to construct the necessary building, the sumof JC10,000 would be required, with an endowment of £1000 [)cr annum for the payment of salaries. From this condensed view of the proceedings of the Executive Council on the munidcent provision for the ditl'usion of E^ducation in this Province, the Committee are struck with the singular fact, that no apparent benefit has resulted to the inhabitants of the country from the school reservation for a period of 30 years ; and that the •riginal intention of the Legislature, expressed in the Joint Address to His Majesty, as well us His Majesty's most gracious desire to meet their washes by the establishment of Free Grammar Schools in tln.s3 Districts in which ihey are called for, and in due process of time to 29 establish other seminaries of a more extensive nature, liave hitherto, «sfar as your Committee can judge, been lost sigiit of; and for no other reason that your Commiitce can discover, than that a School lias, by an Act of the Legislature, been already established in each District, with a salary of £100 to the Master, but this very limited provision, your Committee respectfully submit, ought not to deprive the ))oople of their just claim to a participation in the benefits of the School Lands ; and to that end the Committee suggest, that the House ought now to address His Majesty, setting forth the great va- lue of these lands, and the ample means which they allbrd to carry ir.to elTcct liic benevolent intentions of His late Royal Father, by an endowment from their proceeds for each District of at least £400 wliicli x^dded to the present appropriation would support eleven res- pectable seminaries, where the youth of the Province generally might receive a liberal education without being removrd many hundred miles from the tender care and watchful authority wf their parents, as must be the ca^se if those lands are exclusively applied to establish and supjiort King's College or any other extensive University, which can only be viev,-ed as of benefit to those whose wealth enables them to bear the great expense of sending their children to the capital of the Province. Your Committee also rocommend, that besides the above endowment, the sum of £2000 might bo set apart for the an- nual support of a Provincial Seminary at York, whether called " Upper Canada College " or by any other n^me ; and that a suita- ble sum should be expended to erect the necessary buildings, and also to defray the expense of buildings for Free Grammar Schools, That besides these endowments, your Committee are of opinion that the great value and extent of the Reservation will atFurd the means of providing a salary of £50 each to the teachers of at least 12 town- sliip sclioids in every district, and thus give to U[)pcr Canada a sys- tem of education that might well bo envietl by any other colony in His Majesty's dominions. 'i\ The data upon whicli your Committee have made the foregoing sugg^^stions, are the following, viz. : that the whole reservation of 519,217 acres, if sold at tlie average price of 10s. ])er acre, would give a capital of £274,G08, producing, if invested at the rate of 5 per cent, interest, an annual income of £1.3,730 — a sum sufficient to en- dow th.e schools which vour Committee conceive to be necessary, be- 30 sides leaving an im|)ortimt buiuuce to defray the expense of the sales and collecting the money ; 11 Grammar Schools at £400 is £4,400 1 College at York 2,000 132 Township Schools, ht'ini^ 12 in each District, at JCjO '. G,G0O Balance 730 £13,730 Your Committee, in assntning that these lands will sell at the ahove rate, conceive, that they have much underrated their actual value, as it is generally understood that tlie Council of King's Col- lege have estimated 225,273 acres of Crown Reserves, which were exchanged for, and now i'orin a [xirt of the School Reservation, as worth one pound an acre. Your Committee, taking all ihe circumslanres of this highly im- portant subject into their most, serious consideration, and averse to an extensive endowment out of this fund to King's College, or any other University, until the original intention of founding a frce Gram- mar School in each District has first been carried into etfect, earnestly recommend to the house that an humble address be forthwith trans- mitted to His Majesty, res[)ecting tlie manifest injury that is inflicted on the inhabitants of this Province, by the endowment of the best half of the School Reservation for the establishment of a seminary far exceeding the wants of the country, and solemnly beseeching His Majesty to listen to the anxious desire of his faithful subjects in Upper Canada, by arresting the alienation of these lands from their original purpose, and placing thetn under the control of the Legislature, and for this object your Commiltee submit the following Resolutions for the consideration of the House. All which is respeclfuily syibmilted. VV. MORRIS, Chairman. Committee Room^ House of Assemhiyj 23d February, 1S31. Resolved, That His Majesty, in the year 17f)7, was graciously pleased to communicate (o the government of this Province, by a 31 Despatch from the Duke of Portland to Mr. President Russell, in answer to a joint address of the Legislature, His Majesty's intention to set apart a certain portion of the waste lands of the Crown, as a fund for the establishment and support of a Free Grammar School in those Districts in which they are called for, and in due process of time to establish other seminaries of a more comprehensive nature. Resolved, That although mor^ than 30 years have elapsed, since His Majesty made this gratifying communication, it does m)t come within the knowledge of this Committee, that even one free Gram- mar School has been endowed from these lands, or any other seminary established, in consequeiite of that reservation, excei)t a school at the seatof government called the Royal Grammar School. Resolved, That the establishment by the Legislature of a public school in each district, with a salary of £100 currency paiil out of the provincial treasury to the ma.>itor, does not afiford sufficient means to instruct the youth of the Province in the several branches of clas- sical and scionlific learning, and ought not therefore to be considered as a reastm for withholding the support which His Majesty intended for the District Grammar Schools. Resolved, That it is iTiost important to the contentment and welfare of the people of this Province, that the school lands be applied to the purposes for which they were originally intended, and immediate steps taken to represent to His Majesty's government, that the several districts, from their extensive and rapidly increasing population, are now in a state to require the establishment of free grammar schools with a suitable endowment, which schools, if incorporated with the present District Schools, would allbrd the means of respectable sup- port to a master and two assistants in each, and thereby enable the inhabitants generally to confer the blessings of a liberal education on their children, and lliul employment as masters for such of them as may be found to have made the necessary proficiency in the acquire- ment of classical and scientific knowledge. Resolved, That it would be much more satisfactory to the people of this Province, if the monies arising from the sale of school lands were paid into the hands of the Receiver General, and the fund placed at the disposal of the Legislature instead of the present arrangement, as not only the control of the funds, but the general li^ ; .1 . i !l: w 32 superintendence and organization of the whole system, would thus be open to public inspection and approval. Resolved, That an humble Address be presented to His Majesty, setting forth the substance of the foregoing resolutions, and imploring His MaJ3sty's early attention to the anxious hope of His Majesty's faithful subjects of Upper Canada, that the School lands may not be applied to any other ohject tlian th<«t for which they were intended by His Majesty's late Royal Father. Wednesday, March \Cih, 1S31. Aijreeablv to the order of the dav, the House wont into a Com- raittce of the whole on the Report of the Select Comuiiftce on School Lands. Mr. Clark was called to the Chair. The House resumed. Mr. Clark reported, that the Committee had agreed to a resolu- tion, which he was directed to submit for the adoption of the House. The report was received, and the resolution was adopted ncm, con. as follows : Resolved, That His Majesty, in the year one thousand seven hun- dred and ninety-seven, was graciously pleased to communicate to the government of this Province, by a Despatch from the Duke of Port- land to Mr. President Russoll, in answer to a joint Address of the Legislature, His Majesty's intention to set a[)art a certain portion of the waste lands of the Crown, as a fund for the establishment and sup- port of a free grammar school in those districts in which they are called for; and in due process of time to establish other seminaries of Q more comprehensive nature. Present — Messrs. Attorney General, Beardsley, Didwell, Boulton, Burwell, Campbell, Chisholm, Clark, W. Crooks, Duncombc, Elliott, Howard, Ingersoll, Jarvis, Lyons, McCall, D. McDonald, Mac- kenzie, McNab, MaQon, Mount, Perry, Randal, Robinson, Roblin, Sampson, John Wilson, W. Wilson. 33 cm. con. Wednesday^ 2Ut December^ 1831. Agreeably to the order of the day, the Journals of the last Session relative to School Lands, were read, (MS. Copy, page 407, 2d vol. Appendix.) Mr. Morris, seconded by Mr. Duncombe, moves that the House do now resolve itself into a committee on the proceedings of last Ses- sion, relative to the Sciiool Lands Reservation. Which was carried, and Mr. Clark was called to the Chair. The House resumed, the Black Rod being at the door. The Speaker left the Chair. The Chairman resumed the chair of Committee. The House resumed. Mr. Clark reported that the Committee had agreed to several resolutions, which he was directed to submit for the adoption of the House. The Report was received. The first Resolution was put and carried as follows ; Resolved, That His Majesty, in the year 1797, was graciously pleased to communicate to the Governnxjnt of this Province, by a Despatch from His Grace the Duke of Portland, to Mr. President Russell, in answer to a joint Address of the Legislature, His Majes- ty's intention to set apart a certain portion of the waste lands of the Crown, as a fund for the establishment and support of a free grammar school in those districts in which they are called for, and in due pro- cess of time to establish other seminaries of a more comprehensive nature. The second Resolution was then put and carried nem. con, a s follows : Resolved, that although more than thirty years have elapsed since His Majesty made this most gratifying communication, it does not come within the knowledge of this house, that even one free granynar "f 1 1 ■ i t I! I:i &.■ 34 school has been endowcl from these lands, or any other seminary established out of that reservation. Present — Messrs. Attorney Genernl, Berczy, Bidweil, Boulton, Buell, Clark, Crooks, Duncombe, Elliott, A. Fraser, Howard, Inger- soll, Jones, Lewis, McCall, A. McDonald, McMartin, McNab, Macon, Morris, Mount, Norton, Perry, Handal, Robinson, Roblin, Samson, Shade, Shaver, Solicitor General, Thomson, Vankoughnot, Warren, Werden, W. Wilson. The third Resolution was then put and carried, nem. con. as fol- lows : Resolved, That the establishment by the Legislature of a public school in each district, with a salary of one hundred pounds currency paid out of the Provincial Treasury to the master, does not afford suf- ficient means to instruct the youth of the province in the several bran- ches of classical and scientific learning, and ought not therefore to be considered as a reason for withholding the support which His Majes- ty intended for the District Grammar Schools. Present — Messrs. Att. General, Berczy, Bidwell, Boulton, Buell, Clark, Crooks, Duncombe, Elliott, A. Fraser, Howard, Ingersoll, Jones, Lewis, McCall, A. McDonald, McMartin, McNab, Ma^on, Morris, Mount, Norton, Perry, Randall, Robinson, Roblin, Samson, Shade, Shaver, Solicitor General, Thomson, Vankoughnet, Warren, Werden, and W. Wilson. The fourth Resolution was then read as follows : Resolved, That it is most important to the contcitl.nent and welfare of the people of this Province, that the school la ids be appropriated to the purposes for which they were originally intended, and imme- diate steps taken to represent to His Majesty's Government, that the several Districts, from their extensive and rapidly increasing popula- tion, are now in a state to require the establishment of free grammar schools with a suitable endowment, which schools, if incorporated with the present district schools, would afford the means of respectable support to a master and two assistants in each, and thereby enable the inhabitants generally to confer the blessings of a liberal education on their children, and find employment as masters for such of them as 35 may be founc! to have made the necessary proficiency in the acquire- ment of classical and scientific knowledge. In amendment, Mr. Perry, seconded by Mr. Biowell, moves, that all the words in the original resolution be expunged after the word " endowment," and the following words inserted, " which would enable the inhabitants generally to confer the blessings of a liberal education on their children." On which the House divided, and the yeas and nays were taken as follows : Yeas — Messrs. Berczy, Bidwell,Buel, Clark, A. Fraser, Howard, McCall, A. McDonald, McMartin, Norton, Perry, Randall, Roblin, Shaver, Warren, W. Wilson,— 16. Nays — Messrs. Attorney General, Boulton, Crooks, Buncombe, Elliott, Ingersoll, Jones, Lewis, McNab, Maqon, Morris, Mount, Robinson, Samson, Shade, Solicitor General, Thomson, Vankoughnet, Werden.— 19. The question of amendment was decided in the negative by a ma- jority of three. The original question was then put and carried nem. cou. Present — Messrs. Attorney General, Berczy, Bidwell, Boulton, Buell, Clark, Crooks, Buncombe, Elliott, A. Fraser, Howartl, Ingersoll, Jones, Lewis, McCall, A. McDonald, McMartin, McNab, Macon, Morris, Mount, Norton, Perry, Randal, Robinson, Roblin, Samson, Shade, Shaver, Solicitor General, Thomson, Vankoughnet, Warren, Werden, W. Wilson. The fifth Resolution was then put and carried, nem. con.y as follows : Resolved, Tlial it would be much more satisfactory to the people of this Province, if the monies arising from the School Lands were paid immediately into the hands of the Receiver General, and the fund placed at the disposal of the Legislature, instead of the present ar- rangement, as not only the control of the funds, but the general super- intendence and organization of the whole system would be thus open to public inspection and approval. 3* ll i I 36 Present — Messrs. Attorney Genera], Berczy. Bidwell, BouItoD, Buell, Chisholin, Clark, Crooks, Duncombe, jL.iliott, A. Fraser, Howard, IngersoU, Jones, Lewis, McCall, A. McDonald, McMartin, McNab, Ma^on, Morris, Mount, Norton, Perry, Randal, Robinson, Roblin, Samson, Shade, Shaver, Solicitor General, Thomson, Van- koughnet, Warren, Werdeii, and W. Wilson. The sixth Resolution was then put and carried as follows : Resolved, That an humble Address l« presented to Hi» Majesty, settin ; forth the substance of the foregoins R^ '.. ions, and imploring His Majesty's early attention to the anxiovs hope of His Majesty's faithful subjects of Upper Canada, that the school lands may not bo applied to any other object thar that fur which they >Ycre intended by His Majesty's late Royal Father. The seventh Resolution wp" then put and earn .'d as follows : Resolved, That the Chairman be instructed to draft and report to the blouse, an Address to His Majesty, founded on the foregoing Resolutions. Agreeably to order, Mr. Clark, Chairman of the Committee of the whole, on the subjjct of School Lands, reported the draft of an AddresiJ to His Majesty, which was received, read twice, concurred in, and rdered to be engrossed and read a third time to-morrow. Thursday, December 22, 1831 Agreeably to the order of the day, the Address to His Majesty on the subject of School Lands was read the third time. On the question for passing the same, Mr. pEftnr, seconded by Mr. Bidwell, moves in amendment, that the Address do not now pass, but thptt the same be now referred to a Committee of the whole House. Which was carried, and Mr. McMartin was called to the Chair. The House resumed, Mr. McMartin reported the Address ns amended. 37 The Report was received, and the Address was ordered to be #».-ngf«ssGd and read a lliird time this dav. Fri%, December 23, 1831. Agreeably t^ the order of the day, the Address to His Majesty on the su'jject of S^'nool Lands was read a third time, and passed nem. C07I., and is as follows : To the King''s Most Excellent Majesty. Most Gracious Sovereign, We, Your Majesty's most dutiful and loyal subjects, the Commons of Upper Canada, in Provincial Parliament assembled, most humbly approach Your Majosty, to represent that, in the year 1797, lour Majesty's Royal Father was graciously pleased to communicate to the Government of this Province, in answer to a joint Address of the Legislature, His Majesty's intention to set apart a certain portion of the waste lands of the Crown as a fund for the establishment and support of a Free Grammar School in those Districts in which they arc called for, and in due process of tiiue to establish other seminaries of a more comprehensive nature. That altl agh more than thirty years have elapsed since His Majesty made this gratifying communication, it does not appear that even one Free Grammar School has been sndowed from these lands, or any other Seminary established out of that reservation. We would further represent to Your Majety, that the establish- ment (by the Legislature) of h Public School in each District, with & salary of one hundred pounds, currency, paid out of the Provincial Treasury, to the Master, does not afford sufficient means to instruct the youtli of the Province in the several branches of classical and scientific learning, and ought not therefore to be considered as a reason for withholdi' g the support which His Majesty intended for the Free Grammar Schools. It is therefore most important to the contentment and welfare of the people of this Province that the School Lands, amounting to five hundred and forty-nine thousand, two hundred and seventeen acres, be applied to the purposes for which they were originally intended ; and as the several Districts arc, from their extensive and rapidly increasing ^.opulation, in a state to require the establishment of Free Grammar Schools, which, if suitably endowed 38 and incorporated with the present District Schools, would aflford the means of respectable support to a Master and two assistants in each, and thereby enable the inhabitants of the colony to confer the blessing of a liberal education on their children, and diA employment as Masters fur such of them as may be found to have made the necessary proficiency in the acquirement of classical and scientific knowledge. We also represent to Your Majesty, that it would be much more satisfactory to the people of this Province if the monies arising from the School Lands were paid into the hands of the Receiver General, and the fund placed at the disposal of the Legislature, instead of the present arrangement ; as not only the control of the funds, but the general superintendence and organization of the whole system would thus be open to public inspection and approval. We therefore humbly implore Your Majesty to place the School Lands at the disposition of the Legislature of the Province, to be applied exclusively for the purposes intended by Your Majesty^s Royal Father. ARCHIBALD McLEAN, Speaker, Commons House of Assembly^ 22rd day of December ^ 183L Present — Messrs. Attorney General, Berczy, BIdwell, Chisholm, Clark, Crooks, Duncombe, Elliott, A. Frazer, R. Fraser, Howard, Ingersoll, Jones, Ketchum, Lewis, McCall, D. McDonald, McMartin, Maqon, Morris, Mount, Perry, Randal, Robinson, Roblin, Samson, Shade, Shaver, Solicitor General, Thomson, Vankoughnct, Wa:ren, Werden, W. Wilson. Mr. Morris, seconded by Mr. Thomson, moves that an humble Address be presented to His Excellency the Lieutenant Governor, informing His Excellency that this House has passed an Address to His Majesty on the subject of the Civ'^rgy Reserves, and also an Address relative to the School Lands, and requesting His Excellency to transmit the same to His Mnjesty — and that Messrs. Samson and Cook be a Committee to draft and report tae said Address, Or'';ered. Mr. Samaon, iroxti the Committee (d draft an Address to His Excellency the Lieutenant Governor, requesting His Excellency to '■¥' ,« 39 transmit the Address to His Majesty on the subjects of Clergy Re- serves and School Lands, presented a draft, which was received and read twice, concurred in, and ordered to be engrossed and read a third time this day. Monday, 26th December y 1831. Mt. Samson, from the Select Committee to wait upon His Ex- reUency the Lieutenant Governor to know when he wouUl be pleased to receive this House wiih their Address requesting His Excellency to transmit the Addresses to His Miijesty on the s ibject of the Clergy Reserves and Scluwl Lands, reported that His Excellency had been pleased to name the hour of 10, A. M., to-morrow. J. Cor.BORNE. l'^ ti mittlng the accompanying memorials and correspondence, in ^ uh...Miice with on Address from the House of Assembly, the Lieutenant Governor acquaints the House, that from the Documents in his possession it appears that in compliance with an Address to the King from the Legislative Council and House of Assembly, in the year 1797, praying that a certain portion of the waste lands of the Crown might be appropriated for tiie establishment and support of a Grammar School in each District, and also a College or University for the instruction of youth in the dilferent branches of liberal know- ledge, the Secretary of State for the Colonies expressed His Majesty's intention to comply with the wishes of the Legislature in such a man- ner ns should be v- Ij^ed most etfectual, — First, by the establishment of Free Gramr : ';'\ools in the Districts in which they were called for, and in due r > ;, Ky establishing other seminaries of a larger and iTiore comprehens:! o ...I'ure, for the promotion of religious and moral learning, and the ^tud) of the arts and sciences — and directed that the Executive Council and Law Omccrs should be consulted on this subject. In consequence ( f these instructions, the Local Government, in 1798, recommended 12 townships to he set apart for the purposes of education, about 549,217 acres, and it appears that none of tho Reserves \ < i'^ alienated till the year 1823, when Lord Bathurst au- thorized a Gcuerai Board of Education to be formed, and a portion of the Reserves to be applied under the management of the Board to- wards rai^'ng a fund for the establishment of Township Schools. H lit fl '■?!!' V »i ,' w ; I 40 III the year 1827, His Majesty's Government ordered 255,273 acres of the lands originally set apart for the purposes of education, to be transferred to the Crown in lieu of the leavsed Crown Reserves granted to the University as an endowment for that institution — and lately, 06,000 acres have been set apart for the support of Upper Canada College and Royal Grammar School, and for the purpose of raising a fund from which the advances mado to establish that seminary by the University Council and by the Board of Education, may be repaid. Government House ^ 24th Decemherj 1831. Thursday^ Sth November, 1832. Mr. Morris gives notice, >>■ h^i will to-morrow move for an Address to His Excellency the L Governor, requesting His Ex- cellency to inform this House, v/l; >. quantity of the School Lands Reservation has been sold, what quantity is now remaining at the disposition of the Legislature, shewing in what Districts and Town- ships the same are situated. Friday, Nov. 9, 1832. J. CoLBORNE. The Lieutenant Governor transmits to the House of Assembly, a copy of a Despatch from His Majesty's Principal Secretary of State for the Colonies, on the subject of the Address of the House to the King respecting the proceeds of the sale of lands set apart for the support of schools. Government House, November, dth 1832. (Copy.) No. 83. Downing Street, London, 5th July, 1832. Sir, I have had the honor of receiving, and laying before His Majesty, your despatch of the 13th February last, enclosing an Address from the Assembly of Upper Canada, pniying that the " School Lands within the Province may be applied to the purposes for which they were originally intended," and further representing that it would bo much more satisfactory to the people of the Province, if the monies arising from the School Lands were paid into the hands of the Re- ceiver General, and the fund placed at the disposal of the Legislature. 41 I liave received His Majesty's commands to direct you to inform the Assembly, at their next meeting, that He has been graciously pleased to accede to their request, and that the sums arising from the sale of that portion of the School Lands which has not already been alienated, will be paid into the hands wf the Receiver General, to be applied in the promotion of Education in such manner as the Legisla- ture may direct. I have, &c. GODERICH. Maj. Gen. Sir John Colborne, K.CB. Wednesday ^ Wth November^ 1832. Agreeably to notice, Mr. Morris, seconded by Mr. Buell, moves that an Address be presented to His Excellency the Lieut. Governor, requesting that His Excellency may be pleased to ' iy before this House a statement of the number of acres of School Lands which have been alienated, and the number remaining ; and to inform this House in what Districts and Townships they are situated. In amendment, Mr. Bukwell, seconded by Mr. William Wil- son, moves, that after the word " situated" in the original motion, the following be added — " And also a statement of the number of acres of land which have been granted by His Majesty's Government to indi- viduals, in the School Townships of Southwold, Yarmouth, Hough- ton, Middleton, Westminster, and Blandford, — shewina; also the number of acies which have been granted in each of said townships to surveyors, in compensation for surv^oying ; and an account of the quantity and situation of such lands as may have been set apart by His Majesty's Government for School Reserves, in lieu of the lands granted in the said Townships. Mr. BuRWELL, seconded by Mr. W. Wilsox, moves that Messrs. Jolm Wilson and Boulton be a Committee to draft an Address to His Excellency the Lieutenant Governor in pursuance of the resolution of tliis House on the subject of School Lands. Ordered. Mr. JoHX Wilsox, from the Select Committee to draft an Address to His Excellency the Lieut. Governor, foi- information relative to School Lands, reported n draft, which was received, read twice, con- curred in, and ordered, engrossed, and to be read a third time to- morrow. -I • ( It ■!i 42 Thursday, \3th November, 1832. Agreeably to the order of the day, the Address to His Excellency the Lieutenant Governor, requesting information relative to the School Lands, was read a third time, passed, and signed, and is as follows : To His Excellency Sir John Colbonio, K.C.B., Lieu- tenant Governor of the Province of Upper Canada, and Major General Commanding His Majesty's Forces therein, &c. &c. May it please Your Excellency, We, His Majesty's dutiful and loyal subjects, the Commons House of Assembly of Upper Canada, in Provincial Parliament assembled, most humbly beg leave to request, that Your Excellency will be pleased to direct the proper officer to inform this House, what quan- tity of the School Lands reservation has been alienated, and what quantity is now remaining at the disposition of ihe Legislature, shew- ing in what districts and townships the same may be situated, — and to lay before this House a statement of the number of acres of land which have been granted by His Majesty's Government to individuals in the School Townships of Southwold, Yarmouth, Houghton, Mid- dle.on, Westminster, and Blandford, — showing also the number of acres which have been granted in each of said Townships to surveyors in compensation for surveying ; and an account of the quantity and situation of such lands as may have been set apart by His Majesty's Government for School Reserves iu lieu of the lanils granted in the said townships. ARCHIBALD McLEAN, Speaker. Commons House of Assemhlif, Nov. 15, 1832. (Copy.) J. COLBORNE. The Lieutenant Governor, with reference to tlic Address of tho House of Assembly of the 15th November, transmits the accompany- ing communication from the Secretary of the Board of Education and Returns from the Surveyor General ; shewing (he number of acres of the Crown Lands which were set apart originally by the Executive Government, for the establishment and support of Grammar Schools and Collkjges, in conformity to instructions received from His Majes- ty's Secretary of State for the Colonies. Government House, llth December, 1832. •« if. « 3 ft '*J 1 1 i *» .£^ t (* II s tit 02 43 £3 OaC5 1) ** rt^ o 8l i t 1 i'ti I mil 3 .^llol B ^ 49 U -?. 4> CJ S H § S S 2 g ^ ifl O" 00 Cr—">jr '^ ^ ^ C4 (M C5 PS S2 PI 5 2 ~ffl O O 00 o -^ ^ © fc o »n - •— S ift -" —I' ^3 rfS C ifi — J--0 tS — -" — 5Q OJ M T -< -3 ^8 I 06 I-" < # ♦ ^ Ea_5^_^ f3 c J # « O :3 U -^6:s 1 u l§ IS a o O r "a! I* I- C 5 -3 a tj) 5? C q — m ' Is* ■^^ ^ CM «• JS-3 2 ' t If i^^ 1! 1,1 44 Copy of Letter from George H. Markland^ Esquiie^ Secretary to the General Board of Education. 14th December, 1832. Sir, From the accompanying documents, which have been prepared for the information of His Excellency the Lieutenant Governor, it will appear, that the original reservation of land for the purposes of Edu- cation amounted to 467,675 acres, of which 170,719 acres were alienated by grants to individuals, and in lieu thereof 272,600 acres were appropriated to a similar purpose — giving a surplus over and above the quantity deficient of 101,881 acres. There were also alienated, as a per centage to Surveyors, 19,282 acres. Since the reservation before alluded to, 225,944 acres of it have been re-Invested in the Trox. n, in lieu of scattered Reserves, granted as an endowment to the University of Kind's College, and 60,000 acres have been set apart for the benefit of Upper Canada College ; after which deduction there remains at the disposal of such person or persons as may be appointed for the sale thereof, 258,330 acres. I have the honor to be, &c., GEO. H. MARKLAND. Lt. Col. Rowan, &c. &c. &c. Copy of Letter from S. P. Hurdy Esq.., Surveyor General. Surveyor GeneraPs Office^ York, mhbec, 1832. Sir, In obedience to the commands of His Excellency the Lieutenant Governor, to furnish a statement of the School Ljinds, agreeably to the Address of the House of Assembly, — I have the honor herewith to transmit to you a Return of the School Land«, shewing the original townships reserved, the number of acres alienated, the lands appro- priated in lieu thereof, the Surveyors' per centage, the number of acres set apart for Upper Canada College, and the quantity which remains disposable. I have the honor to be, &c. &c., S. P. IIURD, S. G. To Lieut. Col. Rowan, Secretary to His Excv. the Lt. Gov. &c. &c. 46 ACRES. The original School Townships of Alfred, Plan- tagenet, Bedford, Hinchinbroke, Sheffield, Seymour, Blandford, Houghton, Middleton, South wold, Westminster, and Yarmouth, were computed at 549,216 acres, but actually con- tained 467,675 Alienated from the above, for Surveyors' per centage.... 19,282 Alienated by grants to individuals •.... 170,719 The Townships of Java, Luther, Sunnidale, Os- prey, Merlin and Proton, made School Town- ships in lieu of the above alienations, contain. 272,000 Also reserved in Township of Warwick. ...... 600 740.275 Re-invested in Crown, in lieu of lands granted to the University 225,944 Re-invested in Crown, in lieu of lands granted to U. C. College 66,000 481,945 School Lands, Disposable acres, 258,330 S. P. KURD. Memorandum o{ Lands granted to the Upper Canada College 66,000 acres. 25,000 acres in Seymour. 18,969 acres in scattered lots, for which a like quantity is re- invested in the Crown in the township of Seymour, 5,000 acres in the township of Blandford. 12,000 do. do. of Java. 5,031 do. in scattered lots, for which a like quantity is re- invested in the Crown in the township of Merlin. 66,000 acres. Memorandum of Lands granted to the University unfler Patent Deed 225,944 acres. IP 46 Memorandum of Lands alienated to Individuals : 25,140 acres in the Township of Alfred. 40,000 do do Plantagenet. 2,680 do do Bedford. 22,600 do do Hougiiton. 30,900 do do Middleton. 40,725 do do Southwold. 40,725 do do Westminster, 7,0S4 do do. ......Yarmouth. Alienated in these five Townships: — 102,906 acres. 170,726 acres. Memorandum : Alfred and Plantagenet were thrown open for general location under Governor Gore, containing ahout 65,000 acres, which amount is in- cluded in the 170,719 alluded to, leaving 105,719 which have been taken from the original School Townships. University 225,9'14 U. C. College 66,000 Acres 291,944 Original intention 549,2 1 7 Deduct , 291,944 Acres 257,273 APPENDIX. Monday^ \Sth June^ 1798. Prayers were read. The Proceedings of Saturday last "were read. Mr. Solicitor General in his place informed the House, that His Honor the President had given to him in charge a written Message communicating to the House His Majesty\ Most Gracious Pleasure respecting the Address of the two Houses of the Parliament of this Province to His Majesty during the last Session relative to the Esta- blishment of Grammar Schools and an University in this Province ; which being delivered to Mr. Speaker and he and the House standing up uncovered the same was read by Mr. Speaker in the following words, to wit : A Message from the President to the Honorable the Legislative Council and the House of Assembly. Peter Russell, President. The President has great satisfaction in being authorized to com- municate to the Legislative Council and House of Assembly that His Majesty has been graciously pleased to take into His Royal Con- 47 jgislative [1 to com- mbly that )yal Con- s'ulcration their Petition humbly imploring His Miijcsty that he would be graciously pleased to direct His Government in this Province to appropriate a certain portion of the Waste Lands of the Crown as a fund for the Estahlishment and Support of a respectable Grammar Scho')l in each District thereof, and also of a College or University fur the Instruction of Youth in the different Branches of liberal know- lodge : and being always ready to shew his Paternal regard for the welfare of His Subjects in the furtherance of so important an Object OS the Instruction of Youth, and to assist and encournge the Exertions of His Province in laying the foundation for promoting sound Learn- ing and a Religious Education, he has condescended to express His Most gracious Intention to comply witu the wishes of the Legislature of His Province of Upper Canada in such mimner as shall be judged most effectual, ^r«f, by the Establishment of free Grammar Schools in those Districts in which they are called for, and in due process of time by establishing other Seminaries of a larger and mor*^ compre- hensive nature for the promotion of religious and moral Learning and the study of the Arts and sciences — with this view the President is directed to consult the Members of His Majesty's Executive Council and the Judges and Law Officers of the Crown in Upper Canada— and report to the Secretary of State in what manner and to what ex- tent a portion of the Crown Lands may be appropriated and i^endered -^reductive towards the formation of a fund for the above purposes out of which His Majesty may, according to His Pleasure, allot such Salaries as he shall judge proper for School-masters of such free Schools, who are to be appointed by His Majesty's Governor or the person administering the Government within the Province for the time being, Subject to His Majesty's approbation signified thro' one of His Principal Secretaries of State. On the motion of Mr. Solicitor General, seconded by Mr. Robin- son ; Resolved, that it is the duty of this House to vote that an Ad- dress be presented to His Majesty for having been graciously pleased to take into His Royal Consideration their Petition for the Establish- ment of Grammar Schools in this Province. On the motion of Mr. Solicitor General seconded by Mr. Robin- son Resolved that this House do request the concurrence of the Le- gislative Council in a joint Address of Tlianks to His Majesty for having been graciously pleased to take into His Royal Consideration their Petition for the Establishment of Grammar Schools in this Pro-^ vince. On the motion of Mr. Solicitor General seconded by Captain Fraser, Ordered, that Mr. Rodgers and Mr. Beasley be a Committee to communicate the preceding Resolution to the Legislative Council accordingly. 48 A Message from the Legislative Ci/uncil informing this Hut/.io that they cuiicurrcd in the proiK)sal uf a juint Address ol' thunks to lii» Majesty for l)aving been graciously pleased to take into His Royal Consideration the Petition of the two Houses oi (ho Parliament of this Province praying for the Establishment of Grammar Sclvuols, &c. The Committee ap{K>inted to draft, in conference with a Commit- tee of the Legislative Council, an Address to the King's Most Ex- cellent Majesty for His Majesty's most Gracious Answer to the Peti- tion of the Parliament of this Province respecting Grammar Schools, &c., reported that they had drafted .-^n Adrhess accordingly which would be sent down by Mt^^age from the Legislative Council this day. A Message from the LegKHJative Council with the said Acldrcss en- grossed and signed by the Honorable the Speaker of the Legislativo Council. Mr. Speaker reac? the said Address. On the motion o(^ Mr. Solicitor Genersil seconded by Mr. Street-— Ordered, that this House do concur in the said Address. And tlie same was signed by Mr, Speaker accordingly. On motion of Mr. Roger secondetl by Mr. Jessup — Ordered, that Mr. Solicitor General and Mr. Beasley be a Committee to inform the Legislative Council that this House has concurred in the Address of thanks to His Majesty for His Gracious Intentions respecting Gram- mar Schools — and do return the said Address to the Legislative Couricil — and further to in(()rm the Legislative Council, that this House requests that they wouhl appoint a Commii^ee of their House to accompiiny one from this House to wait upon Hii> Honor the Presi- dent, to know when His Honor will receive ll,e two Houses with the said Address. A Message from Council with an Address to His Honor tho President. Mr. Speaker read the said Address. On motion of Mr. Solicitor General seconded by Mr. Rogers — Ordered, that the House do concur in the said Address — and the same was accordingly signed by Mr. Speaker. And then the two Houses of Parliament waited ujion His Honor the President with their joint Addresses to His Majesty, and to His Honor — and thereupon His Honor was pleased to address the two Houses of Parliament, as follows, to wit : Honorable Gentlemen of the Legislative Councily and Gentlemen of the Assembly J I shall take the earliest opportunity of tran'imitting your very Loyal Address to I! is Majesty, » Huu.io kstolii» s lluynl iment of ools, &c. Commit- kfost Ex- the Peli- Schools, \y which jncil thi» Idress cn- ?£;islalivo Street— jrefl, that nform the id(iress of ng Gram- Bgislative that this }ir House he Presi- ; -with the [onor the Rogers — — aud the Honor the ;Ii» Honor ro Houses rentlemen your very