IMAGE EVALUATION TEST TARGET (MT-3) 7 /. i^ y^ 1.0 I.I 1.25 1^ IIIIIM 1^ 1.4 III 2.5 I 2.2 2.0 1.8 1.6 150mm ■> V > /; / ^^ c>^> /APPLIED J IIVHGE . Inc j^s 1653 East Main Street .^= 1 Rochester, NY 14609 USA J=r.= Phone: 716/482-0300 .^-.= Fax: 716/288-5989 © 1993. Applied Image. Inc . All Rights Reserved ^\ % \ \ <2> \ i. "O v\ > /.i CIHM Microfiche Series (l\/lonographs) ICMH Collection de microfiches (monographies) Canadian Institute for Historical Microreproductions / Institut Canadian de microreproductions historiques I ^^ Ttchnical and Bibliographic Notes / Notes techniques et bibliographiquet The Inititute has attempted to obtain the best original copy available for filming. Features of this copy which may be bibliographically unique, which may alter any of the images in the reproduction, or which may significantly change the usual method of filming, are checked below. L'Institut a micro! ilmi le meilleur exemplaire qu'ii lui a iti possible de se procurer. Les details de cet exemplaire qui tont peut-4tre uniques du point de vue bibliographique. qui peuvent modifier une image reprmluite. ou qui peuvent exiger une modification dans la methode normale de f ilmage sont indiquis ci-dessous. D Coloured covers/ Couverture de couleur Covers damaged/ Couverture endommagte □ Covers restored and/or laminated/ Couverture restauria et/ou pelliculie ns Cover title missing/ titre de couverture manque □ Coloured maps/ Car D D n tes g^ographiques en couleur Coloured ink (i.e. other than blue or black)/ Encre de couleur (i.e. autre que bleue ou noire) D Coloured plates and/or illustrations/ Planches et/ou illustrations en couleur Bound with other material/ Relie avec d'autres documents Tight binding may cause shadows or distortion along interior margin/ La reliure serric peut causer de I'ombre c i de la distorsion le long de la marge intirieure Blank leaves added during restoration may appear within the text. Whenever possible, these have been omitted from filming/ II se peut que certaines pages blanches ajouties lors d'une resuuration apparaissent dans le texte. mais, lorsque cela ttait possible, ces pages n'ont pas M filmies. □ Coloured pages/ Pages de couleur □ Pages damaged/ Pages endommagies □ Pages restored and/or laminated/ Pages rcstauries et/ou pellicul^s Pages discoloured, stained or foxed/ Pages dicotoritt. tacheties ou piquees kjp!JII deuched/ Pages ditachies 0Showthrough/ Transparence Quality of print varies/ Qualite inigale de I'impression □ Continuous pagination/ Pagination continue □ Includes index(es)/ Comprend un (des) index Title on header taken from:/ Le titre de I'entlte provient: issue/ livraison □ Title page of issue Page de titre de la □ Caption of issue/ Titre de dipart de la livraison IMasthead/ Generique (piriodiques) de la livraison Additional comments:/ Cummentaires supplimentaires: There are D some creases In the middle of pages. This item is filmed at the reduciicn ratio checked below/ Ce document est filmi au taux de rMuction indiqui ci-dessous. 10X UX 18X 22X 26 X 30X J 12X 16X 20X 24X 28X 32X t qu'il kcct It dc »ut •9« cation quit The copy filmed here has been reproduced thanks to the generosity of: National Library of Canada The images appearing here are thq best quality possible considering the condition and legibility of the original copy and in keeping with the filming contract specifications. Original copies in printed paper covers are filmed beginning with the front cover and ending on the last page with a printed or illustrated impres- sion, or the back cover when appropriate. All other original copies are filmed beginning on the first page with a printed or illustrated impres- sion, and ending on the last page with a printed or illustrated impression. The last recorded frame on each microfiche shall contain the symbol — ► (meaning "CON- TINUED"), or the symbol V (meaning "END"), whichever applies. Maps, plates, charts, etc.. may be filmed at different reduction ratios. Those too large to be entirely included in one exposure are filmed beginning In the upper left hand corner, left to right and top to bottom, as many frames as required. The following diagrams illustrate the method: L'exemplaire film6 fut reproduit grdce d la g6n6rosit6 de: Bibliothdque nationale du Canada Les images suivantes ont 6td reproduites avec le plus grand soin, compte tenu de la condition et de la nettet6 de l'exemplaire film6, et en conformit6 avec les conditions du contrat de filmage. Les exemplaires originaux dont la couverture en papier est imprimde sont filmds en commen^jant par le premier plat et en terminant soit par la dernidre page qui comporte une empreinte d'impression ou d'illustration, soit par le second plat, salon le cas. Tous les autres exemplaires originaux sont filmds en commenpant par la premidre page qui comporte une empreinte d'impression ou d'illustration et en terminant par la dernidre page qui comporte une telle empreinte. Un des symboles suivants apparaitra sur la dernidre image de cheque microfiche, selon le cas: le symbole — ^ signifie "A SUIVRE" le symbole V signifie "FIN". Les cartes, planches, tableaux, etc.. peuvent dtre film6s d des taux de r6duction diffdrents. Lorsque le document est trop grand pour Stre reproduit en un seul clich*. il est film6 d partir de I'angle sup6rieur gauche, de gauche d droite et de haut en bas. en prenant le nombre d'images ndcessaire. Les diagrammes suivants illustrent la mdthode. 32X 1 2 3 1 2 3 4 5 6 I. A/W SEPAIIATE SCHOOLS IN il \\ p r r (f w n ;i b a , llO^IAN CATHOLIC BISHOPS, ciiiKF supi^rixtkxde:^! of schools BKINO TllK KlllSr rAUI OF Tlii. CORllEfSPONDENCE URDliRIiU TO UE l'ill\Ti:i) lU THE MiGlSL.VilVK .VSSKMliLY. T O R ONTO: >HlVTFn V.Y LOVELI; .^- GIBSON, YONflE STREET. 1855. ■&■' ■» ^#i -m iii^ L A ^W I SEPARATE] SCHOOLS IK Ipfr Canada, ST THt ROMAN CATHOLIC BlSBors, AM' TH- CHIEF SUPERINTENDENT OF SCHOOLS: tfelNO TBE FIRST FART Of TBI CORRESPONDENCE O&CBUSD TO BE PSINTED BT THE LEGISLATIVE ABSEMBLT. TORONTO: t>RINTEb BY LOVELL k GIBSON, YONOE STREET. 1855. \.- No " 7 n i I'ONTKNTS. ->o 1, I'rovi.iuus ol the I!/-• . 1' I 1 • r. 1 I anil nll;4HC'8.liv holdmg 01 the first meetmg lor the election of trustees ot oacli such sep- uiio v.c. ui.j arate school or schools, as is provided in the fourth section of this act for holding the fust school meeting in a new school section: I'rovidcd iindcr rsiup always, that each such separate school shall go into operation at the same Wcrtioil" w.d"^ time with alterations in school sections, and .shall be under thr- ^mcns'n'runou'"''" regulations in respect to the persons for whom such school is pei n.itod to be established, as are common schools generally: Provided secondly, Mannprofpioct- that none but colored people shall be allowed to vote for the election ofxin-ii soparatp - , 1 1 r .1 ■ 1 .1 1 1 , 1 school sectious, trustees of the separate school Jor their children, and none but the par- ties petitioning for the establishment of, or sending children to, a separate Protestant or Roman Catholic school, shall vote at the election of trus- tees of such school : Provided thirdly, that each such separate Protestant, Apportioning or Roman Catholic, or colored school shall be entitled to share in the ramo"m?o S't o" [school fund] according totheaverage attendance of pupils attending each rs^hMrfm^'-' such separate school, (the mean at*;endance of pupils for both summer g^^p?^°a„j., and winter being taken,) as compared with tFle whole average attend- "'^■''•"'*''-*-J ance of pupils • ttending the common schools in such cit}', town, vil- lage or township : Provided fourthly, that no Protestant separate school condition of shall be allowed in any school division except when the teacher of ^^e "^''^'^*^**"'" IIIIUIPJIIU JIL^NI -TTfawTT.-wt .-er- rommon scIukiI is .i Roman Cfifholio, nor shnll any Romnn Catliolic sopar.'itc school he ,il!o\v(i(l i'xcc|)t wlwii tli(r tnirlicr of tho cortrnon scliool PK)vi«. n- tn JM :i ProloHtnni: IVovidtiii fifthly, that the trustees of tlin cnmtnon school Hcofions within tho hrnits of which sue.h s/p.'irnte xehool section or wc- tioMs shnll lnv« In-en formed, shiill not iiKihide the children Jittcndin;» Hurdi sepnriite ^cIdoI or schools, in their nlnrn of chililrtn of school age rcKiJ.'iig iu their school sections. f'rarwnhlc. ,:lth and Hth Separate school in each wanl or union of wards, it, option ol ap> pUoantt. Proviso; ( oniliUonB of mtftblishmftiit muiio m luircto fore. Separatk Sciiooi, Act of 1851, 11 i^' 15 Vic, Cap. 111. An Act to define and restore, certain rights to parties therein mentioned. [Received Roval Aaseitt, 30th August, 18GI.J W II EKE AS it is expedient to remove doubts which have arisen in rcirard to certain provisions of the iiiiictci nfli section of an act passed in the tiiirteenth and fourteenth years of llt;r Majesty's Ueign, and intituled, An Act for the better eslahlishtiient and maintenance of Common Schools in Upper Canada : And whereas it is inexpedient to deprive any of the parties concerncu of rights which they have enjoyed under precedinc; school acts for Upper Canada : Be it therefore enacted, by the Queen's Most Excellent JV^ajesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of the Province of Canada, constituted and assembled by virtue of and under the authority of an act passed in the Parliament of the United Kingdom of Great Britain and Ireland, and intituled An Act to re-unite the Provinces of Upper and Lower Canada, and for the Government of Canada, and it is hereby enacted by the authority of the same, That each of the parties applying according to the provisions of the said nineteenth section of the said act shall be entitled to have a separate school in each ward, or in two or more wards united, as said party or parties shall judge expedient, in each city or town in Upper Canada : Provided always, that each such school in its establishment and operations shall be subject to all the conditions and obligations, and entitled to all the advantages imposed and conferred upon separate schools by the said nineteenth section of the said act. v-A Supplementary School Act of 1853, 10 Vie., Cap. 185. [Received Royal Assrnt, 14th June, 1863.] gfparoteschoob IV. And be it enacte^, that in all cities, towns and incorporated l"d*itofun°*' villages and school sections, in which separate schools do or shall exist *^*""*"*'" according to the provisions of the common school acts of Upper Canada, nersons of the religious persuasion of each such separate school sending children to it, or supporting such school by subscribing thereto annually liornfin Cafliolic ocotmum sclirnd common school »l NPction or sec lilditiii .'lUending en ol" school age rein mentioned. Oth Angust, IB&l.J li liavp arisen in cction ol an act Majfisfy's Uoign, I iiuiintenfincf of is inexpedient to ley have enjoyed hcrefore enacted, the advice and Assembly of the lie of and under United Kingdom ile the Provinces •/ Canada, and it ich of the parties section of the said ard, or in tvpo or xpcdient, in each ?ach such school xll the conditions ed and conferred the said act. :Jap. 185. t,]4tb June, 1868.] and incorporated i do or shall exist t)f Upper Canadu, te school sending thereto annually ati amount equal to the sum which each such pcrsoti would be liable to pay (il'such scpiriitc schuo! Jid not (.'xisi) or» any iis'cssinpnt tooljfaiii llin iuiiiiiat conimon school grant for each suci) city, town inrorporatcd viihiyo or township, shall be cxomritiul iVoiii llio payiniMit of all ratfs impnstd fur >''ipi.firi<>ni to n^ the support of tlic couunon putdic scIiooIh of each such city, town, incor-"'""""""^'"'"' parated vill,i;,'(! or mIiooI section, and of all rates imposed lor the purjwso of obtaiiiin]!r tluf lo-^islalive coniinoii school grant for such city, town . incorporated village or townshij) ; and each such separate school shall share To simr.- in ir. in such legislative common school grant only (and not in any school money Nmll'lmomiji. n raised by local inunieipal assessment) according to thi.' average attcn-^ ' "' dance of pupils at tending each such separate school, (the mean attendance of pupils lor winter and summer being taken) as compared witli the wholo average attrndance of pupils attending the common schools in each such city, town, ineorpornted village or township; and a certificate of t|ualifi- catioii, signed by the majority of the trustees of each sueh separate school, shall be sufTicient lor any teacher of such school ; Provided always, firstly, r.ovNo. u\. En. that the exemption from the payment of sucii school rates, as herein pro.r;3',i;;;i!.XM,( vided, shall not extend beyond the period of such persons sending chil-ai.'"'""'""'''''"" dren to or subscribing as aforesaid (or the support of such separate school ; nor shall such exemption extend to school rates or taxes imposed or to be imposed to pay for school houses, the erection of M'hich was underta- ken or entered into before the eslabiishmenl of such separate school ; Provided secondly, that the trustees of each such separate school shall, 2.1. n«if.,vn,rir on or before the thirtieth day of June, and thirty-first day of December Jul^irulwldeni. of each year, transmit to the local superintendent, a correct return of the names of all persons of the religious persuasion of such separate n^t„m of m,r- school, who shall have sent children to, or subscribed as aforesaid for Ss'.m7«;rml^^^^^ the support of such separate school during the six months previous, and "'''""' "'""'■ the names of the children sent, and amounts subscribed by them respec- tively, together with the average attendance of pupils in such separate school during such period ; And the superintendent shall forthwith make suprrintondert, a return to the clerk of the municipality and to the trustees of the school mwlnTstein'or section or municipality in which such separate school is established, sta-""'"""''*'"^" ting the names of all the persons who, being members of the same reli- gious denomination, contribute or'send children to such separate school, and the clerk shall not include in the collector's roll for the general orKiTectofsuch other school rate, and the trustees or board of trustees shall not include ''*'"™' in their school rolls, except for any rate for the building of school houses Exemption from undertaken before the establishing of such separate school as herein'*'** mentioned, the name of any such person as appears upon such return then last received from the said superintendent : And the clerk or other sop^ratc school officer of the municipality within whica such separate school is estab- S'tVaUw-* lished, having possession of the assessor's or collector's roll of the said ""* '^"' munieipallty, is hereby required to a'low any one of the said trustees, or their authorised collector, to make a copy of such roll as far a? it shall ■i f .l.i— Prnalty for i:ii'i rmuns. ith — Srpamtr' tvu'itrt's (o bo a c vrporatimi, Siiiip powers to "ivy aiiil fdllici r'.te.s I'l'oin Mip. porters xs tni-i- ti'c.iof puljliu nth— Fovppoins provisions to li^tvo elte«;t Irom viuuary, lK5;l. Slh— Snpnratists (lOt to vote I'lir coinmon schuol trustees. i*ul)!icscliool hilf-yparl.v ro- t'lriis to local KU]H:rinteudeiit, Ponftlty for oinisjioutudoso, I'roviso. relate to their school section ; Provided thirdly, that the provisions of the thirteenth section of the i-aid Upjior Canada School Act of 1850, shall apply to the trustce*aiid teachers of separate schools, the same as to trustees and teachers of other common schonls: Provided fourthly, tliat the trustees of each such separate school shall be a corporation, and siiall have the same power to impose, levy, nnd collect school rates or subscriptions upon and from persons sending children to, or subscribing towards the sujiport of such separate school, as the trustees of a school section have to impose, levy and collect school rates or subscriptions from persons having pro- perty in such section or sending children to or subscribing towards the support of the common school of such section : Provided fifthly, that the foregoing provisions in this clause shall take effect from the first day of January, one thousand eight hundred and fifty-three, and shall extend to the separate schools, established or intended to be established under the provisions of the Upper Canada Common School Acts ; Provided sixthly, that no person belonging to the religious persuasion of such separate school, and sending a cliild or children thereto, or subscribing towards the support thereof, shall be allowed to vote at the election ol any trustee for a public common school in the city, town, incorporated village or school section within the limits of which such separate school shall be situate. "V. And be it enacted, That the trustees of each school section shall, on or before the thirtieth day of June, and the thirty-first day of Decem- ber, in each year, transmit to the local superintendent, a correct return of the average attendance of pupils in the school or schools under their charge during the six months then immediately preceding ; nor shall any school section be entitled to the apportionment from the school fund for the said six months, the trustees and teacher of which shall neglect to transmit a verified statement of such average attendance of pupils in their school or schools ; Provided always, that nothing herein contained shall be construed to repeal the provisions of the thirty-first section of the said Upper Canada School Act of 1850. Aft 2. The Chief Superintendent to the Honorable Inspector General Hinch. Explanatory remarks on the proviaions of a draft of bill relating to Separate Schools. (4th section of (he Supplementary School Act of 1853.) |Tro.658,G.] [Extract.] Education Ornci, Toronto, 26/A August, 1853. u * 4th Section. This section is designed as supplementary to the 19th section of the Comrr.ou S.hool Act in regard to separate schoo!,'3. Tua most siuiplc, ami provisions of the ri 850, sliall apply as to trustees and at the trustees of iill have the same •iptious upon and Js the sujiport of I liave to impose, ;ons having pro- )ing towards the d fifthly, that tlie n the first day of id shall extend to dished under the Provided sixthly, of such separate scribing towards on of any trustee jrated village or e school shall be ool section shall, St day of Decem- a correct return lools under their ig ; nor shall any 3 school fund for shall neglect to mce of pupils in herein contained y-first section of pector General (4th section of (he ugust, 1852. ! 19th section of nost simple, aiul 5 perhaps th? most sr^tisfacfory mode of silLMioiiig clamor o-i tlio p^M't of parllc- )_namdy, to relieve the parents and guardians sending children to them, from paying any school tax what- ever, and thmi allowing (hen. to shai'o with the other .school., aocoj-din- to avera-e attendnnce in the snme municipality in the legislative school grant akme. In cale such a i.rovision were adopted: 1. There ^vould be no provision in the school l,iw requ.rmg a public municipal tax for denominational school.s, and all oppo..ition and clamor against it on that g.ound would cease. 2. Tiiere could be no complaint from any quarter that the supporters of a separate school paid more or Ics.s in school taxes than they received from the school fund. S, All the inhabitants of a mmv- cpality except those who might choo.se to send children to the separate .schoo' could proceed with their school interests as if no ofher class of persons were .■, existence. 4. The teachers of separate schools might be relieved from anpearin- before the County Board of Public Instruction for examination, and ti.us the la^t vestige ot pos.sible agitation between the supporters of sei)arate s( .Is and the municipal authorities, in relation to the subject at all, would be removed. If on the other hand, the clau.^e, as cxpresse.l in the text (a) is preferred, then all teachcr-i of separate schools should be rcpiired to appear before the Countv Board of PubM- Instruction fbr examination, the same as other teachers of common school," ; for 1 hold It as a sacred principle of municipal right, that no municipality should be required to assess and collect money for the support of teachers who.sc qualifications to teach are not attested by a hoard appointed by such municipality. Before anv such board there is no examination as to religious doctrines or laiowledge Tlie certificate of the priest, clergyman, or minister, of the religious persuasion to wh^cH each candidate professes to adhere, is taken by each county board as the guarantee for the religious qualifications of such candidate. It will be observed, that in this (4th) section, I do not propose to specify the manner in which persons exempted from school taxes shall be returned or ascer- tained; for if anyone mode bo specified, it will be abused by scores of persons merely with a view of avoiding the payment of any scliool tax. I therefore propose to leave it a matter of instruction as to the mode of carrying this as well as every other provision of the law into cfr.:;ct, so that that kind of in.spection can be employed that will prevent imposition or abuse. Then the section does not, any more than the 19th section of the existing law, give the persons who petition f:;r, and send children to the separate school, control over al) the Roman Catholics or Protestants of the municipality ; but only over those of the persuasion of the separate school who choo.se to suj)port it. But I find that the very mention of a separate column on the ta.\ roll, for a separate school, excites a hostility and feeling tlmt you can hardly conceive. 1 find very fcW^ others feeling as indulgent as I do in such matters. But I am apprehensive (hut so;no muiiicipulitics would refuse to kvy any school assessment whatever under sucli circumstances; and probabfy b;)ard3 of school trustcey would feel .still more shvnjily, many of thoir members would sooner go to prison 6 than be instruments of collecting moneys for the support of papal schools ; and Roman Catholics would loudly exclaim against being tax-assessors and tax-collectors for the support of Protestant schools. The proposition of a separate column on the tax roll, for the support of separate schools, would give an immense advantage to all opponents of separate schools : but the 4th section in the accompanymg^draft of bill, as proposed in the margin {h) will, 1 think, give all that can be reasonably asked by any person in support of denominational schools, and will extinguish all agitation on the subject, yet reciuirc such conditions, returns and in^^pection in connexion witli separate schools as will prevent abuses upon the school grant. It may be objected that should persons at one time sending children to a separate school, afterwarus wish to send them to a common school, they should be required to pay the taxes ■>t lean for the erection of the school-house from which they hud been exempto^; but this would oppose an obstacle U their coming back to the public school; aud i would wish to leave the door as wide open as possible for that purpose. J may add that the subject of this fourth section has deeply exercised my mind. The part of tlie section as proposed in the margin {b) occurred to me ailer that m^ the parre («) was transcribed; and I think it is the nearest approach to the solution oi the difficulties connected with separate schools, if they are allowed to exist, that has vet been proposed. „,r,.„c.rMVT (Signed,) E. RYERSON. The Honorable Fkancis IIincks, M. P. P., Inspector General, Quebec. I f ^ Original draft of the Uh section of the Supplementary School Act of 1853. (a) Section as in Text. {h) Marginal Section. IV. And be it enE--;ted, That IV. And be it enacted. That in all cities, towns, in all cities, towns, incorporated incorporated villages and school sections, in which villages and school sections in separate schools do or shall exist, according to the which separate schools exist, provisions of the 19th section, of the said act, 13th "according to the provisions of and 14th Vic, chap. 4S, parents or guardians of the the 19th section of the said religious persuasion of each such separate school 13th and 14th Vic, chap. 48, sending children to it, shall be exempted from the all parents or guardians of the payment of all school rates for the support of the religious pers'uasion of such common public schools of each such city, town, separite school, and sending incorporated village or school section; and each children to it, shall be exempted such separate school shall share in the legislative from the payment of all school common school grant apportioned to each such rates for the support of the city, town, incorporated village or township, (but common public schools of such shall not share in any school money raised by local city, town, incorporated village municipal assessment,) according to the average or school section, beyond the .°.ttendancG of pupils .ittending each such sei)arfxte amount of rate which shall hfi school (the mean attendance of pupils for summer reciuircd to secure the payment and winter being taken), as compared with the )apal schools; and s and tax-collectors irate column on the lense advantage to !ompanying draft of be reasonably asked iniuish all agitation n in connexion with It may be objected school, afti^rwards ;d to pay the taxes ad been exempted; ubiic school; and I purpose. ■ exercised my mind, to me after that in ach to the solution of ved to exist, that has E. RYERSON. oolAdof 1853. Section. at in all cities, towns, ool sections, in which xist, according to the I of the said act, IStii its or guardians of the such separate school e exempted from the or the support of the each such city, town, )ol section; and each lare in the legislative rtioned to each such lige or township, (but I money raised by local ording to the average ng each such sej)arate J of pupils for summer as compared with the of the annual legislative school whole average atter mce of pupils attending th- grant apportioned to each such common schools in each such city, town, incoipo- municipality or school section : rated village or township; and a certificate of Provided always that such ex- qualifications signed by the bishop or other ecclcsi- emplion from the payment of astical head of the religious persuasion of such the ordinary school rules spe- separate school, shall be suOicient for any teacher cified, shall not extend beyond of such separate school : Provided always— first, the period of the existence of that the exemption from the payment of school rates a separate school in each such as herein provided, shall not extend beyond the city, town, incorporated village period of such parents or guardians sending chil.i- ■or school section, or beyond the ren to sucii separate school : Provided— secondly, period of such persons send- that the trustees of each such separate school sha!!'. mg children to it, or of their on or before the thirtieth day of June and thirty-first being liable to be rated for its day of December of each'year, transmit to' their support : Provided likewise,— local superintendent, (verified by the o;i!h of their that the provisions of the 13th teacher, before a magistrate,) a list of the name, section of the said act, 13 & 14 of all persons of the religious persuasion of such \ic., chap. 48, shall apply to separate school, who shall have sent children to the trustees and teachers of such separate school during the six months previous, separate schools the same as to and the names of the children sent by them respec- trustees and teachers of other tively, together with the average attendance of th- common schools. pupils in such separate school during such period : Provided— thirdly, that the provisions of the 13;h section of the said act, 13th and l4th Vic, chap. 48, shall apply to the trustees and teachers of separate schools the same as to trustees and teachers of other common schools; Provided— fourthly, that the trustees of each such separate school shall be a corporation, and shall have the same power to Iev\- and collect school-rates or schod-rate bills from persons sending children to sucli .separate school as the trustees of a school section have to levy and collect school- rates or school-rate bills from persons sending to the common school of such section : Provided— fifthly, that no person sending a child or children to a separate school shall be allowed to vote at the election of any trustee for a public common school in the cily, (own, incorporated vilhige or school section within the limits of which such separate school shall be situated. 8 H «• " ! . |. I > f I No. 3. The Chief Superiniendent to the nonorable Inspector General Hincks. Explanatory Rcm«rkB on the Sections of a Dm(t of Bill relating to Separate Schools, Jo -menJ .oction 19 of Explanatory Rc^^^^^^ ^^^^^^^ ^^^ ^^ ^^^^^ ^^ ^^^^.^^ ^ ^^ ^^^ Supplementary bcl.ool Act of 1S53. [Ex/rrtc<.] Education Office, Toronto, Gth September, 1854. The following sections relate to separate schools, and, without undermming our general system, provide for all that even ultra advocates of separate schools, have professed to de.nand, and all -^^at I think the country can be induced to give- 1 think our next step must be, .f further legislation be called lor to take the sound American ground of not providing or recognizing separate schools at all. In this we should have the cordial support of nine-tenths oi the people of Upper Canada ; while in the course now pursued, the more you concede, the more you contravene the prevalent sentiment of the country, and the greater injury you are mfl.etmgupon the great body of the parties for wli. m separate schools are professedly demanded, but who have not, as far as I am aware, any safe and adequate means of speaking forthemselves, or of even forming a judgment. , , ^ ,. These three sections relieve the trustees of separate schools from making any return or including any item in r.ny return whatever, not required of other trustees ; leave the applicants for separate schools to do any thing or nothing, as they please ; but do not permit them to make the municipal council their school tax collector, nor give them the legislative school grant except in proportion to the average number of children they teach. ^^.^^^^^^ ^ RYEllSON. Proposed Sections relating to Separate Schools. VI. x\m\ be it enacted, That so much of the fourth section of the act Rc„oaiofp»rt.f IG Vie., chap. 1S3, as requires each supporter of a separate school to ,6 Vic.o.i«5.a...^^l^^^^.^^ or pay a certain sum in order to be exempted from the payment ofowipitiononof the public school ratcs, and so much of the said section of said act as ;;^!Sr«o"oois requires the trustees of a separate school to include in their semi-annual ^"o'aAr^oimt. letnrns a statement of the names of the children attending such school. Ana on trustees or of the names ofparents or guardians sending children to such school, or im7m"l"of the sum or sums subscribed or paid by each of the supporters of such I" """ school, shall be, and is hereby repealed : Provided always, that the sup. porters of a separate school or schools, in order to be entitled to exemption s.un.o"?ters of from the payment of any public school rates for any one year, as authorised Spul.it-"- by the said 4th section ofthe actlO Vic, chap. 185, shall, o.: .r before the raSrimV' first day of February of such year, communicate in writing, with their boforo ut itib. • ., . ,, IK „f j),p nai'iicinalitv in vvhich names ana places t;i rcaiaencr, v> lO'- • i-i^ ■•• i--- -iu..! ^ such separate school or schools are situated, a declaration to the effect, that they are supporters of such separate school or schools. inspector General o\», to amend section 19 of hool Actof 1853. September, 1854. witliout undermining s of scpnvate schools be induced to give- ailed lor, to take the lie schools at all. In ile of Upper Canada ; nore you contravene ou are inflicting upon yrofessedly demanded, te means of speaking ols from making any red of other trustees ; thing, as they please ; hool tax collector, nor ) the average number E. RYEIISON. ! Schools. lurth section of the act a separate school to [)ted from the payment 1 section of said act as le in their semi-annual attending such school, Idren to such school, or the supporters of such i ahvnyp, that the siip- )e entitled to exemption one year, as authorised ), shall, c;; ^r before the in \vriting, with their municipality in which lolaration to the effect, il or schools. 9 VII. And be it enacted, That the trustees of .separate schools elected Vnim of trm I r 1 1 <. ■ • TT Vr-i 1 I 11 1 tci'H of sppareto m each ot the wards oJ anv city or town m Upper Caiiana, sliiill have m ihion h, ntica 1 • • 1 ■ 1 ' • 1 • ... . /. umllowuil. authority to unite, during their pleasure, into one joint board of trustees for the management of the .several .separate schools in such city or town. V1!I. And be it enacted. That the Chief Superititeiidont of Schools niiinfsnpprin. for Upper Canada .shall have authority to determine the proportions (if the tr'm'ii'i'o propor. legislative school grant which may be payable respectively, aceordinj^ til!' ('inuit't,')'^ to law, to public and separate schools ; and shull have authority to pay the ''' '^"'' " "'' "^ * sums thus apportioned in such manner as he shall jud<;e expedient, upon the condition.s, and at the time i)re,scrihed bylaw: I'rovided ahvay.'*, that such returns shall be made to him, and in .such manner by all p;irties concerned, as he shall require, to enable him to decide upon the amount and payment of said sums. Ko. 4. The Chief Superintendent to the Roman Catholic Bishop of Toronto. Comparison of the School Laws of Upper and Lower Canada regulating Separate Schools. [No. 1«7. M.] Education OmcE, „ ^ Toronto, iO^A August, lSo4. My LoRn, During some months past, your Lordship has been pleased Several times to attack me personally by name— attacks which have been often reneaK^d and variously enlarged upon by the newspaper organs of your Lordship.' On two occasions especially, once in Lower Canada, and once in Upper Canada, vou have charged me with " ftilsehood." The former of these attacks was made by you on the occasion of a "Catholic Institute," at Quebec, presenting an address to your Lord^'hip, and in which Mr. Cauchon, M. P. P., took a part, under the smilin" approbation of your Lord.ship. This proceeding was first rejiorted in Mv. Cauchon s paper, Le Journal de Quebec, and afterwards translated for, and published in, the Catholic Cidzeu, of Toronto, the 22nd of June. The latter of your Lordship's attacks was made in an address to a "Catholic Institute " in Toronto, and reported m the Catholic Citizen of the 20th July. I am quite aware that these attacks upon me, in connection with the provisions of the law in regard to separate schools, were desi^^ncd to influenc-e the recent elections; and for that very reason I thought it proper not to notice them until after the elections— that your Lordship might have every possible benefit of them, and that I might not give the slightest pretence for a charge that I interfered in the elections. Indeed, at no period during the last twenty-five years, have I electioneered for or ngains'^t any candidate w^hatever. I have at difTo.rent tiw.pt, rsnccijilly durin-- the many years that I was an editor of a weekly pap-r, earnestly discussed great principles of government and civil rights, but in the ap^jlication of those principles I !' h! 10 for or against any particular candidate at an election, I have taken no active part, not even so much as to give an advice in any instance ; nor can any man truly charge me with doing so. }3ut as that reason for my silence no longer exists, and as my silence seems to have been mistaken for an inability to answer your Lordship's statements and imputations, in consequence of which, one or two respectable journals in Lower Canada, have been led into the error of supposing that there was some ground for your Lorilsliip's charges, I will briefly reply to them. In my last annual report, I stated that supporters of separate schools in Upper Canada occupy the same position in respect to the public schools as do the supporters of separate schools in Lower Canada. Your Lord5;hip charges me with the "direct assertion of falsehood," with asserting the "reverse of truth" on this subjjct. Before noticing your Lordship's charges in detail, I may remark that when public men have said that they will advocate granting the same privileges to the Catholics in Upper Canada as are enjoyed by i'rotestants in Lower Canada, they are quite right, and say no more than 1 have said from the beginning — no more than I have sincerely intended — no more than each succeeding administration has intended— no more than the late Attorney General (now Judge) Richards believed was fully secured to them by the Supplementary School Act for 1853; for after he and 1 had gone over the several clauses of the fourlk section (relative to separate schools) of the supplementary school bill, he asked me if the supporters of the separate schools were now placed on the same footing in Upper Canada as in Lower Canada ; I replied I believed they were in every respect— that in some particulars there was a difference in the mode of proceeding in the two sections of Canada, arising from the existence of municipal councils and assessments in Upper Canada, and the payment of all school moneys by county and town treasurers, which did not exist in Lower Catiada— that in regard to these peculiarities, nothing was required of the trustees of separate schools, which was not req"'red of trustees of public schools, with the siii-le exception that in the semi-annual returns of the former the names of cliiliJren and their parents or guardians were included, with the amounts of tlieir school subi^cripnons, in order that it might be known wliom to exempt from the payment of public school taxes. Bui I desired the Attorney General to examine for himself the provisions of the two laws in regard to separate schools. At his request, 1 took the school law of Upper Canada as existing and as proposed, and he took the school law of Lower Canada, and went over the provisions clause by clause relative to dissentient schools, while I referred him to the cori-esponding clauses of the school law of Upper Canada; and after he had finished, l^ said the equality in the two eases was perfect, and he was prefjared to defend it. After this examination, and wiih this conviction, the Attorney General, with the concurrence of his colleagues, brought the bill before the Legislative Assembly, and it was passed— after which, and for several months, your Lordship's newspaper organs boasted of it as subverting the foundation of our public school system, which your L< rdship had so fiercely denounced, and would soon secure its overthrow. This turns out to have been a great mistake— our school system is neither shaken in its foundations, nor impeded in its progress ; and now your Lordship manufactures new charger, against 11 ken no active part, can any man truly ny silence seems to ip's statements and journals in Lower as some ground for itc schools in Upper i as do the supporters me with the "direct 1 this suliject. r remark that when ne privileges to the Lower Canada, they ming — no more than administration has ;) Richards believed ix 1853; for after he (relative to separate le supporters of the r Canada as in Lower in some particulars sections of Canada, nts in Upper Canada, isurers, which did not nothing was required of trustees of public rns of the former the d, with the amounts of liom to exempt from ;y General to examiue irate schools. At his id as proposed, and he isions clause by clause I'esponding clauses of ^ said the equality iu ?^fler this examination, 3 concurrence of his r, and it was passed — per organs boasted of hich your L' rdbliip had This turns out to have in its foundations, nor is new charger- against school law, and new imputations against myself. I will now quote and answer t. I one by one. ' L Bishop Churhonnel. "In Lower Canada, any number whatever enjoy the right of establishing separate schools, while in Upper Canada it is necessary lor twelve resident heads of families to apply in writing to the municipal council or the buard ot .school trustees in any city or incorporated village." Answer. This is not correct. There can be ,no dissentient school district in Lower Canada, which shall contain Kss than twenty children between the fige.s of five and sixteen years; nor can any dissentient toiiuol be conlinued wKwXi is not attended by "at leust fifleen children." See sections 4, 19. 2G. 27, Act 9 Vic, chapter 27. These conditions are not so easy as those required of the same parties in Upper Canada. 2. Bishop Charhanncl. "In Lower Canada, Protestants exercise, without restriction, the right of establishing separate s(^houls, while in Upper Casiada, persons desirous of doing so must be either freeholders or householders." Answer. Tliis is a mistake. The U^pper Canada School Act specifics "resident heads of families'' without any reference to their being freeholders or householders, and the "parties petitioning for and sending children to a separate school'' elect the trustees. 3. Bishop Churhonnel. "In Lower Canada, Protestants have only to signify their intention of having started a separate school, while in Upper Canada before any proceedings are taken, Calliolics must apply to a Protestant Board, before their school can have an existence." " TImt the right has been bestowed of establishing separate schools, even wliere a Protestant teaches a common school." Answer. This is a mistake. The Superintendent of Education in Lower Canada says, in his otTicial circular, '• The present act authorises the eslablihhnient ol dissentient sciiools only upon the givuud of religious dijvrence, ai.d to the inhabitants only forming the minority.'' "The law relating to coniinoa schools does not recognise independent [Protestant denominational] schools." (2) The Lower Canada School Act (9th Victoria, chapter 27, section 23) authorises the commissioners of each school municipality (the same as a board of school trustees in Upper Canada) "to regulate th. arse of study to be pursued in each school, and to establish general rules for the manage nent of the schools under their care." And in order to eslablihh a dissentient school, the 2(5th section of the same act provides, "That wljenever, in any municipality, the regvlatinns and arrangements made by the school commi;-sioi!ers lor the conduct of anv school, shall not be agreeable to any number whatever of the inhabitants professing a religioits failh different from that of the majority of the inlmbitants of such municipality, the inhabitants so dissen' lent may coilectivcly .sj^nZ/y suck dissent in writing to the chairman of said commissioners, and give in the names of three p. • 12 trustees, clioson bj' them for the purposes of this Act; and such trustees shall have the sanio powers ainl bf subject to the santie dulics as .Sjhuul Couimissioiicrs. but for the management of those schools only which are under their control ; and such dissentient inhabitants may, by the intervention of sucli trustees, establish in the manner provided for other schools, one or more schools, which shall be sul)ject to the same provisions, duties, and supervision," &,c. The '27lh section of the Act provides, that no such School shall receive anything from the School Fund unless it "has been in nctual operation, during at hast eight calendar i/iun'Jis," and 'has been attended by at least fifteen children." By these provisions, it is clenr tliat the dissentients must signify in writint; to the Chairman of the Local School Board their intention to cslablish a Separate School or Schools, the same as in Upper Canada; but they are not entitled to, a Separate School without avowing their dissent from the regulations made by the . very Commissioners to wliom they are required to make the application; nor can they receive any ai 1 from the School Fund without having had a school in operation at least eight months, and attended by at least fifteen children. Anotlier section of another act requires semi-annual returns made by thv n on oath of at least ttco of the trustees of thj dissentient school as to tlie actual number that has attended their school— three conditions, these, and very serious ones too, which are not required of the Trustees of Separate Scho(jls in Upper Canada. 4. Bishop Charhannd. "In Lower Canada, the clergymen of all religious denominations in each municipality arc eligible without any property qualifications to be School Commissioners." Answer. So they may be elected trustees of separate or other schools, or appointed school superintendents in Upper Canada, without any property qualification whatever — without even being residents in the school sections where they are elected, — and even without being British subjects or taking the oath of allegiance. 5. Bishop Charhannel "Protestant Trustees in Lower Canada have the same powers accorded to them as is given to Catholic Commissioners." Answer. The powers of Trustees of Separate Schools in Lower Canada are confined to the dissentients and the schools under their control. It is the same in Upper Canada. 6. Bishop Churhonnel. '' Protestant Trustees in the Lower Province are constiiuted a Corpoiatiun for assessment and collection, and aro entitled to receive from the Chief Superintendent, if they please, the sum proportionate to the dissenting population." Answer. The trustees of dissenting schools are designated by an inferior title to that given the managers of the Catholic schools in Lower Car.ada. I'hey are calle;! "Trustors of the dissentirnt schools in the mnniciprdity," wliile the others are designated " The School Commissioners of the municipality," and are declared to be a corporation under that name. The Protestant schools are not honored with T!;: trustees shall have immiissioaors. but tor r control ; anJ such 2es, establish in the shall be subject to section of the Act School Fund unle^is //lun'Jis," and • has • jlj^nify in writing to istiiblish a Sepamle •e not entitled to. a utions made by the , .pplication ; nor can a school in operation Another section of '* of at least livo of it has attended their 1 are not required of non of all religious operty qualifications or other schools, or )roperty qualification >ns where they are oath of allegiance. inada have the sanje 1 Lower Canada are It is the same in lOwer Province are 3 entitled to receive iiale to the dissenting \ by an inferior title Car.ada. I'hey are \v!;ile the others ar3 and are declared to re not honored with 13 the name of "separate sehooLV' but are designated '•dissentient schools," and the managers are not called "commissioners," but "trustees," in contradistinction to commissioners; and are required to apjdy to the "president of the school commissioners" for any lists of assessments and nnincs uf soljnol rate-payers, «kc., in which they are interested, and to express, "at least one monlh before the first day of January and first day of July, that they are not satisfied wiih the arrangements antecedently made by the school commissioners in said municipality," in order to obtain a release from the payment of school rates to the C^-ithohc "school of such municipality, ami to collect them for the "dissentient school or schools." Nor is it correct to say, that the school fuml in Lower Canada is given to the trustees of a "dissentient" school in a !nunicipality, "proportionate to the dissenting jiopulation." This was the case under the School Act of Lower Canada of 1846; but this provision was repealed by another School Act (12 Victoria, chap. 50), passed in 1849, the 18th section of which provides, that the "dissentient schools" shall be entitled to receive from tiie superintendent a share of the general school fund (that is the legislative grant) bearing the same proportion to tfie whole sums allotted from time to time to such municipality as the number of children attending such dissentient school bears to the whole number of children attending school in such municipality at the same time." Accordingly, in the School Ac" of Unper Canada, passed the year after the passing of the School Act of Lower Canada, just quoted, it was provided that "each separate school shall be entitled to share in the school fund according to the average attendance of pupils attending each such separate school, as compared with the whole average attendance of pupils attending the common schools in such city, town, or township." Thus the basis of distributing the money allotted by the Chief Superintendent to municipalities between the separate and municipal schools, is precisely the same in both parts of Canada. 7. Bishop Charbonnel. " Every facility is afforded to Protestants for the collection oj the sums to which they are entitled. They have the same right of employing the municipal officers or not at their discretion." Answer. The trustees of separate schools have precisely the same rights and the same facilities for procuring the information they may require from the assessor's roll of school tax-payers, as have the trustees of the common schools, and an have the trustees of dissentient schools in Lower Canada, and can employ any person as their collector of the rates imposed by them, who is willing to accept the office, the same as the trustees of common schools. 8. Bishop Charbonnel. "They have the right of receiving a due proportion of the building fund." Answer. The school law of Lower Canada authorises the expenditure of a portion of the legislative school grant in the erection and repairs of school-houses. Tkis is not allowed In Upper Canada, in regard to school-houses of any description. ThD whole of the L--il::tivc sclioo! grant in Upper Canada muit be udcd ia 14 paying the sal.irics of teachers, in which separate schools share eijuully with other schools U|)(iM the satiic principle of (Jistribution as that which is provided by law in Lower Canada. There is, therefore, no school '-building fund" in Upper Canada; and therelbre none for common, any more than for fecpaiate schools. 9. Bishop Chorhnnnel. "Of hiving in Montreal and Quebec only one bonni of six members wholly independent of the other board." Answer, The trustees of each separate school in Upper Canada are constituted a board of examiners, "independent of all other boards" to give certificates of qualifications to their own teachers — a power not given to any other board of truste«;s in any city, town, or municipality in Upper Canaca. 10. Bishop Charhonnel. "Of receiving in these cities a sum proportionate to their population." Answer. 'J'here is no school rate, as such, levied in Montreal and Quebec, The arrangement of paying certain sums out of city funds which is confined to those two cities, and does not extend to any other part of Lower Canada, tells powerfully against the Protestants in those two cities, as they are not allowed to share in the fund according to their property or the taxes they pay, but according to their numbers — which are very small in proportion to their wealth, and therefore small in proportion to what they themselves pay to the fund itself. 11. Bishop Charbonnel. "And still further right of exemption from taxation for the purpose of establishing common school libraries and buildings." Ansioer. The school commissioners themselves in Lower Canada, are not authorised to levy rates for libraries. The supporters of separate schools in Upper Canada are exempt from all school rates for libraries, as well as for the salaries of teachers, and from all rates for the erection of school-houses except such as were undertaken before the establishment of a separate school. Nor are the supporters of "dissentient schools'' in Lower Canada exempted from the payment of any school rates, whether for school-houses or for other purposes, which were levied before they established separate schools. The trustees of separate schools in Upper Canada have the same power, and receive the same assistance, for the establishment of libraries, as do the trustees of common schools. 12. Bishop Charbonnel. " The right is also granted of corresponding with the Superintendent alone, and the right of such large, beneficial and liberal constructions as will ensure the attainment of the objects of the act, and the enforcement of the. several enactments, according to their true intent, meaning and spirit." Answer. The same right exists in Upper Canada in regard to the trustees of separate as well as of public schools, and has never been denied in any one instance. But it is a regulation of my department, that parties complaining should furnish a copy of their communication to the parties ag.-.iRSt whom they complain, and against whom my decision is invoked — and I have adverted to a disregard of tliis equitable and necessary regulation on the part of separate school trustees in the qually with other ovidcd by liiw in I Upper Caiiadii ; Is. 3 only one bonn) ,da are constituted ve certificates of y other board ol' 1 proportionate to real and Quebec, oh is confined to kver Canada, tells re not allowed to ,r,but according to .Ith, and therelbre f. ion from taxation ngs." Canada, are not e schools in Upper for the salaries of cept such as were fire the suoporters went of any school 1 levied before they in Upper Canada s establishment of isponding with the beral constructions snforcement of the. pirit." to the trustees of n any one instance, g should furnish a \av ot\rnn\n\n and i disregard of thi» ool trustees in the 15 city of Toronto,* althon^ri, 1 ,1^ not even delny on that account to recnv.. and answer their communication. Tlie puhlicufion of my c(.rresp„m|cncc witi, thrn,. r.irljcs— and which has been withli-Od in the bishr)p'8 nowspnper organs th;.t l.uvo pciK-fuaJIv assailed me-wou!d furnish a complete refutation of this imjust a,ul Kroumllc^s insinuation. It has also been shown above that tho "divsniticnt mi„ority" in Lower Canada, must previously "correspond." not "wiU. the supoiiiitomh'i.t alone" and not at all with him, but with the Catholic school cmmissio.uTs of the mumcpality as to the establishment of v. "dissentient" school, and must make a protest against, or avow their dissent from, the school re;,M,].tions .nad. by such commissioners, m onler to establish a separate «ohnn! ; and nfterwanis make another written protest in order to be exempted from the pavmont of school rates levied by such commissioners-regulations which said c^nmissioners are not required to communicate to dissentients at all. Should the Roman Catholic school commissioners make no « regulations " to which the Protestants could ohjcct "on the ground of religious difTcrcnce," they could not establish a 'dissentient" school- as every step they take towards the establishment of such school, must be subsequent to the making of school regulations by the commisrsioners ; must be effected by corresponding with such commissioners, and not with the Chief Superintendent; and must contain a protest against, or avowed di.sent from the regulations made by such commissioners. Besides this, each semi-annual re'turn to the Chief Superintendent of the actual attendance of children at the " dissentient school must be made on the oath of at least two of the trustees-a requirement which IS not imposed upon the Catholic commissioners in making their semi-annual returns. Now, were the trustees of separate schools in Toronto placed in such a elation to the trustees of the public schools, and compelled to make every return m oath, without such oath being required of the other trustees, we should then have much more serious and better founded complaints from your Lordsh'p Nor is it unworthy of remark, that no religious denomination in Lower Canada can have separate schools such as are granted to Roman Catholics in Upper Canada In Lower Canada the schools of the majority are denominational, while the schools of the minority are non-denominational-it having been officially and judicially deeded there that the schools of the "di^entients" are for Protestants generally in contradistinction to Roman Catholics, but not for any one denominati;>n of Pro- testants m distinction from others. Therefore the schools of the minority in Lower Canada cannot be used for denominational purposes, while the schools of the miyority are so used universally. 13. Bish^ Charbonnel. "It is again enacted that no corporation shall alienate any portion of property held by it without the sanction of the Chief Superintendent and no such corporation shall cease by reason of the want of school commissioners in any municipality at any time." . ihlT. ^""^ T ^"^ 'T'"""" ""^^'^ *° ''^'' ^" Upper Canada for want of a school, or even for want of members; nor can school pronertv be alienm.d or appTieu to other than school purposes even with the sanction of the" Chief * ^* »"ter to the trustees of Rom.a Catholic Schooto, Toronto, dated lUh M.y, 1854." t6 .,r. ..^ — .. » ■ Su|Hiririteii(l»'iit ; unci .Nrparat« s<^oof corporations in {Jp> iiimla aifi rf«f»onwble to their supportcis ulo/ie, itt t«s;ttid to ull school pw\». , uud not to Ut« ''hief kHU|)ci'iutciidiMit. 14. Such are thn points on ^)i\»'h y""r I.ordship has mulprtfikcn to compnre the school l:uvs of Ui'l'tT and I.ohli I'ai ..'» in r.;^iud (o scpariilt! sclu. ' ■ in ordrr to prove Ihat'l have Jisscrted " rilselu)od.<,'' .and that I have got luw« |iuhm(I which arc unjust and opprcs.-ivo towards tho Unman Catholics; and by moans of such .statements anil rcpicsontations, your Lordship has cndoavourcal to impress public men in Lower Canada with tho idea that you are cruelly oppressetl and persecuted by the school law and its administration in Upper Canada, and thus to sow tho seeds of distrust and dissension between the two sections of United Canada, and invoke the interference of Lower Canada in matters appertaining exclusively to Upper Canada. The intelligent statesmen of Lower Canada will, n(» doubt, be surprised to lind how utterly apocryphal are your Lordship's representations on this subjeet, and liow grossly you have wronged tho people and public mm of Upper Canada by your slatemcnls and appeals. 15. Your Tordship has represented me as having "been compelled to change my deriision ' .i a ni ter respecting vvbich I gave but one decision, and that wiirm<'ly ?nd prompllj . and you have assailed mo with oi.probrious epithets and allusions, when, if t' • correspondence which has taken place between this department and persons acting under your Lordship's direction, were po!)iished, it would be seen who has endeavoured to give the most liberal construction and application of the law, and who has sought to evade its provisions, to embarrass its operations, and to create and multiply causes of dispute ; that if money has not been paid when l4ie law provided for its payment, to whom the delay is justly attributed :— that if (according to the reported proceedings of the board of school trustees for the city of Toronto, this very week) the legislative school grant is promptly and fairly ajiportioned between the public and separate schools in 1854, it is not because the law is different aom what It was in 1853, but because the provisions of the law have been complied with by parties who did not observe those provisions last year. Nor can the fact fail to be noticed, nor its legitimate inference be overlooked, that these disputes between separate and other school truster's, are, as far as I know, confined to tho city of Toronto, and as the noise about the school law has been commenced and perpetuated by an ecclesiastico-political institute, of which your Lordship is the animating spirit, there must be some other cause than anything unjust and oppressive in the provisions of the law in regard to any party. A key to explain much of the ze&l t "^ced by your Lordship is furnished in a remark of Mr. Cauchon's, whose addreistt- , •- ordeh'p seems to have afforded you so much gratification. Mr. Cauchon s; y . " {T> ;i iS ignorant of the fact, that Protestantism is intolerant in its very na -Jio. t will cry out ' • you, be freemen, if you think as we do; if not, be slaves. '.A\h.lj' is for Piutestants." This, it appears, is the feeling your Lordship seeks to inculcate in Lower Canada, in regard 8ee letter to certain Koman Catholic inhabitanta ol at. David's Ward, Toronto, dated 3UlU August, 185». not to 111*' ''hief akcrr to compare 1 scliw ' in order iWH |iitji^<(l vvhicli ly niniiiB of such ;o impress puMic m\ and persecuted tliiH to sow the lited C'anrula, and in}? exclusively to I ill, nf» doubt, be sontutions on this ic men of Upper pellod to change ecision, and that ious epithets and 3e between this were p"!ilished, it construction and , to embarrass its if money has not le delay is justly e board of school B school grant is schools in 1854, it but because the not observe those gitimate inference ol trusters, are, as about the school itical institute, of other cause than ird to any party, is furnished in a to have afforded of the fact, that you, be ireemen, itants." This, it Inn ad**- in recrard 1— , --- -.53 ted oUtli Auguel, 1838. to the reliyion and spirit of the groat n.ajority of the people of T'pper ciili^nd i« sumc.ent to account for your elforts to seek the destruction of our public schu., and school sysn.n. In reply, uii-d.t I not assert as fact, apart fron, theoloj^y, that the essentia prmc.plc and l.tb of Protestantism is liberty, and that no true lVote4ant can be a rel.g.ous persecutor; and that the liberty and right. e„Juyed by li...nan Cathohcs m he Protestant countries of Great Uritain „,ul the United Staten. as con>,,ared with the liberty and rights enjoyed by Protectants in the Itahan States of nH ]r: "^u r ", '''^^ «^«'""'^"tary on the liberality, the modesty, the intelligent, and the truth of the uHsertion, that " Protest M.tisn. is intolerant in L very nature ••' and that " among Protestants, all arc slaves except Protestants " I have only to remark in conchisio,,, that it has not been my object in this cmmun.catH.n to express .n opinion as to whether or not the school law is suscep- tible of amendment or in.provement on the subject referred to. In regard o allegations agamst the school l.av .ul its administration, 1 intimated in my last annual report, that an investigation of them by a government commission or parhamentary comnnttee. would be just to the school system and equally just to all parhes. Your Lordship seems to prefer the mode of making addresses at Institutes n Toronto and Quebec on the subject, to the method of public in.,uiry, where both s^^es can be heard, and where assertions are weighed in the impartial balance of mtelhgence and justice. There is no accounting lor tastes; but as your Lordship has chosen to charge me before popular audiences, and through the newspapers with iiyustice in my official acts, and falsehoods in my official statements, rather han meet me at the tribunal of a governmental or parliamentary inquiry. I have been compelled to write and publish this letter. Whether 1 have acted unjustly towards the Roman Catholics-whether I have not treateoi4iniil!ii«n aoa tha TjotpnTilpt. nf A noma TJolloa i""f TmWi=U«J «»Ti+i4-l«4 " The Common School System, its Princyale, Operation, and Retultt. Toronto : Thompson & Co., printers, King Street East. mrate Schools in prepared by three i I "'!- A. 19* J no iga • ••• lOol B... A. 5. A. 27.— B. 4. A. 22. A. 19.— B. 1. A. 19. nn- hey . ...A. B. Iiere & there. B.4. do. do. do. do. do. do. A. 32. ho cannot have either Hamilton, Loudon, St. Toronto: Thompson >B.. ent lOld md ols, m.. 19 Upper and Lower Canada, and Draft of a School Bill for Umer lioman Catholic Bishops. IN lOWEB CANADA. In any numher whaterer, heads of families or~) not, establish Separate Schools, without Dissenters may- petition to, or authorisation from, persons ■ opposed to them Have Separate Schools even where a Dissenter teaches the Common School .... - A. 26.— B. 18. Separate School Trustees Keep Common School Buildings for them-^ selves, far from being obliged to contribute f to Common School Buildings or Libra- { ries ) Elect for Trustee a Clergyman having no ) ^ property °_ } 'Are only six in Quebec and Montreal, larger I cities than Toronto ,..}" Have all the same powers as the Common ) School Trustees ( Circumscribe their Schools as they like May apply to the Chief Superintendent for 1 any case, and receive from him their shares > A 28 — "R i« in aU School Funds J ' ■^^- i On easy Eeports and Certificates A. 27.— B. 18 According to their population in Quebec and Montreal, and wherever they are pleased with the Municipal Assessment, and Col lecting A. 26. B.6. A. 43. A. 26. B.18. ! If not, they provide for both, and get shares) according to attendance r LCannot be visited by Clergymen of Eome N. B.-A. means 9 Tict., c. 27 ; B. 12 Viet., c. 60. From those liberal clauses working Ubendly, M satisf«ot!on of Pwtert Ats. A. 26, 43. B. 18. A. 33. 20 Preamble, Repeal of bpparate school cluuses. Any number of dissentients luay establish a separate school ;i!ui elect tills- teea. The only efficient remedy to that inveterate wound in a country which wants, above all, union and peace for its progress and prosperity, is to repeal clauses 19 A. and 4 B., Upper Canada; to place separate schools for even thing under only one Oflicial, not opposed to separate schools, and give them an equal share in all school funds. On that principle, and on the legislation of Lower Canada, is framed the following project of a School Bill : An Act to better define certain Rights to parties therein mentioned. WHEREAS the clauses of the school acts on separate schools in Upper Canada do not secure all that is granted to the dissenters in Lower Canada, — I. Be it enacted, That the clauses 19— 13& 14, V., c. 48,— and 4—16 V., c. 185, — be and are repealed. II. That in any school section, when the arrangements for the common school shall not be agreeable to any number whatever of dissidents, those dissidents may signify in writing to the chaiiman of the board of com- mon school trustees^ their will of having one or more separate schools, and give in the names of three trustees, freeholders or not, elected by a majority at a public meeting convened by three heads of families of the same school section, and held according to the clauses 4 and 5 of the School Act of 1850 : Provided that no member of those dissidents shall be allowed to vote at any common school ekction within the school section in which their separate schools shall be established. (So it is in Lower Canada, see 9 V., c. 27, sec. 2G.) III. That the said trustees, by the only fact of the said signification and election, shall [orm de facto a corporation under the name of having all the same rights and powei*s, as defined and extended in common school acts of Upper Canada and in this act, subject to the same duties and penalties as the board of common school trustees, such as defined iu the clauses 12 and 13 of the School Act of 1850, with the ex- ception that they will be exclusively accountable to the only one oflicial appointed ad hoc for copies, reports, «&c. : That board also shall be renewed partly at each annual school meeting, as provided by the clause 3 of the School Act of 1850. (So it is in Lower Canada, see ditto.) IV. That in localities divided into wards, each ward this year within two months after the passing of this act, and every year after, on the second Wednesday of January, shall elect one fit person to be a trustee of one or mwe separate schools, and hold office until his successor be elected at the ensuing year, or himself may be re-elected if he consent thereto ; that those trustees shall form one corporation under the name of having the same rights, subject to the same duties and penalties as mentioned in the preceding clause III, with the same eKcer»tion that the" will be accountable ibr such conditions as mav Biciusiveiy ac-be required, exclusively to the only official appointed for the superinten- t'l.wr owii si)c. donee of separate schools ; and that any majority of the members present Trustees a enr' poratlon, with b'lnie eiteuJL'd powers as •om- luou school ■ trustees. Exclusively ac- countiibloto thi 11 owuspccial oebcial. General public meetings iu each ward to elect separate school truatocs. Corporation 21 untry which want:^, epeal clauses 19 A. Iiing under only one share in all school inada, is framed the mentioned. separate schools in ted to the dissenters 48,— and 4—16 v., rits for the coftimon r of dissidents, those ' the board of com- re separate schools, ir not, elected by a ds of families of the luses 4 and 5 of the hose dissidents shall 1 within the school )lished. (So it is in aid signification and ime of d and extended in subject to the same o\ trustees, such as >f 1850, with the ex- he only one official oard also shall be )vided by the clause lada, see ditto.) ird this year within J year after, on the 3rson to be a trustee itil his successor be lected if he consent ion under the name subject to the same clause III, with the K ■>A\t innfi (IB mav 1 for the superinten- he members present at any meeting regularly held, at which there shall be an absolute niajority of the members of the board, may validly exercise all the powers of the corporation. (So it is in Lower Canada, see 9 V. c. 29, sec. 5.) V. That the said trustees may circumscribe their separate schools as spooia, powers they hke (so it is in Lower Canada. 12 V.. c. 50, sec. 18,) receive children Slit'" of their faith from other school sections, (.o it is in Lower Canada, 9 v., c. .7, sec. 29,) and quahfy teachers for their separate schools, until they have a separate normal school. J!-: 7''^' 'w 'f * """''''' '^'" ^' '"''^''^'^ ^° '-'^^^'^^ ''••""^ their saidTo,.ocoiv.s„., special superintendent, on a report such as required by him, such sums uZSli;.'?.',';,' out of the government grant out of ail the taxes for school and library .Si)?^^;;^',^^ purposes, and out of any provincial or municipal school funds, as pro.Je|rt ^^^ portionate to the population they represent according to the last official cial'^^rLllt census, (so in Lower Canada, 9 V., c. 27, sec. 26, 12 V.,c. 50, sec. 18 ) provided that those sums shall be expended for school purposes : Provided Compulsion or a^o that should any municipal corporation refuse to pay any portion -"l^-rS" of those sums, either the Cl.ef Superintendent shall deduct a sum equal to the deficiency from the apportionment of the current and follovvino- years until full payment, or the secretary of the board shall refer the ease to the superior court, who will judge of it, and shall order the pay- ment by all legal means. ^ yil. That such of the provisions of the common school acts of Upper Aiiconir.^ Canaaaas are contrary to the provisions of this act, shall be and are reji^tr^ hereby repealed. difficulties arising about it, shall receive such large, beneficial and liberal '"'"^'^""^^• construction as will best ensure the attainment of this act, and the enforcement of its enactments, according to their true intent, meaning and spirit (So in Lower Canada, 9 V., c. 27, sec. 55.) thifyear 1855' '''''"' ''' '^'" '"''' '''''' '''"" ^^" ''"* «^ ^^"^^^y of Co..e„o..e„t ih. .n?'- ^^t ""^^''■•^'S"^'^' hereby declare that nothing short of the above will satisfy the conscientious convictions of the Catholics of this Province. ^ /o- . "•■ ^'''"''"^'^Phelav, Bp. of Carrhoe,Adm't. Apostolic. {i>igned) + Armandus Pr. Ma., Bp. of Toronto. + Jos. Eugene, Bishop of Bytowa. * 22 Ko. G. The Chief Siiperintendent to the Honorable Attorney General McDonald, . On the Roman Catholic Bishops' dompRrative fnble of legislation on Separate Schools, and draft of a new School Bill for Upper Canada. [No. 1353, N.] Education Office, Toronto, 2nd April, 1855. Sir, As you are the member of the Government to whom has been confided the care of all measures relating to the educational interests of Upper Canada, I desire to .-iddress to you some observations on a paper (a copy of which is hereto appended), which the Right Reverend Dr. de Charbonnel, Roman Catholic Bishop of Toronto (after having procured the signatures to it of the Roman Catholic Bishops of Kingston and Bytown), has distributed amongst the members of the Legislature during the present session, and has pressed upon the Government as the ultimatum of his demands on the subject of separate schools. This paper consists of two parts — first, a professed comparison between the school laws of Upper and Lower Canada, and secondly, a draft of bill embodyirg provisions, as the signers state, nothing short of which will satisfy the conscientious convictions of the Catholics of this Province. I have said that this paper is signed by three Roman Catholic Bishops. This i-^ the case with the copy before me, and with copies which have been enclosed to some members of the Government and of the Legislature ; but I believe the greater number of copies of it are anonymous, and have been enclosed in a pamphlet against our school system, published by Mr. Angus Dallas, wooden ware and toy • merchant, Toronto, who, though he is said to be sceptical as to the Christian religion itself, has written against our school system, because it is not religious enough, in iiopes of inducing the religious people of Canada to prevent the board of school trustees in the city of Toronto from taxing his property to support free schools institutions which fill Mr. Dallas' imagination with terror, and tinge the pages of his pamphlet throughout with the hue of sombre melancholy. Bishop Charbonnel is the only ecclesiastic I know of in Canada, and the Catholic Citizen the only news- paper I have seen, who have extended to the sceptic writer of this sorrowful pamphlet the support of their patronage in the circulation of his attack upon our public school system. The professed facts of this pamphlet are fictions, so far as they apply to our schools, and so far as they relate to myself personally and to the normal school. I should not refer to it here, as I have not thought it needful to notice it, were it not circulated by Bishop Charbonnel, and intro- duced as an authority into the paper which he has circulated atjiongst the members of die Legislature, and were there not introduced, as the motto of th(; pamphlet, a garbled extract from an address delivered by the llcnorable Chief Justice Robinson, at the opening of the new normal school buildin?>; .for TT'ino! Canada, the •34th November, 1852, by which it is attempted to make the^Chief Justice- 23 ittomey General lols, and draft of a' nevt' iid April, 1855. 311 confided the care Canada, I desire to s hereto appended) , Bishop of Toronto yatholic Bishops of of the Legislature it as the ultimatunrj per consists of twu Upper and Lower is the signers state, of the Catholics of ic Bishops. This i< en enclosed to some elieve the greater a pamphlet against m ware and toy e Christian religion religious enough, iii the board of school [)ort free schools — age the pages of hi.s ihop Charbonnel is zen the only news- : of this sorrowful his attack upon our e fictions, so far as myself personally [ have not thought rbonnel, and intro- lated arjiongst the s the motto of the e Ilcnorable Chiel' uilJin2"s for TTiip.e! ke the Chief Justice by his addresses oTvariou^^^^^^^^^^^^^ 1 Z' ^°'^«°' 'y^'^^' - testified sense of honor and prZe v to ^1.^ ^T^ff ^"•'""'' '^ ^ '"^" ^'^ '^^ high a occasion referred to.hadte no TnmrT f '" '''"" '" ^'^'"" «" ^^e auspicfous the normal and midel school ar^^ '"'^^^ whole character of rbautifulHT ^T k ".'' ^"^'"^^''^^ = ^"^1 such was the entire i„ the JourllllfSclt^^^^^^^ fsV^ ^' 7' ^'^^^^ ^^ P"^''«hed the same year. But as latP «« ,. «Iv, ?? ? ^' ^""^ '" "^y ^"""^i' ''epo'-t fur his annuafaddresfb'for he C n.T 'V"' •'""""^' ^^"^^ J^^'^^^ ^^hinson, in ^« rf^«&Uhe number of those X an emerw- 11"'"'^' "'^'"^^ ''"" ^"^^ '^^ '•^«^"" upon subjects of science vWH be imm/ i ^ '"'"''" ^"^ P'""^' '"^° discussion. it may be to enlighrn ardl!Zr ' 'T'"''^' ' ""' ^^^" "^°^^ ^''^'^^^ous aim their own researcirand tpele'trw^' X cooimunicating freely the results of able to understand and r a o upTt L^ htl's^"^^^ •"' ''T' ^"' ''''''' expectation that with th^ n Ur T I theoues. Tliere is good ground, too, for caie and judgmml eh ';^^^^"^°^f " '''''"''''' '''''''^ ^ ^^ey are ;ith within each sS se n ! r> '^"^'^ «'^'-' ^^e several counties, and even excited to be dt h 4 H^^ be fostered, and an ambition add largely to thTLCt. '",''^''"^'^^« T''^"'''' ''^'''^ '''' "'^y ^^Pe wiH in tiuK- ThereC B^ho tr t '!"''' '' "^"■"'"= -"^^'^utions to the Institute." cours" o^htl^^^^^^^ ^^-^^"^ ('he one in his personal inter. Chief JusIr^^^L^^^ - -"S the name of I will nn ^ ^ ' '^''' """"''' "1^^» «^'- school system. firs, ^:z:^z;:Si::!:^- -tr '° ' r' - '^^^-^^ -' ' ^^'^ ^-^-^^^ oftheschoollawsofCJ^nlran^^^^^^^^ '' "^'^^ ^" ^'^ comparative vieu made in Bishop C^:^:i^^rt:, ^^^ ^f^',^: "^^"-^ ^ ^^^'"^"^-^ which I have nursu-d an,l whi„l, p- k J., '" ° """"^ "' Pr»oeedins inres,.ct.osepaMe:„d ''°'' '''""•'"'""" ""^ ^"P"'' '»-* '"«. Canada in regard to separate schools. at the « Catholic Cutute " n To ot? T^u'? f ''''''' ^>' ^'■^''«'' Charbonnel before the last gene a elect on! T'r'' P"^''''''^ ''^^'^'^ ^'"'^'''^'^ C.7r,.«in Julv in a letteraddrS t irX f'T '^"^'^ '^ -holly incorrect August, 1854.* The Bi hi e'eaK " n-'t' ^?""'" ^'^P^^^' ^"'^ ''^'^^ Sath were true, and as if the^d Tver ^e '•'^P^^'^^^^/hese statements just as if the, be ne,oo.sary for mc to n.ti a '"'^" '" ^' "'^^'■^"^^'^- ^' ^'U thereibr; -_,-:—__:•' ""^ to notioB them again in order. 24 iM '* i 1^ ^s Statement -''JnVpper Canada, disscutcrsn^mt, for having separate schools, be welve heads of famihes. apply to and be authorised by persons opposed to them ' m Lower Canada, dissentev5 may, in any number whatever, heads of families or not' toThem '''^'''''*' ''''"''''' '''*^°"' ^'^'^'"" *°' °' ^'^"'*^'^"«'^"°" ^'•«'« persons opposed C«,Tcr//o«-Both parts of this statement are incorrect, <« twelve heads of families," m place often freeholders. As provided in previous acts, were inserted in the school fU3t of 1850 m accordance with the wish of the acting Heads of the Roman Catholic Church at loronto ; and I would have as readily proposed five heads of families as twelve had it been desired, nor will any one pretend that a school can be established and sustamed by fewer than twelve heads of families. It is not correct to say that there is no reference to numbers in Lower Canada; though heads of families are not mentioned, the offspring of heads, of families are specified ; for a dissentient school IS not allowed except in a schooldistrict which contains more than ed of land, and is " authorised by '? such deed to hold the land • but is he thereby a dependent ? So do common school trustees, in townships, cities and towns, apply to the municipal councils for sums of money to be raised by rates and are « authorised " to receive and expend such sums. But are the trustees' thereby dependents on the couftcils ? No, the latter are required to comply with tlie jipplication of the former, and have been, in more than one instance, compelled to do so by the decision of the Court of Queen's Bench. So is each municipal council required to comply with the application of any twelve heads of families in a school section for a separate school, and must include in such separate school section aH who apply to be included. What more can be reasonably desired ? It is also thus through the municipal council that every school section in Upper Canada is con- Rtituted, and the first trustee election in it provided for. And the clerk of each council is required to keep a record of all the school sections in the township. With- out such a record there can be no means of knowing the limits of school corporations, or how to levy school rates or exempt parties from their payment within anv such school divisions.. It is of no more consenup.nce whether the municipal cnu'n.'^il is favorable or opposed to parties applying for a separate 'ichool. than it is that a post 25 ig separate schools, I opposed to them ; I of families or not, m persons opposed 3 heads of families," Pted in the school le Roman Catholic !ads of families as can be established correct to say that heads of families ; for a dissentient i more than twenty dissentient ijchool IS certified on oath, See sections 4, 19, . 50. These con- id onerous thjm a jference either to B ages of five and tr separate schools o them, while the Is. It is true, the elect their school' Office, perhaps to to hold the land ; townships, cities le raised by rates, are the trustees ) comply with the ;, compelled to do lunicipal council nilies in a school chool section aH ? It is also thus • Canada is con- le clerk of e&ch township. Wilh- lool corporations, within any such licipal eoun.'^il is t it is that a post the disscntienl, desiring a separate school, „ u t X« 2 . '^ '^fT ' '"" eslabl^hed. nor without mainlahnnj the attendance of at left,- ^, , 'f «l,f,i„g their reports on tt. „„,/, „Fat ieasttvvo t nste, H . '''""' ""'' can obtain" its share of the le-kl,,!,-! i , ° . ' "'°"=''' ^ ^op'rale school of its estabhshln" a d accof ?,o .l" l!7"' " r'"'"' ''""* '""" "'« «- Without -rtiii^instLo re;r™r oa't'r:;'::*::: °''""": "'■""■" ' '"^»-'' separ!:e^!h^^t■;''I"S„t::^^"'^^^ ''''-'"^ -"-h- » Ltt "''^^''•'"'■■y/«^ «»/ Party thus appealing to the copy of their comtnunication to the Chhjf Su Ste 1 r^ agamst whom they may appeal with a correct heann, .oth sides-whatever delay .ay ^^^^^'^l- b^lll^isll^^S^^^rSSSKS '^^"^ 28 im: s'.arc according to population ; in Lower Canada, according to p'^tion. in Queb^ and c!llc ft ''"'''' '*^'^ '^' "°^ P'^"^^^^ '"''^ ^^« municiparasseL,ent Correcdrn.-^n Quebec and Montreal there is no school tax. but a certain amount of the city taxes is paid totlie Protestant and Catholic School Boards ac- cording to popu ttion^tlm Protestants being muc hmore wealthy in proporlio'n to the.r numbers thanahe Roman Catholics, and paying, therefore, much ire than they receive But throughout Lower Canada, the provision of the law is the same as m Upper Canada, and provides expressly as follows: "The said trustees shall be a-ul El r ^^;^,;';V'"''""' f '^r "'" '"--'tient-.el,ools and school district, ?u 1 h J T '''"'' "■'" '^'' «"P^'-'"^^» '^''^f. «''-'•- in the general schoo fund, boanng the same proportion to the whole ^utus allotted fron. time to time to uch mun.c.pahty as te number of children alten^^is such dissenil^i scUools hears to ij. enure number oj chUdren atlending schoolTn such m^nicij^alUy at the'sdma ,.lvP»T;^'""'"'~',' ^" ^^•^I'^'-^^"^^^' «''P^''«te school trustees caniot avail them- selves of the municipal assessment ahd collecting." ..:•••• ' CVr.ca-o« --Korean they do So in Lower" Canada," witltout dedaring their previous dissatisfaction with the arrangements antecedently made l^the scho commissioners of the said municipality, relative to the recovery and dfstribut on o ♦he assessment ; nor is there any provision to compel the commissioners to pay them Besirs thT? T ?^ ^""■^"" '' ^'^ ^^^ '■« ^"^ ^'""^^ -- ^1^- - da ett": bu hoi of t ! "'^" '^ '•" '-'''''' ^""'^^'^ -^ denominational schools ; but tho e of he mrnonty are not denominational schools. In Upper Canada, church to bet.77"' '^T ^'T' ' T' ^'^ '-"-P*-^"^- -i' nofpermit them'el e . ^ r ? "u r'l ^"' '"^' '^''''^' ^"''''''''' «•• R""^'-^" Catholic. To impose connrcti'n. ' '" "' ''""'' '^ ^'^ '''''' '^P^- «^ ^^"-^ -^ sUte " nth Statement.-" In Upper Canada, separate school trustees must take a cen- sus uring the greatest heat and cold ; send twice a year the names of parents am, pupils with daily attendance ; the names of subscribers to separate schools ha v^. no children thereat, and the amount of taxes, even unknovvn ; collect taes from parents and subscribers." . schoo^Tmnl";"'^^' '°'"1 ''^ '■'^"''■'' "" ^r"^t«««o>both common and separate nd o 'n t ^^'"•■^"""^I'-f "rns-the one at the end of June, the other at the c ti " ?re\"chro; ,"' .^%^'^'-P,Cht'^"-' -)-. "during the greatest heat and cold. The chool law m Lower Canada requires the same. No census is required of separate school trustees, except the names of children attending the school^ and h rthetmt TTr ^' '''''' "'°°'^' ^"^' '''^ ^"^-"^^ «f ^'-- -bscript ons f r h^? r^ ."', T"""' '' ^' '° ^' ^""^^P'^d from the payments of all rate fur the public schools. But the trustees of common schools, besides giving retuit ren residing .n thu.r school section, between the ages of five and sixteen years. 20 ation, in Quebec jipal assessment f, but a cerfiiin hool Boards, ac- in proporliun to much more Minn law is the same trustees shall be r school district, 3 general school time to time to nt' schools hears ily at the same not avail them- deciarlng their ! by the school distribution of rstt> pay them; I a dead letter, tional schools; Canada, church nit themselves c. To impose rch and state 1st take a cen- •f parents and jhools, having ;ct taxes from and separate e other at the itest heat and ;us is required ! schools, and mbscriptions, s of all rates iving returns all monevs ) of all child- n years. st.no ratio as trustees of common schoolsvet i H^'n ' T """"^ '" ^'"^ there the senu-annuul returns of U. s^tie t ee^^l ,^;"'^V^'"'t'^ ' '" of at least two of thciiV trhirh ,. „„/ ,- :'","y7^'«f ' »""«( be inude on the oal/i until alter having hud a .chool in opera, n.tZtt'J '" ^ T'""" ''""'' least fiitecn pupils—throe Jondiii,«4 ,1,.. . "'.°"','"" ""J "" at'endunoe of o( »cl,ool, in Up„er Cahafa ' °*' ""' ''"'"""' "^ "" '"^""^^ "f ="l'™te men of Rome." ' ' "^ "'" '°''°°'' "'"""" •>» "'"«y Protestants in uld confer upon stanta in Lower of asdimilating fard to separate jstant in Upper slGin subjection 'to any of the ada and public oVtaions of this which relates to ruslees, and the sections provide y are to make t such as (the unicipal school he last official iontrary to the It for separate as to the tind' of which are anyone man. • is prescribed in the school , there might en more than ording to the tounds of the en to separate responsibility law of Upper the hands of mtten orders vdes that '.any num(,er wl.a ever of dissWentf" ?! t ""T'^ '''''"'' P'^' a separate school; the third section mn'res Tee n ' "'"T-'.^'^ity may establish de facto a corporation; and the sixth soctL IZT'T'^'"' ''^' ^''^"'^^'^es w ole population, according to the iZ censu If t' '"''^.'"^"'"''^^^ "^'^^^ beiong. Thus, any three priests, or ny o e 1!' ' T'^'T ''^ ^^'"^'' ^''^y can erect themselves into a comoration^ "'"'^'" "'^ «"«'' Persuasion or that persuasion in a n::^:;::;:::^^ ""^^ •' ''' ^''^'^ P"P"'ation school moneys of evew kind «oi a «'«'"> apd receive mto fheir own hands -*„ ,, L „« :Lart:;„r ;s;r± .rr-"' r' ''^"'"'"™ »' Wish to remain, and have* thnir »v i " "^:^*'"'''''' ^^ «uch persuasion mieht Canada. In the section of the Act ihZT .u ^^^ '"^'"'"' '^^ of Lower portion of the a^esamen,':'^:, VI ;^ ^'-^-^-n^^ to received commissioners Votioa f^/j^ Vil ch tnlof . '^^T'^'''' '^^"^'^^ ^y 'he representation that.are included an'd^l; V "• ''"'^ '^' ^'"'^'«'' "^^^'"g the to the collector Thelaw Tr / '''"^ ""'^ ^^ceive what they themselves n.v distribution XJi:s^L'XltZ ilr '^, ^'^^^ r "•«• -- the';: ia7f of Upper Canada recognize S„Ik? ''?''' °'^''''''^«- «« the school Jaw himself, and does not ignCproSeh^^^^^^ ""i!.'^ '''' '"'^-'d"-' ^o" Pnvdeges connected w'iththem.~^^^^ schools and all the provisions of the present commonthllal If n'''' n'' '''''°" '"^^^^'^ ^» the to the provisions of this act; Tnd the lid I r ^^^ ^""'^^ '"^^^ ^^« ^""''•ary achools all the rights and powe s whictl ^ ^^^^^^^^ ''•' ^'"^^^^ "^ ^^P^^^'e •f 1850 give to the present trusteeTof .o^ \^^ ''''^""^ "^ ^''^ ««hool act that act includes the possloTrndeonrrTTn'^'' ""'^ "^^ ^^'^ -«««" of Canada. Truly this is a vlTCrlZl^ J'T'"' '''''''^ ^''^^'y '" ^PPer lious convictions r And this'Xrrh:tg"at for'" ^^ "^^^'«^^-«^- Which belongs to the sulorterr^'*'^'''^ *" ^^^'"^ C«««rf«,-not onlT that Pn>testant a'nd ever;Torn ^^^^^^^^^^^^^^^ Canada schooUawinetrul;'J° ^^^' ^^^"^''"- ^he present UpS them the same power inl ~ m^^^ '^'^^f T'P^-tions, and Zl persons for whom such «.hooTs a^^s ^Llld ^^^ '''^°^^^°*^ '" '■-P«<^t to all common schools, but the "consr^nr ' '' P^'^^^d by the trustees of h.-B««n„., ' ."'''"» conscientious convietions " ^r p;.u_V.i. _ . . °' -~ "^"^"g«c5 require much mor« tko.. i- l 7 "''^^"F '-"urDonnei and 82 I .1S50 gives to the. common, school trustees. These "rights and powers" thus claimed are not restricted to any clas.s or classes of persons, but are absolute and universal The on]y restriction on them is that which is contained in the 13th section of the sem, aet-a section imposing a fine of five pounds upon a trustee coimcted of .'knowingly signing; a false report "-a section oLo effect in connexLi vith the other pj-ovasion* which relieve separate schools of all inspection, create for , them a special superintendent of their own, and with no obligation, to make any returns except -such as he may require from them. The 9th, 10th, 11th, 14th iSth ■ 29th and 31st sections of the school act of 1850, (13 & '14 Yic cLn 48Vand tl; chcol act, (10 Vic., chap. 185.) impose various .restrictions and obligations upon rustees ,n -gardtojhe exercise «f the large powers whi«h the nineteen clauses of the 12th section Of the school act of 1850 confer upon them-thus preventing ;hem from le^Ting any ratq upon the supporters of separate schools, je^uiri^g semi-annual [hhSr^f h-i? r ''' "rTr '° ''"""''' &c.i,&c...&c.^^^;t the ard section of his draftof bill discards all these restrictions and obligatJcyt^lhd demands for the trustee corpm-auons to be created^ absoluteJy and vyithoqt restrictiotf all the "rights and powers, as well as all the.property which the 12th seoti^n ofihe schgol act of 18o0 confers upon common school trustees, the 8th clause or .paragraph of which authorises them « to apply to the municipality pf the township, or employ their own lawful authority as they may judge, expedient, for the raising and coliecling of all sums authorised m the manner hereinbefore provided, to be collected ffom the freeholders and householders of such section, by rate, according to the valuation ef taxable properly, as exprt^ssed^ oujhe assessor or collector's roll» Hece is no restriction as to persons or property; all are subject to the taxing power of the separate school trustees-but whom this draft of bill makes the sole school trustees ' Ah-" f'TT'Ju'V' '" ^''° *° ^' '^'''^''^' ^^^' '^^ P^«^''«° '» the 2nd section of this draft of bill allows none but dissentients to vote at the election of these trustees. This is also the provision of the present law; but the present law restrains the acts of the trustees thus elected, to the property and persons of the dissentients. This draft of bill, however, while it restricts the elective franchise to a particular c ass, gives the trustees elected by that class, power over all the taxable property of all classes of freeholders and householders in the section. Nor is this all. for-- 5. A fifth feature of Bishop Charbonnel's drafl of bill is, that it ffives (he trustee corporations it creates, equal power o.er the municipal councils as over individuals. The 8th clause of the 12th section of the school "act of 1850 above quoted, gives the trustees power to apply, at their pleasure, to the municipality to impose schoo rates; and the 18th section of the same act makes it the duty of such council to levy and collect the amount of rates thus applied for. from all the taxable property of the section concerned; and the sixth section of th s draft of bill requires the Chief Superintendent to pay the amount of such taxes, if the In" cipahty fails to do so Thus is every municipality in Upper Canada, as well Tthe school fund, subjected to the discretionnrv H-nands -f --.ar^,- ,-V-.l 7 Nov is even this all. for- " "''■ " "''^ " ''^'"^^ '°'^^°"'' 33 md powers" thus are absolute ai)d lined in the 13th ds upon a trustee effect in connexion paction, create for tion, to make any 1,11th, 14th, I8th, ihap. 48,) and the be supjjlementary .obligations upon ineteen clauses of s preventing ;hem tiring semi-annual the 3rd section of ! demands for the )iJalI the "rights 'the schgol act of' agraph of which employ their own cplleciing of all olkcted ftom the the valuation ej /." Heie is no ig power of the e school trustees ! the 2nd section ilection of tfeese ent law restrains the dissentients. to a particular axable property this all, for — hat it gives the ouncils as over of 1850, above municipality, to 3 it the duty of or, from all the this draft of bill es, if the muni- 1, as well as the jc-hool sections. 6. A sixth feature of this draft of bill is thut it #; .i / . school trustees (were any to exist) frnl 2 '" '"""* ^^ '^^ ''«*'«^ mthout doivg also as much for ,Z. ' . ^7? ««y^''t"*- /or th.ir otcn schools draft of bilf reqj^: JilLffo^^^^^^^^^ '''T^'''' '""^ ""^''^ «.-^'- ^^ this provincial and munic al f "/p^^^^^ P^T^^** «^-" - "any Proporti.. « to the pop^u.atio"n \^^ r:,::l:.tZZ:lC'^^ ^ ^'^' ''" Thus, whatever might be done by anv oar lie., fnr ,7. ?• , ' '"'"™'- houses or the support of.p-ublic schools ,1^^^ u '"■"^""""■•f P-Wic sehool- not subject to corresodndim IZ ,' ''""«'''"'' »?»«<« 'chools, who ar« who JtoreceiZn/ZolCMrt" b7''° °°*'''"« "l>ate™r-.„d population, ihoURh the rlLTJhT.V, ^""! '^'^"y- *""■ '" P™P»rtio„ .he, p.,, as is .£ r:itt 'x'Tzt^ ^ '^™' •'"""^ °' "■» -- operi.iZ-i^r^l^srt.Thrsi/rr i*'' '"■* "^ *-■' *- '" thM I. co„..mp:a1fS Iiri desLt T '■''™ '"Wbited, sulBcieatly prove •ubjectiou of L schZ f3I^ierr a"' ''"''"° "!''°<" V'l'm. and the •• Upper Cauada *, a ^^T^II^CZ"^ tT^Z^IZ^^ r'"""" "^ and IS loeomfatibl, with the free (roveroment T iL V "^ '""°' '" '"^ "«=• •hether the ingenuity of man oouuIZ "ld« ^T '"'' """"^- ' ''°"'" words, the destruction of the ^.^l^IT T" "'" Pretensions, and in fewer of a whole people, and t^ZT^l Tk °T •"" *= "°°»'""«™l liberties .denomination!^ kl author of S . of fch" " "■" "" " " ""^'^ upon their own power, and upon the s^nti! ??u '™ '"^""^ raarvellously 1 "n persuaded that m ^rZ^^M ''"f"'^'^ ,«■« ">e»be" of the legislative, measme than the g«at W?S tje LT» pT?'^ "°°" '"^ ""^ "!«' »"«■> » of*e eommunityf who wll ^ tie^Zndf b ° "f"""" °' ""^ "«""""« "-f of Aeir opponents exceeded by thTH™,^ 'Jlv '° "^ "" ™'" '»"•««">»" i.^manded by Bishop CharhlTldhisT^""™"'^'"™'''"' '»"'■»' -atisfying their conscientious eoSo!!^'. '^"'^ '""^" '^' f ""'''' <•' understand their right^Virin.L,.std7i;'d:!y "'•'■" '^""'^ « '"^- "i" From a receut return your Committee find th.tm , ? ^"* °^ ^•'°<'' Trustee. «tate that- amnnnta ♦„ no, Q„„ - ' .. '""^ "'*» '"M Me total annuai m/J..^ ««*!.- .-_-.. ••»« inai— 34 . 1. Ten years ago, when i assumed the duties of my present office, I found provisions for s^arate schools in the school act, and a few of them in operation— about as 'many Protestant as Ron-an Catholic. I determined to know neither religious sect nor ^political party in the discharge of my official duties. Believing that Roman Cajiiolics had Jbeen hardly treated in Ireland, I resolved as far as I could, to give therfl po just cause of complaint in Uppej-* Canada ; and, if there is any one class of the cqmtftunity that I have endeavored tg bepefit, as such, more than another, Jt > tliB Roman Catholics. My friendly'bearing towards them has Subjected me more^ t^n once to severe criticisms from some Protestant writers.' During the life of -fir, Pow«f, late Roman Catholic Srshop of Toronto, and until Bishop Charbonneleommence^. his crusade »nd afg^ation three years ago, no complaints were heard against the. separate school provisions of the school law. Bishop Power, virtually a Cianadian, being a. native of N^vft Scotia, had a patriotic desire to elevate the Roman Catholic population of th§ «guntry, and believed that that would be best^ffected by their children being ediq^ted wjth the children of other classes, wherever party feeling did not oppose insijpelBb]^ obstacles to it Bishop CharbonneL(who, on my recommendation, waft before 4iia arrival injoronto^ appointed a member of the Council of Public Instruction fgr Upper Caiiadn, in place of Bishop Power,) professed the same views and feelings during a year or more after his arrival. Then he began to attack mixed schools, as such, theh to attack the character of our schools generally, then the character of. the people at large, then the provisions of the school law, deitianding that municipalities should be compelled to build school-houses for sepai:»tf. yie people at cipalities should t them, the aama groundless hi& correspondeace lich was printed < » y was there no •m 1S45 to 1852, •e was expressed I applicants and ges, I so framed isiastical Heads the legislature, ool in Toronto, leA in a school commended the I of a separate Is received the lemently of the the provisions th section of the e supporters of separate schools from the payment of all school taxes whatever..and their teacheri from gomg before any public board of examiners, and inVgste.! tMtem with as full power m regard to their own schools and their own supporters as have the' trustees of common schools in regard to the public schools and the other "(Masses of the community.* The bill was printed some months befo» it pasj^d'; and this fourth section was as highly connmcnded by supporte^^ of separate "schools as it was denounced by their oppon%ats. On its becoming a IW, the Toront(i Mirror (the ..newspaper in which Bishop Charbonnel published his officraj'nbtices and letter, and which he commended /flDm the pulpit and by letter, ^[Ae support of the faithful,) published two editorials (the 1st and 8^ J^Jly, 185^ eurogistic of this section of the ac^ * I4 was a^sidered not only as'securing tW rights claimed by the parties concerned, but as calculated to accgmplish ahothef object, apparenth as dear to the heart oT fiishop Charbonnel and^liis organ as. the establishment ot separate schools themsertf^naniely, the destructioii of a national system of . education. An extract il^aach of these editorials will iUuafeWe the spirit and feeling with whioi tlHs^nactriient was viewed and received : • ' • 1'^ public^ st^ijCactioi^ will be heightened by removing air aiixiety from the u- JoT.*?^ '^ P^"*^ respecting the education of their offspring; and 'the sour bigot [Chief Superintendent of Schools,] with the vaunt of liberality on his tongue but the poison of proselytism'in his heart, will be relieved from a great load of care. He c«m: give his undivided attention to his own afTarrs, and leave th«^ progress and management of the culture of Popish children to the direction of their parents and the patronage of the Priests." ^ "State-schoolism-that Jaring%utrage on the rights of conscience, and the tender ties of domestic affection-has received its deadly wound, from which it never can recover; and the laws of nature and the injunctions of heaven will be no longer violated by severing the connection between the parent and the child. Ihe right has been secured by the laborious exertions of the friends of religious education, and the liberality of an enlightened legislature; and we trust that a faithful application of this salutary enactment will produce all the benefits anticipated, and remove all existing dissatisfaction on this vital question." ^ To shew how entirely this enactment of the supplementary school act exempted the supporters of separate schools from all taxes for public schools, I will make ye another quotation from the editorial of the Toronto Mirror, of the 8th July, iSSS It IS as follows, the italics and capitals being those of the Mirror: "Some misapprehension, we understand, exists respecting the support of separate schools, and insinuations have been thrown out that persons rated for such school purposes may still be subject to the common school tax. The misrepresenta- tion, whether proceeding from ignorance or a more reprehensible source, can at once be removed by a simple reference to the commencement of the 4th clause. We find It there distinctly stated— « That in all cities, towns, and incorporated villages and school sections, in — _-r !„i,... {J.., .., „n„j. ^,^j3^ accurding 10 ine provisions or the common school acts of Upper Canada, persons of the religions persuasion of each such * See Mo. 2 of this correspondence. ~ ^ "" ~~~ ~ 36 separate scbool, sending children M, or supporting such school by subscribing thereto annually an am»unt equal to the sum which such person would be liable to pay if such Separate Schhol d,d not exist, on any assessment to obtain the annual Common School Grant for eac^. such cUy, town, incorporated village or tpwnship, shall be exempted from the payment of all rotes imposed for the support of the.Conimon PuJ)lic Schools of each mcb city, town, \ncorpbrated village or school section, and of aul rates imposed lor the purppsH of obtaining the ■ Legislative, Common School Grant, for such city, tomn, incorporatefifvilfage or township." T . ■ ' "We should conwder these terms sufficiently explicit' and intelligible. Thexe is no ambiguity, no mystery, but evejy thing expressed in words so plain and concise as to render misa|)plicatiqn , impossible. Those persons who contribute to the maintenance of Separate SQK(k>|s.to the amount of their liability to the -Common School Tax, shall be totally -exonerated from all taxes for Common iSchopl purposes. Those who do «r?« <;ontribute to the supiport of Separate Schools shall be compelled to pay their full pr6p'ortion of the Common School rates.'! SuqJi was_ the light in which this . enactment Afr««. viewed by thps%, who demanded it. But instead of its beiHg carried *fairly into effect by Xhi^ Roman Catholic separate school trustees ir Toronto, their secretary (Hon. John Elmsldj-,) resisted making the returns which the act required, and t^ien complained of injualice and wrong at the hands of the Municip.il Council. of the City of Toronto.-'. An appeal was made to me ; and the questions raised were discussed iri oorreapoadeiuse which took place between Mr.EunsleJ^ and myself, in the autumn of 1853. Soon/ a new agitation was commenced ag»iiis* these., shorily-before lauded pfovisions of the supplementary school act. It is^ks complained that the local municipalities obstructed its ofv-rations, and .that, requiring the payment of these schooJ_ rate* to separate schools as a condition of having them, was a hardship, and it wan demanded that the Chief Superjotendent (wh6 was responsible, and could be complained of to t.ic government,) should divide the school grant between the public and separate schools, and should pay it directly to them. Some time last summer, the late Inspector Genel-al (Hon. F. Hincks,) communicated with m on this subject, and suggested whether I could not undertake to distribute and pay the school grant to scoarate schools, as this would be satisfactory to the complaining parties. I expressed my conviction that this would not satisfy Bishop Charbonnel— that I was satisfied he had ulterior objects in view— that his object was to get a measure by which the Catholic population, as a body, would be separated from the public schools, and the municipalities made tax-gatherers lor the separate schools. But in deference to Mr. Hincks' wishes, and as he had done so much to aid me in my work, and to promote the public school system, and seemed to think it would lie satisfactory, I consented to undertake the task proposed, although I had expressed strong objection to it in my printed report for 1853. Accordingly, in a draft of bill which I transmitted to Mr. Hincks, with explanatory remarks, the 6th September, 1854,^ I prepared these clauses, providing that the separate schools and public schools in municipalities where they both exist, should report semi-annuallv to the Chiei Supenntendent-that he should determine the sums" payable to them'respec- » See No. 3 of this corregpondence, ~ ~~ ' hscribing thereto hie to pay if stick Common School hall be exAmpled n PvJ}lic Schools uL 7ates imposed t, for such city, slligible. There lain and concise ntribute to the to the 'Common School purposes, ill be compelled by thps%, who by ihd, Roman John Elmslefy,) ined of injualrce r Toronto.-. An oorreapoadence-. )f 1853. Soon, d provisions of I municipalities se schoc^ ratea ip, and it vra^ and could he It between the Some time last ;ed with m© on ite and pay the he complaining 3 Charbonnelr- L was to get a irated from the parate schools. to aid me in think it would I had expressed 1 a draft of bill )th September, ols and public :nnually to the ) them respec- I 3T I tively, and pay the sums thus awarded— thai the trustees -of separate schools should be relieved from making any returns of the names of the supporters or popijs of their schools; but in order to be exempted fi m all public schopl taxei, hiey should do as they do in Lower Canada^ make a de. aration i^ writing to their municipal council, before the 1st day of February e sh year, |hat they are supporters of separate schoolk Mr..Hinck8' administrati i ceased to exis« a dfty or two after my draft of bill was put. info his hands ; ai it was- sobseqi^itly handed over to youv I believe the clausal I submitted wer at first tiewed fjf^oiiibly by the lay members o( the I toman 'Catholic church, rho examined the?m> »mt* who were ^ probably not aware of Bishop CharbonneP r^l objects. I thinly he calculated upon my refusing to accede to the propositi! "of ]\|rt^inokai an« that he would thereby obtain an advantage. But whether nfh^fSlfr not. I Am ^ad that he j:' has refused to accept that which I had asse id to and propped. The result is.. that Bishop Charbonnel has been compelled i lo what tl|^ Earl of Elgin complained a year ago that he could nftt get him to d j-that is, to state expficitly what he wantei in regard t* s^^rate schools, parties will now know Bishop. Chartionnpl's terms and conditions of peac( nd^ harmony in Upper Canada. It Db\f remains to be seen whether the people accept 'them or not. , } have thus stVted the course I have pur din regard \6 separate schools from, ■ the beginning to the present time, as also th< uwe pursued by Bishop Charbonnel. It will have been seen that what he professec j^ well satisfied with at one tim^,. hte complained of at another ; and that he has ik every new concession the star ing point of a frpsh agitation for furthec conces i^ It fcaay also now he submitted, whether I have not rather erred on l^e side co^cesdfon than otherwise I hav» done a)l in my power, and incurred much position and obloquy to gratity the wishes of Bishop Charbonnel in everything t i,d4d not involve the subversion of a system of public instruction, and the constitipaP; and sacred rights of individual* and municipalities. I have been given to understand that oneiison of Bishop Charbonnel's demand for * special superintendent of separate schocS, that I expressed myseli unfavoraiily as to their success in my Annual School Reif for 1852; and my right to do so in such a document has been called m questil On this p>int I observe, Jirst, that the school act expressly requires me to incliiin my annual report of the state of the schools, "such stalements and suggestiorjf th common school laws, and promotmg edi and expedient." Strictly of this character 1852, in which I justified the government an^ school provisions of the law. as an actual exjl ing the partifis claiming separate schools asi their expediency and advantage, or otherwise, an J which 1 believed would resultpa conviction that the puolic schooLs^ were . 'Oie economical and advantageous to a|arties concerned. 1 remark, secondly that the Superintendent of Education in Lo|- Canada has, from year to year, not only discussed actual and proposed provislori|" the school luvv, but tiie conduci of various parties in re. ard to the law and the Uol, and especially a class whom he terms " Ekignoirs,^' on whose proceedings ' animadveris with grt-at severiiv-r, • improving the common schools and |on generally, as I shall deeni useful my observutiotis in iny report Ibi tislature in maintaining the separate nent wag the only mems of satis! v- H .88 __^ . .. : I much more severely thah I have remarled even in this letter upon th* proceedings of Bi«hop Charbbnnel. I remark, third^, that my discussing the provisions of the law respecting separate schools in bU one annual report ^Uringften years, suf- ficiently shows that there muHhave b4n some strong necessity for i^jt. the time; and a reference to that report ^will furn<|h ample'proof of that necessity, ap well as amply justify the observations made. ]jrefr)ar]i, fourthly, Jhat if Bishop ChaVUnnel found anything officiaily objectionable ij that report, he should havetprnpiaine* of me at the time to the government, andfct brought it forwali privately at this latk period to aid in accomplishing a partidlar object. I remaji, lastly, that it argues % an obliquity of judgment, not easily jsonceived, to; suppose that I cannot B» impartial (even if 1 had to decide ther on matters between separate and public i* flchods, because 1 intimated that the la sr could not be destroyed by the former (as ^fe some advocates for abolishing the sepai e school clauses of the law had contended! as I believed the latter would, aftei- fail xperiment, be preferred by*all partes tothev •• former. The very fact that, with all t anxiety of the Bishop to seize upon, every ' triflinl'sbadow of complaint, he has no rentured to charge me in any irftjance with administrative partiality, ^hows the utt injustice of his imputations. I have cxpres. sed my belief, and that frequently and ' th great earnestness, that free schoofa'kra^ more economical and advantageous f all classes than rate-bill jnchools; yet the majority of the schools of the country a still of the latter class ; hnt how perverted must be the mind that would on that : ;ount assail me as partial in administering the law in regard to rate-bill and free i lools. I may also observe that the obj ion is equally absurd that I must, in the discharge of my official duties, be ho e to the Church of Rome because (H my replies to the attacks, and my remir upon' the statements and proceedings of Bishop Charbonnel ; I have found it t sssary in justification of the school system, and of myself, to reply to Protestant jlesiastics as distinguished, and of much longer staiiding in the country than ] lop Charbonnel ; but who would on that account think of charging me with itility to the churches of wMch they are ministers ? Nay, on more than one si occasion, I have expressed the sentiment*, as well as advocated the interests o e great majority of the members of the- churches referred to. To no class of ] ons, more than to Roman Catholic states- men, was the former correspondence Bishop Charbonnel with me painful and mortifying ; and none more than they i feel scandalized at the fabulousness of his recent statements, and the unconstitut I character and unheard-of provisions ofc his draft of bill. I think I have now shown that lop Charbonnel's complaints against the school law of Upper Canada, in comp; an with that o^ Lower Canada in regai-d to sepnra'e schools, are without found? i ; that the comparison of exemptions and poweis is in favor of the separate scho of Upper Canada ; that if separate schools in Upper Canada are not multiplied i if those established languish or are soon abandoned, it is not in the law that the se is to be found, but in the acknowledged greater efficiency and more popular c icter of the public «chools in Upper than of those in Lower Canada — in the greaK eedorh Oi our school and municipal systems, and the unwillingness of the great bod the Roman Cifholic population to'isoliite then and grea Ron mini hari of * |'*',;1^on and , 8Ch< of] pali the to I Th. the th*' proceedings jrovisions of the igf ten years, suf- )ri^, the time; - isaity, tifi well as shop Cha'rlwnnel e tpmplaine^ of itely at this ]at|| 'y, that it argues % it I cannot bor. rate and public > ythe fo3rmer (a» ^jp j.l»ed con tended! all partKs tothfr,- •:• leize upon^every * ny irftiance with I. I hare cxpres. free sehooGs^ara: schools ; yet the t how perverted' a adrainistering I must, in the because oi my proceedings or e school system- i, and of much would on that tvWch they are [ the seBtimentK lembers of the- Catholic states- me painful and •uloiisness of his- if provisions ofc nts against the mada in regai-d exemptions and separate schools sh or are soon i acknowledged in Upper than nicipal systems, ation to isoi.ite 89 themselves a?jd ttieir children frotn these ife institutjAns and their fellow citizens, and to erect and sustain separate establishlents for themselves— and also in the greater mental ,oiiltuj» and wealth of the Pr testaiit minority as compared with the Roman ^niM^c majority in Lower Can la thanMhat of the Roman Catholic minority jw^pper Canada as corppared wi i the iRestant majority.* Ithink I have ai|0"4howii, that Bfshop'Charbonnel ar his oollfciigues claim upon the ground of ^KW^cientipuft convictions " a legislati >, enactment to deprive the Romao CktDolios of the indiv^ual right of choice i school matters, — st /erine thom from Jterest of tlje populaupn by law, an^ not;by individual option—thftt the three l^'i^hops <^aim Fl-otestiAt taxes as well as Ibtestant schooi property in support of ' 'feoman Catholic schools, and the discretio'uai subjection to them of the School fund and all the municipalities of Upper Canada. :i» Under the'se circumstances there are oljously three courses before the Icgisia- jMfQ to raain(W the /leparate school provions as they are, and leave separate *'^hool8 to work out the experiment of theirwn destiny; to concede to the claims Discoutinued 1880. Diacontinued 1858. 't established in 6 wuila at the City of Toronto. Id the other ward (St Oeoixe*!) a porporation of Troateei ex- ists, but it haa no icbool to manage, ntinu Discontinued 1863. ■ Ithongh 7 Seuarat were applied for, , .„,. have as yet been eatabUahed Although 7 Separate Soboola were applied for, oidjr two ^n Disoontiutted 1863. Mem, — In Lower Canada there wnrAi.1 THruAnMnnt hr%i^\ s«h««i., i Ji report'Od by the superintendent or lidueiitlon, Bduotioh Ophce. Toronto, 90th April, 1836. «el . ~i Ak .i' TO. I Miiw: tiitai taey nave not De^UMlwraieiy