CHAPTER VIII.

Ryerson believed that if school trustees were given the option of free schools and power to enforce taxation for their support, they would soon abolish rate-bills upon parents. Public sentiment was rapidly changing. This was fairly shown by the city of Toronto, where there were many wealthy men who objected to free schools, and where private and denominational schools were more popular than in any other part of Upper Canada. In March, 1851, a committee of the Toronto Board submitted to the Chairman a special report showing that 3,403 children who should be in the schools of that city were roaming the streets and growing up without educational advantages of any kind. The report ascribed this condition of affairs mainly to two causes, rate-bills and lack of school accommodation, and concluded by making a strong stand for free schools.

The TorontoGlobehad scoffed at free schools in 1848. The rapid change that took place in the views of this journal is a fair indexof the change that was taking place among the people of Upper Canada in regard to free schools. I shall, therefore, quote from theGlobeto show the trend of public opinion on free schools during the early fifties. As early as January 30th, 1851, theGlobesaid editorially:

"We are glad to observe that the plan of free common schools has been adopted at the recent annual meetings in very many school sections throughout Upper Canada. The best gift the people of Canada can confer on their children is education, sound, practical education available to all. Public money employed in educating the masses is a most profitable investment, and we hope the day will soon be when a good education is open to every child in the country."

"We are glad to observe that the plan of free common schools has been adopted at the recent annual meetings in very many school sections throughout Upper Canada. The best gift the people of Canada can confer on their children is education, sound, practical education available to all. Public money employed in educating the masses is a most profitable investment, and we hope the day will soon be when a good education is open to every child in the country."

On January 5th, 1852, theGlobeexpressed itself as follows:—

"The most important change proposed in our present system of common schools, is the abolition of all direct charges against the parents of the children attending, and the support of these institutes by direct tax on the whole body of the people. We trust the day is not far distant when the Reserve and Rectory lands will be devoted to the support of the common schools of Upper Canada, the school taxabolished, and the unspeakable advantages of a sound education placed without any charge within the reach of every child in the Province. Every effort should be put forth to effect this, but meantime let us seek to obtain the best system which our position admits of, and that, we believe, is an entirely free system supported by a direct tax. There are many reasons urged against this proposed change by sincere friends of education, which are not without weight. It is said to be unjust and tyrannical to make people who are childless pay for those who are blessed with a numerous progeny; it is urged that parents will value the blessing of education more, when they are compelled to pay for it; it is alleged to be a weakening of the parental tie, to take the expense of the education of the child from the shoulders of the parent. These arguments will have more or less influence according to the position and character of the individual who considers them, but we assert without fear of contradiction that all the evils which our warmest opponents anticipate from the introduction of free schools sink into insignificance beside the frightful consequences of our children growing up in the blindness of ignorance, the result which a free system is designed to avert. No reasonable disinterested man would place the one class of evils in comparison with the other...."Many opponents of free schools, however, are willing that the children of the poor should be educated without charge, as they are at present. Most parents, however, would be, and are, prevented by their pride from taking advantage of this favour, and we think it highly desirable that the idea of begging education, or anything else, should be set as far as possible from the mind of every Canadian. The children of the poor should look to the common schools as a place to which they have a right to go, having paid a quota of the expense in proportion to their means, in the same way that they claim the right to walk the pavement, and on the same grounds. It is indeed a noble thought to place the education of the people in the same position as the protection of the people and the government of the people, to make it one of the necessaries of the existence of a state in peace and security, and to provide it at the expense of all, for the benefit of all. With a Government formed as ours is by the people, and entirely under its control, our only safeguard against anarchy and confusion is the intelligence and right of the people. A thorough system of common school education is the only means which can ensure these high advantages. Education ought to be universal, and to be so, it must be entirely free from all expense; there must be inducements held out to the short-sighted, unwilling parent."

"The most important change proposed in our present system of common schools, is the abolition of all direct charges against the parents of the children attending, and the support of these institutes by direct tax on the whole body of the people. We trust the day is not far distant when the Reserve and Rectory lands will be devoted to the support of the common schools of Upper Canada, the school taxabolished, and the unspeakable advantages of a sound education placed without any charge within the reach of every child in the Province. Every effort should be put forth to effect this, but meantime let us seek to obtain the best system which our position admits of, and that, we believe, is an entirely free system supported by a direct tax. There are many reasons urged against this proposed change by sincere friends of education, which are not without weight. It is said to be unjust and tyrannical to make people who are childless pay for those who are blessed with a numerous progeny; it is urged that parents will value the blessing of education more, when they are compelled to pay for it; it is alleged to be a weakening of the parental tie, to take the expense of the education of the child from the shoulders of the parent. These arguments will have more or less influence according to the position and character of the individual who considers them, but we assert without fear of contradiction that all the evils which our warmest opponents anticipate from the introduction of free schools sink into insignificance beside the frightful consequences of our children growing up in the blindness of ignorance, the result which a free system is designed to avert. No reasonable disinterested man would place the one class of evils in comparison with the other....

"Many opponents of free schools, however, are willing that the children of the poor should be educated without charge, as they are at present. Most parents, however, would be, and are, prevented by their pride from taking advantage of this favour, and we think it highly desirable that the idea of begging education, or anything else, should be set as far as possible from the mind of every Canadian. The children of the poor should look to the common schools as a place to which they have a right to go, having paid a quota of the expense in proportion to their means, in the same way that they claim the right to walk the pavement, and on the same grounds. It is indeed a noble thought to place the education of the people in the same position as the protection of the people and the government of the people, to make it one of the necessaries of the existence of a state in peace and security, and to provide it at the expense of all, for the benefit of all. With a Government formed as ours is by the people, and entirely under its control, our only safeguard against anarchy and confusion is the intelligence and right of the people. A thorough system of common school education is the only means which can ensure these high advantages. Education ought to be universal, and to be so, it must be entirely free from all expense; there must be inducements held out to the short-sighted, unwilling parent."

As I have already shown, free schools had stronger opposition in Toronto than at any other point, yet at a large public meeting held in January, 1852, in St. Lawrence Hall,[82]there were only twelve people who opposed a motion for free schools. Later in the same month Doctor Ryerson himself attended a public meeting in Toronto and discussed the free school issue. I shall quote from his speech[83]to show how skilfully he could use a concrete illustration to influence public opinion. "Speaking of free schools he said he well remembered how he went to visit one of the public schools of Boston, the High School, where boys were prepared for College, yet as free of expense to all classes as the lowest, and the Mayor of the city, who accompanied him, wishing to give a lesson in aristocracy, probably, pointed out two lads who occupied the same seat. He told him that one of these was the son of Abbot Lawrence, the great manufacturer, and now American minister in England, and the other was the son of the doorkeeper of the City Hall, which they had just left. They were enjoying the same advantages, the son of the millionaire and the son of the doorkeeper; that was what he wished to see in Canada, the sons of our poor have the same opportunity of educational advancement as those of the rich. Didit appear from this that the rich did not attend the common schools of Massachusetts? The Governor of that State, in a speech which he made lately at Newbury Port, said that if he had as many sons as old Priam, and was as rich as Astor, that he would send them to the free school. There were rich and proud men in Massachusetts, undoubtedly, who would not send their children among the poor, and rich stingy men who objected to be taxed for other people's children, but they were the exceptions to the rule. There was one fact that he wished to mention in connection with the free schools of Massachusetts. A body of European clergy belonging to the Catholic Church had gone to their Bishop in Boston to request him to use his influence against the free school system. He returned for answer that he knew the character of the schools, having been educated in them, and having owed to them his position in the Church and the world, and would do nothing to impair their usefulness."

It would be a mistake to suppose that there were not valiant champions against the free school principle, and it would be a worse mistake to suppose that all the sound arguments were on the side of free schools. The following letters from the Reverend John Roaf, a Toronto clergyman (Congregationalist), will give a fair idea of the stand taken by thosewho favoured rate bills upon parents. The first letter, published in theGlobe, January 31st, 1852, is as follows:

"I am happy to inform you that school section No. 1, Township of York, including the village of Yorkville, have this day negatived a proposal to have a free school, preferring to give the teacher £60 from the Public funds, and a right to charge 1s. 3d. per month for every child attending the school. The mechanics and labourers here have thus discharged the power, for there cannot be any such right, so wrongfully given them by the School Act, to educate their own children at the expense of their more wealthy neighbours. All praise to their honesty. Thus they will escape from the pauperizing tendencies of the free school system. They encourage their schoolmaster with the hope of being rewarded for making a good school. They suffer the proprietors of private schools to maintain a useful competition with the common school teacher; they keep up valuable select schools, and yet in return for the public fund, they will get free education for the children whose parents need exemption from the school fees."May we not hope that the city of Toronto will next year follow this honourable example, and spurn the unrighteous counsel which is introducing communism in education to theundermining of property and society? The French people and the Normans ought to serve as warnings of the abyss to which this plausible socialism is enticing us."

"I am happy to inform you that school section No. 1, Township of York, including the village of Yorkville, have this day negatived a proposal to have a free school, preferring to give the teacher £60 from the Public funds, and a right to charge 1s. 3d. per month for every child attending the school. The mechanics and labourers here have thus discharged the power, for there cannot be any such right, so wrongfully given them by the School Act, to educate their own children at the expense of their more wealthy neighbours. All praise to their honesty. Thus they will escape from the pauperizing tendencies of the free school system. They encourage their schoolmaster with the hope of being rewarded for making a good school. They suffer the proprietors of private schools to maintain a useful competition with the common school teacher; they keep up valuable select schools, and yet in return for the public fund, they will get free education for the children whose parents need exemption from the school fees.

"May we not hope that the city of Toronto will next year follow this honourable example, and spurn the unrighteous counsel which is introducing communism in education to theundermining of property and society? The French people and the Normans ought to serve as warnings of the abyss to which this plausible socialism is enticing us."

The second letter was published in the TorontoGlobe, February 5th, 1852:

"The idea of the outlay for education being profitable for the holders of property, and thus justifying the impost, is much like a joke; for surely no one thinks it necessary to force upon men of property so great a gain, as they seldom need be convinced by their poor neighbours where their true interests lie. Gain indeed; why, probably three-fourths of the children now in the Toronto common schools will carry their education away to the West, and here be succeeded by others who will similarly want to use our property for their own benefit. Besides we might give free education to those who otherwise would be destitute of it, but make those purchase it who have the means."While I thus dwell on the injustice of the arrangement, I do so because what is unjust cannot be wise, and not because the futility of the system is not otherwise apparent. The free system divests the teacher of all proprietary and personal interest in his school, and will speedily render him sycophantic and servile to his trustees, but haughty and negligent towards his pupils and friends. It will throweducation into the hands of an electioneering party, and what kind of party that will be in such places as Toronto, need not be said. It will destroy all the confidence and love felt towards the teacher as the employee and friend of the child's parents, and substitute for them a cold respect due to the public official. It will render school attendance desultory and variable, because unpaid for, and always to be had for asking. Instead of the soft, familiar, and refined circle in which wise parents like to place their children, it will drive gentle youths and sensitive girls into the large herds of children with all the regimental strictness and coldness and coarseness by which such bodies must be marked, and thus, while the child asks bread you will give him a stone."

"The idea of the outlay for education being profitable for the holders of property, and thus justifying the impost, is much like a joke; for surely no one thinks it necessary to force upon men of property so great a gain, as they seldom need be convinced by their poor neighbours where their true interests lie. Gain indeed; why, probably three-fourths of the children now in the Toronto common schools will carry their education away to the West, and here be succeeded by others who will similarly want to use our property for their own benefit. Besides we might give free education to those who otherwise would be destitute of it, but make those purchase it who have the means.

"While I thus dwell on the injustice of the arrangement, I do so because what is unjust cannot be wise, and not because the futility of the system is not otherwise apparent. The free system divests the teacher of all proprietary and personal interest in his school, and will speedily render him sycophantic and servile to his trustees, but haughty and negligent towards his pupils and friends. It will throweducation into the hands of an electioneering party, and what kind of party that will be in such places as Toronto, need not be said. It will destroy all the confidence and love felt towards the teacher as the employee and friend of the child's parents, and substitute for them a cold respect due to the public official. It will render school attendance desultory and variable, because unpaid for, and always to be had for asking. Instead of the soft, familiar, and refined circle in which wise parents like to place their children, it will drive gentle youths and sensitive girls into the large herds of children with all the regimental strictness and coldness and coarseness by which such bodies must be marked, and thus, while the child asks bread you will give him a stone."

The opposition to free schools did not all come from wealthy property-owners who objected to educating the children of the poor. Voluntary schools, wholly independent of Government control and closely allied with some church, were already in operation in populous centres in Upper Canada. The managers of these schools had to depend wholly upon subscriptions and fees. So long as all schools were supported mainly from rate bills upon parents the purely voluntary schools were not at a serious disadvantage. But if free common schools were established, then all patrons ofvoluntary schools must submit to be taxed twice for the education of their children. The following from aGlobeeditorial of February 14th, 1852, shows that the effects of free schools upon voluntary schools were fully appreciated:

"ThePatriotof Tuesday gives us the real reason for his opposition to free schools. Formerly he talked of pauperizing the whole people, of socializing them, of a number of other direful evils to be dreaded as consequences of all free schools. In his last article, however, he admits that his main objection is, that denominational schools can never be supported beside those entirely free. We commend this fact to our friends who are sincerely opposed to sectarian education, and yet are not prepared to accept the principles of entire freedom. It is undoubtedly true what thePatriotsays, denominational schools cannot exist beside free schools. So long as we continue to exact payment from parents, so long will efforts be made by the sects to obtain aid from the public funds and private support in order to weaken the common schools, draw away scholars from them, and destroy their efficiency. When the schools are supported entirely by taxation, no such attempts can be met with success. No sectarian school only partially supported by the State can compete with the free institution,and no one would be foolish enough to propose to endow more than one entirely free school. The people would not stand the taxation. The free principle is a deathblow to the attempts of the priests to get the education of the people into their own hands, to train up the children in classes and denominations, to shut them out from free knowledge, and to give them just what pleases their prejudiced views. ThePatriotthinks it would be tyrannical to prevent the establishment of sectarian schools by means of a free system. We cannot see it in that light. The denominational plan has been tried in England, but it has failed. The schools were never established in sufficient numbers to educate the people. It is not reasonable to expect that sects managed by cliques of clergymen in the large towns should be able to manage a complete system of education for the people. The very idea is absurd. Are we then to give up our efforts for the education of the people, because these efforts would interfere with the small, ineffectual endeavours these denominations might make to secure proselytes to their churches through secular schools? Certainly not; the greatest friend to sectarian education could not admit that; and we who oppose that system rejoice that free schools, which are spreading so fast, will effectually put down the endeavours of the sects after educational influencewhich has produced both in Ireland and England such a scarcity of knowledge, and which have not been without their ill-effects in Canada."

"ThePatriotof Tuesday gives us the real reason for his opposition to free schools. Formerly he talked of pauperizing the whole people, of socializing them, of a number of other direful evils to be dreaded as consequences of all free schools. In his last article, however, he admits that his main objection is, that denominational schools can never be supported beside those entirely free. We commend this fact to our friends who are sincerely opposed to sectarian education, and yet are not prepared to accept the principles of entire freedom. It is undoubtedly true what thePatriotsays, denominational schools cannot exist beside free schools. So long as we continue to exact payment from parents, so long will efforts be made by the sects to obtain aid from the public funds and private support in order to weaken the common schools, draw away scholars from them, and destroy their efficiency. When the schools are supported entirely by taxation, no such attempts can be met with success. No sectarian school only partially supported by the State can compete with the free institution,and no one would be foolish enough to propose to endow more than one entirely free school. The people would not stand the taxation. The free principle is a deathblow to the attempts of the priests to get the education of the people into their own hands, to train up the children in classes and denominations, to shut them out from free knowledge, and to give them just what pleases their prejudiced views. ThePatriotthinks it would be tyrannical to prevent the establishment of sectarian schools by means of a free system. We cannot see it in that light. The denominational plan has been tried in England, but it has failed. The schools were never established in sufficient numbers to educate the people. It is not reasonable to expect that sects managed by cliques of clergymen in the large towns should be able to manage a complete system of education for the people. The very idea is absurd. Are we then to give up our efforts for the education of the people, because these efforts would interfere with the small, ineffectual endeavours these denominations might make to secure proselytes to their churches through secular schools? Certainly not; the greatest friend to sectarian education could not admit that; and we who oppose that system rejoice that free schools, which are spreading so fast, will effectually put down the endeavours of the sects after educational influencewhich has produced both in Ireland and England such a scarcity of knowledge, and which have not been without their ill-effects in Canada."

These quotations will for us serve two purposes. They give a fair picture of the free school movement, and they sum up the arguments for and against State education. No thoughtful person in this age can observe the apathy of thousands of people in regard to the education of their children without at times feeling that these people would appreciate schools much more if they had to make some personal sacrifice to secure their advantages. But further thought is almost certain to convince us that free schools are the natural support of a democratic government, and that without their socializing influence a self-governing people would always be more or less at the mercy of demagogues.

The purpose of this chapter is to set forth as briefly as possible the origin and development of Separate Schools in Upper Canada, showing incidentally the part taken in that development by Doctor Ryerson.

If we seek to discover the primary cause of our Separate School system we undoubtedly find it in the almost unanimous desire of the pioneer settlers to have the Common Schools established upon a basis of Christianity, and to secure for their children some positive instruction in the Holy Scriptures. From their standpoint secular schools were of necessity godless schools. We need also to remember that sectarian prejudices were more bitter seventy years ago than they are to-day. Dogma and religion were thought to be inseparable. To-day the various bodies of Christians throughout the world make much of what they hold in common; seventy years ago their grandfathers could not forget the petty differences of doctrine that held them apart. If the schools were to give religious instruction, and if the adoption of some form of instruction acceptableto all was impossible, then separate schools were the logical outcome. And as separate schools for each one of the many sects into which the scattered population of Upper Canada was divided were clearly impossible it naturally followed that such schools were established for Roman Catholics who were comparatively few in number, and who differed in doctrine from Protestants more radically than the various Protestant bodies differed amongst themselves. No one of the Protestant bodies could object to the reading of the Protestant Bible in the schools, but the Roman Catholics naturally objected to their children taking any part in such an exercise.

As pointed out in Chapter IV., the Common School Act of 1841 laid the foundation of Separate Schools. The provisions of that Act applied to the United Canadas. In any township or parish any number of dissentients might elect a trustee board and establish a school, receiving for its support public money in proportion to their numbers. It is clear that in practice under this clause a dissentient school could be established only where the dissentients were sufficiently numerous to furnish at least fifteen children of school age, and contribute a considerable sum for school purposes. Another clause in the Act of 1841 required the Governor to appoint, in towns and cities, school boards made up of an equal number of Protestantsand Roman Catholics, the Protestants to manage schools attended by Protestant children and the Catholics to manage schools attended by Catholic children. But this clause made no provision for Roman Catholics from two or more city school sections combining to form one school for their children, and as Catholics in a single city section were seldom if ever numerous enough to form a school the Act was practically inoperative in securing separate Roman Catholic schools.

The Bill of 1841, as introduced into the Assembly, contained none of the above provisions for Separate Schools, and the question naturally arises, why were they inserted? Several petitions were presented from Boards of Education, and some from Synods of the Presbyterian Church, praying that the Bible be made a textbook in the schools. Bishop Strachan and the clergy of his diocese petitioned "that the education of the children of their own Church may be entrusted to their own pastors, and that an annual grant from the assessments may be awarded for their instruction."[84]The Roman Catholic Bishop of Kingston also petitioned against the Bill as brought in, but did not expressly ask for Separate Schools. It seems natural then to infer (and the Journals of the Assembly for 1841bear out this inference), that the amendments granting Separate Schools were a compromise.

Another amendment authorized Christian Brothers to teach even if they were not naturalized British subjects. In 1843 the Act of 1841 was repealed in so far as it related to Upper Canada. The new Act made it unlawful in any common school to compel the child to read from any religious book or join in any religious exercise to which his parents or guardians objected. It also provided that if the teacher of a school were a Roman Catholic, then any ten householders or freeholders might petition for a Separate School with a Protestant teacher or, in the same way, Roman Catholics might form a Separate School if the teacher were a Protestant.

The grants to these Separate Schools were to be that proportion of the total school fund in any Municipal District that the children in actual attendance at the Separate School bore to the total number of children of school age in the district, and they were subject to the same rules and regulations regarding courses of study and inspection as the Common Schools.

In 1847 an amendment to the Common School Act was passed known as the Towns and Cities Act. This Act gave the Trustee Boards of towns and cities full power to determine the number of, and regulate, denominationalschools. An extract from Ryerson's Annual Report for 1847 as presented to the Provincial Secretary will make clear the nature of the Act and the Chief Superintendent's views of it. Speaking of the provision for Separate Schools in the Act of 1843 he says:

"I have never seen the necessity for such a provision in connection with any section of the Common School Law, which provides that no child shall be compelled to read any religious book or attend any religious exercise contrary to the wishes of his parents and guardians; and besides the apparent inexpediency of this provision of the law it has been seriously objected to as inequitable, permitting the Roman Catholics to have a denominational school, but not granting a similar right or privilege to any one Protestant denomination ... nor does the Act of 1847 permit the election of any sectarian school trustees nor the appointment of a teacher of any religious persuasion as such even for a denominational school. Every teacher of such school must be approved by the town or city school authorities. There are, therefore, guards and restrictions connected with the establishment of a denominational school in cities and towns under the new Act which did not previously exist; it, in fact, leaves the applications or pretensions of each religious persuasion to the judgment of thosewho provide the greater part of the local school fund and relieves the Government and Legislature from the influence of any such sectarian pressure. The effect of this Act has already been to lessen rather than to increase denominational schools, while it places all religious persuasions on the same legal footing, and leaves none of them any possible ground to attack the school law or oppose the school system. My Report on a system of Public Elementary Instruction for Upper Canada, as well as various decisions and opinions which I have given, amply show that I am far from advocating the establishment of denominational schools; but I was not prepared to condemn what had been unanimously sanctioned by two successive Parliaments."[85]

"I have never seen the necessity for such a provision in connection with any section of the Common School Law, which provides that no child shall be compelled to read any religious book or attend any religious exercise contrary to the wishes of his parents and guardians; and besides the apparent inexpediency of this provision of the law it has been seriously objected to as inequitable, permitting the Roman Catholics to have a denominational school, but not granting a similar right or privilege to any one Protestant denomination ... nor does the Act of 1847 permit the election of any sectarian school trustees nor the appointment of a teacher of any religious persuasion as such even for a denominational school. Every teacher of such school must be approved by the town or city school authorities. There are, therefore, guards and restrictions connected with the establishment of a denominational school in cities and towns under the new Act which did not previously exist; it, in fact, leaves the applications or pretensions of each religious persuasion to the judgment of thosewho provide the greater part of the local school fund and relieves the Government and Legislature from the influence of any such sectarian pressure. The effect of this Act has already been to lessen rather than to increase denominational schools, while it places all religious persuasions on the same legal footing, and leaves none of them any possible ground to attack the school law or oppose the school system. My Report on a system of Public Elementary Instruction for Upper Canada, as well as various decisions and opinions which I have given, amply show that I am far from advocating the establishment of denominational schools; but I was not prepared to condemn what had been unanimously sanctioned by two successive Parliaments."[85]

During the Legislative Session of 1850, and while the School Bill was under discussion, a petition was presented by prominent Roman Catholic authorities praying for some modifications of the provisions for Separate Schools in the Bill then before the House. The result was that the 19th clause of the Act of 1850 made it compulsory upon the Municipal Council of any township or the School Board of any city or town or incorporated village, upon the written request of twelve or more resident heads of families, to establish one or more Separate Schools for either Protestantsor Roman Catholics. At this time only fifty-one Separate Schools were in operation in the whole of Upper Canada,[86]of which nearly one-half were Protestant.

According to a letter written by Ryerson to Hon. George Brown[87]there was a movement among certain Anglicans to secure Separate Schools for their children. Had Roman Catholics and Anglicans[88]both secured Separate Schools, it would have wrecked the Common School system, and these two denominations acting in concert were strong enough to defeat the Baldwin-Lafontaine Government. Acting on Ryerson's suggestion, the Government conceded in the main the Roman Catholic claim and secured their support to the Bill. This Bill gave Separate Schools one distinct advantage over the Act of 1843. It made their share of the Separate School fund that part of the total fund which the Separate School attendance bore to the total school attendance. But Separate School supporters were still far from having their schools recognized as a right and placed on an equality with CommonSchools. Separate Schools were granted as a privilege or concession, but not as a right. Let me quote from Ryerson's circular to town reeves on the Act of 1850: "But, notwithstanding the existence of this provision of the law since 1843, there were last year but 51 Separate Schools in all Upper Canada, nearly as many of them being Protestant as Roman Catholic; so that this provision of the law is of little consequence for good or for evil.... It is also to be observed that a Separate School is entitled to no aid beyond a certain portion of the School Fund for the salary of the teacher. The schoolhouse must be provided, furnished, warmed, books procured, etc., by the persons petitioning for the Separate School. Nor are the patrons or supporters of a Separate School exempted from any of the local assessments or rates for common school purposes."[89]

This makes it clear that Separate School supporters were liable to be taxed by the municipality for the support of Common Schools; they might be called upon to pay an assessment to build, repair or furnish a Common School, or to pay a part of the teacher's salary. On the other hand, the only aid they received in support of their own school was a share of the legislative and municipal grantswhich together made up the school fund.[90]It will at once be seen that every step toward free Common Schools placed the Separate School supporters at an increased disadvantage because it made them contribute more and more toward the Common School.

The Act of 1850 caused some friction in Toronto, where the Roman Catholics asked for a second Separate School. The Trustee Board refused on the ground that they were not legally compelled to establish more than one Separate School in the city and the Court of Queen's Bench upheld their decision. By the old Act, under which cities were divided into school sections, there was no legal bar to the establishment of a Separate School in every city school section. Ryerson thought the Roman Catholics had a grievance and consented to recommend the Bill giving a Separate School in each city ward or a Separate School for two or more wards united for such purpose. This amendment was passed in 1851 and caused considerable discussion. A large party in Upper Canada were opposed to Separate Schools on principle and objected to any legislation that would multiply them, make themmore efficient and popular, or grant them more favourable financial support.

The attitude of the out-and-out opponents to Separate Schools was very well expressed by the following Bill,[91]introduced in 1851 by William Lyon Mackenzie:—

"Whereas the establishment of sectarian or Separate Schools, upheld by periodical grants of money from a provincial treasury and placed under the control of the Executive Government through its Superintendents of Education and other civil officers, is a dangerous interference with the Common School system of Upper Canada, and if allowed to Protestants and Roman Catholics cannot reasonably be refused to Episcopalians, Presbyterians, Quakers, Tunkers, Baptists, Independents and other religious denominations; and whereas if it is just that any number of religious sects should have Separate Public Schools it is not less reasonable that they should have separate Grammar Schools, Colleges and professorships in the Universities; and whereas it is unjust for the State to tax Protestants in order to provide for the instruction of children in Roman Catholic doctrines or to tax Roman Catholics for religious instruction of youth in principles adverse to those of the Church of Rome; and as the early separation of childrenat school on account of the creeds of their parents or guardians would rear nurseries of strife and dissension and cause thousands to grow up in comparative ignorance who might under our Common School system obtain the advantages of a moral, intellectual and scientific education, be it enacted therefore that the nineteenth section of the Act of 1850 be repealed."

"Whereas the establishment of sectarian or Separate Schools, upheld by periodical grants of money from a provincial treasury and placed under the control of the Executive Government through its Superintendents of Education and other civil officers, is a dangerous interference with the Common School system of Upper Canada, and if allowed to Protestants and Roman Catholics cannot reasonably be refused to Episcopalians, Presbyterians, Quakers, Tunkers, Baptists, Independents and other religious denominations; and whereas if it is just that any number of religious sects should have Separate Public Schools it is not less reasonable that they should have separate Grammar Schools, Colleges and professorships in the Universities; and whereas it is unjust for the State to tax Protestants in order to provide for the instruction of children in Roman Catholic doctrines or to tax Roman Catholics for religious instruction of youth in principles adverse to those of the Church of Rome; and as the early separation of childrenat school on account of the creeds of their parents or guardians would rear nurseries of strife and dissension and cause thousands to grow up in comparative ignorance who might under our Common School system obtain the advantages of a moral, intellectual and scientific education, be it enacted therefore that the nineteenth section of the Act of 1850 be repealed."

Mackenzie's Bill was defeated by 26 to 5. It lays down broad general principles that are not easy to overthrow, and no doubt several who voted against it would have been glad to see all young Canadians educated together. But if the right to have Separate Schools be granted, and it had been granted by successive School Acts for Upper Canada, then it seems naturally to follow that the Legislature was bound to place no obstacles in the way of their formation and to make them efficient.

Separate Schools were at first grudgingly granted as a privilege, but not as a right. Naturally, every extension of the privilege was used by the supporters of these schools as a vantage-ground from which to secure further privileges and gradually convert these into rights. At first the parties seceding from the Public Schools shared only in the school fund made up of the legislative grant and an equal sum levied by the district, town or city council—thewhole being available only for the payment of teachers' salaries. Supporters of Separate Schools were liable to be taxed for the building and equipment of Public Schools in addition to the support of their own. They claimed apro ratashare of all moneys levied by taxation, and in some cases the law was invoked in an attempt to secure such share.

In 1853, a radical amendment was adopted by which Separate School supporters received apro ratashare of the legislative grant only, and upon subscribing for school purposes a sum equivalent to the grant secured were relieved of all taxation for Common School purposes. The Act of 1853 also gave the Separate School trustees power to issue certificates to the teachers employed by them, and the same power of levying rates upon the supporters of their schools as that exercised by trustees of Common Schools.

While the Separate School Bill of 1853 was before the Legislature, there was an attempt to introduce a clause establishing a general Board of Trustees for Separate or sectarian Schools in towns and cities. Ryerson went to Quebec to confer with the Attorney-General and vigorously opposed the Bill. His correspondence shows that he had no wish to place Separate Schools on an equality with Public Schools. In fact he wished to do nothing that would encourage or make easy their formation. Thelaw as it stood allowed Separate Schools only when the teacher was of a different religious faith from those wishing the Separate School. A general Board of Separate School Trustees for every town or city would have greatly increased the number of Separate Schools. Ryerson says: "This is placing Sectarian Schools upon a totally different foundation from that on which they have always stood; it is the introduction of a system of sectarian schools without restriction and almost without conditions.... If there are city and town Boards of Sectarian School Trustees they will claim the right of appointing their own local superintendents, and thus their schools will be shut up against all inspection except that they themselves may please to require or permit.... Thus such a Board in Toronto might recognize and claim public aid for every child taught in convents and by other private teachers of the same religious persuasion.... If provision be made in each city and town to incorporate into one Board one religious persuasion, exempting it from the payment of school rates and authorizing it to tax and collect from its own members to any amount for school purposes, the application of any other religious persuasion in any such city or town cannot be consistently or fairly resisted.... The effect of all this would be to destroy the system of Public Schools in cities andtowns and ultimately perhaps in villages and townships, and to leave all the poorer portion of the population and that portion of it connected with minor religious persuasions without any adequate and certain means of education. I think the safest and most defensible ground to take is a firm refusal to sanction any measure to provide by law increased facilities for the multiplication and perpetuation of sectarian schools."[92]

The attitude of the extreme opponents of Separate Schools may be made clear from the editorials of George Brown in the TorontoGlobe. On April 2nd, 1853, he says:—

"But under the new Bill the taxation of the Roman Catholic parents and the whole charge of the Separate Schools are to devolve on the Popish authorities. The schools are to become henceforth distinct, not only in their mode of tuition, but in the machinery by which they are to be conducted. They are to retain no vestige of connection with the general educational system, which is the pride and glory of the Canadian people. Any Roman Catholic has only to declare himself a supporter of a Separate School and straightway he is relieved from taxation for the maintenance of the general system. As at present constituted, there is akind of guarantee that Roman Catholics are educated, that they are not left entirely in ignorance, but under Mr. Richards' Bill there would be none.... The plain and obvious intention of the Bill is the still further development of the sectarian element in our Common Schools. The Roman Catholics were not satisfied with what they had already gained. They wished to obtain their share of the annual Parliamentary grant, paid out of the revenue, which is made up almost exclusively from Protestant money. They wished to have their schools altogether free from the supervision of the general trustees. Their bishops went down to Quebec, theMirrorannouncing their departure, and hinting at the object of their journey, and straightway we have the Bill from Mr. W. B. Richards, granting to them all they had demanded. If they had asked much more it would have been granted to them by the present Government. If this Bill passes into law, the sectarian system will be fully and thoroughly introduced, and must be carried out to its utmost extent. The Roman Catholics say that they are not satisfied to send their children to the Common Schools, and they are free from taxation. The Episcopalians are ready to say the same, and we ask whether in fairness we can refuse to one what we grant to the other? And then the Methodists will demand separate schools, and the Presbyterians,and all hopes of the education of the people may be abandoned. Yet this Bill has been introduced by a Government raised to power upon the principle that our school system should be free from clerical control. 'No sectarian schools' was the watchword at the last election among Reformers, yet one of the first measures introduced by the Reform Government is to establish sectarian schools more thoroughly than before. We look to them to abolish, and behold! they ratify and confirm the evils of their predecessors. Where is this to stop? When is the measure of the iniquity of this Government to be filled up?... Let our school system, the source of light and intelligence, be destroyed, and what remains to us of hope for the country? They, as it were, would go gradually back to the darkness of ignorance and superstition. We shall consider no institution safe from priestly encroachments if this Bill is carried. There is no point upon which the people of Upper Canada can be more severely wounded than their common schools. Every true patriot has fondly looked to them as the safeguards against the despotism of priestcraft, and against violence of an ignorant and, therefore, vicious populace. If they are sacrificed, if their noble endowment is scattered among the sects, frittered away on a dozen different school systems, if the priests are to take possession of allthe avenues of knowledge, what will be the fate of this Province? Will it rise in the scale of nations, ever to be distinguished for the intelligence of its people, for its prosperity and advancement?"[93]

"But under the new Bill the taxation of the Roman Catholic parents and the whole charge of the Separate Schools are to devolve on the Popish authorities. The schools are to become henceforth distinct, not only in their mode of tuition, but in the machinery by which they are to be conducted. They are to retain no vestige of connection with the general educational system, which is the pride and glory of the Canadian people. Any Roman Catholic has only to declare himself a supporter of a Separate School and straightway he is relieved from taxation for the maintenance of the general system. As at present constituted, there is akind of guarantee that Roman Catholics are educated, that they are not left entirely in ignorance, but under Mr. Richards' Bill there would be none.... The plain and obvious intention of the Bill is the still further development of the sectarian element in our Common Schools. The Roman Catholics were not satisfied with what they had already gained. They wished to obtain their share of the annual Parliamentary grant, paid out of the revenue, which is made up almost exclusively from Protestant money. They wished to have their schools altogether free from the supervision of the general trustees. Their bishops went down to Quebec, theMirrorannouncing their departure, and hinting at the object of their journey, and straightway we have the Bill from Mr. W. B. Richards, granting to them all they had demanded. If they had asked much more it would have been granted to them by the present Government. If this Bill passes into law, the sectarian system will be fully and thoroughly introduced, and must be carried out to its utmost extent. The Roman Catholics say that they are not satisfied to send their children to the Common Schools, and they are free from taxation. The Episcopalians are ready to say the same, and we ask whether in fairness we can refuse to one what we grant to the other? And then the Methodists will demand separate schools, and the Presbyterians,and all hopes of the education of the people may be abandoned. Yet this Bill has been introduced by a Government raised to power upon the principle that our school system should be free from clerical control. 'No sectarian schools' was the watchword at the last election among Reformers, yet one of the first measures introduced by the Reform Government is to establish sectarian schools more thoroughly than before. We look to them to abolish, and behold! they ratify and confirm the evils of their predecessors. Where is this to stop? When is the measure of the iniquity of this Government to be filled up?... Let our school system, the source of light and intelligence, be destroyed, and what remains to us of hope for the country? They, as it were, would go gradually back to the darkness of ignorance and superstition. We shall consider no institution safe from priestly encroachments if this Bill is carried. There is no point upon which the people of Upper Canada can be more severely wounded than their common schools. Every true patriot has fondly looked to them as the safeguards against the despotism of priestcraft, and against violence of an ignorant and, therefore, vicious populace. If they are sacrificed, if their noble endowment is scattered among the sects, frittered away on a dozen different school systems, if the priests are to take possession of allthe avenues of knowledge, what will be the fate of this Province? Will it rise in the scale of nations, ever to be distinguished for the intelligence of its people, for its prosperity and advancement?"[93]

The following from the TorontoExaminer, reprinted in theGlobeof April 7th, 1853, shows that theGlobewas not alone in its opinions:—

"We are reluctantly forced to the conviction that the rupture, complete and final, of the Common School system of Canada is only a question of time. We were among those who looked anxiously to the Government for a liberal and decided policy on this momentous question. An examination of the supplementary School Bill which we give in other columns will bear us out but too fully, we fear, in pronouncing its liberality exceedingly questionable.... How different in Canada. Reformers have been bidding for Roman Catholic votes until they are likely to bid away every distinctive principle which they hold, and when this is done will it satisfy the ends of men whose mission is to establish in the place of free institutions the domination of priestcraft?"

"We are reluctantly forced to the conviction that the rupture, complete and final, of the Common School system of Canada is only a question of time. We were among those who looked anxiously to the Government for a liberal and decided policy on this momentous question. An examination of the supplementary School Bill which we give in other columns will bear us out but too fully, we fear, in pronouncing its liberality exceedingly questionable.... How different in Canada. Reformers have been bidding for Roman Catholic votes until they are likely to bid away every distinctive principle which they hold, and when this is done will it satisfy the ends of men whose mission is to establish in the place of free institutions the domination of priestcraft?"

The following from the Roman CatholicMirror, quoted in theGlobe, April 9th, 1853, shows that the Roman Catholics were well pleased with the Bill:

"We freely admit that we had certain misgivings respecting the amount of relief which might be expected from the measure proposed, which from the haughty and dictatorial tone assumed by the Chief Superintendent of Schools for Upper Canada, in his late perambulations, we were prepared at least to regard with suspicion. The terms on which justice has been hitherto meted out in stinted and niggard instalments, under the existing law, and the many instances in which it has been withheld or contemptuously refused, may have rendered us over-sensitive; but we must acknowledge that when we observe Dr. Ryerson publicly promulgate the conditions on which he would concede to Catholics the privilege of directing the education of their own children, we were prepared to expect a reiterated legislative insult and a gross injustice, not a measure restrictive, partial and oppressive. We have been most agreeably disappointed; the Bill of the 'Honourable Attorney-General West,' with some slight modifications which can be readily introduced in committee, will form the basis of an educational system ofsound principle, particularly calculated to do justice to all classes of the community."

"We freely admit that we had certain misgivings respecting the amount of relief which might be expected from the measure proposed, which from the haughty and dictatorial tone assumed by the Chief Superintendent of Schools for Upper Canada, in his late perambulations, we were prepared at least to regard with suspicion. The terms on which justice has been hitherto meted out in stinted and niggard instalments, under the existing law, and the many instances in which it has been withheld or contemptuously refused, may have rendered us over-sensitive; but we must acknowledge that when we observe Dr. Ryerson publicly promulgate the conditions on which he would concede to Catholics the privilege of directing the education of their own children, we were prepared to expect a reiterated legislative insult and a gross injustice, not a measure restrictive, partial and oppressive. We have been most agreeably disappointed; the Bill of the 'Honourable Attorney-General West,' with some slight modifications which can be readily introduced in committee, will form the basis of an educational system ofsound principle, particularly calculated to do justice to all classes of the community."

The following resolutions of the Synod of the United Presbyterian Church, printed in theGlobe, June 30th, 1853, shows the opinion of that body on the Common School question:—

"Resolved. I. That this Synod approve of a national system of education, placing all the members of the community upon a level, and encouraging, as that now in force in this Province does, the use of the Scriptures under certain reasonable regulations, as are also prescribed therein."II. Holding these views, we deeply regret to perceive the principle of sectarian schools, so distinctly recognized in the latest amendments of the Provincial School Act, and do strongly testify against such a principle as impolitic and mischievous, recognizing as it does the right of the Government to take the moneys of the public and appropriate them for the purpose of sustaining and extending religious distractions, and thereby continuing to stimulate the elements of discord throughout the community and mar greatly social interests."III. That this Synod recommend to those under their care the use of every proper and constitutional means to secure the repeal of allsuch statutes as recognize the principle of sectarian schools."

"Resolved. I. That this Synod approve of a national system of education, placing all the members of the community upon a level, and encouraging, as that now in force in this Province does, the use of the Scriptures under certain reasonable regulations, as are also prescribed therein.

"II. Holding these views, we deeply regret to perceive the principle of sectarian schools, so distinctly recognized in the latest amendments of the Provincial School Act, and do strongly testify against such a principle as impolitic and mischievous, recognizing as it does the right of the Government to take the moneys of the public and appropriate them for the purpose of sustaining and extending religious distractions, and thereby continuing to stimulate the elements of discord throughout the community and mar greatly social interests.

"III. That this Synod recommend to those under their care the use of every proper and constitutional means to secure the repeal of allsuch statutes as recognize the principle of sectarian schools."

The movement for extended Separate School privileges was being championed by Bishop de Charbonnel, of Toronto. During 1852 he had a long controversy with Ryerson on the school question.[94]Ryerson's letters during this controversy make it quite clear that he thought Separate Schools a huge blunder, and that while he had honestly attempted to give Roman Catholics all the law allowed them he hoped and expected to see their schools die a natural death.

In his Report for 1852, the Superintendent points with pride to the fact that Separate Schools are not increasing. Indeed, he congratulates himself that the provision in the law allowing them is really a good thing, since it is not very effective in practice but yet acts as a safety valve to prevent violent opposition to the school system. He believed that the Roman Catholics themselves would ultimately see that a policy of isolation of their children would have the effect of cutting them off from many of their natural privileges as Canadian citizens. And had the Separate School Act of 1853 remained unaltered, events would likely have shown Ryerson to be correct in his views.He believed the Act of 1853 was final, and that without any municipal machinery for collecting their taxes Separate Schools would never become numerous.

In this he was greatly mistaken, as events proved. In 1854, the Roman Catholic Bishops of Toronto, Kingston and Bytown, drew up a Separate School Bill which they wished should become law. This Bill would have forced all Roman Catholics to support Catholic Separate Schools wherever such were established. It also had other provisions which Ryerson thought objectionable. In 1855 a Separate School Bill, known as the "Taché Bill," was introduced into the Legislative Council, and after some amendments adopted by both branches of Parliament. This Act differed from all previous Acts in that its provisions were exclusively for Roman Catholic Separate Schools. It repealed all previous legislation for Separate Schools in so far as Roman Catholics were concerned. It made possible the establishment of a Roman Catholic Separate School in any school section or any ward of a town or city on petition of ten Roman Catholic ratepayers and gave them a Separate School Board with their own Superintendent in towns and cities. Such Roman Catholic ratepayers were relieved from all municipal rates for Common School purposes, and received for their own school apro ratashareof the Legislative grant if they had an average attendance of 15 pupils. The Act also made possible general Boards of Separate School Trustees in towns and cities and gave all Separate School Boards power to license their own teachers and levy rates for Separate School purposes upon the supporters of those schools. The Act was in principle a distinct gain for the champions of Separate Schools, but it led to no rapid increase in the number of such schools. In 1858, only 94 Separate Schools were in existence with an enrolment of less than 10,000 children, as compared with an enrolment of 284,000 in the Public Schools. The Act of 1855 was really forced upon Upper Canada by the votes of members from Lower Canada, there being a majority of Upper Canada members against the Bill.

It would seem that the Roman Catholics did not gain by the Taché Bill as much as they expected. The following letter written to Dr. Ryerson from Quebec, on June 8th, 1855, by John (afterwards Sir John) A. Macdonald, Attorney-General for Upper Canada, who had charge of the Bill in the Assembly, shows that political exigencies played no small part in school legislation: "Our Separate School Bill, which, as you know, is now quite harmless, passed with the approbation of our friend, Bishop Charbonnel, who, before leaving here, formally thanked the administration for doingjustice to his Church. He has got a new light since his return to Toronto, and he now says the Bill won't do. I need not point out to your suggestive mind that in any article written by you on the subject it is politic to press two points on the public attention: 1st, That the Bill will not, as you say, injuriously affect the Common School system. This for the people at large. 2nd, That the Bill is a substantial boon to the Roman Catholics. This to keep them in good humour. You see that if the Bishop makes the Roman Catholics believe that the Bill is no use to them there will be a renewal of an unwholesome agitation which I thought we had allayed."[95]

That Sir John A Macdonald was largely in agreement with Dr. Ryerson on the Separate School question is the opinion of Sir Joseph Pope, his biographer, who says on page 138 of his Memoirs: "Mr. Macdonald said that he was as desirous as anyone of seeing all children going together to the Common School, and if he could have his own way there would be no Separate School. But we should respect the opinions of others who differed from us, and they had a right to refuse such schools as they could not conscientiously approve of."

From 1855 to 1863, no important changes took place in the law governing Separate Schools. These schools were increasing veryslowly, not so fast as the natural growth of the Roman Catholic population. In 1860, there were only 115 Separate Schools with an enrolment of 14,708 as compared with some 325,000 in the Public Schools. In 1860, Mr. (afterwards Honourable) R. W. Scott introduced a Bill planned to give Separate Schools additional privileges. Substantially the same Bill was introduced annually by Mr. Scott until 1863, when it passed with amendments, some of which were suggested by Dr. Ryerson. As a matter of fact, the Taché Act of 1855, which was suggested partly by the status of Protestant dissentient schools in Lower Canada, had imposed some useless but vexatious restrictions upon Separate School supporters. In 1862, Ryerson proposed to satisfy what he called the reasonable demands of Roman Catholics by making four changes, as follows:—[96]

1st. To allow the formation of Separate Schools in incorporated villages and in towns (the Taché Act allowed a Separate School only in the ward of a town and not a school for the town as a whole); 2nd. To allow a union of two or more Separate Schools; 3rd. To make it unnecessary for a Separate School supporter annually to declare himself such; and 4th. To exempt Separate School trustees frommaking oath as to the correctness of their school returns.

The Scott Bill of 1863[97]as finally adopted by the Legislature, embodied all these provisions and some others of importance. Separate School teachers were to submit to the same examinations and receive the same certificates of qualification as Public School teachers, but all teachers qualified by law in Lower Canada were to be qualified teachers for Separate Schools in Upper Canada. This provision was to allow the teachers of religious orders[98]recognized by law as qualified in Lower Canada to teach in Separate Schools in Upper Canada. The Act also made taxpayers who withdrew their support from Separate Schools liable for their share of debts incurred while Separate School supporters in building or equipping Separate Schools. On the whole, the Scott Bill, while in its unamended form it aroused great opposition in Upper Canada, as finallyadopted, tended to bring the Separate Schools into closer harmony with the principles governing Public Schools. The feature of the Bill that aroused most opposition was its being forced upon Upper Canada by votes of Lower Canadian members—there being a majority[99]of ten Upper Canada members against the third reading of the Bill in the Assembly. Such well-known men as John A. Macdonald, John Sandfield Macdonald and Wm. Macdougall supported the Bill, while George Brown, Alexander Mackenzie and Oliver Mowat opposed it.

Ryerson claimed[100]that he agreed to the amended Scott Bill only on the distinct understanding that it was to be a finality in Separate School legislation. He also claimed that the Roman Catholic Bishops of Quebec, Kingston and Toronto accepted the Bill as a final settlement. But nothing is final in legislation, and Dr. Ryerson ought to have known this. Legislation is as much the result of a process of evolution as any other institution of human society, and no three or four men, whether priests or laymen, could speak authoritatively and finally for the thousands of Roman Catholics in Upper Canada.

Separate Schools increased slowly. In 1863 they numbered 115, with 15,000 pupils, thePublic Schools having during the same year 45,000 Roman Catholic pupils. In 1864, Separate Schools had increased to 147 with 17,365 pupils. In 1871, the number was 160, with 21,000 pupils.

Almost immediately after the Scott legislation of 1863, an agitation began for further amendments to the Separate School Act. Ryerson made strong objections partly on the ground of the alleged compact of 1863, and partly on the ground that no legislation could possibly make Separate Schools really popular and efficient outside of large towns and cities.

In 1865, the school administration was attacked by James O'Reilly, of Kingston, and, in a memorandum prepared as a reply to these attacks, Ryerson goes into some detail to justify his Separate School policy and reiterates his firm belief that sectarian schools must ever be relatively inefficient. He concludes as follows: "The fact is that the tendency of the public mind and of the institutions of Upper Canada is to confederation and not isolation, to united effort and not divisions. The efforts to establish and extend Separate Schools, although often energetic and made at great sacrifice, are a struggle against the instincts of Canadian society, against the necessities of a sparsely populated country, against the social and political interest of the parents and youth separated from their fellow-citizens. It isnot the Separate School law that renders such efforts fitful, feeble and little successful; their paralysis is caused by a higher than human law, the law of circumstances—the law of nature, and the law of interest.

"If, therefore, the present Separate School law is not to be maintained as a final settlement of the question and if the Legislature finds it necessary to legislate on the Separate School question again, I pray that it will abolish the Separate School law altogether; and to this recommendation I am forced after having long used my best efforts to maintain and give the fullest effect and most liberal application to successive Separate School acts—and after twenty years' experience and superintendence of our Common School system."[101]

When the Confederation resolutions adopted at Quebec in 1864 were being discussed in the Canadian Assembly in 1865, an extended debate arose over the clause which secured for the minorities in Upper and Lower Canada the privilege of Separate Schools. Men like George Brown and Alexander Mackenzie, who had opposed the Scott Bill of 1863, defended the minority clause on the ground that it would place Upper Canada in no worse position than she already was in regard to sectarian schools, and that privileges given ought not to be withdrawn.The Assembly were almost unanimous in supporting the Separate School clause which was incorporated into the British North America Act.

No changes in Separate School legislation were made after Confederation until 1886, and the only events of passing importance in Separate School affairs were the objections raised in Kingston in 1865 and in Toronto in 1871 to visits of inspection by the Grammar School Inspector, who had been appointed to make these visits by the Council of Public Instruction. When Dr. Ryerson pointed out that these visits were authorized by the Scott Bill of 1863, the Bishops very gracefully waived their objections and the principle of Separate School inspection by Government officers was established. In 1874, the three High School Inspectors made a general inspection of Separate Schools. In their report to the Government they say: "The inspection of the Separate Schools derives an additional interest and importance from the peculiar position they occupy in our educational system. Among them we have found both well-equipped and ill-equipped, both well-taught and ill-taught schools. On the whole we regret that in the majority of cases the buildings, the equipment, and the teaching are alike inferior. There are but few Separate School teachers whose school surroundings are such as to maketheir positions enviable, and accordingly a large measure of approbation is due to those who have succeeded in doing good work. We have pleasure in stating that in many places the Separate School Boards are beginning to see that they must either make the schools under their charge more efficient or close them altogether. There are many things connected with the operation of the Separate School Act which invite comment; but we think it best to postpone the expression of our views until they are matured by the experience of another year."

Some years after this, in 1882, the Education Department adopted the plan of appointing special Roman Catholic Inspectors of Separate Schools. No doubt regular inspection of these schools has done much to increase their efficiency, but it is to be regretted that the plan of inspection adopted tends to widen still further the breach between them and the schools of the mass of the people.

Four years after Ryerson's death, the Act relating to Separate Schools was revised and amended. No new principles were introduced, but every amendment made tended to place Separate School supporters on an equality with supporters of Public Schools. The number of schools has gradually increased owing to the rapid increase in our urban population. In 1884 there were 207 Separate Schools, with27,463 pupils; in 1894, 328 schools with 39,762 pupils; and in 1906, 443 schools with 50,000 pupils.

Perhaps the most important event connected with the history of Separate Schools since 1886 was the decision of the Judicial Committee of the Privy Council in November, 1906. This decision made it clear that the clause declaring persons qualified as teachers in Quebec at the time of Confederation to be qualified teachers of Separate Schools in Ontario applied only to individuals and not to religious corporations as such. The result will be that the Separate Schools ought soon to have a body of teachers with the same academic standing and the same normal training as the Public Schools.

As already shown in the chapters on the early history of schools in Upper Canada, Grammar Schools were provided for before any provision was made for Common Schools. In fact the chief nominal purpose of the large grant of public land in 1799 was to endow Grammar Schools, and in 1807 schools were opened in each of the eight Districts into which Upper Canada was then divided. These schools were supposed to be classical schools, fashioned upon the model of the great English Public Schools. As a matter of fact they had no uniform standard of equipment, staff, course of study or graduation. A few schools, such as Cornwall, Kingston, York, and Niagara, were famous and turned out many able men. Some of the schools received pupils who could not read, and were in no sense secondary schools. As the population increased, new schools were opened. Although originally intended to be free schools, they all charged fees. The public grant, which was paid direct to the principal, was one hundred pounds for each school. As the population increased, new schools wereopened, and by 1844, when Ryerson became Superintendent of Education, twenty-five Grammar Schools and Academies were in operation.

These schools were managed by trustees appointed by the Crown, but were under no proper Government control. They were never really inspected. Each school was a law unto itself. All were supposed to teach Latin and Greek, but in many of them there was not a single pupil studying either of these languages. They were handicapped in many ways. For years there were no good elementary schools from which they could draw pupils with a foundation for a secondary education. During the same long period there were in Upper Canada no colleges to which graduates of Grammar Schools might go for professional training. This gave these schools a wide scope and great opportunities, but few seized the opportunities. The poverty of the people and the natural apathy of many in regard to education also prevented the development of good schools.

Good schools are possible only with good teachers, and good teachers in Upper Canada were not easily secured. The professions of law and medicine then, as now, were much more attractive than teaching for men of ability and education. Mercantile life also offered great opportunities. The result was that theGrammar Schools were often in charge of incompetent teachers.

Ryerson's commission gave him no control over Grammar Schools. But his first Report in 1846 recommended a graded, unified system of schools from the Common School to the University. He also pointed out that these Grammar Schools which were intended for a special work were teaching everything taught in a Common School. In his Report for 1849 he recommended a commission of inquiry into the state of Grammar Schools and showed that the whole thirty or forty schools had matriculated only eight students into the University during that year. He suggested a fixed course of studies, a minimum qualification for entrance, and Government inspection. "Surely," he says, "it never could have been intended that the Grammar Schools should occupy the same ground as Common Schools, should compete with them, thus lowering the character and efficiency of both.... I am far from intimating an opinion that there are no efficient Grammar Schools in the Province, even under the present system or rather absence of all system. There are several instances in which separate apartments for different classes of pupils are provided and assistance employed to teach the English branches, but such examples are rather exceptions to the general rule than the rule itself. The general rule is whether there bean assistant or not to admit pupils of both sexes and all ages and attainments for A B C and upwards into schools which ought to occupy a position distinct from and superior to that of the Common Schools. Equally far be it from me to intimate that there is any deficiency of qualifications on the part of masters of Grammar Schools. But I doubt not that they will be the first to feel how much the efficiency and pleasures of their duties will be advanced by the introduction of a proper and uniform system as they will be the first to confess, 'non omnia possumus omnes.'"[102]

After the Common Schools had been brought under the rule of law it was inevitable that the Grammar Schools should be reorganized. In 1850, Francis Hincks introduced a Grammar School Bill prepared by Doctor Ryerson. This Bill aimed at bringing the schools under popular control and administering them on lines similar to those governing Common Schools. Trustees were to be appointed by County Councils; Trustee Boards were to have power to levy rates for buildings, equipment and apparatus; the Legislative grant was to be distributed to the several Districts on the basis of population, but only when local contributions made up a sum equal to the grant exclusive of pupils' fees; the programme of studies was tobe broad enough to prepare for matriculation; the Council of Public Instruction was to fix Grammar School programmes, prescribe texts and appoint inspectors. A meteorological station was to be established in connection with one Grammar School in each District. This Bill was withdrawn, but a similar one[103]became law on January 1st, 1854. The new Act, as amended in 1855, also provided for uniting Grammar Schools with Common Schools and provided that a Grammar School master, unless a university graduate, must secure a certificate from a Board of Examiners appointed by the Council of Public Instruction. This Act also authorized an annual appropriation of £1,000 to establish a Model Grammar School in connection with the Normal School, authorized the Council of Public Instruction to appoint Grammar School inspectors, and made up a liberal grant to secure libraries and apparatus. After this legislation, the Council of Public Instruction drew up regulations governing the curriculum of Grammar Schools and took steps to bring about the use of uniform texts. From the first there were two courses of study, a general English course and a classical course leading to matriculation. The head master ofeach Grammar School was required to conduct an examination of candidates for admission, the requirements being intelligible reading from any common reading book, spelling, writing, elementary arithmetic, and the elements of English grammar, with definitions of geography.

In the autumn of 1855, the Grammar Schools were inspected, those in the east by Thomas Jaffray Robertson and those in the west by William Ormiston. Their reports show that many of these schools were indifferent and a few hopeless. Perhaps half of them were doing fairly well. The attendance averaged about thirty, of whom nearly one-half were studying Latin. Half of the schools admitted female pupils. The highest salary paid a head master was $1,200, while the average for head masters was $700. Few of the schools had two masters. Half the total number of head masters were graduates of British or Canadian universities. In some cases the teachers were paid a fixed salary, and in some cases they got the Government grant and the school fees. These fees averaged about three dollars per quarter. In a few cases the head master had a dwelling in connection with the school.

The inspectors criticised the buildings, equipment and grounds severely, as the following extracts will show:—

"Of the Grammar School houses seventeen were originally built for school purposes and several of them, which were spacious and substantial buildings, may be classed as good; ten were somewhat inferior; and one, a very old wooden building, could scarcely be considered habitable. Nine schools were carried on in premises rented for the purpose and were in most instances totally unfit. In many cases the grounds attached to the schoolhouses were partially or entirely unfenced, and the sheds or outhouses were in a shameful state of neglect. Even in the neatest premises I saw no attempt at ornament; not a tree, shrub or flower to awaken or cultivate a taste so simple and natural in itself and so easily gratified as it could be in rural districts.... Very many of these houses are inferior to the Common Schools. In most cases the premises present a dull, unthrifty and unattractive appearance, destitute alike of ornament and convenience, without fence, shed, well, tree, shrub or flower, while within an entire lack of maps, charts and apparatus is with too few exceptions the general rule."[104]

"Of the Grammar School houses seventeen were originally built for school purposes and several of them, which were spacious and substantial buildings, may be classed as good; ten were somewhat inferior; and one, a very old wooden building, could scarcely be considered habitable. Nine schools were carried on in premises rented for the purpose and were in most instances totally unfit. In many cases the grounds attached to the schoolhouses were partially or entirely unfenced, and the sheds or outhouses were in a shameful state of neglect. Even in the neatest premises I saw no attempt at ornament; not a tree, shrub or flower to awaken or cultivate a taste so simple and natural in itself and so easily gratified as it could be in rural districts.... Very many of these houses are inferior to the Common Schools. In most cases the premises present a dull, unthrifty and unattractive appearance, destitute alike of ornament and convenience, without fence, shed, well, tree, shrub or flower, while within an entire lack of maps, charts and apparatus is with too few exceptions the general rule."[104]

Two years later the same inspectors made another general report on Grammar Schools. They found some improvements but many weak schools doing the most elementary CommonSchool work. They deprecated the practice, then becoming somewhat common, of establishing new Grammar Schools in small villages.

It is abundantly clear from Ryerson's Reports, 1856-58, that he was dissatisfied with the progress being made in Grammar Schools and eager to attempt their improvement by means of further legislation. The most serious problem was that of providing an adequate and certain financial support for these schools. The schools were managed by trustee boards appointed by County Councils, but were attended largely by pupils of towns and cities. The people using them and contributing largely to their support were not given the power to manage them.

Ryerson was also very doubtful about the result of the experiment authorized in 1854, of uniting Common and Grammar Schools. The union gave trustee boards increased freedom of management, but in many cases the union school became, for all practical purposes, a common school, having, perhaps, three or four senior pupils studying Latin and Greek. Such schools brought all Grammar Schools into contempt.

The report of the Grammar School inspector on the schools of Eastern Ontario, for 1860, shows that things were far from satisfactory:

"With the exception of two or three really good schools our Grammar Schools in the extreme East are in a very low state. Some of them I can only designate as infant schools. Nor do I see anything from the localities in which they are placed or the present state of the Grammar School law which gives me any hope of amelioration. Advancing civilization and the material growth of the country in time may act upon them, but immediate remedies and those of a stringent nature are imperatively needed.... The want of a class of specially trained Grammar School masters who have taken this as a permanent profession for life is a great drawback to the efficiency of our schools. The supposed inferior social status of the Grammar School master and the larger rewards held out for superior mental activity in the other professions turn aside most of those who are most eminently qualified for the scholastic office. Of the twenty-two schools mentioned in my report six were in the hands of persons who avowedly were making teaching the stepping-stone to the attainment of other professions, as law, medicine, or the church. Several were evidently conducted by persons who had taken to teaching after having failed in other walks of life. Comparatively few were held by those who were fitted for their office by previous training, or weredevoting themselves entirely to their work as the main business of their lives."[105]

"With the exception of two or three really good schools our Grammar Schools in the extreme East are in a very low state. Some of them I can only designate as infant schools. Nor do I see anything from the localities in which they are placed or the present state of the Grammar School law which gives me any hope of amelioration. Advancing civilization and the material growth of the country in time may act upon them, but immediate remedies and those of a stringent nature are imperatively needed.... The want of a class of specially trained Grammar School masters who have taken this as a permanent profession for life is a great drawback to the efficiency of our schools. The supposed inferior social status of the Grammar School master and the larger rewards held out for superior mental activity in the other professions turn aside most of those who are most eminently qualified for the scholastic office. Of the twenty-two schools mentioned in my report six were in the hands of persons who avowedly were making teaching the stepping-stone to the attainment of other professions, as law, medicine, or the church. Several were evidently conducted by persons who had taken to teaching after having failed in other walks of life. Comparatively few were held by those who were fitted for their office by previous training, or weredevoting themselves entirely to their work as the main business of their lives."[105]

There seems also to have been a disposition to unduly multiply Grammar Schools because they were supported so largely by the Legislative grant. The Rev. Dr. Paxton Young, Inspector of Grammar Schools, in his report for 1864, says: "The too free and inconsiderate exercise by County Councils of the large power thus entrusted to them has led to a heedless and most unfortunate multiplication of the Grammar Schools, and the evil instead of showing any symptoms of abatement appears to be growing worse from year to year. In 1858 the number of the schools was seventy-five; in 1860 it was eighty-eight; in 1863 it had risen to ninety-five; and the number of recognized schools is now as high as one hundred and eight. Not a few of the schools thus hastily established are Grammar Schools in name rather than in reality, the work done in them being almost altogether Common School work, which, as a rule, would be much better performed in a well-appointed Common School. I believe that County Councils are often led to establish Grammar Schools in localities where they are not needed under the idea that if the schools should be productive of no good at any rate they can do no harm. There could not be a greater mistake. Men ought to bewise enough by this time to understand that all public institutions, especially if forming parts of a great plan, must, where unnecessary, be positively bad. Needless and contemptible Grammar Schools are a blot upon the whole school system, the sight of which is fitted to shake the confidence of the country in the administrative wisdom or firmness of those to whom the direction of educational matters is committed. When it is considered that the apportionment from the Grammar School fund to a particular county is divided according to certain fixed principles between the different schools in that county, it will be seen that the disposition manifested by some councils to secure the largest number of schools for their county, is practically a disposition to secure quantity for quality, for as the number of schools is augmented the salaries of the masters are diminished, the tendency of which is, of course, to throw the schools into the hands of a lower grade of teachers.... About three out of every five Grammar Schools in Upper Canada have Common Schools united with them, and, in not a few instances, where unions have not yet been formed, I found a strong disposition existing to enter into such an arrangement. I made it my business to inquire particularly into the benefits supposed to result from the union of the Common with the Grammar Schools. The chief advantagewas in almost every case admitted to be a pecuniary one. By the existing law Grammar School trustees have of themselves no power to raise money for Grammar School purposes, but in case of the Common and Grammar Schools becoming united the joint boards may levy money for the support of the united schools. This being so, it is easy to comprehend how strongly the trustees of a Grammar School who feel their hands tied up from doing anything to put the school in an efficient state may be tempted to make with the Common School Board a league which will give them a voice in the important matter of taxation.... But of nothing am I more convinced than that as a rule such a union is undesirable. In a large number of instances it throws upon the Grammar School master the necessity of receiving into his room, and personally instructing, Common School pupils, as well as those whom it is his more particular duty to attend to. A consequence of this is that he cannot afford the Grammar School pupils the time that is necessary for drilling them in the subjects that they are studying."[106]


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