I will now give a brief historical sketch of the proceedings of our Legislature in the matter of Collegiate education.

In July, 1797, the Upper Canada Legislature, in terms of Governor Simcoe's Letter to the Duke of Portland, Colonial Secretary, petitioned the King "to appropriate a certain portion of the Waste Lands of the Crown as a Fund for the establishment and support of .

a respectable Grammar School in each District, and also of a College, or University," etcetera.

It is a singular and notable fact that although the King responded graciously to the Petition of the Legislature, yet the Grant made was a much more far-seeing and comprehensive one than that asked for by the Legislature. The Despatch on the subject by the Colonial Secretary, dated the 4th of November, 1797, states that His Majesty made the Grant:

First, for the establishment of Free Grammar Schools..

Secondly, "in due course of time," for the "establishment of other Seminaries of a larger and more comprehensive nature, for the promotion of Religion and Moral Learning, and the Study of the Arts and Sciences,"

Which have always been considered as the functions of a College, or University.

It is clear from the very comprehensive terms of this Royal Grant that the Province, in accepting it, was bound, " in due course of time," to promote the establishment of other Seminaries, (in addition to its single College, or University,) of an equally large and comprehensive nature, by making Grants out of the original Fund to Colleges, in various parts of the Province. This it did in the shape of Parliamentary Grants to Colleges for many years; but its failure to distribute any of the Surplus Fund of the University in 1858-1860, as provided for by the University Act of 1853, led to the prolonged discussion of the University Question at Quebec in the latter year, and afterwards to the issue of a Royal Visitorial Commission on the subject in 1861. The Commissioners, after an exhaustive inquiry, presented to the Government a comprehensive Report in 1863, in which they sought to have carried out, in effect, the terms of the Royal Grant, especially in regard to the larger Seminaries therein referred to, by seeking to have them affiliated with the University already established.

The Provincial Act of 1837, amending the Charter of King's College, failed to give satisfaction, chiefly from the fact that, although liberalized in its provisions, yet, like the Church of Simcoe's time, it was continued as a single College, or University, for the entire Province. The result of the agitation which followed on the subject, was, that Victoria and Queen's Colleges were both established soon afterwards, in 1842.

With a view to still further popularize King's College, and practically to give the New Colleges a voice in the management of that College, a University Act was passed in 1849, changing the name of King's College to that of the University of Toronto, and authorizing these out-lying Colleges to appoint Representatives on the Senate of the University. As no result followed this apparent concession, a more comprehensive University Act was passed in 1853, providing, among other things, for a direct affiliation of the

out-lying Colleges with the University of Toronto, and also providing that any Surplus remaining over, after paying the expenses of the University and University College, should, by the Legislature, be devoted to the promotion of Collegiate Education in Upper Canada.

Soon after this Act was passed, it became apparent to the friends of the outlying Colleges that the Senate of the University had so largely increased the expenditure that apparently no Surplus would be available for distribution by the Legislature. The consequence was that the Authorities of both Victoria and Queen's Colleges made such strong representations to the Legislature on the subject, that the House of Assembly, in 1860, appointed a Select Committee to inquire into the matter. This Committee having heard a large amount of evidence on the subject was nevertheless unable to come to any conclusion, and failed, therefore, to make any report to the House on the subject. The result of this failure to settle the University Question was, that in 1861, the Government appointed a Visitorial Commission of three Members to take evidence on the subject and endeavour to do so,-one from the University of Toronto, and one from each of the Universities of Victoria and Queen's College. That Commission, having made an exhaustive inquiry into the various details of the University Question, submitted to the Government an elaborate Report, in which they made a number of practical suggestions, in the following form:

1. In Regard to the Senate.

1. That the Senate be reconstituted, and consist for the future of a fixed number, videlicet: First, of the Heads of Affiliated Colleges. Secondly, of one Member from each Affiliated College, elected by the Corporation thereof; and Thirdly, the remaining one-third to be appointed by the Government.

2. The elected Members continue in office for five years and be eligible for re-election. 3. That an Annual Meeting be held, in rotation, at the Seats of the various Collegs, and that the other Meetings be held at any place deemed most convenient by the Senate.

4. That the Senate have control of the Bursar's Office.

5. That the offices of Chancellor and Vice-Chancellor be continued, the former to be appointed by the Government, the Vice-Chancellor, as at present, to be elected by the Senate.

6. That no Scholarships be founded by the Senate, but that a sum not exceeding $1,000 be annually appropriated for competition at General Examination of all Affiliated College Students, the successful Competitors being distinguished as "honour men."

7. That the name of the University be changed to the University of Upper Canada, and University College to King's College, Toronto.

8. That the Library and Museums be regarded as belonging to King's College, Toronto.

9. That the Senate make annual Returns to Government.

10. The Senate shall have power to establish a Common Curriculum of Study for all Affiliated Colleges.

11. That the Senate shall appoint Examiners, and provide for the payment of the same.

12. That the Senate have power to provide for the actual travelling expenses of the Members thereof, while attending the Sessions.

2. In Regard to Affiliated Colleges.

1. That the Affiliated Colleges be the Chartered Colleges which come within the requirements of the Act, provided each of them accept the conditions which may be hereafter imposed.

2. That the Affiliated Colleges with University powers confer no Degrees in Arts, except on such Students as have passed an Examination by Examiners appointed by the Senate of the University of Upper Canada, and that the claim to all public aid be forfeited, if this condition be violated.

3. That all Students who have passed the Examination prescribed by the Senate, and have graduated in their respective Colleges, shall be entitled to rank as Graduates of the University of Upper Canada.

4. That the University Examinations of Candidates shall be held at the respective Colleges, where also the Degrees shall be conferred.

5. That in the case of King's College, the Bill shall provide that Corporate powers be conferred upon this Institution, with provision for the appointment of Professors, regulation of Salaries, Expenditure, etcetera, and for conferring Degrees on all the Faculties, subject to the same conditions as in the case of the other Incorporated Affiliated Colleges.

Also that the necessary powers for conferring Degrees be provided in the case of Regiopolis College, Kingston.

6. That no Degree shall be conferred on any Candidate who has not passed through a Course of Study and attendance in some Affiliated College, prescribed by the Senate of the University of Upper Canada.

7. That the Apportionment of Public Funds to the Affiliated Colleges be fixed and equal, except in the case of King's College, and that King's College have an Annual Appropriation from the General Income Fund not exceeding $28,000.

8. That $500 be allowed to each College for Scholarships, or Prizes to be awarded by competitive College Examinations, as in the case of the Queen's Colleges, Ireland. 9. That each College shall annually furnish to the Government a detailed statement of its Income and Expenditure.

10. That the University of Upper Canada shall confer no Degrees excepting through the Affiliated Colleges.

11. That the Senate shall have a right to accommodation at each Affiliated College. 12. That the Religious Denominations, and private individuals, shall have power to found Scholarships at each of the Affiliated Colleges, under such Regulations as may receive the sanction of the Governing Body in each.

13. That the Library and Museum of the Toronto University be transferred to, and become the property of, King's College, Toronto, and, in consideration of the very great advantages thereby conferred, each of the other Affiliated Colleges should receive a liberal Grant for founding, or enlarging of a Library and Museum, irrespective of any annual appropriation.

Such an outline of Suggestions which the Commissioners venture to believe may be moulded into a System of Affiliation, calculated to give the fullest practical effect to a desideratum of the greatest importance to our Country, a really National University.

MR. CROOKS' SERIES OF RESOLUTIONS, CONDEMNATORY OF THE REPORT OF THE UNIVERSITY COMMISSIONERS, MARCH, 1863.

On the publication of the Report of the University Commissioners, Mr. Adam Crooks, who was a Member of the University Senate, gave notice, on the 4th of March, 1863, that he would move the following Resolutions in condemnation of the Recommendations for the settlement of the University Question, which it contained: -

1. That the Commissioners appointed by His Excellency the Governor General under the Royal Commission, dated the Twenty-eighth day of October, 1861, for examining into and reporting upon the financial affairs of the University and University College, have exceeded the authority and powers conferred upon them by the said Commission, in assuming to examine into and report upon questions affecting the organization and constitution of the University, as established by the University Amendment Act of 1853. 2. That the Senate on, or about the Fourteenth day of March gave certain Answers to the interrogatories submitted to them by the said Commissioners, which Answers are appended to the said Report, and that the said Answers were so given by the Senate in ignorance of the real powers of the said Commissioners, and under the. misapprehension that the said Commissioners, the Chairman thereof being the Vice Chancellor of the University, had full authority to submit the said interrogatories to the Senate.

3. That the Report of the said Commissioners is opposed to the true opinion and intent of the Senate, when it submitted such Answers to the said Commissioners, the opinion of the Senate being emphatically declared to be based upon the enactments contained in the University Act of 1953, which preserves to the University and University College such an Endowment for the purposes of a Collegiate Education, free from Denominational, or sectarian, control, as may be required by the Province for all time to come, and that it is only after such wants have been adequately supplied that there can be any Surplus of the Income of the Endowment applicable to other purposes, in accordance with the Fifty-fourth section of the said Act, whereas, on the contrary thereof, the Report sets forth and recommends a scheme of Partition of the Endowment for the benefit of the Denominational Colleges therein mentioned, which is entirely opposed to the opinion of the Senate, and is utterly subversive of the principles contained in the University Act of 1853, and the whole course of Legislature with respect to the University of Toronto and its Endowment.

4. That a Memorial, in accordance with the above, be presented to His Excellency the Governor-in-Council.

With a view still further to emphasize their disapproval of the Report of the Commissioners, Mr. Crooks and other Graduates of the University, called a Public Meeting in Toronto on the day following the giving of the notice of these Resolutions. The record of the proceedings of this Meeting will be found on page 133 of the preceding Volume of this Documentary History.

CHAPTER II.

HISTORY OF THE PROPOSED DISAPPROVAL OF THE REPORT OF THE UNIVERSITY COMMISSIONERS' REPORT BY THE SENATE OF THE UNIVERSITY OF TORONTO.

In order to give an official sanction and character to the Resolutions of censure, which were passed at a Public Meeting in Toronto in March, 1863, upon the Report of the University Commission, the Promoters of that Meeting applied to the Government to have such of the Movers and Seconders of those Resolutions appointed to the Senate of Toronto University as were not already Members of that Body. Their request was granted, and on the 12th of March, Messieurs. "J. H. Morris and D. E. Blake and the Reverend A. Fyfe" were appointed to the Senate, as requested. The result was that these new Members joined their forces to those who, in that Body, supported Mr. Adam Crooks in his proposed series of Resolutions of censure on the

Report of the University Commissioners. The details of this hostile movement in the Senate are fully given in a number of private and confidential Letters, which were written to Doctor Ryerson at the time by Vice-Chancellor, the Honourable James Patton, who was the Chairman of the University Commissioners. It will also be seen that the Honourable the then Attorney-General, John Sandfield Macdonald, interposed his veto, in two instances, against the proceedings of the Senate in this matter. One or two Letters from other parties, dealing with the same question, are included in the series.

1. LETTER OF ATTORNEY GENERAL J. S. MACDONALD TO DOCTOR RYERSON, WITH

COPY CF COMMISSIONERS' REPORT.

I send by this Post one of the four copies of the Printed Report of the University Commission sent to me in advance, by the Printer, for your early perusal. I have been so pressed for time that I have not been able to look over the pages. I expect the Honourables Mr. Sicotte and Mr. W. P. Howland in two, or three, days, as they reached Halifax yesterday. I cannot say just yet what will be the fate of the Imperial Gov. ernment Road to Halifax, but I take it that we cannot legislate on it this Session. I will be glad to hear that your health continues good, and that it promises to continue so during the current New Year.

QUEBEC, 10th January, 1863.

J. S. MACDONALD.

PRIVATE CORRESPONDENCE IN REGARD TO THE PROPOSED DISAPPROVAL BY THE SENATE OF THE COMMISSIONERS' REPORT IN REGARD TO THE UNIVERSITY OF TORONTO, 1863.

LETTER FROM VICE CHANCELLOR PATTON TO DOCTOR RYERSON.

It is of the utmost importance that you should be at the Meeting of the Senate next Thursday evening, (12th.) as you will see by perusing the Resolutions to be brought forward by Mr. Adam Crooks, and herewith enclosed.* It became necessary to call a Meeting for the adoption of the Annual Report and for the appointment of a specia! Medical Matriculation Examiner, and at the close of the proceedings, Mr. Crooks gave notice that he would move his proposed Resolutions at the next Meeting. The Senate wished to adjourn only to Monday evening, but I succeeded in obtaining until Thursday evening, the 12th, by which time I earnestly hope that you, Doctor Leitch, Vicar General McDonell and Doctor Nelles will be able to attend.

If these Resolutions are carried, the Commissioners' Report will receive a fatal blow, and I trust that you will kindly communicate with these Gentlemen at once. I will mail copies of the Crooks' Resolutions to Doctor Leitch and Doctor Nelles this evening.

The new Chancellor, Doctor Skeffington Connor, presided last evening for the first time, and, on my motion to appoint a Substitute, (Doctor Willis,) for the co-examiner in Ethics, (Doctor Nelles having declined to act,) it was moved in amendment by Doctor Croft, and carried, that Doctor Beaven should be appointed. In vain 1 pointed ot that the Senate had, two years since, affirmed the principle that, in deference to public opinion, the Examiners, as far as practicable, should have no connection with University College.

The Undergraduates have called an "Indignation Meeting" for this Evening in the Saint Lawrence Hall, to condemn the Commissioners' Report.t

TORONTO, March 5th, 1863.

JAMES PATTON.

*These Private Letters from the Vice-Chancellor of the University of Toronto and Chairman of the Commissioners, reveal the inner, or secret, history of the unprecedented action of a portion of the Senate to officially sit in judgment on a Report prepared for the Provincial Government. The Attorney-General held that such a proceding was "out of order," and that it was for the Government alone "to deal with the Report." See page 8 herewith.

* For a copy of these Resolutions, see page 5 herewith.

†The proceedings at this meeting are reported on page 133 of the preceding Volume of this History. That meeting was the precursor of the present action of the Senate in the matter.