The Legislature of 1837 set at rest for a few years the vexed question of an amendment to King's College charter. The majority of the Legislative Council were stoutly opposed to any modifications that would lessen the control of the Anglican Church, but they saw that public opinion was strong enough to prevent the opening of the college until amendments were made. They also saw that they were running a risk of having the charter cancelled and a new one granted by the Crown. They accordingly accepted certain amendments proposed by the Legislative a.s.sembly. These amendments[51] gave _ex-officio_ seats on the College Council to the Speaker of the two branches of the Legislature and to the Attorney-General and the Solicitor-General of Upper Canada; they removed from members of the Council and from professors every semblance of a religious test except the following declaration: "I do solemnly and sincerely declare that I believe in the authenticity and Divine Inspiration of the Old and New Testaments and in the Doctrine of the Holy Trinity"; they removed absolutely from religious tests all students and candidates for degrees; they made the Judges of His Majesty's Court of King's Bench visitors instead of the Lord Bishop of Quebec, and vested the appointment of future presidents in His Majesty instead of conferring that office _ex-officio_ upon the Archdeacon of York.

[51] See Journals of a.s.sembly of Upper Canada for 1837, Legislative Library, Toronto.

Steps were taken at once to place the college in a position to begin work. A very able and comprehensive scheme[52] of studies and courses was drawn up by the President, Dr. Strachan, and everything promised favourably, when the Rebellion broke out and all operations were suspended.

[52] See D. H. E., Vol. III., pp. 93-98.

The following sketch of the Common Schools of this period, written by Mr. Malcolm Campbell, an old teacher of Middles.e.x, is inserted because it is believed to be typical of Upper Canada conditions. Mr. Campbell began to teach in 1835:--

"The School Houses, during the time I taught, were built of round logs about 14 16 ft., with clapboard roofs and open fireplaces. A window sash on three sides for light, a board being placed beneath them, on which to keep copies and slates. There were long hewn benches without backs for seats. There were no blackboards or maps on the c.h.i.n.ked walls.

There was a miscellaneous a.s.sortment of books, which made it very difficult to form cla.s.ses. Cobb's and Webster's Spelling-books afterwards gave place to Mavor's. The Testament was used as a Textbook, a supply of which was furnished by Rev. Benjamin Cronyn, afterwards Bishop of Huron. The English Reader, and Hume and Smollett's History of England were used by the more advanced cla.s.ses. Lennie's Grammar, and Dilworth's and Hutton's Arithmetics, and the History of Cortez' Conquest of Mexico were used, also a Geography and Atlas, and a variety of books.

Goose-quills were used for pens, which the teacher made and mended at least twice a day. The hours of teaching were somewhat longer than at present, and there was no recess. The number of scholars varied from 15 to 30, and school was kept open eight to ten months in the year with a Sat.u.r.day vacation every two weeks. Teachers, after having taught school for some months, underwent a pretty thorough oral examination by the District Board of Education, and were granted First, Second, or Third Cla.s.s certificates according to their merits, real or supposed. They had the Government grant apportioned to them according to their standing.

Mr. Donald Currie, in the section west of me, drew annually $120 on the ground of his high qualifications as well as his teaching Latin. My share of the grant was $80. Mr. Benson east of me drew $50.... The Government grant was what the teacher mainly depended on for cash. The rest of his pay, which varied from $10 to $16 a month, Government grant included, was mostly paid in "kind," and very hard to collect at that.

"The Trustees in these early days a.s.sumed duties beyond what they now possess. In engaging a teacher, they examined him as to his qualifications in the three R's and as much farther as any of themselves knew. They fixed the rate bill which each scholar should pay, usually at a dollar and fifty cents a quarter; and any family sending more than three scholars should go free, as well as the children of widows.... The teacher was expected to 'board round' at that rate of pay. He usually boarded in one or two houses near the school, doing ch.o.r.es morning and evening. The Trustees a.s.sessed each scholar with half a cord of wood during winter, which was scantily supplied; sometimes the teacher and bigger boys went with an axe to the woods to make up the deficiency. The trustees were to examine the school quarterly, and sign the Quarterly Reports so that the teacher might draw the Government grant."[53]

[53] See D. H. E., Vol. III., pp. 131, 132.

The following "Rules for the Government of Common Schools" prescribed by the Board of Education for the Niagara District is taken from Gourley's "Statistical Account of Upper Canada, 1817-1822," Vol. II.; Appendix, pp. 116-119:--

"1. The Master to commence the labours of the day by a short prayer.

"2. School to commence each day at 9 o'clock and five hours at least to be given to teaching during the day, except on Sat.u.r.days.

"3. Diligence and Emulation to be cherished and encouraged among the pupils by rewards judiciously distributed, to consist of little pictures and books, according to the age of the scholar.

"4. Cleanliness and Good Order to be indispensable; and corporal punishment seldom necessary, except for bad habits learned at home--lying, disobedience, obstinacy and perverseness--these sometimes require chastis.e.m.e.nt; but gentleness even in these cases would do better with most children.

"5. All other offences, arising chiefly from liveliness and inattention, are better corrected by shame, such as gaudy caps, placing the culprits by themselves, not permitting anyone to play with them for a day or days, detaining after school hours, or during a play afternoon, or by ridicule.

"6. The Master must keep a regular catalogue of his scholars and mark every day they are absent.

"7. The forenoons of Wednesday and Sat.u.r.day to be set apart for Religious Instruction; to render it agreeable the school should be furnished with at least ten copies of Barrows' 'Questions on the New Testament,' and the Teacher to have one copy of the key to these questions for his own use; the teacher should likewise have a copy of Murray's 'Power of Religion on the Mind,' Watkin's 'Scripture Biography,' and Blair's 'Cla.s.s Book,' the Sat.u.r.day Lessons of which are well-calculated to impress religious feeling.

"Note.--These books are confined to no religious denomination, and do not prevent the Masters from teaching such Catechism as the parents of the children may adopt.

"8. Every day to close with reading publicly a few verses from the New Testament, proceeding regularly through the Gospels.

"9. The afternoons of Wednesday and Sat.u.r.day to be allowed for play.

"10. A copy of these Rules to be affixed up in some conspicuous place in the School-room, and to be read publicly to the Scholars every Monday morning by the Teacher."

No doubt much good teaching was done in schools nominally governed by similar codes of instruction. The teacher is always the real force in a school and good teachers are never slaves to mechanical rules.

These "rules," however, suggest a form of punishment that was largely used in those days even by good teachers and has not yet been wholly banished from the schoolroom--ridicule. Here we see it offered as an improvement upon corporal punishment. It may have had its advantages over the brutal punishments sometimes inflicted in the old days, but I think Dr. Johnson was right in saying that a reasonably severe corporal punishment was better for both teacher and pupil than either "nagging"

or ridicule. No doubt the systems of Bell and Lancaster were responsible for the use recommended of ridicule in the Niagara District in 1820.

One important Bill, "An Act to Provide for the Advancement of Education,"[54] became law during the session of 1839. This Bill set apart 250,000 acres of waste lands for the support of District Grammar Schools, made provision for additional schools in districts where they were needed, and provided for the erection of new buildings and a.s.sistant masters. The Bill also placed the revenue and management of these schools under the Council of King's College. In this way King's College, Upper Canada College, and the District Grammar Schools--all the machinery of higher education--were brought under central authority.

[54] See Journals of Legislature of Upper Canada for 1839. Legislative Library, Toronto. See also copy of bill in D. H. E., Vol. III., pp. 170, 171.

From a careful reading of a despatch[55] sent by Sir George Arthur to the Colonial Office, in connection with the Act referred to above, it seems quite clear that the land grant of 250,000 acres now set apart for District Grammar Schools was the balance of the original 549,217 acres granted by the Crown in 1798 for the endowment of Free Grammar Schools and a University. Thus, after forty years, the intentions of the Crown regarding Grammar Schools were to be realized. But only in part, because the Act of 1839 did not make the Grammar Schools free.

[55] Reprinted in D. H. E. See Vol. III., pp. 173-183.

It was confidently hoped by many of the King's College Council, and especially by the President, Rev. Dr. Strachan, that when the college charter was amended in 1837 nothing would interfere with the immediate execution of plans for building and opening King's College. Elaborate plans and models of a building were prepared and sent out from England, an architect was employed, advertis.e.m.e.nts for tenders for a building were inserted in various newspapers, and the contract was about to be awarded, when Sir George Arthur hurriedly convened the Council and ordered an investigation into the finances of the College.

His suspicions had evidently been awakened by some returns on College affairs presented in response to an Address by the a.s.sembly. The report of the special audit committee[56] appointed by the Council revealed a startling condition of affairs and incidentally a strong argument against allowing any body or corporation to handle public funds without an annual audit by someone responsible to Parliament.

[56] See proceedings of King's College Council, 1837-1840.

The Bursar, the Hon. Joseph Wells, a prominent member of the Legislative Council, had diverted to his own use and that of his needy friends some 6,374, and the sum of 4,312 had been loaned to the President, Dr.

Strachan. There was in use a very primitive system[57] of book-keeping, and on the whole just such management as might have been expected from the close corporation which had, up to 1837, made up the King's College Council. There was also much mismanagement of the financial affairs of Upper Canada College. These revelations delayed building operations until 1842.

[57] See Report of T. C. Patrick, Vol. II., ma.n.u.script Minutes King's College Council, pp. 68-73.

On December 3rd, 1839, the last session of the Legislature of Upper Canada was opened by Charles Poulett Thompson, afterwards Lord Sydenham.

A Bill was pa.s.sed granting a charter to the "University of Kingston."

When the Bill was introduced into the a.s.sembly, the name was to be the "University of Queen's College."[58] Why the change was made does not seem very clear, but perhaps it was because the promoters of the Bill were not certain that Her Majesty had given her consent to the use of her name in the Act. The Act placed the College largely under the control of the Presbyterian Church and wholly under control of Presbyterians, but no religious tests were to be exacted from students or graduates except in Divinity. The 15th section of the charter authorized the representative of Her Majesty in Canada to pay from the revenues of King's College a sum sufficient to establish a Chair in Divinity. This arrangement doubtless was the result of a despatch from the Colonial Office some years previous to the effect that any modification of King's College charter should provide for a Divinity Professor of the Church of Scotland. Some readers of the present day may ask, Why not also for other religious denominations--Methodists, Baptists, and Congregationalists? The answer is simple. The Churches of England and Scotland were national churches in Great Britain and Ireland. The Anglican Church in Canada in 1840 claimed to be an Established Church, and as the Clergy Reserve controversy was then unsettled, her claim had reasonable expectation of realization. Had her claim been allowed, it would have strengthened any claim the Presbyterian Church might have made also to rank as an Established Church.

[58] See D. H. E., Vol. III., Chap. XVI., pp. 284-299.

This Canadian charter to the "University of Kingston" was cancelled by the Crown with the consent of the Presbyterian Church in Canada, and a Royal Charter issued to the "University of Queen's College." By this Royal Charter, Queen's lost the Divinity Professorship which, by the Canadian charter, was to be established out of King's College foundation. The Crown had power to grant a charter but no power to interfere with the funds of King's College, which were subject to the Canadian Legislature.

The Commission[59] appointed by the Legislature in 1839 to prepare a report[60] on education gave a comprehensive account of the condition of schools, but without throwing much new light upon them. The total number of pupils in the District Grammar Schools was still about 300, but the number in the Common Schools was estimated at 24,000, or about one in eighteen of the total population. As to the nature of the schools attended by these 24,000, there is abundant evidence to prove that they were very inefficient. The Rev. Robt. McGill, of Niagara, says: "I know the qualifications of nearly all the Common School teachers in this district, and I do not hesitate to say that there is not more than one in ten fully qualified to instruct the young in the humblest department." The London District Board for 1839 says: "The Masters chosen by the Common School Trustees are often ignorant men, barely acquainted with the rudiments of education and, consequently, jealous of any school superior to their own."[61]

[59] The members were: Rev. John McCaul, Rev. Henry Grasett and Secretary Harrison.

[60] See D. H. E., Vol. III., pp. 243-283. Also Appendix to Journals of a.s.sembly for 1840.

[61] See D. H. E., Vol. III., p. 266.

The Grammar Schools had been gradually improving since their establishment, but were still very far from supplying the real needs of the people. They had no uniformity in course of study or textbooks, and were under no inspection. In fact, lack of supervision was the weakest spot in the whole school system.

Lord Durham, in his famous Report,[62] refers to education in Upper Canada thus: "A very considerable portion of the Province has neither roads, post offices, mills, schools, nor churches. The people may raise enough for their own subsistence and may even have a rude and comfortless plenty, but they can seldom acquire wealth; nor can even wealthy landowners prevent their children from growing up ignorant and boorish, and from occupying a far lower mental, moral and social position than they themselves fill.... Even in the most thickly peopled districts there are but few schools, and those of a very inferior character; while the more remote settlements are almost entirely without any."

[62] See Lord Durham's Report, p. 66.