IT the date of the
founding of our Upper Canadian school system all parties were agreed
that religion and morality should form an essential part of the
education of the young. Puritans and Presbyterians, Anglicans and Roman
Catholics, stood firmly by this principle as a matter of conviction as
well as of traditional usage, and Methodists were no exception to the
consensus. They had shewn their faith by their works in the building of
their college. When, therefore, Dr. Ryerson addressed himself to his
important task, he did so upon the basis of this principle, believing
that he had behind him the support of almost unanimous conviction on the
subject; and he took especial pains to make provision for the
recognition of religion in the schools, and for the instruction of the
children in the fundamental principles of religion and morality. This
provision was made in three ways—first the trustees were given power for
the regulation of religious teaching and exercises in the schools in
harmony with the desires of the parents; again all clergymen were made
visitors of the schools with the right to instruct the Children of their
communion by themselves for an hour each week; and in addition the text
books selected for the schools were made to embody a very considerable
amount, of religious and scriptural knowledge, without involving any
dogmas called in question among the religious bodies. As a result of
these provisions it is a well-remembered fact that at least in the rural
schools religious influence and instruction were fairly well maintained.
In the year 1859, with 3,005 schools, 4,300 visits were made by
clergymen; in 2.510 schools the scriptures were read daily, and 1,708
schools were opened and closed with prayer. In all the schools the text
books used contained the moral and religious lessons referred to. In the
last report issued by Dr. Ryerson, of 4,758 schools reported, 4,033 were
opened and closed with prayer, and the ten commandments were taught in
8,107. On these facts Dr. Ryerson m his report makes the following
remarks:—"The religious instruction, reading, and exercises, are, like
religion itself, a voluntary matter with trustees, teachers, parents,
and guardians. The council of public instruction provides facilities,
even forms of prayer, and makes recommendations on the subject, but does
not assume authority to enforce or compel compliance with those
provisions or recommendations. As Christian principles and morals are
the foundation of all that is most noble in man, and the great fulcrum
and lever of public freedom and prosperity in a country, it is
gratifying to see general and avowed recognition of them in public
schools."
While Dr. Ryerson with
his strong personal influence continued at the head of the school
system, these general provisions exerted a distinct moral and religious
influence on the schools, but they were by no means a complete solution
of the educational and political questions involved. To one class of the
people the religious instruction thus given appeared altogether
inadequate. They would be satisfied with nothing short of full
instruction in the doctrines and usages of their own church; and they
were not satisfied to confine this extended religious instruction to the
Sunday school or catechumen class, or to a weekly hour in the public
school under the direction of the clergyman. Another tendency due to t
he growth of the modern spirit which would completely separate the work
of the church from the political sphere is thus referred to by Dr.
Ryerson in his last report:—"There are many religious persons who think
the day school, like the farm fields, the place for secular work, the
religious exercises of the workers being performed in the one case as in
the other in the household and not in the field of labour." This class
of the people would, of course, find the solution of the problem in a
strictly secular government school for all classes of the population.
The first of these two
classes had, as early as 1841 (i.e., when the first attempt at a general
system of public schools was made, three years before Dr. Ryerson's
appointment, and five years before the introduction of his first Common
School Act,) already secured for themselves the concession of separate
schools. They were thus in possession of a vested right; and of this the
act of 1846 did not attempt to deprive them. The act of 1849, which
failed to come into effect, dropped the provision and would apparently
have resulted in purely secular schools, and this formed one of Mr.
Ryerson's most serious objections to it. From the very outset of Mr.
Ryerson's carefully conceived plan of schools on a moral and religious
basis which might be accepted by all the members of a Christian
community, it was thus exposed to two antagonistic influences which were
at the same time directly and irreconcilably in conflict with each
other. The separate school party were anxious to strengthen and extend
their position, and the other party were anxious to extinguish the
separate schools by the general enforcement of a purely secular system.
Dr. Ryerson desired to secure the maintenance of the general moral and
Christian aspect of the common schools, making them free from any valid
objection on the ground of sectarian teaching, with at the same time
such supervision of the separate schools as would secure their
efficiency, and prevent their being forced upon any person without his
free consent or desire. The common schools wrere to be maintained in
their true" position as the schools of all the people.
The active conflict of
these opposing parties may be said to dale from 1852. Up to that date
the number of separate schools established had been fifty, of which
thirty-two had been discontinued in the last three years. Of the
remaining eighteen, three were Protestant, two being in sections where
the majority of the population was French, and two were schools for
coloured children in Kent and Essex, leaving only thirteen Roman
Catholic separate schools in operation at the close of 1852. No better
proof could be afforded of the success of the fair and conciliatory
policy of Dr. Ryerson. Up to the time of his death. Bishop Power acted
as chairman of the council of public instruction and was a most valued
member of the board, and by his presence, counsel, and general attitude,
contributed not. a little to make the common school system acceptable to
the Roman Catholic population. During the first three years of his
administration the attitude of Bishop Charbonnel was at least not
antagonistic, and the aggressive position assumed in 1852 was, to the
friends of a common school system, a surprise.
But on looking back, a
circumstance connected with the passing of the School Act of 1850 seems
to indicate that the new bishop, while seemingly acquiescent, was at
heart anxious for thoroughly Roman Catholic schools. The bill of 1849
had disturbed, the confidence created under the policy of Dr. Ryerson,
and gave occasion for a movement on the part of those desirous of
denominational schools. In this the high church party of the Anglicans
and the Roman Catholics united their forces. Dr. Ryerson's bill as
introduced proposed to place the power of establishing separate schools
in the hands of the board of trustees, instead of making it possible for
ten householders to demand a separate school. To this the separate
school party proposed an amendment, making it possible for any ten
householders, either Catholic or Anglican, to demand a denominational
school without restriction. The acts of 1813 and J.846 had restricted
this power to cases when the teacher was a Protestant in a Protestant
community, or a Catholic in a district mainly Catholic, and so made no
provision for the subdivision of Protestantism and the establishment of
Protestant denominational schools. By means of strong influence brought
to bear on the members, this amendment was on the verge of passing when
Dr. Ryerson fell back on a slight modification of the provisions of 1843
and 1846, which satisfied the Roman Catholics and broke up the
combination, and so prevented a most serious inroad upon the principle
of common schools. But shortly after this difficulty had passed another
circumstance brought the question again to the front. The city of
Toronto was under the new act but a single school section divided for
municipal and other purposes into wards, in each of which there was a
graded common school! The trustees, "who were decidedly opposed to the
separate schools, refused to grant more than a single separate school
under the provisions of the act, and the courts sustained them in the
refusal. l)r. Ryerson used his influence to secure more favourable
consideration for the Roman Catholics, but without avail. It was
certainly within the power of the trustees to grant such consideration,
as the law specified "one or more," but equally within their right, as
interpreted by the court, to grant but the one, and upon that right they
took their stand. This led to the demand for an amendment to the act,
giving room for a more aggressive separate school policy. This Dr.
Ryerson refused, but provided an amendment in 1851 which conferred the
right of a separate school on each ward or union of wards for that
purpose. During this period also, and for several years following, the
advocates of the bill of 1849 kept the question alive by a constant
effort to eliminate from the common school act all provision for or
concession of the right, of separate schools. Dr. Ryerson consistently
opposed this policy, believing that such a concession constituted a
means of rendering the great body of the Roman Catholic inhabitants
satisfied with the provisions of the law, and thus secured a more
general acceptance of the common school system than would be otherwise
possible. While Dr. Ryerson's policy, as we have seen, was, down to
1852, largely successful, the agitation against separate schools and the
other circumstances referred to kept alive an opposing force which
suddenly became active in 1852. By his fair consideration of the claims
of the Roman Catholics in the Toronto separate school case in 1850-1, as
well as by his consistent opposition to all attempts to deprive them of
the rights already conceded by law, Dr. Ryerson had gained the ill-will
of the radical party who wished to abolish all separate schools at once.
He was now doomed to encounter almost equal difficulty from the ultra
separate school party.
The initial point of
the agitation was furnished by the growing establishment of free
schools. These schools were supported entirely by their apportionment of
the school fund, made up of legislative grant and county school tax, in
which the separate school shared pro rata, and supplemented by a
municipal tax upon all the property of the school section. In this last
tax the Roman Catholics now demanded that the separate schools should
also share pro rata of their average attendance. The case was brought up
on appeal from the towns of Belleville and Chatham, in which Dr. Ryerson
sustained the trustees in refusing to the separate schools a share in
the second part of their school revenue. This led to the preparation by
the Roman Catholic authorities of a hill which they were determined to
press through parliament, and which, in the opinion of Sir Francis
Hincks, would be a serious blow to the common school system and to free
schools. To meet this emergency the Supplemental Act of 1853 was
prepared by I)r. Ryerson and passed through parliament. The opportunity
afforded by the passage of this act was embraced to define and improv e
many of the general provisions of the act of 1850, but in regard to
separate schools its essential feature was the exemption from the local
or municipal school tax of all who were contributing supporters of a
separate school. In making this equitable concession to the supporters
of the separate school, care was taken to guard the rights of the common
schools by provisions which Dr. Ryerson summarizes as follows:—
1. No separate school
can be established or continued otherwise than on the conditions and
under the circumstances specified in the nineteenth section of the
School Act of 1850.
2. No part of the
municipal assessment can be applied, and no municipal authority or
officer can be employed to collect rates for the support of any separate
school.
3. If any persons,
whether Roman Catholic or Protestant, demand a separate school in the
circumstances in which t may be allowed, they must tax themselves for
its support, and they must make returns of the sums they raise and of
the children they teach.
4. Separate schools are
subject to the same inspection and visits as common schools.
5. All ground and
semblance of complaint of injustice is taken away from the supporters of
a separate school, while they no longer employ municipal authority and
municipal assessments for sustaining their school.
6. The supporters of
separate schools cannot interfere in the affairs of the public schools.
The new act was thus a
fresh proof of Dr. Ryerson's consistent support of the fundamental
principle of a common school system, and of the separation of the state
from entanglement with any church.
By this date the
separate school question had aroused an intensely violent discussion and
political contention on the part of two extreme parties. We have already
seen that a party, led in the House of Parliament by Messrs. W. L.
Mackenzie, George Brown and Malcolm Cameron, and joined by a very' few
of the extreme opposite political faith, maintained a most active
crusade against separate schools, whether maintained as a matter of
principle or as a compromise. With these Dr. Ryerson agreed in principle
but not in policy. Of both his principle and policy he made the most
open avowal, saying in an official letter to Bishop Charbonnel
(afterwards published):—"I always thought the introduction of any
provision for separate schools in a popular system of common education
like that of Upper Canada was to be regretted and inexpedient; but
finding such a provision in existence, and that parties concerned
attached great importance to >t, I have advocated its continuance,
leaving separate schools to die out not by force of legislative
enactment, but under the influence of increasingly enlightened and
enlarged views of Christian relations, rights, and duties between
different classes of the community. I have at all times endeavoured to
secure to parties desiring separate schools, all the facilities which
the law provides, though I believe the legal provision for separate
schools has been and is seriously injurious rather than beneficial to
the Roman Catholic portion of the community, as I know very many
intelligent members of that church believe as well as myself." As this
calm statement was written in reply to a letter from the Bishop
inveighing in very forcible language against the whole system of common
schools, there can be no question that it candidly and clearly expresses
Dr. Ryerson's position and policy.
The leader in the
opposition to this policy was Mr. Brown, then influential in parliament
and throughout the province as the editor and proprietor of The Globe,
Mr. Brown's policy, in which he was supported not only by a large
section of liberals but also by a section of the Orange body, was the
radical one of no separate schools. Ilis contention is fully expressed
by the following quotation given by Dr. Hodgins from The Globe.
Addressing Dr. Ryerson, he says: "And did this third concession to the
claimants of separate schools satisfy them? Was your oft-repeated
assurance realized that 'the existence of the provision for separate
schools' in the national system prevented oppositions and combinations
-which would otherwise be formed against it?' On the contrary the
separatists only advanced in the extent of their demands, and became
more resolute in enforcing them. The very next year the matter was again
brought to a crisis, a general election came on. Bishop Charbonnel
pressed his demands, and Mr. Hincks consented to bring in yet another
sectarian school act." The position of the Bishop will fully appear from
another extract from a letter written by him to Dr. Ryerson in March,
1852:— "Therefore, since your school system is the ruin of religion, and
persecution of the church; since we know, at least as well as anybody
else, how to encourage, diffuse, promote education, and better than you
how to teach respect toward authority, God, and His church, parents and
government: since we are under the blessed principles of religious
liberty and equal civil rights, we must have and we will have, the full
management of our schools, as well as Protestants in Lower Canada; or
the world of the nineteenth century will know that here as elsewhere,
Catholics, against the constitution of the country, against its best and
most sacred interests, are persecuted by the most cruel, hypocritical
persecution."
No analysis or
description of the case could more clearly present the situation than do
these three extracts. Each of the extremists stands on his ideal
principle and is ready to carry it in practice to its logical conclusion
regardless of the convictions of his opponent and of all collateral
interests; Dr. Ryerson stands in a via media, striving to reconcile
their conflicting ideas of right and truth and to harmonize both with
other equally important interests of religion and patriotism, only to
find himself the object of bitter invective from both. Dr. Ryerson's
letters at this period rank again amongst the best work of his life as
an exposition of the principles ethical, political and religious, which
should govern in a mixed community of varying religious convictions, in
matters in which, as citizens, they are called upon to cooperate with
each other. We cannot, of course, claim that in the enunciation of these
principles there does not appear at times some evidence of a strong and
fiery spirit. It is scarcely giv en to a great soul pursuing with single
purpose a great object of life, not at times to be roused to ire when
needless difficulties are thrown across his pathway by men of alien
ideas and spirit. Hence we must not be surprised if at times his words
are almost as strong as those of Mr. Brown or Bishop Charbomicl. But the
via media for which he contended throughout was respect to conscientious
convictions on both sides and patient waiting for that unity of thought
which truth is sure to bring in the long run. But for many years the
conflict of parties made the via media a very thorny path to the chief
superintendent of education.
Returning from the
field of controversy to that of legislative and political action, we
scarcely find the supplemental act of ] 853 in operation before the
occasion arises for further agitation and new demands. There can be no
doubt that the underlying cause of the new agitation was a clearly
defined and persistent policy on the part of the Bishop to separate the
entire body of Catholic children from the common schools and place the
management of their education under the control of the church. To this
policy I)r. Ryerson was, as we have seen, strenuously and inflexibly
opposed. But as the Bishop was careful to wait for a reasonable occasion
or favourable opportunity for each forward step in his policy, Dr.
Ryerson was equally careful in his opposition not to contravene any
principle of equity or fairness.
The occasion for the
new agitation again arose in Toronto, where the extreme party opposed to
separate schools was strong and quite ready for heroic measures. In St.
David's ward one Roman Catholic teacher was employed in a school of six
teachers, and on this ground the application of the Roman Catholics for
a separate school was refused. This refusal Dr. Ryerson pronounced
contrary to law. In the next year, by error, some supporters of the
separate schools were included in the common school taxation and a
refund of the amount so paid was refused on the ground that the proper
returns of names had not been made by the separate school trustees.
These circumstances were; made the foundation of the following
complaints by Bishop Charbonnel:—
1. That the supporters
of separate schools were unjustly required to pay amounts equal to those
required for common schools in order to secure exemption from the common
school taxation, and that for the same purpose the trustees were
required to make returns not required of common school trustees.
2. That the trustees of
the several wards of a city or town could not act together as one board
as could the trustees of the common schools.
3. That the government
grant was distributed by the city or town board, or in the townships by
the local superintendent, a provision which did not secure impartiality.
It does not appear that any instance of partiality was cited.
To remedy these
complaints Dr. Ryerson added to a short grammar and common school bill
of 1854 three clauses touching separate schools proposing: (1) To
relieve the supporters of separate schools of the defined rate at which
they must be taxed and also the trustees of the obnoxious returns; (2)
To enable the trustees to unite as one board in towns and cities; (3) To
place the distribution of the legislative grant in the hands of the
chief superintendent of education. These provisions Dr. Ryerson calls
his ultimatum of legislation on separate schools, but as they were not
accepted they appear to have been withdrawn from the bill Early in the
following year the Roman Catholic Bishops of Toronto, Bytown and
Kingston prepared a comparative table of the Upper and Lower Canada
school laws and a draft of a separate school bill setting forth their
terms This bill proposed to repeal all previous provisions for separate
schools; to empower any member of dissidents of any profession to form a
separate school board; to give such board all the rights and powers of
common school boards; to erect a single board in a town or city; gave
the trustees power to fix their own limits to their separate school
sections, and their own standard of qualification for separate school
teachers, and to claim their share not only of all legislative grants
but also of all provincial or municipal school funds and of all taxes
tor school and library purposes in proportion to the population which
they claimed to represent. This bill was immediately answered by l)r.
Ryerson in a thorough and able exposure of its objectionable features
involving, as he truly and emphatically asserted, "the complete
destruction of our public school system." Notwithstanding this
opposition of Dr. Ryerson, six weeks later and without his knowledge or
consent, a bill very similar in many of its provisions was introduced
into the legislative council by Sir E. P. Tachd. Mr. Gamble at once
telegraphed Dr. Ryerson and mailed him a copy of the bill.
Dr. Ryerson telegraphed
the Hon. J. A. Macdonald asking that the bill should be restricted to
Roman Catholics, and should not admit the separate schools to the
municipal council assessment. To these amendments Mr. Macdonald assented
and the bill, as so largely amended, became the Roman Catholic separate
school law.
Dr. Ryerson always
denied all responsibility for this act, though as amended he considered
it harmless in its effect upon the common school system. In his view,
the bulwark of that system lay in the principle that the machinery of
the government could be used to raise funds only for the support of
common schools and not for the purposes of sectarian education, and that
no individual should be compelled to contribute to such education
without his consent. The most objectionable feature of the law was its
utterly inefficient provision for the qualification of teachers, but
this was a defect which concerned only those who voluntarily placed
themselves under it. The large majority by which the bill was passed
even in amended form was secured from Lower Canadian votes which stood
forty-five to two, those from the upper province, which alone was
affected, being sixteen to fifteen. Dr. Ryerson gives great credit to
Church of England members on both sides of the House for their aid in
amending the bill and supporting the common school system, naming
Gamble, Stevenson, Robinson, Langton and Crawford.
It will be seen that in
this second stage the separate school question had now passed into the
purely political arena. It was no longer a question of what was in the
best interests of the country, or of what was wise,, and just, and
practicable in the furtherance of those interests, but rather than what
are the demands of the content ling parties? and what votes and
influence can they bring to bear to enforce those demands? This
political relation gave to the separate school question not only a new
though extrinsic interest and importance, but also the fierce intensity
of conflict which marked its history for the next few years. It became
part of a new constitutional question in Canadian politics, should Upper
Canadian interests be determined by Lower Canadian votes?—a question the
solution of which was tentatively sought in the principle of the double
majority, but which finally forced all parties to turn to the broader
principle of federal government now embodied in the constitution of our
Dominion and its provinces.
Thus, once again, Dr.
Ryerson found himself at the very centre of an intensely active and
highly important political movement in our Canadian history. Rut in this
movement he was now not so much the active participator as that passive
occasion. On the school question the position of the extreme parties was
now clearly defined. The liberal party demanded the abolition of
separate schools, and whatever measure of secularization was necessary
for that purpose. The Roman Catholic authorities sought the complete
control of the education of the children of their church, holding that
education must be moral and religious as well as secular or else be
defective and even injurious. l)r. Ryerson stood between the two
parties, by turns fighting the battles of each, and yet hated and
assailed by both. He recognized that the Roman Catholics had
conscientious convictions, and also vested rights which he felt bound to
respect and protect. But while he maintained this position, he
recognized the vested rights, the conscientious convictions, and the
political equity which required that the rights of the Roman Catholic
population should not infringe upon the equally important and much more
extensive rights of the great body of citizens who desired an effective
system of common schools.
With this position of
Dr. Ryerson, the Hon. John A. Macdonald, now coming into the foremost
rank in the Conservative party, was in full sympathy, although through
the exigency of party interests he was forced to compromise, as in the
Tache Bill. The Liberal party, 011 the other hand, identified Dr.
Ryerson, Mr. Macdonald, and the Roman Catholic hierarchy as the common
foes of a common school system, and thus the conflict between Dr.
Ryerson and Mr. Brown was for some years of a most intensely bitter and
even personal character.
In the meantime the
separate school party were very far from confining their efforts to the
legislative and political arena. Every effort was put forth to bring the
provisions of the separate school law into operation. Even under the act
of 1853 the Roman Catholic separate schools were increased from thirteen
in 1852 to forty-four in 1855. Under the Tache Act the number was raised
to one hundred in 1857-8, attended by nearly 10.000 pupils, an increase
due, perhaps, not so much to any change in the law as to the active
efforts of the ecclesiastical authorities, of which the lenten pastoral
of Bishop Charbonnel in 1856 may be cited as an example. In this
pastoral he says:—-'•Catholic electors who do not use their electoral
power on behalf of separate schools are guilty of mortal sin. Likewise
parents who do not make the sacrifices necessary to secure such schools,
or send their children to mixed schools."
During this period the
agitation of the public mind over this question was such that the
governor-general, Sir Edmund Head, requested from Dr. Ryerson a special
report. In this report, of which Dr. Hodgins has published extracts in
his comprehensive history of separate schools in Upper Canada, he
exposes very clearly the attitude of the Roman Catholic hierarchy at
this period toward the common school system, summing it up in these
words:—"It is this double aggression by Roman Catholic bishops and their
supporters, in assailing on the one hand our public schools and school
system, and invading what has been acknowledged as sacred constitutional
rights of individuals and municipalities; and, on the other hand, in
demanding the erection and support at the public expense, of a Roman
Catholic hierarchal school system, which has aroused to so great an
extent the people of Upper Canada against permitting the continuance any
longer of the provisions of the law tor separate schools." At the same
time he deprecates the interference of bishops and priests in Lower
Canada, or of their representatives, with the school system of Upper
Canada, pointing out that "there has been no interference in Upper
Canada with the school system of Lower Canada." Many of the most
essential parts of this report, re-written and enlarged, were laid
before parliament in the same year.
The next important
attempt at separate school legislation began in 18(50 with the
introduction of a separate school bill by Mr. R. W. Scott, then member
for Ottawa. Mr. Scott's first attempt failed, and was repeated in 1801
and 1802 with the same result. Finally, in 1803, a modified bill to
which Dr. Ryerson consented was passed. Mr. Scott was a Liberal in
politics, as well as a Roman Catholic in religion. His introduction of
the question thus marks a new phase of the movement.
Early in 1800 Bishop
Charbonnel had resigned the charge of the diocese; of Toronto, and
Bishop Lynch became his successor. His policy does not appear to have
been as aggressive as that of his predecessor. There was now no attempt
to break up the public school system by provisions for a general
introduction of denominational schools. Several provisions aimed at the
removal of disabilities which Roman Catholics had imposed upon
themselves by the Tachd Act, which, in 1855. repealed indiscrimmately
the provisions of 1853. Other clauses attempted once more to introduce
provisions to which Dr. Ryerson had from the outset been inflexibly
opposed, especially two, the distribution of all school funds according
to population, and the employment in any form of the municipal
authorities to collect funds for the purposes of denominational schools.
In 1802, Dr. Ryerson,
willing to concede the more equitable parts of Mr. Scott's bill, and if
possible to reconcile the authorities of the Roman Catholic church to
the public system of common schools, at least through the country
generally, proposed the name of Bishop Lynch as a member of the council
of public instruction for Upper Canada, finding, as he says, that his
views on the subject '"were moderate and constitutional, appreciating
the rights of citizens and the institutions of our country, as well as
the interests and institutions of their own church." He accordingly
prepared a draft of a bill repealing the objectionable requirement of an
oath to returns, providing for separate schools in incorporated villages
as ,n towns and 230 cities, enabling separate school trustees to form
union school sections for their purposes, and exempting the ratepayer
who has once formally giv en notice that he is a supporter of a separate
school from the necessity of annual renewal of such notice, substituting
therefor a return by the trustees of the names of all supporters of
their school.
This draft seems never
to have come before the House, as Mr. Scott again introduced his bill
with the two objectionable demands. These were, however, removed in
committee, and to the bill as thus amended, Dr. Ryerson assented on
condition that the bill should be accepted as a settlement of the
question bv the authorities of the Roman Catholic Church and should
receive the assent of the government. For this purpose the bill, was
thoroughly revised by Dr. Ryerson in consultation with the
representatives of the Roman Catholic Church, accepted by them, two
copies prepared, and the assent of the government asked to Mr. Scott's
proceeding with the bill in this form. Of it Dr. Ryerson says:—"Everyone
who examines the bill will see that -t brings back the school system in
respect to separate schools as near as possible to what it was before
the passing of the Roman Catholic Separate School Bill of 1855 .... an
object I have been most anxious to accomplish."
The parliament was now.
however, approaching that period of perplexity which finally forced
confederation to the front, and the defeat of the government laid the
school hill over for another year. Early in the following session, under
the Sandfield Macdonald administration, Mr. Scott once more introduced
the bill, and it was accepted as a government measure and passed shortly
before another change of administration. In the final vote the double
majority principle announced by Mr. Sandfield Macdonald failed, as there
was an Upper Canadian majority of ten against it. The act was,
notwithstanding, assented to on May 5th, and so became law a week before
the defeat of the ministry.
The passage of this
Separate School Act of 1863 may be regarded as the final settlement of
the principle of Roman Catholic separate schools as a part of the public
school system of Canada. In that part of his school policy in which Dr.
Ryerson hoped through careful and impartial administration of the common
schools to make them so acceptable to the Roman Catholic population that
separate schools would disappear as undesirable, he had not been able to
succeed. In spite of his liberal measures and strenuous efforts, the
vigorous policy of the Roman Catholic authorities from 1852 onward gave
e strong and rapid growth to the separate schools. This growth was
stimulated, as is always the case, by the efforts of the opposite party
to wipe out separate schools by adverse legislation. The number of
separate schools then in existence was attended by 15,859 pupils, nearly
one fourth of the Roman Catholic school population of the province.
Yet this fact afforded
no ground for discouragement as to the success of the public schools,
which commanded a voluntary attendance of more than four-fifths of the
whole school population of the province, and employed the services of
333 Roman Catholic teachers, or nearly twice as many as were employed in
the separate schools.
But while these figures
prove that the strength and comprehensive character of the common school
system had been maintained without serious break, they also show that
the separate schools had grown too strong to be overthrown by any form
of polity, and that Dr. Ryerson was now wisely accepting the logic of
facts, in making every provision for their equitable treatment and their
highest efficiency. On the defensive side of his policy, he had
certainly succeeded, and had foiled every attempt either to make the
municipal authorities an agency for the maintenance of denominational
schools, or to make the property of any but their declared supporters
contribute thereto. They were thus left to work their own way on the
voluntary principle, a right to which certainly every citizen is
entitled in matters affecting his religious convictions, and for this
purpose they were freed from all contributions to the public system of
common schools, an exemption which, if not imperative on rigid political
principles, is certainly fair as between Christian neighbours.
Rut notwithstanding the
importance of the position thus reached, the story of Dr. Ryerson's
struggle with this problem is not yet quite complete. In 1805 a new
agitation of the separate school question was begun in Kingston and
Toronto the principal importance of which was the occasion which it
furnished for one of Dr. Ryerson's ablest deliverances on the subject.
After meeting the man objections of his opponents and reviewing the
whole history of the question from 1810 onward, showing that no
privilege was granted to common school trustees which was not accorded
to separate schools, with the single exception that they were not
permitted to employ the municipal machinery for sectarian purposes, and
pointing out the injustice of using general taxation for denominational
purposes against the will of the majority, he states the fundamental
political principle involved in the question as follows :—" Separate
schools cannot be claimed on any ground of right., as I have often shown
in discussing the subject in former years. All that any citizen can
claim as a right on this subject is equal and impartial protection with
every other citizen. All that can be claimed or granted beyond this must
be on the ground of compact or of expediency or indulgence. 1 have ever
regarded the existence of the separate school provisions of the law In
the light of a compact commencing with the union of the Canadas; and, as
such, in behalf of the public, I have endeavoured to maintain it
faithfully and liberally. Rut if the supporters of separate schools
continue to violate that compact, as they have done repeatedly, by
denouncing it, and demanding its modification and extension, then they
forfeit all right to the original terms and conditions of it, and reduce
the whole question to one of expediency, in which light I will briefly
consider it.
"I think no one will
maintain that separate schools are expedient for the interests of the
state. Nay, those interests are more or less injured by every act of
class legislation, and the strength of the state is weakened by every
sectional division which its citizens have created by law. If it was a
source of individual pride and of the strength of the state, in ancient
days, for every man to say 4Romanus sum'—'I am a Roman' —so would it be
now, under a legislation of equal rights and privileges, without the
shadow of distinction in regard to sect or party, for a man to say 'I am
a Canadian.' For every man to feel that he stands in all respects upon
equal ground of right and privilege with every other man in relation to
the state and law, must best contribute to the true interests and real
strength of the state, and best respond to the spirit and principles of
free government. Upon public grounds, therefore, the law for separate
schools cannot be maintained.''
After pointing out at a
considerable length that separate schools are equally inexpedient for
the educational, social and political interests of Roman Catholics
themselves, he concludes thus:—"The fact is that the tendency of the
public mind and of the institutions of Upper Canada is to confederation
and not to isolation, to united effort, and not to divisions and hostile
effort in those things in which all have a common interest. The efforts
to establish and extend separate schools, though 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, present and future interests
of the parents and youth separated from their fellow-citizens. It- is
not the separate school law which renders such efforts so fitful,
feeble, and little successful; their paralysis is caused by a higher
than human law—the law of circumstances, the law of nature, the law of
interest, if not the law of duty from parent to child.
"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 and most liberal application to successive separate school
acts; and after twenty years experience and superintendence of our
common school system."
This discussion was
followed by a single abortive effort to secure further separate school
legislation in 18(56. In 1867 the question was finally settled by the
following provisions of the British North America Act:—"In and for each
province, the legislature may exclusively make laws in relation to
education, subject and according to the following provisions:—
"1. Nothing in any such
law shall prejudicially affect any right or privilege with respect to
denominational schools which any class of persons have by law in the
province at the union.
"2. All the powers,
privileges and duties at the union conferred and imposed m Upper Canada
on the separate schools and school trustees of the Queen's Roman
Catholic subjects shall be and the same are hereby extended to the
dissentient schools of the Queen's Protestant and Roman Catholic
subjects in Quebec."
These two fundamental
provisions are followed by right of appeal to the
governor-general-ill-council, and the right of remedial legislation by
the parliament of Canada.
Before dismissing this
important subject we may give a brief notice to the efforts of the
Anglican Church ill Upper Canada to secure separate church schools. The
first of these efforts preceded Dr. Ryerson's appointment, and was made
by Bishop Strachan in 1811 and 1843. The effort was renewed in 1850. Of
this effort Dr. Ryerson says: "An amendment to the nineteenth section
was concocted and agreed upon by the clerical Roman Catholic and high
Episcopalian parties, by which any twelve members of either church could
demand a separate school in any school section of Upper Canada. The
leaders on both sides of this new combination were very active, and in
the course of a few days boasted that they would have a majority of
fourteen or twenty votes against the government, on the nineteenth
section of the bill. I saw at once that the proposed amendment, if
carried, would destroy the school system, and in order to break up the
combination and save the school system. I proposed to amend the
nineteenth section of the bill so as to secure the right of establishing
separate schools to the applicants (Roman Catholics) as provided in the
school acts of 1813 and 1816."
The Tache Bill, as
introduced, embodied a similar provision, opening the door to a general
system of denominational schools, and very strenuous efforts, as we have
seen, were required to secure the elimination of its objectionable
features. Even during the legislation of 1860-63 the attempt was
renewed, but in all these cases the effort, was defeated by the liberal
and intelligent stand taken by lay members of the Church of England.
In closing this review
of the separate school agitation it would be very wrong to attribute ot
her than honourable motives to the supporters of the movement.
Denominational ambitions may, of course, have had an influence; but
behind all else there was, without doubt, a deep conviction of the
importance, or rather necessity of religion and morals in the education
of the young. In that conviction Dr. Ryerson shared, and his whole
lifework was proof of its deep hold upon his own mind. As a result, from
the beginning he sought to make the common schools Christian in a broad,
comprehensive, sense of the term. Beyond that he provided facilities for
more specific religious teaching after school hours by the pastors of
the several churches, and took great pains to interest them in this
work. It cannot be said that this last provision has been a success. The
children generally cannot be held after four o'clock for another hour of
school, even by the minister. Rut side by side with the school system
was growing up in all the churches an independent and purely voluntary
system of moral and religious education, in the Sunday school, the Bible
class, the Sunday school teachers' normal class, the catechumen class,
and in the efforts after higher religious intelligence of the young
people's societies. In these lies the true solution of the moral and
religious side of education, a solution in which the conscientious and
pious zeal of our churches should keep pace with the intelligent and
harmonious work of the state. |