64 VICTORIA, A. 1901

No. 17.-CHARTER OF COBOURG SEMINARY.

(Archives, Series, Q., Vol. 387-1, p. 187.)

Whereas the Ministers of the Wesleyan Methodist Church in Canada have by the aid of private and voluntary contributions, erected the buildings for an Academy of Learning, for the Education of youth on Christian principles, situate in the vicinity of the Town of Cobourg, in the Newcastle District, within our Province of Upper Canada in North America, and whereas the said Ministers of the Wesleyan Methodist Church have made humble application to Us, that we would be pleased to grant Our Royal Charter for the more perfect establishment of the said Academy for the purpose aforesaid; And whereas the object of the said application has been recommended by our trusty and weil beloved Sir John Colborne our Lieut. Governor of our said Province, as greatly conducive to the welfare of our said Province. Now KNOW YE, that We having taken the premises into our Royal Consideration and duly weighing the great utility and importance of such an institution have of our special grace certain knowledge and mere motion ordained and granted, and do by these presents for Us, our heirs and Successors, Ordain and Grant, that there shall be established at or near our Town of Cobourg in the Newcastle District, and in our said Province from this time, an Academy with the style and privileges hereinafter stated, for the instruction of youth and students in the various branches of science and literature, to continue for ever to be called Upper Canada Academy.

And we do hereby declare and grant that the Conference or Ecclesiastical Assembly of the said Wesleyan Methodist Church at its annual Meetings shall appoint nine Trustees for the said Academy, three of whom (the first three on the list) shall go out of Office annually and the vacancies shall be filled up by the said Conference; And We do hereby, for Us, our heirs and Successors will ordain and grant, that the said nine Trustees appointed as aforesaid, and their Successors for ever shall be one distinct and separate Body politic and Corporate in deed and in name by the name and style of the Trustees of Upper Canada Academy at Cobourg and that by the same name they shall have perpetual succession and a common Seal, and that they and their successors shall from time to time have full power to alter, renew or change such common seal at their will and pleasure and as shall be found convenient and that by the same name they the said Trustees and their successors from time to time and at all times hereafter shall be able and capable to have, take, receive, purchase, acquire, hold, possess, enjoy and maintain to and for the use of the said Academy, Messuages, lands, tenements and hereditaments of what kind, nature or quality so ever situate and being within our said Province of Upper Canada or of Lower Canada, so as the same do not exceed in yearly value the sum of five thousand pounds above all charges; and moreover to take purchase, acquire, have, hold, enjoy, receive, possess and retain all or any goods, chattels, charitable or other contributions gifts or benefactions whatsoever.

And We do hereby declare and grant, that the said Trustees and their successors by the same name shall and may be able and capable in law, to sue and be sued, implead and be impleaded, answer and be answered, in all or any Court or Courts of Record within our United Kingdom of Great Britain and Ireland, and our said Province of Upper Canada and other our Dominions, in all and singular actions, causes, pleas, suits, matters and demands whatsover of what nature or kind soever, in as large ample and beneficial a manner and form as any other body politic or corporate or any other our liege subjects, being persons able and capable in law, may or can sue, implead or answer or be sued, inpleaded or answered in any manner whatsoever.

And whereas it is necessary to make provision for the government and management of the affairs of the said Academy, we do hereby declare, ordain and grant, that the said conference of the said Wesleyan Methodist Church at each of its annual meetings shall have authority to appoint five visitors (whose term of office shall cease at the annual meeting of the said conference next ensuing to that at which they were appointed) who shall be associated with the said Trustees as a joint board of management,

SESSIONAL PAPER No. 18

which joint Board of said Trustees and visitors shall have power and authority to frame and make statutes rules and ordinances touching and concerning the good government of the said Academy, the performance of Divine Service therein, the Studies, Lectures and Exercises and all matters regarding the same, the appointment, residence and duties of the Principal of the said Academy, the number, residence and duties of Teachers thereof, the management of the Revenues and property of the said Academy, the salaries, stipends, provision and emoluments of and for the Principal, Teachers, Officers and Servants thereof: the number and duties of such officers and servants, and also touching and concerning any other matter or thing which to them may seem good, fit or useful for the well being and advancement of the said Academy, and agreeable to this our Charter, and also from time to time by any new Statutes, rules or ordinances to make, renew, augment or alter all, every or any of the said Statutes, Rules and ordinances, as to them shall seem meet and expedient. Provided always that the said Statutes, rules and ordinances or any of them shall not be repugnant to the laws and statutes of Great Britain and Ireland, or of our said Province of Upper Canada or to this our Charter. Provided also that no Principal of said Academy shall be appointed to or finally removed from Office without the approbation of the majority of the Votes of the said Conference of the Wesleyan Methodist Church at its annual meeting. Provided also that no religious test or qualification shall be required of or appointed for any persons admitted as pupils or scholars within said Academy.

And we do further ordain and grant that a Meeting of the said Trustees and Visitors shall be held in each and every year within one Calendar month after the annual Meeting of the said Conference of the Wesleyan Methodist Church, at which meeting a Secretary and Treasurer of the said Board shall be appointed by the votes of the majority of the Members present; such Treasurer and Secretary being Trustees or Visitors of said Academy.

And we do further ordain and declare, that no meeting of said Board shall be or be held to be, a lawful meeting thereof, unless five members at least be present during the whole of every such meeting; and that all questions and resolutions proposed for the decision of the said Board shall be determined by the majority of the votes of the Members of the Board present, including the vote of the Presiding Member; and that in the event of an equal division of such votes the Member presiding at any such Meeting shall give an additional or casting vote.

And we do further declare and ordain, that if any Member or Members of the said Board shall die, or resign his or their seat in the said Board, then and in every such case a fit and proper person or persons shall be appointed by the remaining members of the said Board at their next Meeting, if they shall judge it expedient, and such new member or members so appointed in the place or stead of the member or Members so dying or resigning shall continue in office until the annual meeting next ensuing of the said conference of the Weslyan Methodist Church.

And we do hereby declare and ordain, that the said Board shall from time to time and at all times appoint the time and place of its own meeting; but that an extra meeting of the said Board may be called at any time, whenever three or more members of the said Board shall judge it expedient by giving due and sufficient notice thereof. A true and faithful record of the proceedings of each and every meeting of the said Board shall be entered by the Secretary of the Board in a Book kept for that purpose and signed by the presiding member and Secretary.

And whereas it is necessary to make provision for the due proof of the appointment of persons as Trustees and visitors of the said Academy. Now we do further ordain and declare that the Secretary of the said Conference of the Wesleyan Methodist Church at or immediately after each annual meeting of said Conference shall certify the same under his own hand to the Secretary of the said Board, which certificate shall be copied into the book kept by the said Board, and shall be held to be sufficient proof of the appointment of any person or persons as Trustee or Visitor or Trustees or Visitors of said Academy.

And We do hereby for us, our heirs and successors, charge and command, that the statutes, rules and ordinances aforesaid subject to the said provisions shall be strictly

64 VICTORIA, A. 1901 and inviolably observed, kept and performed from time to time in full vigour and effect, under the penalties to be thereby or therein imposed or contained.

And we do will and by these presents for Us, our heirs and successors, do grant and declare that these our Letters Patent or the enrolment or exemplification thereof, shall and may be good, firm, valid sufficient and effectual in law according to the true intent and meaning of the same and shall be taken, construed and adjudged in the most favourable and beneficial sense for the best advantage of the said Trustees of the said Academy as well in our Court of Record as elsewhere, and by all and singular Judges, Justices, Officers, Ministers and other subjects whatsoever of Us, our heirs and Successors, any mis-recital, non-recital, omission imperfection defect, matter, cause or thing whatsoever to the contrary thereof in any wise notwithstanding.

In Testimony whereof we have caused these our Letters to be made Patent.

SESSIONAL PAPER No. 18

NOTE B.

EMIGRATION.

No. 1-MR. SHIRREFF'S PROPOSAL FOR SETTLEMENT.

(Archives Series Q. Vol. 375-2 p. 361)

LONDON, September 29, 1832.

MY LORD,--When I had last the honour of an interview with Mr. Hay I mentioned that I was very desirous of submitting to His Majesty's Government a plan for opening a direct communication between Montreal and Lake Huron by way of the Ottawa, and for settling the neighbouring country and I now beg leave to lay before Your Lordship a few observations on the subject.

An undertaking of this kind was first suggested in a pamphlet published in London by my brother in 1824, and both he and my Father have since been at great pains to ascertain the nature of the country with a view to the objects already mentioned. A description of a part of it which the former explored for that purpose at a very considerable expense and which was previously a blank in the maps accompanies this.

In countries which have been long occupied, the object for increased facilities to communication is generally to accommodate bodies of population already formed, tho' even in that view, an increased activity of intercourse is always reckoned on in calculating the cost. In more recently settled countries, the object of such facilities is often to encourage, and in some measure to guide the progress of settlement, care being taken to observe that other circumstances combine to make the current of population set in towards those parts of the country where the improvements are commenced. The Erie Canal is a striking example of the success with which extensive works may be undertaken on the latter principle in a country where the low price of land removes every check to the increase of population. In this work the Americans were fortunate in being able to combine almost immediate commercial advantages with additional facilities for warlike operations on the Northern frontier. To restore the equilibrium of attack and defence, the Rideau Canal became necessary. It also opens up a most important part of the country tho' not likely to repay itself as soon as the Erie Canal the substantial manner in which it is constructed will prevent any considerable outlay, for repairs in the meantime. It is one of the greatest securities by which we hold the Canadas and the protection of every other great work which either has been, or may be, undertaken there. Among the latter there is none more strongly pointed out by the form of the country, nor which would be a greater stimulus to its trade and settlement, than the completion of the direct water-way between Montreal and Lake Huron which is already half formed by means of the Ottawa. It is remarkable that the distance is the same as that between Albany and Lake Erie, the two extremities of the great work by which our enterprising neighbours have connected the Upper Lakes with the Atlantic. The two lines of communication would indeed in both senses of the word be parallel. Even altho' the route by Lake Nipissing were found to be the most eligible, the increase of distance on our side would be much more than compensated by what nature has done to our hand.

The probability of an advantageous investment of capital in such an undertaking is of course for the consideration of individuals. But it may be observed that the two objects proposed would reciprocally aid each other. The body of land at a Company's

64 VICTORIA, A. 1901 disposal would attract labourers and afford supplies for the Canal, and the Canal would bring purchasers for the land, of whom the workmen employed would form a very considerable proportion.

There is this advantage in commencing such operations in a part of the country still unoccupied, that there is no large item to be placed at the debit of the account for damage to private property. In the present instance, on the contrary, there would be the enhanced value of the land to come to the credit of the works. Had this been the case with regard to the Rideau Canal, an Association of individuals might perhaps have been found willing to have undertaken that work. And even had its adaptation to military purposes rendered it necessary to defray the expense out of the public purse, many of the obstacles arising from extravagant claims for compensation, through which in addition to the natural difficulties of the work, the able Officer intrusted with its accomplishment has had to thread or cut his way, would have been avoided, while the lands in the vicinity might have been advantageously sold by Government, and the purchasers more benefitted than by receiving a free grant of them, without such an improvement. Nations, however, like individuals, must often pay for their experience, and I only make these observations because they are in favour of an early commencement in the present instance, one great encouragement to which, is the rapidly increasing population of the Michigan and North Western Territories. For there can be no doubt, and it is a circumstance which appears to ensure success, that these Sections of the United States would avail themselves of an opening in the direction of the Ottawa for almost the whole of their Aclantic commerce.

Indeed, such an outlet for their produce would not fail to accelerate and swell the tide of emigration already set in towards that quarter from the New England and Middle States of the Union. In a political point of view, such an advantageous channel for their trade would very much increase the interest which they have in their Government continuing on a friendly footing with the British Empire. Should we unfortunately however, be involved in hostilities with our powerful rival this short and safe cut to Lake Huron, together with a militia and population of English feelings in that part of Canada, would add greatly to our resources; whereas without them, a reference to the maps will at once show that the enemy, by the settlement of his Michigan and Northwestern Territories, will have turned our flank, and converted into a source of mischief, or at least annoyance to us, the very circumstance which otherwise would have bound him over to the peace.

The co-operation necessary on the part of Government and Legislature, would be the giving at a valuation, and on certain conditions to a Company either already, or to be formed, an extent of land and a charter that would enable them to combine both the settling effectually that part of the country, with the completing the navigation of the Ottawa as far up, if necessary as Matawowen Bay, and the connecting that river by canals or railroads with the navigable waters between it and Lake Huron, so as to carry forward the line of communication to the latter.

If the writer may venture to hope that his views on this subject accord with those of His Majesty's Government, there are one or two points which he would respectfully state as appearing to him very important.

The first of these is the delaying, for a short time, to make any grants or sales of land in the Midland District of Upper Canada north of the river Madawaska, in the Newcastle District, north of the 45th degree of latitude, and in the Home District north of the same degree and nearer to the Muskoka river and lake than 3 miles. The late season of the year will prevent this being inconvenient, whereas partial settlements north of the above limits might very much embarrass the arrangements with a Company and their subsequent operations.

In the next place that in consideration of the risk and expense of opening this line of communication, an Association willing to undertake it should have the preference in choosing conditionally a tract of land between the Ottawa and Lake Huron, north of the boundary above specified. The extensive space unfit for cultivation immediately in the rear of the present surveyed Townships in the Midland and Newcastle Districts and the obstructions which the falls and rapids of the Ottawa cause to Settlements beyond