A good deal of land in Lower Canada is held in seigniory, under a species of feudal tenure, with respect to the conditions of which a controversy has arisen which threatens, unless some equitable mode of adjusting it be speedily devised, to be productive of very serious consequences. A certain class of jurists contend, that by the custom of the country, established before its conquest by Great Britain, the seigniors were bound to concede their lands in lots of about 100 acres to the first applicant, in consideration of the payment of certain dues, and of a rent which, never, as they allege, exceeded one penny an acre; and they quote edicts of the French monarchs to show that the governor and intendant, when the seignior was contumacious, could seize the land, and make the concession in spite of him, taking the rent for the Crown. The seigniors, on the other hand, plead the decisions of the courts since the conquest in vindication of their claim to receive such rents as they can bargain for. Independently of this controversy, the incidents of the tenure are in other respects calculated to exercise an unfavourable influence on the progress of the Province; and its abolition, if it could be effected without injustice, would, no doubt, be a highly beneficial measure.[6]
Still more important and interesting at this time is the following sketch of the Educational System of Upper Canada; the 'Common Schools' and 'Public School Libraries,' which have attracted so much the attention of our own educationists. Nor is it uninstructive to note the contrast between what had been achieved in the colony nearly twenty years ago, and the still unsettled condition of similar questions in the mother-country: a contrast which may perhaps call to mind the remarks of Lord Elgin already quoted, as to the rapid growth which ensues when the seeds that fall from ancient experience are dropped into a virgin soil.[7]
[Sidenote: Education.]
In 1847 the Normal School, which may be considered the foundation of the system, was instituted, and at the close of 1853, the first volume issued from the Educational Department to the Public School Libraries, which are its crown and completion…. The term school libraries does not imply that the libraries in question are specially designed for the benefit of common school pupils. They are, in point of fact, public libraries intended for the use of the general population; and they are entitled school libraries because their establishment has been provided for in the School Acts, and their management confided to the school authorities.
[Sidenote: Public School Libraries.]
Public School Libraries then, similar to those which are now being introduced into Canada, have been in operation for several years in some states of the neighbouring Union, and many of the most valuable features of the Canadian system have been borrowed from them. In most of the States, however, which have appropriated funds for library purposes, the selection of the books has been left to the trustees appointed by the different districts, many of whom are ill-qualified for the task; and the consequence has been, that the travelling pedlars, who offer the most showy books at the lowest prices, have had the principal share in furnishing the libraries. In introducing the system into Canada, precautions have been taken which will, I trust, have the effect of obviating this great evil.
In the School Act of 1850, which first set apart a sum of money for the establishment and support of school libraries, it is declared to be the duty of the chief superintendent of education to apportion the sum granted for this purpose by the legislature under the following condition: 'That no aid should be given towards the establishment and support of any school library unless an equal amount be contributed or expended from local sources for the same;' and the Council of Instruction is required to examine, and at its discretion recommend or disapprove of text books for the use of schools, or books for school libraries; 'provided that no portion of the legislative school grant shall be applied in aid of any school in which any book is used that has been disapproved of by the Council, and public notice given of such disapproval.'
[Sidenote: Common schools.]
The system of public instruction in Upper Canada is engrafted upon the municipal institutions of the Province, to which an organisation very complete in its details, and admirably adapted to develop the resources, confirm the credit, and promote the moral and social interests of a young country, was imparted by an Act passed in 1849. The law by which the common schools are regulated was enacted in 1850, and it embraces all the modifications and improvements suggested by experience in the provisions of the several school Acts passed subsequently to 1841, when the important principle of granting money to each county on condition that an equal amount were raised within it by local assessment, was first introduced into the statute-book.
[Sidenote: Local superintendence.]