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It was in order to discourage, as far as possible, the manifestations of the Irish societies that Baldwin introduced (October 9th, 1843) his bill in regard to secret societies. The provisions of the bill declared all societies (with the exception of the Freemasons) to be illegal if their members were bound together by secret oaths and signs: members of such societies were to be incapable of holding office or of serving on juries: all persons holding public office were to be called upon to declare that they belonged to no such societies: innkeepers who permitted society meetings on their premises were to lose their licenses. Drastic as this measure appears, it must be borne in mind that the secret societies bill was introduced as a government measure with the knowledge and consent of Sir Charles Metcalfe. It passed the House by a large majority, fifty-five votes being cast in favour of it and only thirteen against it. Nevertheless, Sir Charles saw fit to reserve it for the royal sanction, which in the sequel was refused. It is true that the legislature had already adopted a law of a more general nature in regard to demonstrations tending to disturb the public peace, and that this additional legislation was viewed by many as special legislation against a particular class. But the ministry, as will be seen later, considered that, under the circumstances, Metcalfe had gone beyond his constitutional functions in withholding his assent.

1 Journal of the Legislative Assembly, November 4th, 1843.

TARIFFS AND SCHOOLS

Two Acts of the session' which elicited a general approval were Hincks's measures for the protection of agriculture against the competition of the United States. The latter country had recently adopted a high tariff system whereby the Canadians found themselves excluded from the American market. The present statute did not profess to institute a definite and permanent policy of protection, but claimed to remedy the unequal conditions imposed on the farming population under the existing customs system, which put duties on merchandise but allowed foreign agricultural produce and live stock to come in free. Under these Acts a duty of £1 10s. was to be paid on imported horses, £1 on cattle; and on all grains other than wheat, duties of from two to three shillings per quarter.

In order to remedy the defective operation of the existing school law two new statutes were adopted. Fifty thousand pounds a year were now to be given by the government to elementary schools. The difficulties which had arisen under Mr. Draper's Act in regard to the apportionment of the government grant were to be obviated by a division of the money between Upper and Lower Canada in the ratio of twenty to thirty thousand pounds until a census should be taken, after which the division was to be according to population. In the second of

17 Vict. cc. 1 and 2.

7 Vict. c. 9 and 7 Vict. c. 29.

It was in order to discourage, as far as possible, the manifestations of the Irish societies that Baldwin introduced (October 9th, 1843) his bill in regard to secret societies. The provisions of the bill declared all societies (with the exception of the Freemasons) to be illegal if their members were bound together by secret oaths and signs: members of such societies were to be incapable of holding office or of serving on juries: all persons holding public office were to be called upon to declare that they belonged to no such societies: innkeepers who permitted society meetings on their premises were to lose their licenses. Drastic as this measure appears, it must be borne in mind that the secret societies bill was introduced as a government measure with the knowledge and consent of Sir Charles Metcalfe. It passed the House by a large majority, fifty-five votes being cast in favour of it and only thirteen against it.1 Nevertheless, Sir Charles saw fit to reserve it for the royal sanction, which in the sequel was refused. It is true that the legislature had already adopted a law of a more general nature in regard to demonstrations tending to disturb the public peace, and that this additional legislation was viewed by many as special legislation against a particular class. But the ministry, as will be seen later, considered that, under the circumstances, Metcalfe had gone beyond his constitutional functions in withholding his assent.

1 Journal of the Legislative Assembly, November 4th, 1843.

TARIFFS AND SCHOOLS

Two Acts of the session' which elicited a general approval were Hincks's measures for the protection of agriculture against the competition of the United States. The latter country had recently adopted a high tariff system whereby the Canadians found themselves excluded from the American market. The present statute did not profess to institute a definite and permanent policy of protection, but claimed to remedy the unequal conditions imposed on the farming population under the existing customs system, which put duties on merchandise but allowed foreign agricultural produce and live stock to come in free. Under these Acts a duty of £1 10s. was to be paid on imported horses, £1 on cattle; and on all grains other than wheat, duties of from two to three shillings per quarter.

In order to remedy the defective operation of the existing school law two new statutes were adopted. Fifty thousand pounds a year were now to be given by the government to elementary schools. The difficulties which had arisen under Mr. Draper's Act in regard to the apportionment of the government grant were to be obviated by a division of the money between Upper and Lower Canada in the ratio of twenty to thirty thousand pounds until a census should be taken, after which the division was to be according to population. In the second of

17 Vict. cc. 1 and 2.

7 Vict. c. 9 and 7 Vict. c. 29.

the school Acts (which dealt only with Upper Canada) it was provided that the government grant should be distributed among the localities according to population; that the townships (or towns or cities as the case might be) should levy on their inhabitants a sum at least equal to, but not more than double, the government grant. Fees were still to be charged for instruction in the common schools, but a clause of the Act (section 49) enabled the council of any town or city to establish free schools by by-law. The Act continued to recognize the system of separate schools, which might be established either by Protestants or Roman Catholics on the application of ten or more freeholders or householders.

The school law was mainly in amplification and in extension of the existing system. A measure in regard to education of a much more distinctive character, and which evoked a furious opposition both within and without the House, was Robert Baldwin's University of Toronto bill. Although this measure was not finally adopted, the university question remained for years in the forefront of the political issues of the day, until the matter was finally set at rest by the statute enacted under the second LaFontaine- Baldwin administration.'

1 The administration of 1848 should more properly be called the Baldwin-LaFontaine administration, since Robert Baldwin was its senior member. But it has been customary to use the designation in the text.

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