Appendix
On 31st March the Commissioners dispensed with
(E.E.E.) the services of three of their clerks whose work had
been brought to a close. From that date down to
31st July. the present, the inquiry has proceeded satisfactorily,
the Commissioners paying the wages of the assist-
ants and other charges out of their own pockets, and
employing additional hands when required.

31st July.

Appendix
only stopped the supplies, but did not prevent the
books of the office from being given for the use of (E.E.E.)
the Commissioners. His reply was, that he consi-
dered that the books were not to be given, and that
he could not give them without an order from the
Senate. I asked him for a written reply, which he
promised to send down. I then asked him for a
verbal one in the mean time, as Dr. Workman in-
tended to send a telegraphic despatch to Mr. Justice
serious consideration, and were resolved to act on it.
His reply was that the fault was not his; that the
Commissioners had received every accommodation
the office could afford; and that he looked upon the
recent Statute as entirely abolishing the Commission
of Inquiry, as the Commission was not appointed
by act of Parliament, but by a Statute passed by
the late Council of King's College. I replied that
I understood the nature of the Statute very well,
and in the mean time would consider his verbal reply
as official, to which he assented, and stated again that
he could not give the books without an order from
the Senate.

The servants of the University appear to have
been better informed as to the meaning of the Sta-Burns; that they had given the matter the most
tute of the 8th March than the Commissioners were;
for, on the day on which that Statute came into
operation, 1st April, the books of the University
required by the Commissioners were refused by the
Bursar, to the messenger who usually carried them
to and from the office. The visiting Commissioners
being apprized of this refusal, addressed the Bursar
the following letter:-

KING'S COLLEGE COMMISSION ROOMS,
Toronto, 1st April, 1851.

To A. CAMERON, Esq.,

SIR,

Bursar, Toronto University,

The Commissioners of Inquiry into the affairs of King's College and Upper Canada College having resolved to continue their investigations as intimated to you, for the information of the Senate of the University, in the copy of resolutions passed by the Commissioners on 22nd ultimo, and forwarded to you by the Secretary of the Commission, I beg to state that by virtue of the Statute of appointment, bearing date the 7th of August, 1848, access to the books, papers, and documents of the institutions above named, is desired by the Commissioners; and I have to request that you will, in conformity with the have to request that you will, in conformity with the provisions of the said Statute, furnish the clerks at present employed under the Commissioners, Messrs. Angus McIntosh and T. McKenna, or either of them, or to their proper requisition for the same, all such books, papers or documents, as they or either of them may, from time to time, as long as they continue in the service of the Commission, call for, whether personally or by requisition per messenger; and all such other information, generally, as by virtue of the said Statute the Commissioners are empowered to demand

Mr. McIntosh will wait on you with this commu-
nication, and will require the following books, viz:—

Private Ledgers, 1 and 2.
Rough Cash Books, 1, 2, and 3.
(Signed,) JOSEPH WORKMAN, M.D.,
Visiting Commissioner.

The visiting Commissioner instructed Mr. McIn-
tosh to take notice of the Bursar's verbal reply to
the above communication, and at the same time to
ask for a written reply. Mr. McIntosh's statement
of the verbal reply is as follows:—

Mr. Angus McIntosh's Report to the visiting Com-
missioner, of the verbal reply of the Bursar
to the letter of the Commissioner of 1st

April, 1851, requiring certain books for the

use of the Commission :

I waited on Mr. Cameron with Dr. Workman's letter, who, on reading it, shook his head, exclaiming, "that will not do,"-"I can't do it." I told him that the recent Statute passed by the Senate

The Commissioners may have their own opinion as to the legitimacy of the course of action adopted by the Senate, in the passing of the Statute of suspension of payments, the operation of which, under other circumstances than the immediate approximation of the close of their work, must necessarily have brought their investigation to a premature termination; but, after due deliberation and careful reference to the several clauses of this Statute, and to the provisions of the Statute of appointment, they were unable to perceive that they stood relieved from the responsibility assumed by them in undertaking the duties imposed on them by the latter, the repeal of which has not as yet been intimated to them.

It is possible that the framers of the Statute of suspension of payments may have regarded it as more comprehensive in its operation than the Commissioners apprehend it to be, for the Commissioners are constrained to admit, that in its legal technicality and grammatical structure, it is a document of anomalous character. The Commissioners were not, however, warranted in the conclusion that it was intended to repeal a preceding Statute to which no express reference is made, either in the preamble or the enacting clauses, and in accordance with this conclusion they decided on continuing and completing their inquiry, even at their own personal inconvenience and pecuniary sacrifice; sustained by a consciousness of their integrity in their past labours, and their well-grounded hopes of bringing the work to an early termination.

I herewith beg to enclose for your more convenient "The Bursar and Secretary having laid before
consideration, as the highest officer of the Univer-"the Board a communication from Dr. Workman,
sity, a copy of four resolutions passed by the Com-"on the subject of access by the Commissioners of
missioners on 22nd ultimo, and of the Statute of "Inquiry to the books of the University and U. C.
appointment of the Commission and suspension of "College, and his answers thereto declining to fur-
payments, on its behalf.
"nish such access without a reference to the Senate:

"Resolved, That the Bursar and Seeretary do "inform Dr. Workman that the Commissioners of Inquiry may have access to the books required "in the same manner as before the passing of the "recent Statute of the Senate, but otherwise subject

I also enclose a copy of a note addressed by me,
as visiting Commissioner, yesterday, to the Bursar
of the University, in consequence of his previous"
verbal refusal to furnish certain books, and of that
officer's replies to the same; from which you will
perceive that the provisions of the Statute of appoint-"to its provisions.
ment of the Commission have been violated by the
Bursar, who has taken upon himself to give an inter-
pretation to the enactments of the Statute of sus-
pension of payments, of which the Commissioners
are well satisfied they are not legally susceptible.

I therefore formally complain to you, on behalf of the Commission of Inquiry, of the disobedience shewn by the Bursar to the Statute of the University appointing the Commission, and investing the

(Signed,)

"ALLAN CAMERON,
"Bursar and Secy."

It is due to one branch of the University authorities to state that the Commissioners learned that the Bursar had received verbal instructions from the Board of Endowment, several days prior to the above communication, to furnish the books. It may not be uncalled for in this place to state that the Com

Appendix
missioners were invested by the Statute of appoint-
(E.E.E.) ment "with full powers and authority to send for
and examine such of the officers and members of the
University, and of Upper Canada College as an ap-
pendage to the same, and also all such clerks and
servants of them or either of them, and generally,
all such persons in the service or employment of both
or either of the said institutions as such Commission-
ers, or the majority of them, shall think expedient or
necessary for the purposes of such inquiry; and all
such officers, members, clerks, servants and persons
so employed shall, and they are hereby required to
communicate to such Commissioners, or the majority
of them, all the information in their power touching
or in any way concerning the subject of such inquiry,
and moreover produce and shew to such Commis-
sioners, or the majority of them, on their requisition,
all such Books, Papers, and Records, or other mat-
ters as the said Commissioners, or the majority of
them, shall or may from time to time think necessary
or useful," &c., &c. (See Statute of Appointment.)

The Commissioners, in consideration of the incon-
venience to the clerks and other officers of the Uni-
versity, and the interruption of office business which
might be caused by the exercise of the full powers
above detailed, abstained from every procedure which
appeared to them likely to lead to such results, or
which might be disagreeable to the persons over
whom they had been authorized to exert their con-
trol; nor did the Commissioners permit their clerks
to keep out of the hands of the University officers
any books presently required in the University
office, but instructed them to deliver them up, or
send them by the Commission messenger, whenever
called for; so anxious, indeed, were the Commis-
sioners to avoid every cause of annoyance of this
sort, that they had a great amount of work done at
the University office, with much inconvenience and
considerable loss of time, rather than keep the books
of the establishment beyond immediate access to the
University officers; and very frequently the most
important branches of the Commission accounts
were interrupted in their progress by the withdrawal
of the books in hands.

For the general politeness and prompt attention which the Commissioners, throughout their investigation, have experienced from the officers and servants of the University, but more especially from the President, the Revd. Dr. McCaul, and the late Bursar, Dr. Boys; they most cheerfully avail themselves of the present opportunity of expressing their grateful thanks. It is also an agreeable though melancholy duty to the undersigned, who have been spared to bring the labours of the Commission to a close, to record their high sense of the devotion to the best interests of the University manifested by their late lamented colleague, John Wetenhall, Esq., M. P. P., whose industry and zeal, in the discharge of his duties as one of the Commission of Inquiry, will entitle his memory to the lasting respect and consideration of the institution which honored him with its confidence.

The Commissioners have extended these prefatory
details to much greater length than they could have
The Commissioners, in justice to the officers and desired; but the position which they have occupied
clerks of the University, have much pleasure in during a considerable part of the period of their
stating the foregoing refusal of the books was the inquiry has been of a peculiar character, and has
only instance in which a compliance with their re-appeared to them to justify, if not to demand, such
quisition was not promptly met; and there was only
one other instance in which a servant of the institu-
tion neglected to notice the call of the Commission-
ers for information, which was on the part of a Mr.
Thomas Young, who had, for a number of years,
enjoyed the office of University Architect, with a
salary of £200 a year.

a detail of facts as they have here endeavored to
give. They have never doubted that when the true
nature and extent of their labors shall have been fully
understood, a proper estimate of its value and im-
portance will be entertained; and that none will, in
the end more highly appreciate their work than the
officers and authorities of the University. Relying,
therefore, with the utmost confidence on the final

the following statement of the leading facts which
have come under their observance and appear to call
for notice.

On 5th January, 1849, the Commissioners ad-approval of their entire conduct, they now submit
dressed to Mr. Young fourteen questions, requesting
his attention to the same; but they have not yet been
honoured with Mr. Young's replies. (Vide Ap-
pendix.)

In some instances the University officers, though duly noticing the request of the Commissioners for information, did not seem well prepared to furnish it.

The following is a remarkable case of this sort:

The Commissioners having had their attention drawn to the circumstance that the University Cashbook, kept in Dr. Boys' Bursarship, presented some anomalous features requiring explanation, submitted. the following query to the Bursar, A. Cameron, Esq., on 14th April, 1851:—

The attention of the Imperial Government appears to have been directed, at an early period in the history of Upper Canada, to the subject of general education; and a munificent appropriation of lands from the public domain was made by the Crown, for the support of common schools and other institutions of learning.

In 1798 a grant of 549,000 acres was, at the instance of the Provincial Legislature, placed at the disposal of the local authorities, for the purpose of

Appendix
yielding an adequate revenue for the maintenance of
(E.E.E.) various educational establishments, including a Uni-
versity. (Vide Rev. Dr. Strachan's Report-Ap-
31st July. pendix.)

Of the above land endowment, 190,573 acres were, up to the year 1826, assigned to, (or disposed of by,) a public body known as the Board of General Education, the proceeds having been, as the Commissioners believe, applied to the support of Common and Grammar schools; but the low prices obtained at this period of Canadian settlement for the public lands no doubt rendered the fiscal returns comparatively slender, as we are informed in the report of the Rev. Dr. Strachan, above referred to, that in 1826 there were in Upper Canada no more than three hundred and fifty Common Schools, and eleven District or Grammar Schools; the former hayeleven District or Grammar Schools; the former having a regular attendance, estimated by this Reverend gentleman at 8000 scholars, and the latter about

300.

Appendix lued the annual rental at "less than £1000 per annum." This was very much under the actual (E.E.E.) amount. It must have been at least £3000. (Vide Crown Schedule.) The average price on the whole of the Sales, say 134,057,3% acres, up to 31st Decr., 1849, has been £1 4s. 34d. per acre.

It is therefore manifest that the lands bestowed upon the University as an endowment, were of greater value than the Council seemed desirous to represent them to be; and that, under judicious management, they would have afforded a most ample support to the institution which they had been destined by the Royal donor to uphold.

In addition to the landed endowment above men

tioned, His Majesty was pleased to order that £1000
sterling, per annum, be paid into the funds of the
remainder of the term of their agreement, (which
University by the Canada Company during the
was then understood to be about 16 years,) to con-
stitute a fund for the erecting the buildings of the
institution. (See Despatch from Earl Bathurst;
March, 1827.)

Of the lands constituting the difference between the 358,427 acres remaining of the grant of 1798, and the 225,944 acres conveyed from the Crown Reserves to the University, in exchange for an equal quantity of the former, the records of the University,

The residue of the grant of 1798, amounting to
358,427 acres, appears to have been regarded by the
framer of the Report above mentioned, as well as by
the Lieutenant Governor for the time being, as pro-
perly constituting that portion of the Royal gift which
had been intended for the support of the contem-
plated University. His Excellency, Sir P. Mait-
land, in December, 1825, in a despatch to the
Colonial Secretary, Earl Bathurst, (See Appendix,)
so far as the Commissioners have been able to disco-
suggested the propriety of an exchange being made
ver, afford no information. This difference amounts
by the Imperial Government of all the unalienated to 132,483 acres; and by reference to the Report of
lands known as the Crown Reserves, occupied under the Rev. Dr. Strachan, before noted, the sugges-
lease, for an equal quantity of the above 358,427 tions of which were approved of by His Majesty, it
acres of school lands, in order to ensure the imme- is evident that the whole of the 358,427 acres re-
diate establishment of a University, by the substi- ferred to were regarded as appertaining to the Uni-
tution of valuable and saleable lands, as its endow-versity. It is probable that the founders of the
ment, in place of those at command, "a considerable
portion of which was not of the first quality," and
lay "in tracts remote from settlements." (See Des-
patch as above.)

The Crown Reserves above alluded to, were estimated by His Excellency at 200,000 acres, and worth, on the average, ten shillings per acre. (See "Report," Appendix.) The Rev. Dr. Strachan, in the following year, 1826, estimated these Reserves at 229,000 acres, and worth "ten shillings, Provincial currency, per acre." According to the Deed of Endowment of 3rd January, 1828, the quantity of land conveyed to the University from the Crown Reserves was 225,944 acres; which, however, by certain errors of measurement and prior alienations which were subsequently discovered, was reduced to 223,538 acres.

On 31st May, 1828, before any sales had yet taken place, the College Council, as appears by the following minute, fixed the minimum price per acre at twenty shillings :

"Resolved, That no lot be sold for less than one pound per acre. That the terms of payment be 1-10th down, and 1-10th with interest annually, so that the transaction be finished in nine years."

On 30th Sept., 1830, the Council, in a Report submitted to His Excellency the Lieutenant Governor, state the value of the University lands to be "nearly £100,000;" but though they inform His Excellency that they have agreed to sell their possessions at a fair valuation," they omit to mention the minimum price fixed on by them, on 31st May, 1828. (See Min. Book, Vol. 1, pp. 171-2.) The Council va

institution and the College Council were so well
satisfied with the obtainment of the less quantity of
land of much higher value than that given in ex-
change, that they deemed it inexpedient to press the
claims of the University to their legitimate extent.

31st July.

Many of the tenants in occupation of these lands had held their lots under lease from the Crown from an early period in the settlement of Upper Canada, at a yearly rental varying with the length of time which had transpired from the date of grant. As the improvement of the lands was supposed to advance with the lapse of years, the leases were constructed for three terms of 7 years each; and the rent was increased in an ascending ratio, so as to correspond with the increasing means of payment of the lessees. It appears, however, from an inspection of the Crown Rents accounts, so far as the Commissioners have had opportunities of noticing them in the University accounts and records, that this department of the Crown revenues had been administered with extreme remissness; the payment of rents, and the renewal of leases, seem to have been matters of simple option on the part of the occupants of lands; and all who chose to avail themselves of the forbearance of the proprietor as a sufficient reason for evading payment, and holding their farms by natural right, found themselves perfectly safe in doing so.

Appendix estate, the accruing annual revenue would have been so large that the alienation of the property, by a (E.E.E.) system of sales on fee simple, would not only have been deemed uncalled for, but would have been regarded as an unwise course of policy.

An examination of the annual cash returns from the rent account during the first six or seven years of possession by the University, suffices to shew the actual position of the rental administration at this time. Those tenants who chose to offer payment became known to the officers of the institution; and their names then first appeared in the imperfect accounts kept. The payments for rent in 1828 were, with one exception, received from purchasers; being for arrears due by them on the lands sold to them. In succeeding years, the rent collected was either from purchasers or from tenants at no great distance. Those who neglected or avoided payment remained unknown to the establishment; and found the new proprietor no less indulgent than had been its predecessor. This state of things was probably not injurious to the community; but it was very detrimental to the interests of the University. It is not to be supposed that the managers of the estate were totally heedless or ignorant of the great disadvantages under which their trust suffered; but though they may have desired a better system they did not establish it, or they deferred its adoption until the accumulated embarrassments which always press upon those who entrust their affairs to persons devoid of experience and business habits, rendered the work too formidable an undertaking to be entered upon without effecting changes of incumbency which they probably did not feel disposed to carry out.

It must be apparent that mismanagement of this
nature, on the part of the Crown, could not fail to
prove most detrimental to the interests of its suc-
The entire history of the University endowment
cessor, the University. Many of the tenants had and its administration, as it has been gathered by
probably ceased to regard themselves as longer under the Commissioners from the accounts and records of
any obligation to pay the annual rents; and not a the institution, is but a continuous demonstration of
few may have believed that the original covenant the fatal results of persisting in a defective system
was a mere matter of form, and that it never had of accounts. It would be absurd not to suppose
been the intention of the proprietor to ask for, much that in any country constituting a portion of the
less to enforce, payment. Rents remained unpaid, British Empire, but more especially in a colony
and unasked for; leases expired, and renewals were enjoying the privilege of responsible government, a
unsought for; the lands were improved or pillaged, period must arrive when a full exposition of the
or remained in their wilderness condition, according fiscal management of an institution of such great
to the natural course of events; and the relation of public importance, and endowed so richly from the
landlord and tenant was allowed to become an obso- lands of the Crown, would be demanded. The
lete fact, unless in those instances in which the prox-institution of the present Commission of Inquiry
imity to the Seat of Government or a more than
ordinary tenderness of conscience on the part of the
occupants, conduced to its perpetuation. A rent-
roll thus negligently managed, certainly called for
no trivial vigilance in the successor to the estate;
and even under the most judicious and active admi-
nistration, it was impossible but that much loss and
inconvenience should be the consequence of the
defective fiscal discipline which had obtained under
the previous ownership.

Had a good system of management been established and kept up by the Crown, it is more than probable that it would have descended to the University. Unfortunately the model left by the former was the worst which could have been followed; and the early authorities of the institution do not appear to have been very active in the devising of a better. If the lands had come into the possession of the University as a well ordered and carefully managed

was not a matter of choice but an act of imperative
necessity; and now that the Commissioners have
arrived at the close of their labours, their chief sur-
prise is that the work allotted to them should have
been so long deferred. The labors of the Commis-
sioners have not consisted in an examination or rec-
tification of the University accounts, but in the
construction of them from materials of the most
confused and perplexing character. Had the inquiry
been instituted at an earlier date, and the accounts
of the University reduced to a state of business
intelligibility, so that its fiscal affairs could have
been so thoroughly understood by its authorities and
officers as not only to enable them at any moment to
submit clear statements to the public, but also to
prompt them to an earnest desire to afford all such
information, it is difficult to say to what extent the
interests of the institution would have been bene-
fitted thereby.

31st July.