No. 70

I did not receive Your Lordship's Despatch No 27 of the 16th
March, on the subject of the Ordinance No 21 of 1869 "to
establish Public Schools throughout the Colony of British
Columbia," until the afternoon of the day on which the
Legislative Session had been closed. The Council had then
already passed the Ordinance entitled "An Ordinance to amend the
School Ordinance, 1869," of which I enclose the usual printed
Copies with the Attorney General's Report. It was of course too
late to act upon Your Lordship's suggestions during the present
Year. In fact, however, any Educational measure can be in the
existing circumstances of the Colony only of a very rudimentary
character. Not only would the details of Mr Fo[r]ster's scheme,
as Your Lordship remarks, be unsuited for adoption in this
Colony in the form applicable to England; but even the
arrangements which are desirable in a comparatively closely
populated Colony of small area like Trinidad would be found
quite unworkable from lack of material and machinery in such a
peculiar Community as British Columbia; containing a very few
thousands of population in small knots separated by great distances.

2. The Ordinance which I now transmit seeks to supply the
defects in the original measure which experience has so far
shewn to be the most important. But the want of a "conscience
clause" has not been felt. No difficulty on this point has
hitherto arisen.

*

And, in fact there are no common Schools in any District
existing without the aid of Government.

3. Great assistance may be afforded, I hope, to the Governor
and Council by the appointment of Inspectors. Mr Alston, the
Registrar of Deeds, a man of ability who has always taken great
interest in the subject of Education and Schools, has at my
request consented to act as Chief Inspector, and in the District
of Victoria—and the Magistrates will serve as Inspectors in the
other Districts. The Chief Inspector will draw up such general
rules for the management of Schools, election of local Boards,
Text Books, etc, as when approved by the Governor in Council,
will relieve the latter from the unnecessary trouble of being
applied to in matters of detail.

4. The local Boards would correspond with the Inspector, and in
any case where the Chief or District Inspector is not authorized
to determine and act under the general Rules, the matter would be
referred to the Governor in Council.

5. One of these Rules may include a "Conscience Clause," and
the necessity of any Legislative enactment as proposed by Your
Lordship would be obviated; and thus it would be in the power of
any Denominational Public School to make application for a Grant
on complying with the provisions of the Ordinance and the
Regulations made in pursuance thereof.

6. The General Rules could be so drawn as to embody all that is
valuable and applicable to our case in Mr Fo[r]ster's Act. And
although these Rules would not have the exact force of law it
would always be within the power of the Government to refuse to
make a Grant on non-compliance, supposing that they were not
repugnant to the provisions of the Ordinance.

7. I therefore submit the Ordinance just passed to the
favorable consideration of Your Lordship—not as a perfect
measure, but as another step towards the establishment of a more
satisfactory system.