No. 27

I have had under my careful consideration Mr. Seymour's Despatch
No. 75 of the 16th April last enclosing An Ordinance passed by the
Government of British Columbia No. 21 of 1869 "to establish Public
Schools throughout the Colony of British Columbia."

I have delayed replying to that Despatch until after the
introduction into the Imperial Parliament of the Bill to provide for
Public Elementary Education in England and Wales of which I now transmit
to you a Copy.

As I read the British Columbia Ordinance the intention, if not the
effect of it, is to allow (as the Imperial Bill proposes to allow) any
School, Denominational or other, to receive a grant of Public Money as a
Common School, at the discretion of the Governor in Council.

The previous Ordinance of May 1865 requiring the Common Schools to
be strictly non sectarian, is repealed, but the Governor in Council may
require the Text Books used in Schools under the new Ordinance to be non
Sectarian, and the provision enabling the Minister of any Denomination
to teach Religion to the Children of his persuasion at convenient hours
is retained. There is however no "conscience clause" exempting
Scholars, whose Parents so desire, from attending such Religious
instruction as may be given in the School. Neither is there any
specific provision for ascertaining whether the existing school of a
District gives sufficient educational accommodation such as every sect
can avail itself of, nor for withdrawing aid from any such School which
fails or ceases to comply with this requirement.

The Ordinance appears in fact to be of a Rudimentary Character,
leaving too much to be filled in by the Governor in Council, and as the
Local Board are to have the power of imposing an Educational Poll Tax
upon all Males over 20 years of Age it is the more necessary that the
principal Regulations should be expressly defined in the Ordinance; so
as to make it clear to the people of each Denomination that their
Children may be taught their own Religion, and shall not except
by consent be taught any other Religion in the School.

I therefore recommend for the consideration of your Government the
amendment of the Ordinance by the introduction of a "Conscience Clause,"
thus leaving it permissible for the School of any Denomination to be a
"Common School" provided that it conforms to the Regulations contained
in that clause; and I would also suggest the adoption of the provisions,
so far as they are applicable and (Mutatis Mutandis) of the enclosed
Bill, especially the Clauses from 82 to the end; because they furnish a
Machinery useful for many purposes not at present provided for in the
Ordinance. I need hardly however, remind you that the circumstances
under which Mr. Forster's Bill has been framed are in a great degree
peculiar to England, and that many of its details are consequently not
suited for adoption by your Council in their present form.

I make these suggestions in the belief that the Ordinance if so
amended would still be in accordance with the present balance of opinion
in the Colony.

In order, however, that you may be in possession of further
information on the subject, I also transmit to you herewith a Copy of an
able Report lately made by Mr. Keenan upon Education in Trinidad
containing well considered suggestions, some of which it is probable
that your Council may be prepared to adopt.

I approve of the proposed expenditure for Educational purposes for
which provision has been made in the Estimates for the Current year.