I see no legal objection to this Ordinance, but before it is
sanctioned it should be sent to the Treasury with a reference to
subsect 9 of sect 6.
You will be better able to judge than I am whether the Ordinance
is likely to work satisfactorily, and
I will only observe that I do not agree with the AG in thinking that
the Govr can give grants of public money to denominational schools.
I think it is plain that no grant could be made under this
Ordinance to any denominational School. It proposes to
establish a "uniform system of public Education" by means of
"Common Schools" and it appears to me that these "Common Schools"
alone can claim any grant under the provisions of this Ordinance.
There is, however, no definition of
a "Common School," and on
turning for one to the Act of
1865, which is repealed, I find
SS xiii that these schools are to be "conducted strictly upon
Non-Sectarian principles." No books being used which teach
"Denominational Dogmas."
This might admit of Grants being made either to (1)
Secular Schools properly so called, in which there is no
Religious Instruction at all—or (2) to Schools conducted on the system
of the
British & Foreign School
Society—in which the Bible is read, but no dogmas taught.
From SS xii, however, in which Religious Instruction seems to
be left entirely to the Clergy, I infer that the Common School is
to be a Secular School "in [actcating] the Highest Morality"
(SS xiii Act of 1865).
As the consent of a large proportion (2/3) of the Resident
Householders is required before a new School District can be
formed—and as there are some denominational Schools, with tolerably
large incomes the [prass]
of which may prevent the necessity of
setting up new Common Schools—I presume that this Ordinance
may be sanctioned. From the Attorney Generals report, I gather
that, it is a compromise—but the Blue Book for
1867 gives no
means of assuming anything as to the relative numbers of the
different denominations, who
wd be
likely to decline to take part in a "Common School" system.
The outlay on education in 1867 was $5,064.
The population is (?) about 10,000 exclusive of Indians.
I presume that the Governor must have had some estimates of the
probable Cost of the system submitted to him, which he ought to
have forwarded.