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Tous les autres exempiaires originaux sont fiimte en commen^ant par la premlAre page qui comporte une empreinte d'Impresslon ou d'illustration et en termlnant par la dernidre page qui comporte une telle empreinte. Un dee symboles suivants apparaTtra sur la dernlAre image de cheque microfiche, selon ie cas: ie syrnbole <^-^ signif Ie "A SUIVRE", ie symbols V signifie "FIN". Les cartes, planches, tableaux, etc., peuvent Atre flimfo A dee taux de reduction diff6rents. Lorsque ie document est trop grand pour Atre reproduit en un seul ciichA, ii est f ilm« A partir de I'angle sup«rieur gauche, de gauche k droits, et de haut en bas, en prenant Ie nombre d'Images nisessaire. Les diagrammes suivants lllustrent la mAthode. 1 2 3 1 6 ■ \ /#■■ JESUITS' ESfATES ACT. Published for Public Information by the Committee of Citizens appointed by the Queen's Hall Mass Meeting of April 25th. A DOCUMENT WHICH EVERY PROTESTANT IN CANADA SHOULD READ. PRICE, FIVE CENTS PER COPY. Apply t.. the "WITNESS" OFFICE, 321 & 323 St. James Street, Montreal; cr to W. DRYSDALE & CO., 232 St. James Street, Montreal. 41 r ^ i OjI •^ \. irrr-| / O J MONTREAL: " Witness " Pkixting House, ,321 and 323 St. James Stkeet. 1889. 'm CANAt)iANA Chancellor COLLeCTlON Richardson ril iCCvi'i? Fund UMVGnsrrp AT klNQSTON lORNE PIERCE ONTARIO CANADA All Act respecting the Settlement of the Jesuits' Estates. V •J --4 [Assented to 12t/i July, 1888]. WHEREAS at the opening of this session of the Legis- lature, it pleased His Honor the Lieutenant-Gover- nor, m his gracious speech from the Throne, to o-iye expression to the following words : "I am happy to inform you that the question of the Jesuits Estates, which has been so long pendino- between the religious and civil authorities, and which has caused so much uneasiness in this country, will soon be decided favorably and to the satisfaction of all who are inter- ested, and that my Government hopes, during this ses- sion, to submit a settlement in this connection for vour approval. ^ " The obstacles which prevented the sale of the site of the old college of the Jesuits in this citv have been re- inoved ; the principle of restitution in kind has been abandoned by the interested parties, and all that remains to be done is to determine the amount of the compensa- tion to be granted. " On the occasion of the settlement of this delicate question certain Protestant educational institutions will receive a fair allowance, proportionate to the numerical importance of the minority in this Province." Whereas the said estates were confiscated bv the Impe- rial authorities under the reign of George III, after the suppression of the order of the Jesuits, and were after- wards transferred to the authorities of the former Province of Canada ; Whereas a large portion of the said Estates was, at the time of, and since Confederation, ceded to this Province • Whereas energetic representations have been made to the civil authorites respecting these estates, by the reli- gious authorities and the citizens of this country and especially by His Lordship Jean Francois Hubert, Bishop ol Quebec, on the 10th November, 1799 ; by the citizens of Quebec, on the 4th February, 1798; by their Lordships the liishops Joseph. Bishop of Quebec ; Pierre Flavien iurgeon, Bishop of Sidyme, Coadjutor of Quebec, and Jean Jacques Lartigue, Bishop of Telmessa, suif'raoan of the Bishopric of Quebec, and Grand Vicar of the district of Montreal on or about the year 1835 ; by their Lord- ships the Bishops Joseph, Archbishop of Quebec, Pierre rO 3-piS) 4 Flavien Turgoon, Bishop of Sidyme, Coadjutor of (Quebec Pius, Bishop of Kingston, Patrick, Bishop of Carrha, Coadjtitor of Kingston, Ignac.c, Bishop of Moutroal, T. Charh's, Bishop elect of Martyropolis, Coadjutor of Mon- treal, Michael, Bishop of Toronto, in January, 1845 ; by the clergy of the dioceses of Quebec and Montreal, in June, 1847 ; by the Reverend Fatlier Theophile Charaux Superior General of the mission of the Jesuits in Canada, in January, 1874; by their Lordships the Bishops E. A., Archbishop of Quebec, L. F., Bishop of Three Rivers, Jean, Bishop of Kimouski, Edouard Charles, Bishop of Montreal, Antoine, Bishop of Sherbrooke, J. Thomas, Bishop of Ottawa, L. Z., Bishop of St. Hyacinthe, J)orai- nique, Bishop of Chicoutimi, on the 9th of October, 1878; and hnally by His Grace the Archbishop of Quebec, on the 2nd of January, 8th of April and 27th of April, 1885; Whereas, in his letter of the 2nd of January, 1885, addressed to the Honorable John J. lioss, then Premier of this Province, His Grace the Archbishop of Quebec stated ; " I have the honor to inform you that, in virtue of an Indult of the 13th of October, 18X4, I am personally au- thorized by the Holy See to treat v\'ith the Government of the Province of Quebec, and for a reasonable compen- sation, to settle the question of the ownership of the pro- perty formerly owned in this Province by the Jesuits when their order was suppressed in 1773." ' AYliereas, in answer to one of these representations of His Grace the Archbishop of Quebec, dated on the bth April, IHtio, the Honorable John J. Ross;, then Premier, replied as follows, on the -^bih of April of the same year. " If His Honor the Lieutenant GoA^ernor in Council decides to reopen and reconsider this question of the Jesuits' Estates, I will not fail to notify Your Grace and the Reverend Jesuit Fathers, so that, with your assist- ance and theirs, he may, if expedient, be able to submit to the Legislature a measure which will settle this ques- tion in a satisfactory and definite manner." Whereas, consequent upon these various representations and specially that of the 9th of October, 1878, signed by the Bishops of the Province, protesting against the Gov- ernment putting up for sale the property of the old Jesuits' College at Quebec, such sale did not "take place, and the property was allowed to fall into a wretched condition. Whereas, on the 17th ol February, 1888, the Honorable Honore Mercier, Premier of this Province wrote the fol- lowing letter : To "Romo, 17th Februarv, 1888. " His Emiiionce " Cardinal Giovanni Simeoni, " Prefect of tlie Sacred Collej^e of the Propaganda. " May it please Your Eminence. "A despatch from Your Eminence, dated on the 7th May- last, 1887, in lormed His Eminence CardinalTaschereaxi that the Holy Father reserved to himself the riulit of settling the question ol the Jesuits' Estates in Canada. " Among the property so called Jesuits' Estates, there is the property of the old college of the lathers situate opposite the Basilica, in the very centre of the capital of the Province of Quebec. " My predecessors in the Grovernment deemed it their duty, in 1n76, I believe, to order the demolition of the college and the division of the property into building lots, in view of an immediate sale, which however aid not take place, owing to certain representations from exalted personages at the time. " To avoid further difhculties, as I siipp,ose, my prede- cessors let the matter lie and allowed the propel tv to be so neglected that it has become a grazing ground and a receptacle for filth, so much so that it is openly said in Quebec that the matter has become a pul)lic scandal. "Under these circumstances, I deem it my duty to ask Your Eminence if you see any serious objection to the Govern- ment's selling the property, peiuling a final settlement of the question of the Jesuits' Estates. " The Government would look upon the proceeds of the sale as a special deposit to be disposed of hereafter, in accordance with the agreements to be enteredinto between the parties interested with th(> sanction of the Holy f^ee. " As it w411 perhaps be necessary upon this matter to consult the Legislature of our Province, which is to be convened very shortly, I respectfully solicit an imme- diate reply. " YoiXY Eminence will be pleased to accept the filial con- sideration witli which I have the honor to subscribe mv- self. " Your Eminence's devoted servant, (Signed) Honork Mercier, Premier of the Province of Quebec. 6 To which letter the following- reply was sent : (Translation.) "Rome, 1st March, 1888. " Illustrious Sir, "I hasten to notii'y you that, having laid your request before the Holy Father at the audience yesterday, His Holiness was pleased to grant permission to sell the property which belonged to the Jesuit Fathers before they were feuppr«'ssed, upon the express condition, however, that the sum to be received be deposited and left at the free disposal of the Holy See. " In mailing- this communication to you I wish you all g-ood in the name of the Lord. "Your Lordship's very affectionate, " vSig-ned) G-iovanni Cardinal Simeoni, " Prefect, \c." "Whereas, on the 21st March, 1 888, the following- telegram was sent from Quebec to His Eminence Cardinal Simeoni at Home : " In the matter of the Jesuits' Estates, the Government respectfully objects to the condition imposed in the letter of Your Eminence of the first of March instant, and cannot expect to succeed in the settlement of this delicate ques- tion unless permission is given to sell the property upon the conditions and m accordance with the exact terms of my letter of the seventeenth of February last. " I respectfully solicit an immediate favorable answer in the interests of the final settlement of the question. " (Signed) HoNORii Mercier, " Premier." Whereas, on the 24th of March, 1888, the following answer was sent from Eome by His Eminence Cardinal Simeoni : " The Pope allows the Government to retain the pro- ceeds of the sale of the Jesuit estates as a special deposit to be disposed of hereafter with the (sanction of the Holy See;" Whereas, consequout upon these negotiations the fol- lowing correspondence was exchanged between the Premit^r and the Very Reverend Father Turgeon, rector of St. Mary's College, Montreal, and agent for the Holy See : " St. Mary's College, 25th April, 1888. " Honorable HoNuiifi Meucier. Sir, •' Premier of the Province of Quebec. " I have the honor to forward you a copy of the official letter, dated Rome, the 27th March, 1888, by which the Sacred College authorizes the Jesuit Fathers to treat with the G-overnment, in the matter of the "Jesuits' Estates." " I have also the honor to inform you that, at a meeting of the corporation of the " Society of Jesus," on the 2nd April, 1S88, 1 was appointed general and special attorney for that purpose. " Further, that, on the 9th of April last, the Reverend Father Superior of the Mission in C ;nada gave me his power of attorney by deed made and passed in the city of Montreal, district of Montreal, in the office of Mtre. L. 0. Hetu, Notary Public, with full power to treat with the Government upon the conditions expressed in the letter of the Sacred College. " I have the honor to be, " Sir, " Your very obedient servant, " (Signed) A. D. Turqeon, S. J., " Procurat jr of the Jesuits at Montreal." " Rome, 27th March, 1888 " Very Reverend Father, " I have pleasure in notifying you that the question re- specting the revendication of the property of the Jesuit Fathers in Lower Canada, having been referred to a spe- cial commission of Cardinals on the 20th of March instant, the following proposition was submitted for solution : " Should authority be given to anyone to claim from the Government of the Province of Quebec the property which belonged to the Jesuit Fathers before the suppression of the Society, and to whom and how should it be given." •'Their Eminoncos tho CurdinalH ropliod ns follows : •' AlHimativt'ly in favor ol" tin' Fatlicrs ol' the 8ociety oi" Jesus and in accordance with the method prescribed in other placfs, tliat is to say, that the Fathers ol"the 8ociety of Jesus treat in their own name with the civil uovern- ment, in such ,i manner however as to leave lull liberty to the Holy see ti> dispose of the propeity as it deems advi- sable, and consequently that they should be very c ireful that no condition or clause should be inserted in' the offi- cial deed of the concession of such property, which could in any manner affect the liberty of the Holy See. " Further whatever be the sum which the Jesuit Fa- thers receive from the jyovernment that they should be obliged to deposit it in a place of safety to be determined by the Sacred College.' "The foregoing resolution was r'>ferred to the Holy Fath Nue parti. Quindi e cho la P. V. <• auto- rizzata a revendicare i beni stessi con lo coiidizioni «?ia esposte. " In qiipsta intelli^onza prego il Signore, che La con- servi, o La pro.speri. "DiV. P. Affmo Giovanni Card. Simeoni Prefetto. " Revmo " P"^^ Procuratore dei .Tesuiti di "Montreal. D. Arciv. di Ti'R Segret. " This is the original letter mentioned in a cerain deed of deposit made by me this day before Cy. Tessier, notary, at Quebec, which letter I certify to be true. "Quebec, 5th May, 1888. (Signed) A. D. Turgeon, S. J., " In presence of (Signed) Cy. Tessier, N. P. A true copy, (Signed) Cy. Tessier, N. P. "I, Henii Tetu, Priest, Private Chamberlain of His Holiness Leo XIII, Jhaplain of the Archbishop's Palace, Quebec, residing in the city of Quebec, solemnly declare that the signatures, " Giovanni Card. Simeoni, Prefetto " and " D. Archiv. di Tyr Segret," at the foot of the letter— or indult— in the Italian and Latin languages, addressed to the Keverend Father Procurator of the Jesuits of V:>^\- treal, dated at Rome on the twenty-seventh M„(>!i ]ast (1888) and bearing the number 1590 are severally the signatures of Cardinal Simeo}ii, Prefect, and of His Lord- ship the Archbishop of Tyre, Secretary of the Collece of the JVopaganda. " AT)'^ J make this solemn declaration, conscientiously beiiff- :■?."■ .lie ?. me to be true and by virtue of the act pass t'<' iu tfc.> thirty-seventh year of Her Majesty's reicn. ini.iii..>f.j. : "An Act for the suppression of voluntary and extra-jndiciai oaths," (Signed), H. Tetu, Priest, C. S. / A. D. TURUEON, S.J. Cy. Tessier, N.P. 28 •' Declared betV^re me, notary, at Quebec, this fifth cUv of May, 1888." ./ (Signed), Cy. Testier, N. P. " This is one of the solemn declanitious of which men- tion is made in a certain deed of deposit made by me this day, before Cv. Tessier. notary at Quebec, to the original of which deed it has reraoined annexed. "Quebec, 3rd May, 1888. (Signed), " In presence of (Signed), A true copy," (Signed), Cy. Tessier.N. P. " I, Cyriile Alfred Marois, priest. Private Chamberlain of His Holiness Leo XIII, Secretary of the Archdiocese of Quebec, residing in the city of Quebec, solemnly declare that the signatures : " Giovanni Card. Siraeoni, Profetto," and " D. Archiv. di Tyr Segret," at the foot of the letter or indult in the Italian and Latin languages addressed to the reverend Father Procurator of the Jesuits of Mon- treal, dated at Rome, the twenty-seventh March last (l>s88), and bearing the number 1590, are, severally, the signatures of Cardinal Siraeoni, Prefect and of His Lord- ship the Archbishop of Tyre, Secretary of the College of the Propaganda. " And I make this solemn declaration conscientiously believing the same to be true and by virtue of the Act passed in the thirty-seventh year of Her MajeKty's reign, intituled " An Act for the suppression of voluntary aiid extra-judicial oaths." (Signed) C. A Marois, Priest, C. S, " Declared before me. Notary, at Quebec, this fifth of May, 1888.'-' (Signed) Cy. Tessier, N. P. " This is on'^ of the solemn declarations mentioned in a certain deed o. deposit made by me, this day, before Cy. Tessier, Notary, at Quebec, to the original of which deed it has remained annexed. " Quebec, 5th May, 1888." (Signed,) A. D. '* In presence of (Signed) Cy. A true copy, (Signed) Cy TURGEON, S. J. Tessier, N. P. Tessier, N. P. 24 Whereas it is expedient to put an end to the uneasiness which exists in this Province in connection with the question of the Jesuits' Estates, by settling it in a definite manner ; Therefore, Her Majesty, by and with advice and consent of the Legislature of Quebec, enacts as follows : 1 The aforosaid arrangement, entered into between the Premier and the very Reverend Father Turgeon is hereby ratified, and the Lieutenant-Governor m Council is authorized to carry it out according to its torm and 2. The Lieutentant-Governor in Council is authorized to pay, out of anv public money at his disposal, the sum of four hundred 'thousand dollars, in the manner and un- der the conditions mentioned in the documents above cited, and to make any deed that he may deem necessary for the full and entire execution of such agreement. 3. The ieu tenant-Governor in Council is authorized to transfer to the Society of Jesus, a society ii'.corporated under the act of this Province, 50 Victoria, chapter 28, all the rights of this Province in and to T.aprairie Common. 4. On such settlement being effected the Lieutenant- Governor in Council may pay, out of any public money at his disposal, a sum of sixty-thousand dollars to the diifer- ent Protestant and dissentient universities and education- al institutions, according to the distribution which shall be previously made by the Protestant Committee of the Council of Public Inshuction. , • , 5. The Lieutenant-Governor in Council is authorized to enforce wherever necessarv all claims that may become due to the Government of 'the Province owing to the execution ot the aforesaid agreements. 6. The Lieutenant-Governor in Council n hereby au- thorized to dispose in the manner he deems most advan- tageous to the Province, of the whole of the property, moveable and immoveable, interests and rights, generally whatsoever of the Province upon the said property known as the Jesuits' Estates. . 7. The act of the Legislature 48 Victoria, chapter 10, notwithstanding section 5 of the said act, and notwith- standing any other act to the contrary, shall apply to the said estates, the proceeds whereof may be applied aiso :>ot- withstanding any act to the contrary, for the above men- tioned purposes, or for any other purposes approA-ed by the Legislature. JO THE READER. r . thnt Clause No. ^ on this page Please notice tliat Liaiu^t should read as follows .•— u • off.otod the LieiUenant- 4 On such settlement ^^"^"^ f.^^' public money at Govevnor in Council J^'^Y P^7/,"^i7ollars to the Fro- S disposal, a s^ oi s..gr housan^ ^^^^^^^^^,^^,, ,, t^^^^-:-X^ .all he annually this Provnice.