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Las diagrammas suivants illustrant la mAthoda. 1 2 3 32 X 1 2 3 4 5 6 SI Au Tht above and a] G-over The exercif Act), A but ov. of Que Acts o operati The Coraiui express This rt The by the before His course, withiu Thesi British subject; leg-islat " I, 1 anythir except i MEMORANDUM Oy TUB STATUTIi] OF QUEBEC, (Cap. 13, of 1888,) ENTITLED Au Art respecting the Settlement of the Je suits' Estates. Act), would not have expired unilfV«^^^^^^^ but on tho 19th o(jLxvivT%m }!^T^^^^^^ ^^^''^> The contention referred to wi« r,i,f K^r xi Commons of Canada, in the S ^s on of 18hT,-/^' ^Tt ^^ before the Judicial Committee oTthe l' i*; CoTn^.n" ""'"^ His Eic'lleucy has jiot been advk«[ *„ „T . ^ coum-, because 'his «oven,ment nia,^ the A^' '? ,* w.th.u the powers of the i.egi»la:ur?:hich'pai'erit.''"'^ Br?tisi"No7th Ameril'l^Tlfse';^ l^e 92„d soetiou of the loAg^coXp^"1;frh"?f^^^^^^^^^ anyt'hiJs'rS tr:/E '^ttS' oT^ 'i?'^"''"^ except as regards the office of Stena:? oLerao?"""^'- " 2 Direct taxation within the Province, in order to the raising of a revenue for provincial purposes " " 3. The borrowinj^ of money on the sole credit of the Province." " 6. The management and sale of public lands belong- ing to the Province and of the timber and wood thereon," "11. The incorporation of companies with provincial objects." " 13. Property and civil rights in the Province." " 16. (jreuerally, all matters of a merely local or private nature in the Province." The 93rd section of the B. N. A. Act, also gives exclusive powers to the Legislatures of the Provinces to make laws in relation to education. The grounds on which the Statute in question is claimed, by persons who have asked for its disallowance, or who have urged that its validity should be passed on by the Judicial Committee of the Privy Council, to be nllra vires of the Quebec Legislature are the following : 1st Because it endows from the public funds of the Province a religious organij^ation. This is said to be incon- sistent with the separation of Church and State, and to re- sult in inequality as between religious denominations. 2nd. Because it is said to recognize a right in the Pope to claim that his consent was necessary to empower the Provincial Legislature to dispose of a part of the public domain. This is said to be even subversive of Her Majesty's Supremacy. 3rd. The Act diverts, it is said, the "estates" to which it refers from the educational purposes to which by law they had been devoted. 4th. The assent of Ontario is said to have been necessary to the disposition made by this Statute of the " estates " in question. A brief narrative of the facts relating to the Jesuits' Estates in Quebec may serve to elucidate the subject. While the country was under the dominion of France the members of the Society of Jesus were the most active missionaries among the savages and were the principal teachers and ministers of religion, both among the settlers and aborigines. The sacrifices which they underwent, in every part of the country, in their contact with the Indians, involving not only extreme privations and great hardships, but in many 901189 s in full 01 ■ ,vm..nt r.e Vu ■ "\^/'^"'e and the Jesuits wore qui"" of'carrL nw"' """^■'' "' ""= '"- of 'he con- In rofereuce to the values of these estates F-.fhor T„ *he,.e™i.« Estate. arH-o'^nh' It' it'ssS ^'S '" ^"'' "'"' CAPlTULATIOxV OF QUEBEC, ISlH SEPTEMBER, 1759. " Art. II. That the inhabitants shall be nreservpH ,'« +i,« Canada shall be dedd«l 1>,, . !l' ""';'""' possesBion of Christian and Brittit' fcw'' i r.-^i'llfe?" exerctse of the Koman religiin is grantd'Tliirewli'eMl' mmmm CAPITULATIOX OF MOXTREU. AXD OK THE WHOLE PROVINCE 8th 8EPTEMUEH, HCtJ. ' Sing" ;l,..ir:?. """■» •" ">■• p"-'» w-l'r.l^i.Jat.li'.: them." ^««^«/— Granted. ° ^ ^^''^^ '^''^'^® 'Art. XXXIir. The preoodiuo- arfiMo qVioII i;u • i <^xecuted with reo-ird in ih . r. '^"'S''; '^^^^ likewise be Bo.oiiots, a„s "o'The lout'omT;!';';™; /r,"' '•"^ Montreal. This ]a«t nurl +].,. ^ -i . ,, *' ^^^'P^^'^ a* exemptions." Ansrver-Gra^ted "^'^'' ^^"^^'^ "^^^ ment. They .nay take UtlJ^T sZ VZnoTZ Arti.l^XVVni V\. V ^' ''V'^ ^''''* kt.d ior oxowi.tions and other xlir;f";;:^";;ii.ti:; x^xiii'd;:;/'^'^ ''^^ ^^^''^ ihv communities and priests ' ' "''''^' tlu- ;>/.;.. r/^ of as to the exercise of rili^n-Ln _ ^^JJowing stipulation He^l? ti±;r^o^'""!?^^^^"^^^^^t-'tsorCana!£: effectual orde stint iVn^'p'^^ 'T'^' P^'"''^'^ '»»'i "^O'^t profess the worship <^^-n^^^^^^^^ ^^f- " ^^^^''^'•' ''^^^'»>"'<« "^^7 of the Kom^h3rci tVl^Z r'^'^r/^ '^ ^^" ^'*^^ permit. His Erit mni, \T I ^\''''^ ^^ ^^'''"^ ^^'-itain French iuhinti^ r^^h^s^ wK, i^l^^tT' ''T '!"''' ^J^^ Most Christian Kino: „ rl^f ^^^^'' ^^^^ been subjects to the and freedom whe^" thevlhair^T "'f "'^ '''''^' ''^^ ^'^'^'y sell their estates pmided il h^fn .1""'' v^-'^P'""' ^"^^ "^'^^ tannic Majesty '' ^'''"''^''^ '* ^^^ ^o the subjects of His Bri- laf wouidi" ;;:;i;^i^?i^x;;^' ^^ "^^^•^ ^^ ^-- - -^^ by some authorities in the\wln"'of Q\'^.'^rh.;t Jf'he ■tsriei 01 suppression wis miKii i i • v. v tn.it it the required tolfe iu orde io i^Ttvlst^'lt '"^^''V siastical law) and nf fK,-. !. ui- ^^^ "'f^t there in eccle- eflfect, if anV would be fn ^F^'l'Yu^'^'' *^"^« ^« ^^^^t, its in thi Ord^n;r7of each of ;t m ^'^P'^'^' V^' '^^^^i^^ i. oi eacii 01 the Dioceses lu which it was f^::fnC.^:t''''' ^^-^^^^^ ^^« «-^ ^^^ no effect, in JoVj;^£^ JrrC^^^^^^ ;^^J^-.o ir, chap. 8, perty was doc-lared to^bo vested ,i^Thor^' "°^^ ^" P^^' pnrposesas might th.roaft. be oppontc^ Tr?l ^''' '"'"^ bers of the 8oci,.ty were allow. 1 L*- • *''*''^ "'•'n^- mont of those estair imti Z -? ^■ontimie m the enjoy. Which oceurre'l 1800 ^onu'"T" ?! ^K^'"'^ ^"^^'''«r. were taken posse on o „uder a lli Ir * :'•'v!^" r^"P"'-^i^« byri-ht of ,-o„nu(>st thev h u i ^ '''^"•'^ declared that, 'Subscqn^Mitlv t V I'v r?f ^''*"7« vested in the Crown ^^oviLi^^'a::Zi^:^^ to the declaring that the proceeds shonhl i? ''''^''" ^'""'^^^ poses exclusively. T^e Wim? /' ' '^'^'^'"^ ^V'''^ ^'''" power to make sale o h sc: .V ;;':;" "n"' ^'^^ "'"1^>« la).ds, and the revenue de ivab/e Vom th ^/^er public proceeds of such sales of thnm ? i_ *''^''*'''' ""^ the time to time JlaVbee^lHcH^' ^^'«>'^^'» ^"^de from otl^r purposes th.m ' 11^ ^ o' Su'wi^l^ but ' t° ""'T« stated Generally that the Leo-isl-vtu" } ' '' "'"^ '^'^ pnated for education a fa ar'^er mn than Thl^ ^"*'' 'T'''' ceeds of the estates the annual pro- w^^hr;;;:^;^^^;;:;'^^^ t^^^^^ ^^ ^^^ years past, the x^lieMhat thV - l •^""^''' ^^^"^'''"X which had been gvU^^^^^ re%iousedu,.xtion.^toparposelofThrSH '''^^'"" '^"^^ ^^ which called for some rZRT i '^*'^^*^' ^^'^« ^ matter The Soc etv of jT ^^ ^''"^ compensation. of Quebec in 1871 and in ho Jk i "TP^-'^tion in the city Chapter ^8 of fhT%l\. ^'h''^''. Trovince in 1887, by 1852^ by Chapter 57 fts^nll'^ '^'' r^"'- ^''^^^^^ ^^ incorporated and in 1868 if' f^' /" ^f«»treal had been Sault^ au iLo ec? ^j^'f ' ^^f ^^^^^^tional establishment at 68 of that year ^'''' incorporated by Chapter in^^W^J^^rje:^^^^ *^ ^^ agitated which should be oiven or ', J'?^S^^ ""* '-^n 7 compensation other educational establishments whiy had, as a ma -r of l^! t whrh"t^.""? ""r^ "^ *^" T'^ of religion uulodu a?;; whi( h the Jesuits were no longer abliT to continue Af loZZ^'T' V^^'l"^' ^r^''^'^ Gov..r„me 1 e Won^ forward n H? ^''^'^^ '^^-' ^-tates, this .laim was ul lorvNard, in th.. shap.. ot protests and remonstran.es a-ainst the property being disposed of, and the l'n,vin<. a tio vern Se d":;?; "^ n"r^ 'T'''^'^ ^^^"•"'^>^ deterred fn.m Ihe .^o- Jtcua sale. Liuler these circumstanees the Art of 'HXX m ou.vtions which the I'lrst Minister of the Proviii.e h-.rl K^^:nC:n r1,r""/"'^"^\ ^^''^ ^he auHiol-i^ ^of ti e Jc'suits a d Kr f "' '• '"^ .•^■^'•'^ '^" ^-"^--"tative of the mentu'hM 1 ^^^" P"n?<)so ot giving effect to the agree- ment which these negotiations hud reached. First—ks to the first objection-thut the Quehec^ St-iint« under review endows from the public funds o ft le Pnw "c,! a religious organization, and crcat.-s in..quality hetw en r.^ AfuTnnf"/;"""^'^""^' '^' ""^^'^^'^ -ntentioVs hat tho i e fe t Th" '""' "''''' '^- '^'''' ^v^''-*^ -<^orreet state men of t\ A f 11 'ir P^«^'i«io'i i'l the British North Amcr ica Act compelling the separation of Church and State aujjt hardly seems open to doubt that under more than onp' nfthl enumerated powers of a Provincial Log kture t wou 1 fc within the competen,.e of such , .. -gislature ^omake e lu t A "1 V"".T'''"' ''''^ '^' -P ration of Chun-h 'and Sta" A glance at the enumeration will probably be sufhc ent 7n make that view clear. There is no restricfion a" linsfc tbp endowment of reliffion or -in-oin^f tho ,7., i ^«f"^t the rtf^.i- • 1 v. ^.' '^ '^o'^"^^'' t'l'^ unequal endowmcnl- of religious bodies, in the constitution of \uiv of SeT'ro vinces, and, if there were, it must be observed tlateach Province has power to amend its constitution wth^iJh. eTtHctfo 1?'' r ^"^ -^^^^^^ 'r''^'^ ^"^' ^^ ha.s\';"such restr ction Again, it is evident that the endowment of a TuaHtTb tw '"""1*^"'^ ^"f ^°* necessarily estalS ine- quality between religious denominations. The endowment may be necessary to redress an existing inequal tv or Tf t caiTses inequa ity, that inequality may be SSed it « subject to review from time to time and, even ?houo-h t might be said to be impolitic and unjust to'o he denomta 8 in i!ii iiit'cjuiility, iVir the time 1 )»inv iiiiLiht 1m' Miid to r.-sult it would h,. iinposNihl,. to test th.' vnliditv ol' the A t by iHj'nlf?"'m'''"'V;'^:^'^'''"T''^=''''''l"'''"''''-^"»''lual,dii- tnhulloM ol Ih.- l.llbllr luilds to I... UUH\r i.S L.t ^y.ru VrVvruniS bodK's 1 his would be to a In.-v rxtrnt n luathT of oj,ini,.n. • J ^vould drprnd pMvtlyon popuhition, pnrtly on .'xtcnt ot" oth.-rmdownirnts, partly on 111.' fju.-sti. . II ofnr.vssitv i.,ntlv on th.' ..xi...nditun. whirl, thr d,.i,(,niinati(>n ..ndow.^d mi-ht r..' .alh-c on to nu.k.. in mrryino- on its work, partly on tho «'xt..nt ol territory cov.-n'd bv th..op..ra(i..iisof thr .•ndowod cU'nonunatK.n, and on various otlu'r conditions whi.-h it would h<. nnposHibh' to moasuiv in considorin? the validity o th«j Art. it s,M>uis obvious that this would bcnoNlandard olvahdilvand that the dis.rrtion and sms.- of iusti.v of the Lgis atur... (.lnt..d by thopc-opl.- ofth,. TroviuMs n.ust r)o tntstrd to ouard ao-ai..st an unfair uso of tho Ico-islativo lio\y('rs in this rojiiird. Tho power to change the constitution of the Province the ])ower to raise a revenue and to borrow, (implvin<.- as it uc-essanly ooes, the power to ,-xpend the money ^o raised), the power to dea with civil rights, and tocontrol all matters 1 '"i "".'r^^' ^""'"''^ ''''*"''^ ^^'^^^"^ ^^"^ Province, seem to in- clude the power to endow a .hurch or religious body leaving out ot consideration the propriety of such a measure, with which the present memoiandum do.'s not profess to deal ;- and with regard to this particular measure, the power to dispose of the public lauds, (of which the Jesuits Lstates were a part), seems necessarily to include the power to appropriate the proceeds as the Legislature might see ht. ° .J^^'r 'tf T,"* ^"^Po^'«i^l« to regard this Act as affecting, in the slightest degree, the separation of Church and State, or as the endowment of a religious denomination. It professes to restore to a certain society a portion of the property, not m kind, but in money, of which that Society was, in years gone by, deprived, without compensation, and it professes to give a compensation therefor in the money of that Pro- vince which had become possessed of the forfeited property and was prohting by it. It seems not to enter into a cou- sideratioii of the validity of the Act that that Society was lormed of persons of the same religious belief, or that the Object ol the b'ociety w^as to spread the tenets of it« m'-m- bers. To admit such a proposition would be to establish the very principle which those who raise this objection contend against, because it would affirm the idea that one re- ciulowiiii'iit iiH'(jii:ility, thf Art by n« (jual, dJK- • 'II I'cliyious r nlOjiiiiioii,* )n t'xtciit of jssity, p.iilly [)\vcd inii,dit artly on the u' t'lulowc'd IS which it the validity 110 Ntaiidiird )!' justice of viiirc, niutst ! Icgifshitivo p rroviiicc, ilyiiiii-, as it ' f>o raitsod), all matters ecciri to in- fious })ody, of sur'h a 11 docs not ar measure, which the to includ«- Legislature fFecting, in id State, or tt professes operty, not IS, in years it professes : that Pro- d property, into a con- iociety was •r that the f its mem- o establish i objection ;hat one re- 9 ligious beliei--the belief of the members of the Society in Zhiilu ? ^"''"'^' **''''''^'" ''^mp.'nsution for a daini cb rei ;;/i''^'''^'''';V" 'V l'-^-'»-- •>>- a unanin'o, s t • I'Uaicd to be worthy of compensation. This ^^nuld eer ion 'S tl/'"''"''*^ ''^ '"^^^'""" -ii-i- denl;,: > ki In W, l';:^"''J'J" ^vy.re a.lopted that no society on d l,e paid {.nblie money if its n.e.nhers possessed anv pc!^ PS ';: HbH 'ir'"""n "' •'^T*^- ^'''^'^ j^-'-i''" --^ ^ n-dions^.v^ 1 •'■'^"';'''^ '' '*"'^^^'""" '-"li^ions denom^ lyc Irn^ t'lr^^^ V""" "'■ ^'"'"^ "i"»>''rshadnoreli..ion- to the ur.-at advantnge of the latter. Even if the on ,f of wn 'ur; f ,r^'" "^ '"' ''T^'^'T" °'" - o^ii-tio;;:^Lu[ oitn made lor the purposes of endowment it would have had no relation to the (juestion of Chunh and S a el Sh C:;n "" ".V""^^ "F"^^ ^''='^ theendown.M;t o May. .Serow./— It has been ol.j.-ct..d that the Act recoo-ni/es a right m tJie Pope to claim'that his .-onsent was ne"!'; rv o empower the Provincial Legislature to dispo... o par o^f xier Majesty s Supremacy. ^ • vh^l^Z^lnl^'^t'? a mis.«tatement of what has taken pla< e and as to the efh'ct ol the references in the preamble fwn «of r 1 • ^' ^^'^^ P''^"''"t ^^"•■^*"^^' <'ontains, there were wo sets of claimants to the Jesuits' Estates, or rath 'r two cooWe i"'?""*' ^r''^'' '^' ^^'^-'^I'^ture wLs ph-ased to re' Sis Ther'"''"^ u" ^'««^r-"«^tion in regard to those estates . the Jesuits on the one hand, and the Hierarchv oP om. r v\ hile the h'oal title to the property without -inv thT'A:;rhi"r'""^^"^^r\"i ^^' I'ovJnerinSwS ri4t o S: sa^rj^''' w ^ \'^''''. and undoubted CO?; k^i^ ^^ "^ *^*^' estates, this c aim for comnen- ot protest, remonstrance and petition by both theclaimau s clfslonth.^?^'^''""."^ *\' ^'r^"^^*^' arrived at Ih^ con: ex ZSimer^^^^ '^"" ^ ^^ P"^^' ^^ settlement or precaution that all the persons who participated in the 10 claim, or who had set it up, should withdraw their claim and accept the settlement, before the compensation should be paid over, or when it should be paid over, and it was plainly necessary, even before negotiations for such a settle- ment could be carried on, that some one with authoritv competent to represent both sets of claimants, should be treated with ; otherwise two sets of negotiations would be necessary and a conclusion would be almost impossible. Ihe authority who, naturally, by His position, and bv the choice and consent of Church to which both sets ot claimants belonged. He had authoritv, l)v consent of hoth, to conduct the neo-otiutions for both, and to cause both to be satisiied w.ih anv settlement which mi (Jovernmeut <.f the Province on this subject. On the 2nd January, 1885, as appears bv one of the pre- ambles oi the Act, the Ar.hbishop wrote a letter to the Iremierolthe Troviiuv. informing him of his authority, and on the 2.)th April of the same year, the Pn-mier informed His Urace, that, li the Provincial Government consented to reopen and reconsider this question, he would consult His Urace and the Jesuit Fathers, so that he might, if expedi- ent, ' be able to submit to the Legislature a measure which " would "settle this question in a definite and satisfactory manner. fhe Government of Quebec did not seem satis- lied that the authority which the Archbishop possessed included the authority to conduct the claims-set up by the Jesuits themselves, because the reply of the Premier inti- mated that it would be necessary to consult and treat with the Jesuits as well as with His Grace. On th(^ 7th May, 188V, Cardinal Simeoni, Prefect of the feacrc'd College of the Propaganda, informed the Archbishop ol Quebec (then Cardinal Taschereau), that the authority conferred on him had been withdrawn. This was done by intimating to the latter that the "Holy Father reserved to himself the right of settling the question of the Jesuits' Estates in Canada. " The most critical view which can be taken ot the language quoted can hardly construe it as evidence of an intention, on the part of the authorities at Kome, to interfen^ with the rights or property of the Pro- vince. The rights of the Province in these lands, as before 7 their claim 3atiou should T, and it was such a settle- th authority, If^, should be )us would be npossible. n, and by the aant.s, could icm, was the ich both sets y coiisinit of ind to cause th miirht be rchbishop of Holy See in ince ou this of the pre- letter to the is autiiority, ier informed consented to consult His t, if ex pedi- cure which " satisfactory ; seem satis- p possessed t lip by the remier inti- 1 treat, with efect of the Archbishop e authority vas done by reserved to the Jesuits' hich can be istrue it as ithorities at of the Pro- Is, as before U stated, were so plainly established by Statutes of the Pro- ^pnf' f^ 7fu ^' \^^^. concessions of the Imperial (lovern- Hnlv^M'^^V ^hich Cardnial Siraeoni declared that the Holy Father "reserved to himself " was not the ri-ht to control, in any way whatever, the property, but to conduct and conclude the demands of the ilaimants who had ,u tZ^lltVTV''' ^^^^P^^^^'-^^io" irom the Province, and tin 1 fn K ^•;^^^<; '.r''" "' "-""'^* t^^^^"^- tl^^'t their objec- tions to the sale of the property by the Province ous^ht to be withdrawn, for compensation or without .-ompensation and at whatever rate of compensation he should decide on twns only m respect to these points that the Holy See had <.oni\MTcd author.ly on ihe Ar.hbishop of Qucbe,^ in 1884, and it could ot.ly be that author which was w tl - drawn and reserved, by the despat.-h in whi.h the Po,.e reserved to himsvif the ri.^lit to settle this <,uestion. ^ Ihe letter ot the First Minister of Qu,.bec, dated the 17th ambl"''^r TVi ^'"'.^"^^^^ Simeotii, set forth in t le r!l amble ot the Act, recites this despat.-h of the 7th May, 1887, withdrawing the authority of the Ar<-hbishon of Ht^v om ^l ''tV^'^^'' ^^\ ^^-^' a P'^rt of the estates h the city o (M'bec had l)een divided into buikling lots with a '^Zit?"''f'^^'''''^-'' '^' '-^'^'^ ^^^^ not 'taken pLte! owing to certain representation Irom exalted persona n-es at the time." It states, also, that the matt, had been ed as to be "a grazing ground and a receptacke for filth," so much so that the matter had "become a public s<-andal> Ihe l^irst Minister proceeded then to ask Cardinal iSr\i;^ ^' '"'^ " '''y '^^J^'*'*^^^ to. the Government selling the property, pending a final settlement of the question of the Jesuits' Estates." This part of h s letter has excited much criticism, as inviting the interferen<-e of I for^gn power. There canbe no doubt that the FiVsl Min' wh^cb b . 'IV"" ^^? petitions, protests and remonstrances which had been put for^^ ard against the sah^ of the property and was soliciting Cardinal Simeoni to interfere to^'re S n^ ht to °"' ""^^'i^ had frustrated the sale, and was ask- ing him to agree on behalt of the Pope, that these objec tions might not be repeated, but that a sale might be made whatever the final result might be of the cfaims whtch had been put forward, for compensation. In the next para- graph of his letter, the First Minister stakes that the Gov- ernment was willing to " look ou the proceeds of the sale 12 as a special cl<^posit to be disposed of" thereaJt danc»; with th «'r " in accor- l|^■reements to be eiit.'red iiito between tlie parties intercst.-d, with the sanction oft},.. Holv It we are to read this p '' ^ of these estates, and of th St'(V G proposal in tli.' liyht of the history aims made npon the Quebec ovi.rnm('nt_in r.'gard to them, it would passage admits of no other seem that this proposal on th(! part of the first M onsi ruction, than that it was a test s against the sale should 1 mister that all the pro- order to assure th )e withdrawn and that e protesting- parti(>s that the I in 'rovince ixr,.„n , 4^ • I'^v'.iniiiiy pariKvs mat tJio Province Mirlll,; «o,,., h,. „..« w.llu.jr ll.Nt Iho ,„or,vds should be set »sKl,. to .uv.it a li„„l .seUlemenl of the matt« „ a re./dv no '' ' ;' "' * i' ^''T''y- '•"'•'"^^•' the Government aire dy possessed ample authority for that i>ur,,oso. th- t t'l/M> •'' "^^'V'^'";'^ '"^""^"^'i' ^I'lted 1st Mareh,l«88, was to con.sent to the sale, on condition tliMt the proceeds should be deposited at his disposal. Tlie lannui., used clear v means nothing more than a consent to the withdrawal of the obiections to the sale of the land which was th, ubtct ol the negotiations, alth<.ugh it uses the wor.ls ■ ' to^rant permission to sell Ihe proi^erty.'" The Queb cGovenime de.- lined to deposit the pro.-eeds for the disposal of H.s ^inounn.rl' ' r 'V -'^^^ ^^^•■'••'•h, 1888. Cardinal Simeon annouiKcd the hiuvl answer of the Pope, which was that the Government should " retain the i.riceeds of tlu' ale Immediately afterwards the Kev. A. B. Turovon S T S^^hSieT^^^^ '■"" '''■ "'r^'' College ^:r^Ko;neio treat \Mfh the Government m this matter. This authority seems to have superseded that which had been p ev ouS^ conferred upon the Arehbishoj. of Oa,.bec. The authoHtv was conveyed by Cardinal Simeoni to Father Turgvon Tn 1 ^ it"d tW tf '^ fl^""-?^' ?'''' "^ '''^''^' '''' Cardinal ill! 7Amift\l'T^'''-^^ ^^ ''"•?* ''''^^ ^^'' rrovincial Gov- eiument would be given to the Jesuit Fathers but thev a^rHnli s"' ? T'^ " r'''''' " ^^« *« 1^"^^'- luU'lfberty tJ adMsable, and they were directed that "the ofiicial deed as aftt'r " in accor- fo between the loly See."- t of the history- ill the Quebec ■^eem that this 11 that it was i\ Hit all tlie pro- 11 and that, in the rroviiice r cJainis, what- •oceeds should le matter. In ; Minister inti- to ( onsult the fl'-«.s in estates thcmscrv"ot a nortt^^^ ^'"'^^^^,V"' ^'^''^ '^" to the Jesuits. 'J he Vm\Tn " ,H w r"'V ^i"''' ^'' '^'^''''^^^^ that if a sum of nione oi l ' ^ ^}Y,^''^\^^^\>^imihnon the Jesuit I-atherJ^h^^^h " !^,^ rSn 7 Z'^rrT;'''^ mined by the Sacnnl CoHcmv. ^ *" '"' '^^'*'-^^- In a letter dated 1st of Miv IS-RS tl. v . ^r- • QiK'bec put forward the ba 7on wh'i II '"^ ^^'T^"' ^^ settlement of the claims XunhTl '^'', Proposed tliat a the documents, conh" .^^ i^^^^f ;, . f ^ ^'^i;!--' that negotiate, should be duh^uitrn -. / ', T"" I'.atliers to it should be underst<>od ih ft r ^'''^'"'' '^?P^^'ted, that ni;^e " any civil o I, i .? o, ^«^';'""«"Ht di.l not recog- and that the,Vcou Ml' ? ; ' ?\^"'?.'''^>' 'l T''^ obligation?" but only comp >n , n mo ! "*^'n"^ ^^'' ^'''^'^'''y ^'^^^^ perpetual concession of all he .1 . "!'•' 'J'^'^P^^'te uid belonged, in I'anaX unrW wl \ ^^^^^ ^"'^^ have of the°old Socie y '' and t t ru^^'^^'V^' t^^ "- ^o the Fathers as " to all rigit?^vhatso ^er m^n' sn" ^^ ^'' ' enunciation revenues therefrom in fHvor ofT P ' l''^V:-'h'^ and the of the old Order Jj^^ ^ a^^ll ^J^T '" '^^ " "^^^« ation," and "in then-ime o'f'th ' P of the p.vsent corpor- lege of the Pro v ri^, iT . . , ''^''' ^"^ ''^ ''^<^ ^^'at'i^ ir yo„ do noM ? V he' " „7" ° "" »"f ^'"»"J"'S. «<1 own lUnlt, Jor "'.J, the i nWif , '"•""'•''<>•■>•. it is yonr Quebee.throZh he.OTstitt ; .f "'""I ^''"™<-'= °f part-have kept our >?™,/s," I """";""™' h-'Ve .lone our the iraportanJe o^tL TnJ™ i^"' ',' r'^'" ''^''''-'"' """ understood. Ijut on "more if ih "" *''' '"* ■*^'" ""e lion to that part it is v"rv ™I t " /'"^ ""'""■^ <>''.jec. i"ff. But i,r that ease ^,r must^s";;? r."'.' »"<'"«'"'d- equivalent. What shall we pST ^^' ';^; .'f'Lffr','!'''"? ?m 2''fo;vs,''^f 'i',r".-"™ ^"'' -t^« intentionally We d,d uot lav'th^V"'" "'"'^ '■''"' ^"P"' rropaganda^ Wo dfd „„7' '^uj'^" Congregation of the said the Pope Wei sired [hi ''."'■"^■'''■■y of State. We the head of The Chur rL rder^ralT't'ho ''"^j"" ''J may be bound " ^^^ *"°^*^ interested o„?r: thTSelnre TblSJtTt^s? r-^^t^d niees " a right in the Poprto claim tttu'i T'^^^' necessary to enable the iLi.lnt! '"•''his consent was the pablL dotSafn'. HavS'strd ^^dl'^t'?' " P'^ "f the true interoretation if ^.t ^'"" '* believed to be phrases, in view of he sur '^.'; /""'''^Po-dence, and its having kated wlafis believed™o b "fheiMri''";^' "»'» eHect and meaning, the questtn remafn ?b "'o-'?d'"'d huw this corresnondPTino a«ri u u "° '* "'- -Ousiciured the Statute under review. tmTy bf^p'^i^frl^^Vdlffiht 16 expressions which aro said to reeoirnise a rio-ht in the Pono part ol h. statute and do not in any way adVct its validitv or just, y Its disallowance. Turning, to the enL t no- mrts of thy statute we lind that this preliminary .orm polulence IS only relerred to in the first section, whif-h readHhus :- 1. 1 he a oresaid arran^rernents entered into between the r. 7 =""1 th,. very Jiev. Father Turi....on, are hereby ratified, and th.3 Lieutenant Governor in Council is author^ ised to carry them out according to their lorm and tenor '' It will b. seen, therefore, that the only portions of the many matters which are set out in the pream M? to t s fetaute which are ratified, and which, therefore, form a v na teria part o the Statute, are the arranovment t,? J mto between the J>remier and the yery Jiey. Father T r ?u r- Vil''-^'"™'"^-'^''"^'^ '''^ contained in the letter of the Hrst Minister of Qucbe.. dated 1st May, 1S88, th Ic ter oi Inilher Turj^eon dated the 8th of the same month the letter of the Fust Minister dated 4th June, 1888 Jhl letter tt^ Vl^'T'l i"*"^ '^'^^^^■^^'^ same month, and the letter of the Hrst Minister dated the same day and le legal documents which followed in order to o-iye e fee to the settlement A 1 other matters whi.h are refJi^ed to in ho preamble to this Statute are extraneous and irreleyant liiey are in no Avay confirmed by the A(>t in question' and all that can b. said of the A,-t in relation to ?hem i 'tha It recites that such correspondence took place. Amo o- thl documents which may be enumerated, as coiXhiin^ nothino- alTecting the validity of or affected by the Act a"e the documents which contain the expressions^ which W excited the greatest criticism and opposition. As for in^ stance the etter of the First Minister to Cardinal SimLni dated 1 '^ ^o empower the ProviV. .1 ^^!^ V«J"i^^«« was necessary "to the public donilh ■ • toufd h.: "'1; '' ''''^^'^ ^^ - P-t of disallowed the Stalu on he ^ ound th^'T^^^*^^ '" ^^^« ence had taken place and thu? u '^ '^'"'"^ ^'^^^respond- U8ed,when the Act Cr^^r /^'^ f P^^^^^^^ had been occurred, and contateTno^'p f^.^.^fi^ 'r'' ^J^"t ^^^ so objected to. express ratification of what is bee'n%t'SvfdlsriWed' ^^7 T^.^^-^'-^^ would have Province, on the'^ haUhe\";f ^" i^^Vo^..r. of a reason of its havino-merelv If wi^ ''^'^' «//^m mm by facts which did'^^loXlly o'cur ''' ^"^*"^^^^ ^^^^^^^ answerd'\?fLtTte5'that^he'■"^^^ ^"^ '^ h«- t>-n»- Pope to claim that his "ntTafir '' a right in the recognition of the Pone's sWn J "^'^essary, involved a of the Supremacy oTn^rSH/' ""'f T""^^'^ ^ ^«"i^» admission that the f na-i i + '' ^i- """"^ ^^'^^^ involved an Provinces col'only'^'f ^^^^^^^^ ^' Her Majesty's sanctioned by the Pope hut .tTv,'"°.'*' legislation argument whLh hasXkJy^'bl advanced ^^Prl^^' the construction of the corresnon^a^t advanced, as to the fair it may be replied that no Zt"^ '"* °''t m the preamble, The First Minister of oTk "^^^^^^ences are involved tions and prXatn:^?h7'h"h™hf;d'^"f .T^' f^'^' portions of the public dom^. He va ^^^ f tile consent and approvil nf On-, wu V; \,^^ff"tiating for the rival claimantTv^t^ ^1^°' ^J the choice of all between them aSd ^o lr''^''.v,**' ^'^^trate and decide claims 01 frrode?ate\hemM'h«*^^^^ ^^^^^^^^^ their with^a View to the ^eit^isV^L^^^^^^^^^ 18 claims, for restoration or compensation, and this extingnish- ment his Government and Legislature thought it desirable should be made, in order that an advantageous sale of those estates might take plaee. There is certainly no subversion ol" Her Majesty's Supremacy, as Ilcud of ller Churle that the Pope nake any distri- rould seem to be Way derogatory remacy. It was rovemment and tirely irrelevant and Supremacy, compensation to accessary for the e, to guard, was, ns w^hich it was onger, and those viuce, doubtless hed by dealing s interested, had the claims and of the compen- being here dis- atute than to its validity Indeed it is difficult to understand the objection now under consideration as being an objection in uny wav affi'cting the validity of the Act. ^ ^ When the very extensive powers which the British North America Act conlers, (some of which have already been enumerated), are .onsidered, it will be seen that whatever obje.tions some may have to the Act, even on the sec^ond ground on which its invalidity is .laimed, that ground vvould hardly be available for an attack on the Act as be , Ir ultra vires. "^'"o It may not be unimportant, in considering how extensive he rights and powers of Provin<-ial L,>gislaturesare, to refir to some ol the authorities, which hav" pronounced on the powers con erred on the Colonies by the British North America Act and other similar enactments. For example l"ntTi!'''TM5''."f ^•'^^'^^'•^'« (10 App. Cases 279) it was held by the Judicial Committee of the Privy (^ouncil, unTler Actlhat '''''^' dissimilar from the British North America " The Legislature of New South Wales, has power to b?l 1 Vi ' "1^"'^.' '^J-T'' ^' *'^"^ ^'-^^ impliedly done so f V ' .-■ ■^^' ^'^^'■^' '"according to its true construction placed an action lor slander for words spoken upon the' ^cHir^""^;.^' r«'Y^^"'0'^ts and other matters, as an action for written slander." The Statute of James I had made provision as to the amount of costs which the litio-ant could recover when he only obtained a verdict for a cerliin amount lor slander ; the Act applied to the colony the Legislature passed an Act changing that provision The judgment ofther Lordships was' ddivered by Sir Barries Peacock, who said: "Their Lordships are of opinion that there are no suthcient grounds for reversing the iudo-ment of the cour below. Their Lordships are oi opinion X the Colonial Legislature had the power to repeal the Statute tiT'^ ; "1^1 ^r" ^*'.''^"^ *^^^y ^'^ ^^«o «f opinion that, looking at the hrst section of 11 Vic, No. 13 it was the intention of the Legislature to place an action for words spoken upon the same footing, as regards costs and other matters, as an action for written slander." Another important decision was Hodge vs. the Queen (9 App Cases 117) which is thus referred to in the c^ase of 1 owell t,.s-. Apollo Candle Company (i.imited) (10 App. Cases o±Sii:^sS:t''' ""'''^"^ '' '' ^^^ p°"-« ^' ^ "Two cases have come before this Board in which the powers of Colonial Legislatures have be"" a good deal con- 20 App. Cas, 88!» in wh^h thf .^^''i^^i'i '••>• -Burah (3 NoUiouofanlndi n^. n^^ '^"''^'°" ^^''^^ whether a Governor of I "n^ fth no ver T''"f T'' '^' I^^^uteuant Art.oranypar"o it «hrmldh. 'V^'"/'"'"^' whether the giv.n by the Lora'ck::::;n^ t ^^^^t ^^ ^^^- be t«Yrrt rires, and the lord ",k ^ , '°V ^eelared to general law in the.«« terms The mi ' ^'^ /^"^^'^ *^« powers expressly limh'd' hy^^. '"a ^0^^^^^'^^^ ^^? Parliament which ereuted it md i • ./ r ^, Imperial boyond the limits wh h i.im ^^^ w . .n acting within those X t 's no Tn ^'''''"""- ^^^^ agent or delegate of the Imperi 1 Pa li. meni \Z V'' ^5 was intended to }inv« 1^'*"* ^^ «i"''iment, hut has, and large, and ol" the samrnafttrS' J"""? t^' ,^""'^^^^*^^^ ^« The same doctrine has beeri.ld 2' ^'.^^^^V^'^^^* itself.' Hodge ... The Q^^n (9' App ?w"\iT^''^. ^^^^.^^ question arose whether th.> T.fn.;.i V ' .. !'^ ^^^'^^•^ ^^^ had not the p^ver o en ruXt r T V^^'T ^^^ «^ board of commissioner, th?^ " , ^ ^'"'''''^ authority—a with respect ^z^i^ ^^:::^i:;^:^^-f, ^^r^^'^^ offences for the breieh of +1.^. 1 5 ^^'^' of crtating penalties thereto ii'irlrdshfn^' ??x'' ""^ ^"^^^^^4 power. It vvaraVgued tL as K.st^ '^''* '^^^^^^ *^^^ that the Local Lec.1sSures'i^^ho^''' ^5""^ ^^'^'^y' delegate, and, on ?be tTncinle II "f *^^ "^ "'^ ^°^^t «r the Local Legislature Cst^.^rt^/d^^^ '''''^'''' and can delegate or entrust noi^of 'hem to'oTi'^'^' ''''^^' or parties. Eut the iudo-menf off! u- ^ ""^^^^ persons been the content on.'goe^Ti'otv^^ '^'' '""'^ ^'^ Lordships, however that the nhS" .J* ""PP^^^"^ *« ^^^i^ appellants is founded on m e^th •^''' '^'''^ ^y ^^^ and for proX-iarXoL ^""tti'r ?„ h^ ">» troviuce "> u(. exercisuu bv deIf>o-ifirm f,.^-^ " j •'•^u&e Imperial Parliament bntra hnrill ' f "' "S™*" "f' ""e ^vithiu the limit. A^SlStr;^e.Ton^'9?^:i IS^ f^-^if SI e to have been judq-ment was ar.s. Burah (3 'as vvlu'ther a he Lieutenant whrth.T the ■ertain district, of this Board, is declared to lys down the ej,ns]ature has the Imperial rsc do nothing POWITS. But iviiy sense an hut has, and lenislatic 1 as iiiment itself.' later case of ) where the utario had or authority — a g regulations n, of creating nd annexing hey had that gued to-day, an agent or "itest delegare, ctions itself, ther persons hat such had ears to their ised by the )tion of the Legislature*. under any !i the British be a Legis- nbly should le Province tatters enu- n any spnse euts of, the nd as ample he Iniperiai ls'i.u"in!,::;^;i^ii::fi;;'::;'r "a.u,;i.,.„,.,.,l,:;;i; Refercn.v mi.y also be mndc lo th.. cnso of !fi,.l ,.. fi,., Domnion rar],j.m..nt to alt.r (h. provisions^ • Jnip • i ^tatut.s regarding trials for oil.,,, vs i„ (h,- Nor," w's lerritories wastvstablishrd. i>ortn \\ est Pst?I>rl ^\'"'t^.7'» V""t*'"^l"^ltha( the Statute diverts the whJ t K V''''\ '* u"^"'"^ ^■'••^"^ t'^'' educational purposes to which by law they had been devot.^d ^ lU the histphire it is to be remembered that the Act does rlh^adiTXr'"^'^''^^" --y -Pli-icn, *ie lo/th.Ml';n T 'T';"'"^''«;.<^'- th<' payment of .§400,000 and lor the transler ol Laprairie Common. It provides for te payment ol .^GO.iOO to the educational auth H^ .„ e Ant- ing the Trotestant minority in the Provinc..-^ind this l' ; sum was declared by the First Minister of Q ebe du m' t'sSl^drt'^f;;'"^^ proportionto ^uJ^V^r^lt^^ i^ma nde of tt« ^^'''\ ''^J^^'-^^^ it Provides that the leraainder oi the proceeds of the estates are to be at^nlied hturf "^rT ^"^^^^^ be approved bv thcT-g,^ Tpsnit- A P^>'^,^f"t «f .§400,000 in satisfaJtion of Uio of h Coril'';f v'S'^'T *^ '^' ^^-^^^-ni Committee 01 tm Council ol Public Instruction, do not necess'irilv toT T'f '^T''^^' ^^" '^^ ^'^^ Estates, xkey^^^ to be paid out of any public money at the disposal of he that i'iT. Governor in Council, 'it is not toL lu„ ei that it these estates are to be considered as char-ed with ^ trust in favor of education, the Legislature w l^nnrove of ce7ds'cronlvf ''^^ H"^'^'^ €''''' tru^t" anTZ^;:! v.^h^h'^^lrM'f^ ." *'•' proportion of the public money is an inadequate proportion, that is a matter which isc-im ble of redress by the Legislature chosen by the peoX of er'vrin t£:"o""'' r"^ '\ "^''^ "«* ^" uniLportaX ob- serve, m this counec ion, that the Act received the „„ani- ?nThtTr"\^^ ^'.^ ^^"'-^^^'^ "^■t'^'^ Legislature of Quebec injvhichthc. Protestant minority is ably represented bv distinguished men in both political parti/s. ^ ''''"'^^ ^^ M^enif the c>harge of divers .n from the ori-inal trusts had more foundation than it has, it is obviousl/impoSe 22 Trtofml.'rlnk-olh,. la«k,.lw.„, ""'"•"" "I 111'; l'n,viiic,.8. ali..i„ nf (1„. ]W ,,,"„,; ,k'T ""■'■ ""■ P"l'l"' .ropri. ""■vilaW,. injusli r or- ,^■, • l'';": "'" "^k"'' "'"""'' nn.i„Mu,„,i„i u„. .:..,„ii,i" \v i, „ ,';:,;r, '■' '■""'■"','>' |.«,pl„ ,lir.,'tlj- i , ,.1. rf f '■" "'',"'' "■P"""''" '!•.■ th.. powers or th,. I'ni, ,11 -I "■''''';'"''' '"'l"T<>lia airoadr'b'it!;".';;:;;!;:::.;',' 'z;'^' '.- -'rr- ""■■" Have j>r,...h on,.„si in ':•.!;,';.,";i^^ ":;„;:, ■■' ,';^;"!;" Hm.., has every your m-irl.. r-.,. rr.^,. ' ■^i'"-* n. i^irst, because it estatos, or any olh,.,- p. ,1 , ' „l r """>."'>'. "'an th..s« trusts in iav„; „,• ,';:;,:, tf !;'<;;t" s" "''"-^^;:'' "•'"> the approval of thi. J i J..i„, t alloi. S,.,on(l, bec-aiisc th„ p\L„i. o t i St^ " , ?„ i'.7 ",'"' '"»"■;'>"'-" or the Act itwlr. -'•I'pulatwl lor on Ihe raeo ot s^^r-f £r;!r5S 3Ff -"'■] purposes by a Statute ^nvim- f,. +1, V *'*.^°t^«^ \o ^tiucational ofaProyinceofw h ' 1 uow^l^^P °^ '^' P^«viuces), was once a part. The es^f f .t r -P^^^'"^'^^ of Ontario, the Pvovinco o Quote Ttv?.''''''', f' ^^'^^ '"'''^^^ Provi.:. ,. .,Ki any n t^" ^Jh2}^t Fu^'^'' ^'''''^' ^^ that f ihy power of misappropri- ropcrty, wifh- ol' rfiriilatinj,' lie rroviiK'cs. ^)Ii<' appropri- n'sk of aliiiost i ol" correctly to crnide the ''liti.sh North hcKe matters represent the !, which the ''11 il" the Act lot 1)0 beyond wover much which have ' of Quel,,.,-, iture time, a it, because it s lor efluca- Y, Ihan these •harged with >nd, becniuse stribution of the face of he sanction ade by this lis objection view, even liHj^yofthe V liiut 8oiiie ^.t-v;,... ,,f iducarional Provinces), of Ontario, h'ly within ids of that be charg(>d Neither , have ever e slightest r the Grov- 23 ernmont or the Legislature of Ontario, in counteaahco to this objection. ifjy way, given It seems then (juite clear, not onlv that the I'rovinc of Ontario lias no claim to these estates, but thai its Le<>-isla- ture would have no powi-r to pass a Statute with rc-uld fi» them as surh a Statute would rdate to a mat in- outride ,>f that Pio', nice. The «Ju.'])e.- statute, therefore, seemin--- .learlv to be with/ » the i)OWers of the Leirislature uliici, passed it it »pp.'aredtobe the duty of the Oovernnient oi Canada not to exercise the power of disallowance with regard to it To have revised the policy of :he Statute, irrj^spective ,',f its validity, would have been to have assumed responsibilities or the exercise of authority in a domesti,- matter, within the control oi th.> Legislature, and in respect of which the J^gislature had bt'cu unanimous alter consideriufr the sub- ject lor years, and would have excited deep rest-ntment among the people of the Trovince. After a delay of nearly six months, during whi<-h time the remonstrances against the allowance of the A.t were of a mer.'Iy lormal character, and no agitation existed. His LxceHency was advised to signify to the Lieutenant Gover- nor oi Queb.'c, that this Act, along with inanv others of the same Session, would be lelt to its operatio'n. Th.-reafter the agitation for disallowamv commenced. A resolution in lavor of that course, was moved in the House of Com- mons and received the votes of U members out of a House of two hundred and tifteeu members. Petitions have been presented to His Lxcellency als.,, asking that the power of disallowance should still be exercised. It may be :^peu to much question whether even the bare power of disallowance remains, after His Excellencv's brovernment has made its choice, and has decided that the Act shall be lett to its operation, and has so informed the irovincial GovernmpW ^ d'h' -^"^ the powers of the Act would be Jdt to its olrnif" I \'"- «>ff"ified that the take the contestatioVo ftTJ ^Svof^r'T^"-^'^^^^^ considered within t^^^^^Tlh^V '"^'''"'^^ ^^^^""^^ ^^^7 proceeding most hostili ami -d so m o f ''"•'"' >^°^^^^ ^^ ^ the relations which sho, /^ u ^^"^^'^se, m view of '-nd the Ivdcnd a thorki s n d t ^uT'' '^' Provincia lerenee w.th th. a.iair"!^' the" t^S '^"""^^^^^"^ ^ pnaS^;;^^n;^;::;;S'om"^bfr "^^"^^^^^^ - ^pp- on this subjert, ao-ainst the rn, '^^'^-^^^'^^ for litigation ^hey entertain the omnion thaMf''""''^* ^^ ^^^^^^^ ^"d enter into such litigS orand th i^f»:''' "°v! ''^^'^ "P°" t^ statute in question's so .-Icnr ^ Ki/^^^^^^thoritytopassthe Connnonsr^lhele iS r^2^-^« of the House of mont would be defyino- the onini n n .f^'^r' *^" ^^^'ern- odly expressed, in undertakinoh.''^ *^'? ^^""'"'^^ ^o decid- oi- the decision whic^^^^^^^^^ J--;^^^^^^^^^ latures power to make aws n S ui::^ V T""^^ ^^'^^'• provides that such laws shal not nr , /-^ «,^^^^''^tion, but he Secretary 7 His Excel- t Avithin the it should be ice could not yt'ar, and by deliberately •owersofthe fied that the ed to under- 1 the Courts, f the Privy pursue that whii;h they would be a in view of Provincial iious inter- an appro- r litigation lebec, and d upon to to pass the roeeediugs House of e Grovern- , so decid- souudness 3te. xcellency luse it in- « British ial Leg'is- tion, but tFect any 1 schools, ^ Union, te Legis- ie in re- lly affect 25 any right to denominational schools, or the rights or privi- leges of any " class of persons in the Province,'' with respect to denominatioual schools. The Jesuits' Estates were cer- tainly never charged with any trusts in respect to any schools of that description, although portions of their pro- ceeds have from year to year, been distributed amon- schools ot all denominations. ° It is unnecessary to repeat, in this connection, what has already been said as to the objection that the Statute sanc- tions a breach of iaith, but the argument there advanced applies to this objection as well. Since the discussion in the House of Commons, a point has been raised against the effectiveness, rather than thp validity of the Quebec Statute, viz, that the intention of the Legislature must fail, because the grant is made to the incorporated Society of the Jesuits in the Province of i^uebec Ihe Act of Incorporation, passed in 1887, is hereto annexed. The Act of Incorporation having been long ago left to its operation without objection, the Dominion Government has considered that this is a question with which they have nothing to do and they have, therefore, declined to ask Her Majesty s Government to submit any question in rela- tion to it for the consideration of the Judicial Committee of the Privy Council. The point on which doubts as to the effectiveness of the grant of the Legislature seems to turn 18 that the Legislature of Quebec could not, as it assumed to do in 1887, incorporate the Jesuits. It is contended bv those who sustain this view, that, in consequence of 'the early English Statutes against the Jesuits, it is impossible tor a Colonial Legislature to give members of that society corporate rights, or even to recognize their presence in the country. 1 his view is not held by His Excellency's ad- visers Considering the large powers of self-government which have been conferred, from time to time, on the various colonies, Canada included, and esnecially consider- i^L •! ?T v^ ^'r."" ^y *^^ ^"^*«^ North Ameri.-a Act in 1867, It IS believed by His Excellency's Government that it IS clearly withm the power of any one of the Legislatures to pass statutes on such a subject, even though they may conlUct with tiic early statutes relating to religion or in any way connected with religion. On this point the cases already cited in this memorandum, as to the power to alter or to repeal Imperial enactments affecting a colony, seem to have force. ' 8 26 oadi'lElV^^i'''/^^'''^'"^? auswored implies that the early iJritifeh Legislation m relation to the Jesuits forms part of the Constitution of the Trovinces. If that we?e^o It rnight be answered that, by the terms of the Mish North Amen.a Act the Legislaiure has the power inJach Irovinee, to alter the Constitution of the Province but ?he heory involved ,n this objection depends on a v^ry loose notion of the Constitution. ^i^tryioosc The contention which has been raised in this connection has been earned so far as to assert that it is no if he ris?;:;;^^ -iWindal Legislature to make provisions neon! 61 tent with the early statutes regarding the- exercise of re gion which have never been repealed although W ^illen into disuetude in the United Kingdom. Thfs is not^ however, the view which His Excellency's aovernm^nt entertain nor is it the view held by the llXmaSvaf hose who recorded their votes oif the e SlutTon n^the House oi Commons, on this subject, at last session Ihe free exercise of the power to regulate the civil ri-hts of the people, and the full exercise of the ample powers of self government conferred by the l^ritish NVrth America Act would be almost worthless if they were rest^^ ted within the lines marked out by obsolete enactr^ents of the Parliament oi Great Britain, which for many years have been found too restrictive of liberty to be put i/pra^tice In that IhTlJ^rTf ^'^i^^ certainl/could not, at a^nTtime witMu the last century, have been applied to the colonies. lies that the esuits forms that were so the ]}rrtish kver, iu each if-e, but the 1 very loose connection not in the sious iucou- oxercuse of longh long- Thi8 is not, ovornmeut majority of tion iu the )n. civil rights powers of h America ! restricted mts of the 1 have been ice in that me within ?s. 27 An Act to incorporate the " Society of Jesus," Chapter 38, of the Province of Quebec. (Assenled to ISili May, 1887.) Whereas the Reverend Fathers of the Society (.f Jesus have ])rayed to be constituted into a corporation; and whereas it is expedient to constitute such religious' com- miinity into a body politic and corporate like* the other religious communities of this Province ; Therefore Her Majesty, ])y and with the advice and con- sent of the Legislature of Quebec, enacts as follows :— 1. The " Society of Jesus " shall be a corporation composed of the Reverend l-athers Henri Iludon, Adrien Turireon, Leonard Lowire, George Kenny, Arthur Jones, and of all persons who now or may hereafter form part of the said society, in accordance with its rules, by-laws and regula- tions. " Under the above name it shall have perpetual succession. It shall have a right to have a common seal, which it may alter at will, and to appear before the courts of justice iu the same manner as any person may do. It may i)ossess, accept and acquire under any letral title inovable and immoval)le property, which it mliy sell, alienate, hypothecate, give, lease, transfer, exchano-e or otherwise dispose of, by any title whatsoever ; provided always that the annual revenue from the immovable pro- perty owned l)y the society for the purposes of revenue in any diocese, shall not exceed thirty thousand dollars. 2. The corporation shall not have the right under this Act to possess educational establishments elsewhere than in the archdioceses of Montreal and Ottawa and in the diocese of Three Rivers. 3. The corporation shall be governed in accordance with its community rules, and shall have powers to pass by-laws, rules and regulations with respect to the administration of its property, its management and internal government, the election, number and power of its officers and directors', the admission and dismissal of its members and. generally' all rules connected with the purposes of the corporation. 4. The corporate seat of the corporation shall be in the city of Montreal, Another place in this Province, within the present limits of the archdioceses of Montreal and Ottawa and of the diocese of Three Rivers, may be selected later on by a by- law of the corporation. 28 ■6. The corporation may appoint officers, procurators or aaministrators and define their powers. The signatures of the superior of thesociety in this Pro- vmce or of the procurator of its chief establishment shall be sufficient for all legal purposes. 6. This Act shall come into force on the day of its sane- 1 curators or I this Pro- ment fihall f its sane-