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WILLIAM MORRIS WITH THE COLONIAL OFFICE, AS THE DELEGATE TROM THE PRESBYTERIAN BODY IN CANADA !< It may be proper to introduce these papers by inserting the Report of the meeting of delegates assembled at Cobourg, that the object of Mr. Morris' delegation to Britain may be brought more distinctly before our readers. REPORT Of the proceedings of the meeting of Delegates from the different Presbyterian congregations, in connection with the church of Scotland in Canada, held at Cobourg the 14th day of April, and continued by adjournment from day to day till the 18th April, 1837. The Delegates from the several congregations having met in St. Andrew's church at 10 o'clock A.M. as previously arranged, proceeded to elect a chairman, when Jo- seph Steele, Esq. Delegate from Colborne, was unanimously called to the chair. The chairman then called upon the Rev. Thomas Alexander, who opened the meet- ing by prayer. The attention of the meeting was then called by the chairman, to the choice of a Secretary, when H. Scobie, Esq. Delegate from West Gwillimbury, was ap- pointed. . ' , \ S CORRESPONDENCE OF THE HON. WM. MORRIS. The following Delegates came fonvaid and presented their credeul ials which were sustained. Messrs. John Stkkle, Colboinc. Andrew Jeffrey, Cobourg. John Taylor, Grafton. F. A. Harper, Kingston. W. S. McDonald, Gananoquc. John Turnbull, Belleville. John A. McPherson, Hallowcll. Alexander Morris, Brockville. James Pringle, Cornwall. John McLennan, Lancaster. Alex. McMartin, Williamstown & Marlintowri, John Q,uarry, Dnndas, Ancaster &, Flaniboro. Lachlan Bell, St. Catharines and ThoFolU. Duncan McLaren, King. Alexander Grant, Cavan, James Hall, Pcterboro. Hugh Scobie, West Gwillimbur)-. Dr. Walter Telfer, Toronto. " A. Barker, Scarboro. Alexander Wood, Zorra. Colin C. Ferrie, M. P. P. Hamilton. William Clarke, Niagara. Kenneth McKpnsie, Smith's Falls. IloBERT Fairbairn, Darlington. James Wilson, Gait. David Brodie, Percy. Communications wore received from the following congregations in Upper am! Lover Canada, expressing their anxious desire to co-operate with this assembly, in such mcfisurcs as might be considered necessary, to attain the object for wliiclk the assembly had been called together. These cong'regatiuns in UPPER CANADA, Ore, Bytown, Esqucsing, Luchiel, . Strcctsville, Guelph, Lanark. IN LOWER CANADA, St. Andrews church Montreal, St. Paul's do. do. Beauharnois, Huntingdon, Dundee. The following Resolutions were adopted : — 1.9^ Resolved — That prior to the act of Union between the Kingdoms of Scotland and England, there wcse established by acts of Parliament of the separate King- doms, within each Kingdom, Protestant churches, known by the designation of the established church of Scotland and the established church of England, which chur- ches were confirmed by the Act of Union, as they then stood by law established, and which act provides, lint there shall be a " communication of all rights, privileges, and advantages, whicli do or may belong to the subjects of either Kingdom," and whif h is therein dedarcd to be a fundamental and an unalterable part of the act of Union. 2d. Resolved — That under and by virtue of the act of Union, tlie adherents to the church of Scotland,in any British colony, are entitled to a communication of all civil and religious rights, privileges, and advantages, equally with the adherents of the church of England. 3d. Resolved — That the fundamental principles of tlic act of Union, are not liable to be legislated upon by the Imperial Parliament of Great Britain, Avhich ow^es its exis- tence to that act, and any enactment of the Imperial Parliament, opposed to any of these fundamental principles, is a violation of the act of Union. 4th. i?c»o/»cdf— That the act of the Imperial Parliament 31. Geo. III. chap. 31, is a direct violation ot the act of Union, in so far as it directs the establishment and endow- ment of parsonages or Rectories, according to the establishment of the church of Elng- land, and the presentation of incumbents or ministers of that church thereto, within Canada, who " shall hold the same and all rights, profits, and emoluments, thereunto belonging, or granted, as fully and amply, and in the .same manner and on the same s which were n Upper and asseinbly, in or wliicii the jharnois, tingdon, dee. IS of Scotland parale King- nation ol'tlie which chur- abii.shcd,and Is, privileges, Qgdom," and t of the act lerents to the m of all civil lerents of the ire not liable owes its exis- Ed to any of :hap. 31, is a it and endow- lurch of Elng- ereto, within Its, thereunto on the same CORRESPONDENCK OF THE HON. WM. MORRIS. S terms and conditions, and liable to the performance of the same duties, as the incum- bent of a parsonage or Rectory ir England." 5/A. Heaoloed — That the late Lieut. Governor Sir John Colborne, did unwisely erect and endow filly-seven Rectories in this province, by virtue of the act of Parliament above referred to, which in deferenc- to public opinion, had never bef re in that res- pect been acted upon, thereby giv'.:^ the clergymen of the church of England, spirit- ual jurisdictiivn, not only over the members of the church of Scotland, but also over those of other denominations, Avhich has tended more than any other act, to diminish the estimation of a large majority of the people of Canada ol' the equity and wisdom of his Majesty's Government, in this province. Gth. Rcsoleed — That by the act above referred to, the establishment and endowment of Rectories can only be made by the Lieut. Governor in council, from lands set apart and known by the name of the Clergy Reserves, \vhen his Majesty authorises the Lieut. Governor to that elTecl, and thp* 'ms Majesty having referred the disputes whicli had arisen in the colon^ respecting tncbC Reserves, to the local legislature, for settlement, we are unwilling to admit, that his Majesty would have given instructions to Sir John Colborne, to establish and endow Rectories, while the adjustment of these disputes was in progress before the legislature, and we therefore consider the establishment and en- dowment of tliose Rectories to have been, not only a further violation of the act of Union, but also at variance with his Majesty's instructions, to submit the matter to the local legislature. 1th. Reaoloed — That in terms of the act of Union, the atatua of the church of Scot- land, in a British colony, is co-ordinate with that of the church of England, and all Sessions, Presbyteries and Synwds, which are in connection with the church of Scot- land, in terms of the act of the General Assembly of that church, passed in 1833,should be constituted bodies corporate, to the effect of holding lands, buildings, and other property for ecclesiastical ar.d educational purposes, and that cfect should be given to their judgments and proceedings, in matters spiritual, in the same manner as is done in Scotland. 8M. Resolved — That with the view of effectually removing the disabilities under which we labour, we address his Majesty and the Imperial Parliament of Great Bri- tain, in terms of the foregoing resolutions, praying that a declaratory act of the Impe- rial Parliament may be passed, to remove all our disabilities, and to restore us to that position, to which by the act of Union we are entitled, and to limit the power, and au- thority of the chu''ches of Scotland and England, in this cobny, to the members of their own congregations. Wi. Resoleed—T\\?i\. all members of our church throughout Canada, should resist by every constitutional means, all attempts to encroach on our riglits, and should rest only when«o disability shaU remain lo be removed, and whenthe provisions of the act of Union, in reference to the church of Scotland, shall be full/ complied with. 10/A. Resolved — Tiiat a select committee be appointed to draft an address to the King, and petitions to both Houses of the Imperial Parliament, basei on the foregoing reso- lutions, and that Messrs. Harper, Turnbull, Clarke, Ferric, McLennan, 'relfer and Barker do compose that committee. \Uh. Resolved — That we consider it essentially necessary, to appoint a competent person to proceed with the address and petitions to Great Britain, and having eiuire confidence in the wisdom and integrity i)f the Hon. Win. Morris, of Poffth, we do ap- point him to that highly important tnlst, and direct the Secntary to intimate the ap- pointment to Mr Morris, and to request in the name of this asseinbly, that he will be pleased to accept the same. VMh. Resolved — That the several delegates on their arrival among their respective congregations, sliall cause a subscription list to be opened, in each congregation, to de- fray the expen.seof the Agent to England, and that the funds so collected, be trans- mitted to Francis A. Harper, Esq. Kingston, and subject to the order of the Agent. VMh. Resolved— T!\ia\,\he thanks of the delegates are hereby tendered to the inhabi- tants of Cobourg and Kingston, for their manly and spirited exertions on behalf of Scotchmen and Presbyterians in this province. Wh. Resolved— ThaX 500 copies of the proceedings of this meeting shall be printed at the olhce of the Niagara Reporter, and that William Clarke, Esq. delegate Irom Niagara, be respectfully rcquestedto superintend theprinting, and to transmit a propor- tionate number to each delegate, asalso to congregations who have communicated with this meeting. , \ 4' CORIIGSFONDRNCE OF THB HON. WM. MOIIRIS* I5th. Reaohed — That with the view of procuring every possible information res- pecting the state of our church, we solicit all members in cotmoction with us, through- out the two Provinces, to transmit a statement of such locLi tads, as they may be pos- sessed of, with as little delay as possible, to the standing Committee of Synod, of which the Rev. W. Rintoul is convener, and that we respectluliy request that the Commis- sion of Synod do compile from the facts thus communicated, and any others that may come within their knowledge, general instructions for our agent, and that the Sec- retary do transmit to the Commission of Synod, the whole of our proceedings, to be kept among the records of their court. 16/A. Resolral—'Tha.i we, the delegates now assembled, having performed the duties f»r which we were appointed, do now dissolve ourselves, and that we recom- mend to all our Brethren, who may have formed themselves into associations, to dis- solve their associations forthwith. (Signed) JOHN STEELE, Chairman. HUGH SCOBIE, Secretary. TO THE KING'S MOST EXCELLENT MAJESTY. May it Please Your Majesty, We, Your Majesty's dutiful and loyal subjects, dele- gates appointed to mectat Cobourg, by the Presbyterian congregations in Canada, in connection with the established church of Scotland, to consider what measures at the present crisis, i' might he most expedient to adopt, in order to remove the. spiritual dis- abilities under which ve labour, beg leave in the name of the whole members of our church in Canada, mos humbly to approach Your Majesty and to express our sincere attachment and loyalty o Your Majesty's Royal person and Government. We beg leave most h nnbly to represent to Your Majesty, that the churches of Scot- land and England were established by acts of the Parliaments of the separate King- doms, and were confinned by the Act of Union, whereby a " communication of all rights, privileges and advantages," is secured to the subjects of either Kingdom, and therefore the status of ihe two churches, so established, is co-ordinate, in the British Colonies, With the utmost deference we humbly state to Your Majesty, that the fundamental principles of the act of imion, which were guaranteed to us with so much jealousy, by our fore-fatiiers in perilous times, and which every true Scotchman must always consider as a birthriglit not to be infringed upon, carmot be in any way attected by an act of the Imperial Parliament of Great Britain, without doing manifest injustice to Your Majesty's dutiful and loyal Scottish subjects. The act of the Imperial Parliament, 31 Geo. Ill, chap. 31, appears to Your Majesty's petitioners to be an infringement upon their rights, in so far as it provides for the es- tablishment and endowment of Rectories, in Canada, and the presentation of incum- bents or ministers of the church of Elngland thereto, with the powers thereby conferred on them ; and the recent establishment and endowment of fifiy-seven Rectories in this Province is a further infringement upon their rights, in respect that these incumbents or ministers are mvested with spiritual jurisdiction, not only over Your Majesty's duti- ful and loyal subjects of the sister church, but also over all denominations of Chris- tians within the bounds of their separate Rectories. Your Majesty's petitioners anxiously hoped that the authority which Your Majesty was graciously pleased to transmit to Sir John Colborne, Your late Representative in this Province, to refer the settlement of the disputes which had ariseJi in the colony, respecting the Clergy Reserves, to the local Parliament, would have prevented Your Majesty's late Representative from establishing and endowing the Rectories above alluded to, and Your petitioners are unwilling to assume that Your Majesty would have instructed Your late Represenutive at that time, to establish those Rectories, and we most humbly assure Your Majesty that that act has tended more than any other cir- cumstance to diminish the estimation of a large majority of Your Majesty's loyal subjects, of the equity and wisdom of Your Majesty's Government in this Province. Your petitioners, therefore, in thus approaching Your Majesty, most humbly pray that Your Majesty may be graciously pleased to listen to our complaiut.s, and to take them into your royal consideration, and to adopt .such measures, in terms of the act of the General Assembly of the church of Scotland, passed in 1833, as will constitute all Sessions, Presbyteries and Synods, which now are, or hereafter may be, in connection rmalion res- us, through- may be poH- od, of which le Conimis- others that that the Sec- dings, to be rformed the we rccom- ions, to dis- airman. cretary. bjects, dele- C'anada, in ismes at the piritual dis- nbers of our 5 our sincere hesof Scot- larate King- catiun of all ingdom, and the British rundamental ich jealousy, nust always fiected by an injustice to JT Majesty's > for the es- 1 of incum- iy conferred lories in this incumbents ajesty's duti- ns of Chris- our Majesty isentative in the colony, 'ented Your ories above would have ries, and we (T other cir- esty's loyal 3 Province, umbly pray ind to take if the act of onstitute all connection \ C0RRB8F0NDBNCE OF THE HON. WM. MORRIS. b with the church of Scotland, in Canada, into bodies corporate, to the elTect of holding lands, buildings and other property, for ecclesiastical and educational purposes, and as will give effect to the judgments and proceedings of our ecclesiastical courts, in mat- ters spiritual, in the same manner as is done in Scotland; and also such mecsures as will effectually remove the disabilities of which we complain, and place us on that footing to which by 'he act of union we are entitled, but restraining both the powers of our clergy, and also those of the sister church, to the members of their own con- gregations, within this Province. And as in duty bound your petitioners will ever pray, &c. (Signed by all the Delegates, as representing their respective congregations.) Dated at Cobourg, this 17th day of April, 1837. TO THE HON. WILLIAM MORRIS, PERTH. Toronto, 6th April, 1837. Sir— T am desired to communicate that the Corresponding Committee of the congregation of St. Andrew's church, in this rity, at a meeting held last even- ing, were unanimously of opinion that no other in the Province, known to them, was so properly fitted for the duties and trust of an agent, from the convention to be held at Cobourg, to Britain ; and they earnestly desire that you may con- sent to be put in nomination, of which you will please notify Dr. Telfer, the del- egate .rom this place, who has particular instructions on the subject. The Com- mittee were most anxious to hear from yourself, had time allowed of it, before the Doctor should leave this, but it was found upon computation that a day could not be spared to have an answer, even at Cobourg, by the 14th. I have the honor to be. Sir, Respectfully yours, &c. (Signed) WM. M. GORRIE, Secretary, Perth, 12th April, 1837. Sir— I have this moment received a letter, dat^d the (5th instant, informing me that the corresponding Committee of St. Andrew's church, Toronto, are anxious to know if I would " consent to be put in nomination as agent to Great Britain, from the Scots churches in this Province," and although there is not the slightest chance that this letter can reach Cobourg before the evening of the 15th, at the very earliest, I nevertheless think proper to write you, in reply, supposing it possible that you may be detained a day or two at that pltce. The question put to me involves very serious and important private considera- tions, especially after a recent absence from my family ar.d business of more than thiee months, and I could have desired a few days time to consult my friends. But as the circumstances of the case do not admit of this, I have only to say, that viewing the subject which has occusiuaed the application to me as one of very great public importance, I feel disposed to set aside my private interests and convenience, and to obey the call of my countrymen, should it appear to be their general wish. Permit me to add, that the terms of Mr. Gorrie's letter to me suggest that I should have you understand that I do not apply for the appointment. Sir, your obedient servant, (Signed) WM. MORRIS. To Dr. Telfer, Cobourg. Tovrnto, 19th April, 1837. Sir — As Secretary to the assembly of delegates from the ilifferent c ongregations in connexion with the church of Scotland, who met at Cobourg, on the 14th inst., I have been directed by that assembly to intimate to you, that, confiding in your wisdom and integrity,they have appointed you as their agent to proceed to Great e CORIIESPOXDENUE OF TIIK HON. WAl. MORRIS. Britain, and to request, in name of the assembly, timt you will be jileascd to ac- cept of that hijjiily important trust. Your Commission, us well as an address to His Majesty, and petitions to both Houses of Parliament, and n memorial to the General Assembly of the Church of Scotland, have already been executed, and they will be transmitted to you in due course, tlirough F. A. Harper, Esq. of Kingston. 1 have the honor, &.c. (Signed) H. SCOBIE, Sec'y. To Hon. W. Morris, Perth. : I \ J, 1* ■■:\ I Perth, 251 li April, IS:{7. Sir — 1 am favoured with your letter of the 10th inst., informing me that the delegates from the ditlbrent Presbyterian congregations assenjbled at Cobourg on the Uth inst., had made choice of me to carry their petitions to Great Britain, and to prosecute the claims which they assert, with His Majesty's Government. You will please have the goodness to acquaint the Committee that I shall pro- ceed from thi. on Friday next, and will sail by the packet of the 8th May, from New York. I liave addressed a note to Mr. Joseph, the Private Secretary of His Excellency the Lieutenant Governor, of which the following is a copy. I remain, &c. (Signed) WiM. MORRIS. To Mr. H. ScoBiE, Secretary. Perth, 25th April, I8H7. Sir — The Presbyterian congregations in this Province, in connexion with the church of Scotland, have determined to petition the Home Government on the subject of the Clergy Reserves, and also respecting certain constitutional rights which, as Scotsmen, they should enjoy in this colony, and which have hitherto been denied them by the Colonial authorities; and as the persons representing these congregations, at a meeting held at Cobourg on the 14th inst., have request- ed me to carry tlieir petitions to Great Britain, 1 take this method of acquainting His Excellency the Lieutenant Governor, that I shall proceed accordingly, in the course of a fewdays, in order to sail from New York bytl-e packet of the HthMay. (Signed) WM. MORRIS. To J. Joseph, Esq., Private Sec'y. &c. Government House. Kingston, 22d April, 1337. My Dear Sir— I suppose ere this reaches, you will be in possession of the let- ter from the Secretary of the delegates, informing you of your appointment, as agent, to present the address and petitions, and to do all in your power to further the accomplishment of the object desired. I hand you herewith, the three petitions, and your commission as agent, the receipt of which please acknowledge to the Convener of the Commission of Sy- nod, Mr. Rintoul, and inform him of your acceptance of the appointment, and when you will be ready to set ouv, To Hon. W. Morris, Perth. (Signed) P. A. HARPER. Upper Canada, Cobourg, I7th April, 1837, We, the Delegates of the Presbyterian congregations, in connexion with the dxurch of Scotland, in Canada, do appoint you, the Honorable William Morris, cased to ac< ions to both e Churcli of » you in duo E, Sec'y. pril, I8:}7. iiic tliat the Cobourg on eat Britain, rovernment. I shall pro- May, from I Excellency MORRIS. Lpril, I8:i7. on with the ncnt on the ional rights ave hitherto epresenting ave request- acquainting ngly, in the he )ith May. MORRIS. ipril, 1337. fi of the let- )intment, as jr to further ) agent, the sion of Sy- ntnicnt, and lARPER. pril, 1837, on with the am Morris, OORRESPONDENCP, OF THE HON. WM. MORIIIS. 7 Legislative Councillor, our agent, to proceed to Great Britain with all convenient speed, and there to advocate our just claims, as stated in the Resolutions passed at tins mcetiiV'i a copy of which you will receive herewith, and to cause the accom- panying petitions to bo presented to His Majesty and both Houses of the Imperial Parliament, and to do nil other acts that may bo requisite for bringing our cause to a spredy and successfid issup. Executed at St. Andrew's (Jlnirfli, this day, as above mentioned, by the delegates there a.s,semblecl, and cerlilied by JOHN STEELE, Chairman. HUGH SCOBIE, Secretary. On the 28th April, in37, 1 left Perth for London— passed through TJrockvillo and Montreal, and sailed from New York for Liverpool, on board the packet ship lloscoe, Capt. Delano, on Monday the 8th May. Arrived at Liverpool on Monday thfiSUfh May, I went to Manchester on the following morning, having previously written this letter:— Liverpool, 29th May, 1837. Rev. Sir — As the influence of the Episcopal church in Canada will be exerted to the utmost to counteract the object of my mission to this country, I will feel greatly obliged if you will havo the goodness to give me a helping hand at the Colonial Office; and, I supposf, this can most effectually bo done by engaging the support of leading membors of the Legislature. Perhaps Principal Macfar- lan will also be kind enough to render me assistance in the way which he may think will best answer the purpose. No time ought to bo lost, for, if the subject is to be brought before Parliament during the present session, it cannot be taken up too soon. Besides the claim which the members of our church prefer in their petitions, there is another matter of very great importance which I could wish to draw your attention and services to, namely, the appointment which His Majesty is about to make of Professors to the University of King's College, Toronto. The institution is amply endowed, and after a struggle of ten years, its exclu- sive character is destroyed, and gentlemen educated at tho Scots Universities may now receive appointments, without being subject to any tests; and although, by the terms of the statute amending the charter, the members of the College Coun- cil are all of the church of England at present, yet I hope that a little exertion at the Colonial office will not only secure to our countrymen a duo share of the appointments, but compel the endowment of a Theological Professorship for our church. I am in great haste, and cannot write you fully on this subject at present, in- deed I hope it may not be necessary for me to write, for it was the opinion of ma- ny friends in Canada, that either you, or some other inl'.uential minister, would come to London to advocate the cause of the church, and thereby promote her interests in all the British Colonies. I send you by this mail a printed copy of the proceedings of the Cobourg meeting, which please show to such of our ministers as take an interest in Cana- dian church affairs. (Signed) WM. MORRIS. To Rkv. Dr. McLf.od, Glasgow. P. S. — May I beg the favour of hearing from you as soon as possible; address me to the care of Messrs. Gillespie, Mofl*att h Co. 5, Gould Square, London. I wrote Doctor McLeod again during my stay in Manchester, having under- stood that the General Assembly was then sitting, and that he was in attendance; H CORHBSPONOBNCE OF THE HON. \VM. MORRIS. 4 repeated my request that ho would speak to Doctor Macfarlan, and also to Dr. Burns, and any other ministers that ho thoujjht would enter into the viewsof the petitioners. I proceeded from Manchester in the ailernoon, and readied London at 4 o'clock, p. M. on Wednesday the Slst May. Thursday, 1st June, at one o'clock, I called at the Colonial Office and sent the following note to James Stephen, Etiq. one of the Under Secretaries of that de- partment. Colonial Office, Ist June, 1837. Sir— As the mesaengor declines handinnr you my card in consequence of in- structions to refer all persons calling on Colonial business to Sir George Grey, who is not expected here to day, I beg leave to acquaint you that I arrived in town last night, as the agent of the Scots churches, in connexion with the church of Scotland, in Upper and Lower Canada, and that I am the bearer of petitionrt from that body to Ilis Majesty and the Imperial Parliament. If you cannot see me to-day, may I request that you will have the goodness to say when I may call again. (Signed) WM. MORRIS. ' To James Stephen, Esa. &c. &c. &c. In a few minutes I was favoured with an interview by Mr. Stephen, which lasted more than half an hour, during which he assured me that the Rectories were established without the knowledge or autliority of the Colonial Department, and that the Secretary of State and himself were ^Hhunderatruck" when the report reached them through the medium of the public papers. He asked me most par- ticularly as to the nature of all the complaints I had to prefer, and frankly avow- ed the sentiments contained in his evidence before the committee of the House of Commons on the civil government of Canada, in 1828. He assured me that the opinion of His Maje.>»ty'd legal advisers in 1819, regarding the meaning of the terra "a Protestant Ctergy^^ in the act 31, Geo. Ill, cap. 31, as concurred in by that committ''". was the opinion of the present government to tho fullest extent. He said in two or three days he would shew me a letter that was preparing for the Rev. Doctor Black, of Montreal, by which I would be satisfied that the claim of the Scots church to share in the Clergy Reserve fund was amply recognised. He then advised me to write Lord Glenelg, asking for an interview, and he felt certain that although his Lordship was much occupied, partly on account of the state of His Majesty's health, that he would see me as soon as he possibly could; and that. In the mean time, he would explain to his Lordship the various matters which engaged our conversation. t Tavistock Hotel, Covent Garden, Ist June, 1837. My Lord— The Presbyterian congregations in Upper and Lower Canada, in connexion with the church of Scotland, have appointed me their agent to lay be- fore His Majesty's Government certain claims which they prefer in petitions to His Majesty and the Imperial Parliament, with which I am entrusted; and I have to request nn interview with your Lordship on the subject, whenever it may please your Lordship to receive me. (Signed) WM. MORRIS. To The Right Hon. Lord Glenelg, &c. &c. &c. Sir George Grey presents his compliments to Mr. Morris, and will be happy to receive him at this office to-morrow, the 3d instant, at 1 o'clock. Colonial Office, 2d June, 1837. , . ^i "*d^. rOIMlRSPONDKNCF, OK TIIR HON. W.M. MOHFIIS. il also to Dr. B views of the icd London at ! and sent tlio cs of that dc- I June, 1837. iiuence of in- George Grey, I I arrived in th the church If of petitionri ttie goodness . MORRIS. jphen, which the Rectories I Department, lien the report mc most par- rankly ovow- the House of 1 me that the eaning of the icurred in by uileat extent, )reparing for bat the claim f recognised. r, and he felt count of the )ssibly could; rious matters ; June, 1837. Canada, in nt to lay be- n petitions to d; and I have it may please MORRIS. ^ill be happy .Saturday, idJiino — Iliui Jiii intorviow of ;in hour and a half with Sir Cieorfjn (Jnsion, in u (lisptitcii of fiord llipon's, whicli he fidt pcrHiiadfd whh I'ovcr intciulcd to h" rofrrirdod as unlliorify tor that pnrpoHP. ■ That as soon ub tim (JovcrnnioMt, found tliat Koctoiics Imd boon cndowod, tlio legality of tho prvOOodin'j[ hocanie a niattor of iniportaiico, and in ordor to ns- cortain that fart, liord (ihniclg luid subiiiittod tho nuoslion to tho law ofHoons of the Crown for their opinion, and tlint ho liopod an answer would bo obtained in a fow days. Ho admitted, without liCiji',atio:i, tho claim of tho Scots church to a participa- tion in the funds ari.-iiu;,'' IVoiu tho sale of tho Cloriry Uo.^orves, and said that, thn proaont amount,bping plodfjed to certain olorgy of tho English cliurch, onld not be ethorwiso dii-th, and asked if I had brought the petitions with me. I then handed him the one to His Majesty, and altio that lor the House of Lords, which I requested hlni to present, if he approved of its principles. He desired me to leave it with him for perusal, and tliat he would correspond with me on the subject. f { une, 1837. iroured with G(), Jerinyn Street, St. James', I3th June, \ii?,7. My Lord — I'crmit mc to draw your atteiition to the University of King's Citl tuKKiisro>DHNc'ii 01' TUH no>. Wil. .^lUUIUS. Hi lege, Toronto, wliicii will shortly go into operation, an act having j)asse(i the Provincial I'arlianicnl, at tlio Into acvaion, atnciuliiig its charter, by wiiich its ex- clusive clmructor, if not wholly, is in greater part removed. I desire to see tliis institution hcconie ns extensively H.sotul as possible, although T am of opinion tiiat its endowniciit from the school lands reservation, before even one " Free (irnnunar School" is cstablisiied, is a serious interference with the Royal intention, in the year 1707, v. hen the grant was made, and would not have been sanctioned by the present House of Assembly, had not many of the members recently taken their seats for the first time, and consequently were un- acquainted with the nature of the endowment and the various exchanges which Jkivc been made of the school lands, causing the quality of the residue to be greatly depreciated, and which will, for a long period of time, prevent the ade- quate endowment of " Free Grammar Schools," in such districts as require them; tlius defeating the primary object of the Legislature when it addressed His Ma- jesty for the grant of land, as well as of His Miijesty in makuig it, as will be seen by reference to the joint address, and to the Duke of Porikaid's dispatch of tliat year. In the year IGiC, llie committee of the House of Commons on the civil Gov- ernment of Canada, when considering what amendments weio necessary to the charter of this University, roconnnended, among other things, that a Theological chair should be provided for the church of Scotland, to enable students in Divin- ity, of that church, to prosecute their studies for tiie ministry, without being put to tlie great exiiensc of attending the Universities in Scotland. And your Lordshii) will perceive by the report of the select committee of the Legislative Council of Upper Canada, upon King's College charter amendment bill, (a copy of whicli, dated the IDth day of January kiL^t, I beg leave to hand to your Lordship,) tiiat a Theological Professor of the church of Scotland is re- commended to be pkiced on the foundation of the University, as soon after the college : put in opcralion as may be convenient. I but express the anxious wish of tlic members of the church of Scotland, in both the provinccy of Canada, as well ns of their clergy, when I say to your Lordship, that such a provision is considered by them as of very great import- ance to the church, and they trust your Lordship will communicate to His Excel- lency the Lieutenant Governor, at an early ])eriod, for the guidance of the Col- lege Council, the detire of His Majesty's Government relative thereto, in order that His Majesty m;\v know their determination on the subject, previous to the expiration of two years from the passing of the act. I respectfully suggest to your Lordship, as well to give a voice in the College Council to the interests of the Scottish church, as to soothe the injured feelings of her members in Canada, that a certain number t)f the Literary Professors should be appointed by His Majefjty, from the Scots Universities; and in deter- mining the number of suchap])ointmcnts, I hope I may be permitted to intimate, that by the provisio!i.3 of the act, (a copy of whicli I send your Lordsffip,) Upper Canada College is now incori)oratcd witli King's College, the Principal of wiiich will hold a scat in the Council, and that he, and all the other masters at present emidoyed, are from the English Universities. NV'aiting the favor of a reply from your Lordship, I remain, (Sii,med) WM. MORRIS, Agent, &c. The Right Hu.\. Lokd Glenelg, &.c. tVc. dLi:. I' London, C<>. Jermyii ytieol, St. Jamc^'. i7th Juno, 18:^7. My Lord — Referring to my letter to your Lordshi[), r Rectories. He then said, " I amini.stakcn — will you leave the petition with me till WcJMcsday, at half past S o'clock, when I will see you?" He suggested, for my consideration, whether it was prudent to agitate the claims of the church of Scotland, at this time, in the House of Lords; but as he did not clearly state tlie grounds of liis objection, I could not understand, with satisfactory distinctness, the view which he took of the matter. Downing Street, I9th June, 1837. Sir — I am directed by Lord Glonolg to acknowledge your letter of the 13th instant, on the subject of the act lately passed by the Lcgislalure of Upper Ca- nada, to amend the charter of King's College. In reply, I am to inform you that the act in question reached this department but a few days ago, and that the un- fortunate state of His Majesty's health has hitherto prevented the possibility of submitting it for His consideration. If, however, it should eventually receive His Majesty's approval. Lord Glonelg would then be prepared to take into con- f ideration your suggestions in roixard to the appointment of a Theological Pro- fessor of the church of Scotland. I have the honor to be, Sir, Yuunnu-t obedient, humble servant, GEO. GREY. To Wm. jMouuis, Esa. Wednesday, iilst June — T went to the Colonial Office at half past 5 o'clock, and was informed that Lord Glenolg had gone to attend a meeting of the cabinet. I left my name informing his Lordship that I would call to-morrow at the bame hour. London, 66, Jermyn Street, 21st June, 1837. Sir— 1 was duly favoured with your letter of the 19tli instant, informing me that if the act amending the charter of King's College should eventually re- ceive His Majesty's approval, "Lord Glenolg would be prepared to take into con- 14 CORRESPONDENCE OF TIIK HON. VIM. MORRIS. sideration iriy suggestions in regard to tlie appointment ot* a Theological Profca- Bor of the church of Scotland." The object of my letter was to prevent thnt approval,until Iler Majesty's Gov- ernment liad protected the just and reasonable claims and interests of tl'e church of Scct'and, and Scotsmen, in Upper Canada. But if the act is first to receive the approval of Her Majesty, my suggestions are vain, and so also would be any interposition o*? the part of his Lordsliip, as the College Council in that case copld do as they thought proper, uncontrollable by any power but that of a ma- jority of its members; and composed as is that body, there can indeed be little reason to liope that any other course of proceeding will be adopted,regarding the institution in question, than one which has already soured tlie minds of tliousands of the people of that colony, and which induced them to send me hero, under an irresistible belief that Her Majosty's Ministers would take immediate steps to check a system so injurious to the best interests of the inhabitants at largo. I this day received a file of Canadian p'y should have nothing to do with the management thereof. In this way also would all connexion be- tween the Government and the clergy be prevented, so that the temporal and spir- itual aflairs of the churches would be kept distinct, and the ministers be permit- ted to attend to the duties of their holy calling, free from the distracting cares of worldly concerns. With these sentiments I could desire to see an Imperial Act passed, confirming the ciiurch of England in the possession of one third part of the whole of the Clergy Reserves in Canada; another third part to the church of Scotland, to be held in trust by a lay Board of members of that church, and by them transferred to lay Trustees in the several congregations, for the support and maintenance of the clergy for ever. The other third, or residue, to be reinvested in Her Majesty for the support of such other denominations of Christians, as Her Majesty's Go- vernment might feel disposed to protect and assist. I am inclined to believe that this plan would meet with more general approba- tion than any that has yet been suggested, and be the means of harmonizing the public mind, so long kept in a state of feverish excitement by the various, and in some instances, unreasonable schemes, which have been put forth for the settle- ment of the question. I do not hope that the Colonial Le;fislature will ever set- tle these disputes, and therefore, the sooner an Imperial niactment is made, the better will it be for the interests of the colonists, as well as the satisfaction of Her Majesty's Government. May I be permitted to draw your Lordship's attention to my application,on the 5th instant, for a copy of tlio letters sent from your Lordtihip's office to Doctors Macfarlan and Black. (Sif,'ned) WM. MORRIS, Agent, &c. TiiK RitiUT Hon. Lord Glenef-o. Thursflf 2!»tli June — I went to the Colonial Office at half past two o'clock, according to appointment with Lord Glenelg on the 22d instant. After waiting an hour, I was shewn into the office, where a gentleman named Grant informed me that his Lordship was very sorry that he could not yet permit me to see the dispatc!. tt Sir F. Head, as it had not gone ofT. Monday, the dd July, was na- med for my next visit to the office, when it was hoped the papers would be ready for my inspection. 10 CORRESPONDENCE OF THE HON. WM. MORRIS. ■p CC, Jormyn Strool, St. James', 30t;h June, IS37. My Lord— I trust your Lordship will not ascribe to unbpcoming itnpiiticiico the liberty I now take in addressing you. But the approiiching dissolution of Parliament places me in a very delicate situation, for should your Lordship ulti- mately decline to present the petition which I had the honour to place in your Lordship's hands, and if the docuraentg which your Lordship intended to show me yesterday should, in my opinion, fall short of affording the relief sought for by the petitioners, it is possible that I may incur their ccnsure,by having remain- ed so long here, without determining what steps I should take to promote their interests. I duly appreciate your Lordship's suggestion as to the inexpediency of agita- ting the question in the House of Lords, if your Lordship can redress the wrongs of which the petitioners complain; and all I now desire is that your Lordsliip may enable me to decide on the course I ought to follow, before it may be too late to gain a hearing in the present Session of Parliament. Hoping that yonr Lordship may be able to communicate the information on Monday, as mentioned by the gentleman I saw at your office yesterday, I have the honor, &c. (Signed) WM. MORRIS. Thk Right Hon. Lord Glenelg. P 1 1^ Monday, 3d July — I saw Lord Glenelg at the Colonial Office ut 3 o'clock. Ho informed me that some alterations had to be made in the dispatch to SirF. Head, and in consequence it had nr>t been sent yot. He however hoped it would be ready this week, and named Monday, the 10th, for my ne^jt visit. He said, referring to my letter of the 30th June, that I should see the dispatch and legal opinion in time to enable me to apply to Parliament, should I find it necessary to do so. After my return to my lodgings I found the following letter from Sir George Grey:— Downing Street, Ist July, 1837. Sir— I have laid before Lord Glenelg your letter of ihe 21t;t instant, suggest- ing that the Royal assent should be withheld from the Act p"ssed by the Legisla- ture of Upper Canada, during their last session, to amend the charter of King's College,unle8S the Council of that Institution shall consent to the appointment of a Theological Professor of the church of Scotland. In answer, I am directed to acquaint you,that although His late Majesty's pro- tracted illness rendered it impossible for Lord Glenelg to bring the act in ques- tion under His consideration, and though some short time may elapse betbro it will be possible for his Lordship to take Her present Majesty's jdoiiPMre on tho subject. Lord Glenelg thinks it due to you, and those for whom you are acting, to apprize you, thut it is not probable that the Queen's assent to this Bill will be with- held. After many years of fruitless endeavours to obtain the decision of the local Legislature on the subject, and after the protracted discussion which it has un- dergone in the Province, Lord Glenelg thinks himself entitled, or rather bound, to receive this Act as declaratory of the deliberate views of the people of Upper Canada, as expressed by their constitutional representatives; and it is almost superfluous to add, that to such an authority the greatest possible weight is due. Deeply as Lord Glenelg regrets to learn that the proposeu settlement is not satis- factory to the members of the church of Scotland, his Lordship appreiiends that it was impossible to have framed any act to which someobjection might not have been urged, but under all the circumstances of tho case he is unwilling to ' ircgo CbliRESl'O.NDKXn OK TlIK HON. WJI. MORRIS. 17 promote their f.]io opportunity of settling tliis protracted discussion, on a basis whicii must be j)resumed to be satisfactory to a great majority of Her Majesty's subjects in the Province; his Lordship will at the same time take an early opportunity of com- municating to Sir F. Head the desire which you have been commissioned to ex- press on behalf of the Scotch cljurch, and will direct him to convey to the council of King's College, the strongrecommendatioiiof Her Majesty's Government that a Theological I'rofo.ssorsiiip, in accordance with tlio doctrines of that churcli, .should be Ibrtliwith established. I have the honor to be. Sir, Your most obedient luimljle servant, riEO. GREY. To Wm. Morius, Esu. Du\v?iin':( Street, fitli July, 163/ pass ITpper Canada. In answer, I am directed to acquaint you, that, as this subject has been referred by His Majesty's Government, for the consideration of the Provincial Legisla- ture, in pursuance of the statute 31, Geo. .'), c. 31, s. 41, which authorises that Legislature to take cognizance of it, and to determine to what usage the Clergy Reserves shall be appropriated, His Majesty's Government do not consider them- selves justified in withdrawing the question from the consideration of that body, and in recommending to Parliament to assume the decision of it, unless the Provincial Legislatin-o should itself invoke tlie interference of Parliament for the adjustment of this controversy, LordGlenelg is the more confirmed in this opin- ion, as it appears that during the last sesb.cn the question was entertained by the Assctnbly, and although no act was passed on tlie subject, neither of the Elouses of Legislature has intimated to His Majesty's Governnx'nt any distrust of their own ability to bring the nuitter to a satisfactory adjustment. With reference to your request to be furnished with copies of ti»e letters to Doctors Macfarlari and Black, I am directed to express to you Lord Glenelg's regret that he cannot, consistently with the established practice of this depart- ment, place copies of those letters at your disposal, but you will be al liberty to peruse them in this office, should you desire to do so. I have tlie honor to be, Sir, Your most obedient servant. GEO. GREY. To Wm. Monms, Eeu- llth July — I waited on Lord Glenelg at the Colonial Ollice and w-asperiiiittcfi to peruse the legal opinion of the law officers of the Crown, on the subject of the Rectories, and also a despatch to Sir F. Head of the 0th July, communicating that opinion, and directing him wiiat steps to take in order to get the matter properly adjudicated. Tiie opinion, as well as I can remember, ia nearly as follows:— I.st — Tliat the liieutcnant Govonior, in Council, could nnt establish and endow- 18 CORIlKSPONDENCi; OK THK HON. WM. SIURRI.S. i Rectories in Canatla without otlicr authority than is contained in the act ;! i,Gcorg(* ad, cap. HI, and the Royal Instructions referred to in the oase laid hefore them. 2d — ^That the dispatch of Lord Goderich, which the Executive Council consid- er ns authorising the proceeding, cannot he regarded as containing such authority. 3d — Wo are of opinion that the establishment and endowment of tlie 57 Rec- tories, by Sir John Colborno, are not valid and lawful acts. His Lordship asked if the documents were satisfactory to me, I replied that they were, so far as they went, but that the dispatch was silent on the various* matters which I had explained to him as causing dissatisfaction to the Scots in Upper Canado. lie said that the petition contained nothing of the kind, but that. 1 might write him respecting them, and he would give me an answer on the 8\ib- ioct. Two days after I addressed the following letter to liis Tiordship. 1 I «s C)6, Jcrmyn Street, St. James', I3lh July, 1837 My Lord — Sir George Grey has favoured me with your Lordship's sentiment)^ respecting the act to amend the charter of King's College, and although I entire- ly concur in the principle, that when an act passes the Legislature, Her Majesty's Government should regard it as expressing the wishes of a majority of the peo- ple of the Province, yet when I know that the act in question passed the lower House without being sufficiently understood by many of the members; and wJien it is a matter of notoriety, that the Legislative Council declined to make a single amendment to it, as recommended by the select committee of that body, fearful that the bill would never return to them, your Lordship will not wonder that I do not consider it as expressive of the voice of more than a small minority of the in- habitants, lam happy to learn, however, that your Lordship will direct Sir F. Head to convey to the council of King's College the strong recommendation of Her Majc^y's Government, that a Theological Professorship should be forthwitli provided for tll^^ church of Scotland. 1 am now to acknowledge another letter from Sir George Grey, of the Cth inst., in answer to mine of the 26th ult., informing me that Pier Majesty's Government do not consider it proper to withdraw the question, respecting the Clergy Re- serves, from the consideration of the Colonial Legislature, unless it should invoke the interference of the Imperial Parliament. I thank your Lordship for the opportunity of perusing the opinion of Her Ma- jesty's law officers of the Crown as to the legality of the recent establishment and endowment of Rectories in Upper Canada, and also of the dispatch to Sir F. Head of the 6th instant, communicating that opinion, and it is my duty to as- sure your Lordship tliat the class of inhabitants of that Province, whose agent 1 am, cannot but be satisfied with the prompt jroceeding of Her Majesty's Govern- ment thereon, and they will no doubt receive from His Excellency, as an answer to their petition, the communication which your Lordship has instructed him to make to them; and may I askof your Lordship, if I am to regard the opportunity of reading these documents, as Her Majesty's reply to the petition which I had the honor of presenting, through your Lordship, on the 7th of last month? Notwithstanding the opinion of the law officers of the Crown, in 1 8 in, in favor of the claim of the church of Scotland to a share of the proceeds of the Clergy Reserves in both the Canadas, and also the promiso of Lord Rathurst in 182r>, tUHHESl'UMDKNCK Ol' Tim HON. \\>l. MUUlllS. 19 llic rccumiiieiula/tioii of the committee of the House of Cotnmotts in ioi2U, anil the mesauge of Sir John Colborne to the Colonial Parliament, of the a^th Juim- iiry, 183iiJ, in favour of the claim, not one farthing of the funds arising from the dale of these lands has ever been puid to the ministers of the Scot? church in tlrat country. At the same time it is satisfactory to know that by your Lordship' i< late order, in favour of the clergy of Lower Canada, the principle for which we have long contended would seenft to bo fully recognised, aiul therefore it is to be Jiopcd that justice will ypocdily be awarded to the miiistcrs of the Scots church in both Provinces. The Scots inhabitants of Canada consider it wrong, tiiat with the authorities 1 have mentioned in favour of their claim, and with his late most gracious Majes- ty's declaration, that the lands were set apart as a provision for the support of the clergy of the church of Scotland, as well as of the cliurch of England, thiit the management of the lands should be entrusted to a board, composed exclu- rfively of niinistora of the church of England, even if the creation of such a body were legal; and also that the proceedings of the Colonial Governmcat should appear to be at direct variance with the policy of Her Majesty's Ministers) as ex- pressed in the documents referred to; for it is a well known fact that the ojjl- ctrs of the Provincial Government have invariably denied and resisted the claims of the Scots chwxh. With very few e.xceptiona the Scots iuhubitants have met with the most dis- couraging obstacles to thoir application for grants of land to their several church- es, and when they see the facility with which the sister church is provided for, they cannot but feel that a niark of inferiority has long been attempted to be placed on them. But as I am unwilling to trespass too long on your Lordship's time, I will only mention what has been done in that way at ttie sent of Government, and I am persuaded that your Lordship will allow that tlicScotsmcnof that Pro- vince would be alike unworthy of their country and their church, did they rest satisfied with the glaring distinction which has boon practised to thoir prejudice by the locai authorities. The Episcopal congregation at Toronto received from (.ioverniuent si'vera! most valuable grants of land, besides a donation of one thousand pounds to build their church; the latter was in con^^ideration of accommodation furnished to the troops. The Roman Catholic congregation rcceiveil a grant oi ri large niece of ground on the cast side of the town, where their church stan;l>f, a valuable building lot in the centre of the town, and recently another in the Garrison Reserve. The Scots congregation, in connexion with the church of Scotland, build ;i «;omniodious brick church without public aid, and although they set apart a iiand- somepcw for the convenience of the Lieutenant Governor, should he see lit to attend that churcli, and hnw. always furnished accomiuodaliou to the troops, yet, \ip to the time when I left Toronto, t)ie congregation had never received a foot of land from the Govorninent, and the trustees informed luo that they had failei jn every application they made for that purpose. 1 would next mention tiic apparent design to exclude the ministers and nicui- bers of the Scots church from a voice in the council of King's College, for althougli I he recent act is well ciloulatcd to carry that object to tlie utmost extent, yet ihero is a power vested in the person administering the government, which might i)c exercised in a way that woidd roinovi? this ground of complaint; but 1 regret ■li) toiinaai'oyiniycii or thk iiua. wu. muhuls. to Bay thttt this brancJi of the Lieutenant Governor's patronajjfc or prorofjativc has extended to the members of the church of England only. If it is true,that by virtue of the Treaty of Union between the kingdoms of Eng- land and Scotland, the clergy of the latter churph arc entitled to enjoy, in a British Colony, equal rights, privileges, and advantages, with the clergy of the ibrmer, it is surely wrong and unconstitutional that there should exist a provin- cial statute to deprive them of their national right of solemnizing marriage, and that this humiliating disability should be brought forward, by the provincial au- thorities, as an argument to prove that the church of Scotland has no right to share in the benorits of the provision made by law for the support of a Protestant <;lergy in Upper and Lower Canada, notwithstanding the repeated assurances of llcr Majesty's Government to the contrary. In conclusion may I request that your Lordsliip will have tho goodness to give such instructions to the Governors of Canada, touching these grounds of com- plaint, as niay.in your Lordnhijj's wiedom,bf> requisite for restoring peace and con- t'Mitmcntto all claKr.cs of tho people. (Signed) WM. MORRIS. To Tut; Riciiit IIov. Loud Glenklo, &e. &c. Ac. 14th July — I saw Mr. Stephen at tiie Colonial Olficc, who said that ho was un- willing that the Secretary of State should answer my letter without the advice of Sir George Grey, who had gone to the county to attend to his election, and tliat it should be sent after him this day. But when I explained my anxiety to sail from Portsmouth on tho 20th, he said the letter should be answered without reference to Sir George, so that I might not be disappointed, and tliat I might call at the office again on Tuesday the 18th. O P. • 66, Jermyn Slreet, St, James', 17lh July, 1837. My Lord— When I had the honour of conversing with Mr. JJtephon on Friday last, I intimated to him my intention to sail from Portsmouth by tho packet of the 20th inst., for New York, but upon application for a passage by her, I found that the berths were all taken up, and in consequence 1 shall sail from Liv a:; 'A <5 o u 2 a y Q o n K It et a *" T3 t§, (^ £ o M ■ =o ^^1 (=3 'A 111 js -is- c s « S o ^. o-b-S o § o O.S2 u QJ 0,0) S u o u Qj ° 4J K ID C ^6 &i o tart 0) cd S 0) o a u u I o 8 5« ^ V OJ V y O O a c a (/;«(/)"(« t« o t/; 55 o &o o 3 £-3 3 !/) ™ '/.' 7) s o c d 3 fl 3 3 .3"- -•5 r -r •3 « rt « O Oh a o 3 a u fl a Cud a X! u & o a BhOi o o a a J3 —--,- CO CO o a *«f< !>. -H --I S ^ e a a'rt^ a'^'^i^ a <*< 0/ 4) _, a eS a a'+i - -a a a o< C •5* a (h 1 -r) a (4 o 1) Ix e n di ■/■; ^ 01 fa* ??-L 3 X] a "^ < "J •- o a 01 t^ § a 2 2 o y. t— ■ a I- geoo J±l 0> i,i u a a a o o o a a a 4> K^, ^SSS22 *• a a(Nv)SO©^ a a a'^.^^^'**'^ a 41 oT'rj oT oTji a Bi2 a ao '*<§§'5§ o ' a VI »a 1-1 s . -CX5 o o b * O u ^i~ 1) 3 lO o y^ S o <« ^ _w --a x:-ax;ja Jj o u u u S IH IH h kl 3 3 3 3 s-a t) O «J O (f» © © o a •^.^J-a <1 -. l-i h 7 rt 3 S t) t,' x to tS <2 •a It 5 '^^fi © »»« ift CC i>. © i5 O 15 MM So © © irj bo © © •* © iS o 1^) eo — < 1} V = 3 o o a a «^ VI <*< «*<<^J^ in (-4 v TO . V 8^;5S§ © in ■^ 3 N o O QO (/) _ v(5 O ^ O ijj— * 5» 00 « fh CO eo §§aglg^ br . '/) flj '/j Si e =5 ^§- to 3 ■ Oj .0 <«J »-" bo oT a §:= a'S« — < 0) O 4> r/3OT '^ TO 00 be -,2 3 C 3 - 1, (/} O TO a> M M l-i 4-> -a . «•« a S2.2eSTOiS-Js;fl^^gg u (;ORKU»P()iNUBMC'K or Tlllv HUM. UM. MOHUIS. a 1i APPENDIX TO THE FOREGOING AUSTRAC'l'. l_Noto on column II. The nuinbcrH in the column headed " nuiuucr of fauillk's ur individuala under mnittryt^ must bo underutood an u more approximation to tho truth. They do not show the number of prcHbyterianB within any particular buunds,but the num- ber of those who are connected with the particular niiiiibtcr by contributing to his support or regularly attending his ministrations. Thus while the congrega- tion at Niagara is reckoned 400 individuals, the whole number of persons pro- fessing attachment to the Presbyterian churcii, (us I\Ir. McCiill notices in his pe- tition,) within the townsliip of Niagara, wiie?, according to a census taken in I»20, 8iJl, and Mr. McGill supposes iliey would now amount to 1000. (^—Note on columns II. and III. The columns arc intended to show that tho money promised to ministers is not always paid, and that the stipend does not always increase willi tho (presumed) improvement of the people's circumstances, 3— Noteoncolumn IX. In the above abstract, applications to Government for land aro in several in- stances marked unsuccessful, although intlic llr.st instanci! tlioy were favourably entertained by the Lieutenant Governor and Council. Congregations applying were told to select unappropriated lots, when it turned out, they could liudnont! of this description in their immediate neighbourhood. It does not appear, how- ever, that any such ditficulty was expciicnccd in obtuiriiiig eiulowments for the Rectories. Mr. Morris may remember in examining with Mr. Rinionl the books in tho office of the Clergy Reserves, with tho view of linding a vacant Reserve lot in tho neighbourhood of the townsliip of Toronto, none could bo found. But, when the Rectory of Toronto was endowed, 400 acres oi" tie linest land in Chin- cuacousy were found for it. Mr. Campbell of Urockville, states in his return, "since the settlement of their minister, the congregation have applied for a glebe. They received an order in Council to locale any vacant lot of land of iiOO acres, but every location they have proposed has been refused, although they have ex- pressed their willingnessto take any one of o great number of vacant lots*" 4— Case of special hardship. In the return from Niagara Mr. McGill thus writes — '' No aid from Govern- ment for building our church. We have rather lieon deprived by it of what was justly due to us. Our churcli was burned down duringtlie late war, while occupi- ed as a military hospital. All buildings that were destroyed while given up for the King's use, were paid in full out of the Military Chest. IJut from sonic miUign influence our just claim was refused from this source. The consequence was, that we were classed among the general sufTerers notwithstanding the specialty of our case, and the special rule acted on in similar cases; and our claim of jCGO(> was reduced to £400, and this sum was not received till the jjrcsent year, ( 1C37,) imthout intereat. Wo reckon ourselve.? therefore injuriously kept out of £200 by the officers of Government, who reported on our claims, and the interest due on £000 for more than !20 years. We beg that tho lion. VVilliani Morris will draw the attention of His Majesty's Government to this hardship." 5 — Injustice to Ministers of the Church of Scotland. The Scottish regiments in His Majesty's service, or detachments of tiie sanio, which from time to time have been stationed at Kingston, Toronto, and Niagara, liave attended the Presbyterian churches there, and the ministers of these church- es have acted ?.« chaplains to such regiments or detachments, preaching to them, attending their hospitals, baptizing children, and burying tiie dead, without any remuneration for such services. Church of England ininuters have been paid a» ■^Tfce details of these " unsin-'fessful applications'' may IirrcitfiiT form an iiistriir.livr I'liaptor in «!!6 history of lh»i Executive Council. It ia rtially ainiiHliiK to tiaco tlic .-iliifts and tiiriiH aiii tliey wt-ieindiiccil to apply 111 consequence of proiniee^ bdd out to thcin by the Lieutenant (ioveriiur. C0IUU?,8r{)N!F,NCE OK TIIR no.f. WM. MOIIRIS. iS •lin|»laiiiH, or ncliiiy rliaplnins, at thr very time that the dvty tma perfmmed by inhmttra of the church of Scotland. And while the use of the Episcopal chur- ohfia, by Iho troops in tlio nbovo mentioned towns, baa been urged as a reason for the large contribtition made by Government for the erection of those chnrcbos: the Scotch rlnirchcH linve been used by them iq the same way, and no assiBtance (jivcn towards their erection. In tlie return from Niagara tlie church session writcH thus: " our minister performed the duties of rhnplain for three years, to (letaohmonts of Scotch regiments stotionod at Fort George, and received no re- muneration; the Epiecopnl minister drew the chaplain's allowance thpugh he dis- i'bnrgnd no duty." Mr. Ilintoul nctcd as rhnplain to the 70th Regiment, in York, (now Toronto,) from Juno, lit.'}!, until .Tuur, 18dt3, visiting the hospital at least once a v.'cek, be- sides preaching on Sabbath, and other occasional services, for which he received no remuneration. Mr. Machar of Kingston could make out a still stronger case. And it in bcliovrdthe same injustice has been experienced in Montreal and Que- bec. Thursday, iOth July — I called at the Colonial Office at half past two o'clock, and was informed that Lord Glenelg had gone to the palace to attend the draw- ing room. I sent my card to Mr. Stephen, who desired the mpsscnger to inform UH! that he was so much engaged that ho could not see me, antfthat I must come some other time, whereupon 1 sent him the following note. Colonial Office, Thursday, 20th July. Mr, Morris begs to inform Mr. Stephen that he will leave town to-morrow night, and sail from Liverpool on the 24th. His only object in calling at thir> time is to receive an answer to his last letter, which Mr. Stephen promised to have ready before he set out. Mr. Stephen sent word that I might call next ^y at half past two o'clock. Friday, Slst July— I called at the Colonial Office and was informed by the gen- tleman in charge of the Upper Canada department, that Lord Glenelg had' desired bim to acquaint me that the answer to my letter of the 18th, was a despatch to Sir F. Head, which, if I would walk into his room, he would read to me, which }ie did, and said he would send a copy of it to my lodgings in the evening. Downing Street, 2Ist July, 1837. Sir — I am directed by Lord Glenelg to transmit to you the accompanying an- swer, which, by Her Majesty's commands. Lord Glenelg has transmitted to the petition to His late Majesty, of which you were the bearer. I have the honour to be. Sir, Vour most obed> .At humbje servant, JAS. STEPHEN. To Wm, Morris, Eaa. Downing Str^, July, 1837. Sir — I transmit for your consideration i,he enclosed copy «^ a petition to His late Majesty, from the delegates of the Presbyterian congregations in Canada, appointed to meet at Cobourg, which was placed in my hands by Mr. W[orri8,who' 04 CORRBSPONDKNCP. OF THE HON. WM. MOnRlti. % is acting in this couniry as agent for the petitioners. I also enclose copies of two letters addressed to me by Mr. Morris on the 13tli and ITtli inst. I have laid this petition before the Queen, and have received Her Majesty's commands to in- struct you to convey to the petitioners the assurance that Her Majesty's Royal Prerogative will invariobly be exerted in maintaining, in Upper Canada, those rights with which the churches of England and of Scotland are invested by law within the province. It is the earnest desire of the Queen that all the various communities of Christians existing in that part of Her Majesty's dominions, may unite together in the spirit of mutual toleration and good will in the diffusion of the knowledge and the principlef '^*' Christianity. Her Majesty is persuaded that .c would be supeifluous to lay on you Her in- junctions to afford your utmost support and countenance towards the completion of an object the most important of any to which your well proved zeal for the public good could be directed. With reference to the remarks whicJi Mr. Morris has made respecting the un- equal share which the Scots church has hitherto received of the assistance of tho Crown, you will acquaint the petitioners that the arrangements which have been made for the settlement of wild lands in Upper Canada, will hereafter render it impossible for Her Maje *y's Government to redress that complaint, but that Her Majesty will gladly concur in any measure which the Legislative Council and Assembly may recommend for affording to the church of Scotland, in the Pro- vince, the means of advancing the great work of religious instruction. The design which Mr. Morris conceives to bo entertained of excluding tlu- ministers and members of the Scots church from a voice in the council of King'n College, will, I am convinced, not be adopted by you. On the contrary, you will, 1 am persuaded, exercise the patronage which the law has vested in you in thai, respect, in such a measure as effectually to remove any misgivings with which the petitioners may have been affected on that head. I have, &p, LORD GLENELG. To Sm F. Head. Saturday morning, 22d .Tuly — I left London for Liverpool, and on Tuesday the !25th sailed for New York, by the George Washington, Capt. Henry Holdicge. WM. MORRIS. Agent for the Scots Congregations in Canada. The preceding correspondence of Mr. Morris happily reached the Synod dur- ing the session m Toronto, on the Slst August last, and having been read, the Synod agreed to an address to His Excellency Sir Francis Bond Head, requesting that he might be pleased to communicate to the Synod any information he had received from Her Majesty's Government affecting the interests of the church. The following was received:— Gentlemen— In reply to the enquiries contained in your address of yesterday'^ date, I have to inform you that I have last night received from H»ir Majesty's Se- cretary of State for the Colonies, a dispatch on the pubject of the petition which the Synod last year addressed to His late Majesty, by which it appears that on a consideration of the statement which has been submitted to the Law Officers of the Crown, those learned gentlemen have declared it to bo tiieir opinion that tho election and endowment of the fifty-seven Rectories by His Excellency Sir John Colborne, are not lawful and valid acts. His Lordship, however, feels it is possible that ihe statement on which the Law Officers of the Crown may have founded their opinion may bo erroneous or COIlilESl>0^'DE^'CE OF TUB HON. WM. MORRrs. •ib iloiective, and also that they may have misappreb ended the law, and His Lord- sliip has therefore directed me to invite the Bishop of Montreal and Archdeacon of York, to inform me whether they are aware of any material fact omitted in tiie case laid before the Crown Lawyers, or inaccurately stated there, or of any important argument which may be supposed to have escaped the notice of those learned persons, and that if any such error or oversight should appear to me to have been co.iimitted, I am directed by his Lordship to susr3nd all further pro- ceedings unti. I shall have reported on the case to his Lordship, and shall have received his Lordship's further instructions. His Lordship concludes by remarking that your request for the grant of cer- tain peculiar advantages to your own church proceeds on an assumption, the ac- curacy of which is yet to be decided — the assumption, namely,that the church of England has acquired a valid and lawful title to the endowments made in her favor in January, 183G,and to the spiritual jurisdiction which is supposed to be incident to those endowments. Isl September, 1837, On this subject the Synod addressed the followipf nnemorial to Lord Glenelg: To the lii^hl Honorable Lord Glenelg,one of Her Majestif a principal Secretaries of State, the Memorial from the Synoil of the Presbyterian Church of Canada in Connexion tvith the Church of Scotlana. My Lord — Your memorialists, in Synod assembled, have received through His Excellency Sir Francis Bond Head, an extract of a dispatch from Your Lord- ship, signifying that the Law Officers of the Crown have given an opinion that the acts of the late Lieutenant Governor, Sir John Colborne, establishing fifty- seven Rectories in Upper Canada, against which the Presbyterian body of this Province petitioned His late Majesty, were not valid and lawful acts, and further that your Lordship instructed the Lieutenant Governor to the following effect: " That Your Lordship feels it is possible that the statement on which the Law Officers of the Crown may have founded their opinion may be erroneous or de- fective, and also that they may have misapprehended the law, and Your Lordship has therefore directed His Excellency to invite the Bishop of Montical and Arch- deacon of York, to inform His Excellency whether they are aware of any mate- rial fact omitted in the case laid before the Crown Lawyers, or inaccurately stat- ed there, or of any important argument which may be supposed to have escaped the notice of these learned persons, and that if any error or oversight should have been committed. His Excellency is directed by Your Lordship to suspend all further proceedings until His Excellency shall have reported to Your Lordship on the case, and shall have received Your Lordship's further instructions." Your memorialists not being aware of the reasons why an appeal for informa- tion should be made to the Bishop of Montreal and the Archdeacon of York, in reference to the grounds on which the local Government acted in this instance, especially as all these grounds must have been in possession of Her Majesty's Government at the time tJie case was submitted to the Law Officers of the Crown : — Yet since it has pleased Your Lordship to make such a reference, your memori- alists, whose riglits are very materially involved in the proper adjudication of this question, respectfully crave that Your Lordship may be pleased to put them in possession oT all Kuch information as may be necessary to defend the members of the church of Scotland, in this province, from the injury that may arise from ex parte evidence. V LIT memorialists are given to understand, from high authority, that since the dispatch of Lord Goderich has been declared insufficient ground for the estab- lishment of these Rectories, that the abettors of the ' zt will alledge some dis- iJO CORRESPONDENCE OF THE UON. WM. MORRIS. patch of Lord Bathurst, in one tliousand eight hundred and twenty-five, as better authority. Your memorialists crave Year Lordship's attention to the inconve- nience and injustice that may arise to Her Majesty's subjects in this Colony, from the administrators of the local Government acting on dispatches of very old date, especially when dispatches of a more recent date are in their possession, and when the position of Colonial affairs which called forth the former may be entire- ly changed. Finally, that as your memorialists are of opinion that several of the clauses in the act 31, Geo. III. referring to the establishment of the church of England in this province, with the same plentitude of privileges she possesses in Eugland, are an infringement of the rights of members of the church of Scotland in a British Colony, as granted by the Treaty of Union, tiiey respectfully crave that Your Lordship may be pleased to advise the withholding of the Royal assent to the establishment of Rectories, until the Presbyterian body in this country shall have been fully heard in their own defence. Yowi memorialists are, with profound respect. My Lord, Your iiordship's most obedient, humble Servants, In name and by appointment of Synod, this Oth day of Sep. 1 8S7. (Signed) ALEX. GALE, Moderator. Perth, 7th Sept., 1«37. Dear Sir— I last night received a letter from the Rev. P. C. Campbell, enclos- ing a copy of the reply of His Excellency Sir Francis Bond Head, to the address of the Synod on the subject of the proceedings of Her Majesty's Government with respciit to the estabhshment of Rectories in this Province; and as Mr. Campbell requested me to write you immediately in explanation of my under- standing of Lord Glenelg's dispatch, I take the earliest opportunity of informing you, tha* had Sir Francis thought proper to put you in possession of the entire document, the members of our church, I feel confident, would have been perfect- ly satisfied with His Lordship's views and intentions which it conveys. By the communication from His Excellency the public would be led to believe that His Lordship disapproves of the opinion of the Law Officers of the Crown, and is anxious to procure information which might, set it aside. Whc/eas were the dispatch made public, it would clearly appear, that His Lordship approves of the decision, and at great length explains to Pis Excellency what steps he is to take in order to the removal of theRcctories in a legal manner. It is true that His Lordship directs Sir Francis to give the Bislioj> of Rlontrcal, oj .he Arch- deacon of York, an oj.portunity of justifying the matter of which the delegates complained. Yet when you see how this is done, and that it is in order that the parties may have an impartial hearing, I doubt not but you and all concerned will duly appreciate His Lordship's motives. As His Lordship has given Sir Francis permission to communicate fhe whole dispatch, and has told him that secrcsy is notdesirahlc, I think it very unfortunate that His Excellency should have put you in possession of such parts only of liis instructions as would seem— apart from the rest — to createa doubt of the sound- ness of the opinion in question. I would advise the Commission of Synod to apply forthwith fur a copy of the dispatch, and should it meet with a refusal, it 18 to be hoped that the Legislature will adopt early measures to procure it. The despatch of L, • 1 Glenelg of the 21st July — a copy of which marked Nu. 4,1 sent to the Convener of the commission of Synod — could not have been for- warded from the Colonial Office by Major Bonnycastlc, us that gentleman le/t London on the r.ith. I remain, he. (Signed) VVM. M(^RRIS. Rev.Aiexander Galf, Moderator of Synod. I, better iconve- y, from d (late, and entire- CORRESPONOENCB OF THE HON. WM. MORRIS. 27 Perth, 14th Sept.j 1837. Dear Sir— Your esteemed favor of the 8th inst. reached me Jast night. I am much surprised tliatSir Francis dechned giving you farther information touching Lord Glcnelg's instructions on the subject of the Rectories. This alone would have convinced mo, even had you not mentioned his private opinion, that he is lending liimself to assist those who advised their establishment, and who will re- sort to almost any expedient to sustain their unlawful proceedings. I am glad to lind tliat you are about to forward a representation to Lord Olenelg of the very singular features which the case has assumed under the management of His Ex- cellency Sir Francis; and I am much mistaken if Her Majesty's Government — constituted as it was when tlie dispatch of the 6th July was written — will suffer tlie Colonial Council to seek shelter from public censure under any other author- ity than that which formed a part of the case laid before the Crown Lawyers. I cannot believe that tliey will be permitted to take refuge behind the sanction of Lord Bathurst's authority issued in the early part of a former reign, and which can bo regarded in no other light than aa an obsolete document resorted to by the Council when every other ground of justification appeared to slip from under their feet. For I understood that no mention was made in the proceedings of Council, forwarded to His Excellency by Lord Glenelg, of any authority to cre- ate Rectories which they had received but what was contained in LordGlenelg's dispatch. Please pay particular attention to the words of the statute: — that it shall and may be l>""^ul for His Majesty, His heirs and successors, to authorize the CJovcrnor, &c. 8ic. icith the advice of the Council, tJ'C. ^c. — certainly this means the Governor for the timebein^ — notone in prospective. How could the author- ity OP GfionoK IV. IN 1825, to Sir Peuegrinb Maitland to do an act wihch he diso- BEVKD, HAVE FORCE IN 1836, DURING THE ADMINISTRATION OF SiR JOHN COLEORNE— IN AN- OTHER REION — AND WITH COUNCILLORS WHO WERE NOT IN OFFICE WHEN THE ORDER ISSUED — IP EVER IT DID ISSUE — ACCORDING TO LAW. For I am of oplnion that an ordina- ry letter from the S>^cretary of State coinmunicLting his opmion in favor of such a measure will not be considered as a comphance with the act, which, says His Majesty, may autliorize the Governor, &c. 1 hope you will send to His Lordship a copy of the reply of His Excellency to the application of tiie Synod, and at the same time explain what I mentioned in my letter to you, as contained in His Lordship's instructions, and your great mortification that Sir Francis had not put you in possession of full information on the subject. * * • * I am happy to find by your closing remarks that the members of the Synod were pleased with my exertions. (Signed) WM. MORRIS. The Rev. Alexander Gale, Moderator of Synod. Hamilton, Sept. 20th, 1837. Sir — I, as moderator of the Synod of the Presbyterian church of Canada, m conjunction with a few of my brethren, have been entrusted by the Synod, with the various documents communicated to us by His Excellency the Lieutenant Governor, and the Hon. Wm. Morris, respecting the agency of that gentleman with Her Majesty's Government in behalf of the claims of our church. These documents were committed to us in order that information of their contents might be laid befoie the parties by whom Mr. Morris was delegated to Britain, and we find tliat that information will be very incomplete unless we obtain a copy of the despatch of the Right Hon. Lord Glenelg to His Excellency, containing the opin- ion of the Law Ollicera of the Crown on the institution of Rectories in this pro- vince. A copy of this despatch Mr. Moiris was permitted to read by Ldrd 28 CORRESPONDENCE OF THE HON, WM, MORRIS. Glenelg after it had been forwarded, and in his communications to us on this sub- ject he evidently proceeds on the supposition that a full copy of it would on our application be placed at our disposal by Hia Excellency. My object therefore in thus addressing you is respectfully to submit through you a request that a copy of this despatch may be furnished to me. I have the honor to be, Sir, kc. Sic. (Signed) ALEXANDER GALE, Moderator of Synoci. J. Joseph, Esq. Private Secretary, &c. Government House, 25th Sept., 1337. Sir — Having laid before His Excellency the Lieutenant Governor your letter of the 20th inst., requesting a copy of the despatch from Her Majesty's Princi- pal Secretary of State for the Colonies, on the subject of the late endowment of Rectories, I am directed by His Excellency to state to you, that lie regrets he must decline to comply with your request. I have the honor to be, Sir, Your most obedient humble servant, J. JOSEPH. The Rev. Alexander Gale, Moderator of Synod, Hamilton. 7^htis, theit, the matter stands, and must to all appearance stand, until the Legis- lature succeed in stripping off the concealment which Executive power persists in throwing around one of its oton furtive and illegal acts, We trust it will yet nuyre fully appear in the admiidstration of Colonial affairs, that " honor— (and honesty also, though a homelier virtut)—is the principle of monarchy,^' That there should he even a su^cion that its representative is opposing himself to the revocation of an act that bears every evidence of being both dishonorable and dishonest, or even that he is shielding from merited obloquy the advisers of it, is much to be regretted. Whatever creates distrust of the impartiality of those in power, is a serious evil, because it tends to unsettle in the public mind that confdence in (lovemment which is essential to its effective administration. The preceding correspondence is now submitted to a portion of the community, as competeri us any other, to form a correct judgment upon it. It will not be denied that they merit some praise for the patient and steady temper with which they have endeavored to obtain the removal of a manifest injustice. At least the Presbyterians of Canada vnllnot forget to render due honor, both to their delegates and to their agent. But as it is too painfully evident that their work is not yet done, it may be hoped that the progress they have already made will urge them to use every means hy which their success may he rendered complete. Printed ol the Ejomincr Oflicc.-Niagiua, U. C. his silic- on our jfore ill a copy ynoc 1337. iir lettei' I Princi- 'ment of jrets he EPII. le Legia- irsists in yet nun'e id honesty ire should cation of 3NEST, or ich to be n potoer, Udence in mwdty, as be denied they have '.sbyteriana nd to their , it may be very means