> IMAGE EVALUATION TEST TARGET (MT-3) /y t 1.0 I.I ■tt Kii 12.2 I Hi uo 2.0 i M IL25 1111.4 vy /J -^*. '^r HiotQgraidiic Soences Corporalion 33 WEST MA (moaning "CON- TINUED") or tha aymbol y (moaning "END"), whichavar appllaa. Las imagas suivan<- "tant Clergy." In tho Session of 1791, George III., by Mes.sago to both Houses of Parliament, expro.s.'^ed a desire to make a permanent .ippropiiationof land.-* for the suppoit and mainten- ance of a Protestant Clerary. During the same Session, Mr. Pitt introduced into Parliament a measure to provide for the Government of Canad.i. This measuie, known as the Constitutional Act of 1791, authorized His Majesty to reserve, out of future giants of land witliin the Provinces, as well as in respect of all pa.st grants, a quantity equal in value to the seventh part of the lands .so granted, " for the support and maintenance of a Porfestat-.t *' Clergy." The Act also empowered the Impe- rir' Government to anthorizo tne Executive Gov- ernment of each Province " to constitute and erect " within every township or parish one or more par- " sonage or rectory, or parsonages or recti "cs, " according to the establishment of the Church of " England," and to endow them with so much of the land thus reserved, in respect of lands granted in the township or parish where the rectoiies were created, as the Provincial Government might judge expedient under the existing circumstances of the township or parish. In like manner, the Provin- cial Governments might present incumbents to the rectories. The Rectors were to hold their livings with "all rights, profits, and emolument.^ "thereto belonging or granted, as fully and am- " ply, and in the same manner, and on the same " terms and conditions, and liable to tho perfor- " mance of the same duties, as the incumbents of " parsonages or rect.)ries in England." Authority was vested in the Provincial Parliaments to " vary 01 repeal" the provisions of the Coiistitutional Act relating to the means of support for a Prolerttant Clergy, " and also respecting tho con.stituting, " erecting, and endowing parsonages and recto- " ries, and also respecting the presentation of " incumbents or ministers to the same, and also " respecting the manner in ivhich such incum- " bents or ministers shall hold and enjoy the " same." Any Act affecting the allotment and appropriation of the Clergy Reserves or rectories, the presentation of incumbents thereto, the mode in which they shall enjoy their emoluments, or affecting the stipends or emoluments of any min- ister, priest or ecclesiastic, was required to be laid before both Houses of the Imperial Parliament thirty days, before the Crown could signify its or THE ChCRUY RESGnVtS. H UKheiit thereto; uiul if, within tliut titnu, oithor House iiil(lree>8U(t thu Cruwn to withhold thu Royal ^MHent the Act uuulil not becomo law. Thus oi'iL;inateil the must fruitful suurco of dif*- Pdiitioii and anirnu.xity tliut han over diKtuibud thu rcjHwe of thJH Province. In Lower Canada, ow- injijlo iho peculiar circumstances (.'I that Province, liie Clerijv ileserves have not been a proiilic •tourcH (if eoutontion. The ambi^juity of the term *' Protettlant Clergy" ailmitted of a variety of iii- ter|>reIalion. Circntn.slu'.cos conspired to invest wil'i undue importance tlio legal construction of this term, and wu witness thu extraordinary spectacle of conlendin;; parlies in li'e I'rovince (lercely battliiiy;, for a j i'.eivs; of which ono-seventh, the proportion of the Clergy Reserves, is J>,t'J8 acres. I'lio ilisiribntuiii of the Reserves in Upper Canada was as follows : — Ori^inul tjHuntity of dcrgy licicrvci in Upper Canada. Eastern, Uiliict 101,791 ()tt..wtt, »7,;W7 Johnstown, 1 ll,(j-ld JJ.ithurst 151, 'JfO Prince Edward, 20.21)0 Midland 24H,8:>1> .Newcastle 27;!,tifiO Home 41.S,3;i3 Gore, 1 »ti,!K)0 Niagara, 20,450 Talbot 52,4(10 London CUS.OIl) Western, 211,240 Reservation lor the Six Nuiion Indians in the Gore iJistric*, 9fi.400 llurcn Tract, . . .T. .T.'.T .".'. . . 1 57,1 12 Total No. of acres in U. Canada, 2,395,(JS7 In Lower Canada, no Reserves were made til! niH). They amounted, in that Province, to f)34,052 acres; a little over one-third of tlie (juan- lity in Upper Canada. These reservations kept pace with the grants tor other purposes; accord- ing to tho ratio (iveil by law. They continued to be made, in various quantities, every year, with the siiiirle exception of 1813, till 1838. The legal prohibition to nnike move reserves was not in ex- istence till the passingof the Imperial Act of 1840. The greatest number of acres reserved, in Lower Canada, in any one year was 75,525, and the smallest 'i!'r2 acies. in that Province, no reserves were made in respect oi'any lands that had been granted prior to the year l'791 ; while in Upper Canada no kucIi ie>.triction was made; a quantity equal to one-seventh of all the granted lands be- ing reserved. To the dillorent modes of proceed- ing, in tho two Provinces, is partly asciibable the circumstance that, in Upper Canaila, the quantity of reserves so far exceeds that in Lower Canada. In the IMagdalen Islands, Clergy Reserves were made to the extent of 8,143 acres. We .shall now take a view of the ecclesiastical condition of the population of Upper Canada at the period when Simcoe urged whh so much per- tinacity the necessity of establishing the Episco- pal Church as the only means of "overturning a republicanism" which had no other existence than in vice Regal dreamings and desires. But first let us show from the following plain spo- ken letter from Gov. Simcoe that his object in fJJ^^ THE HUTORY AND PRCIENT POSITION wi»hiii;i to plnnt an estnldisheil Cliiireh in Upj>t'r Canada was sololy pulilitul : Extract from a letter to Hit Grar$ the Jrchbithop «*, Cantedurv, (Dr. Moork.) Wolfunl Lodge, Decnulicr30ih, ITUO. Mv Lonn, Agreeablo to "lie (.(Ter which I made to yoor Grace, wlicn I hflil ihu honmir of jnme coiivtr- Kaiion with yon, relniivo to the e^lnblishmctil of Epi«co|mcy in UpptT Cnnadn, I ialn in forntcr periods, by giving support and assistance to those causes which arc peipctually ctlering themselves, to effect so necessary an object, is much to be lamented; but it ii my du'y to be as soUciluut as pixaible, that they may now have due infu- ence, ill wish ilie proposed government to be a per- manent one; and I am happy to feel the utmost conviction, that the best moile of population, and the best line of connexion, with the United States, is combined in giving due support to that church estab- lishment, which 1 consider as necessary to promote the national religion, of which I am a sincere and humble believer and to maiiiinin the true and vene- rable Constitution of my country. (Signed) J. G. SLMCOE. Tite division of Canada into two Provinces took place in 1791. Col. John Graves Simcoe, the fiist Lieutenant Governor of Upper Canada, direeteil all Jiis elToits to the creat object ol' secu- ring the ascendency of the Church of England. To effect this object meand were employed to jepress the enerjjies and prevent the growth of all other denominations. Appealing to the fears and the prejuiatical condition of the Province, of the folly, the injustice and the dan* ger with which his favorite scheme was frauf^ht. Except the settlement at Detroit, no part of Upper Canada was settled orcullivatudtill tiieyear 1784. At that time, a reduction of several corps of Pro- vinjial dragoriistook place; nndthe necessity was imposed upon those who were discharged, of ex- changing the dword for imi)Iemenl8 of Agricul- tural industry. Most of t. tm chose for their new homes the Banks of the St. Lawrence and the rich soil of the Bay of Quinte. In 1777, the year after the declaration of American Indepen- dence, the Provinco received considerable acces- sions to its population by the influx of families who adhered to the Britisii standard, consisting of Butler's Rangers and Koyal Yorkers. The in- habitants compiised a great number of sects; a very small proportion of the whole belonging to the Church of England.* In the Eastcin District, (at that time the districts were much larger than at present) then the niost populous part of the pro- vince, there was not a single minister belonging to that Church; although 'he Lutherans and the Pres- byterians hud each a minister. The Roman Catho- lics, principally Scotch Highlanders, who had settled in considerable numbers in the Eastern part of the District, had theii Priest. The Dutch Cnlviniato in iViot r\nrt r\( tho Prnwinno mn^n <•• - .. , M. Y"" "" '••- - • - ) '■-••< •>.« more numerous tnan tlie Episcopalians. In tlie Midlan' District, where the strength of tlie Church of England principally lay, there resided but two ministers belonging to that denomination. Even there, the Episcopalians were outnumbered by the single denomination of Methodists. Many of the inhabitants, who held the large.st propeities in that District were Dutch Calvinisfs. In the Homo District there was but one Church of Eng- land Clergyman. Heie the Presbyterians were numerous. They had built a Church and raised subscriptions for the support of their own mini.ster. In the VVesfern Distiict, there was rot a single Episcspalian minister. In that District, the Dutch Calvinists and the Methodist* were numerous. The Roman Catholics here also had their Piiests. Such was the ecclesiastical condition of Upper Canada, in 17!t"i, when Lieutenant Governor Sim- coe represented to the Home Government the ne- cessity of establishing the Church of England in the Province. His views weie readily seconded by the Right Hon. Henry Dundas, Secretary of State ; who, in one of his despatclies, expressed the opinion that " Government would not be com- plete without a Protestant Bishop." Lieutenant t A very small proportion of the inhabitants of Upper Canada have been educated in this persua- sion ; [the Church of England] and the emigrants to be expected from the United States will lor the most part be sectaries or dissenters. — Report on Marriagei, and the state of the Church of Knfrland in Ujrper Canada to Gov. Simroe, by Richard Cartwright Jun., 1792. Mr. Cartwright was. a member of the Church of England, or THE Cl.F.Ki;V lU CnVEi'. (Jovernor Slrncoo intido no nccn-t of his chi'ilxhoil Ifwiro to ilirect lliu mimi mid iiioulii llit' cliiiiiiftcr to trnnsplnnt in tlie riiilsli Colonlcf on this ^ide of ilio Atliiiitii', ii Stall) Cliiiicli on nrecisoly tho if lilt' irifmit folouy, l!in)ii;,'li llit( pri'ilipiiiiiiaiit in- ' siiino footii;^ us it fxists in I'li^Iatui. Wlintovcr iliKjiu-e of till' liif-Tiirt'Iiy, lor iIil* iTiictioii of wliii.'}) j dcsj;;!! imiy Imvo li'c;i tliL'ii>lu''l by the ImpcrinI autlioritios ill nulliori/iii'' tlio nllotmoiit of Innds li*' munifubtetl tlio utiiioMl iia|)atieiioe. CHAPTER II, I \'i (.l.ji'ct (if ilio projected llcliKioUH rHliittlishmctit iiviiwcdiy [idlilirnl. — Dohign (ifiiliiriiiR Ilio Kiliiriiliiiii 'if Viiiiili uiidrr f'|)is('ci|iiil cotitnil. — I'xrlii.«i(in of i:pis('(i|uili:m Mlnistrr^ urJtiincd in tlie Unilcil ^>tntC1. — .Simtoc (w II Scciiiriiin Ailviioiito. — Ai inpt to iii- (roiliico ilui 'J'yilie Synti'm ; Iih railiirr.— lli.'rnr I'liml I'fojcct mill ptirMUod. — 'I'ho Cluirrh of llng- innd'ij Miinn)iuly of tlie right of HuUiinniziiig lAIntii- mony rcmiilH in making ilio Rlnjority of MnrringcH in r. (', invnlii', nml tlioir OnupriiiK lllo^itininti'. — i;\ii!cncc of n di-nign to Krcct a l'oiiti(;ul C'iiiircli. Anterior to Ilio passing of tho law wliich nulli- nri/ed tho making of ('ltMi;y Ucscrvcs, fJovcrnoi Simeoe luui cxproased hiriisolf in favour of iMPct- ing ill Upper Canada, an Episcopal (.'stiiMi>h- rnt'iit, suboidinato to tlio primacy of (Jii-at J5iitaiii. IIi3 advocacy of this measure was based on poli- tical motives, which were expressed with an un- guarded frankness sciircely compatible with tlio prnileiit advocacy of an ulterior purpose of such t'Vtensivo grasp and portentous magnitude. "The state propriety," says this functionary, in a letter to Mr. Secietary Dundas, Juno 'I, 1791, "of somo prescribed form of public worship, politically considered, aiiscs from the neces- -^ity tliere is of preventing enlluisiastie and fann- lic preaclicrs from acquiring that snpcislitions liold on tho minds of tho multitude, wiiicli per- sons of such a description may pervert, io tho establishment of thitir own midiio conseijuenee in the f-tate, and often to meditate, and not nn- freipiently to turn such an n.scendancy to its own injury and destruction." It was under the over- powering influence of these confessed political motives that the appointment of an Episcopalian Bishop was urged on the attention of tlie Imperial (Jovernrnent, who gave a wiLing ear to the sug- gestions of a policy, which under the pretext of religion souijht the establishment of an omni- present political propagandisra. Under tho su- perintendence of the hierarchy it was proposed to place the education of the youth of the infant' colony, alike in the common schocl, thi< semi- nary, and the university, of which the establish- ment was about this time first suggested. Ttie cha- ia|:teristic remark of Mr. Secretary Dundas that 'iie~'* did not think tho government would be com- plete without a Protestant Bishop," in proof of a complete harmony of sentiment on the subject between the advisers of the Soveiei^n in England and the Canadian Viceroy. Already had a state appointed bishop been established in the Provinr- .-'"Nova Scotia; and he would be un- reasoi.nbi" sceptic who should entertain any douk ;^;it there existed a design in high quarters for tl.e ""uppoit of a I'riite.-taiil Clfigy, ccitain it is tlint Siiucoe i;:iifoii'..!y proccnlod unon the nt sunipti- ipgiilai tidii that ih',' f'liiirch of I'liglaml was to I'O •So clostdv gnardt'd weto tho efT'.'ct ti..'< political erd fliat j,>.,..ily estuMisIicd in Upper Canada. His nr- ;;e:H ici;ue«Jl in ii':.Mird to tho aiipointmcnt of a Uisliop met a rcai'y icsptinso from tho Imprrial (lovi'inint.'iit of the day; and Mr. Secretary Dun- da" in n duspiitc'i uf tlie 2iid May, M'X], announ- ced that the Establishment of a'!?islinp's See in Canada wan iiiidur consideratiop The appoint- ment of Dr. M( untain as Bi-ihop of (^icbco soon loliowed. The laii'^Mago of Simcoc filly ji;.»ti(ies the ciinclusioii that thi- »tep was lakcii as a poli- tical measure ; will: a view "o( formins the rhar- " acler, temper, and mainuMS of the peop'o of the " infant colony. measures taken to Epi-icopalian ministers who had Iren ordained by llisliops in the Unllcd States were by law in- ea,)aeitatcd from pfrfonning any duty in Upper Canada. Tho Imperial (iovernmcnt was neces- sarily dependent lor infcMmation lespecling tho state of t!io Province chiefly nnon the Meutenant Governors, the fn-t of whom tnat camo to Upper Canada, Col. Simcoe, spoke with unliof.ndcd con- tempt of " every kind of sectaries," of w'.mm ho leprescuted that many weie liostile and none con- genial to tho British Constitution. AVilh great ailroitness he appropri:iIed the teim I'lotestatit Clergy, and sought to conlino its ajiplication, in connection with tho Beserves, exclusively to Episcopalian minister?, for whose solo use and benefit ho claimed these lands. This stylo of ticating the que.-ll.'ii runs thrcugh hisoir:eial cor- respendeiicorroni tlie year following that in which the Constitutional Act was passed. Yet it is evi- der.t to a chiso ob>e:vcr that Simroe I clrnycd some misgivings (in this poirit ; for oi one occa- sion we find him speaking of the Clergy Reserves •is likely to become, at no distant day, " a temp- tation to tlidse wlio shall be hostile tothe union of Upper Canada with sreat Britain;" and on an- (:llier, predicting '' Tiiat !lie next claim of tlie dissenteis would be a portion of the sevenths set apart for the national clergy." To maintain for the Church ol England an exclusivo claim to these lands, Simcce was compelled to descend to the trick of substituting for the term of " Pro- testant Clergy" that of "National Clergy." It is worthy ot remark that tho "dissenters" to whom allusion is bore made, were .Scotch Pres- byterians, whose clergy claimed to be quite ns national as those of tlie church of England. But it must be remembered that Simcoe spoke as the advocate of a denomination; not as the author- ized expounder of the Law ; and that his orin- ions were directly opposed to the decision subse- quently pronounced, first by the Law Officers of the Crown, and afterwards by the twelve judges of the realm. As part of a general system which an efTort A 3 .'hop McDonnell, in a letter to Dr. O'Grady, says : — " I produced the positive or- ders that they [the priests and schoolmasters] should receive their salaries ; yet Dr. Strachan and Justice Powell who, under the nominal administration of Col. Smith, Mr. Gore, and Sir Peregrine Maitland, actually governed the Province, till tliey quarrelled among thenisi^lves, resisted the jiayment of those salaries in defiance of His Lordship's orders for seven years, and obliged me to take two journies to Europe, at no small trouble and expense." ♦ Evidence of Dr. O'Grady, Roman Catholic Priest, before a Committee of the House of Assembly, in 1835. * or THE CLCROY KCSCAVRS. 15 iir^meiits by tliis binnch of tho Pio»byteriuii8 tliut tli»y Huccccdod in uxtorthigthia inuuuy uraiit from the cuHlth uf tliu Htutc. It was tliuir boast of preochiiij? not llio (Jo.sptd, but " loyulty to our King," that Holteiind tlio heart ol Mr. Siiorotary Murray to thu prompt admirtsion of thuir (daiin. Hut the iiiiNfortuiiu wa.s, that what nassud curruiit for loyalty in these days wa.s a blind adherence to tho ruling faction, wlio.se vieious admininlration of public atiiiirs wan alienating the people^saflec- tiouH from tlie mother country, ami mowing the seeds of future indcpcMidtincf. A few years pre- viously, tho United Presbyterian ministers had been made tin; victims of a duplicity which, were it recorded on authority * at all open to doubt, would bo received with univeroal discredit. In connexion with the Cliiirch of Scotland, they had jwtitionod tho Imperial (lovernineiil for pecuniary aid: by the Kirk MiiiisttMs the oriL?inal petition was suppressed, and another sub.stituteil in it.'* Idaco, representins^ only the Church of Scotland, n a second petition,. sent oil before the answer to the lirst was received, the United Presbyterians assured the Imperial Government that their claims were higher than those of the Church ot Scotland on the score of political sei vices, their exertions '< in promoting the loyalty of the people" having Iwen greater, and the lieldof their operations more extensive. They riso tried tho ellects of insinu- ating menace, declaring that a refusal to make them pensioners of state " would be to throw a *' reproach on their labours, and to create nnno- « cessary and invidious di.stinclions among His *' Majesty's Presbyterian subjects , and such dis- '»' tinctions have, in any ca.se, a most pernicious " tendency, especially in this Province." The answer to this petition having been in a great measure anticipated in the reply to the one that preceded it, its receipt was barely acknowledgeil by Lord Goderich, in 1831. Occasionally the Kirk ministers spoke in a strain still more menacing. Tire Rev. Mr. Leith, before the Canada Committee of the House of Commons, in 18"i8, distinctly point- ed at insurrection as the consequence of excluding that church from a participation in tho Rescirves. lie assured the House that the Canadian Govern- ment placed its chief reliance on the Scotch set- tlements ; and added, " but, as the Scotch are " strongly attached to their National Church, no '* course of policy could tend more effectually to " alienate their loyalty and lead to a revolt, than " a perseverance in the policy hitheito pursued '< with respect to the Chuich Establishment." Arguments of a like political cast were em- ployed by the Rev. Mr. Alder, before a Commit- tee of the House of Commons, in 1828, when he wished to make good the claim of the Wesleynn Methodists to a share of tho Reserves. To the question, upon what principle would he exclude other Protestant Dissenters, Mr. Alder replied : — ** We do not wish to exclude them, but we con- " ceive that we are placed in totally different cir- " cumstances from di.ssontors in Lower Canada, '< because the lirilish Confervncv of the Wedey- " an Cimnn.rion in accountahlv. tit (inverninent, « anil the public of (iieat Hrilain for the gimd '< behui'H)ur of nil their iiiiHtiioiKiricif, whereas " thu miiiistei.s of the dijHcnling chmclies can " oiilj give llieir own per.soiial security for their " good behaviour: tre coiu'cive that on that " ground our claim m much better than theirs.^* This arguineiil linaliy had its etkct. The Wes- leyan Alethodi.sts alterwards receiv.-d a small • The fact is related in a petition from the Piesby- tery to Sir Gecrge Murray, Secretary of State for the Colooien, duted Sept. 1, 1830, bribe from the Slate ; in consideration of which some of the leadiMs in that ilenomination put foith ° all their political inllLieiice to a.ssi;it Sir F>ancii IJonil Head in destroying the freedom of election ill 1836. 'i'he snccii.sn of tliat dete.stable .stratagem was one of llm main ciiuscs that produced the abortive iii.niirection in the following year. Foi the purpo.se of tracing directly the perni- cious etiects ot a coimexioii l>etwu»;n miiii.->ters of religion and the Executive (iovernment, we havff intentionally advanced beyond our general .sub- ject. We shall now return to the point whence we set out. Tho pioposinl sale of a part of the Reserves to the Canada Company, and the allotment of other lands in lieu thereof wa.s not a direct in- crea.se of tho quantity of Risorves. But it was intended to have the same eliect. If it had succeeded in silencing the clamours ot the Church of Scotland, which it did not, and of secur- i ng the cheap allegiance of the Roman Catho- lic prie.sts in Upper Canada ; the High Church" party might still have hoped to monopolize the whole of the Reserves, while the Engl i.sh Bishops would have increased their facilities of making their will obeyed in the Province. In December, 1826, the third scs.sion of the Parliament elected in 1824, was holding: the house took up the reply of Lord Bathurst to their address of the previous ses.sion. They declared it unsatisfactory. The interpretation put upon the Couftitutional Act by the High Church party, they pronounced contrary to the ,«pii it and mean- ing of the statute. They repelled, almo.st unani- mously,* the exclusive claims of the Ej»i.sco- palians on the ground of their injustice; and scouted the idea of " a comparatively small pio- " portion of the inhabitants of Upper Canada," as the members of the Church of England were, having the solo enjoyment of the Re.-erves. It was resolved thai the lands " ought to be dispo- " sed «)f, and the proceeds of their sale applied to " increase the Provincial allowance for the sup- " port and maintenance of district and common « schools and the eiulowment of a Provincial " seminary of learning, and in aid of erecting " places of worship for all denominations of " Christians." In January, 1827, a bill provi- ding for the dispo.sal of the Reserves for these purposes, pas.sed the Hou.se by a majority of 19 to 7 ; but it was buried in that catacomb of all popular measures, the Legislative Council. i! • The resolutions were carried by a vole of 39 to 2, 16 Tire iiUTonY and phksk'nt PoaiTiow i'J, ■ h In 1828, tlio IIoiiso (if Awmnnbly, in an ml- ihanH to llu) Crown on tlm subji'fl of Kin^j's t"olle;,'t', which was caiiioii by a inaimily oi twontj-ono to nine, >liiltHl it us "tlu- ;j;('nt'ial ** dt'siro ol H»'i Maj(!>ly*i4 rtiilyiTtr* in lliii* I'lo- " vinco tliat thi? moiu-yrt aii^niu;^ lioni tlio nah^ of '< of any of ihu laml-t in liii.s I'lovlin-o r^liould hi' '* entirely upprcipriatuil to piirjiiiMcr* of nliiL-alioii " ami of iutfinal improviMiii'nl." 'I'o L'i»'o tlitni to onoortwoilenoniiiialioMf* thu House iirlil woiiiii bd unjnst ; ami tlu-y rxpn'^.-teii a dnnbt of tlio practicability of dividinj; tlu-ni uninnu' all. Thr iroyrossof i)piiii')n on tin* Huliji'ct ainoii;.' llic ps'opie is obsi'ivaMi- in llio actioa ol the IIouhi'oI Assembly. In its lii>l scs.iion, tlio I'aiiiatniMit of 1824 80 far aHMortcil tlio principle of roli','ions e(iuahty as to pionoiini'i- in lavonr ot lui ecpial ili- vision of tlio proceoil.'' ainni;; all (leiioininationa. Next session it resolved that if such distnbiition should bo deem«^d inexpedient, they should lie applied to education and pnblic improvenionts. — la the third session, the Honsi; took another step in advance; and in IH28, it adoptiul nneondition- ally, the principle that Ihi; whole proceeds of the lands should bo applied to si)eciliod secular pur- poses. The action of the house was fully sustained by the people, who, at the Ljeneral election of 1828, returned a large niajoiity of liheral members. Meanwhile the projectcil sale of one half of tho Clergy Reserves to llu^ Canada Conipaiiy had fallen through. Tho Company received a fi-pe gift of about two huiidie(I and seventy thousand acres of Crown lands * in considi'ialion of their giving up the Clei^y Reserves f The determina- tion to sell that jioition of tlie Reserves, of which the Imperial I'arliaineut had authorised the alien- ation had not been abandoned. In Ni-v. 1827, Mr. Huskisson, who had succeeded Lord Bath- vrst in the colonial otiice, communicated to Lieu- tenant Governor IVlaitlaiid instructions to proc< ed with the sales. Those lands which formed the most serious obstacle to the settlement of ihe couutiy were first to be disposed of; tho w.-ledion being left to the Executive Council. That these Reserves tiad opposed formidable obstacles to the settlement of the country was now fully admitted ; and the great object of the aiitnation, as declared by the Colonial Secretary, was " to relieve the ''inhabitants from the ditiiculties which they " have experienced in conseijuence of the wild "lands reserved for the Clergy reinaininsi in an *' unimproved state in the immediate vicinity of <' improved tracts." To that object all consider- ation as to price were if necessary to fie saci iliced. Since the bargain with the Canada Company for a portion ot tho Reserves had been broken up, the alienation now authorized was not made with a view of substituting other lands. The recom- mendation of Sir P. Maitland's Government drawn up by Dr. Strachan in 1821, to reserve from sale in each township a quantity of land suflicient to endow three or four Parsonages was not to be • Letters on die Canada Company. wholly ovtulooked by a High Tory novernment. Accordingly the Provincial Ivxecutivo was in- strncteil to reservo from sale in each town- ship thri^u or lour hiindrei! acKis as a Glebi> for the future use of u Clergyman: another link ill tlii) chain of esiiienco which clearly estallishes a settled d; ti imination, which had then existed for more than half a century, to in- vest the Cliuich nf Knglaiul, inthis Proviiiie villi the e.xclusivo allribnlcs of a Sluto Church. CHAPTER V, ■ A crookdi! Advocnic — Muitliiml iiivukc.i liii|i(-ri.il Lcginln- tion uii tlio Cliiitrli i|iu'>liiii — Dr. .Striicliuii'ii l')i rtrxi- (iMiical rliuit ; itx fuldcliuoJ, aiiJ iu currcciivr. The appointment of a new Colonial Societary, Ml. Huskisson, affordeil (lovernor Maitland an opportunity of arifuiMg the case of the High Ciuiich party; a self-imposi.-d task which he pi-r- foimoil with the /.eal ot a partisan and temper of a l)i.riit. Blinded by the jirejmlii'es of early edu- cation, and snriouuded by irrespoiisiblo counsel- lors, whoso nariow and sellish ambition aimed to subjugate a people's will to their own aggran- di/ement. Sir P. Alaitlaml could see in the manly expressions of the ixjpular will nothing but the senseless clamours ot the mob and the uliotie ravings of a few unrcasonablo politicians. He expressed the bitterest moililication at being called on to witness such a spectacle ; ami ho announc- ed to his superior;; that his feelings were shared by tho " well disposed anil rellecting people ot " the colon}." lie ridiculed the idea ot treating as a grievance tho di'votion of tho seventh of all liie granteil lands to tho maintenance of an army of Episcopalian Clergy. His great argument, and that of tho Legislative Council for nearly twenty years, was that " for ihiity years no one ever licaril •'or thought that the teachers of any religious "sect, dissenting fiom the Established (Church, "claimi^l a right to paiticipati- in the Reserves.'* This assumption, were it uidisputabL', which it is not, wouid not be of the slightest iinpijitance. VV^e could not accept the absence td a claim on the part of other deiioniitiations to share in the Re- serves, when there teas no rvvi'iiui: to diridc, a» prMt in thcio eoloiiics ini;,'ht bo Hot at r •^t l>y tho Inipo- rial Pariianioot ; asMiiiniti;;; that tho Kn>;li,sh bishops woulii Im! ablo to hustuin tho claim ot tho F'.piscopal Church to tho wholu of tho lantls. For a time the Imperial (Jovornmoiit liMlcnod to thin tiig^pstion, and Hpoko of an alteration by tho Imperial Pailiainoiit of thcso provi.-.ion,>( of the Couslitutionul Ac! whicii rolatod to tho Koaerves as a possiblo contingency. Ill 18'27 Dr. Strachan made a sncond journey tj England, carryinjj; with him a second Kcclewi- aijlical chart of tho Province, which, with an ac- company inj^ lottor ho laid before tho hon. H. J. Wilmot HortoM, under Secretary of State. Tho letter was romarkablo for tho wamo features — !j[ross misircpresentations and unfounded insin- uations — that marked the two documents drawn 1>y the same hand, and intended to serve tho same purpose of detieption, in tho yi'ars 1823 and 18-21. It represented that the f,'reat- est anxiety ex ist(ul on tho part of the ponula- tioii to avail of tho settled ministration ot tho Episcopal ClorH;y ; that every miniotor, if of mild and conciliatory disposition, was sure to find tho respectable part of tho inhabitants among his coimrogation ; that thyro were already one liun- ilrod and fifty townships whore as many clergy- men could bo usefully employed, and that in loss than a dozen years double that immber would be requisite, llo coutriisted unfavorably other de- nominations with tho Church of England ; and, with a view to political ofFoct put forth state- ments, as groundless as they were ungenerous. " The teaclicrs," he says, " of the difTerent denom- inatfons, with the exception of the two ministers of the Church of Scotland, four ('ongrey;ationalisls, ami a respectable English Missionary who presides over a Wesleyan Methodist meeting at Kingston, ure fur ilic mo$l part from the United StiUcs, where they gather their knowledge an I form their sentiments. Indeed the Methodist teachers are subject to the order of the Con- ference of the United States of America ; and it is manifest that the Colonial Government neither has nor can have any other control over them, or prevent them from gradually rendering a large portion of the popu- lation, by their injluenre and i,i>itructions, hostile to our institutiont, both Civil and Religious, than by in- creasing the number of the Established Clergy." He presented the reverse of the picture, in such colors as were calculated to captivate the high Church nobleman who held the seals of the Colonial office : — " Two or throe hundred clergymen," he went on to remark, " jiving in Upper Canada, in the midst of their oon^iregations, and receiving the greater portion of their increase from funds deposited in this country (Kii|{land), nniitt attach still more intimately the popu* lation of the Colony to the I'.nent Ktute. 'i heir inlli;- ence would giadnally spitsid ; they wuii' into the inhabitants a tone and fcclniutMiliicly l''.n^li»h,nnd aciiviring by degrees ihe directiun nf tlinatinn, whiih th''. Clervy of England hiiri' nlwmjs iiiiisii:i(,t,\\\e very tirMt ri'clini;s, leiitiniunlM aiidophiiitnit of the youth mutt bicome Uiitiih." This appeal like all tliat had jirt'cch d it, held out to the Imperial (iovcrnmi'iit the assumed piilitii'iit advantages of a stntt; Chinch. Tho de- ception was so far imnntdiately succcsslul that Dr. Strachan secured a Hoy.i! Charter for an Uni- versity, framed on tlitj nandwcst [iriiiciples of high Cluirch economy. The odinii^ intuhtranoe of this oxclusivi' charti-r gave hm- ti a gencrar ilissiitisfactiou with tlu> Instituti >ii, which, after a (jnarter of a century of |)ul)lic complaint, has been ilivested of its more repulsive features. The falsity of the alIo;ratii)tis contained in Dr. Strachan's letter was fully olablisiied by tho Upper Canada Ihtuseof Assembly ; wlio, in 182S, passed an address to tins King, piayiug for thi^ cancelling of Iho exclusive chaiti-r obtained by tho most fraudulent misrepresentalii)ns, and the Hubstitution of oni; unobnoxions lo the objection ol being capable of benelitling only a small poitioii of tho iKipulation. The address contained the following refutation of tho ta'sa aiul slanderous statements and insinuations above quoted from Dr. Strachan's letter: "We beg leave tf) inform Your Majesty that of Ycur Majesty's subjects in this I'lovincc, only a small pro- portion are members of the ("hurcli uf ]v. inland; and there is not any ju-culiar tendency to that church anions the people, iind that nothiii;; ooul I cause' mo.'e alarm and grief in their mhuU, than the a|)prehcnsion that there was a desiijn on the part of your Majesty's Government, to estahlih, as a part ol the stale, one or m .re church or denominations of Christians in this I'rovincc, with rights and endownien s, not granted to Your Majesty's subjects in general, ol' other denomi- nations who are ecpially cDiistieiitious mid deserving, and equally loyal and attached to Your Majesty's Royal Person and (joverninent. In Ibllovvinj; honestly the dictates of their conscience, as regaids the great and impoitaiit subject of religion, tho lutler ha\e never been conscious that they ha\e violated any law or any ob'igation of a jjoo.i sniiject, or done any thing lo for- feit Your Majesty's favor and pioteetioii, or to exclude themselves from a participation in tho rights and pri- vileges eiijjyed by Your Maj'-sty's other subjects. " We humbly beg leave to assure your .Majesty that the insinuations in the letter against the Methodist Preachers in this I'roviiiee do much injustice to a body ol pious and deserving men, who justly enjoy the confidence, and are the spiritual instructors of a large portion of Your Majesty's suhjects in this Province. We are convinced that the tenilency of their influence and instruction is not hosiile to our institutions, but on the contrary is eminently favorable to religion and morality ; and their labours are calculated to make them better men and better subjects ; and have already produced, in this Province, the happiest cfTects." The ecclesiastical chart was eijnally false and deceptive in its statistics and its studied omissions. To it also a corrective was applied by the House of Assembly. Dr. Strachan's chart gave tho B 3 ,i Tirr IMRTORY AND PlietKNT ^IITroN i.'iiiilN!r of Kni.tciipiiliiui inirii-^tiri iit :ii>riilion, their |)lii(;rii ot vtnri^liip wIhtm ri'^^iilitr nr nriM.'^ioiial nurvicim wen' hi'lii lit M, iiikI tliij ('liiiK'liD.-i lit 11, 1)1 wtii<;h 10 wiro iit ciiiirsit III liiiililin;^. 'Hk! Ai«M'iiilily'H niirci! tivi) fliiirl ijiivu till* iiiiiiilicr iit fpt^M-opaliiitt iiiiii- iitiTH at ill, llii'ir riiuirlifi :iH, uiid tin; pliu-fn ii^ WoimImi) wliiTr iMca.sitiiiul NCiviri! was lii'ld at HO. 'I'liit i'){iiHcii|iiiliaii rliuit ;{avi' til)' Kiik ot Siiitliiiiil 'i iiiiiiis!ris, 'i vaniiicii's ami t Cltiiicliur*. 'I hn AiMoiiililyV cliiirt i{avt> tln'iii (> iriiiii^ti'i'^, Imt of cliiii'i'hi's it ciHilaiiiiMl III) rrtiirii. 'I'lii' Kpirtcopu- liiiii cliart ;rav() tliii Mi'lluMlints niv |ircitclii-iM, wliili* till) afliial iiiiiiil';.'! vviih 117; ami \vliili> it Jiaiiicd III) plari'N dI vviiiHlii|i titc) had ii'i.') whiTM rojL^uhir, uinl l.'tO vvIumh iK-ca.-iiiiiial mMvii'i* Was liiul. 'rhi> liajitiHt't wlio hiiil Ifi iiiiiikHtiMs, llio I'roHliyli'riaiiN, not in ciMiiicitioii with tlii> Chuivh of Scotland, who had 1(>, tht* Mt'iioiiists uiid Tuiiki'is who had 'Hi, iih widl as thti laitlieraiis, QtiakciH and Hoiriaii i'alholivn, \vim'i> all iLrnniud in this rainoiis )■(>i■ll■^ia^«tical chait * ot lOpiscopii- liun inanutartine. Ot Ihi) i<4>i(KU)i)aliait iiiinis- tiMH (lilt) third had iiritii «-diicatt'd without tim British ilominiiiiis; of tliu Mi.'thodi.Ms 8!> ; ol thn Itaptists 'J.S; i»t till' I'rt'Hliyti'iian.s II; ol tiiu Kirk ol Si-ollaiid l. 'J'Ik! K^»i^H•lH)aliall iniiii-.ti'i.s weru indoi'd all iiatnraii/i-d ; whu-h wiis not tliti caKi' with Moiiu* olhiMri: licli)n;{iii' tlu'ni nva no urturim fioin iho dillcr- otit (icnoiiiiiiation.s; Imt of thu wlioh^ population tho Church of Knirland comprised hut u niiuiII projKJrtiou. A pt'tition Mi^iu'd l>y 8,000 ptusons was sent to England to disprovit thu inisMateinents with which Dr. Strachan iiad Mucccoduil in ducoiviiii; t!io Imperial i;ovt«rniiuiioral prospects of the Church of Kncllcd — I'oitilion of lh« ipieiilion in 10;il iiiiil in 1U51 compared. Sir .lolin Colborno succetHled Sir P. Maitland Lieut. (Jovernor of Upper Canada in 18'i8. I'hu lirst autiiiii he took on the clur<;y reserves wa» to recommend a wholosalu creation of glebes for the support of Episcopalian Ministers. \\o assured the Imperial (ioveriiineiit that of the whole pop- ubitioii of Upper Canada there were few individa- als who objected to visit the nearest idiurch what- ever might be their creed ; and tha% in the woods, it was a frequent occurrence to meet with families who belonged to no church, and had scarcely over heard of religion. He did not cunreal the apathj and indilfereiit character of the Episcopa- lian Miiiislers; but frankly admitted tlint^ifa *'moro ardent zeal bo not shown by the estab- "lished Church, and a very ditrerent kind of " Ministers than that which is generally lo be "found iu this ('rovince sent out from England, it " is obvious that tlie mcmbeis of the established ♦'church will soon b« inconsideiable, an " that "it will continue to lose ground." Ilow truly has thi» prediction been fallilloil I He repealed those political arguments which had been so fre- (^uently addressed to the Imperial Uovernment by the advocates of sects seeking pecuniary sup- port from the State. He exaggerated the intiu- ence in tho elections of the Methodist preachers of American origin, and proposed a sclieme for supplanting them by the appointment of itinerant Episcopalian minister.";; citing as proof that the proposed competition would be successful the, perhaps imaginary, case of three or four townships ♦' where the clergymen are lit for this Province, the Methodi.->ts decrea^*;." The demands of the Presbyterians he opposed, on the ground that their sutisfactiun would lead to a like claim from all other " dissenters." He suggested the adoption of a mejisuie lor placing the reserves at the abso- lute disposal of the Ciown, the proceeds to be distiibuted for the support of a Protestant Clergy by the Imperial Government ; the object being to place them beyond the control of the Provincial or TUB CLRtnv RKNKHVKM. to kliHii 1)111. iN|)iwitroii U ihin— Kfirc » AtHi'inliljr ioveriiiiiKui iiul recuiii- 'own ahio- tlio ll\OW- It WM (In- uli'il— Wliy ir (.'anuUn — iitiun of tli« Maitland ^ in 18'i8. )ei vos wa» ylobus for iu Hsiiured ^holu prp- 1 irulivida- ircli wliat- tlie worlds, th fiimilies d acaroely Dnroul the Episcopa- tlinl " if a the ostab- it kind nf ally to be iigland, it ^stablislieil . an . that [low truly le repealed leeii 80 fro- iuvernmeiit iniary sup- the indu- preachera isclieme for of itinerant )uf that the eisful the, I townships 9 Province, lands of \\» id that their n from ail te adoption at the abso- eeda to be tant Clergy ect being tu Provinxriai Lei^ishilure ; by tiin popular briinch of which a du«iro hiid IxM'ii mo tiftun exprxsHUii to dovole them to sfcular ohjuotit of I'rovincial utility. In the two m'Msioimof (H-jO and IH,'<() bilU were iHMNud uiiiiiiiiaoiiNly by tlio AnHombly to provido 01 thu milo of pint of thu Hkmi-i v«>n luul to apply the proctH*(lH t<» cdiinttion. Th« bill of l^^ii* wis Aunt up lo tint Lt>)^i.slaliv() Ooiiiu'il ; wliuru it was road u lirst tinio on thu !Hh Mun-li, niui ordcrt'd to bo road ii Nccond tinio in tliroo inoiitlir^, Tho bill of IH.'i(t wiiH itsul 11 liiHt tiinu in the Coiiiu-il, and iifvor a^uiii rt-fi-rrtMl to. In \K\{), Mr. Mac- konxio iiitriidiUM'd into thu A^iicinbly ruMoliilioiis, disupiiroviiiji; of thu apnoiiilint'iit by thu Exticu- tive (iiivurniMcnt of ii ( hiiK^h ot Kii'(laiKl Chap- Iain, without conrovernor adopted praying that the Chaplain raiyjht be dismissed and no other, in fu- ture, bo appointed. The address was transmitted to Lord (Jotlerich, who, on the part of the Imperial Government, nc(^uiescud so far us to promiso that in the event of the chaplaincy becoming vacant, no new appointmunt should be made to the of- fice ; but expressing a hope that tlie uxistirg chaplain might be allowed to receive his income for life. The prayers he deemed unimportant, if the cash they Drought should continue to be paid. Since then tlie House has had no Chaplain. In 1831, the Assembly, despairing of obtaining the assent of the Legislative Council to any mea- sures it might pass for the secularization of the Reserves, first referred the question to the Impe- rial Government for settlement. An address was adopted praying that His Majesty would recom- mend to the Imperial Parliament to pa^s an Act for authorizing the sale of the Reserves and ena- bling the Provincial Legit.lature to appropriate the proceeds to the advancement of Education. About a month previous to the adoption of this address, the Imptvrial Governmeat had resolve*! upon the abandonment of the Reserves ; in a manner and for reasons with which the reader will soon be acquainted. Tin- proeueili accruing fimn the sales of Clffrgy IteKerves wuru(A|iiil ltl3l) diiin ted lo ho paid over 1(1 thu ('i)iniiii<.Miry (^Diier.d loi invedliiiuiit in llritirth funds. Thu lit. t Mum ko pnid wns in 18.'il ; umouiitiiig to XHtMHi, Cy. The Lieiileiiaiil (tovcinoiH ut each I'roviiieu drew bills o. tho Treasury UepailnuMit, «ii neiMiiint nl divi 'enda from tiie.Stoeli so invested in three per cunt, cuii- solidatud atiiiuities. The (^ornmiltue 'if the House of rommoin ap« piiiiited, in IN'JS, to eiKiiiiin into tliu civil govern* meiil of Ciinailarepoitinl iigaiuxt Cdiiliiininglhc re- servation in Moitmain of liie htmlA lor tliu support of a Piolunlunt Clergy ; cliielly on llie ground that they imposed serious ol).Hlai'l(!.s to tliu iint>rovenriei t of tliu Colony. I', wns in (lelerence lo tlii<* reeurn- .nemlation, rutlier than to the riei|iiently express- ed dcsiies of the Upper Canada ilon.ru of Assein- lily and the petitions of the Canadian pi'ople, that the Imperial (Sovcrnmeiit, in I8.'tl, leedinmeiided tliiit the Clergy Reserve.-* slKiuid be eaiKiid to re- vert tu the general desmene of thu C'rown. In the previous year another petilion, signed by I(>,0()0 persons, had been sent home, praying that the proceeds of the sales might be aoplied to the promotion of ((Jvermneutobtaineil the confidence of the Corrrmons House of Assem- bly. It is easy to conceive the dilemma in whic^ the high Chuich placeman in the Courrcil woulc have found themselves had the bill reached thai House. When the qirostion of goirrg into Com- mittee on Sir John Colborne's Message came up in the Courrcil it was ordered to be discharged, arrd to stand on the ordei of the day fo.- the next day ; but it was never taken up. On receiving intelligence of Sir Jonn Colborne's premature prorogation of Parliament ami the de- lay of the bill, Lord Goderich withdrew his in- structions respecting the stoppage of the sale of the Reserves ; and authorized the Governor to sell such quantity as ho should deem proper. In the next Session, held in November 1832, the Attorney General again moved to introduce the bill. Mr. Perry moved irr ameirdment that 60 nmch of the order of the day as related to the bill be discharged ; which was negatived on a vote of 1 1 against 17 : the (piestion for introducing the bill was carried in the alfirrrrative on thci same division. Mr. Perry had aheady introduced a bill for the disposal of the Reserves ; a circum- stance w liich explains his oppositioir to the min- isterial measure. Neither bill proceeded beyond its lir.-'t stage. The Governmeirt measure was never brougiit up agairr. Had it beerr a valid ex- cuse for dolayirrg the measuie in the previous Session that its introduction unavoidably came too late; no such reason could bu urged now; and yet the bill was never pushed beyond a first reading. Whether the Imperial Govern- meirt acted in good faith, or merely with a view of iirducing a belief in His Majes-ty's " great anx- " iely to attend to all que.-tious which appear to " allect the prosperity aird well-being of the Pro- •' vince," as Lord Goderich expressed it ; all the evidence goes to prove that the Cairadian oligar- chy wished to doleat a measure vvhich the Impe- rial authorities had recorrrmeiided and of which Ihe great majority of the people anxiously desired the success. 22 THE HISTORY AND k^H^sCNT POSITION I ! I ' o .In ' ' » ■] u ,q 1.; lilt In the Lojjisliiture of Lower Camilla, the same bill was iiitroiluced by tlie Attoruey General of that Province ; and its lUiinre is ascribed to some expressions used by Solicitor General Ogden, to the ellect that tiie Imperial Government would reject it, if altered in a singio word from llie draft piepared in the Colonial oilice. This menace, which the Imperial Government afterwards dis- claimed, was regariled by the House as an un- warrantable dictation and interference with its privileji'es. The measure was never afterwards revived. In 1835, the Eail of Aberdeen, then Colonial Secretary, alluding to the previous action of the Imperial Government on tlie question claimed that tlicy were " completely absolved "from the responsibility thrown on them by the " Canada Committee." Again, at this period, the Imperial (lovcnimien: invited the Legislature of Lower Canada, to re-consider the question ; having disavowed the int'.;rpretatioii of tiieir in- tentions by Mr. Solicitor General Ogden. But, for some reason or other, the question was never again brouglit before the Legislature of that Pro- vince. If any degree of State Church temerity could excite surpiise it would be that wretched pre- tence of a vestetl right in the Reserves which fei Vi.'s there had been a vested right wouUl tiie Impirliil government, holding the principles of Lord liiMlerich, have invited the Legislatures of Upi)er anil Lower Canada to con- tiseate, in a time ot prifound peace, and without any condition, 2,3y5,(>00 acies of '.and ? The bare gupposition is monstrous. The truth is, those who contend for the existence of a vested right in these lands, do so in opposition to the Constitutional Act and the views of the Imperial Government promulgated twenty years ago; while by 'nipli- cation they treat Lord Goderich and his colleagues as prerneJitatud plunderers of the Protestant Chun lies in Canada, and William IV. as their guilty accomplice. It is not a very encouraging reflection that the question is nosv in a worse position than it was twenty years ago. In 1831, the Legislatures of Upj)er and Lower Canada were "invited" lo pass bills for reinvesting the lands in the Crown, discharged of all trusts. In 18.51, we have the promise of the Colonial Secretary that the Im- perial Government will, at its next se-ssion, re- commend to Parliament a bill to authorize the Canadian Legislature to d*.al with the question as it shall see fit, under a pailicular restriction first named by the latter authority ; or in other words, 'U... right which we actually possessed in 1831, may again be in oin- possession in 185:2 or 1853. How the question came to be thus embar- rassed may be more fitly iliscusseil when the proceedings of the present Parliament come un- der review. CHAPTER VII. SystPin of private correspondence lietvveon the Upper Cnnnda Governors nnJ t\w Colonial office — Lord Goderich buys iind sella t?io out.sido dcnoiniiiatiunt with funds from the Territorial Itcveniie, that hs might keep the Ucsorvea Koveniic for the Church of Englitnd — The Preabyteriuns, like Oliver TnUt, asking for more. Between the Colonial Secretary and the Lieu- tenant Governor a system of piivate and confiden- tial correspondence was carried on, developing the real objects and intentions of the parties in reference to the question of a dominant Church, while co-teraporaneously there existed the regu- lar official system of public despatches display- ing such diplomacy as might best appease tb« iliscontents of the Province by deceiving the peo- ple as to the real state of the question. On the very same day that Lord Goderich wrote (Nov. 21, 1831) two public despatches detailing a scheme for the surrendi-r of the Reserves to secu- lar purposes, he wrote a third despatch* author- izing Sir J. Colborne to apply, in the yefir 1832, X6000 towards the maintenance of the Bishop and other Ministers of the Church of England in Upper Canada. Of this sum £1.5()0 was to be paid to the Bishop; nearly £1000 to the two Arch- deacons of Kingston and York, and X3,500 to cer- tain Episcopalian Ministers who took the name of Missionaries, for the purpose of making good their claim to share the bounty of the Society for the propagatijn of the Gospel in Foreign pr.rts. Colborne appears to have carried the sys- tem of private correspondence to a greater extent than any of either his predece-ssors or succes- sors. To Lord Goderich, Mr. Stanley, and Spring Rice he successively adilressed this species of communication. But the mere inscribing on offi- • This despatch la not among the Clcrsy Reserves papers published by the House of Oonamons in ItiiQ, or TUB CLKHflY RESIRVSS. 23 1 cial communicationa of the words " private and contiJential " cannot invest them with the sa- cred and inviolable character attaching to com- munications which in addition to being so mark- ed are in thuir nature private and confidential. The Houee of Commons acted on this view of the matter, in ordering the publication along with the regular ofHcial correspondence of some, though not the whole, of Sir John Colboiiie's "private and confidential " loiters to the different gentle- men, who, during his official terra in Upper Ca- nada, held the seals of the Colonial office. What .emains behind it is of course impossible to con- jecture ; althounfh it would be difficult to imagine oil what principle a portion of this private official correspondence is withheld whiie another por- tion is published. In a private letter of the 24lh of Feb., 18;<2, Sir John Colborne communicated to Lord Goderich the condition of the Clergy Reserve Fund ; ami recommended the application of a portion thereof to the buildingof parsonnges or rec- tories and churches. He also developei'. a scheme for the establishment and endowment of rectories in ever" Township or Parish. The amount aris- ing fro 1 the Clergy Reserves iu that year was £4800; consisting of interest on instalments payable, the rents of the lands and the dividends from the funds invested in British Stocks. Lord Godorich, in reply to Sir J. Colborne's private deapatrh of Feb., expressed a qualified concur- rence (in a communication* dated April 5, 1832) in the daring project, which had been secretly communicated to him. Wp quote the material portion of his reply : " A question therefore naturally arises ss to the most advatitageouii mode of disposing of the £4000 to be ta- ken out of the Casual and Territorial Revenue, which had been destined to this particular service, and which will no longer be required for that purpose. I have considered with great attention the obs'Tvations contain- ed ' your private ktter f of February KJth, and the propositions which result from them ; and I am happy to find that your practi:al views, founded upon personal knowledge and experience, are so coincident with those which upon a more speculative view l.had been led to entertain. Iqtiite conatr with you in thinking that the greatest benefit to the Church of England would be de- rived from applying a jiortion ut least of the Funds un- der the control of the Executive Government in the building of Rectories and Churches, and 1 would add, in preparing, as far as may be, for profitable occupation, that moderate portion of land which you propose to ag$ign in e irh Tmmship nr Parish for increasing the futuie comfort, if not tht complete maintenance, of the Hectors. vVith this view, it appears to me that it would be most desirable to make a beginning in this salutary work, by assigning to it a portion at 1- ast of the X400U to which I have before alluded, as being no longer re- quired, (during the present year at all events) for the * This despatch was first published in Canada by Dr. Ryetson, by whom it was copied in the Colonial of- fice, as private ; but it is neither marked private nor confidential in the Clergy Reserve papers published by the House of Commons in 1840. Dr. Ryerson also erroneously dates this despatch April 6, 1833 ; the ac- tual date being April 5, 1832. t This letter has never been published. payment of Clerical salariis. I say a poifion of this sum, because 1 nm led to think that it would be ejepe- dient, with a view to prevent jealousy and attempts at intcrjferencc with this Territorial Fund, lo permit some part of it to be disposed of f'r religioun objects generally, without reference to the parti>'u!ar mode ot belief which certain classes of the community may entertain. Some of it mi^'ht for instance, be applied to Churches for the Presbyterian, some for Roman Catholic Chapels, and some for the Methodists — paiticulariy that portion ol them who may be in communion with the Wesleyan Methodists of this country. It is obviously impossib!? to think of aiding every subilivision of religionists, whose varieties are tiio indefinite to enumerate; and I feel that even with respect to those classes to which 1 have alluded, I cannot well undertake to prescribe to you from hence the exact proportion ol' assistance which it might be fit to grant to each. jL' lUOO in the whole will be dis]>o8able ; and I willingly leave it to your discretion to decide as to the prd^urtionate distri- butinn of that sum. 1 am well aware that in the exe- cution of this duty you will have to steer a difficult course, and that it will require no small tact to deter- mine by what practical means these important objects can be best attained ; the diffusion of religious feeling and motives of conduct is the great point to be aimed at, and His Majesty's Government must naturally feel anxious that these should be as extensively at possible in union vnth the Established Church of this country ; but it cannot be forgotten that the condition of society in such a country as Upper Canada presents difficulties in the pursuit of this object which are very serious, and that a state of religious peace is above all things essen- tial in establishing in the minds of the people the efiica- cy of religious principles. Whilst therefore 1 admit, without reserve, my own extreme anxiety for th« widest extension of the Church of England in Upper Canada, I feel it to be scarcely less important earnestly to urge the inexpediency of seeking to promote that grsat object by aiming at the exclusion or repression of other Churches. " I communicate to you these sentiments on the part of the King's Government with an entire reliance upon your judgmeiit and coiiuiiler.ce of views ; and th« E resent temper ■ " the majority ol" the House of Assem- ly, together with the incieasinj/ prosperity and gene- ral tranquility of the Province, encourage me to ei ' -- tain a sanguine hope that the pres-^iit opportuui.^ , .. wisely and judiciously used, may lead to the most im- portant and beneficial results." A postscript is adilud which shows that the con- currence expressed, in the body of the despatch, is only in the general vit.'vvs of Sir J. Colborne; and is not to be taken as spLcilic authority to dis- tribute the £4,00(): before that step was taken Lord (iodench claimed the right of considering any suggestions on the subject that Sir J, Col- borne might have to offer. Accordingly, on the 5th September followhig the required suggestion;? were transmitted to Lord Coderieh. The sum that would be available for ilistribution at the end of the year, on the estimate of Sir J. Colborne, was £4,600. He recommended that a sum of £3,>')00 which had been authorized to be paid to the clergy in lieu of the grant formerly voted by the Imperial Parliament, might be paid from this source ; and, as the revenue from leases and sales would annually increase, that all the ex- penditure in preparing glebe lots for occupation, and in building parsonagejj or rectuiies might be ■I '1! 24 TIIK HISTORY AND PRSSENT POSITION defrayed therefrom. The discontinuance of the allowaiieeh previourily granted by the Imperial Government to Epi^^copalian ministers in Canada, and making them chargeable on the proceeds of the church lands was stiiclly in accordance with llie plan laid down by the Duke of Portland in 17l>b ; and it proves anything rather than an in- tention to abandon the scheme contrived some forty years previously, for giving thb Church of England a position of doininancy in this Province. Sir J. Colborne also recommended the payment of £1(K) a year to each of the thirty " mission- aries" of the Church of England. He had al- ready received from the Imperial Government in- structions to take measures for securing 600 acres in each of certaui townships lor the support of Episcopalian Ministers. In these townsliips it was intended that the rectories and churches should be built. The lands were apparently in- tended as endowments to the proposed rectories. Nor was it deemed prudent to overlook the al- leged political services of the Presbyterians, of whom the two bodies — those in connection with the Church of Scotland, and those who owned no such connection — had vied with one another in proclaiming the extent and value of this kind of service which each had rendered. While, there- fore, Sir John Colborne recommended a subsidy of X900 to the Synod established by the Presby- terians in connection with the church of Scotland, Lord Goderich, in accordance with his avowed policy (f resorting to expedients to prevent all attempts at interference with the Reserves tund, directed the payment of £700 to the Presbyterian Ministers not in connection with the Church of Scotland, to be applied in such a way as should meet the approval of Sir John Colborne. The Wesleyan Methodists, too, had so trimmed their course as to ensure the recognition of the claim they were anxious to enforce ; and they therefore could no longer be overlooked. The Conference had resolved S3 to alter their disciplinary system as to make it agree in all its parts with British Methodism ; to abolish Episcopacy ; to place the whole of the Indian Missions under the exclusive direction of the Lower Canada Missionary Com- mittee (which was under the controul of the British Conference) : to refuse, in future, to ordain to the ministry any one who continued to pursue a secular calling ; that the British Conference should Fend to Canada such ministers as it should see fit to appoint ; that Kingston, bein-; the central station between the two Provinces, should be exclusively occupied by a Missionary from the British Con- ference ; that the propiiety of continuing camp meetings should be seriously considered ; and that the Christian Guardian phould in future be an exclusivel) religious journal. The Canada Coiirtrcr.ee appointed the Reverend Egerton Ry- erson to proceed to England and arrange the de- tails of the whole matter. * For this extensive surrender of the right of independent action Sir John Colborne considered the Wesleyan Metho- * Rev. Mr. Alder's confidential communication Sir John Colborne, August 27, 1^132. to dists entitled to the pitifid sum of £900 a year; and Lord Goderich was but too glad to prrchasc, at such a price, their acquiescence in his schemes for agrandizing the Church of England. Sir J. Culboine had adduced as an argument for taking the Wesleyan Methodist Ministers into the pay of the State, that the influence of the British Con- ference would be exerted in promotiiii; <'confi- " dtnce in His Majesty's Government.'' In fact, ill every case in which a grant was made to any denomination, by tiie Government, the Imperial authorities were inHuenced by political motives ; and in most cases exacted a pretty good guaran- tee for political services in return. The Reverenil Egerton Ryerson, who was himielf the agent in arranging tlie details of the scheme by which the Wesleyan Methodists became entitled to this grant, afterwards alfecteil to condemn Lord Goile- rich for this scheme of Episcopalian agrandize- ment ; which consisted in buying up the other de- nominutions who were important enough to be worth the purchase. The censure came with a bad grace from this source ; for a denomination which hand itself accepted a bribe from the State had no right to complain that it was outwitted by other de- nominations whose share in the transction was not marked by the turpitude of surrendering any prin- ciple which they ever professed to hold. Among his recommendations. Sir J. Colborne placed for the Roman Catholics a sum of £900, to be expend- ed under the direction of Bishop McDonell, by such trustees as he might name, for the erection of Cliapels. The Lords Commissioners of the Treasury, on the recommendation of Lord Gode- rich, sanctioned all the grants proposed by Sir J. Colborne including £600 a year to the Canada Methodist Conference which had, some years pre- viously, separated from the Episcopal Methodists, and had sought to become participants in the giants doled out by the Government. The grants to the Presbyterians, the Roman Catholics, and the Methodists were directed to be paid out of the territorial revenue. Lord Goderich's plan for aggrandizing the Church of England having succeded so far, he might with some appearance of truth — but with little beyond the appearance — turn round upon his accusers to repel the charge of showing undue preference to the Ministers of the Church of Eng- land ; an advantage which he did not fail to take : " With respect,'' he says, " to the charge of showing iiiulue prelerence to the teachers of religion belonging t,)the established Church of this Country, it is so utter- ly at variance with the whole course of policy which it has been the object of my despatches to yourself [Sir J. Colborne] to prescrilnj that I cannot pause to repeal it in any formal manner. • • • His Majesty has studiously abstained from endowing literary or other corporations, until he should obtain the advice of the Representatives of the Canadian people for his guid- aiice*''-f t The precise date of this despatch we are unable to give ; as it does not appear in the Clergy Reserve pa- pers published by the (louse of Commons in 1840. Dr. Ryerson in publishing it in the "Guardian" in 1839, dated it Nov. 8th, 1832, but we have so often found his dates erroneous that no reliance can be placed upon them. ofth OT TRK CLERGY RESERVES. -3i 1 can Hitherto this despatch has been troatod as one of the class of communications intended for the public eye ; while that (pioteil above, of the date April 5, has been regariled as belonging to those intended to be private and confi^luntial. We incline f') rcL^aid b. That the King hail not actually endowed any Rec- tors as corporations sole is also true ; but tliiil ho intended to await the advice of the representativ es of tlie Canadian people for his guidance in this respect, is totally at variance with the fact that 600 acres of land had been directed to be set apart in each of certain Towships for the snppoit of Episcopalian Ministers. A great point had been gained by the Episco- palians. Five otJier denominations by accepting grants out of the territorial revenue, over whicli the House of Assembly had at tlie time no con- trol, had so far favored the scheme of Lord (»ode- rich as to leave the Church of England in exclu- sive possessiou of the Reserves revenue, which every year was certain to augment. Besides, the recipient denominations were, by their own act, estopped from assailing the Episcopalians by the potent arguments of voluntaryism. Whatever blame may bo attributable to Lord (Joderich for the disreputable tinessing to which he resorted ; it is obvious that no tact or stratagem that he could employ could have availed unless the denomina- tions to whose weaknesses he addressed himself had been willing to accept the prolfered grants at the hand of the State. The boasted voluntaryism of the Wesleyan Conference surrendered on the first assault on its purity. It was not necessary that the Government should employ the seductive arts, on w^hicli Lord Goderich placed so high a value. Not only was this unnecessary, but Con- ference voluntarily iniulc the most degrading sur- render of its independence ; iu terms the most explicit, and for u sum utterly contemptible. Nor did the Conference of the Canadian Metho- dists exhibit more inile.vible principles. They awaited not the invitation of the Government ; but of their own free motion became supplicants lor the bounty of the State. Of the other three de- nominations, two not being professed volumaiies, sac riliced no principle in accepting the grants. Sir Jonii Colbome and Lord Goderich now llattered themselves that the success of theii stratagem liad secured to tluj Church of England the exclu- sive enjoymeu* of the Reserves revenue, tjir John Colbome correctly reaipoly of the Reserves fund. Not long did the rresbyterian Synod in connection with the Church of Scotland remain satislied with the sum doled out to them. On the 15th Jany., 1834, the commissi.)n of the Synod * assembled at Yoi k (now Toronto) adopted a memo- rial to Sir J. Colborne for an increase of the grant to that denomination. The grounds on which an augmentation of the grant was claimed were the increase since 1827, when it was first made, of Ministers from five to twenty-five, and their legal right to share in the Reserves revenue. At first, they received £750 a year; and the sum had subsequently been raised to jE10(X) ; which, di- vided among nineteen Ministers, (for six of the twenty-five got no portion of it), was insufficient to purchase their continued acqniesence in the monopoly scheme of the more favored Episcopa- lians. Eut not only did the Synod apply for im- mediate relief: it laid claim to "a permanent '* and adequate provision for the Ministers of that " Church, as well as a fund for the support of " such Ministers as may in future be settled, ac- « cording to the wants of the Pres,iyterian popu- " lation." On the recommendatioa of Sir John Colborne, the Earl of Aberde "" -''/ected an in- crease of the annual grant to the amount of X450, to be divided among the six hhheito non-recipient • Present : Messrs. William Rintoul, Robert McGill, Alexander Ross, Peter McNuughton, M. Y. Stark, Alexander Gale, Peter Ferguson, Ministers, and the Hon. Archibald McLean, Elder. C 26 THE HISTOHY AND PRESENT POSITION i .« i it ' |i : Mmi.;t"rs, in equal sums of £75 a yenv. The amount, in pur.snancu ol Loul (locli'iicli's schomo, was (Jiructeil to bo priil out of tlio casual and torri- lorial luvenuu. Thu incioaso was accompanied with tho annonncomunt tliat tho Ciovernment re- serveil its riylit of levisin;:,' tlio grant at any future time, shouiii the circunistancus of tho Colony render such a piocoedin-; advisable. Tli's hint respecting the future good beliaviour of the recip- ients was probably deemed necessary, in conse- quence of the usual assurances of political obedi- anco not having accompanied their applicatioii on this occasion. It is but too obvious that if the stittlement of the Reserves question had rested with the priesthood, of Ihe various denominations, the chant e of secu- larization would have been exceedingly small. It would be useless to deny that the priests and ministers who were recipients of State pay balonged to, if they did not represent in senti- ment, six denominations, who comprised the great bulk of the population of Upper Canada. But between the priesthood and the people there existed an irreconcilable antagonism. The Par- liamentary representatives of Upper Canada always consistently advocated the devotion of the Heserves to education. In the Session of 1833-34 tho Assembly passed (Feb. 1834) with- out a division, a bill for the sale of the Reserves for the purposes of education. It was sent up to the Legislative Council, where it was formally read a lirst time and then dropped. A similar bill passed on a vote of 39 against 7, the next Session, (March, 1835,) was also rejected by tho Leginlative Council. The action of this branch 'h.i L ;gislature on the question will be noticed (greater length in the next chapter. That tho ■ iy and tiie priesthood should have acted differ- ontly "n tho question is, after all, not much a matter of surprise. The worse possible way of convincing a ministry of the truths of voluntar)'- isra is to reduce them, in the application of those futhc, to starvation point. That the services of maiij of those ministers, who so eagerly grasped at the State grants were ill remunerated by the contributions of their flocks it would be idle and attempt to compel that minister to desert his . 'iciples and accept * The Synod of the Church oi r^cotland stated that the voluntary contributions received by each minister did not exceed £100 a year. But it must be remem- bered that, in this case, the people were not thoroughly imbued with the spirit of the voluntary principle. They had always been accustomed to look and still looked to the stale for pecuniary support for their min- isters. from tho State extraneous assistance to make up for that of which ho 's robbed by his natural employer. If a ministry bo adtninately paid, they can have few incentives to become pension- ers of Slate. But if a starving man is justified by the law of nature in stealing to supply his wants, so far as may bo necessary to sustain life, a half starved minister accepting giants from tho State is not half so criminal as those who reduce hii.v to that necessity, and to whom he lias a right to look for adequate support. CHAPTER Vni. The Legislative Council asks tho Imperial Guvernmcnt to assume the settlement of the question — The Assem- bly puts ill its protest — The question of Imperial Lcgidlative jurisdiction ; and tho views of Lord Jle- nelg, Lord John Russell und the law olTicers of tho Crown ihcreon. The Legislative Council began to feel the inse- curity of the tenure by which they held the pow- er that enabled them to exercise that species of negative absolutism by virtue of wliich they had hitherto prevented all efficient legislation in regard to the Reserves. It could not be disguised that some contingency might arise that would render intolerable the vexatious antagonism whicli they had pertinaciously opposed to the efforts of the Assembly to bring the question to a satisfactory solution. It is not surprising therefore that the Legislative Council (April, 1835) should pass an address to the King referring the questio.n to the Imperial Parliament for settlement. In 1831, the Council had passed a similar address, but it was never replied to, probably in conse- quence of the Imperial Government having ile- termined to recommend the re-investing of the lands in the Crown, discharged of all trusts. The like reason accounts for the omission to reply to the Asserribly's address of the same Session, in- voking Imperial Legislation on the question. In their address of 1835 the Council, with their way of thinkin", naturally deprecated a continued agitation of the question, which all their obstruc- tions to the passage of measures proposed for its settlement by the Assembly only inllamed. In the face of the abandonment of the lands proposed by the Impt;rial Government four years before, they affected to feel no apprehension that the Re- serves would ever be appropriated to other than sectarian objects. With this intended lestriction to its action, they proposed to confide freely in the wisdom of the Imperial Parliament to pass some " final and unequivocal" measure, making such an appropriation of the lands as should "ap- " pear to be most consistent with a due regard to '* religion, to the principles of our constitution and " to the permanent welfare and tranquility of the " Province." The meaning of this was not to be mistaken. In the Council's view of the matter, the 'principles of the constitution' unquestionably or THR CLCnoY RESERVES. 27 roquiied tho excliisivo cstablishinout and endow- ment of tlui Church ot Kn;^'laMd. Tho yV8Sond)ly rofeiiuil tliis mldross to u solect coniuiiltoo, which roportod a resolution condemnatory of the schonio. The lesohition duclarud unclianj^ed tiie opinion of Hou.'^e that thu landri oui^ht to bu soiit and tho proceeds applied to eilucation ; that it would bo unjust to fiiiiut the moiiios to one or more favored denominations, and impracticable, anil, from many con.siilerat^ons inoxpedient to distribulo them anioMir all ; that the ifonse in complianci; wit!) tlie invitation of tho Iniiteriul (iovernment to vary or repeal tho provisions for the aliolinent anil ap])ropriatiun of tho C'lery)' |{es'Mves had, durin;? tho ^csbion, passed a bill to piovide for the f lie of tlie landts Un the hup[)ort of education; vvhiih bill the Council had rejecteil. A hope was also expressed that his .\!iije.>!y would "not '* bo induced by any representation, whether *' secret or open, to depart from the gracious <• intentions which he has been plcaseil to inti- " mate of complying with the earnest and ro- " peatcd solicitations of His Majesty's failhftd <' subjects in this Province on the subject." This resolution, which was adopted by a vote of '21 against 10, was laid before .Sir J. Culborne by whom It \vas transmitted to the Colonial Secre- tary. Tho address of tlie Legislative Council, although it had met the opposition of tho other branch of the Legislature, raised the question of Trnperial Legislative jurisdiction over tho Re- serves. Lord (ilenelg, who then held the seals of the Colonial otlice, acknowledged the address, but declined (.hily, 1835) to recommend to Parlia- inent the course of action solicited. " The disposal of the Clergy Reserves," he snys, " is as you have ilt'scribed it, a question ol great im- portance. It is a subject which has been fre«iueiitly under the consideration of my predecessors, and to which I have found it necessiary to devote much of my attention since I received the si'als oJ this department. I am not, however, prepared at the present moment to give you any additional instructions upon it. How- ever much 1 may regret the difference of opinion be- tween the House of Assembly and the Council, which prevented its .settlement during the session which has lately terminated, I cannot look upon that event as precluding tho possibility of a more favorable result hereafter. / tittsl that in their ncvt session the Legis- lature will remme, and will be enabled to conduct to a successful conclusion, some measure for the arrange- ment of this (fuestion. To take any immediate step with reference to your present despatch and its enclo- sures, under such circumstances, would be premature ; anJ I must, therefore, for the present decline to inter- fere with the deliberations of the Provincial Legisla- ture, by ofiering to them any suggestions ol my own upon the subject of the Clergy Reserves." Bishop Macdonell, assuming that the address of the Legislative Council would be acted upon by the Imperial Government, memorialized His Excellency Sir J. Colborne to recommend to His Majesty the Roman Catholics for a share of the Clergy Reserves. * In reply to the memorial, * In this memorial Bishop Macdonell did not forget the political arguments which on similar occasions had which Sir John Colborne transmitted to the Colo- nial oliice. Lord Clenelg reiterated his unwilling- ness to interfere with the deliberations of tiie i'rovincial Legislature, to which body the liishoji was recommended to adilress his application in behalf f if thosi! for svliom ho assumed to speak ; with the nssmnnco that any claims ho might advance wonkl there be received with due con- sidenilion. It is duo to iho Roman Catholics to .state that the views of Bishop Macdonell on the Piibj(;ct were not shared to any con&i- deiable e.vteni by that ccjininnnion ; of which the Clergy aiul princij)al members aftervvauls pub- lished their disavowal tii' all claiiiis on ihe Re- serves : an e.vamplo of lioneat devotion to prin- ciple by wliicti otiier deiioiiiinutions would have done well to i)rolit. Neitlierot these rt.'plii.'s of [..ordfileiielg directly touched the (jucslion of Imperial Legislative jurisdiction. I'hat (piestion, however was after- wards (Dec. 18.51) lairly met by that functionary in the lbllowiii:f despatcli to Sir Francis Bond Head: " Yoin- predecessor and the Council agree in tho opinion, that it is vain toexjiect the connirreiiro of the two branches of the local icgislatuie in any adjustment of this question, and they therefore invoke the inter- position of Parliament ; which inlerj:osition the ,^^sem- bly, on the other hand, deprecate ivith cqunl earnestness. "The chief practical (jueslion, llu-n, which at pre- sent dcniaiuls consideration, is whether His Majesty should be advisi'd to recommend to Parliainent the assumption to ilsell of the oliice of docidin;; on the the future aj)pr()priation of those lands. There are two distincts reasons, both of which apprar to me con- clusively to forbid that course of proceeding. " l^iist : Parliamentary Ugislation on any subject of excluMvtly internal concern, in any British colony possessing a representative assembly, is as « gencrdl rule, unconstitutional. It is a right of whicli the ex- ercise is reserved for extieme ca^cs, in which necessi- ty at once creates and justifies the exception. " But important as is ihe qtu'stion of the Clergy Ueserves in Upper Canada, yit I cannot find in the actual state of the question any such exigency as would vindicate the Imperial Legislature in transfering to themselves the settlement of this ronfroversy. The conflict of opinion between the tvs'O Houses upon this subject, much as it is to be lamented, yet involves no uigent danger to the peace of society, and presents no insuperable impeliment to the ordinary administration of public affaiis. Although a great evil, it is not such as to exclude every hope of mitigation by the natural progress of discussion, and by the influence of that spiiit which, in public affairs, not seldom suggests to parties alike solicitous for the general good, some mu- been resorted to by several denominations with such signal success. He represented " that by obtaining a " share of the Reserves they [the Catholics] would be " able to educate and instruct their children in those " principles of loyalty to the sovereign, and submis^^ion "to the laws, which they themselves have practiced " through lile ;' but " that without this advantage they " shall be doomed to see, with grief, their children im- " bibe those democratical and irreligious principles, " which are universally taught in the schools of this "Province." c 2 t iJ 29 THE HISTORY AJfD PRESENT POSItrolT I >■■■ lual iurrender of extreme views, nntl some compro- mUe on pithcr side ol' (liirLMmicc.i which nt lii at sight might have iipiieaitvl inoL-Dnciloable. L'nlil (V^'rij yru*fh'ct of ailjuiliii^ Ihh ili'ijinle ifilliin tlic I'rufinre itnelf nliii'U luicc bet ii il^i'inctl:/ vxIkiihIc'I, lite tiiin' fur t.'ic intei'i/onitioii uf I'lirlinmcnt will nut hiev urii.n:l, unleai, indi\l Inith llnt-^ii sliiiU conntr in .vy/i'ci'wu: that inlerjio'iitiiiu ; in wliicli civ ;U tlieir iruulil ofrvume be an end lo the cwil it u! tonal uhjcrlions ali\'tidij n sliced. " The s-'coivt unniiitl on which I fhiiik inysell hoiiiid to ubsiain from advis'.ii'i Hi-i Mnjcsty r.oin rrfrrniiif this (luestioii imiDi'diiitcly to railiamciit, is //i,/ the 1 tiulhors of the I'oiiHitit'.iwul .If! h'liw i.'.rlmr I Un.lu lie one of Ihuii' niil'j'Vh. in ic.'url to tihult tin' initiii- tive M expren^lij ivsc/Tf.i and reroifnizid ii.trc, althnngh i'.3 ultimale completion in 110 less distinctly m.uk' l> dopt'nd, in additimi to tiie ordinary Kubmissioii to His Majesty, on the uc(inics- C€ace of the Inipciial Piuliamcnl. " It is not diliknll to pcrceiMj tlie rcasnns which in- duced Parliament in 17'J1 to connect with a reserva- tion of land for ecclesiastical purposes, the special de- legaiion to the Conncil and AB.^i.'nibly of the rijjht to vary that provision by any liill, which beinij; received for th« siijnilicalion ut Ilii M;ii sty's pleasnre, slionld be comuiunicalfd lo both Houses of Tarliament for six weeks before that decision was pronounced. Re- membering, it should seem, how Icrtiie a source of controversy ecclesiastical endowments had supplied throughout a Uirjje part of the Christian world, and how impossible it was to f )retell with precision what might bo the prevailiu'; oi iiiions and leelinsjs ol the Canadians on this subiecl at a future period, Pailia- raeut at once sL'cured the means of making a sys- tematic provision for a Protestant clergy, and took full precaution again'^l the -ciifuai inaptitude uf thai sijs- tem to the more a.'rauo ftcges of a society then in its infant xtate, and of whi'h no human forcsiuhl could divine the mure mature and sitUcd judgment. " In the controversy, therefore, res|)ec tint; ecclesias- tical endowments, w hieh at present divides the Cana- dian Legislature, Ifnd no unexpected clement if agita- tion, the discovery of which dtmandsa departure from tlte fixed principUs uf the constilutiun, but muiely ihe lultilment of the anlicijatioi s of Parliament in 17111, in the exhibition of that conllict of opinion ibr which the statute of that year may be said to have m.ide a deliberate preparation. In leleiring the subject lo the future Canadian Legislatiire, the authors of the consti- tutional Jlct must he aupposcd to have conlemplaled the crisis at which ivc hare now arrived, — the era ot waim and protracted debate, w hich in a free government may Le said to be a necessary prccuisor to the settlement of any great |^iincij)le of nationiil policy. We must not have rei'ouise to an extieme remedy, merely to avoid the embariassnient w hich is the present Ihi-ugh temporary result of our own del'berate lejjislalioii. " I thinic, therefore, thai to inlhdratvfrom the Cana- fi'an to the Imperial Legi'ilature the (jvesti % reifperling the Clergy Reici ves, would be an infringement of that lardinal principle of colonial goctrnment ichick forbidn Parliumevlary interference, except in tubmissiQn ta ua evident and well eslublished necess'tyt, " Withont expressing any (nrther opinion at pn>sent on the general objects of the Bill of last Session, I think the effect of that Bill would, as it appears, hiive been to constitute the Assembly not merely the arbiters respecting the disposal of the funds to be raised by the sale of these lands, but the active and independent agents in affecting those sales, and thus to iuvet thera with the appropriate functiini Of tht executive gov- ernment. To the consfitiilioiia! iloctrino hero laiil down all ol'jfclioii WdiiM lif tiio iiii'icst iMVi'iliirj. Tlii> liiinciial (ioviTiiiiii'iit were not Holicitoil hy tlic Uiiit'.'il lif^Hlaliirt! ol Uiipcr Caiiaila to rocoin- inciicl liiiprrinl Li'yi.slatioii cii tlm ([iiostioii. Tliuy wcMvoiilyiiskftl by the iKni-rejnoM'iitativ.! biiiiii'li of tlio IoimI I.i'gisliitiiK; to latiiru U'iriM'd 111 n-ri'tiini; tin- (iiu.stioii t') the liiiin'iiaJ I'arlinim'Ut ior s'lllciiU'iit, wlialcvcr we iiii'.;iit lliiiiL L'l tiic wiaiioin ol liio policy wliio.li dirlatHiJ fiich a cdiiiso, wi' sliouhl liavis Im-l-u cDiiipclk-d to iidiiiil lliat the Pioviiici' would bo boniid tomibiiiit, without (.•(/iiipluiiit, to tln> eoiisctiiii'iici's of tin" step. V.'lu'tlicr Miii'li a I'ourst! wotikl havi' bemi uiicou- stitiitioiial is another (|iii'sti()ii, iind (iiic on which the law ollieers (^rilie Crown, in Kiiirlaiid, buh.se- (uuMitly lU'ciiled in tlio iiey-ilivL'. Wo aecopt the doctrine of Lonl Cileneig that the un.si»licitcd in- terposition of the Impel i;il authorities in the exflnsivi'iy internal affairs ol' the Province woukl be jn^tiliable only to avert the calamity of civil commotion arisinir out of a lonii niid irreconcil- able conllict, now no lonifer possible, belvveen the two branches of tlie local Lil tho wlioh' Mj-stoni ot provi(ling lor rcli|i,'ioim instruction at tlio expense of the State. So ili'licato a qucftioa did I.onl fJlciielg fool that of Imperial intervention to he, tliat he after- wards (Sept. 1837) lieelared that he could not "venture to prescrihe to the Lci,dslatures of the "Canadian Provinceti the priiiciples on which "they should endeavour to make provision for " tlie religious wants of their fellow colonists." And when he did afterwards (Dec. 18U7) venture the statement that " the contributions of the State "towards the support of the diHeicnt christian " communities shouUI be leguiated by the extent "of the voluntary edorts which the membt^rs of " each should maKi; for the promotion of the same " general enii ;" and 8uii,'gested that the Reserves should bo converted into a fund subject to this mode of distribution, he directed the Undersec- retary, only three days afft^r, to state that " Lord '' Glei'x'lg would distinctly disclaim, on the part " of His Majesty's Government the wish or the '< intention to insist on any such condition as un " indispensible preliminary to an ailjuslment of "the que^^tion ;'' adding that "such an inter- "ference on the part of Government with the " functions of tlie Provincial Legislature, would, " aa his Lordship apprehends, tend to create a " not iinreasonaule suspicion of the sincerity " with whicli the Lcjgislatures have been invited " to the exercise of the power reserved to them '< on this subject by the Constitutional Act of " 179L" On the question of Imperial Legislative juris- diction over the Reserves, Lord John Kuasell (offi- cial despatch to C. P. 'I'hompson, Sept. 1839) waa even more decided ; the Crown officers hav- ing gone so far at to pronounce unconstitutional the refering back for settlement of the (luestion by the local to the Imperial Parliuiuont. Lord John says : " The last of ihe reserved Bills of the late Se.-sion has reference to the long conlro veiled subject of the clergy reserves. To this Bill the Royal assent could not have lawfully been itiven, until it had been laid for 30 days before either House ot Parliament. It was not until the 15'^ August that v received from the Lieutenant-Govi .-nor the document necessary to enable me to fulfil the requisition of the Constitutional Act of 179i. li was, therefore, impossible that the Bill should be finally enacted by the Queen in Council un- til after the commencement of the Parliamentary Ses- sion of 1840, But had this difficulty not arisen, there were other motives which would have effectually pre- vented the acceptance of this measure by Her Majesty. Parliament delegated to the local legislature the right oj appropriating the clergy reserves, and the effect of the Bill is to relransfer this duly from, the local legislature to Parliament, with a particular reslriction. I am advised by the law officers of the Crown that thit is an unconstitutional proceeding. It is certainly un- usual and inconvenient. Her Majesty cannot assume that Parliament will accept this delegated office, and if it should not be so accepted the cnnfiimation of the Bill would be productive of serious prejudice, and of no ■ubstantiui advanta'^e. It would postpone indefinitely the settlement of n question which it much concerns the welfare ot the niovinces to biiiig to a close; be- sides I cannot admit that there exist in this country greater fai-.(liti>'S than in Upper Canada Tor the adjust- ment of this controversy; on the contrary, the provin- cial legislature will hrinjf to the decision of it an ex- tent of accurate informntien as to the wants and gen- eral opinions of society in that country, in which Parliament is unavoidably detieient. For all these reasons Her Majesty will decline giving her assent to this Bill." This is one side of the question of Imperial Legislative jurisdiction. The unitiated reader will be astonished to find, in a future chapter, the Imperial Government acting in direct opposi- tion to its own declared principle? on this question ; and the very same minister who now tells us of the unconstitutionality of a certain procedure car- lying o'lt that very procedure in Parliament! In (lie first Session of 183ii, the Hou&e passed a bill (Feb. 24) to dispose of the reserves for pur- Soses of General Education by n vote of 35 against . The Legislative Council amended the biliy, re-investing the lands in the Crown for religious purposes. The Assembly re-ame4ided it, mak- ing the efTect of the bill precisely what it had: been in the original tsliapu. CHAFTEBIX. The Kccturies — Instruciiuiis given 33 years ago to create Rectories in every Townshiji — liiHtriictiuns repeated — Did they lose their force on ttio adoption of a new policy with respect to tlie rcarrveg, and under another king and a new Iinperiiil Cabinet — Conflicting opin- ions of the l.uw Officers uf tlio Crown on the legali- ty of tlio Rectories — A review of the wtiolo case. On the 16th January 1836, Sir John Colborne, gave a remarkable proof of His Majesty's de- sire not to endow any " literary or other corpora- " tions until he shouUI obtain the advice of the re- " presentatives of the Canadian people for his "guidance." For nearly ten years these repre- sentatives had unceasingly opposed the continued existence of the Reserves, and deprecated their devotion to sectarian purposes. Tneir proceed- ings on the subject, session after session, were regularly placed before his Majesty for his guid- ance. Yet in direct opposition to the repeatedly expressed wishes of those lepresentatives, which his miijesty was specially pledged to respect spect. Sir John Colborne in Council created and endowed 57 rectories* in Upper Canada. This • The number of rectories for which endowments were recommended by the order in Council of January 1836 was 67 ; but twelve of the patents were not com- plete : there were two rectory patents for Toronto ; of which one — that for the township of Toronto^ was incomplete ; the other was complete ; and c 3 'i 1 !;■ 30 THE HMT«mY ANJ> PRCSEKT POSIIIOK h ■'v' ti'-!-' exercise of e.xecutivu authority, so uxtraordinary umlor tho circutnstauci-s, wum lor (•oinu time kept u Buorul from the public, u.i tliute cxiHted no leifal had assigned to it 800 ncrci of iuiid, and ArvlidtM- con Sliaclian, was appointed tlte fiiit Ueotor. To tbt following Kectoiies of wLioli the pateiitit mlmu coiii- pletc, the quantilicit oflHiulu .stated wt're astlgmni, aiitt the persons named ujipointeJ as Ilectuii. Uiiiiisby, 400 acres, Rev. H. F. (irout; Ancasler, -100 ncres, Rev. John Miller ; Thornliill, 105 ncrcs, Rev. Geo. Aiorlimcr; Woodliouse, 402 aries, Uiv. Fiancit Evans; Wellington Sjimie, 1(M)iieres, Uev. F. Muck ; Augusta, 4JU actos, Uc'V. U. Klukcy ; C4 acres, Rev. Job Deacon; Fredricksburg, 250 acres. Rev. Job Deacon; Clarke, 415 acres, given by S. S. Wilmot, Esq; no incumbent; Darlington, 4U0 acres, no incum- bent ; Bcckwich, 400 acres, Uev. Jonathan Short; Ni- agara, 400 acres, Uev. Thos. Green ; SiH acres, in va- rious lots were assigned to the Rev. Arthur Palmer, of Gnelph, but to the rectory no locality is assigned ; Kingston, 700 acres, the Archdeacon ; Uarrie, 420, no incumbent; Port Hope, 43ti acres, Uev. J. Coglan. This land is stated in a return made in 1838, in an- swer to a requisition of the House of Lords, and signed R. B. Sullivan, to have been surrendered hy Mr. Coglan. It had probably ben a glebe previously. London, 375 acres. Rev. Benjamin Cronyn. Wood- stock, 29 acres in the Town of Woodstock, Uev. William Bcttridge. This lani was assigned by order in Council November 1834, more than a year previous to the ci cation if ihe otiier rectories. — In the cases where the patents were not com- pleted it was not from want of incumbents, for in all these cases, w ith one single e.xceiition, incumbents were appointed. The following are tb* rectories for which the patents were not completed, with the quac- titiesof lands assigned to each, and the incumbents ap- pointed :— Hamilton, Gore District, 400 acres, Uev. John Gamble Geddes; Ameliasburg, 400 acres, Rev. John Giier; Williamsburg, 400| acres. Rev. J. G. Beck Lindsay ; Carleton Place, 400 acres, Uev. Ed- ward J. Boswell; St. Thomas, 400 acres. Rev. Mark Burnham; Bytown, about 400 acres. Rev. A. H. Burwell ; Toronto, about 400 acres, Rev. James Mag- rah ; March, 400 acres, Rev. James Padtield; Brant- ford, 400 acres, Uev. R. Lugger ; Delaware, 435 acres. Rev. Richard Flood ; Sandwich, about 400 acres, Uev. William Johnson ; Chatham, about 400 acres, no in- cumbeat. The term rector had for many years been noiftiflaily fur itH proinulutatioii. Sir John Colboriin UH il NOMMcioiiM that he wiih uboul to |i«)riM>trHte uii ui't which wax huio to iiitlanu< tho popular ilin« coiituiilH, (luliburitli'd lon<( bcloru liu vciitureil to uccudu to thu Hdvico of his coiiiicil in llio luiittvr.* It wa8 ultnoHt tlio litbt uut ot IiIh Cfovoriunfiil ; pciforiiu'd iiiiilrr [M'ciiiiur ciicum^tlaiicoh of crn- burrasbiiiunt, wIiimi Iuh umirI wuh porplexfd by tho iiitollif^eiico of hi.i rccull. Tliu lii.it ili-cov- ory of tlio c.xiatciui! of Uectury puloiitM wan ac- cuhiulul ; uiiil tliu iulolligouci', lapiilly ciicuiatud ovor tlio I'loviiici,', wa.-* nvi-ry wlicio roci'ivtjtl with fuoliiiy:! of t'.vtrt'iiit' ilL.- r.xtories have been created, but where it is quite common to speak of Ihe " rector of Quebec," lor example. It is certain, howt 'er, that to the rector of York a ] ortioti ol land was early ussiwn- eU, consi-sting of certain town lots which, in 1631, hsid begun to produce a revenue. In conseqinMice ol' these lots becoHiing productive the salary authorized by Lord Bathurst's Despatch of July 1st. 1824, to be paid toDr.Strachan was discontinued in i83t. Biitdoublless these nominal rectors w ere only the holders of ;:lt hes, — Iroiii which they derived no ertlesi.istical authoi ity — lor which, on the first commencement of the sales of the Re- serves, Lord Bathurst instructed landf to be reserved in every Township. To the rectoiics of which the pa- tents were completed an agairegate endowment ol 2'2,- 931 acres was assigned; and 'o the thirteen of which the patents were incomplete there was assigned an ag- gregate endowment of 4,1 18 acres. The endowments actually com pie ed, included 8 332 acres which had previously beeh set apart asglel'es, but for which, or a portion of them, it appears no patents had issued. The entire amount setapait for glebes up to December, 1837 was 21,057 acres. The portion of the Peterbo- rough Rectory for the sale of which authority was asked from Parhament la*t St'ssion, had been set apart as a glebe prior to the creation of rectories, but no pa- tent bad issued. ♦ Dr. Strachan in his le ters to tho Hon. William Morris, states that Sir John Colborne " afler much de- liberation" acceded to the advice of his council to cre- ate the rectories. Of that council Dr. Strachan was a member. or Tilt! CLiinav nuscHveg. 31 of civil corntnotioii. It wuh tliu idua of viointinl liniteriui laith ; of n brnkitn (■un)[)uct betwtu^n the Suvertii^ii hiiiI liin (laiiiidiuti subit'cti*, that roriMtitutoil tiio Htiii^ of liie injury, liie lu'oplo reruired tu tlin proiiii.. Theiu obiit&cluii liuve iii|.uiu ilic iivcus- aaiy iiutiuiii'.'iilii tu 8'. I nil' tu ibf iiiouiiil>i'iil!i, iiiiiiit'd in ihu uiinuxi'd sclifdtilcs, iind their iucci'mhoi!*, tbe lota of luiid tbt-ia i-Muiiicuilvd, as ba\iii|{ Lucn itNiitii'tircly tet upuit lor Uleb' a. All (if wLicli is K apcctfiilly subniitti'd, (Signed ) I'KlKIl llOBINSON, P.C. Lord (ili'iicl),', liuviiiK consuileHl the various UouiiiiiontH ruh rrcd to liy tlii! ioeul goveriiinuiit uh coiitaiiiiiij; tlio nutiuirily tor tim truftioii of tho Huctorit'S, came to llii; foiioluMioii that •< no such •• sanction liad evL-r bucn ^mvuii." It is obvious eiiouyli, li()\vt.^V(;i-, tbat Lord (iiciieig was desirous tUat flio Cluiroh ot Kiii^land should retain thoun- dovvtnentH, whether tiio Kcetorios had bu(?n legally created or not. Kveii the policy of their creation hu was indlKjiosed to iuakt> a ()uestioii. He ituiiili;e(l the hope lliat the distiihuti(ja ot the Reserves revenufjs, arnoiii,' the various religious denoiiiinations, liy a special act to be passed for that purpose, would check the force of the oppo- sition directed against the Church of England in conacquunce of the creation and endovvtiieiit of the rectories. Ot a schonns for elFecting this ob- ject introduced into Parliament, at the instance of Sir Francis Hond Head, Lord (ilenolg was con- fessedly the oriu:inator. Llo yielded to the desiie of the Frovincial oligarchy to procure a review of the opinion pronounced by tlio law oiHcers of the Crown. Dr. Siraclian had drawn up a report of the proceedings of Council, atfernptinf» to show that an incomplete case had been submit- ted to the Law Ollicersof the Crown ; and recall- ing Lord (jlenetg's attention to two despatches fro!U Lord 13athurst, one of 1818, and tho other of 1825, conveying to the Provincial Guvernmont of those times aulliority to proceed with the creation and endowment of rectories. When tho case iiad been submitted a second time to the law officers of the Crown, and before their decision had been pronounced, Lord (llenelg (despatch to Sir George Arthur, Dec. '26, 1837.) showed very plainly the kind of decision he was desirous they should arrive at. HHlerring to the resolution of tiie Assembly of 1836, which declares inviolable tho riglits ac(|nired under the patents, his lordship says : " On the part of Ilor Majesty's executive Govern- ment I cannot hssitute to avow our entire adopticn of the principle b) which this resolution was iJictated. Althou;;h the endowments of the rectories in the year IS2G (Jvl nol take place wil/i the ■previous concurrence of the present ministers of the Crown, yet as they a])- pedr to have been made at lemt under a presumed au- thority from the Scent iry of Utale, and as conaider- able tirae has now elapsed since the parties were iu possession of the lands, 1 should much regret to be compelled to disturb that settlement, or to disposess the clergy of the Ciiurch of England of the landa which have bf en assigjied for their maintenance. " Should the l«Kal right now nppcar to the law offl- cera of the Crown tu be iiiduf''u^ible, no practical question will remain for the decision ol the tfovarn- iiieiit ; but, even on Ihf contrary auppoiition, IJielthat, with tht ronturrrnre of the local Itgialalure, tht tndow' intnit which havt btfn actually madt miffht be rutilied ill connexion with auiiiu i;< iicrul sclieiiie lor the future appropriation of the Cbigy Uexi'ivcs which would aati»l'y the reuaoiiable claims rculiar circunistancea of the case, thb right of tht> Church of En.iland tu iha endowmenta uf January ISliM should be iicknowledged and ratilied. ♦ • ♦ j conceive that, if the ar- rangement I suggest should meet » itii geneial accept- ance, there will be no dilliculty in obtaining an Act of general Assembly for the purpo.se, and Hiut the inter- ference of Parliament in the internal atfuiis of the Pro- vince may thus be avoided." It would nut have been a very hazardous thing to predict what would be the opinion of the crown officers of a govoinniont whose leaninua were expressed in language so explicit and their objects so openly avowed. Tho following don- patches were now submitted as part of the case, on which tho Crown Uliicers were ruiiuirod to pronounce : Copy of a despatch from Lor I Dathurtl to Mr. Prtti' dent Smith, dated DowNiNO Stbrkt, 2nd April, 1818. Sir, — The Plstiop i,f Qaehec has (reipicntly brought under my co',.iidcration, the a'lvantageM that would re- sult to the ('Iiurch of England in the Province under your government from the legal establishment of Parishes and Rectories in conl'oniiity with the provi- sion contained in SIst Geo. Ill, Cap. 31. As I entirely concur with his Lordfhip, in the pro- priety of adopting a measure calculated to give to the Protestant Church in the Canadas thesiipirarl which it waa in the contemplation ol die Parliament ol thia country to aflord to it, I have not failed to submit his Lordship's representations to the Prince Regent, and I receivcil His Royal Hii^hnei-s's commands to in'^truct you to take the necessary legal measures for constitu- ting and erectinij Rectories and Parishes in every Township within the Province under your ■jorernment; and you will also take care that it be di;jlJiv. Hy unJet- stoud that tha constitution of Parishes iUiJ Uectories can give no claim whatever to any ini \imbent to re- ceive lithea of the lands within the limits of his Parish; all claims of that nature having been elFectually an- nulled by the provi8i(m lor the support of a Protestant clergy, made in the 31st year of tn>' king, and by the declaratory law paaaed by the Legislature of the Pro- vince in 1816. The endowments of the several Rectories with due portions of the Clergy Reserves, will be necessarily a matter of future consideintion, and until the more general settlement and cultivati'm of the Province shall have taken place, I consider it advisable that the manoj^ement of the several Reserves should, as is the case in Lower Canada be vested in a corporate bady, or continue as at present under the contiol of the Lieutenant Governor and Executive Council. I have &c., [Signetl.j BATHURST. It will be neen that these instructions followed immediately on the first attempt made by the or Tiic oi.CRiiV nv.ntnvu. 33 A-.snntbly, in tho previouH yonr, to pri'vciit tin* Chiiri'li ol Kii(;latid olilaiiiiti'^ ii'iuoiiopoly dI tint Uo.sLTVus. I.oril HuthiirM kuw tho i-oiiiiri;,' hIoiih ill tlio (listiiiic'o ; iiiitl tli(iii;;ht it lit'st to |iri(lvti.'eor tlio ICxtvutivf Council lor l he alFairN of the Prnvinco of Upjiur Caiiucin, roiistitu'e uiid eicct \n illiin ovury Township or niirish wliic' new istior lierfullcr riniy be f)rined, ('oiiMtitut'don'ri-c fd widiin ihi' lidd I'rovince, one or more I 'arson a !;«• or Ht'i-toiy, or l'arsona";i's or Uectoriog, according; to the rHtablisnnient of tiieCluirrh o( England ; and that you do from lime to time, by an instrument under the UrtatSoal ol the Province, endow every »uch Rectory or ParHoimge wilii so nnich, or such parts of the land so idlotted and appropriited us alore- •aid, in respect of any lands withni sucli Township or Parish, which shall have been granted subsei'iiiiiiion, but wholavur<'(l the Hcluwnu ot oNtaldisliiii;^' Church of Kiiglaial RectoricH. Vet lor eii^liteeii jeaiH did tho ^uc- ccHsive (ioveriior.'i and tbeii Council disobi-y the ptmitive iiistniclioii.-* ot llie Imperial (iovenunerit to create »itA mnikttA U.'c tones in coni.ection uith theChutcliot I'lnglaiKl.iii evoiy lowiisbip through- out UpiH't Canada. In Nov. IS-.'.''), sboiily alter the leeeiit (d tho la.st inaructioiii Iroiii l.oul |{athin>t on the Hubjeet of Ileet.v.ie.'", the active Triumvi- rate cd' Sir P. Mailliii.d's Connstd, Clii(d ,ln^tice (Campbell, the Ibni. Ja-i Ihiby and Dr. Straelian, drew up a Report on llie -iilijeet to (Joveiiior Maitlaiid : reb'iriiig t.i I.eiil I!athiir>i'H iiiHtnic- tions, they recoiniiieiided the (lui-RE8ENT POSITIOK \t assigiioil to each Rectory would yield a sullicieut separate miiintouauc.^, vvhicii, in the ohtiinatiou of till) Triiimviiate, sueinoil t:) bo about £330 a year. The plurality tiybtem would not have ended with tlio t'xi.>.liny: generation, for the in- cumbent of the two paiislies was to be at liberty to grant leases lor itirc- lives or twoiuy-one years : in some piaees the leasing miglit not even yet have commenced. On tlioi^e recommendations Sir P. Maillaiid did not ver.ture to net ; uiTi-criipiilous as was his sec- tarianism, anti uiidisgin'sediiswashis parlisansliip. He douhliess liioaded the eticcts of tlie propos-ed inea&ure ; and Ihiref.ire shraidv from the respon- ttibilily of carrying it into execution. The instructions of Lnnl Bathurst prop-jsed a scheme more darin-.'and comprehensive than that which had been submitted to the Imperial Gov- ernment in 18^11 : (see cliapter 3,) at the sugges- tion ol Maitland the latter scheme had been pro- posed ; but when it came to the test, he who planned extensive schemes of Ejiiscopalian agg-andizemL-Mt had not the courage to carry them into eifect. To come to the second opinion pronounced by the law otKcersof tlie Crown. Into the strictly legal qupstion we do not propose to enter. In- deed 1^ ) question is not so much one of law as of public morality ; and in its discuMiou the ques- tion ol Imperial good faith is invoTv 1. Of the legal opinion of the law officers of the Crown wo may remark that it is worth a littlg less than that of any otlier three sound lawyers, unconnected with the Goverumrnt, and feeling no undue inte- rest in (he possible result of their decision. A question, whi'di we do not discuss, has been raised as to whether the instructions of Lord Bath- urst would not become void with the death of the reigning ^Sovereign ' of the tim;. when they were issued. There must -jf course be some limi' to the lime when pucIi instructions cease to be Oi-e- rative; and ;here may be much lorce in the argument to wliich we allude. The deuth of the Sovereign cai;ceis all commissions; and by analogy, migiit be supposed to render void ail iiistiucli'>ns similar to those under consideration. It miglit also be made a (lU'^stion whether the instruction', of oiie Imoeriul Cabinet, in a case of this kind, be binding on its successor, which may desire to adopt a diam ;lrically opposite policy; Ami consequently whether the instruc- tions of Lord Bathnrst did not beome void on a change of the Imperial Ministry. But these que>.ions are no! relarerit to the present case ; .".nd for this reas(ni : Sime 1S25, the dale of (he last '"set" of instructions, the Impei-ial Government had avowedly rhangcd is entire policy jci'.h respect to the Reserves. By its instructions bills had been mtroduced into the Legislatures of Upper and Lower Canadd for re-investing the lands in the Crown, absolutely, dischartred of all trusts. In December, 1835, Lord Gleneig declared his Lfctters of the Hon. "VVm. Men is, to Dr. Strachan. adherence to the new policy of tlie imperial Uovernmeiit, which vvasfnvt propounded :'.\ 1831. Tills was only about thirty day" prior to Ibr ation of the Rcctirii s. The change of policy, on the part ol'tho Imperial (ioveruinent, must in the nature of things have been tantamount to a speci- fic cancelling of Lord i'athurst's previous instrue- tions ; for two courses of policy, each directly opposed to the other, could not exirt simultane- on^dy. This was evidently the opinion of Sir John Colborne's Council, when tlie Rectories were created : or the minute of council would not have referred to Loid Godericli's liespatch of April, 1832, as sole authority for th_' act. That liespatch the law officers of the Ciown, in their sccDiul derisum, proiiounced not suificie it authority for the creation of Rectories. Whei c, then, is the authority? Dr. S lan fell back on the old instructions of I -ihurst, v. '•■... , uld have had force only anteriv.1 to the adoption of a policy which had been officially piomulgated for five years, and re-asserled only one month previous to the creaii--'i of 'na Rectories. We do not overlook that on the aniiounccmjnt of a change in the . mporial policy with resTieot to the reserves, in \h^l, the right of the Impeiial Government to authorize the creation of rectories .vas intended to be specially reserved. But it was intended to secularize the reserves, without which the existing rectoiy emlowments could not have been made. The reserving of that right might have contemplated tLe case of rectories to be endowed with private pioporty. The 57 ree- tories furnish one er.imple of this kind. In the endcvN-ment of the existing rectories lands have been used, which the success of the measure of 1831 would have placed beyond the reach of gov- ernment for that purpose. Although that measure had not been carried, the policy wliich dictated it had not been abandoned ; and it would be grossly inconsistent, if not an act of bad faiih, for the Impel ial Government to profess an anxiety to di- vert these lands from a particular purpose ; to in- vite the Colonial Legislatures (<> pass bills for effecting that object, and then, i)ending the 8U«- cessful action of those legislatures, to turn round and authorize an irresponsible executive to apply them, or a portion rf them, to the very purpose from which that identical government had ea- press^d a desire that 'hey should be forever alien- ated. So that the endowment of the rectories with the reserves was cleaily inconsistent with the measure of 183i. The Rectories had been created without the knowledge or concuTience n the Imperial Gov- ernment of the day ; and its predecessor had, through Lord Goderich, voluntee.ed a solemn pledge in the mo-t public and official ma ner, 'hat no corporf.Sions, " literary or otherwise," should be endo%ved " nntil His Majesty shoukl " obtain the advice of his Cana<'.ian subjects for his "guidance in this respect." It is not pretended that any advice was given by the representatives of the Canadian people to endow rectories. It was notorious that all their feelings, legislation, 1 or THE CLEBOr RESKItVJSS. addresses, and advice were in the opposite direc- tion. Yet, in defiance of that promise, and with a full knowledge of tlie feelings of the people and tlieir representatives, on the subject, rectories were created a"d endowetl. How, then, coukl charily itself avoid the imputation of bad faith ? Of sullied Imperial honor ? On this supposition only : that the rectories vvero created without au- tho.ity from Lord Goderich. And this supposi- tious 18 the actual case. The revocation of the unauthorized act was required not only by the lemnerofthe people and the dictates of sound policy, but also for the vindication of Imperial honor and good faith- Although the act was ex- clusively that of theJocal government ; yet, un- less it were disavowed, the Imperial Government must be held responsible for it ; for the moment the Imperial Government sanctioned by its silent acquiesence the usurpation of its powers by the lonal executive, it made itself a parly to all the consequences of that usurpation. That the Im- perial Government did incur this responsibility admits of no denial. When Lord Glenelg suggested that the rectory endow.ments should be ratified, irrespective of ♦he legality of their origin, and in connection with a general scheme of sectarian corruption, he was not unaware of the char-^nter of the Par- liament which the unscrupulous and unconslilu- t'.onal efTo-.sof Sir Francis Bond Head had called into existence.* It appeared a fitting instalment for the work he wished accomplished. Under his directions, attempts weie made (whh what suc- cess will appear in the next chapf-jr,) to carry a measure for distributing the Reser „s among such of the religious denominations as were deemed of sufficiei.t impor'ance to render their admission to a share an act of State policy. But if the legality of the rectorieswas not to bo regauled; the submitting of the queation to the Law otficers of the Crown was an act of oflicial trilling, without aim, object, i'ustification or excuse. Lord Glenelg subs'ituted lis own personal inclinations for |u8t!v-u and right, in allowing the lapse of time, since the parties '•ame into pcsnession of the lands to disincline him to disturb that possession. If this princi- ple were to be applied to the administration of criminal justice ; if it were generally admitted that time can consecrate wrong and gi"*? a char- acter of legality to fraudulent possession; every princip'j of justice would bo banished from the courts. Let us recapitulate. We have shown '.hat the rectories were created without the concurrence or ttiG knowledge of the Imperial Government of the lime ; ihat the authority given by the minute of Council establishing them was not sufTicient ♦ Sit Francis in a despatch to Lord Glenelg unwit- tingly sdmits tb« charges of p.-rti8an.ship, and at the same time acknowledges the effect of the creation of the rectories: he says, " the feeling which the endow- " ment of these rectories created throughout the Pro- '' vince was one of the many difficulties I had to con- " tenc. against during the late ekctions." _.__ ^^^^-jg to warrant the act predicated upon it ; that tlie precei, ^ Imperial uoveinment had no* only not authorized the creation of ifctorics, but pled^eil its faith not io create any iwdess advised to do so by the repiesentatives of the Canadian people • nnd that no such advice had ever been "iveii ' that siv years subsequent 1o the date of tlio in- structions last given by Lord Bath urst to create rectune.-=, the entire policy of the Imperial Gov- ernment with respect to the Reserves had been reversed ; that the ' . policy was still adhered to by the Imperia. viovemment up to the time when the rectories were created ; that the in- structions of Lord Bathurst must have lost their force, on the adoption ot a policy inconsis'.ent with them : and consequently that the rectories must have been createcl without any authority what- ever. CHAFTEB X. Lord Ooderich's Lribery snliuine ii failure— Lord Glenelg improves upon it — The new Uishoprio nnd the (iiies- tion of sninry— Sir Francis Bond Head proposes a divisiun scheme ; but abandons ii in despair. The Episcopalinns tbund that they were not immediate guiners by the success of Lord Goder- ich's scheme, which had given litem a tempora- ry moncpcly of the Reserves revenue. As a con- sequence they had lost the grants hitherto voted by the I'lovincial Parliament,* and with that grant they had also lost the aid extended to them by the Society for the propagaiion of the gospel in foreign parts. Under the former arrangement many of their ministers enjoyed a salary of £20() a-year each ; which had now been reduced 15 per cen*. ; while the stipend assigned to many of them did not exceed i'lOO. But in the Kpisco- palian view, this was not tlie worst i'eature of the case. In a memorial (18.^6,) from the " Clercy "of the established church" in Upper Cnnada, as the n .motialists styled themselves, it is com- plained that "the provision thus established con- " templates the case of the present incumbents "alone,t and that no assurance is conveyed, of its "extension to their successors, or of thoapprf- " priation of any part of it to the supply of ihr " same sacred services when Ihey shall he inter- " rupted by tiie deaths of the clergymen at pie- " sent resident in the Province, much less to ena- " b!e the Bishops to meet the increasing wants of "the church by assigning to any additional min- " isters the humblest permanent maintenance." The memorial exaggerated the flourishing condi- tion of the Church of England in the Pro- vince, for whose members a degree of su- • This grant ceased July 1st, 1832. The allow- ances of ihe Society for the propagaticn of the Gospel in Foreign parts ci;'ased in 1834. t This must have had reference to grants received from the territorial revenue. 36 THC HISTORY AND PRESENT POSITIOK w II perior respoctatility was claimed. Th.^ services of 100 aiMitional Einscopalian Clergymen were said to be iioeileil ; but this alleged demand for new supplier of mii;i:>tcr8 is ilisproved by the iact tliat the nominal Episcopalians, in spilu of their alleged superior respei'labilily, weie unwilling l'i contribute to the support of ihuir pastors. In opposition to the alleged coiitniuous in- crease of the Fpiscopaliaiis, we have the fact tiiat, in 1S39, ihoy numbered less than one-fourth of the populaiion. Yet th-^ir numbers were ad- duced as a reason for permilti igtkem to monopo- lize the reserves. The pifections of Dr. Siraohan had become fix- ed on a mitre and lawn of sleeves. He could no longer suppress his anxit'ty to mount that Episco- pate which vt^as the iiummit of his ambition. The then organized diotricts ot the Province covered a superficial area equal lo that of England and Wales, riie resources of tlie country afforded a guarantee that its distant future would boast a population of millions. Already the Roman Ca- tholics had iive Bishops, of whom the sees of three were in tlie Lower, and of the other two in the Upper Province. The Church of England was comprised in on», diocese. The erection of Upper Canada into a scperate diocese would place within the reach of Dr. Strachan the object of his ambition. He secured the ready concur- rence of the Clergy in his petition to the King for the erection of a new diocese commensurate in extent with the Upper I'rovinco. The s ject of this petition was referred by the Imperial Gov- errnnent to the Archbishop of Canterbury ; and pending that Preiai I's expression of his opinion thereon, Lord Glcnelg aciinowled^';ed the petition [Dec. 20, 1836] and stated tiint whatever might be His Majesty's ultimate decision on the point, it would noi be in His Majesty's power to pro- vide for the new bishopric any pecuniary emolu- ments or other endowment. In 1839, the new diocese was created, and the coveted mitre fell on the head of Dr. Strachan. Notwithstanding the condition on w'dch the Bishopric was created, the new prelate did not long perform tho Episcopal fur- on gratuitously. A Despatch from ttie Colonial Secretary, of the 3rd July, 1846, directed the payment to the Bish- op, out of the Clergy Rese-ves revenues, of a sal- ary of £1,250 sterling, a year, with all arrearages from the date of his appointment. In 1849, a por- tion of the Cler;jy expressed their discontent in tones that disturbed the meek pielate's repose, with the secret mode of distributing the monies. To calm the irritation an anonymous pamphlet was published, for private circulation, early in 1849. This production was attributed, and doubt- less correctlj, to the pen of the Bishop himself. It denounced the clerical agitation as "unques- tionably very wicked;" and asseited that -'It " was reserved forasmall poitionof our Clergy lo <- give an example of insubordination and selfish- '* ness nowhere else to be founil," but it never- theless told the unwelcome ieciet of the Bishop's salary. Lord Godericli's scheme of bribing into ac- quiesence with his plans for giving for the church of England that iactitious ascendancy which money can command the more considerable re- ligious tiodies had, after a fitful promise of suc- cess, failed in its object, solely from the inadequa- cy of the means of bribery ; and it was ; solved to modify the scheme by making the means com- mensurate with the end. The Church of Scot- land ha^ expressed its dissatisfaction, and there hail been a'minature insurrection in the Wesley- an Conference. The ostentatious nervousness of Lord Glenelg on the subject of Imperial inter- ference with tlie exclusively internal concerns of the Province, did not prevent his throwing out the hint (Despatch to SirF. Head, Dec. 19, 1836) that a measine for dividing the Reserves reven- ues among the larger denominations of christians would be peculiarly acceptable to the Imperial Government. Respecting the larger denomina- tions he Srtyn: (Despatch, Sept. 7, 1837) " their "exclusion from the benefit of a public provision "made for religious purposes would be quite in- " consistent with the design of her Majesty's go- "vernment. It is, on the contrary, the anxious '■ wish that to all such christian communities as- "sistance should be afforded in proportion to "their numbers aid to their necessities." This change in the Imperial policy on the subject of the Reserves follows so closely on the acceptance by (ive denominations, other than the Church of England, of state grants as to bear the appearance of being a direct consequence of tiieir ready ac- ceptance of the money, and their almost invaria- ble promises to render in return the most obedi- ent political services. Beyond the general inti- mation of its wishes, in the despatch of Lord Glenelg, the Imperial Government gave no spe- cific instructions. Nor was this necessary: tho hint given was suHicient for Sir Francis Biind Head. He proposed a division oi the Reserves among the Churches of England, Scotland, Rome and the Wesleyan Methodists. The basis of the proposed division had no reference to the respec- tive numbers comprised in these several de- nominations in the Province : it was to be coin- cident with the proportions which they relatively bnie to one another in the Mother Country. Sir Francis submitted the proposition to Mr. Ilager- man, who at onre sanctioned ths principle (>f division, but objected to the details. He could not become the ailvocate of the Church of Rome. He pleaded conscientious scruples. Sir Francis advanced such arguments as he might in favour of his scheme. IVtr. Ibigerman redoubled his ob- jections. He declared he could not vote for the measure ; but, in defeience to Sir Francis, he promised not to oppose the admission of the Catholics to a share. In this way the scheme was brought before Par- liament : In the 1st Session of the Bond Head Par- liament a bill to dispose of the Reserves foi educa- tion had passed a 3nd reading in the Assembly. The House in committee of tho vliole on the Bill reported a resolution declaring the iJesirability of appropriating the lands and the proceeds arieiny or THE CLERGY RESERVflS. 8t from the sales thereof to the religious and moral instruction of the people. It wiis on this o( casioii (Dec, 16, 1836) that Or. Roiphmade his celobia- led speech * on the question, which for research, masterly elegance, and clear exposition of prin- ciple, has never been equalled by any oration delivered within the walls of a Canadian Par- liament. He concluded by moving ar. amend- ment to the resolution reported by the Committee " That it is expedient to provide for the sale of the " Clergy Reserves, ami the application of the pro- '< ceeds to the purposes of general education, as " one of the most legitimate ways of giving free '* scojie to the progress of religious truth m the " community." But tlie etlort was fruitless: elo- quence wasl(!d on a lioiise composed of such materials as the recent elections had brought to- gether. The amendment was lost by a vote of 34 against 12 ; and the original resolution was ca' ied, on a tlivision, by 35 against 21.« The resolution was communicated to the Legislative Council for their concui reiice. They requested a conference with the House on tiie subject, and appointed Messrs. Ci-ooks and Macaulay for that purpose. To this r'ij'H'; t the House acceded and appointed Mest^ ■ Di . Chisholm and Gowan to confer with the ' ' .. . j of the Council. The object of the Coui,,*il ui desiring this conference was to explain iheir obji;ctiou to tht) term '* moral instruction" in the rcsolLitiou of the Assembly: they dreaded that the Hcuse intended some- thing more than a sectarian application of tie revenues ; but they were satisfied on learning that a spijciiic measure of appropri- ation to exclusively si'ctarian purposes was intended. The scheme of ilivision was intro- duced intotlia Assenil)iy : it proposed to embrace the Church of Euganil. tiie f^resbyterians in con- nection with the Cluiiciioi Scotland, the United Synod of Upper Ciui.ida, the Roman Catholics, tlie British find CanaJian Melhoiiists, and the Baptists. It was n',>> proposed, in accor- dance with Lord G'leu.^lg's sug!.";e.-'Uon to com- plete the rectory puteuts ; :■■, .jli the re- serves and divide tiie iiit res! ;«■;!'.■ from the proceeds when the cfuisus s , inve been completed. The Soiitutor le. i n tved for leave to bring m a bill fc' caiiyin^ \l j 'scheme into etTect ; to which Hr. Rolpli, i(=on'-ower, and humbled itself by the humiliating i)i (diction that unless it were "supported as it ought to be by the gov- ernment" the members would be driven from its connection, " and either left whhout moral " and reJigious instruction, or given over to the ** guardianshipof teachers generally illiterate and " self interested, dependent entirely on popular " support, and of course in danger of being actu- " ated more by principles that will advance their " own popularity, than the interests, of their flocks '< and of tlie community at large." How com- pletely does the present llourisliing condition of the Free Church in this Province, which secedeii from the Church of ScotlamI, falsity this despond- ing prediction ! The mtunorialists concluded by praying " that they iniglrt be invested witb " all their just rights, as constituting one branch " of the Church of the empire :" an oblique but sufficiently significant coirdemnation of a scheme- of division wliich included several Churches, and: which bad as it was, was too liberal tc; suit the- Eurposes of the grasping Church of Scotland^ lOrd Gleiielg simply acknowledged the memori- al, and referred the memorialists to a previou» reply to a like application in which the legality of their claim had been distinctly rhnitted. Sir Francia Bond Head lelt Canada on the 23rd" of March 1838; bequeathing the settlement of the question to his succe;wors ; though the House to which his unconstitutional exertions had "ivei birth was destined to carry a measnre embodying: a scheme of division. Lord Glenelg did not abandon the idea of dis- tributing the revenues among the dillerent sects. It was now (Dec. 26, 1837) that he laid it down as a principle '* that the contributions of the state "towards the support of the dillerent christian "communions should be regulated by the extent " of the voluntary efforts which the members of " each made for the same general end." Thi» I i fm 3S THE HISTORY AND FRCSKKT TOSITIOK .1 >• U plan had been in opt* ration in New South Wales. Lord Glenelg had become prejudiced in its favor •, but when the principle was brought to a divinion iti the Assembly in 1839, only tJ voted for and 37 a^sinst it. The United Synod of the Presbyterian Church * not unnaturally regarded the propofui to divide the Reserves revenues with more I'avoi than the other boily of Presbyterians. They had no legal claim to prefer: on the contrary,their only chance lay in the scramble of division. 'J'hey addressed a memorial to the King, (June 23, IS.]'?) in which for the first time, so far as appears, they express- ed a willingness to rest satistied with the appro- priation of the lands to education and public im- provements; ^A if there was to be a denomina- tional division they claimed an etjual share with the rest of their fellow subjects. Reasoirable as such a proposition may look, its etlect was to invest with greater favor, in the eyes of the mana- gers in Downing Street, tlie plan of division. Loul Glenelg had no reply to make, but to refer to his previous instructions on the subject. The *< mildness" of this memorial drew forth the approbation of the Church of England bishop of Toronto ; and of praise from such a (juarter the United Synod of the Presbyterian Church some- what ostentatiously showed its piide. In another memorial (May 1, 1838) they showed how valua- ble were their political services, by assuring Her Majesty that not a single member of their congre- gations, scattered though they were over tlie whole Province, had been found in arms against the government during the rebellion, oi biought under a charge of seilition or high treason. After describing the devoted loyalty which caused their people tu 'ush to the posts of danger, in the depths of a Carauian winter, to quell an " uncalled-for, *' wicked and unnatural rebellion," and of the services they had rendered in upholding British supremacy against republicanism, they mode.Jtly ask for an augmentation of the grant tliey receiv- ed from government, in anticipation of the distri- bution ol the Rijserves revenues among the sects. It might be seme time before that question was decided ; and in the meantime seven of their ministers, who had recently joined the Syn(rfl, were receiving no government allowance. Lord Glenelg (Sept. 5, 1838) lauded the loyally of the petitioaers ; but with many regrets assured them that they must remain content with the amount of the grant they already received pending the adjustment of the Reserves question ; and tried I *", * Thii denomination must not be confounilcd with Ihe United Presbyterian Church. The latter body nev.r sous;ht as^istatice from the government; but vera under all circumstances true to the voluntary principle. Whenever, in these pages, reference is made to the Presbyterians not in connection with the Church of Scotland, it must be understood to mean the old United Presbyterians, which, with the exception of twc Miaisters, merged in the Church of Scotland some years age, and not the United Presbyterians of the present day. The two parties were totally distinct ; though from the similarity of their names there is great d mger of confounding them. to console them with the hope that so desirable a consuiumatioii was ueaier than they supposed. Sir (Jeorge Arthur who acceded to tho po.sl o{ Lieutenant Governor of Uppe." Ciiuada on tho *23id of March, IKIB, had already resolved, on the mtjeting of Parliament, to cause a bill to be intro- duced for re-investing the Reserves in the Crown for denominational purposes. In the last Session, that of 1837 33, an attempt had been made to re-invest the Reserves in the Cn)wn for sectarian purposes, and although theru was a majority in favour of that course, the bill introtluced for Ihe purpose was not pu.shed to a final reading. A bill was first introduced by Mr. Cartwright to re-invest the lands in the Crown, for denomiiiational purposes; it was read a second time, and passed through the Committee of the whole. Tlie question for receiving the Report of the Committee was carried by a vote of 29 against 12. The bill was dropped, fiowever; and the house hav'.iig gone ii'»'> (Committee on that part of the journals of the prt )■■ S^-ssion which related to the select CommittLO i Reserves, report- ed a resolution in favour t ling the lands and devoting the proceeds, with ..tose of the portion already sold, to " the support and maintenance of " the chri.stian religion." Mr. Rykert moved in amendment that the proceeds be paid into tlie hands of the Rec'r-Gen'l, to be appropriated, from time to time, to such purix)ses as the Legislature should direct ; which was lost, on a division, by a vole of 25 against 13. Another amendment pro- posed by Mr. Merritt, to appropriate the proceeds of 25,000 acres of the Reserves to the support of District Graminor Schools, was lost by one vote, there being 18 for and 19 against it. Ihe original resloution was carried by a majority of four, the vote being 21 against 17. A bill, founded on tlie re.-olution, was introduced ; but it never came to a second reatling. The burthening of the casual and territorial revenue with the sum of £7,29.5 for religious pur- poses was too much for even this high Tory Par- liament. They addressed the Queen to tratist'er the charge to the Reserves revenue. This blow at Lord Goderich's scheme for bribing into ac- quiescence with his plans for agjjrandising the Church of England, was only a kick at a dead lion. Lord Glenelg replied (May 25, 1838) that the charge should be transferred as the income from the Resc s increased ; but that an imme- diate tiansfer ol the whole would occti^iou a very great deficiency in the amount applicable to the support of those mini^*ters who wero paid out of the casual and territorial revenue. The division on Dr. Rolph's motion, on the occasion of his memorable speech, was the first defeat the voluntaries met in the popular brunch of the Upper Canada Legislature, on the question of seculaiising the protcstant clergy lands; and it shows the importance of electing members whose principles are explicitly avowed on tlial point, and in whoso avowals confidence may safely be placed. The stratagems of Sir Francis Bond Head had piocured the ret irn of a Parlia- or TUB CLEhav re'ERvss. 39 ll meiit, which. nolwUhatanding the professions of fL-form by many of its motnbers in their doubtful iiicipiency at the ptills, proved recreant to the jfreat and equitable piinciple of vol'iiitaiyiom. J^ay, there were not wanting instances of palpa- ble ami unbluMhing treachery; of diiect violations of iiustings' proriiiiics to vote fur the secularization of the iUserves. But these promises came from meujwho from prejudice or interbst, had hitiierto cherished anti-voluntary sentiments, ami who, now made them for the sole purpose of securiiiij; ttieir irturn, and with the premedilatt'd iiitt'iition of breaking them. In his private letters to his brother, Lonl Sytlenham de-rrihed am tlie cause of the rebellion, the di>content tiuU grew out of llie non-stttlenu'ut oftl i.-i question ; and altliough we tliink he foil into tiie c-mrnon error of attribut- ing important events to a single cause, when there aie many causes, the social evils which have resulted from the systematic, attempt to es- tablish, in connection with tlie state, a dominant Cliurch, in tliis Province, have been of great and uncpiestionable magnitude. Many political (jues- tions have received an ecclesiiistical taint ; and of all others ecclesiastical questions are discussed with grcTtest rancour and bitterness. Of all ihe injurious ellects of the system of sectional ecclesiastical ascendency which attempts have been m.ide to establish in this Province, perhaps the greatest is the incjrose and anti-s(x;ial temper of tiie public mind which has been iuducenli!Uis call for a jiidii-ia) (leci.--i,>n of iho qiioetion — Sir tiro. Arthur rt'ccomrneiiil.s lu I'urlia- iiicQt a ccctarian divi.^ii)n of tlie fl<*vrniic«, iinii in tlic event of; he failure uf ihu pr iposition lUe re- lavoBting of the lands in the rrov\n — Opponitiun to the srlicrao of divi.'t determined opposi- tion was ofl'ured to all the schotnes of division proposed. The House wasdivideil on every pro- position, and lit eveiy stage of the various schemes ; ami even in this notoriously packed Assembly did the Voluutaiies often eairy their op- position to the very verge of victory ; obtaining, in several instaneeri, much larger niajuritics than their opponents ; but the strangest feuiure in the case is the repeati-d lluctuulion of the majority from one side to the other. One of the amend- ments, proposing the application of the funds to the support of ^'oneriil eilucalion, was lost by a bare majority ol one, the vote standing 21 against 22. A propusiil to devote them to religious and eduralioiial purposes was lost by a majority of four; the numbers being 19 against 23. A pro- osai to apply them to " public u-es" «as also I :;■•• ost by a majoriiy of four ; the vote being 19 against 23. Wl.ile these motions wore negatived by such small majorities, the Attorney General «ould obtain only eleven votes against 34 in favor «f confiding the ilistribuiion of the monies to the unchecked discretion of the Governor in Council. A second proposal to app'y tiiem to the support of general education was negatived by a majority of ''•dy two; the vote being 21 against 23. Of the different bills on the subject, sectarian in their character, which were introduced into the Assem- bly, this se.'fiion, the lirst was carried by a ma- jority of four votes ; the numbe- ; being 24 against 2(). On the question ot . .ceiving the Report of the ("ommiltee of the whole on certain amendments made to this bill by the Legishitive Council, a motion aguiu made, in amendment, to apply tlie reserves revenues to the "general uses" of the Province, was negativr ! by a majority of only two; the vote being 20 ^ .ii'sl 18. But the Divisionists were not always able to muster even such majorities as these, or majorities at all. A liill drafted by i committee ol tlie House was re- ported by Mr. llykert, to appropriate the reserves to " general puri)oses." It passed a second lead- ing by a majority of five ; the vote being 22 against 17. One settaiitn amendnient proposed to this bill was rejected on a vole of 39 against 5; an- other of a like (lesfriiition, by a vole of 38 against '5; and a third by 35 a^ain^-t 5. On tlie ijueslion for the thini reading of the bill, several amend- ments wore proposed by tlm atlvocates of a sec- tarian dispDsiiioii of the lands. Finally a motion of Mr. lluttan to lecommit the bill prevailed. The committee amended the bill so as to appro- priate the proceeds of the reserves for " religion "and education." A motion to expunge the amendment wns lost by a inajoi ily of oidy three ; the vote being 19 against 22. On the question for the passing of the bill the vote stood 21 ayainsl 21, and the question was carried in the aflimative t'y the casting vote of the Spe:>ki;r. The Legis- lative Councii evpuiiLred the words " religion and education," "id siibslitnleil '' religious p.irposes." Taey also ma'lu aiiollier ameiidmeiil. the elfecl of which was to transfer the appropriation of the revenues from the I'rovinciaf to the Imperial Parliament. The House concurred in these amendments by a vote of 22 against 21. It was by this vote* that so much of the question as remained was referred to England for settlement. Hut there remained nothing but a mere question of detail— the basis of the distribution among the religious denominations— the principle of distri- bution having been determined upon. Such vascillation and utter negation of princi- ple weie sure!y never before exhibited by a Leg- islative body. One day a pmposal for a Sectarian division of the funds is can led by a feeble major- ity. The next day, the Attorney General fails to obtain foi his pidjects the support of one-fourth of the members of the House. Sectarian proposi- tions are voted down by overwhelming majorities. A bill for appropriaiing the reserves to the general purposes of the Province makes it apjxjnr- ance, and passes a second reading by a respec- table majority. It pa,ssos unmutilated in princi- ple the ordeal of a committee of the whole. The question for llie third readin-g comes on; when the House retraces its steps; recommits the bill for the purpose of negativing the very principle it had previously sanctioned at every stage of the measure ! In this tortuous course it peiseveres t.ll the bill passes by a mnjorily of one, at midnight, on the night preceding the prorogation. It is tlius that a Sectarian division of the funds is, for the first time in the history of a Canadian Legisla- ture, resolved upon; while the basis of the division is left to the deletmination of the Imperial Par- liament. There have been breathed whispers of the exertion of undue executive influence in the passing of the bill ; and to that cause has the vas- cillation of the House been attributed. This ac- cusation against the impartiality of the Lieutenant Governor ^and the integrity of the Legislature derives some support from the fact that the Legis- lature adopted the very plan suggested by Sir George Arthur in his Speech on the opening of the Session. Contemplalingthe lailnreof all plans for distributinu the funds among the sects, he says, "it will then only remain for you to * * "refer the appro'jria'ion of them [the reserves] "to the Imperial Parliament, as a tribunal free "from those local influences which may operate "so powerfully here." And his speech at t hi' close of the Session expressed the hijjhest sati.s- faction with the action of the Legislature on the question. Some few pjtilions had been present- ed to Parliament, in favor of a Sectarian division ♦ The following is the Division :— Yeas— Messrs. Attorney General. Boulton Burwell, Cartwright, Dun. lop, Elliot, Gamble, Ilotl;am, Imnter, Keaines, Lewis, Mallorh, McCrae, Mcnonnell, (North- iimbeiland,) M'Lean, Prinre, Rohinson, Ruttan, Sliane, Sherwowl, Solicitor General, Wickens,— 22. IVavs — Aiknrian, Alway, Armstrong, Bockiis, Cald- wHI, Canieion, Chisholm [Ilalton], Cook, Ccinwall, Dehor, Feriie, M'Camar, M'I')ondl [Stoi.-nont], .M'lntosh, Merritt, Moore, Parke, Rykeit, i^haver, Small, Thompson, — 21. of the fu l.ic vase the Ro inent p signed Right or TIIR CLGRtiV HESERVES. of the funds ; but these in no way help to explain l.iu Viiscillation of the Huime. A petition from iiie Human Catholics, claiming from govern- lueiit pecuniary suppoit for their religion, was si|;;nesed a second reading without a division. After three days discussion it passed through committee with some amendments. At its smtsecjuent stages, the bill met considerable opposhion ; but atl the amendments proposed were rejected, and most of them by large majori- ties. The thiril reading was carried in the As- sembly by a vote of '28 against 20, * anil in the Legislative Council by 13 against 6. The bill piovided for the transfer of the proceeds of such of the Reserves as were already sold from the British Funds to Provincial securities, and the ♦ The I lowing is the division: — Yeas — Messrs. Armstrong, Burritt,ChisoliTi (Hahon), Chisolm (Glen- garry), Cook, Dellor, Ferrie, Hotham, Hunter, Jarvis, Kearnes, Malloch, Manahan, Mathewson, McCargar, McCrae, McDonnell (Glengarry), McDonell (Slor, mont), McKay, McLean, Morris, Richardson, Ruttan, Shade, Shaver.Sherwood, Solicitor General, Wickins,— 28. Nays — Messrs. Aikman, Bockus, Bouhon, Bur- well, Caldwell, Elliot, Gamble, Gowan, Lewis, Mc- intosh, McMicking, Merritt, Parke, Powell, Robin- son, Rykerf, Small, Thompson, Thorburn, Woodruff, —20 J) .1 ;f' 42 THE HIITORY AND PRESENT POIITION l<^H', '1 I ■■'?.■ inveitiiig iutho hitter ol the procuecls to bo receiv- ed from I'uturo sales. The iiitorost upon these investments, as well us thut accruing from sales on credit, and all rents arising from such of the lands »is were leased were to be paid to the Receiver General to lurni a Fund, out of which were to bo paid, on wuiruuts from the liovernor, all stipends and allowances that hod previously been assigned to the Clergy of the Churches of England and Scotland,'or to any other religious donotninutions,iii the Province, anil to which trie faith of the Govern- ment was said to be pledged, during the lives of the recipients. Until the annual fund became suflicient to meet these charges, the (h;ficiency was to be paid out of the casual and territorial re- venue ; but when it should have so increased as 10 exceed the amount of these several stipends and allowances, and after they should have .been discharged, one half of the fund was to go to the Churches of Kngland and Scotland — the latter to include the United Synod of Upper Canada — to be divideil between these Churches according to iheir respective numbers. The residue of the annual funil was to be divided among the other denominations of Christians, according to their respective numbers, to be ascertained by a cen- sus to be taken every four years. Such was the scheme of division c;;rried under the management of Puuiett Thompson. Jn pro- posing to saddle the casual and territorial revenue, for a time, with charjjes for sectarian purposes, the Assembly stultified itself: only two j-oars previously it had addressed the Queen praying to bo relieved from like charges on that reve- nue. This bill failed to satisfy even those to whom it assigned the largest share of the funds — the Episcopalians. The Bishop of Toronto stall- ed an agitation against the bill, while it was be- fore Parliament. In a circular to the clergy of his diocese, the bishop said of the bill, " It be- " ains with depriving the national Church of near- ■" Ty three-fourths of her acknowledged property, *' and then, as it would seem in mockery and de- *' lision, oifers her back a portion of her own, so *' trifling that it would be totally insufficient to ^'maintain her present establishment." In addi- tion to this, the bill was described in the circular as ** endangering the cause of Protestantism," and tiampling on the faith of the Imperial Gov- ernment. A severe rebuke to this prelatical agi- tation was administered by the Governor General, who declaied that " whatever may be the success " of the Bishop of Toronto in procuring signatures " to petitions, the opinions which his Lordship " holds upon the Clergy Reserve Bill are not •" shared by the great majority of the communi- ' ■ cants of the Church of England." Lord John Russell also expressed his surprise " that the " Bishop of Toronto should see fit to engage in " this species of agitation. The recorded opin- « ions of his Lordship, as to the injury to society " and to the interests of religion which is likely to " spring from such a system of excitement, would " have justified the expectation that he would " have abstained from adopting it on this occa- "sion." Poulett Thompson did not attempt to disguise the fact that thia bill Wil Dill ; it* injiiitlico. The nrrival in England of the Upper Canada Clergy Henurves Billof 1840, became the occit- sion of the most extraordinary teigiver^ation on the part of the Imperial Cabinet. The previous denials of Lord Oleuelg and Lord John RusHe! of the right of Imperial Legislative jurisdiction over the quoittion were now remorselessly ignored. The first action taken by the Imperial Cabinet on the Sydenham bill was to obtain the opinions upon it, and alf>o upon the general question of the reserves including the extent of the power ov»r them constitutionally vested in the Provincial Le- gislature, of the judges of England. The result of this appeal to the Dench of judges was to give to the question in some respects an entirely new as- pect ; and certainly on one point — the extent of the jurisiiiction over the Reserves possessod by the Canadian Leiri.^latures — the opinions pro- nounced were such as had never previously been conceived eilher by 'he Imperiaf Government or those Legirtlatures themselves: they had not en- tered the imagination of Bathurst or sug^josted themselves to the mind of any Canadian (lover- nor, anxious as most of them had been to serve the cause of the sectaries, and especially of the Episcopalians. The following is a copy of I he Opinions (tf the Judges on the Questions pro- pounded to them on the I3th of April, 184(). (Delivered by the Lord Chief Justice of the Court of Common Pleas.) Mv Lords, — On the Pint of Her Majesty's Judges I have the Honour to represent to Your Lordships that all the Judges of England, with the Exception of liOrd Den- luan and Lord Abinger, have met together in Ser- geant's Inn, for the purpose of taking into Couiddera- tion the scveralQuestions which your Lordships have been pleased to propose to us ; and that after Discus- sion upon the bubject, and Deliberation, we have ag^ed, unanimously, upon the Answers to be return- ed to those several Questions, as follows : — In answer to the First Question, we are all of opin- ion that the words " a Protestant Clergy " in the Statute 31 Geo. IIL c. 3L are large enough to include, and that they do include, other Clergj' than those of the Church' of England, and Protestant Bishops, Priests, and Deacons, who have received Episcopal Ordination. For those Words, which are first to be met with in the Statute 14 Geo. IIL c. 83. (recited in the Act now under Consideration,) appear to us, both in their natural force and meaning, and still more from the Context of the Clauses in wliich they are found, to be there used to designate and intend a Clergy op- posed in doctrine and discipline of the Clergy of the Church of Ron**;, and rather to aim at the en- couragement of the Protestant religion in opposition to the Romish Church, than to point exclusively to the Clergy of the Church of England. And although the Legislature, in passing the Htntute .'list. Geo. III., appears to have had in its view the establishment of the (Church of England, primarily, and in a more esjiecial and hnmcdinte manner, as is evident from this, that the only detailed jirovisions for carrying tlie (ifiject of the Act into effect are confined to the erection and endowment of par^onuges and rectories according to the EstablLshinnnt of the Church of England, the presenting thereto incumbent or Minis- ters of the (Church of England duly ordained accord- ing to the Rites of the said Church, and the subject- ing of tiiem to all Spiritual and Kcclesiiistical Juris diction and authoritv, according to the Laws and Canons of the Church of Enylaiul which are lawfully made an'l received in Kngl.vnd (Sections 38, 39, 40, of the said Act ;) yet docs it appear to uf>, that tlie Legislature, by employing the more gnneral and cora- prehenaive term "Protestant Clergy" in the same Statute in which they also u.' infonnation as to the doctrine or discipline of any other denominations of Protestants to which th( Statute of the 31st Geo. III. can by possibility apply ' we are unable to specify any other to your Lordship.^ as falling within the Statute. 4i THE HISTORY AND PRESENT POSITION n II: # I My Lords,— In answer to thi- Question secondly put I to us, we uro nil cf oi)inion that the etl'eclof the furty- i Jirit Btiction of the Statute is jiroBiR-ctivo only, and ! that the powei' therct»y given to the LeKlBltttive (joun- 'cil and A»r 'wMy of either of the I'rovinces cannot Ihi! cxtendeii to aUect Lands which have been alriady ' allotted iind apiiropriattd under former UrantH; for ! the manifost iiiiport of the forly-firnt Section uppears [to U8 to be limited to tliii<, namely, "the vttrvin« or "repealing the I'rovisionH resiictting the ullotnient I "and appropriation of Lands," and not to compre- hend " the varying or repealing allotments or appru- " pritttiont) which have U'cn already made under pro- " visions of the Act, whilut such Provisions continued " unrepealed and in full force." The provisions of the Htatiitu of Wills might bo varied or repealed without affecting the devises of Land already made under it My LordiJ,— In answer to the question lastly pro- jioscd, we all agree in the oj)iniou that the Legisla- tive Council and Agsenibly ol the Province of I ppcr Canada have exceeded their authority in passing the Act "to provide for the sale of the Clergy lleacrvcs, " and for the distribution of the proceeds thereof," in respect of " both " the enactments specified in your Lordships tpiestion. As to to the enactment " that " it should be lawful for the Governor, by and with " the advice of the Executive Council, to sell, alienate, "and convey in Fee Simple all or any of the Clergy " llescrves,' we have, in answer to the second ques- tion, already stated our opinion to be such, as that it is inconsistent with any such power in the Colonial Legislature ; and as to the enactment " that the pro- " ceeds of all past Sales of such llescrves, which luive " been or may be invested under the authority of the " Act of the Imperial Parliament i)a3aed in the 1 k "8 Geo. IV. for authorizing the Sale of )>art of the "Clergy Reserves in the Provinces of Upper and " Lower Canada, shall be subject to such orders and "directions as the Governor in Council shall make "and establish for investing in any securities within " the Province of Upper Canada the amount now "funded in England, together with the proceeds " hereafter to be received from the Sales of all or any "of the said Reserves," we think such an enactment ia in its terms inconsistent with and contradictory to the provisions of the Statute of the Imperial Parlia- ment 7 4 8 Geo. IV^ and therefore void, there being no express authority reserved by tljat Act to the Colonial Legislature to reiwul tlie Provisions of such latter Statute. In these opinion.? ol the judges two points are comprehendeJ. First, that the Reserves were not intended exclusively for the Chnrch of England ; but that the Church of Scotland had a right to share them ; and that although other Churches might be in- ciuded, the judges were unable to specify any. Secondly, that the Provincial Legislature has )io power to dispose either of the lands or the funds arising from the sale thereof. As to the first point, it is very ^oosely jput ; the problematical style of expression adopted leaving the question just wheie it was before. It cannot be denied that to the Imperial Government, when it proposed legislation on the doubtful point, this was a very convenient latitude. The case was precisely in that equivocal state that left ministers the discretion of acting as they should see fit, so far us the legal aspect of it was con- cerned ; and had no quu.mon of expediency or statti policy Htiyi^ustcd itself '.o tlio mind of Her Mujes- ty'« iuini>turs it in ma improbable that the entire fund might have been divided between the Churches of Kngland and Scotland. But while the Imperial (iovuniment resolved to ritik tliu eltuct of a more general scheme of distribution, they were evidently convinced, not merely Ly the a-ssurancca ol Sir Geori^u Arthur, but IVoin the manifest temper uf the public mind, that no such narrow scheme of division promised even tho faintest hope of snccesi. The value of a judicial opinion which has been violated in any one paint, for the sake of conve- nience, becomes very <|uestionable in public estimation, . if, as in this case, the parties who procured it are the first to set it ut defiance. And even though its intrinsic value should not be called in question, if the right to contravene it in one point is practically declared by the action of the Legislature, it can no longer be considered binding in other points in respect to which no such contravention has been deemed desirable, any moielhan could the validity of an international treaty be held by one nation that claimed the right to violate some of its provisions^ binding on another nation, when both had been parties to its adoption, and botli equally bound to obey all its previsions. The bad faith of one ol the parties to suoh an engiij;ement would release the other from all obligations in respect to it. So it is with the opinions of the judges on this quet tion. They are either binding on lioth the Pio- vincial and the Imperial Legislatures, or they are binding on neither. If in any one point they are contravened by the one, they can no longer be held to impose any obligation on the other. The Imperial Government — as we shall after- ward.s see — by contravening tiie opinions of the judges so far as to admit the Roman Catholics to share — and on moral grounds such admission would be justifiable if any division could be, which we deny— in the reserves revenues. How then can these opinions, in other respects, after this, be held binding on the Canadian Legislature ? A judicial decision of which the Imperial Gov- ernment should claim all the advantages of the violation, and subject us to a!! the disadvantages of its observance, would become an instrument of gross injustice. The conclusion is inevitable that, in con.sequence of the cnifravention, in one point, of this judicial decision, we are morally released from any obligation which it might otherwise have imposed upon us, and shr ild be justified, apart from all considerations of policy, in treating it as non-existent. We should then stand on the same ground, in respect of legisla tive juiisdiction, that we had always previously occupied. That ground was the conceded right of Provincial legislation over the question. Wheth- er the subsequent action of our Legislature haa placed the question in any different position is another matter. The first intention of Loid John Russell seenru to have been to sanction the Upper Canada bill of J 1 At' TIIK CLJdnHY RKNCRVJii. i$ 1840. When the Union bill was umlor ci)n>iilL>- ration in the House of Commouii, tlie (iobuto branuhed out so as to uiiibruce the genurul aliiiiiM ol'tho Province: tlin I'ollowing viows wore olicit- ed on the Hubjuut of the SyiU^nham bill : " Lord John Uuflsoll said in reft rcnce to the U. (/iinn- da hill that it was likuly tu i^ivu guneral galidfaction. There could bo no duiiitt that a strong fetding uxiuted on thia subject in ('ana*lii, !*(> much 80 that tho par- tial inaurrcclion which toolt placi.' in 1837, hud been a.icribcd by many iierHon.s far more to tiie excittunont prevailing uu liii.-t (lueHlioii lliaii to any wi.4h tu throw oir allegiencc to tliu (Jiowii. There were various feoling.i on tla> subji'ct, but they were all united agaimtt the application of llie (,'lergy Reserves exclu- sively to the supi)i>rt of llie I'liurcli of England. "Mr. Hume said the nelh;(l to succumb. The following is a copy of the Imperial Act thus passed at the dicf.ilion of the Kngluih Uishops ; A.NSO TEltTlO Jk l^ir .11(10. V I C T O R I yl'] R E G I N vE . CM'. L.xxvin. ./In. id to jirovvle for the Solr of the Clerixy Reserve* in the Province of Canadii, and for the dixlrihuiion of the jiroeeeils thereof I1th Jus;hsI, 1840.] Whereas it is expedient to provide for the final disposition of the Lands called Cler^jy Reserves in Canada, and fiu- the appropriation of tlie yearly in- come arising or to ari.se therefrom, for the maiutc- nance of religion and the advancement of christinu knowledge within the said Province; he it enacted by the Queen's most Excellent Majesty, by and •with the advice and consent of the Lords Spiritual and Temporal, aud Connnons, in the present Parliament as.-^cmbled, and by the authority of the smne, That after the passing of this net it shall be lawful for tho Governor of the Province of Cauadtv, by and with the advice of his Executive Council, and under such regulations as may be by him from time to time in Council established in that behalf, and apjirovcil by the Queen in Council, to sell, grant, nlienate, and convey in Fee Simjile all or any of the said Clergy Reserves: Provided nevertheless, that the quantity of the said Clergy Reserves so to bo sold as aforesaid in one year Bhall not in the whole exceed one liuudi'es which Imve boi'ii or hIiuII he investvil under the authority ofiui net iihrhiiI in tjie Kluhtli vnir of llic roitfii of King liforjre the Fourth, intitulcil .'III jli-t It) ituthorift the ntih of imrt of lite Viifrify Ucicrrm in the I'nwinrtit of Ujiprr tiii'l hiwrr Camtdti, nlmil he siiliji'Pl to Hiich orilerH us tlie (Jover- nor in Council fliiiil niiiki; for invegtiufr, cither in (oinc l'i.))lio I'nndit in tlic I'rovincu of t'ltniitlii, necurcd on tin- Consididiitcd Fund of llie Hiiid I'rov- ince, ur iu the I'idilic Fundu of c insullicienl to meet, shall be defrayed out of the cnaual and territorial revenue of the Crown in the Province of ('anadiv. IV. An^l b; it enact*!]. That as soon as the said F'uml shall exceed the amount of the several stipends and all(.wanee:< itf ircsaid, and subject always to the )irior 8ati,uds and allowanceH to any rlergynntn ot the Church of England, as part of tho tihare accruing to the ('liurch of England, and lla; Kti|ien(ls and allowances to anv clergyman of tho Church of Scotlaml as part of llio share accruing to the said (Jhurch of Hcollan«l, ho that neither of the churches Hhall receive any further or other Hinn U-- yond such respective stipends and allowaucei* until the Proportion of the Kaid annual Fund allotted to them respectively in manner aforesaid shall exceed the annual amount of such sliiM'udi and allowances. V. And be it enacted, That the Share allotted and approjtriated to each of the saiil ('hurche.H shall be cxpeiulcd for tlie support and imiintenanee of public Worship and the propagation of religious knowledge, the Share tif the said Church of England being «o expended under the atithoritv of the ''Sociity for the Propagation of the (iospel in Foreign l'art<<, " and the share of the said (!hurch of Scotland under the authority of a Hoard of nine Commissioners, to be elected by the Synotl or Synods of the Presbyterian Church of Camida in connexion with llie (church of Scotland, under such regulations as shall be from time to time establisheel in I'liri'igii I'lirtit. luid i»v\\ kiiin m iihull bv nvi'iU-U ti> .■•ii|>l>ly tho ik'tlciviicy of the tiiiid hiiiii oi'une thi>iii mich i>em)ii ur |K.T9oni as hIiuII Ik; ainioinleii to rccoivo the mime hy liny writing under tlio lmnd« of any three or iiiiiiv of the (.'omniissioniTi under whose autliority llio Hiiaro of thv Church of Scotland is to lie expind- ed M aforesaid ; and all Hiiintt so |iaid out of the tJon- itolidated Fund ithall Iw Dewrally u|>i>lied, under tho Miilhority (if the Huid Kouiety and ot tlie la:it niention- cil (Juniuii^sioner rej|iei-lively, for tlu; 8U|)|i(ii't and ni'iintenance of public worship ami tlit; l'r(ipii((ation of lU'liifious Knowledge in ouch of the ttaid churchej in (Canada. IX. And 1)0 it enacted, TImt accountjt of the Kx- pcnditiire of every iiiini of money so to he received out of the »aid annual Fund, or out of tiiu Consolida- t*'d Fund of tho I'nited Kingdom of Great llritain and Iceland, hy the said LMiuniiei* of Knglaud and >Seot- I.ind, or by any other religions body or deiKmiination oIlMirialians respectively, under tlie authority of this art, shall bo, on or before the twentieth day'july in each year, rendered to the Uovernor of the said Pro- vince in Council ; and that until such accmints shall have been rendered, and the due and proper Kx|>cn- diture of the sum granted during any preceding year shall have been established to the satisfaction of the (lovcrnorof the said Province in Council, no other or further sum or proportion of the said annual Fund shall be paid or allowed to any or eitlicr of the (Jhurch- e.t, Keligioud bodies, or di niinations of Christians failing, neglecting, or ref to render such account, ur to verify the suntu as M ; and that copies of such accounts shall ann , ..c laid before the Legis- lature of the said Province. X. And be it enacted, That wheuovor there shall nppcar to the Governor of the said Province in (Council sullicicnt reason t» apprehend that there has been any misappropriation or non-appropriation of any sum or sums of money [mid to any of the said (Mmrchef, Religious bodies, or denomlnalionj of christians, out of the said anniuil Fund, or any neg- lect or abuse in the expenditure or management of any such sum or sums, upon direction for that pur- pose given by the (lovernor, it shall bo lawful for the Attorney (Jeneral to apply summarily, either by Pe- tition, or Information to ur in tiie Court of Chancery in Upper ("anada, or to nnv one of the Superior Courts of Record in Lowe Cunadii, setting forth tho nature of the abuse apprehended, and praying Disco- very and relief in the Premises, as the nature of the ca^e may recpiiro. XI. And be it enacted. That from and after the pa:^sing of this act, so much of an act passed in the Twcnty-fuvt year of the Reign of King George the Third, intituled, "An act to repeal certain parts of an act passed in the 14tli year of His Majesty's Reign, intituled, " An act for making more etfectual provis- ion for the (Jovcrnment of I'rovinco of Quebec in North America, and to uutke further provision for the Government of the Province," as relates to any Re- servations of Land hereafter to be made in Upper or Lower Canada for the support^and maintenance of a Protestant Clergy, shall be repealed. XIL And be it enacted. That in this Act the words " Province of Canada," shall be t.iken to mean the Province of Canada as constituted under an act passed in this Session of Parliament, intituled, An act to rc-unite the Provinces of Upper and Lower Canada and for the Oovcrnmcnt of Cunndn; and the word " Governor" shall he taken to m"an anil incliuttf the Governor, Lieutemiut Governnf, ix olbcr pernoii adminUtering the (ioverniucnt of tiiu Province vf Canada. XUI. And bi' it enacted, That this .Vet may Im anienilcil or rcjicaled by any Act to bo passed in thid Session of I'ariiument. Ill the passing of this Act llm nisliops ^orurt'd i;roatur advaiitagt'tf for iIih Cluurli ol Kiiglaiut iiiaii tiiu Upper Cuiiuiia bill hml givijn. They gniiied nii aiivanta^u not only ovtu tliu ('hurch of Scotland, luit also ovtir the (iiIut recipif'iit denu- miiiations. Umlei the Syilfidiuiii bill lliu Cliuieh- e.i of Kuj^laiiil and Scotlaiul weie not se«'ured liiu levuiiue fioin the fuiKleii pioct.-eds of all past snie.t, UH they nro iiiider tho e\istiii>^ Imperial SliiliilH ; and the ChurciiorKiiLtlainl wu.s toNJinro with the Church of Sttollaiul e(iiiiilly, accordingti) their respective iinrnbuis, one half of the annual revenue iificr payiii'j; the slipcMiiIs ami nliownnces lo those mini.itcrn to whom "the taitli of the " Crown wa« pledged ;" but now instead of an equal division to thi.« extent, the Cliiiieh of Kiig- laiid receives lelalively lo the Church orScollamI in tlie proportion of two to one ; an iiieciiiality of (listiibutiuii not juNti.led by the (lis|i:iiity of nnin- bers in tiie Isvo Chiirciies, for the Free CI ^rch (lisruptinn had nottliined (he ranks of tiie Cliiirch ofScotlaiul when the Imperial .\ct was pj»s.seil. It is probable, indeed, tliat tlio .«aL,Mci(in.s bishop.'j were misled by tho inaccuracies of tho Upper Canada Census of I83fl, which slated tho num- bei.s of tho Church of Kngland at 7!),754, ami tho.te of (he Presbyterians at 7S,38U, wiliiont dis- tinnuinhiiig from the Churcli of Scotland and the Uniteil Syiiotl of Upper Canada the United Pres- byleiians, the aggregate numbers of the throe de- nominatiotiH bein;' about cqiml to those of the Church of Kngland. Had the Free Church seces- sion been hirseen, the Sydenham bill would not have been quite so obnoxious to tlie English bishops ; for in proportion as the numbers oi' the Chnich of Sfot'aiiil were reduced so much tlie greater would have been the slrare of tlie l^pisco- palians on a plan of division which proceeded upon tho respective numbers of the two bodies. But notwithstandin3 Lutherans 10,292 Quakers 6,279 Independenla 5,824 rnitariiins and llniversalists 3,538 Jews 262 Other Creed.-! 19,607 No Fixed Relijrion 43,251 ITtiaccouutL'd tor 58,043 Total 709,847 The Clmrches of Fm{ 'and and Scotland, taken together, number only 246,415, which is less th.an one-third of . le whole population, while they recelire nearly three-fourths of all Ih** reserves revenue. We are at a loss to underst- 'nl on what grounds any party can justify the present arrangement. Orlainly not on those generally assumed by the Hiirh Church party ; for if the Church of '"ngland had been entitled to the wljole of the propel ty, on what principle have others been admitted to a >iiare ? If we assume as cor- rect, the opinion of the law office-s of the Crown that the term " Protestant Clergy " includes no other than the Clergy of the Churches of England and Scotland, the s;ime question recurs. And if the principle of division be justifiable on any ground.s, the basis of it ought to be equality among the different denominations ; each receiv- ing ii. proportion to iu numbers. But we far- ther : we deny the possible justice of ai.y deno- minational division of these revenues ; and.were this not the case we shunid deny the expediency of such a distribution. The various religion.'? denominations are not agreed !■' the propriety of receiving (wcuniary assistance liom the state: some reluse from consciiMtious motives to accept such assistance : these number a large proportion of the entire poM' lation. Slate favor' to the others, who hold ditferent views, aie at the ex- pense of these ; and hence the injustice of the policy which grants such favors. Hut were there no injustice as between the diirertfnt denomina- tions, the inexiwdiency of such yrants would be sufficient to condemn them. Fur the SluiO to take the priesthood into its pay is to ilostroy tiie independence of the church imd corrupt its min- isters. The Church ceases to be an independenl powei . lot while it leans fur support upon the State it must butv to the dictation of the same power. The only good feature of the Impci ial Act is that it prevents anymore leserves being made. Perhaps the worst feiilure connected wiiU the passing of the Imperial Bill of 1810 is the demon- stration of a predominent sacerdotal influence that ovorrnled the deliberate decisions of the British ministry ; foreshadowing, as it does, the more than possible re-exertion of that influence when the (jueslion a<;ain cornes before the Imperial Parliament. That there is nolhi:i;:: t() fear from this source we dare not persuade ourselves; and we cannot contemplate without the profoundest emotions of apprehension and alarm the pos.*ible results to the Empire of a reckless preiatic?.! in- terference in this question, which for a quarter of a century has been the source of an acrimonious and unceasing agitation In the Province. GHAriEB XUI. Aggrpsiiivc mf>«'«>m:iu ;>filio Kpincopalinns rept>1«eil by a Tor J House — £1,800 for oil roincis — Movementa in tho House — Dispute ns to the mode to be adopted in opening up tho question — Tho present position of the question. Some time elapsed beTore the carrndling of the Sydenham bill, and the substitution of an Impe- rial Act, passed at the dictation of the Bishops, became generally known in Canuila. By that large pmpoitiou of the Canadian population who belong to neither of tho lavoured church- es the subterfuge was condi-mnud ; and in 1844 the agitation dirc^cte 1 against the Impe- rial Act with a view .> the secularization of the lands had become popular with the Reform party. The Episcopalianj took the alarm, and, in 1846, they petitioned the Legislature to invest or THK CLERGY RESIRVIS. 40 ^ on any equally h reccfV- ve far- ,y I'.eno- aniLwurn pediency religion.'* ipriely of le stiitR : to accept proportion to tiie it the ex- ce of the ere ther« criomina- would be Stitie to ostroy the its min- epeiidenl upon the r the same al Act is L^ made. wiiii the lie demon - iience that lie British the more tMice when (3 Imperial fear from L'lves; and nofoundest le pos.*ible ilaticp.i iri> 1 quarter of crimonious e. ovements in ! adoptpd in aition of tlie lling of the r an Jmpe- e Bishops, . By that population id church- ; and in the Impe- rization of he Reform larm, and, e to ulve^it in the Chnrch Society the muuagcinent of a por- tion of the Reservos equal to tliat to the proceeds of which they were entitled by the Imperial Act. A ppiposition in harmony with the prayer of llie episcopalian petitions wus introduced intotlie As- sembly by Mr. H. Sherwood, who stated that the Church Society were willinjf to aliandon their erial Government, Lord •Stanley, who was then Colonial Secretary, list- ened without reluctance to the prc^iosiiion. In February, 1846, he Alirocled Earl CathcarL to inquire into several* mattei a connected Wi.h the managcm«':it of the reserves^ and, if his opinion should be adverse io that of Sir Charles Metcalfe, he was required to report to the colo- nial office the reasons on which it was fouii-lcd. An akerat.on was lequiied to be made in the Act of Union, and, if it were decided to grant the demand of the Episcopal iane, it was the intention of Lord Stanley to bring both questions under the consideration of the Imperial Parliament at the same time. The despatch of Loid Stanley was brought under the consideration of the Provincial Executive Council ; this being one of the case,' which Sir Charles Metcalfe considered of "ade- quate importance " to bo submitted to their judgment. In April, 1846, a minute of council was adopted, recommending the stoppage of tlio sales of Clergy Reserves, on the ground of their alleged undervaluation, by the commissioners ■ippointed for that purpose in 1843. A circular ■was sent to the Crown Land agents in the several districts of tl»e Province, ordering them to " b--;:- pend " all sales of Clergy Reserves. The cir- cular gave as the reasons that had influenced the P.ovlncial Executive to take this course, the • The following is the division on the amendment for getting rid of Mr. Sherwood's motion : — Ykas, — Messrs. Baldwin, Boutillicr, '^auchon, Cha- ■bot, (/haaveau, Christie, Cummuigs, Daly, Desaunier, DeWitt, Di'ummond, (iowun, Guillet, Hall, Jessuji, ijafoiitaiiie, Laterricre, Leslie, Macdonald (Glengarrj) Macdonald (Kingston,) Macdonnoll (Stormont,) iMc (jonnell, Methot, Morin, Nelson, Papinean, Fetrie, Price, Seymour, Smith (Frontemc,) Smith (Mis.sisquo) Smith (W'entwortli,) Stewart (Bytown,) Tache, Tache- reau, Viger, Williams.— 37. Nays, — Boulton, Caylcy, DcBleury, Draj •;r. Duggan, l!rmatinger, Foster, Macdonnell, (Dundas,) Moffat Monro, Robinson, Sherwood, (Brockville,) Sherwood (Toronto,) Watts,— 14. alleged undervaluation of the lands, and the re- ceipt of a uespatcl) from the Imperial Govern- ment. Strange to say, the head of the Provincial Cabinet, whfni iiiteirogated on the subject in the House of Assembly, denied that any such des- patch hud been rece.ved ; thus dis>.reditiiig one of the statements given in the circular of the Crown Lands Department of the reasons that had induced liio Execuliio to " suspend " the sales. The truth is, both statements were incorrect. There had been received a (le.\n.>tch from Lord Stanley, dated February '28, 1846 ; although Mr. Draper ventured to deny its existence. But that despatch did not, as t'-e circular had intimated, authorize a stoppage of the sales. On the con- trary, it instructed Earl Cathcart to suggest in whut way it would be nossible to increase the annual amount of the sales beyond the legal maximum of 100,(XK) acres a-year ; and the Pro- vincial Executive were required, In adju.st:rg the quantity to be sold, to exercise a discretionary power. It is but too evident that tlie stoppage of the sales was made with the view of furthering ?y would not assume the responsibility of advising Eail Cath- cart to recomnienii to the Iniperiiil Government an alteration of the Act of 1840 for that purpose. Earl Cnthcait had the manliness not to be misled by the report of the committee of Assembly of 1644, a it had not been adopled by the hou.se ; and to assure Lord Stanley that a very strong feeling existed against the proposed disposition of the lands. Thus ended the first attempt of the Episcopa- lians to disturb the present " saltlement ;" and its failure shows how hopeless are the chances of the High Church party to carry out an aggressive policy in respect to the Reserves. On this occ, ..iori Messrs. Baldwin and Price allowed themsolves to be betrayed into an Jidmission that t' .; Impe- rial Act should be regarded as a final settlement of the 'question ; an admission which has subse- quently been used by the High Church party as evidence that the Upper Canaila Liberals were originally satisfied with the conditions of the Imperial Act of 1840. But it is obvious that no BPcn incidental admission could be regarded as an exposition of the views of the political party of which these gentlemen were members ; much less can they be supposed, at this day, to impose any obligations on those wlio are now or may hereafter be, entrusted witli the exercise of polit ical power, in the Cabinet or the Legislature 60 THE IM'TORY AND PRESENT POSITION m m m rM; I ::.' hi:' I ">■■ The one-half of the proceeds of the Reserves sold under the Act of 1840, to Lo distributed by the governor in council for the "purposes ot pub- lic worship and religious instiuction," had accu- mulated till, in January 18-18, it reached £1,800 currency. On the 1 !Hh of that rnontii a notice ap- peared in the Ollicial (Ja/ette tiiat any religious body in Upper Canada desirous of receiving a share of this fund were to make application to that effect to the Clerk of the Ivvective Council, before the first of July then Jievt ensuing. The applicants were required to slate whether they intended to apply the share that iniglit be alloca- ted to them to the purposes of religious worship or religious instruction, a:i;i ut a month's duration. Besides, the Parliainein had been called together soon after the formation of the ministry. There had not been sufhcient time for tlie Government to prepare measuit,-; on the great questions. Such were the excuses that allayed the impatience of those whose anxiety was oiiiefly directed to this questior . The refusal to touch it in the second Session, on the plea of not being >, prepared for any decisive action, shook the faith of many in the intention of the government to > grapple with it at all. When the third Session arrived, it could no longer be corcealed that the promised negotiation with the Iinpeiial Govern- ment had not been opened. The distrusts of the advocates of secularizatiou increased. A lew days before the opening of the Session, a public meeting was held in Knox's Church, Toronto, to discuss the question. The meeting was called by a Society which had been organized in Tor- onto, under name of '< 7%e Anti-Clergy Reserve Association." The preliminary meetings of the Committee of the Association had discovered the existence of a violent antagonism in the very heart of the association itself, as to the course to or THE CLERGY RESERVES. 51 be taken at the public meeiirifj^. One section of the Associiitioii contetuled lliat the ^[oveiument ouifht to be cali'j(l upon to make tlie (jueslion a government nu-iisure. Thia the partisans ol the government in the Association strenuously oppo- sed. They also objected to the appearance on the plati'orm, at the public meetinu, of a gentle- man who had recently re8i"ned his seat in the Cabinet. On this point also the antagonism waxed warm. The nigiit for the meeting arri- ved. A consnllation was held in the basement of Knox's Church ; but the dilference coulil not be reconciled Dr. Burns and several other gen- fiemen sviio had been named as speakers, refused to go on the platform if the hon. Malcolm Came- ron was to be excluded. One gentleman, how- ever, who held the same view, went on the pi ,t- torm, made a speech and proposeil a resolution in tiie very teeth of tiie ministerialists, in whose faces bank dismay was depicted. Tliey liaii de- iended their iilijection to admit th? retired minis- ter to the platlorrn on the ground •ihi;t his appear- ance would give to the movement an anti- ministerial character. During the meeting, something occurred to call Mr. Cameron to the platform, whicli lie mounted amid the cheers ol one poition, and marks of disapprobation from another portion of the audience. lie denounced with withering effect the opposition he had en- countered. Ketorts were hurled back with impa- tient temper ; till the excitement rose to its height. AH this only served to increase the mystery and the distrusts that surrounded the intentions of the government. The third Session of Parliament opened ; and the Royal Speech was silent on the (piestion which of all others most ileeply agitated men's minds. Still the situation of the government was not fully known, and the motives of their con- duct were variously interpreted. The Clergy Reserves were not to be made a ministerial measure ; but why ? There was the mystery. When tlie Session was about live weeks old, Mr. Price introduced a siring of 31 rcMilutions, ill- written and iilogically arranged ; and which, having recitoil the action of ti..; IJpper Canada Legishiture on the question ^'r-n^i 18*27 to IS-W, thus concluded: 28. "That it is the opinion of this House, that the legal or constitutional impedinients which stood in the way of Provincial Legislation on this subject, sho'dd have been removed by an Act of tlie Iniperiul Parliament, hat that the appropriation of lloveniifs derived from tiie investment of the )>ri)ceeds of the public lands of Canada, by the Imperial Parliament will never cease to cause discontent to llcr Majesty's loyal subjects in this Province. 29. "Tbat tliis House is of opinion that when all the circunistancca connected with this question are taken into consideration, no religions denonnnation can be helil to have such vested interest in the reve- nue derived from tlie proceeds of the said Clergy Reserves, ai should prevent farther Legislation with reference to the disposal of them, but this House is nevertheless of opinion that the claims of existing incumbents, whether of individuals or of rsligious bodies should be treated in the most liberal manner. 30. "That in the opinion <;!' this IIout;u the most lUieral and eipiitulilc mode ,if sellling this long agi- tated (pic.stion, WDuUi be for the Imperial Parliament to pass an Act p'-ovidinj, that theannniiins :yw pay- able to the several d'lunniiiations of Christians n ceiving the sani'', slmiilil t^-rminatp at some npecified time, either on tii.- demise of parties receiving the same, or at the expiration of a term of year.^, and that suliject to this iirovision the Provincial Pai'liainent should lie authorized to apju-opriatc as in its wisdom it may think proper, all revenues derived from "the jiresent iiiveslments, or fnun those to be made here- after, whether from the jiroceeils of future sales or from instalments on those already made. .'il. "That it is the opinion of tlii.s House, that an luinible Address should be pre-enled to Her Most gracious .Majes'v tlie Queen, [iraying that Her Majesty w:>l recommend to Piirliaiiiout a meajuie for the repeal of the Imiierial .Vet 3 & 4 Vic. Cliii]i. t.!, and fur the Canadiar. Legislature to disjiose tif the pro- ceeds of the Clergy Keserv'.'s, suliject ') the author- izing the conditions above described.'' The contradict! ay views on tlie question elicited from ministers during the discu.ssion of tiiese res- olutions reveaieil the cause of ministerial inaction and the reasons for not making it a miiii,>terial (juestion. But another question was laised res- pecting the proper mode of proceeding witli the open question ; one party contending that the jiower constitutionally vested in the Provincial Legislature left open to it no other couriL,e of pro- ceedu'.g Uian by aiidress to the Imperial Parlia- ment, as proposc'd in the resolutions; another taking the giound tliat it would be bi tier to pro- ceed to the settlement of the question at once by bill. On the disputed point the introducer of the resolutions said : " It huil been said by some " persor.8 that the measure Ihially to settle thi^ " great question should have been brought in by " the government, and likewise that it sliould " have been by bill, which would be sei Dine '< to receive the Royal A.ssent, instead ui an " aildre-is asking the Imperial authorities to j isH " such a bill, liut he had taken his present " cour.se because he belit;ved it would mo>t elfec- " tually settle the question. It was, indeed, the " only course open to him ; it was liie only course " wliic h could regain to Canada the complete " control over tlie Clergy Lands whicli they had " resigned to the Imperial authorities. He ♦' wished to ask whether, when the goveinment '* could not agree on this question, if he and '* those members who agreed with him had re- '* siiiiied there was a party in the house .strong " i^uongh to force the remaining members of the " government to make this a Cabinet (piestion, " and carry it through. He believed that he '' could answer in the negative." In the course of his speech Mr. Price frequently repeated the assertion, directly opposed to the fact, that the Provincial Legislature had surrenderetl the con- trol of the question to the Imperial authorities ; relying appcently upon the obscurity in which this point was involved by the popuhir ignorance on the question. The admission of the impossi- bility of agreement by the government on the question elicited an inquiry of Mr. Price whether E 2 I ft9 THE HISTORY AND PAXSENT POSITION r, he had not, in a publisliod lelliM-, stiitud that no dilTevfnce t- xisled lu'twiHii him iiiiJ hi.'^ foMoiiguos oil thf! (lucstioii ; aiK. to \vhi(rli an aHiirnativt- roply HCMvt'd as a lull CDiii'cssidii (j1' ihi! ineoneet- nesHot tlusillcgalioiiol' iiii.ihimity- It wasihy siitdi Klatemoiilti as this Ihat tliu p'uMiu had bt't-ii misled and tl;e inystt'iy iiitnt'a.s(!d, uii to the iii- it'iitioiis oi' tho yuvLMnmeiit to ihe latiM inoiui'iit that coiicealnu'iit waspossiblu. Solicitor (ioiHMal IMacdona'd put the t'lKiiuiy : "Did Lcoiilk'Hieii " snpposo t!i;it tlia ]]iili-li (ioveiiiiiieiit would " permit a hill to become law wi.ieli would *' sweep away an AvX of tlu; Impeiiai Par- " liumeiit." Ml. Ualdwiii combalted certain doctiiiios wiiich had been inoaehed in rey;aid to tlie dispo.sal of tlue Jieserves. " There seemed "to be an opinion,'' he said, " out of doors that " this question was to be disposed ol by tlie opiii- " ioii ol a mere majority. Tiiis was a false priii- "ciple in morals and polities, lie (inestioned ■wliether the absolute will of a siiij^le iiulividiial '' would not be less despotic than lliat of a inajo- '< rity, if it were held that a majoiity Tni;.'ht do "any tiling. 'Iheie innst be riiiht and jusuch as " well as tli(! will of a majcirity. Nor did he :;d- " mit that these lands were the property of the " people in tlie serse they were sornelimes said "to bo, since they had been set apart for a " particular purpose. There must, he repeated, <' be somelhiuliity to see tiial the Coiislituiioiial Act ' "should be preserved sacred, and all denomjna- ' " tions admitted to participate e(|ually. He doni- I " ed the statement of the Hon. meruF)er lor Corn- ! "wall (Hon. J. H. Cameron) that the religious j "endowmenis in Lower Canada rested on no i " surer foundation than the Hestuves. ISine- " tenths ol tliost! lands were donations from pri- " vate persiais, and lu't from the Crown." The Hon. gentleman objected to the Imperial Act, on the jrround that it was passtul without tlu; consent of Lower Canada. Hon. M. Cameron concluded a long speech by moving tor a select Committee to report a bill for appropriating the Reserves revenues to tlio purposes of general education. The speeches of Ministers had anticipated this course, and raised objections to it in advance. Mr. Hineks who followed took the same ground as had been occupieil by his colleagues on this debatable jjoint. " He admitted that there was a " wide dilf'erence in the Cabinet on the subji'ct of "the Clergy Reserves; but it was an utter inis- " repiesentation to charge m("~ "jcis with ent'ea- " vouring to evade their pletlges t'l '.he country. " The Ministry weie charged with being rene- " gades and traitors, because they did not choose " to adopt the absurd and unconstitutional measure " suggested by those Hon. Members who were "content to treat the question only by the iiitro- " duetion of a bill. These parties were striving " to deUule the Reform party by declaring that " theirs was the only pnjju'r mdtle by \^'lich to " firing about a satisfactory settlement." Solici- tor General Drummond cxpresstui opitiimis in direct oppiisilion to tlmse of >Jr. (^afontaine. Fie said : " In the case of these lands there was no " donee ; ami he looked upon the endowment as " incomplete. Ho denied that any vested right " had arisen uniier tliest; enilo'vments. Rut even " if there were vesied rights, was it not the lirst " duty of the Parliament to preserve the peace of " society ? Did there not arise in all communi- "ties occasions in which the interests of society " required that vested rii^ifts should be dis- " turbed? Who would say that it was wrong lu " France when she manumitted all the serfs in the " country in one night? Yet that was an inter- " feraiice with a vested right. Was it wrong in " England to free the blacks in the West Indies? " Was il wronir in tlie British Parliament to take " from the Bishops of Ireland a amall portion of ■• ^ " thei "Mo " the " in 1 " per? " En;. " in t « did " that I or THE CLERGY KESERVES. 53 "their large income? Wus it wrong in Lord " Morpeth to propose to take an annual sum from " the Irish Churcn arul give it to education ; when " in many of the benefices there were but few " nersons professing the religion of the Church o( "England and in others none? In the debates " in the English Parliament on that proposal he " did not find any one object to it on the ground " that it interfered with a vested right." The projHjsal of Mr. Cameron to proceed by bill was negatived by a vote of 13 agauist 56. Yras — Messieurs Bell, Boulton of Norfolk, Cameron) of Kent, DeWitt, Fcrgusson, Holmes, Hall, Hopkins, McConuell, Papineau, ftcott of Bytown, and Thomp- son, — 13. Nays — Messieurs Arrtistrong, nadglcy. Attorney General Baldwin, Boulton of Tordiito, Boutillier, ("nmoron of Cornwall, Cauchon, Cuyley, Chnliot, Chauveau, Christie, Chrysler, Davignoii, buchcsncj, Dumas, Flint, For er, Forquin, Gugy, Guillet, Inspee- tor General llincks, Jobin, Lacoste, Attorney Gene- ral LaFontaine, LuTerriere, Laurin, Letuicux, 8uliui- tor General Macdonald, Macdonald of Kingston, Sir Allau N. McNab, .Marqins, McFarland, McLean, Mer- ritt, Metliot, Mongenais, Morrison, I'oiftte, I'rince, Price, Richard!*, Robinson, Ross, Sanborn, Sauvageau Scott of Two Mountains, Seymour, Sherwood of Brock- ville, Sherwood of Toronto, Smith of Durham, Smith of Frontenac, Smith ofWentworth, Sterengon, Tache, Viger, and Wilson, — 5tf. Mr. Morrison moved an amendment to the 29th lusolution to the effect that the address should pray for the placing of the Reserves at the uncon- ditional disposal of the Provincial Legislature ; which was lost by a majority of 23 against 42. The 29th resolution was carried by a vote of 36 against 34. Ykar — Messieurs Attorney General Baldwin, Bell, Burritt, Cartier, Davignon, DeWitt, Solicitor Gene- ral Drunimond, Dumas, Flint, Fortier, Hall, Inspector General Hincks, Holmes, Johnson, Lacoste, Leniieux, L/on, Solicitor General Macdonald, McConncU, Mac- Farland, .Mcrritt, Mongenais, Morrison, Xotnmn, I'api- neau. Price, Richards, Roiis, Sanborn, Savageau, vScott of Two Mountains, Smith of Durham, Smith ofWent- worth, Tache, and Thompson, — '^6. Xays — Messieurs Armstrong, Uadgley, Boulton of Toronto, Cameron of Cornwall, Cameron of Kent, C«vuchon, Cayley, Chabot, Gugy, GuiUet, Hoiikins, Jobin, Attorney General LaFontaine, LaTerriere, Laurin, Macdonald of Kingston, Sir Allan N. McNal), McLean, Methot, Polctte, Prince, Robinson, Scott of Bytown, Seymour, Sherwood of Brockville, Sherwood of Toronto, Smith of Frontenac, Stevenson, Viger, and Wilson,— ."^4. The 30th resolution was carried by a vote of 40 against 28. Ykas — Messieurs Armstrong, Attorney General Baldwin, Bell, Boutillier, Burritt, Cartier, Cauchon, ('hauvcau, Davignon, DeWitt, Solicitor General Drummond, Dumas, Flint, Fortier, Hall, Inspector (reneral llincks. Holmes, Jobin, Lacoste, Attorney General LaFontaine, Lemicux, Lyons, Solicitor Gene- ral Macdonald, McConnell, McFarland, Methot, Mon- genais, Morrison, Notman, Papineau, Price, Richards, Ross, Sanborn, Sauvageau, Scott of Two Mountains, Smith of Durham, Smith of W^enU^ortl. Tiuhe, and Thompson, — 40. Nays — Messieurs 1" .dgley, Boulton of Toronto, Cameron of Cornwall, Cameron of Kent, Cayley, (Jhabot, Christie, Crysler, Duchesnay, Gugy, Guillet, Hopkins, Johnson, LaTerriere, Laurin, Macdonald of King!ueli Imperial btatule rtiiouid have been re- pealeii There were on the records of our I'ro- vineial Parliament at least two in.stanees in whieh bills h;'il been pa.ised thai were repugnant to tiie Act of iJnion, wiiieh m not ./idy an Imperial stat- ute, but iff also the coiistiuitiou of United Canada, lu each of these cases, the Imperial Governirn^nt caused to be introduced into the British Parlia- ment a bill for enubliuy Her Majesty to assent to the Canadian bill, by repealing so much of the Imperial statute as was repugnant to the bill. Bui right or wrong, the proposal to pass a bill for the disposal of the ;serves was rejected by the Can- adian Asseinb.^ , and it is obvious that, on the Bupposition that the proposal to introduce a bill suggested the proper mode of procedure, the si;t- tlement of the ciuestiou that way, ha«bi;en greatly embarrassed by the adoption of auothei course. It. under any circumstances, it would be riyiit to proceed by bill, the time to have done eo would have been befcire the Legislature had committed itself to another and opposite nuHle of procedure. By the adoption of Mr, Price's resolutions, the Assembly voluntet^red the admissiun that the (juestion is beyond our control ; and we are now actually awaiting the fnllilinent of a promise ou the part of Her Majesty's Government that a bill ."(iiall be introduced into the Imperial Legislature, at its next Session, for ai-cediuir to the prayer of tile add;(!ss fonniied on those resolutions. , The intervention of some such casualty as achaiige of Cabinet in Knglaiul, which shoidd prevent the fnltilrnent of Karl (iroy's promisf!, would place us in a ddlerent jHK*ition, and, in our opinion, justify the anticipati(jn by our Lei^islature of the delayed action of the Imperial Parliament, In the despatch of Lord Elgin, (July 19, 1850,) accompanying the Addioss of the Provincial Legislature to Earl Grey, His Excellency made some observations which have since lnvn the subject of severe animadversions by a portion of the Canadian Press, The following is the part of the despatch which has been regarded as bliowing Ijord Elgin's leanings on the subject : "I deeply rcjp-et the reviv.il of agitation on this subject, of which Lord tSyileuliam ti-uly observeil, thiit it luid bi'en in Upiu-r Canada the out' ull-alworl)- iiig and (iiij^rossiug topic of iiiWre.st, and for yeurs the principal cause of Uie discontent and (listurbiince which had arisen, and under which the Province had labom-ed. The intervention of the Imperial I'arlia- ment in 1840 was doubtlefa prompted by a desire to settle on terms which should be ccpntabie and goner- ally .satisfactory, a question which had for so ninny years disturlx-d tlie jieace of the colony. While the principle, hr ~'cver of an establishment was aliandon- ed by the IiUjierial Act 3 & 4 Vic. chaj). 78, which udiuiltfd all deuoniinutions to share in the proceedg of tho ('Icrjfy Ro-iorve.H, advantages Were given by it to the cstabli.^hcd churches of England and Scotland in tho distribution of the funds, which renders thotn still object.^ of envy. This feeling has been increasiefl as regards the (Mmrch of Scotland, by the large »e- ci'ssion from it» ranks which the Free Cliuroh niove- rnont lais oci'a.^ioned- 1 nuich foair that the result will justify the dininclinalion which Lord John Uiis^iell appears, from tlie first, to have enteitained to any legislation by the Imperial Parliament on tlii.-" riuostioii. It 1.4 an evil of no small mngniludo, on a subjoct of this nature, that While tlie more violent and uuHcrnpulous opponents of the existing settle- ment are enaliled to create r ])rojudioe apain.st it by ri;,)resentiiig it to l»e the resuU of Imperial interfer- e.ice in a matter of Provincial coucorn, itstrieuds arc lempted rather to endeavour to intiiience opinion in Knghi'id than to resort to measures which may stveiigthen their ])usition in the colony." The passage* in this despatch to which the greatest objections have been taken are that in which regret is expres.sed at the revival of agita- tion on the (piestion, and that alluding to thn " violent and unscrupulous opponents of the pre.stration, are op- posed to the removal of a single oliicer, unless for misconduct, without atforiiing him sonle com- pensation. A few years ago, the fact was stated by Lord John Russell that, during the reign of two Sovereigns, not a single ollicial in any ol' the colonies, had been removetl, uidess for misconduct in the discharge of his public duties ; and the rule f»rescribed by the colonial aiiministiation in Eiig- and for the guide of the colonial Governmeiit. has uniformly been that no man shall be removed from office, except for misconduct, withoiit re- ceiving compensation for the loo* of oliicia! emol- ument. Thiit this rule will he iii!i)lii'd by the Imperial lit?gislature,*io all eccle.^i.istics now in recen)t of salaries from the Clergy Kestrvi.-s re- venue, Earl (irey has alreaily given ii.-, lo uiuler- stand ; and it may easily be fore seen, troni tlie existing diversity of opinion on the (juesli(jii. ihm this liberality to the lecipients will ik.I givf en- lire satisfaction in the Proviiuie. Wiiaiever di- tlicuity may result Irom the proiKj^ilion, we must not forget tlial it originated wilh our Legislature in sanctioning the coiulitions voluntered i'l thy Price resolutions. But the existence, through another Session, of the present Imperial Cabinet, on wliOf action of the Imperial Parliament, and when the (jiiction was unembarrassed by the admission, volunteered in the Pi ice address, that it had been placed beyond Provincial control. Only live voted for Mr. Boulton's proposition: while fifty-two recorded their votes against it. 'I'lie minority consisted of Mr. Fergusson, Mr. Hopkins, Mr. Mackenzie, and Mr. fs'otman, besides the mover. In the previous Session thirteen had voted for Mr. Cameron's proposal for a bill ; and the reduc- tion ot the number of those who advocated that course of proceeding to Hve is to be accounted for by the ahered position of the question. 60 THK msTOHV AND PttKSJJNT POSITIOK OHAPTEB XIT. I jf'' IVoin the Crown tliu riirlit ot proneiitiiig iiicuin- beiitu to IJuetorii's. The uujoct of Iho pro- 5i The Rrctorioi, IVluiiiii poid tu Churchoi Trum 1814 tu 18JU— Koveniie uf ihu l.indii— Cuncluiiun. Fifteou yaiirH liiul passoil Miiici'tho ereiition ami eiulowini'iit ot tlio UuctorieH, yet no ilecifivo lci;i,H- lutivo action hail been lakiMi witli respet't to tht*rri previous to tho luKt Session of I'l.rliann'nt. Mr. Morrison wa.s tlio firHt to biin^ thetpiOHtion nndor tliu consitluration of tho AsstMiibly, by tlio intio- (biotionofa bill whicli propottinl to ro|)ual t)o miicii of tiio Constitutional Act of 171)1 as rolutinl to ttio creation and endownient of Ui'i-lories, and to take t pronentii object ot poseil repeal ol the clauses ot the Constitutional Act was to place a le^al prohibition on the cr<;a- tion of any more Kectoiies; the moral restraints im[)Oned by public opinion boiiii^ the only barrier in the way of creutinif aildition.il Kettories, and though it mi^ht have sntiic»d for ever to prevent an increase of their number, there could be abso- lute salety only in the abrogntion of a power whicli was at any lime liable to be called into exercise. The proposal however was not altoj^ether new : the Hiiy a bill which proceeded on the presumption that its etlects would not be un- derstood by the defender? of tlie menaced endow- ments. The object could not even be avowed, much less could arguments bo nilvanced in its favour. The failure of this piece o*" penrility was apparent when the High Church advocates, in the House, denounced the object of tha measure. Nor would this bill, if successful, have annihila- ted the Rectories; it would only have suspended their vitality ; leaving their rssuscitation possiblu the first moment the Tories might l)e able to se- cure a I'arliamentary majority. During thw dis- cussion on the second reading of this liill, Mr. Wilson presented a draft of a bill, which was tinully adopted. It repeals the clauses of the Constitutional .\ct which authorize the creation and endowment of Rectories; and Iransfeis the right of piescnting incumbents to the Rectories from the Crown to the Church Society or to such person as that Society may appoint lor that pur-, peso Hoth bills were referred to a select com- mittee, consisting of Messrs. Baldwin, J. H. Ca- meron, Morrison, Wilson and Notman. Before the Committee reported. Ml. Hincks moved to rt.'fer the question of the legality of the Rectories to the courts for atljudication. The motion havin^ ri'fened to the two legal oj)inions, on this ques- tion, pionounceil by the law otiicers of the crown, in England, thus concluded : Tlmt this [lust] oiiinion has not had the effect of (jiii- cliiig the pulilic mind in Upper Caividu, mid tlmt in order to set the (jiiestion tinally at rest, thia Ihmse liunilily imivs that Ills Kxcellcney will take imme- diate steps to bring thf (|uestion of Law fully to ndjudiciition, in sudi u manner as will eniiiilo either party to bring the cause by apiienl under the view of the JudicJHl (Committee of the I'rivy Cmnicii, and tills House pledges itself to make good all necessary expenses atleiulani on such proceediiigd. Tlie House udojtted this resolutiou by a vote of fifty-eight ugainsl three ; Ykas — Messieurs Armstrong, 13iulgloy, lUvldwIn, IjcII, lioulton of Norfolk, Houllon of Toronto, Came- ron of Cornwall, Ciirtier, Cauchon, Cayley, Cliabot, (Mmuvi'au, Christie, Crysler, Dumas. Diiclieanay, Flint, I'ortier, Fuurnier, Fourquin, (lUgy, Giiillet, Hall, Hincks, llolinus, Jobiii, Johnson, Attorney (fC- iieral LuFoiitiiine, I.aTcrrlere, Lnurin, Lcniieux, Le- tollier, Sdl. (Jen. Miiodonnld, .Macdoniild of Kingston, Mallorh, Met-'oniiell, MeFarland, .McLean, Merritt, Meilujt, Meyers, Mongeiiais, Morrison, Nelson, I'api- neau, I'oletie, Price, Kobiiison, Koss, Sauvageau, Scott of Uytown, Seolt of Two Mountains, Sherwood of Hruckville, .Sherwood of Toronto, Stevansoii, Taclie, Viger, and Watts, — ">8. Nays — .Messieurs Hopkins, Mrtckeiizie, and Xotinan, — .3. After the House had committed itself to the policy proposed by Mr. Hincks' resolution, Mr. Notman moved for leave to introduce a bill, of 'vhich he had previously given notice, for annull- ing the Rectory patents; causing the lands con- veyetl as endowments of the Rectories to revert to the crown, reserving five acres to each rectory on which a Church ot parsonage had been built ; and securing to the present incumbents the enjoy- ment of the Rectories during their natural lives. .The motion for leave to introduce the bill was rejected by a vote of forty-three against eight : Ykas— Messieurs Hell, II. J. Boulton, Fergusson, Hall, Hopkins, Mackenzie, Notman, and Smith of Durham, — S. Nayb — Messieurs Baldwin, W. H. Boul- ton, Carticr, Cauchon, Chabot, ChauM-au, Christie, Drtviguon, Ducliesnay, Dumas, Flint, Forticr, Four- nier, Fourquin, (Jiiillct, Jobin, Johnson, LaTerriere, Letellicr, Sol. Ucn. Macdonald, Macdonald of King- ston, or THE CLKROY RESCRVCS. 57 iiihila- )eti(lud tu Be- lie tlis- II, Mr. ;h wan of tliu rtiatioii C'J8 the ■olories to NUfh at pur-, ;t com- II. (a- lU'foro )Vt«(l to ctorios iavitu( (JllOS- crowii. iton, Mivllocli, Mc('onnell, McLoan, Metliot, Mungc- nivis, Morrison, NuIhou, I'oU'tto, I'rii'e, ICirli.irds, lio- biiison, Uosfl, Siinlwrii, Scott of Itytown, Scolt of two MoiintninH, Hlicrwood oCToroiiio, Siicrwuod of liidc.k- viilf, Hmitli of Woiitwovlli, Slcvfiuoii, Taclio, Vitjcr, Watts, Wilson, — tii. CwiiijT to the time at wliirli it wa.'* projm^'d — the House liaviiij; alri-Hcly (Munmilti'it itself to anciher line of polioj'— the lute of Mr. Notiiian's bill was not uiioxpecteil. Those who, but two (lays ago, had voted to lofer the question of the legality of tiio re-turies to the Courts for adjudi- cation, could not now stultify themselves by votin;^ for tlieir abulitioii, irn^^peelive of the lo- yaiity of theii ori;,MM. Mr. Notman had allowed throe sessions to pass, and the fourth to draw near Its close, before ho mo»ed to annul the rectory patents ; ami then the house had ccnn- milled Itself auainst tlie piineijile of ids bill. Thu general ulections were rapidly approaching;, anil it was pretty well understood what was the leelinfjout of doors. To make a show ol altemi)t- iny to appease that feelinsr, was a cheap way of ])uichasm^ the reipiisile niodicmn of popularity. That such palpable tricks should be ajiplaiided, when all the ciicumstances of the case are known, is passin;^ stranife. Far more title has Mr. Morrison to sincerity in his movements ngaiii.-l the rectories ; for he did not wait to off't r a proposition, till such lime as it was impossible that tiie house could adopt it. His error lay in the disingenuonsness of his proposal ; the olT- sprintj of a too fond adherence to that clumsy legerilemain which, with some, passes for policy. The select committee reported Mr. Wilson's bill, which passed in its oii;;inal shape. On tliif supposition that the Courts, and not the leifislature, constitute the proper tribunal before which to decide the disputed (jue>tioii respectiny; tlie legal oriiiin of the Rectories, it is obvious that the measures adopted are imperfect, and re- (piire to bo supp'e'ricnled by a provision that will take from the rectors, who in any case are to enjoy their incumbencies for life, any spiritual jurisdiction they may j)ossess over persons not of theiV own comtniniion. Though the (Courts should decide to-morrow that the patents are null anil void, this nt;cessity would still exist ; for it is not to be tok'raled that the existiiij; rectors, duiing their lives, shall te allowed to exeririse " the same ecclesiastical authority within their " respective limits as aie vested in the rector of *• n parish in England ;" which the Crowti officers in Kiigland havtj declared the rectors can now lawfully exercise. The unanimity which pre- vailed in the Hou^e as to the propriety of referrnig the question to the Courts, does not exist out of doors. Indeed, it ' unquestionable that the cur- rem of feeling runs in the opposite direction. As to the presumed finality of any judicial decision that should declare legal the rectory patents, it must be obvious to every one of common discern- ment that there is a feeling abroad that woulil prevent any thing like a general acquiescencein it: if any doubt had existed on this point, it would have been dispelled by the action of the reform party in tl.elr[. "parations for the electoral conlet.1, now bei'ii' ileci.lod. Should the event we are con'.emplaling occur, it is ia«y > foresee that the popular feelinu: will coiuloinn the past leftience of the (piestioii to the Courts, as deter- mined upon last session. It is a disputed ques- tiim whether the cinistitntioinil .Vet gives to the Provincial LegisluUue |Mi\verlo annul the rectory pjtentH. Hy some, the forty-first clause of that Act is regarded as giving this power. We quote the words of the Act: " That the several provisions lioreinbeforo con- tained respecting the allotment and appropriation of lands for the snppoit of a protestant clergy within the said prijviiices, and also respecting the constituting, erectiiii;, and endowing paisonagei or rectories within llie said Provinces; and also rt>t.peciing the pfMsentation of incumbents or iuiiii.>.ter8 to the sune ; and also respecting the manner in which such incumbents or ministeij shall hold ami enjoy tin; same, shall be subject to be varied or repealed by any ex|)ress provisions for ihal purpose ccjiitained in any Act or Acts which may be p.^s.^^ed by the Legislative Council anil .Xssembly of the said Provinces respectively, and assented to by His Majesty, liis heirs or successors." It is by no nii ar.s clear that authority is here- by given to the Provincial Legislature to annul any Keclory patents legally issued. The author- ity given is conlined to varying or repealing these provisions of the Constitutional Act itself — to abro- gating a portion of the (4)nstitutional Charter; and iloes not appear to i.-xtend to afleet any thin^ done under authority of that charter. This view of the case is borni) out by the opinion of the Knglish Judges; who state that the ellect of this section of the Constitutional Act " is prospective '' only, and cannot be extended to affect lands "■which liuvi- been already allotted and appropri- "ttted."' We think there is no doubt but the Coustitution.'il .\ct gives the Provincial Legisla- ture no power over Rectories established ; and if it should ever exercise any such power it will do SI) not liy virtue of tliat Act, but on the general principle that this Church propeity, having a Par- liamentary title, is at the absolute disposal of Parliament. This, in our opinion, is the giound and the only ground on which the Rectories could be annulled by the Canadian Legislature. Should the result of the contemplated appeal to the legal tribunals be to pronounce illegal the creation of the existing Rectories all contioversy respecting other modes of abolishing them will be at an end. We concur in the opinion that the present incum- bents can not in justice or fairness be deprived of their emoluments, without receiving an equi- valent. Whiither the cn^ation of the Rectories was eflected legally or illogally,ihe present incumbents were no parties to the transaction ; and must be hokl as having accepted the incumbencies under supposition that the Government in presenting them thereto was exercising a legal right. There is a danger of confounding the abstract principle with the legal right. If we were treating this as an 68 THE HISTORY AMD PREIENT POSITION ■I u itbstract (luestion.withnut referencn tothe exUtence ofapiiur Htiitiilu liiw, we Hlumid cl»ny the ri^ht oi any roligiouH (Ipiioiniiintion, as Huen, to claim or receive pucuiiiiiry lavoiirs at the hands of the State ; but wlion a U'giil ri:fht has been estublisli- t'd, in contravention oi tde abstract principlis that ri;;^ht mu>t bo rowprctcd, even while wo de- stroy the principle on svhich it is founded. From official sources wo have compiled a tabular statement (see table No. 1 and 2) of all monies paid to ililVereiit churches, fium 1814 to 1850,* out of various fiiiuls at the control of gov- ernment. We are unable to carry the statement further back than the year 1814. The payment of monies to churclios out of other sources before the Clergy Reserves became productive, was resorted to ns a temporary expedient for assisting!; to lay the foundation of a slate religion for avow- edly political purposes. Till 1840, the territorial revenue of Upper Canada was at the disposal of the Imperial Government Now no stipends are paid to the ministers of any church from any other source than the Clergy Reserves revenue. We subjoin a statement of the receipts from the Clergy Rirserves for the years 1849 and 1850. The receipts for 1849 were : Principal on Old Sales £5452 4 6 Interest on Old Sales 4048 10 11 G 4 7 7 Principal on New Sales 18781 1 Interest on iVew Sales 2056 13 Rents on leased lots 1336 8 Rents on lots not leased 1820 13 Inspections 543 19 Total £34039 10 4 In 1850 the receipts were much larger: Principal on Old Sales £8314 7 8 Interest on Old Sales 7070 11 Principal on Old Sales 28304 5 6 Interest on New Sales 3938 5 2 P»ont on leased lots 331112 1 Rent on lots not leased 2024 12 9 Timber Diu's 56 14 8 Inspections 717 13 Total £53737 '3 9 The funded capital, and the revenue '-.riMi.g therefrom, are every year rapidly iniireasing. When all the lands are sold, the capital fLn'd • Of the amount received by the churches in 1849 there were arrearages — Church of England, U C, £11,427 2s; Churcli of Scotland, U. C, £381 53.; Wesleyan Methodists, U. C, £1,148 6s. 8d. By tabids No. 1 and 2 it will be seen that the whole amount paid to the various churches, from public aources, from 1814 to 1850 is $2,181,319, which in silver would weigh 8! 1-7 tonsi ! Of this amount the Church of England, in Upper Canada, received £200,716 103. Oi, sterlinsr ; the same Church in Lower Canada received £108,766 2s. Ud. ; the Presbyterian Church of Scotland in Upper Canada, £58,213 3s. Id., in Lower Canada £10,139 6s. 3d; the Presbyterian &jrnod of Upper Canada £22,539 10s. lOd. ; the Roman Cfatholics, in Upper Canada £29,750 15.s. Id., in Lower Canada £9,385 ; the Wesleyan Mcthodiit Church ia Upper Canada £21,866 29. Od., sterling. would not be less than eight millions of dollars ; yieldina an aimiml revenue at six per cent, of $480,0(X). This fund would make three hundred and thirty tiiree waggon loads of silver, one ton to each waggon, and would sutiice to secure the blessings ol a free education to eveiy child in the country. The Epi.icopalians and the Church of Scotland have been allowed to take advantage of the in- detlnitenessofthe Imperial Actof IHIO; whereby they have come into possession of all the revenue derived from the capital accruing from sales from the latter part of 1840 to the commencement of 1845. The sale of the reserves had been pro- vided for by an Imperial statute passed in I8'28. That statute was not repealed by the Act of 1840 ; 80 that there are now two AcIh under which the reserves might be sold. By the Act of 1810, th« churches of England and Scotland are entitled to the interest on the proceeds ol all the lands sold under the Act of 1828. When there aic two Acts under which the lands may be sold, it must be a purely aibitraiy decision to say that they are sold under the one or the othei. For reasons of its own, the Government of the time thought proper to say that all the sales from the latter part of 1840 to the commencement of 1845 were made under authority of the statute of 1828 ; and by this means the churches of England and Scotland became entitled to all the interest on the sales during that time. It could not have been the intention of the Imperial Parliament that sales should continue to take place under the statute of 1828 after the statute of 1840 came into force ; and if it were legally permissible to continue the sales under the mrmer statute till 181.5, why not sell all the lands under the same authority ? It is clear that the intention of the Imperial Parlia- ment has been disregarded, for the purpose of giving an unjust advantage to the churches of England and Scotland. It, havmg gone over the entire histoiy of the question, we compare the results with the object sought to be attained in the making of the Re- serves, we are irre-sistabiy led to the conclusion that they have not answered the purpo.'so of tlij^jr creation. These Reserves were intended to supply the means of endowing a State Church, of wlucii the existence was desired for political purposes. It was vainly suppo.sod that, through the medium of such a Church, all political difcoiitents could be banished or allayed. Experience has taught a ditferent lesson. The existence of these Church lands, so lar from being the means of preventing or allaying public dissafection, have them- selves been the greatest of all souices of discon- tent. They have given rise to doubts and suspi- cions of the justice and the good faith of the Im- perial Government. They have created in the public mind a chronic dLscoiitent. The repeated failure of the attempts at secularization has im- parted a degree oi sullenness to the public mind. To the diflterences of religious creeds has ueen added the acrimony of political injustice. The collisions of favored religious denominations whom a factitious elevation has invested with the 59 rve? remain kI uti uvur (liNCUIltUllt. iutiinutely ')t tliti dtid- le yiivurii- n tilt) bruud blu bunetit '.im tu the 1815 8. il. t 17 8 • • • • ! 3 i 2 2 1 • • • 13 2 15 a 13 7 13 3 B. tl. 8 4 9 5 8 9 • 3 4 3 4 ) 10- ) 3 I 3 \_.. Ml! ', N .. I. AN ABSTRACT FROM PARLIAMENTARY RETURNS SHEWING THE I \y Anil llw faitd orU <>/' w!tkh t'fj icitj /•■tiil, fruia l!ii: ijmr 1 !ll-|;i .;k- I'lai.M V. HAT 11 Ml I'AIH IHlt ISIS lillu I 1(117 ■ I Rnit* iif n,TV\ lli'.irvr. I'lU'iii'ir I'V i:viM \M)» I ilnim in .iMi.r r,nl K»|i. n.i;iuii... I'l'l'I'U (■ A'- U'A, > 1 Fuii.l< .•!' ilu' Ciiiail.il'.iiiiia.i.v 1 Truw tl lli'Vr;iui'*. ... ' X. >. d. , C t. i. }M> U 31(1 f. ». 4:7 u mo u T.PfAl 35c U I i'M U 111' ! fnVl'.H I ANAIiA. AiiniLil (;r:ii;t i'I'Iri!" riiil I'.irl .itiiiiii IJO 13 u I'.i'J ID |;0M '• ciMiicii. I', c. J ; , ) \ ll::11lt in .il.l nf '':>il Kxivn.l.Mn" ... > ( Y<..Ai i)f il,c (■ wihAa l'"in|'iui> . T.ii.. il. I X. 4i : il. litld X. •. il. UiO l»31 Uii luu AW4 U 4.tJ0 18 U 4!i:i U Iti I 454U \* J031 14 l> 9UU IB U X. t. d. 100 (I lou •. d. lOii luo u u ROMWC ( Ill'lii'U. / ^ .Viiniinl liruni nf lni|icriair.irIiaiiii'M lOJo o (i lii.-,o l.iiw Fit r \NA|iA. li / lly ;iiinii,il v,iU' if l..-(;l.l,iture 150 u o l.'.o n lion n I 150 1100 I IJO n : unit (I I IM( TciTa i:00 11 IJOO 1330 i I3.M I 1390 (1 r'TMiI I«IIKr> ritrrril > S'^"'""' '" "'■' ■''' '''*'' Kipfi'limn 'iir'.-c'i)ri.A.v:i, I r , .Ki.n.ln.l ih<> C.nu.UC.ini.nny... ' ( < rown lli'\-enui^« i Ti)T»L 7n 3 6j LOWr.U CAN-UJA. ^ rnL.S'JVTKni AN HVNOU > <, Gm:-,! in aid pf l";vil Eti^nditnro . . . or CA.VAJjji, L'. C. j ( Funli of ilit f'aiiada Conraay I 100 I 79 3 t:| I i 100 TurxL . W. MBTH. CmmCH, r.C. ; Oriat m »id cf Civil Ezptmiiluic. . 100 100 too lino 3.'HI II IJii'i hM U 100 100 II 100 100 00 15 100 I > d. • 1'. • 151 ; 3U0 100 lOll 3.10 ! JOO 1833 1834 X. •. d. 100 100 U f. ,. 775 9198 1.1 3 ^140 in U i 9140 111 C IIOH 7 1 lino itOO (1 I 9uu ' liim II u 9 t> i.riO il. II I'. *. IM) II OO'I cl ii. II jt'. t. |iin II II HI) lino ino d. II 11 t. » .' 1 II N 1 II II .r. . •1 mi iinv.'i n l»l| M il. 1; 1:. «. 47011 1:1 'J4itl 3 .1. 3! Ill 10 t) 34(13 11 d. Vi N 1 i. ,. • II4'9 ft ' :7i3 rj d. J 1 .. .. '■132 11 2i;iO 1) d. H i. >. 1!. Kj:i3 i> 1). 2310 In u 1 1:. .. il. (;i3i 17 3 ■ 37tl 3 U I .. ll no JO 11 'jj 2I113 I I Il7i V 7li7 1 u ll.j« tt H »iu u 11 m.'.i ■: h limii ^..'4 B i"i i:7» 13 U "leu IM 3' V3i:! IH 31 li:n4 H 41 tie3l 18 4. 8334 7 Oi 87011 3 2 U323 111 ji SUU In a M-lo in W1)0 Id ('> M30 1 u 82^3 H 11 54J4 J - .'3'JII IH \\ 4l'.i:i J 11 U'Va IH u .... .... .... 1 1 •■■• ■JOO u 400 4M1 llio U n u 11 Jo u iiw'i'i .... 11. VI II li:io 11^0 II.Vl' II.V) II 3^7 l.'illO II n ln7l IN II 143 IfiOO 1U43 U II 100 1 Sno luoo u ino 1500 Ino l.'inn n II 1 Ino n j . , . . I»n0 n n 1 i4V:i lu 1 jOU u 400 1400 1 1 'u u u IliO U II 1 luo 1M3T ln71 H I'iOO liiOO IGOO 1170 10 1 II lino .'.no li;oa CI 1100 ,1 ,'lH'l 1) lliOO u lino n i'.iil idoo u lino MIO n r_'i 1. 4 lino II '■ml n 1 1 M 1) .'.ilO (1 II 1) K'.'.l n .".II i:i .1 lln'l u .... .... ;;:; .... .... 1 .... u ICOO u IGUU II IDIIII 10 In 13 1 lino ( ion u 100 loo' 4.S7'i3 lUO 9 3t:i "i InO 100 \Xi 4 6 100 n 77» if) .... 91 100 7«4 1 n ion fi'in ,'S 5 1037" i 3 100 ItOl lu .... 41 100 14 VI 100 729 100 .... 010 U l:i4 4 9) 337 13 Hi .... 100 lou u 100 3i7 13 » 1173 U «) 78.1 4 li .■(7a is n 8»4 1 3 10!; ' I0J7 1 •i I&OI 19 41 13311 839 100 u 1104 4 9) 337 13 111 100 100 100 100 118 1] 4 100 100 75 ;oo .... .... .... .... 1 !••* I .... :: :: I .... 1741 a 4 731 1« 349 !0 " ess 19 712 10 11 700 1425 £99 1» 11 14.5 nSO 19 10 , 319 8 « 1540 1540 1741 S 4 731 l«i 349 19 11 1413 9 11 ' 2123 2124 19 U , 2239 19 10 r 2059 8 3 .... .... .... .... .... .... .... .... MO .... .... 4890 1815 liOO { 350 68 '•.. ~ abstract questioi/, v of a prior statute of any religioufi i' or receive pecun State ; but when ed, in contravei that right must 1 stroy tile princif From officia' tabular stateme monies paid to 1850,' out of V erntnent. We further back i of monies to c the Clergy F resorted to as to lay the fou edly political revenue of U die Imperial l>a;d to the other source We subjo the Clergy I Tl 3 receipl^ Principal m Interest on ( Principal on Interest on 1 Hents on leji Rents on loi Inspections Tots In 1850 Principal • Interest or Principe! Inter<><*t o; licnt on i' Rent ou 1 Timber I Insi«ctic The tlierefr When Of • there ' £11,43 We^: Byt amoui aoaro( silver Char ;e200, Omi8 Ohui in Lov/OE . ^nod of Upper Uan»u» . Oatliolics, in Upper Canada"£2», luv Canada £9,385 ; the Wcsleyan Method! it Onuio,. Upper Canada £21,855 23. Od., sterling. jfiations riih the OF THR CLEROY RESERVES. 59 nrrogaiico of authority, with those who smart un- der u sense of unmerited degradation, have crea- ted wounds that, when the cauye ol the dilticuUy Bhall have been removed,time alone will be able to heal. There exisits a chronic distemper of the pub- lic mind, which will never be cured so long as one religious (t-ct enjoys previleges denied to others, «)r which others could not conscientiously accept ; so long as a single Rector possesses tho semblance o{ ecclesiastical autliority over persons not of his own communion, and the Clergy Reserves remain as a means of sectarian bribery and an ever active source of popular irrilatioii and discontent. This church (|uestioi) conuects itself intimately with the FUTUKK ; an<' on its settleiuent the des- tiny of Canada niuinly ilf|)iai(ls. 'J'he govern- ment that shail elfect that seltiernenl on the broail basis of justice, will confer an incalculable benefit on the Province, and establish a claim to the .asting gratitude of posterity. TABLE NO. II. STATEMENT Of Monies paid to the undermentioned Churches out of the Clergy Hvscr%'cs Fund. Church of England, Canada Wost.. Do. do. Ciiuiida Kast. . Church of Scotland, Canada W'pst. . I'rt'sliytoriau Minister at I'ertii, C. W. United Synod Presbyter^', C. W.... Pionian Catholic Church, C. W Wesleyan Methodist, Canada West. . Synod Presbyterian (!hurch, C. W.. Cliurch of Scotland, Canada East.. . Total Currency.. .£ 1841 1842 1843 184-. 1845 £. s. 8941 1 d. £. 8189 5 £. 7912 s. d. 9 n £. s 7724 14 1711 2 2 111 2 2 777 15 2 1000 13 2 777 15 555 11 14541 2 159!) 14 5 111 2 2 707 1 4 1000 13 2 719 8 10 555 11 13548 10 1345 10 8 111 2 2 777 15 2 ICOO 13 2 0(;2 2 2 555 II 1003 111 050 U d. 3 1 '2 10 13031 10 3 000 13 2 0(;2 •» •) 452 £. s. d. 8728 17 8 0008*'?. 2 111 2 2 030 7 1000 13 2 007 15 330 13 7 12330 14 8 1 18089 12 3 1840 1847 1848 1S49 1850 Church of England Canada 'West. . . Do. do. Canada Kast. . Church of Scotland, Canada West. . Presbyteriaa Minister at Perth, 0. W. United Synod Presbytery, C. W Synod Presbvterian Church, C. W.. Roman Catholic Church, C. W Wesleyan Methodist, Canada West. . Church of Scotland, Canada East. . . £. s. 12000 11 7197 10 1208 HI 2 030 7 lOGO 13 007 15 317 9 d. 10 8 2 2 •> £. s. 17040 14 2079 13 9270 1 m 2 505 13 50 1000 13 007 15 522 4 d. 7 2 2 £. .«. 9705 10 2010 10 8050 18 111 2 505 13 1000 '■' 007 15 1008 5 d. C « 2 4 1. s. 2371-2 4 2018 17 0033 18 505*13 10,i!0 13 1 739 8 1009 8 ll. 8 9 7 4 10 11 £. 8. d. 14729 10 4 2498 18 5 7501 8 9 .... 505 13 4 1000 13 4 574 lO' 1249 9 3 Total Currency... £ 23872 1 32819 17 11 23792 9 3 137340 5 1 28840 3 I Vt liHk^ I rf t 11/ I [APPENDIX.] CELEBRATED SPEECH OF DR. J. ROLPH, {TIIEN MEMUKR FOR NORFOLK), DKLlVEllEI) IN THE TirrEll CANADA HOUSE OF ASSEMBLY, DURING THE FIRST SESSION OF TIIF. TUIllTEENTIl PARLIAMENT IN THE YEAR EIGHTEEN HUNDRED AND THIRTY-SJX, ON THE BILL FOR APPUOPUIATINti THE PROCEEDS OF THE CLERGY RESERVES TO THE PURPOSES OF SECULAR EDUCATION. »/V".*i.'V-»-V-.*----v-v-.-V^-*rf w"^^ The lollowing speech is without a parallel in the animla of Canadian parliamentary debate. The clear, pointed, classical diction of the speaker ; the learning, and historical research lie displayed ; the beauty and appositeness of his illustrations ; the breadth, and ilepth, and immovable basis of his arguments ; the clearness, the syllogistic accuracy and force of his logic, and the impressive titoquence of his delivery, produced an effect upon those who heard the speech, never to he forgotten, lis publication in the newspapers of the day aroused the people. It convinced them (for strange as it may seem now, there wete many who needed to be con- vinced^ of the unscriptural, immoral, and unjust char- acter of a State Religion; while it confirmed them in their determination to rest not until they had extermi- nated the curse from Canadian soil. The " good time" has not yet arrived but there are sure signs that if " is coming,'' and coming hastily. This noble effort of an able, learned, bold and patri- otic defender of the cause of the pe )ple, against their corrupt, unscrupulous and then powerful enemies, onght to be printed in letters of gold, and preserved for the insti action, and warning of all future genera- tions of Canadian freemer.. Dr. Joiiw Roi.Pii. — ^Ir. Chairman,— f consider the question ander debate, one of great interest and importance, and which I do not approach without diffidence and concent. I feel obliged to my hon. friend from Grenville (Mr. Norton) for the calm, temperate and reasoning manner in which he hao introduced the subject to the con- sidaration ot the committee — an example which I trust, will continue to meet thrnu^'hout the dis- cussion with the pr.iclical approbation of all en- gaging in the debate. It Is on this account I feel regret at a few remarks which fell from an hon. member opposite (Mr. Marks,) for when the hon. and learned member for Toronto, in his eloquent and perspicuous adilress, alluded to the great neighboring republic, the illustration was re- ceived from his learned lips as music to the ear and instruction to the understanding: but no sooner did my hon. friend from (Jrenville, in un- civoidable reply, make a similar reference, than he was met by the hon. member opposite with observations, as misplaced as they were unde- served. I consider there are three distinct views or pro- positions on this subject before the committee ; 1st, to confine the Clergy Reserves to the Eng- lish Church to the exclusion of all other?. 2nd, to diviile them among a select number of church- es. 3rd, to apply them to General Education. I shall separately consider these propositions; and I am happy the claims of the English Church, first under your notice are vindicated by so able and elo(iuent an advocate as the learned Solicitor General. Contemplate the learned gentleman (lo whom 1 cheerfully give every meed of praise) in his elevated place as its champion ; see him surrounded with all the Clergy Resc.ves and their rents and profits ; confess the worth of the Bish- ops, Archdeacons, Priests and Deacons in their extended diocese ; multiply, if you please the 57 Rectories, with their endowments and exclusive ecclesiastical and spiritual rights and privileges; view about the learned gentleman, in concentra- ted pci specti ve,all the wealth and glory of our pro- vincial hierarchy, lately gilded, too, with £70,000, a fractional product of a fraction of their vast es- tates, besides the most wealthy congregations II DR. ROtPH's 8PEICII. I V f yielilin^ revenues unknown. Amidst all thisec- clesiaslical splemlor and ayrgraiidizement, the learned gentleman is approaelied witlian luimblo request. He is prayed to recover his sight from the glare about him, and condescendingly cast a glance into the surrounding distance. There he is shown numerous other churches formed of christian groups about pious p.istors, with no wealth but the Bible, and no dii^tinctinn save the Cross. Behold these fellow laborers in the same vineyard! Will you be pleased, sir, out of your abundance, to share a poition of it among them ? Will you? What is the answer? — Not a jot! Our best feelings seem intuitively to enlist them- selves against this answer. It seems equally to shock natural reason and christian charily. From a happy constitution of our nature, some truths and errors, like the extremes of light and dark- ness to the eye, force a moral perception, which neither needs nor allows argumentative delibera- tion. To prove that two and two make four, would pu7,;:le, perhaps, a logician ; and I envy not the casuist or the divine, who, neither from the emotions of the heart, nor the principles of reason, can perceive or understand the palpable selfishness and injustice of admitting one church to monopolize wealth and power, to the exclusion of every oilier. Conscience, the monitor which sometimes whispers and sometimes roars, seems in this case, as in a thousaiul others, to anticipate mere fallible reason, by instantly revealing the sanctions of unerring truth. Put the case as sta- ted (or if over-stated bring down the contrast to the least possible existing disproportion) to a child or an adult, to an Indian or a Philosopher, and the first exclamation will be, — "it is unequal indeed ! Splendid hierarchy, share your aggran- dizement with your sister churches !" This is the voice of reason, the language of the heart and ihe philosophy of the Bible. Tlie very conclusion that the other dissenting- chuichcs ought not to enjoy the wealth, patron- age and union of the State, affords an obvious co- rollary against the exclusive claims of the church in question. Whatever reason may be assigned against the Kirk, the Presbyterians, the Bap- tists, the Methodists, or any other known denomination, may with equal force be ap- filied to the English Church in this country, t is not for me, sir, to combat imaginary grounds of exception against bodies of chris- tians who I cannot conceive to be otherwise than entitled to equal religious rights. State the reason of the exclusion and I will show the appli- cability of it to the excluders. You may, after analytical fashion, call these unknown causes of disability, x x y adlibitum ; and whenever their real value is ascertained, you will find that they may, without disturbing the balance of truth, be assigned to either side of the equation. Are the churches, in any respect, less deserving? Are they less industrious in their respective avoca- tions? Do they less display the domestic and social virtues ? Are they less loyal to the King or patriotic to their country ? Are they, in any respect whatever, inferior subjects either in peace or war? I will not pause for an answer lest it should seem to imply on my part even a distant belief that any hon. member would indulge in the alfirmative. But, surely, when there is such a christian correspondence between their politi- cal relations and deserts, there ought to be ex- toiided to them the same favor and protection. They draw their creed, too, from a common source ; they worship the same Supreme, and they anchor in the same faith. They hasten Ki the common tomb, and being expectants of the same resurrection — they mingle as fellow-candi- dates for the same immortality. It is wrong, then, to make artificial distinction?, when there is no real christian diffiMcnce. All indeed, may not think alike, and the systematic theologian may ilraw lines of demarcation. But they are branches of the same vine ; and although those branches may present autumnal varieties of color, shape, and size, yet they are nourished by a common root, and all springing from the parent trunk, are seen in friendly company growing with it towards the sky. Light loses not its physical law or beauty by spreading out its rich variety in the splendid rainbow. So the rays of truth pass- ing through different minds of different refracting powers, exhibit shades of difi'erence which run imperceptibly into one another, and again unite to yield sjnthetically the priinilivo truth. The claim by any one church to a continuation of the existing monopoly, affoids proof of that Church being already corrupted by it. " It is easier for a camel to go through the eye of a nee- dle tV.an for a rich man to enter the kingdom of Ilea ven." A church is a body of christians, and mu; t therefore exhibit the collective cliaracter^f the ieveral parts. Rich pastors and congregations need special circumspection, and will exjierieuce all the christian vis inerlia which belongs to the individual Dives. Hence it may be feared a Church of even primitive excellence, may be so lulled with worldly ease, so dilated with Re- serves, and so encumbered with aggraiiilizements, as to be obliged to leave the narrow way for that broader one which leads to ecclesiastical destruc- tion. Bui hero, let us take the benefit of their vision. They see cieaily and most justly the inexpedien- cy of allowing the other Churches to enjoy the favor, wealth and patrimony of the State. J look at their exclusive pretensions through the same medium, and .is clearly discover them to be alike dangerous and unchristian. "As they judge let them be judged ;" and as they would " mete out to others, let it be measured to them again." In surveying from their mountainous station the vil- lage Churches in the valley beneath, they inspect them, as it were with telescopic aid, and rightly judge if unwise to transplant them from that spir- itual kingdom which " is not of this world." But unfortunately when reverting to their own condi- tion they look through the further end of the tele- scope and are led info the strangest optical delu- sion. Let them fairly turn round the magnifier of truth upon their own pretensions and the charm DH. ROLPH's speech. Ill will be (lispelleil, the illusion will be Joiieaway, and tlie Cliurcli will lutiini to tier t'tlierciil cliuie, anil aspire rather to light the world llian to be iiyhled by it. Toleration is often thought a very ijracious thing; and both piiljtical and eeelesiasticiil moderation is boastingly cnnciHled to dissenters under the li- cense " to tiiiiik as they please." No tiiaiiks are duo for it. Wo can think in spite of bidls and acts of Parliament to the contrary. Mind is an I empire of its own ; and it is a glorious thing we I are so constituted by nature llial we must think 1 and do think beyond the reach of tyrants. Were it possible, perhaps an over careful majority of this very Assembly would legishite away our tliinkim; on the very subject under debalo. There is. therefore, no merit in caving, from necessity, our fellow christians in u'ldispnted possession oi those intellectual operation.- wliieli are given by (Jod before whose tribunal alone, their purity can be tried. Hut this boasted moderation is exercis- ed in a way as objectionable in principle and mischievous in practii^e as the lire :ind faggot. — Learneil gentlemen would be shocked at the pro- position to burn at the stake or pierce with the bayonet in f)rder to make christians conform to the Ivstablisheil Cliuich. This tenderness, how- ever, for the body, ill accords with the ilaily bar- barity towards the mind. Theic is no virtue in merely substituting moral for physical force. — The method may have more refinement, yet not bo less ignoble. 'I'ho Indian who scalps the head is really not mere savage than he who breaks the heart. An afTeclation of tenderness and liberality by making physical violence give place to a gerii.'s of brutal and painful influences upon the inimi, is an imitation of the conduct of Julian, the apostate, wholly unworthy the age and country in which we live. It is only a dilTer- ent set of base means to gain the same base enil. Let us compare the ancient with modern Julians. The learned anil impartial Dr. IMosheim in his ecclesiastical history, makes the following obser- vatio.is respecting the ancient Julian : — " It is true, this prince .seemed averse to the Use of violence in propngatni' W tlio Roman Ciiiircli, and if not, tlio estate; was to be applied to other purposes and uses. There h scarcely a father or json who does not feel an in- stinctive repngnanee to this arranjjemeiil. It un- necessarily places a younu; man in a fearful con- flict between the loss of his propeity and the loss of his faith. And from tiie frailty of human na- ture (which from its very frailly should lly temp- tation) it would not be strange siiouid a youth so situaleil keep the property and "ji^o away Morrow- ful." The principle is the s-aine in the case LK'fore ns on a national scale. The King as the father of his people is made say '-my loy.d and beloved subjects; I have a vast and rich domain which I have of my mere ^'race and favm- exclusively be- stowed upon my i'rotestanl Kpiscojial Church ; such other Cliuichos as shall come within its pale shall partake thereol, but such of my loyal and christian subjects as adhere ti> their schismatic faith, I leave to huinierand thirst under the sys- tem of volun'ary contribution." — If the voluntary system is sullicient lor the exchiiled churciies, it is suflieient for all ; if insulIicitMit, wiiy sluuihl they be denied the bounty which, it is said, they need ? I come, theiefore, to the conclusion thai if such Executive favors are to be given to any christian churche* in our community, they should be given to all ; but as such a lucrative alliance with the State is inexpeilient, auti-christian and unsafe, it should neither be countenanced in any, nor arbitrarily conlined to one. Let me inquire into those efh-cts on a ieli:,fion which has ever followed this community of interest between it and the Stale, ragauism has been through many ages and in many counliies supported by the Sfate. But during all liiose ages was any heath- en mythology over piuilied into christian exctd- lence ? It has not only tested the experience of every age, but of evciy form of government ; and yet while history has not transmitted a solitary instance of reciprocal good, it has fearfully re- corded the growing corruptions of botii. If uo- vernments corrected none of the eriojs of hea- thenism, iiiion what ground can we expect them to add to the value, the puiilyor tlh: ]i(jifi;ction of christian truth? I'liganism wedded to the State, anil sharing its learned ease, wealth ami splendor, began, probably with a .lupiier ; and under this b)aslt;d alliance, gods grew in number, till, fancy exhausted by impiety of furlher ima- ges, reaieil *• an altar to an unknown Cod :"' which moved the iutre])id I'aul emi)hiitical!y to exclaim "Ye men of Athens whom theiefoie ve ignorantly worship, him declare I unto you." Governments not only corrupteil Paganism it- self, but combined with it to shut out the light of truth. The people were taught to regaid an at- tack on reliiiion as an attack on the State con- n icted with it. 'I'hey were to stand or fall to- ff !ther. Hence when v^ocrates glimpsetl by the fi^ht of nature, the existence of only one God aid the immortality of the soul, he was charged w th impiety aguinst a State religion, with a sort of .reason against (ireece and (Jrecian gods. Did th? Government welcome this spark of Socratic tru'.h, and husband it into a (lame to lighten the Gentiles and dispel the uloom ol heathen super- stition in the woi Id ? No — They poisoned him. Now if the religion had not been the religion of the Stale, and the people had been allowed, an matter ol light and piaciice, to think on those Kubjei^ts uiid search out the tiuth win rever it could be found, it never could liave been allegw.1 as a crime against Socralcs, or have lurnisln d Ids enemies wiih such means tor his ilcstiuclioii. — This iiiixluieof politics and leligioii made them respectively more formidalile aiul uiireh-uling j for each upon the usual law ol reciprocity en- ileavoicil to su>tain the olher in the exercise of power and the disposal ol ;iieir victims. When an aitiess child with the siinplii'ity (f one in lh.'56 made choice of ilie ornament cf a 'goddess in- stead of a toy, did a jiiotci'iing gosciiiiu'i;! pie- veiit its being bulcln'rel the earlier chrislians ; aiul to my mind an everia>tii!;r waru- iiiLT against it is wiitlen in the blixid (a didugo of it too) of those maiiyrs, whose peaceful la- bors would easily have >u!iverted idolatry, luul it not been suppoited against them by the Stale. Let it not. Sir, be forgotten, that from the be- ginning of the woriil to the coming of the Mes- siah, natural leligion was oi)en to inankind — It's great truths were expressed (if 1 may use the phrase) in the most intelligible hieriiglyphics in the euitli ami in the heavens. 'I'hey saw the rising and setting of the Sun in all that majesty which lias commaiuli'd the admiration of every age ; they beheld an inconceivable prolusion of worlds scatti'red through the vaiious constel- liitions or collected in the inilky-way. Desceiid- ing to a lo\\er spheri', they saw those winged vapours which sometimes sliroud the atmosphere with a tempest, and at other times exhibit a natural kaleidescope of what is splendid in oi>tii's and iiiagnicilicenl in sceneiy, while Ironi the same source they welcomed almost as otteii as their wants recurred, those genial showers which cooleil a sultiy air an<.l refreshed both the animal and ve*-etabie king- doms. Turning their eyes to thi::^s more im- mediately aUiiit them upon the surface of the earth, they saw masses of mailer, pieseuting upon a scale of less magi.iliceiice muidi that is strikin;; and wondeiful. They saw the living garniture of lields, and the progressive development of venetalion, inim the sowing ot" the seed to the maturity ol iIk; plant ; and the structure ami laws of life in the higher order of animals, were even iimre d-nnouc-trutive of creative wisdom and beuelicence. Even iuani- mate things aii' slanipt with peculiar laws, admirably suited to the wants and ha|)i)iiiess of man ; and the very chiystal, tenacious of its character, assumes its appointeil form though passed through th<' chiystalizing process a thous- and time's over. Was not this a divine revel- ation tor them to read and study? It lias been said" if there was a God or a message from him, DR. ROtPH's 8P£GCH. it wouKI be written in the sky :" and so it is, and evorliuH bei;ii. But liovv is it tliis booii of nature was so long open to tlie J'a^'an world witliout avail ? Why was tills volume t'or.>iaken for an ideal mythology { Why was natural reli'don, witli its abundant testimonies, superseded by artilieial idolatry 1 In an emiiuMit decree because J'a;ranism was upheld against ii by the power, wealth, and splendour ol the State witli which it was as- sociated. J'erhaps J'aganism was natural relinion, which in a loii^ course ol' tinu) received under human governinc'ut a debasing alloy, till it retained scaicely a vestige ot its ihiiit urigin. It was fearhd odds lor mankind, in Uie pursuit ol' truth, to find arrayed against them error, based upon tlie law, enriclied ami favor. I by the ex- ecutive, ami so wrapt up in imperial >plt!ndor and superstitious sanctity, 'tis to ai rest every attempt to correct or purity it, as treason against the State, sacrilege against the temples, and felony against the Gods. Hence paganism proved hostile to the early christians ; and under Ni-ro, about 30 years after the death of Christ, they were put to dealh, according to Tacitus, with exquisite cruelty ; and to their sullerings the liniperor added mockery and derision. Some were covennl with the skins of wild beasts .lUd left to be devoured by dogs ; others were nailed to the cross ; numbers were burnt alive, aiul many covered with iidlammable matter were lighted up when the day declined, toseiveas torches dining the night. Thus it appears that idolatry, intrencheil in the State, lias been uni- formly corrupted by it, and has ever fiercely opposed the progress of natural and revealed trutli. And I now ask, has not cinistianity from its confetleracy with the kingdoms of this world, sullereil similar contaminations of its purity anil retaidation of its progress? I collect I'rom the most accredited writers upon ecclesiastical his- tory, tliat the christian clmridi upon the very first embraces of the State under Constantiiu' was deteriorated. This is not a mere point of speculation or reasoning; it is a matter of fact to be delermiued by historical ti'stimouy ; and the weigtit of the authorities proilnced must not be undmvaliii'd, because in this transient d»<- cussion they are unavoiilably limited to a few. But those few shiill be clear and di'cidi.'d. The tollowing passage is read from Moshiem Vol. 1, page 1)5. " The additions made by the Emperors and others to the wealth, honors, and advantages of the clergy, were followed with a proportionable augmentation ot vices and luxury, particularly among those of that sacred order who lived in groat and opulent cities; and that many such additions were made to that older after the lime of Constaufine, is a nnitter that .ailmits of no dispute. The bisliops, on the one hand, con- tended with each other, in the most scandalous manner, concerning the extent of their respec- tive jurisdictions, while, on the other, they trampled upon the rights of the people, violated the privileges of the inferior ministers, and imit.iti.'d, in their conduct and in their manner of living, the arrogance, volnptuousness, anil luxury of magistrates and princes. This pernicious example was soon followed l)y the several ecclesiastical orders. The presbyteis, in many places, assun.i'd an eipiality with the bishops m point of rank and authority. We fhid also many complaints made at this tinn^, of tlie vanity and efl'iJimnancy of the deacons. Those more j>arliciilarly of tin; presbyters and deacons, who iilled the first stations of these onlers, carried tliwir pretensions to an extravagant length, and were ofli-nded at the notion of being placed upon an equal footing with their colleagues. For tliis reason, they not only assumed the titles Archpri'sbylers and/lrrZ/rfcacons, but also claim- ed a degree of authority and power much su- perior to that which was vested in the other members of their respective orders." In the same volume of that learned historian referring to the same century we find the follow- ing observations : " WHien we cast an eye towards the lives and morals of Christians at tins lime, we find as for- merly, a mixture of good and evil ; some eminent for their piety, others infamous for their crimes. The number, however, of iminoial and unworthy Christians began so to increase, that the ex- amples of real piety and virtue became extreme- ly rare. When the terrors of persecution were totally dispelled ; when the church secured from the efforts of its enemies enjoyed the sweets of prosperity am! peace ; when the most of the bishops exhibited to their flock the contagious ex- amples of arrogance, luxury, effemiuancy, ani- mosity, and strife, with other vices too numerous to mention ; when the inferior rulers and doctors of the church fell into a slothful and opprobrious negligence of the duties of their respective sta- tions, and employed, in vain wraiiglings, and idle disputes, that zeal and attention that were due to the culture of piety and to the instruction of the people ; and when (to complete the enormity ot this liorriil di.'tail) multitudes wore drawn from the profession of Christianity, not by the power of conviction and argument, but by the prospect of gain and the fear of punishment ; then it was, indeed, no wonder that the cliurch was contami- nat.'d with shoals of prolligate Christians, and that the virtuous few were, in a manner, oppres- sed and overwhelmed with the supeiior numbers- of the wicked and lir ..itious. It is true that the same rigorous penance, which had taken place before Constantine the Gruat, continued now in full force against flagrant transgressors, but when the reign of corruption becomes universal, the vigor of the law yiehls to its sway, and a weak execution defeats the purposes of the most salutary oiscipline. Such was now unhappily the case ; the age was sinking daily from one corruption to another; the great and the power- ful sinned with impunity, and the obscure and the indigent felt alone the severity of the law*." This accords with the opinion of that eminent divine Bishop Newton, who in his work upon the VI nil. ROLPh'a 8FKCCH. rroplioi'ies, 'iiid volume, paiju 26'2 alTords tliu fol- lowing (iiiotiilion : — "Tiioii;{li the c'ftalilisliinoiif of Clirisllahi'v l>y Coustantiiie. aiUlfd iruu-li to tlio tt^niporal pros- perity, yot it coiilriluittvl lilllf to tlio Npiiilual graces ami viitiie.M of ('liiiMtiaiis. It eiilai;jri'cl tlieir revomii's and iiRToa.scii tlicii (.'iidowiinMits ; luit il pioVL'd the falal iiunius of coriiiplini^ llie doctrines and relaxiiiii llic di.-cipline of the church. It was a'lfnih'd wiilitMs peculiar dis- advantage, that many clave to tlieni with liatler- iea ; many beeaiue Chi isiians for Ihesakent the loave.s and fishes, and pn tended to he of the re- ligion only because it was the religion of tin,' Empire. J'liisebins, who was a enti ruj.orary writer, remaik^ that one ol Ihe reiu'iiinir views of the times was the dissiuinlalion and liyimtrisy of men irauduleiilly entered inio the ehuieli, and borrowi'ig the name of ehri.«tian.s without the reality." The learned IVh)shiern relates witli expres- sio.'is of lei^iel, the ih'ijeneration ol t!ie piiniilivu church, as he teims it, "towards tiie lorm of a leliirious monarchy "'--The liishoj's n.-pired lo hi^jiher diri,nces of i)owi'r and aiuhoiily than they forioeily professed ; anil not oidy violali'd the ritihts of the jieople, but also made ;:radual en- croaidimenl.s upon the piivilet;es of the Ihesby- ters. Tliey a:rsnmed in many places a princely authority ; apiironriatcd tothcir evanirelical func- tion, the .-plendid ensiuns of temporal majesty; a throne surionnded witii ministers, exalted them above their lellows; and sumptuous garments dazzled the eyes and the minds of the mulliliule .nto an ignoiant veneration for their arrogated authority. 'i'Ue Presbyters ambitiously imitated the example ■ ' the bishops; anil there followed to reliu'iun a truin of melancholy and dishonour- able coiisetpieiices, over which JNloslieim regrets that "Truth could not allow him to spread a veil." What was true of (dnisliauily and oi chiistiai:s in those aues, was ii'ali/ed by the establislunl church in later times. I-'or ihisHuth we have also the authority of a Bishop. Bishop Hurnelt says, " 1 have lamented during my whole life, that I saw so little trui; zeal araoiii^ our olertry. I saw mu(di amon^ the eler;iy of the Church of Ivome, tlio;;q:h it is Uith ill directed and ill conducted. 1 saw rnnch zeal likewise throu^hoiu the forei'.',ii churches. The dissenters have a irreat deal of zeal amoui; them ; but the main body of. our clergy has always appeared deail and lifeless to me ; and iu.~lead of animatiiii^ one another, they lay one another to sleep. Unless a better spirit possessi^s the clergy, argumeuls, and what is more, laws and authority will not preserve the church.''' — Our Tiiae.t, Vol. 2, p. 440. Such has been tlie recorded and attested e/Tects of the world on the Clirislian church! It follows, Sir, that when a church has receiv- ed this moditication from the State, it must have an injuiious fiearing upon individuals and society at large. Take one or two examples. Banyan freely enjoyed his hall'inlldelily ami looseness of liviuir, until his siil'sennent lonversion and pro- fi Bsed piety, lie no sooner, howevi r, l)e( arm* ail open Chiistian according lo the su:.'veslion o! his laitli and thi^ dictates oi his conscii;nce, than his nouconforniily lo the State-noiirished church was brought up against him as a crime. He hail iiuleed, (ri-edoni and liberty ; but il waN a fiee- dom and libiuiy of choice between eccdesiasiical conformity or inimuiement in the ihmgeon. To punish a man lor not adminiiig a co'oiu' to be u'liili' which he peri'cives and cannot iielp per- ceiving to be hl(ul>\ is not more absurd or tyiauni- cal than to pni.ish bim for not prolessing to be- lieve that to be Irulh which he verily believes and cannot help believing to be enor. Yet in Hunyan's case, (lo iliiistrate iheusands of others) the (hurcli and Stale cornbiiu'd to impiison him for 1'2 yeais I During this protractcil I'onlinement, as the body laii:;nisheil, tlie spirit became more etheieal and divine — anil he compoMd tor the lasiiug beiielit of the woiKI his I'ilgiim's Pro- gress, a work so puic in its ilictioa and so clas- sical as an Allegorical produclion, as to com- mand, even to this d;iy, the inteiest ol the chris- tian reader, and tl;e piaise of the fastidious critic. Come ilown lo lalei years ami lead a warning from the case of the late Rev. Dr. Carey and hi.s coadjutors, who full of i\li,-sionary zeal — (the noldc'^t kindled in the huinau min I) proceeded to Hritish India to convert the heathen — On their ai rival the united Church and Slate met Iherr with an inleidictiun. Uanished by them as I'rilis.'i subjoLis a^-piiiiiL; loilo their duty as Uriti-^h chris- tians lo Hiilish heathens i:\ lliis l'ii:i>h e!ii[)ire, they look refuge with Apoi'ilic i.;trepidity and zeal in a neiglil)ouriiiLr D.iDi.-h colony; an I there they established a Press, and thence, as it were, umier foreign pidteclioa and lolerali'n, lliey suc- cesshilly an I gloriously bomb. r.del ihili-h India with Divine truth. Next look into iheetTect-iol tlii- -ystem on whole communities. There are those in lni,s a-sembly in whose veins ll.nvs Irish Idooil ; but alllicli d Ire- hiiul needs not national lei'lini; to insure sxmiiaihy under her wrongs, llow (jvciy .-iMiinii'iil, patii- oUe and religious, would rise in aiin< wi'.iiiii us, were it now enacted that every Pro estnnt in (.'a- nada should be taxed to snpporl the Uoiiian Cath- . olicChnieh! Vet in Iii.dand, alter years of un- availiii'^ remonstrance and coinplaini, the Romau Cathi lies, with religious scruples, as siroiijr and sinceiu as our own, are obliued, bi h's the sup- port of their own ministry, i.j pay lilhes lo the very establishi'd Pro!i;~laiit l",iii-;copal Cinnch from which they dissjiil. Jn-l a* if hea!he:i« should say to us, think as you jdease, but pay us the price (>{ the sacrifice ; t'.iink as you pliiaso, but bring lo our altars itie \u;i;r.^>vo oil m- up. To how* midancholy a degree mnM the r\\\\ eh bi^ corrupted by the .State to put torwaiil tlie.sc ex- clusive pretensions, and combi;.e w il!i lln; civil power for the exaction ufanunjajt and unchris- tian tax. " lliirk ! iipanl yon ikiI ilir.t |i.'rrinir cry. Wliiih sliouk the wuvcm. wliicK rnit llii' sky." ■;)S Dn. nof.pii's srEcrif. Til Mjsencsfl of mill pio- r, l)i'(;itiu' ;:Vt'sli(Mi (il i;iiot', tlian led I'liurch Hohatl vns a I'lot'- ■Ifsiastical ;rf<)ii. To ()\ii- to bo lu'lji por- or tyiaiiiii- siiii;- to be- \y Liulii.'ves r. Yet in of olhors) pi isoii liiiii iiliMcriieiit, ariu; more III tiir tlie linr* I'ro- iiil so clas- is lo cnm- tlii' cliria- imis Clitic. a waniiiii; (\v ami liis zeal— (the proc(-i'iloi! —Oil iiifir met tliorr Has I'liiJMi itisli I'liris- i>li I'liipiic, ■[liility ami : all I there as it wore, , lli( y s'lc- iLlisli liiiliii 111 >)ii \vlioIe -si'iiilily ill liIii-1. ll Iio- isyinpailij IH'lll, piitli- wi'.Iiia 11-", taut ia Ca- ):ilail Catli- , ;ais ol' 1111- lliu Roman si roll j; aiivi fs tliC snp- llu's lo !li(> al ("Jiiiieli I' luMllllVlJJ but pay us •on please, oil M' lip. <'!!ii ell l.)(» tlieso ex- 1 llu; civil ll uuciuis- Proti!slaiil iHL's, ami Slate cmn- Iicn'l tbc trajiedy of huch a sy.-lem in tlio tali; ol lliu sviiloweiiibalmt'd in hertear.«, — You know, Sir, llie massacre to wliicli I reler. It was in llie colleilioii of a Catholic 'lax loi that n minister ol the ('lunch mandeil the musket to be liicd, which laid the soil wellciiiiy at the rnol'ier's lect ! Must not BUcli u cluiicli have hoeii coniipied by the world, and lor;^oltiMi tin- e.\aiiiplc ol Him who lesloreil but never deslioycd lilt; ; who coirifoited the poor widow of Nain, and loncliin'j- llio passiiej bier, •aid, — Yoiin;,' iiiaiiaiise I and '• delivered liiin to his molliei." What is our condition ? Supposo ihoro weie here a [lagaii ascendancy palioni/.ed by I he st.ito — sujiposo them to say lo ciiiistiaiis, as imp-ions against their idol-ijods : "You are unwoitliy to occujiy sepiilidual i^round where safely to bury your dead with an obolns to pay old C-liaion lo iorry you acrossthe river Siyx ; and letclianceoi avarice with impunity ili:ilurb tlio ashes of join dissenting dead. Do you wish to marry f l^et your i.-siie be bastard troin ireneration lo geuera- lion unless you present yourself before the sta- tue u' Venus and there roceive the beneiliiition of hei priest to legalize your union." Mow similar are the above sciitiineiits to what were expressed towards (.'anadinn dissenters by the ascendant ctiurcli only a tew years ago. The dissenting churches In this coniitry were unable to hold land on which to build places of imblio worship or lo bury their dead, ll was one of the exclusive pri- vileges of tlie JMiglish Church ! and so poweiful was tin ir political inllnence and ascendancy, that when in pirliainenl 1"2 years ago, I labored with niortitying failure, as otheis have done betore me, not to 1)101 ure for liie exclmled churches a griuit of laml, but only a riuht lo pinchase and hold eiioimli lor those |)i;rposes reiiuireJ. by decent con- sideralien towards the feerngofsmvivi.ij^'jriends. Willi eipially liuniiliatiiiir w.iiit of success, it was for yeirs atteini)tt'c' l.y '.I;:- ''ne lion, and learned Speaker Hidwfli to secure to diss..-"fers tlie right of fieing mairied by their own ministers m; us not to compel them eilliei to live in leijal adultery or oU'er themselves under a violation of feelings, or of conscience, or of both, at the exclusive altar of the provincial hierarchy. l^iuiiess in these cases has, it is line, been at last obtained, lint lei it not L> articles — [the hoii. meiiiher lor Lennox and Addingtou (Mr. Cartwriglil) here interrupted staling that il was an error, as such subscription was only re- quired from the I'n lessors and members of the College Council] — Very well, sir, 1 will take the proposition as stated by the honorable member, and thank him for the correction. — A most learn- ed man presents himself for a Professorsliip, emi- neiitly cnalified to leach, and I'oitilied with every ft'stiimii lul of meiil and capacity ; his creilentialn aie recognized, and ihesaine brealli by which his rare Services are a most iJioinised NMdcome in llieso theatiesol science, aiinonncis acomliiion, — suii- RcaiiMioN TO riiK IW) Aiirici.i:-.— I'l'rhiip^ he say«, " 1 am no theologian ; I look lo the Ibhie, not the book of lilurgy, lor my creed ; liesidcs I am n yoniig man and a young chiistiaii, unwilling to snbseribe to ;'>!) aiticli,'s of lailh conijirelKMidiiig many icligious and melaphysical snhlililie.-; and my prcinaliire subsciiption wnr ini^la inieifere with the freedom of my cunsciiMilions dissent liom any of iheni in fiiti.re life — pray iheiefore accept my sei vices in llie scieiu'r i [iiofi'ss." The chinch pimnpllv replies, — "awav with the sidiisniatie!" If the hii>lily uifled Or. Chalmers, the literary and theological least of Scot land, yes, of ihitaiii, was to present hiinselt for Aisideniic hoimrs in I'pper Caiiaila. he would hi- treated and repelled at the great seat of Caiiadi:i'i leainiiig as a fierclic. .\iid could ymi w ive ,i nia:;ii; wand over the illustrious loinh of Itoheit Mall, and ten- der his unriv.dleil eliKpu'iice, piety and learning to serve, in our University, the inteiests of reli- gion, or teach the [)hilosophy of morals, ho would meet with the same disdaiiiiiil rejedioii. The exclusive church has aiquireil the same exclii- sivi! charter, and still ntaiiis it ni!lwitli>taiiding years of remon-lranci'. Tlie faejiish Universi- ties are in like iiianm r ih'' i>i(ipeily ol the Church of iMiglaiid : ami the exclusive righis they have held lor centuries, they still hold in faitlil'nl mono- poly. Hence wo h'arii the iLihiii/r of '.riiuiliii and tenaciously held to the pri,j,.dice ot' llie most I leariieil and pmns chiislians. The hisloiy of the I sacranii.'utal lest in lliejland inculcates the same; I instruction niraiii-t reliu:ioiis monopolies. Until lately no dissealei could lill aii\ public or corpo- rate ollice without fir^l takinu' t!ie sacr.iment at ' the altar of the established cliiiii-h. V aiions oifi- ! ces of honor and iimlit were held, up to the coin- to (|nalily llieinselvcs •V were to eat of the eoier, no matter what leciive pivparalioii. Such Ill-Id by the hierarchv, as ,Miiie, iiiil -ois of a e iiiciiil 'lt'r:;-v believing hiireh and hierarchy Reit;rves. pelilioii ot clinstians ; luit lor the W(.r!dly sitiiatiniis t body and l)lo;id of their Kei their inward faith oi d oil ices were virtually bribes, to induce men t i \n christians, but noiniiial pioie; stale. Ill like manni'i' our pr.>". claim e\clnsively lo enjoy ll/' ( _ They invite you within thy pale of tlieir church, by simple subscription wilii the pen ! Ln ! How easy it is to be rcLnstered a cliiisliaii on eartli : but it is the wrong way to secnii' their re^i-.try in heaven. Come uidiintlie leu:d pieciiieis of the church, and you sliaie her vast estates; hut if you ceiiseieiitioisly dissent, yon are doomed to stay without, adniiring the urapes of her favored vineyaid, ami calliiiLr them seiir. lill tinitalized by prolractv'd tasteless eoiileiiiplalion, some may chance lo relieve the scrupli's of non-conformity, and qualify to share their luxurioe,.;; fmit. Hume, VIII DR. MOLPirs fPRECII. not .HO jricat ii fiit'iid to rcli;^ioiiaN ho was to inon- nicliy, isivfti tlic iDllowiii^r accouiil of ihe udi'c^rt ol' politifiil iiitcircK'iico witli rcliy;ioii and of tliu uttttiniitrt to iMifurco coiifoiinity : — " Tlioso coiitrovoisiuH liail alroaJy oxeitoJ wuch fi'i'iiU'iil aiuoii;^ llu' pt-oplo, lliat in woiiio pliicuH thoy it'lujii'd to fic^cs or eiiilnwtnents tmrn till- (Jovtntimcnt. Tliuy have earni'Hily iind lo- pealodly prayed a'jain.sl it by pelitioiiH to tliti Kinyf, numerously si^'nod, In many years pii.sl ; and tliis ilire<:t expression ot ihrir aliiio.-l nnani- luous desire, lias lioen seconded by tiieir lei'ie- t-eiilalives in Itiis House, in .-nceessive I'arlia- nionls. Vet recently the united wishes of the neople iiavo been painlnlly ami alarniiiiL'ly vio- lated by foieibly e^tablislli||y ainoii:;;sl lUeni, in Scoleii fashion, the veiy I'ipiscopal aseendaney they have depiecated. Killy-seven recloiies have ill open delianuu of iiiiiv(.Msal sentiment, been erected within our borders, richly eiiiiowi I, and aniii'il with exclusive eceie^iastieal and >|niitual riu;lils and privile^ies; while witli similar d -li- ance, clergy reserves are s(jld under an I'liMJisli net ol I'ailiainenl passed wilhoul our knowledge ami consent, to the amount of X'7n,()tJU, and thai amount aL)slracled from onr iiripoverislieil land, and paid into the military chest. This is despot- ism as undeserved by Canada as it is unworthy the parent state. We have not llie physical stiengtii, if we had tlio moral couiai,'e of tlie beotch, to resist the evil ; ami therefore necessily 'biay doom us to bow to wron;j;s, wliieh, because of our weakness, it was ungenerous to inflict. How keenly aio wo at this hour feeling the scourge which has thus been visited upon us by the ascendancy of the ehurcli which in Englaml inaiiil.iiiis her ailuiterous union with the State. Perhaps Providence may have in leservc for us some uni(!en way of oseape from impending cor- cuplion of religion, and wound of the tlcarest pii- Tiieges of an outrageil dependency. The piop;)sition of tlu? learned member for To- ronto to divide thesis Ch'igy Reserves among a Didect imnibi'rof churches is ('(inally, il'nol iimre, objectionable than the devotion of them to oim. Cpon what principle is this curious selection to be made? Is it to be upon tlie pri.iciple of nu- viericdl stri'iif^th? Yoa ininht as well lueasnre a man's conscieni'c by his corporal dimensions ! Is it to be upon the principle of orthodoxy ? TIilmi the learned gentleman must be the Piometliens ol the House to draw (ire from Heaven to subject t'le various creeds to its more than human test ill the crucible of truth. Or will lie assume to bo our IiKjiiisitor-Geneial, and with the aid of a Select Cooiinittee summon the (Jhrislian com- munity to answer his searching investigation ? It would be a singular scene : only imauiiie it : — liKjuinilor. — Do you believe in the Trimly ? llil- tuas. — Tliat word is not in the IJible, pi ay what do yon mean by it? Inquixitnr. — I am not e\- Sounding my fahh ; I am enquiring after yonrs. yUncss.— My faith is between I and my fthiktr. Inquisitm: — Report this contumacious fellow to the Hon. House that he may be committed to the teriible custody of the Sergeant-at-Arms. So that we mi^ht at last arrive at that very physical force, thoiiL'ht too lto-s fur tin- modem relinernent of tliiise wiio iliiect llieir keeiiiT opetiitioim atraiiiHt the s| just no loiiL,'(;r to exclude the Ihiee last, it must be iinjnsl to contiiuie the ex- elusion ol others. Liiniiii'r.ile as many icasfais as yon please for the future ailmissiDii of any three chnichi's, and each ol tlioite reasons will aliord an appeal eiinally fuiciMe in behalf of the iieu'lect- I'd ones. 'I'lie lour chnn'hes above inenliDiied are <'iilled the principal or leadiiisr ones ; and ii seems, they ,ire on tli:il ai-connl, inlilled to con- siileralion. lint if they havi' arrived at their pre- Miit imporlaiice without your aid, it is eviilenco, the hesl evuleni'e too. oi their ability to main- tain it. 'I'lie gii'at dillicnhies have heeii already overcome. Under Piovideiice these Churciies have becoiiu; organized, elleelive and evangeli- cally inllueiilial. 'l"he\ iiavi! been iniill, certain- ly not upon acts of I'ailiameiit, or Cleiiry Reser- ves. 'J'he admi.-sion of them is not pretended to lie upon the ground ol their poverty or weak- ness, or from the fear they cannot prosper for the next, as they iiave done for the past, 10 years. Can a christian, then, put his hand on his heart and say, that the proposeii extension of liio ec- clesiastical wealth, is either nece.-sary or intend- ed for the beiielit of cMuiches which have hereto- fore been planted, watered, and m;itiued into temporal independi'iice and spiritual prosperity, with the alt sullieieiit aid of the divine blessing? When Christianity was so didnsed through ail conntries, as to be said " to (ill the world;" when chrislians were "innumerable even in distant pro- vinces ;" when, says Arnobins, " men of the greatest gLMiius, orators, grannnarians, rhetori- cians, lawyers and physicians," became converts, in the face of pa'jfan threats, executions and tor- tures ; when mankind was so universally eliris- tiani/ed, that llieio leinained of thi- world only a reiiinant for easy eompiest : wjien the ioree of tnilh under the spirit and provideiici' of Heaven hail gained this ascenpiriicy ua tlic pitit ol tlii' Stalti to ux* ert'i.Hu tliiiiii;^!! an ccrlrhiiiHlical iroiinLH-lioii. n i^iHulrr lii'nico of pdliliiMJ iiilliiciicu in tli'..> ••niri- iniiiiity ; il it wrii) iiiti'iulcil liy a now rulatinn with tlicit! r(.'liy;i()iiM oiili'is, tii jilact! tlifin alinvt! thifii'fiini^ii'nalHiiiM in tcMipdral nialtiMM, ami tlicnt- by riMiiliT llicni Ircdtr ay;i'nl.H as t'\('(uitivt) lunclion- aiii's; it it WITH (Ir-iiinl to wi'alii'n till' iMri()ro- I'ity lictwi'i'n paMtitt's arhl tlifii llnrks, ami nai^i- tieu tilt) iMiilrarintr ri'l:itiiiiis nsnally Miilisintin;; between thrin, tor tin; pnipnsi' iif ercalini; as tar a.-t ^)(t^,■*il^ll• an inili'iility nl Ifciini^ ami intort!."-! be- tween iiiinisli'iM (,r ieli^;iiin and niini>terf* nl .Hl.tte; it in (irilir id iinpait tn ^r.iveinnienl aliaiis the ilireet or inilireet Maiu'tii/ii nl' relii^ion, and to m-- cnru lor tliiisi; aliaiis the pulpit, dmnerttiu and itiiu-rant advoe.aey of einistian teaeiieis, it were M\ re.soived to enciiniaire a i inlhienlial pries'liuoil to > dopemlant on the Crown ; then indeed it wonhl l)U obviously wise and eon>i.stent lo seek ont the most potent and serviiteablu allies, who wonll brin;^ to play the greatest ainoinit of reliirinns a.seondane\-, popniur eoiiMduiation and seenlar in- tbience. l, or oni^lit to be, solely by a dosiio of iloini; ynod to reliy;ion, for reh^ion's >ake, and tlii.- promotion of il.sfiieiid- ly tipi'iulion and spiritual predominance and dif- fusion, it i.s unaeconntablo that there should be a predilection forthejnost nourishing; churches, and not for tlioso minor oni's, which mi:;^* (if tho ClerL'y Reserves can do it) bo tilled with a warni- er /oal and transported into a nobler and holier sphere of ministerial oi)erations. The payment of one church by the state is tliou;,dit of (hin;,'«!.- ous tendency. How mnch more alarming,' is the tiroposiiiou to pay four { TIih dam,'er as it atlects )oth our [lojitical ami re!i:,'ious condition is> in- creased by it bt'yond i^eometrical proportion. To add tho leaven of the state to one church is bad ; to add to it four is fearfully worse. While tlu-ro is only one dominant chuich the vi;j;ilanc() of the rest acts as a salutary check. The exclud- ed churches are necessarily united lor their com- mon vindiciition, ami our lil cities, relinions aiul civil, have, therefore, fiom them ihe Lmarantee of an interested co-oj'.eralion. I!ut when you weaken those chinches by miij.'ueti>imj[ the imire potent oj.e.s with the C'lerjzy Hi-mmvcs, and thereby lirawiiiir them from this christiiin confederacy. yon leave the rest in a helj)!is.-. and debilitateil condi- tioi). It is the jipplicaliirn o! a political maxim t ) ecclesia.-t'.ciil alliiirs, " divide a:id govern." Tilt; eihii;\V(;d chnrciie.s will have an additional bond of ui.iio ; but it will be of a worldly kiml. The r.nL;:i^li ci.nr.-h has loi.i; asserted and main- t.iijK'd their i\c!usivi' lii^lit; and it would be a calnniiiy a:4ainst that cimrch to assume they have been rnoio pi'itinacious than will be their new associates. Hence they will combine to maintain t!i'; vast estates conferied upon them: be- cause the rii^hls o( each can then only be certain- ly preserved by sustaining the rights of all. They may iiululj^c in the utmost acrimony ajyainst each other for alle^^cil heresies, and yet bo faithfully banded together to preserve the inviolability of tlieir e\cIiii«ivetemporulilieM. Tlwiy may liiHputo with which church Hhonid, as an aliair of honor, take rank and precediTice, and which Hhuuhl havti tho lar;;e»t Hhare, or upon what principle the division should be made ; lint expect not any concession that Nuch snperioiity can be chiiinid by others, or that others <;ould, without nacrUegt* and criniu, invade their vested ri^^htfl. 'I'heru is an obviouH charm in tint operation ■ f these ample donations. Chemists olteii discover an in;,'rcdient whiidi will pnicnre the union of .siibilanccH, mutually repellent; and the trratid desideration is tiosv found ont for holding tha most Iranscendant t'(;clesiaslical i-oiitrarielu's in harmonious solution. Protestants and Uomaii Catholics, Kirk ami Methoilisis, ar*; lediiceil »o- yetliei by tho common solvent ol cler:,'y reserves; and I verily believe there would be no precipi- tate from the adilition of a little pairanism. The wolf and the lamb, the leopard and the kid seem lo miiij,'lo to;{elher in prophetic harmony. IJut in this cane, it is not so much from the milk of hunnm kindness as from tho satiety of hierarchal participation. They take their floats at tho festi- val of our public lands; and in lau^inage not bor- rowed fiom the book of Proverbs or tho wmks of Solomon, they •' pick the same bone," thev " feather themselves loirether in the same nests," and they " feed at the same bread and bnlb;r." Much, sir, as I respect many of my Catholic friends, I sincerely believe their church, as ihef sincerely believe mine, to be in lalal erior. Fachi apprehends with regret, wholly dee from unkind- nesa, that the other will bo damned. What course does it become us, under this belief, res- pectively to take ? Can I agree to eiidowr tho homan Catholic Church to enable them tho more easily and cdectually lo propagate the veiy doe- trines against which 1 protest ? Can Roman Ca- man Catholics properly aid the cause of herosio?, called damnable, with special appropriations? If religion is important, il is everything. To ef- fect then, this worlilly accommodation, ought we, by public giants, to acceleiate the progress of error and hazard the salvation ol immortal souls? Let every man answer these emiuirics to himself, upon tho principle of patiioiism and ihe hopes of the christian. Instead of giving these clergy reseives, I am ready and anxious, without fear of present or fu- ture consecpiences, lo give them c.elleclively and individually the Hiiii.E, "that they may read, learn, i.iark, and inwardly digest il." But I will not endow error. Nor will I legislate against it, because I heartily believe that the divine truth contains wilhi'i ilseli all the necessary elements for its own achievementsi. I would as soon give Clergy Reserves lo chemists to extract sunbeams from cucurr.beis for the JSun. Remove all artifi- cial obstructions, and light dispels the darkness wherever it shine?. But if, invading the empire and preiogati^i? of Heaven, you endow this dark- ness, and ;;ive it leu'islativo localhy and habi- tudes, you, more or loss, obstruct the genial say and eclipse the flrinament of truth. M. Mirii^a iPKBCii. M IiiMoail of makint; a Statu provi^iMi for luiy (Miu or iiioiu cliiirclioa ; iiidteiiil ol iipiintiioniii^ the iMiTny rt'nt'ivim atridiiy; tlmtn willi ii viow ol ])i()inotiiii{ cliriNtiaiiity ; iimt«^ail ot ^ivu\^f \h'i\- HioiiHor Nuliirit's to iiiinlMurM, to riiuko ihcm indu- peiiduiit uf voluiiliiry coiitribiilioiiM frotii tlie peo- ple ; I wniilil NtiiduiiiMly nvoid lliid policy, iitul leuvu truth uiilutlurud and uriirnpcdud lu mnku hur own cniuinuHla. Lawyers iind I'l^'sicians hnvo no clor^jy ronnrves. Thuy put her into leading strings, wrap her in swad- dling clothes, conliiio In r in the iinisory, and smother her with kindness under .Acts of Parlia- ment I 'I'rutli, however, is not an exotic or a lir t liouso plant. It is indigenous in every countiy, congenial to 'jvcry climate and the i;iitiveof eveiy soil. How can it be otherwise, since i' pioceedeil from iiiin who can be found and Aorshipped eijually in every mountain top, in every valley and in every shade. Till- coinse of nature i.s tho course of I'lovi- deiice. It is the practice ol every diiy to coiilide in it assullicieiit to iiisiiieliii' cont in nance ol those bounties which wo reci-ive as (lependant crea- tures. J{e|)osiiig witlionl liinid a|iprelieiision in a divine Miiieiinleiulini: care ovi-r iiialiiial things why should we be di.itriistliil ol eijuiil superin- tending care over sjiiiitna! lliiiiirs { C'oiiscions of our iiial)iliy to direct terrestrial powers, it is Pagan pri'sutnption, like I'lui'ton, to ascend tin.' chariot of the Sun, and drive witii tearl'ni temerity rouiivl the zodiac of reliL'ioiis trnlli. Will ieiirned gen- tlemen assiiiiie to legislate lor tlie cloiuls ? Do, then, your work ol siipeicr i^ulion. Pass a law foi a safety-fund (il rain. 'Ia\ e\eryiiiaii wilti the piecaiitionary duty ot perindically watering an allotteil portion of the earth, as piiluihiiii for the sun to distil the balmy dew, to sujipiy the winged vapours ol the air, to spread out the clouily cur- tain of the sky and seasonably tlilluse more geni- al showers. JJoes this seem absurd ? Open then the eyes of the understanding and see that it is not less absiin! to usurp tin; spiritual than the physical throne ; not less aluurd to assume to govern " a kingdom not of tins world," than to govern the clouds for him " who rides upon the whirlwind uiul directs tht; storm." Ill the things about us we witness the particu- larity of Providence, acting nevertheless, under the simplicity ol a law which is eijually the ob- ject of our gratitude and admiration. Let us judge of the certainty, simplicity, ami elliciei.cy with which ho can govern his clnuch, by the display of corresponding attributes in the works of nature. -Til t)!l. ROLPIl's tPE^II. litl , u\ lie w'iMh his almighty power not It-ssforail that is little, tiiau for •;!( that is groat. Uy the same apparent natural cnose we see controlled the waves of the ocean swelling into tides, and the fluctuation of the I'^ast ripple upon the surfjH"3 of a basin of water, v'rom the siinie cau.se we trace the spherii. al shape of a planet, and of those morn- ing dew dn',)M glittering over the verdant fields like "oriental pearl;" and hence in the house of mourning you see drop after drop, distilled by sorrow, rolling globule aficr globule down the <3heek. Therefore a poet, without indulging in mere poetical license, has jii-;tly anti beautifully said — " 'i'l ■ t vrry law whirl, moulds a tciir And bills it trickle I'ruiii ilD Hoiiri'c, That law prosiTVfH the cKrllm splioro, And guiiieH >' e planets in tlieir cuurac," When it is considered that it is the same pow- er that cc'itrols the stupeud'iiis niovenient" of the ^universe, .ind the simple eifervescenct! if a mix- ture, we should learn that the relative terms great and litlle anplied to Him. "are terms without meaning;" that his providence is equally univer- ital i nd e(iually particular ; that it is equally con- versant w ilh the events of nations and of an indi- vidual supplicant ; that while it counts the stars of the lit. .lament and the nebule of the milky way, it regards the falling of a sparrow, and nnmbeis the hairs of his (Sol. General's) learned head. — This particularity of providence in niatrjrial things alliirds no apologv fur a christian's ilistrust either of his will or ability to tlispense the affairs of that spiritual Kingdom which lie has hirnsel'' estab- lished and covenanted to maintain for ever, \^ ill learned geiitlomon pass a law in hehalfof gravitalioii ? Gravitation presents to the mind tlic va-tcst and sublimesl coiicepti' ': witiiin the compass of the universe. Wlierever we go, yea, wheriver our thoughts can reach, i'i''» all pr(!va- diiig power extends its illimitat"!-? inlluence. — We acknowledge its presence when we truckle a pef)ble along the ground, or trace the mariner's lead descending to abyss ; we feel it in the heav- ing of t!i(! ocean, and recognise from it all the various nnd inodili^^'d nioticis which the material world adords. Kven if we le;ive the earth and wan.ier wheiiiver the imaLrination may choose t.) rove through bounUless space, we liiul at every step as \v.! travel fioin planet to planet, and from world to world, this mysterious po>\t,r, si. universally dilfused as not to leav a point ..>f space, or a solitaiy atom of matter un- conscious ,;♦' its pr"scnce or d(imain.--lt is every where piesent and unceasingly active. — With this great truth proved to us to demoiistralion, can we fail to recognize the grnriter truth (which this glimpse of t!ie glorj of creation was partly in- tended to illustrate) that he who called all these things into being and npholds them by the word of his power, is also himself every wliere present and unceasingly active? Can it be diiiiculi: to believe of the Creator, however wonderful it may be, what we are obliged up(>'i investigation to be- lieve of what He has Crc.ited ? The ancient Psalmist must have liad something to supply the place of the illuminations of modern science, when without any knowledge of this allprevadiiig law of gravitation, he thus .so sumbliemly deline- ated the corresponding attributes of the God of na- ture ; " Thou art about my path, and about my beil, and spiest out all my ways — such knowledge is too wonderful and excellent for me : I cannot attain unto it — whether shall I go, then, fiom thy presence? If I climb up into the Heavens, thou art thei'e ; if 1 go down into the bottomless pit, thou ait there also. — If I take the wings )f the morning and remain in the uttermost part of tlto sea, even there also shall thy hand lead me, and thy right hand shall hold me." — How strictly the law in this case corresponds to the lawgiver! In the coi 'mplation of this stupendous subji'Ct, New- ton ex])rf ssed the thought (it has sublimity if not 'ruth) tiial space, the very scene of such mighty works, was the sensoriura of the supreme. And how nearly is that thought allied to one of divine authority, " in him we live and move ai'd have our being." When therefore, we see the certain- ty and efficiency with which by one simple law of gravitation he upholds the great and the little everywhere in the material universe, and there- with "spreads his tender mercies overall lus works," surely we have an ample guarantee for the ceitainty and efliciency of His Holy and all- prevading spirit in dispensing the affairs a.ul coii- suinmating the glory of the Kingdom of Christ. We not only thus learn from the light of nature, that his providence is certain and efiicieiit for the advancement of His Church, but we gather from revelation itself, the purely spiiitual meanc by which he has ordained an . promised alone to govern and superintend it. When a lawyci is asked . y a client how the afiairsof a deceased per- son shall be administered,'!' inquires iorhis will, from a careful perusal of which he collects the wishes and intentions of the testator.— He vloes not consider ho.v he would dispose of his own af- fairs as a guide for administering those of another ; lie does not act the part of a mere critic or reviser of the document before him ; nor does he presume to make inleipolations in it, or arbitrarily to pur- sue or modify the teiins prescribnJ by it. — He ic satisfied honestly to expound the views of the tes- tator as solemnly expressed in his will, and then honestly direct the administration accordingly. I now liokl in my hand a lah.t will and testament — Chri.-tians call it the New Testament ; and it i* our duty ir^m it to gather and to follow the plea- su of the divine testator. — In our general reason- ing and speculations on this subject we migliteir ; but what we collect from this source, comes witli thai authority which it is a matter of prudence and duty to obey. — From the time our Sa^ iour reject- ed all the Kingdoms of this world, and the glory of thein, to the period of his ascension, we derive ont? consist :.nit lesson respecting his Kingdom, tin. spirituality of its governme-it, and its separation from the world. In the seimon from the moun- tain to great multitudes of people, a sermon cm- bracing a variety of duties, he does not hint at Clergy Reserves, or endowments or national pat- ronage. The very expression " Thy kingdom come" implies more what l)ie nations should t«- DK. ROLPirs srr.FxHi XUi Cfivt' tluiii \vliat tliny evt>r roulil coiii'i-r — and the C(t!i(,'lii;liii'i words, t(to, — •' lor lliino is the lurtg- di>m, and tin- pitwcr iind tlie (;lory, forever," are 80 d('ci(l('dly r\ciusiv(! of tlie world, Jiiid sueli eoiiipl'-tr ii^suiii|>lioii of tlie wliolt? doiiiiiiioti, tluit il jiiiiiiily r('({iiiifs K'iiiL^s, iiatiotis aitd piiiliaiiieiits to l)e ralliiM' piostrale Cliiistians, tliaii with aiiti- clirisliau aristocracy lo volunteer liiem.stjlve.s I'AinoNs or (1(11). Ilnil it hccii iiiteiidcd to promote and sustain Clni^liaii Chiirclifs throiii;!) the ^ovcrunients of the world, we iiiijjflil expect to (ueet witii aj)peals lo tlieni ill liii'ii- JM-liall, when the iiilaiicy ot tluist; eliiiiclies, acciinlinir to all human ealciilatioris, nio>l lu'cilcd such interposition. Ihut il not lu^enun wise aiiil iiievjiedient. twelve kiiiijs their with po- litical estalilislimeiits, mi::ht have heen Aposlol- i/ed instead of the twelve disciph'-> ; and surt.dy we niinlil at Ica-t look lor >ome admonitions to Fiich en il aiilhoiities lo atlord, as a duty, their patroiiaire and eiuiowrneiits. Hut I do not rennsin- iieriii tiie whole compass of the .New Te^lament, a distant iiilimatioii of the kiml. Cluislianity wasjo prevail aiiaiiist uoveuunciits, hut irovern- nients wrii' not entrusted or commissioned to rear elirisii,,iiily. Ai.d now that chiislianily has jire- vailed a'jaiMst them, then' ohtnideil patioiia^'e and endow iiiei.'s are as ill-timed, as they an' uiineed- ed, yea, |)eriiici<)us. Upon eonimi.-.sioniin^ his discipl"S to ^;o into ll»e world the Naviour said " I'ehold I send you tf»rtli as sheep in the midst of Wolves,"" ;iiid, " take heed to yoinxdves, loi tliey t-M.ill deliver yon up to councils, and in the syiia- t:oi;iies yu siiall he heaJeii : and ye shall he hroii;;!!t lielore rulers and liinLri, lor ni) sake, lor a t('>tii[iony aiiaiiist Ihem."" And what was till' le-^timony ( Tk'il tknj Imd putnmizvd mid n\tit,i-; (I ihiit Mdti- rill'jinii irliirh liny tttliend In tir ,'ri'r mid u'hirli ili' i/l/i, rijorc Kiit^liiimd nr- <'(ii\liii'/ to the law ol iIk! land aL^aiii^l llu' intro- diK !i( II 111 \\ hat tliey ludieved to he error. If tes- titiii.iiy i-- t;:iis |)oriie auainst thtin, it lies ecpially a'.'.!;'!-l us It will not. howancr, lie a teslimony a_:ii'r-l llh III loi actimi; accordin;j to the dictates ol til ir ciinscieiice and the re()iiirements of the l;i\\ ; hiit t.||- (iliii,|||(>^^ imliappily j)roduct!d hy iiie coriiiptniLT inlluence ot a >yslem wliich as- sv;:l d a ceiiMirshii) anil . i ):i'M-,ils. Imt over nil Ml Ivi ili'ir jnii-diclioii that its Sl)lli iv'i'.ri ami II akii our lit liel ol its i.ii Ji till ;:;. ' y 1 . we ominion, not nuni'ly ;'i);;, a suhject so hu- i' re exists Il uv'en eveiy individual and his maker. '.:t;iiLr eurseU es natiiiuai judires of what is jii-lilie;ition lor e\erci.-in'4 our parlia- .uiilniiiy in its CMtahlisliiiii at ami sup- 1 . 1 • liy our examjile all the pa:,Mii e::l'. Ill liie eaitli liiidur the ^allle [lenaia- iil t^ieir :;.;i!-,. Niirli au . e jve.\er lui' t'le nsain'.-n-. a w I ) ' iliiy llieir error and [irevule iiieaiis lor .ippliealioii nee ot i(fi)- Wili:' av'ui 1 oil llie tore diaii^ oil Use ■• c..;i eii«,i. Ui\:h, Ir.JK.'- Our Saviour wiis neciised hy Hiatu iicuu.sors, '' tlie nation and chief priests," and of a tSlato of- finice, '• III/ our law he ouijlit to die, hi canst! he made himselt the Son of (ioil ;" he was an.' tod lor it hy Stale anlhority, "the hand and ca|itain and oliicers ol tlie Jews;"' he was taken lielore State aiitlioiitv, •• Foiitius I'ilate in tlie Ji;ili;inerit hall.-' It \Miiild, to my mind, lit; as corieet to say tlial in KiiLdaii(l;(^it was unlawlu' for jiiififes and jmies to cnterUiin a coinplaiiit against olieii- ders for iioii-cmdonnily, when ll.at law was in force, as to allege illegality ai;aiii>l tiie ahovo pidccediii'is. As It i< admitted, our Siiviom, in- stead ol heiiiii ;j:nilty ol hla-pliemy. maiiilested the glory oi (iod, and lau;ihl the ri'liyion nl truth to niaiikiiid, so il must he admitted, liie laMsiitiB accused under the conventicle act, were only guilty of •' having Hihles '' and enyajiiiej; in social woi>:iip of their Maker in tin- nanu' ol their Re- deemer, in liiitli cases the State exerci- ed pow- ers eoid'erred hy the law of the land, hut in holh cases it was a jiowei, f^ranted and i \eicised iif.;ain-it the law ol (Jod as tlien ■'xpre>>eil in natu- ral and now revealed reliixion. '>u ad iniyhl be passed estahlishinii- a new reh:.^ioii in l.'p|)er Ca. iiada, pr itected hy penalties to he indicted upon all our iiiiii-coiirormi-il-;, jii.-t as inlidelity vias pro- (daimed in I'laiiee. 'I'lie leyal riirht would exist, hut ioniided oil a moial wionii;. on an olleiice ai;ainst find and the reli;,'ious relation he hi;ars towards his cieatnres individually. Hence our Saviour upon lii-^ airaiiiiiment pleuiled :— Islly. 'J'hat the suhjeel matter did not heloiej; to earthly judicatures, " my kiiiLi'dom is not of tiii> world." kindly. When the jiidue asked him •• \\heiicc art thou C he Lravi; him no answer, a very plain in- dication that siicli an earthly eoiiil emild not nuhti}' iiitertere wilh tlii' rehiti'iii he siwlaiiied lothe'Miist lliirii. .'kdly. When I'dale. like a. modern jiuIl;!'. relinked him tor rtaiidiii'.r mute, and a\eried ids >• power to crucify or release," the Saviour answered in llies(> memoraM'' words, '* Tlion ciMildsl have iio power at all ;.::iiiisl ine, except it were :fiv n thee truni above ; lir'iefore he that delivered me unto thee halli tlie aieater sill." 'riii> was aiiotlii i di-^tiiicl plea to the jiiris- dietimi : il clecluicd tliallln' olleiice ol the person svlio deiiveie 1 him was not only i^rcdt but the grcJiltr hecaiise he anaiu'iied him bi'l. ri ,: li-ibu- nal wiiiih had no [lower dele^aled ti-oiu Heaven, to adjoilK'ate ill sneli a matter. Ihil the present parliamentary allenipt lo jiulue belwcLU Ukj churehes ; toidecl wlial creeds shall Lie admitted lo, and what excluded Iroiii oliicial i>atroiui;TO aed endi'vvment; to decali.' what chi isliaii'- pro- Ic.s.s a liiiUi eiiiitiin;4 Ihein to jiailicipale ihe wi'allli ij! llie •/ovenimenl, and what christians tor soKie implied lier.',y er mi wollhiliess .-iloilld ni^'ie^N leceiMi loleraiiiai ; to iin.uit,' lii.' •• kinir- ''. iiu II- l el lilis WO rid Willi IllVl.ilon;- al. Jta- ;-> jii ;oetii;;.te it '. ih'.' ehi isliiiu ; ; ;oia\'a:illi;i p.ei', l.iy,h=-i>. "N. >'\. d 'Ik; e.-;a!': v.'iii.uv.ed L} t.:^ h ul ol W.;M!d ! C-nai w .: -J n [oM '.at n (iin .a''.'e.-. by Ihi- eonieriinLC oi w hieli, .^omtf iiiciu-.-. Ill" to l;e honored, aiul ly liie with- li;::.'. ei wiiieli, olliers are }o hi' t a.- iiiered hv Shii. ; !!ie.-e |':a-iianKi;lary ;.;:. mpis Inn.s la Tie s '.i- ol'ji al'ilL- ', aiiieau: lliC ei.urciie.s of 111'. i.lihem \vi4h e.ivy a, i iniv;:;! ili .a witti xtv im. irn?.i>ri'« spkkch. m I ^1 iiili.'ifial aiili-chrihtiiui iiii.^tociacy, arc in priicv tic;', in jii-iiiri|)lo a. id in c'()iisf(|n(MR';>.s, j^o closely allii'ii to \\w di'pri'iMluil inlcrfcrinci! df l!i;) wmlil Willi the siii>i('iii;ic-y of tlie iMc-isiuli. I':ial any ntii!('laiii)ii 111 ii di.-sunc'.ioii wonlJ vaiii-,Ii in a ii*- lin'jiu.nit. \\':;en('Vt'r persons vohiiitcercil in tiiR cfiii-ie of clirisiiiiiiiiy upon iis lii.-l anAinncciiii-iit, iioliiin^- ot till! iialnie ol' CU'iuy l{\(p>iVL^s wiis iiiiimiiicil lotliem; bill llio i'Iiiii''li '.vas cvliibiU'd po:ii- ol' llie wuiM and licli of In'.ivon. When ihe x Huiil, " 1 w'll lolivuv wheri's.u'vor ihnij :;oe.-t ;" iiu he was cluvied wilh no prcienl or I'nliiitj pii/s- peel ol' jaiiu'ely or iialioiiai snppdit, •' llie loves liave iioh's and \\n^ Mnls of the air have nesis, bulliieS.iii of man iialli not wh :■ lo l.iy his head •'*'' nor dot!s it .ippsir that iu; alL'i WiuiU eii- liited !iiiiis.''f in ihe -er\'ic • of a kiiiLjdo.n wliivdi was eiLjaueil in a war with llie whole wnral ; a kiiiu'doni, iherefoie, which could exjicei IVuiii its <»;)Vt;i lime, its as little ai.l then, as ii can luvd from t!u:in now. 'l",;e -ainu senliriieiit is piiisii- ad when the yonn;;- n.aii of Jireal pos.^essions made his eiiqairies after Falvaiioii in an early peiiol of tii'j eliii-tiaii iniiiistralioii. 1! liie ohnre'a was to beat any lime ind dilcd I) tiie ■world for noiiri>hmeiil aad growlh, it appeared al lliis ])riinilivo sla^e more p.iitii'iil.iily to reipiiie it. And had sindi been tlie destined policy of iho spiritual liierareh, the pre.-imiplKin is that tho voiuiii man would have been instrui.'led as a niat- ier of duty to converl his '• itreut p:)sse^.si(jiis" in- to el. and the lalujiiieih few.*' A vei'y dilleienl conchision, liowever, must he drawn from the iiijniution -'soil all thou iiast, and givn to the poor and follow mc," The einiieh aiiiony: clergy re.-.erves, is represeiilcil, '■ i.s seed ainoiiu' thorns," "the care of this world and the del eilluh.e-s ol' rielies, chuke tlie woid and it beeumelh uiifiiiilhil.'" Wherevei- in the form of 11 par.ibie a iirophelic aecuunl is ;^i\eii of the course and hisloiy of the cliiiicli, no part is assii^ned to paiiiamenls or national endow- ments. Hence the Saviour ropiesents himself as, " the true vine" and his Father n» the •' husbandman" and instead of reterrinj;, in any deuroe whatever. the growth and Irnilfnlm-'ss of the branehes to /Uilional and parliamenlaiy eiuiowinents, (wiihoiit wliiili some appieheiid the vine wi I wither awav,) it is ernplialieally said, in uvplaiialiMii of die so'u source ol produetiveiie-is, " withoiii me ye can d) notliiu:^," — " 1 have (dio-mi you and ord'',r'\ yon, that your fruit .',!iou!d rnihiin''^ — sn i. — • aiid I when Miliilned. 'it is not .'aiil oi hnil ■ I. 'i:;,i ihev ; shoiilij l><; leeeived as ail ally, oi be a'do-v.'d I'") I sway th'r' sceptre of I lie kinu ioiu wuirii 1m I ae- j coiiipiished their sidijiii,'atio!i. Tiie di-;(dple-; ;iie distnayed — ]]<". ai.' ihey I coair'nlrd .' With llie |)io-p.-ci oi Ci ].\- ]{,'- scM'es ^ or nati"iial envl'owini'i.l^ ^ or o!' p.uija- liientaiy le.;i-ilalioii ? Not om- v.Miii ol con-ola- , lion IS d(':!\ed fioiirthe world. — 'i'liere is n.i pro- I p!i<'tie d.'^i'iipii )ii of any kindied iel.,ti.iii pre- >eiil Ol fill: le lieiwcii Cliiiieh ;• id Sla'e, .'il ler i to hiiiii lij.th the fiiiit or make it r.'Hi;.iii. Ta, y I wi-r.' " to ti'aeh all nation-,"' and to " i''e I lie i slie,-'p,'' ill the iiiiiUt of iiiartyrdiMii aini i!.mi;,-- I and tlieir eiieoiiracemeul i^ " i>,' oi •.; !•■ I ciN-er, , / /iizrcoverco.ne Ih • world"' a:,d the " Lirhc i siiaii uive yo!i another cotiifoiiei t h't he Mii^hr abide , wirh you I'oievi.'r: i.'ven ihespiiii ipI i.uui. whorn t'le world ci'.iiiiot ri.'cinve;"' the \"iy w'lil.l, in- deeif, wiihoiii w;i)>eaid li-arai'd ^riilleiuan \voiiid make me believt-, chii.-lianily w.aild bt-eo.iie ex- tinct. I Uei;> is the las! will and t slanie it. It .■vi.aial.i I to cany ':iil the analogy, ail e\''ch;;ii ; lai' not of I !\iiius er I'.vrlialili.'nis ft is e\p!e-;-|y aid eV- eliisividy, "ihe comforter, v-lnch i-.'the ibily tiiiost. to remain with llnjin foiin ei ."" " ( '.n .iml teach all natioas " and to I am vi iiii you io tiie ead of the world. ■" This promise is i'self eiionidi, lunl in the lirst cen;ni':e> il was all |)revailiii'j'. Ii n.-iihi'i needs nor !i.-,ks ih(' si.iier-additicii ot tho-' o.i'ioaal en- dow ii nil's, whi(di, accord iai; to tin- e\ pei i'lice ot tae pa.-i le^es, aial the tevtimoov- of |)i\iiie-», "have ihlded to the wealth, b'.r deslrovt o the spiri'v.ality of ihe church. Attempts werie made to defeat divine proj-ihe'^jr ■ by it'-bnildiiio- .Jernsalern ; but so >ale vvas Ilie tiiilh under the supreme care, v.liieh i> now dis- tiu-led, that the repeatcil attempis wert; as re- ; piMlcilly dffiMtiHl by a ^.lira.•ulon^ i!iiei''i'i-'iie<',. i The foli.)wiiig is ihe .icoounl f.';:vea '.i}' Dr. Mo- ; sheiiii : I *■ As .Iiilian affected in pnierah to Lippe.n- niod- I prate in religions matters, ^uwiliinu; to tioubh) : any on account of their faith, or to .seem averse I to any sect or party, so to the .feAvs, in partiimlar, he e\'teiideii so I'.ir the marks of his ;iidiiLvence a» to permit them t(j re-build the ter.iple of ,!i.Musa- lem. 'J'he jews set about this imi>orl.iiit work; liom >vhii-h. however, they we're ubliued to de- sist, bel'oie they had even be;;iiii to lay the foim- , (lalioiis of the sacred ediliee. For, while lliey were; rernovinpf the rubbish, jcnii'lable li.dl.< cf (ire, issniiiLT out of the ground with a ihcuiful noise, dispersed both the works and ila^ ■.'.■:) kmen, and repeated earthcjUake.'* filled the flpeotators of ' tliis astonishin'/ phenomenon with tf.-rror aad dif- 1 may. 'I'his si'^inil event isatte*,!>- I in a manner 1 thai renilers if.s eviihnice irrosistilj'.e t'.i-'ii^ii, as 1 usually hipp;ns in ca-ies of th.it iioare, tho I ChrisliaiiH liave endvdlisbed il by an ;ineniing rashly the iiumbur of the tairaoios tliat ara gup- 1)K. r/ii-!'ii s svi;r,fii. AT iKi-i'il Id liavn h.'iMi wioLiijlit iin m liial (iccMsioii. i" ii- i',ni-.v!> (if ilii-i iilii'iiMu 'iiO', ai.'iy !'ti!!ii-ii iiiui- If r 111' (li-iui! ■ : a. Ill li'.Miir,! iiuMi )i;;vc, ill clifcl, li,t(»!i ilivi l.'il '\\y<\\ lliat |)'iiiii. All, IniwcviT, Willi Ci;!!-.!'!!'!' 111.' lll;illri \\ il'.i alliMliiiii .mil iiu- |i,inialiiy, uill i'i'ici'im! I'li' .'-liii!i::i'.i' ila it'ii aiuniiiciils iill'i'icil tiy s ) 11" Id provi' it lia' (mI'i'i''. oI lliilllial fail- (!,■<, iir I'l'i-.i! aili!i;('il by nilii'is ta |)-;'i>'i;alr lis li,,i1. il was Uii' ifsillt ol' r.ili'ira ami iiM['!'-lnii', ciiiitai'i :Miy- llin::; lint iiiaj iml lu; rclii'.iM.I villi tliU lll.'iluat :,i.aii!y." .A.cphliii:^ liit'iK! 1,',1'j-uai;!' olSt. l',;iil---"' Cliiist if iik: liisul 111 llic |ii:ily, lla' fliiiicli.'" L ivvyi'is \A i;i iiii-ai vc llial It is mil '" ii|)rr!iir, ailtllitliim lla> iHctiMisidlis iil iiii rljii'i', till! assnaiiiiaii nl' iuiil>'|)"ily, ami llu' I'oin- [1 I'lioa 111 III! Kill", I'alit'iial, I'SiTiiln c, iir li';;-is- liiiv" a->-iMa!ily. WiK'.t is Ml" lat liy th.j IhmcI ? ll i- \',r |>,ill liy wi.ii il Wi' :-■,■;•, ailil liiM',-, airl ili- i.'i.'1 llii' ii'iivciirals III till' .'; lii'ial liaina. In liku inri!iiiiM-. as '• the KiMii.*' I Is' li;i-' an eye and ,iii ear .-iiiiiliiallv 1(1 I'll inmiii.' wiili liis I'iiiircli ain! siip Tinli'irl its wlidli' >."ciii!ii:iiy. 'I'liis [ilcdyt? In..' Iiiliu'ila ha-, a'lil will ((laliiiili' l(i 1. iloi'lil. Do y,)U (I, mil! Il ] Will yen (I sp.'ak i' iml iiicvcr- (.iillv) I'li'-t lliis i'.iiiiaiia'iil i'llo 111.' (.''laiirciy nl' 1 Ji'.i'v'Mi, aail issaiJ .1 c'lMimissi'i.i i,l' lunacy in l.lic c-isi' ' — Il siii:inl.--, iiiili'fil, SI) pioKint', as iiiin.'li to ru\'.l iia iilll- i.lnrlaiy apnliiLiy. iiill dacs il liol saiiM 'll Ini- -a,;.;' laMlanity . In talk of luiililiaL;- i::MiMi:.nily, wA o\\ "tin' in.'k "" willi the " cliU'l ••.(iran- .-tnui',"' Im! nn acls nl parliaau'iil. Clia!j,y !{(•> T'cs, ami stall.' palKHia'ic '. " Il ;t I'.- oi iiii'n it will ('(line to iiiiiiL;lii : Imt il it ln'iii 'in. I. yc caii- i)(>t oviMlluow it.'' Admit, llicii, ol no (!('i'l(.'-aiis- li(Ml lio.-i-on : sand ion no iisuipaliaii : attempt imt t(i (>ass tlic basiT cm n'lK'y of llicwoild in liis fjpiiiUial kiiiLi-dom. I!nt Iciiilossly k'avi.Mlu'cliiiicli to lu.T Kimr, v.itk si;c!i ininistms as shall hoar iitni olu^y Ills vdici', " taki! up your cro-s and iol- low iiu'":" and licliovc lliat lli(>"fi(!(.'-vvill oli'eiinys (rt'cvt'iy iiraU'firi convtMl, bciii;^ nil lluil is a>kcil, will tuuk-r his providcin'i-, llnw i nto tlio sacred treasury with t'lioii'ih to wis(dy siipjdy ;ill Icinpo- ml wants witliout llio fear of povi;s and Coverimieiits lo do foroliiisliaiilly I Let tlu'tii conduct the all'airs of the people iiiVnrii a nriiiimer as will yield the j^- --^.'st d.'ij-rec ol' jj;eiieral intel|i;.;eiice and pros- jwrity, failhliilly ("xlendin^; equal reli,u:ious and i'AwW ri:.'-;ils lo all. 'I'lUlli and error will then, ix;lilically speakiii.;;, bu put upon ibtfir rewpet!'.ive ri'scuiei^s ; and tliere ran be a.s little fear ll r.l thf fornier will lUit jncvail over llu^ laller. as that d'. d .«ill lift pievail over Mammon. TJie divii c laiiui.aiiu .'u!(lir.!.->ed to i.iiilliiude.-' of people, is surely applicable to a liinitcHi lew oi tli.il number, eir^aued in the maiia:;eiiieiit of iheii coiiiiiinn nii'airs. " l,ei your liLcbt •'^o .shine lelorc men, t!r'.'. iliey may see _\dur ynod works, ami ;;ln,ily uiiir Fatner wiiicli is in Heaven." CoTernments will most siil),s1aiilially promote' ai.d eiiii.di the chrisliaii elinreli, by o.vemplifyin;; in llii'ii private relations and in their jmldic. d»- p.iilmeiit, the 'iiaei.'.s of tin? yospi.'l. lU:t the ;;ov- ei iiiii"nl w'liiidi ))uls '-ils candle under lliebushel.-' and is s 'en in i!.> [ii ii!ci|>ies and il.s resulls, by ilia; uimmier, wliic!i baioly icnider;-. " the darkiicso vi-ilil,'.-"' idi'oids by Its political ])ali'oiiaj:« :i .■>liaiiiel'n! and unpiofilablii .substituto lor lho»u m Ml! .-.iiiiiliial oiidowiiH iil.s. 'I'll wliat piirposi'.'S tluMi. ni;j;ht lliese reserves tri be applied? To the ^^eiieral ed IK.' at ion ol tlie pi.'opl*-. Pliiltis(i]iliy lias be(;ii wnll styled "the Iiandinait! of ii'li'.ri'iii :" an.l wliilo liie general diiiusion if kna'.vli'due will air.;!iuiil the haiipiiiess of the oniaiMiiilv, it will at llie .-^auK! time enrich titc corrob:ili\'o ti'vlimonies in favor (d' divine truth, and liimiiiisli lliat i'j,iior.inee and crio'- wiiieti li.ive lierctoioie reiideicd it less accefsibU; li' mankind. lfie:ij;ion lias in past times iriumplinntly pi**- vaile.! a;:aiiisl the powers of this world and of darkn.'ss I )o, liow^ incali.'ulably we may facili'alw her lonquesls by merely levelling-, as it weie.the liie.ilic '•! her operations, and ;riviii;T freiM' scope III Icr spiritual W'd!an>. Altliouy;li nuuiy ^^reat men have bidnulil all the force of their minds to bear rinainst clnistinnity, and have thrown ovn it the clouds of inli ieliiy, yet those clouds lifivw served to liive yrealer ndractioii to the trutli sliin- iiiii' ll:i()i!L':h lliem, and theicfore enhanced ;iiid enli'ji.li-.l wl'tit tli.^y were intended l(.i darken and cii~'iiioii.l — just as tlie moon rising in an evening fej s'/ems really the nearer iiiul the greater f(>r llie v. TV mist about her. Thus Clibbon is eori- v.'iled into a commenlalor npoii tli. lullilinent of pi'.ipliesy. It such lias bcviii the course of cliiis- tiauity under mnltijdied disadvaiilages, tlu! abati'- inent of those disadvanlage.s will contribute lo rmitine its meridian, and usher in the ajiproach- iiig milennium. AVilli these views. Sir, it is my ititeiition, Klioiiid tlu! motion for the adoption of the preamble ot rif« bill bid'oieyou be lost, to move th» rollowiiig re^en- lution : "That it is e\p< diiMit to provide for the palct A the Olcrgy He.'^eives, and the n))plieation of \)>e j)roceeds to the pi:r[)oses of (ienesal Education, m* one of the most legitiinaic ways ol giving f.-t^ sco[u; to the pro{j;res8 of leKgious IrutU in * i-,- ' cdiunrariitv." . I